The proposal is compatible with the goals, policies, objectives, programs, and general land uses of applicable elements of the General Plan. In order to satisfy this criterion, a proposal must meet the overall intent of such goals, policies, and objectives.

The base zoning district (ref. Chapter 3 Zoning Districts and Standards of this Title 9) required to accommodate the proposal is consistent with the applicable General Plan land use designation shown on the General Plan Land Use Policy Map. Such zoning consistency shall be determined by consulting the Zoning Consistency Matrix (Table 2-1, following) which depicts which Zoning Districts are consistent with the various General Plan Designations.

For residential projects, the number of project dwelling units is consistent with the General Plan density designation. Density and unit counts shall be computed in accordance with Section 9-2.103, Residential Density and Unit Count.

Should it be necessary to conduct an election pursuant this section, the City Council may order the election to be held on a City general election date, other statewide general election date provided for under Elections Code Section 1000, or special election date;

The City shall bear the cost of ballot measure at a City general election. The applicant shall bear the full cost of the election if the applicant has requested that the ballot measure be held on a statewide election or special City election date.

Any application for a permit or entitlement pursuant to this Code must be accepted as complete for processing by the Planning Department in order to initiate the official review process. Standard submittal requirements for each permit outlining the form and content of a complete application shall be established by the Planning Director. In addition to the standard submittal requirements, the Planning Department may request, in writing, information necessary for the complete analysis of an application. All required materials, information, and fees shall be provided by the applicant before the application is deemed complete for processing.

Within 30 calendar days after receipt of an application, the Planning Department shall review the application and determine if it is complete for processing, and shall notify the applicant of such determination in writing.

In the event an application is determined not to be complete within the time frame specified in this section, written notice shall be provided to the applicant specifying those portions of the application that are incomplete. Said notice shall also indicate the information and/or plans necessary to make the application complete. Upon receipt of the required items by the Planning Department, the information shall be reviewed for completeness and a determination of completeness shall be made within 30 calendar days; such determination shall be transmitted to the applicant in writing.

If a written determination regarding application completeness is not provided to the applicant within the time periods specified in this section, the application shall be deemed complete for the purposes of application processing. The Planning Director or designee and the applicant may mutually agree to a reasonable extension of these time limits, as permitted by State law. The Streamlining Act does not begin until the (CEQA) process is completed.

After a determination that an application has remained incomplete for a period of 90 days after written notification of incompleteness is transmitted to the applicant by the Planning Department and a determination that the required items have not been submitted within that period of time to complete the application submittal, the Planning Department may return any unused application materials to the applicant and refund any unexpended portion of the application fee; provided, however, that the applicant and the Planning Director may mutually agree to an extension of time for submittal of remaining incompleteness items.

A reviewing authority may refer a request for a land use decision to the reviewing authority designated as the appeal body for that type of land use application. In such cases, the referring authority shall prepare a written report containing the reasons for referring the land use decision.

Prior to rendering a land use decision, the reviewing authority shall address each of the required findings or criteria that apply to the application type as described in this Code. Evidence or testimony shall be given to substantiate the reviewing authority’s determination on each of the findings applicable to the case being considered, and shall be specifically cited in the action taken by the reviewing authority.

The reviewing authority may take an action of denial without prejudice on a land use application. Such action shall allow the applicant to reapply for the same permit immediately upon the effective date of the decision except as otherwise specified in this Code.

In approving an application for a land use decision, the reviewing authority may establish reasonable conditions to its approval that are found to be necessary to protect the public health, safety, and general welfare. Where the use proposed, the adjacent land uses, environmental significance or limitations, topography, traffic circulation, infrastructure or other conditions is found to so require, the reviewing authority may establish more stringent regulations than those otherwise specified for the applicable zone district in which the project site is located.

For legislative actions such as General Plan amendments, comprehensive development plans, rezones, and development-related ordinances, the Planning Commission shall review and make a recommendation to the City Council as the final reviewing authority.

City staff reports on land use decisions and zoning matters shall be made available to the public prior to any public hearing or meeting on the matter and shall be presented and made a part of the public record.

Ordinances approving land use decisions shall become effective 30 days after the second reading of the ordinance, unless some other date is specified within the ordinance.

Land use decisions made at a public hearing or meeting shall be effective on the fifteenth day after the decision date, except when the fifteenth day is not a City business day in which case the decision shall become effective on the next City business day following the fifteenth day.

Land use decisions made by administrative action shall become effective on the fifteenth day after the written notice of the land use decision has been deposited in the U.S. mail, except when the fifteenth day is not a City business day in which case the decision shall become effect of the next City business day following the fifteenth day.

Land use decisions which are made contingent upon approval of one or more legislative actions, such as a General Plan amendment and rezone, shall become effective on the date when the approval of the last such application to which they are subject becomes effective.

Unless all conditions have been complied with and the occupancy, use or division of land authorized by the land use decision has been inaugurated or been recorded within the time specified for each land use application type within this Code, the land use decision shall become null and void. For the purposes of this section, the term “inaugurated” shall mean that applicable grading and building permits have been issued, and that substantial work has been performed and substantial liabilities have been incurred in good faith reliance on such permits.

Where circumstances warrant, the reviewing authority may grant an extension of time for a conditional land use approval. The length of such extension shall be determined by the reviewing authority based on the limitation specified in this Code, but in no case shall a conditional land use decision be extended for a total approval period exceeding three years unless otherwise provided by State law. The reviewing authority of an application for an extension of time on a previously approved development project shall be the authority which is specified in the applicable sections of this article, except where such application was approved on appeal, in which case the reviewing authority shall be the appeal body. All requests for a time extension shall be submitted in complete form no less than 60 days prior to the expiration date and must be deemed complete by the City by the expiration date or the project approval will be deemed to have expired; provided, however, that the applicant and the Planning Director may mutually agree to an extension of time for submittal of remaining incompleteness items for a time extension request.

Approval of capital improvement projects of the City shall not be subject to a time limitation unless specific time limits are included within conditions placed upon the project’s approval. Extensions of time may be granted as provided herein.

Posting of notice. Notice of the time and place of the public hearing, a general explanation of the matter to be considered, and a general description of the area affected and the place where further information on the application may be obtained shall be given at least 10 calendar days before the hearing by posting at three public places in the City. Said public places shall be designated by City Council resolution.

Mailing. Notice containing the information specified in subsection (f)(1) of this section shall be given by mail or delivered to the applicant and to any other person who has filed a written request with the City for such notice. Notice shall also be mailed or delivered to each local agency expected to provide schools or other essential facilities or services to the project, whose ability to provide those services may be significantly affected.

Publication. Notice of the time and place of the public hearing, a general explanation of the matter to be considered, and a general description of the area affected and the place where further information on the application may be obtained shall be published in a local newspaper of general circulation at least 10 calendar days before the hearing.

Notice contents. The notice shall include the date, time, and place of the public hearing, the identity of the hearing body or officer, a general description of the matter to be considered, a general description of the location of the real property (if any) that is the subject of the hearing, and whether a negative declaration or environmental impact report has been prepared.

Surrounding property notification. In cases where the public hearing concerns a specific parcel or parcels of land, such notice shall be mailed or delivered to the owner(s) of the parcel(s) in question (if different from the applicant) and to all owners of surrounding property as described in subsection (c) of this section. In cases where the public hearing concerns a request for animal keeping or beekeeping on a specific parcel or parcels of land within allowable residential zoning districts, such notice shall be mailed or delivered to the owner(s) of the parcel(s) in question (if different from the applicant) and contiguous property owners as described in subsection (h) of this section.

Posting of notice. Notice of the time and place of the public meeting, a general explanation of the matter to be considered, and a general description of the area affected and the place where further information on the application may be obtained shall be given at least 10 calendar days before the hearing by posting at three public places in the City. Said public places shall be designated by City Council resolution.

Mailing. Notice containing the information specified in subsection (g)(1) of this section shall be given by mail or delivered to the applicant and to any other person who has filed a written request with the City for such notice.

The Planning Department shall provide mailed notice to contiguous property owners and any other owners of property which, in his/her determination, have the potential to be affected by the proposed project, no later than 10 days prior to the decision date.

Notice shall include information about the proposal, the location of the project site, the environmental review process and proposed findings pursuant to the California Environmental Quality Act, the date of the proposed decision, and contact information for the reviewing authority.

Amateur radio antenna permits in compliance with the provisions of Section 9-3.507, Antennas;

Awnings in all nonresidential districts where the awning is structurally attached to the principal permitted structure in compliance with Section 9-3.501, Accessory Uses and Structures;

Building additions not to exceed 10% of the gross floor area of the existing building or 1,000 square feet, whichever is less, provided that the Planning Director finds that the expansion: (A) will not change the use or density of the project and that all required parking, landscaping, open space and setbacks and other required features are maintained or provided on the site; (B) will not result in new or additional environmental impacts pursuant to CEQA; (C) conforms to all applicable Code requirements; (D) is consistent with the City’s design guidelines and the character of the existing development or land use approval with respect to architectural style, colors, materials, massing, scale, and other design features;

Minor modifications to existing development projects or approvals, provided that the Planning Director finds that the minor modification: (A) does not change the use, intensity, or density of the project; (B) does not result in new or additional environmental impacts pursuant to CEQA; (C) does not deviate from applicable Code requirements; (D) is consistent with the City’s design guidelines and the character of the existing development or approval with respect to architectural style, colors, materials, massing, scale, landscaping, lighting, and other design features. Proposed minor modifications to colors, windows and doors, landscape palette, signage, lighting, and other design features shall be routed to the Design Review Committee for review, whenever the Planning Director determines that the modifications may change the visual character of the building or site;

Minor modifications to grading plans or grading of existing lots, pursuant to the Section 9-4.423(b);

Equestrian shows and exhibits as permitted in compliance with the provisions under Section 9-3.515, Equestrian Standards;

Exterior lighting as permitted in individual districts in compliance with the provisions of Section 9-3.529, Lighting Standards;

Fences exceeding maximum height requirements provided they are in compliance with the provisions of Section 9-3.517, Fences, Walls, and Hedges;

Home business permit applications that comply with the provisions of Section 9-3.523, Home Business;

Minor modifications to approved tentative tract or parcel maps, pursuant to Section 9-4.423(b);

Outdoor dining, provided that a finding is made that adequate parking is provided for the outdoor dining use;

Outdoor display of merchandise and product display for an existing building provided that such outdoor display complies with the provisions under Section 9-3.549, Storage and Display;

Outdoor storage as permitted in individual districts in compliance with the provisions under Section 9-3.549, Storage and Display;

Roof eaves and gables on accessory structures in excess of 12 inches, measured from the vertical side of the unit, in compliance with Section 9-3.501, Accessory Uses and Structures;

Sign permit applications in compliance with the provisions of Section 9-3.543, Signs;

Special activity permit applications in compliance with the provisions of Section 9-3.547, Special Activities;

Minor alterations to structures listed on the Inventory of Historic and Cultural Landmarks (IHCL) consisting of replacement or modification of doors and windows; the addition of first floor porches and decks; the replacement of roofing material or building siding; minor improvements to landscaping, hardscape, walls, fences, arbors, and other landscape features; and similar minor site or building alterations, provided that any such alteration has been reviewed for conformance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995, Weeks and Grimmer).

Each petitioner for a General Plan amendment shall submit information deemed necessary to complete environmental review and the consideration of the amendment itself. The Planning Director shall prescribe the type and form of information required and shall ensure that it is of sufficient detail to allow adequate analysis of each proposal.

Environmental review of the proposal shall be conducted in accordance with the City’s adopted CEQA Guidelines and applicable State law.

Notice of the proposed General Plan amendment shall be provided to affected service providers, utility companies, adjacent cities, school districts, the Native American Heritage Commission, and other entities as required by California Government Code Section 65352.

The proposed General Plan amendment shall be forwarded to City commissions and boards for review, as deemed appropriate by the Planning Director.

The Planning Commission shall consider the proposed General Plan amendment at a noticed public hearing pursuant to Section 9-2.302(f). The Planning Commission shall adopt a resolution recommending final action on the General Plan amendment to the City Council, including findings supporting their recommendation.

The City Council shall consider the proposed General Plan amendment at a noticed public hearing pursuant to Section 9-2.302(f). The City Council may approve, deny, or modify the proposed amendment, provided however that any significant revision to the proposed amendment shall be sent back to Planning Commission for review and recommendation within 45 days. Failure of the Planning Commission to review and make a recommendation on the City Council’s proposed revision to the General Plan Amendment shall be considered a recommendation for approval.

Environmental review of the proposal shall be conducted in accordance with the City’s adopted CEQA Guidelines and applicable State law.

The proposed Land Use Code amendment shall be forwarded to City commissions and boards for review and recommendation, as deemed appropriate by the Planning Director.

The Planning Commission shall consider the proposed Land Use Code amendment at a noticed public hearing pursuant to Section 9-2.302(f). The Planning Commission shall adopt a resolution recommending final action on the General Plan amendment to the City Council, including findings supporting their recommendation.

The City Council shall consider the proposed Land Use Code amendment at a noticed public hearing pursuant to Section 9-2.302(f). The City Council may approve, deny, or modify the proposed amendment; provided, however, that any significant revision to the proposed amendment shall be sent back to Planning Commission for review and recommendation within 45 days. Failure of the Planning Commission to review and make a recommendation on the City Council’s proposed revision to the General Plan amendment within 45 days shall be considered a recommendation for approval.

Following the denial of an application for a Land Use Code amendment, an application for the same or substantially same amendment shall not be accepted within one year of the date of denial, except as initiated by the City Council.

The proposed Land Use Code amendment conforms with the goals and policies of the General Plan;

The proposed Land Use Code amendment is necessary to implement the General Plan and to provide for public safety, convenience, and/or general welfare;

The proposed Land Use Code amendment conforms with the intent of the Development Code and is consistent with other applicable related provisions thereof; and

The proposed Land Use Code amendment is reasonable and beneficial at this time.

The specific reason for filing the appeal as stated on the appeal form, relates to a discretionary action that was under consideration by the decision-making body.

The individual is qualified to file an appeal as meeting the definition listed under subsection (c) of this section.

New construction of commercial, office, industrial, institutional, recreational, or other nonresidential development and/or use;

Residential projects with a gross density of eight units per acre and/or that propose new construction of three or more dwelling units on a lot, parcel, or development site;

Substantial modification of an existing or previously approved development project which was originally subject to AC review, or expansion of such project by over 10% of the original floor area or 1,000 square feet, whichever is less;

Change of use within an existing or previously approved development project subject to AC approval that would intensify the use so as to trigger additional requirements for parking, building occupancy, exiting, rooftop equipment, doors and windows, vehicular or pedestrian access, or other modifications as determined by the Planning Director to require new AC approval;

Conversion of a residential structure to a nonresidential use;

Project entry designs, slope landscaping, walls and fencing plans, and production home designs for residential projects approved by tentative tract map;

Area plans, when required by a Comprehensive Development plan or Specific Plan.

Each applicant for an AC review shall submit information deemed necessary to complete environmental review and the consideration of the application itself, along with the required fee or deposit as established by City Council resolution. The Planning Director shall prescribe the type and form of information required and shall ensure that it is of sufficient detail to allow adequate analysis of each application. A preliminary development review meeting between City staff and the applicant may be conducted prior to filing of the formal application, pursuant to Section 9-2.301(c).

Once an application is received by the Department of Planning Services, the application will be reviewed for completeness and processed pursuant to the timelines established in Section 9-2.301. The application shall be accompanied by the required number of site plan maps, floor plans, elevations, and documentation on site conditions as required by staff to review the proposal.

Projects requiring separate discretionary entitlement, such as rezoning, subdivision maps, variances, use permits, or similar applications, shall also be subject to the procedural requirements of Article 3 Development Review Procedures of Chapter 2 of this title, which may be processed concurrently with the AC review.

The Planning Director may forward the AC application to the Design Review Committee for recommendations on design issues; the Traffic Commission for recommendations on circulation and traffic issues; the Cultural Heritage Commission for recommendations on historical structures, districts or programs; and/or the Park, Recreation and Equestrian Commission for recommendations regarding trail and park issues, prior to scheduling the AC application for public hearing by the Planning Commission.

The reviewing authority for an AC application shall be the Planning Commission, or the City Council on appeal.

Notice of public hearing shall be given pursuant to Section 9-2.302(f).

The proposed use and design of the project comply with all applicable provisions of Title 9 of the San Juan Capistrano Municipal Code and any applicable specific plan or comprehensive development plan;

The proposed use and design of the project is consistent with the goals, policies and objectives of the General Plan, including the Community Design Element;

The site is adequate in size and shape to accommodate all yards, open spaces, setbacks, parking, access, and other features pertaining to the application, except as otherwise approved;

The character, scale and quality of the architecture, site design and landscaping are consistent with the adopted Architectural Design Guidelines of the City;

The site plan provides functional and safe vehicular, bicycle and pedestrian access and circulation;

The proposed use and design of the project are compatible with surrounding existing and proposed land uses and community character, including scale, intensity, massing, architectural design, landscape design, and other development characteristics.

Minor revisions may be reviewed and approved by the Planning Director by administrative approval pursuant to Section 9-2.303

Major revisions such as changes to conditions of approval, expansions, intensification of the use or relocation of structures, shall be processed through an architectural control modification application pursuant to the procedures set forth in this section for a new application.

Applications for zone district changes may be filed with the Department of Planning Services by the property owner(s) or authorized representative, along with payment of the required fee as established by City Council resolution. If the property for which rezoning is proposed is in more than one ownership, all the owners or their authorized agents must join in filing the application. The Planning Director shall prescribe the form of application and the supporting information required to initiate both environmental review (pursuant to Article 2 Environmental Review Procedures of Chapter 2 of this title) and the zone change application review.

If deemed appropriate by the City to expand the boundaries of any proposed zone change, notice shall be given to all property owners within the proposed expansion boundaries.

An application for a zone change may be filed concurrently with any other application(s) on the same property.

The Planning Commission shall hold a public hearing on each application for a zone change. The hearing shall be set and notice given as prescribed in Section 9-2.302(f). The hearing may be continued from time to time. The Planning Commission shall determine whether the proposed zone change is consistent with all of the required findings for approval as set forth in subsection (e) of this section, and, if so, shall provide a written report recommending to the City Council that the zone change be granted, granted in a modified form, or denied.

When the Planning Commission determines, following a public hearing on a proposed zone change, that a change to a zone classification other than the proposed classification specified in the hearing notice is desirable, the commission may recommend an alternate classification, following new notice and public hearing procedures. In making a modified recommendation, the Planning Commission must determine that the recommended alternatives is more appropriate for the subject property and is consistent with the General Plan, applicable Specific Plan or Comprehensive Development Plan, and this Land Use Code.

Upon recommendation of the Planning Commission to approve or deny a proposed zone change, the City Council shall hold a public hearing. The hearing shall be set and notice given as prescribed in Section 9-2.302(f). The hearing may be continued from time to time. Following the closing of the public hearing, the City Council shall make specific findings as to whether the zone change is consistent with the objectives of this Land Use Code and the General Plan. If the City Council makes all of these findings, as contained in subsection (e) of this section, it shall introduce an ordinance amending the Official Zoning Map.

The City Council shall not modify a recommendation of the Planning Commission on a zone change until it has requested and considered a report of the Planning Commission on the modification. Failure of the Planning Commission to report within 40 calendar days after receipt of the Council request shall be deemed to be in concurrence with the modification.

Following the denial of an application for a change in zone, an application for the same or substantially the same change on the same or substantially the same property shall not be filed within one year of the date of denial.

A change in zone shall be indicated on the zoning map, along with a notation listing the number and date of each ordinance amending the zoning map, within the revision block of said map.

The proposed zone change is consistent with the General Plan land use map and applicable goals and policies;

The proposed zone change is consistent with the Land Use Code, including Article 1 General Plan Review and Table 2-1, Zoning Consistency Matrix;

The site of the proposed zone change is suitable for any of the land uses permitted within the proposed zone district;

The uses allowed by the proposed zone change are compatible with existing and planned uses on surrounding properties and the community in general;

The proposed zone change is reasonable and beneficial at this time.

Upon passage of an ordinance establishing the applicable prezoning designation for property outside the City, the Official Zoning Map shall be revised to show the “prezoned” classification to become effective upon annexation.

The Official Zoning Map shall show prezoned areas with the prefix “PZ* of “Pre-Zone” in addition to such other map designation as may be applicable.

Applications for conditional use permits may be filed with the Department of Planning Services by a record owner of the property in question or by the owner’s authorized agent. The Planning Director shall prescribe the form of application and the supporting information required to initiate both environmental review (pursuant to Article 2 Environmental Review Procedures of Chapter 2 of this title) and the CUP application review. A preliminary development review meeting between city staff and the applicant may be conducted prior to filing of the formal application, pursuant to Section 9-2.301(c).

Each applicant for a CUP shall submit information deemed necessary to complete environmental review and the consideration of the application itself, along with the required fee or deposit as established by City Council resolution. The application shall be accompanied by the required number of site plan maps, floor plans, elevations, and other documentation on site conditions as required by staff to review the proposal.

Once an application is received by the Department of Planning Services, the application will be reviewed for completeness and processed pursuant to the timelines established in Section 9-2.301

The Planning Commission may have the authority to approve, deny, or approve with conditions CUP applications at a public hearing noticed pursuant to Section 9-2.302(f). The Planning Director may forward the CUP application to various City boards and commissions for review and recommendation on design, circulation and traffic, cultural resources, recreation or trails, as deemed appropriate by the Director prior to scheduling the CUP for a public hearing by the Planning Commission.

The proposed use and design are consistent with the maps and policies of the General Plan;

The proposed use and design are consistent with the purpose, intent, and standards of the Land Use Code and any applicable specific plan or comprehensive development plan, except as otherwise approved;

The site for the proposed use is adequate in size and shape to accommodate all yards, open spaces, setbacks, walls and fences, parking and loading areas, fire and building code considerations, trash and recycling enclosures, and other features pertaining to the application;

The proposed use and the ongoing operation of the use are compatible with abutting properties and the permitted uses thereof, and will not generate excessive light, noise, vibration, odors, visual blight, traffic, or other disturbances, nuisances, or hazards; and

The site for the proposed use has adequate access and parking to support the use.

Time period for establishment. Conditional use permits, when approved, authorize the establishment and operation of a particular land use at a particular location. As such, the establishment and development of an approved conditional use permit must be diligently pursued. Therefore, the conditional use must be established at the approved location within a time period specified in the CUP approval by the reviewing authority, which shall not exceed two years. Establishment of the use shall be deemed to consist of the satisfaction of all relevant CUP conditions of approval and one of the following three actions: (i) the issuance of a building permit for new construction (if said permit expires, approval of conditional use permit shall become null and void); (ii) the issuance of a certificate of use and occupancy for the establishment of a conditional use in an existing structure; or (iii) the commencement of operation of the conditional use permit in cases where no construction or existing structure is involved (e.g., resource extraction). If the preceding requirements are not met within the time period specified in the CUP approval, the conditional use permit shall be rendered null and void. The Zoning Administrator may extend the time period for meeting the preceding requirements for establishment of the use up to one additional year, after holding a public hearing noticed pursuant to Section 9-2.302(f). Additional conditions may be imposed on a CUP in conjunction with a time extension, provided that such new conditions may only be imposed following a public hearing to receive testimony on the proposed additional conditions.

Change of ownership. Conditional use permit approval shall apply only to the property for which the application was made, and shall apply to that property as long as the use for which approval was granted is in effect, regardless of changes in ownership.

Duration of a conditional use. The reviewing authority may establish a reasonable time period for the duration of a conditional use permit on a site, based on substantial evidence that establishing an expiration date is necessary to protect public health, safety, and welfare and comply with applicable provisions of the General Plan and Land Use Code. Where no expiration date is established by the reviewing authority, the conditional use may continue to operate provided that it is in compliance with all conditions of approval and other applicable Code requirements.

Any use existing on the effective date of this Code or the Official Zoning Map or any amendment thereto that was permitted subject to an approved conditional use permit, shall be deemed a pre-existing conditional use. Such use may continue in accordance with this Code, provided that the use is operated and maintained in compliance with the conditions prescribed at the time of its establishment, if any.

Any expansion, alteration, or reconstruction of a use or building containing a previously approved conditional use which has become nonconforming due to adoption of this Code or any subsequent amendments thereto shall comply with Section 9-3.533 regulating nonconforming uses, until such use is brought into conformance with the Land Use Code.

Any use existing on the effective date of this Code or the Official Zoning Map or amendments thereto which would require approval of a conditional use permit to be established in that zone, but for which such approval has not been obtained, shall be deemed a nonconforming use and regulated by Section 9-3.533, except that the owner may file an application for a conditional use permit to legalize the use along with any proposed expansion, alternation, or reconstructions which comply with the requirements of this Code. Approval of any such CUP application would eliminate the classification of the property as “nonconforming.”

Any conditional use permit granted pursuant to this section, or granted under any prior Land Use Code of the City, may be revoked upon a finding by the Planning Commission that one or more of the following conditions exist:

Any such finding by the Planning Commission shall be made after a public hearing of which the initial applicant (or any successor of record whose address has been furnished) shall be given 10 days of advance written notice by first class mail directed to the applicant’s address of record (or such successor’s address so furnished) as per the files of the Planning Department. Said notice shall contain a notification of the reasons that the revocation is being considered. The finding of the Planning Commission and the determination pursuant thereto, shall be subject to appeal pursuant to Section 9-2.311. Action of the Planning Commission, or the City Council on appeal, shall be by resolution, and shall contain specific findings and actions relative to the revocation.

Notwithstanding the provisions set forth above, the Planning Commission, or the City Council on appeal, may act to modify the conditions of approval, and/or may grant a period of time within which the use may be reactivated, or within which time period noncompliance with conditions may be remedied.

Applications for discretionary use permits may be filed with the Department of Planning Services by a record owner of the property in question or by the owner’s authorized agent. The Planning Director shall prescribe the form of application and the supporting information required to initiate both environmental review (pursuant to Article 2 Environmental Review Procedures of Chapter 2 of this title) and the Discretionary Use Application review. A preliminary development review meeting between city staff and the applicant may be conducted prior to the filing of the formal application, pursuant to Section 9-2.301(c).

Each applicant for a DUP shall submit information deemed necessary to complete environmental review and the consideration of the application itself, along with the required fee or deposit as established by City Council resolution. The application shall be accompanied by the required number of site plan maps, floor plans, elevations, and other documentation on site conditions as required by staff to review the proposal.

Once an application is received by the Department of Planning Services, the application will be reviewed for completeness and processed pursuant to the timelines established in Section 9-2.301

Prior to formal review, the City Council shall review the application pursuant to Section 9-2.301(c). Thereafter, the Design Review Committee shall review and make recommendations to DUP applicants on the design of projects for compliance with the goals and policies of the City’s General Plan Community Design Element and adopted architectural design guidelines and other policies regarding the design of projects that are processed in accordance with Title 9, Chapter 2, Article 2, Section 9-2.313 of this Code. The Transportation Commission shall study and make recommendations to the Planning Commission on matters related to the proposed DUP, including public transportation, traffic regulations and standards for parking, vehicular and public safety in accordance with Title 2, Chapter 2, Article 8, Section 2-2.803. The Planning Commission shall consider the proposed DUP noticed public hearing pursuant to Section 9-2.302(f). The Planning Commission shall adopt a resolution recommending final action on the DUP to the City Council, including findings supporting their recommendation.

The City Council shall consider the proposed DUP at a noticed public hearing pursuant to Section 9-2.302(f). The City Council may approve, deny, or modify the proposed DUP application.

Following the denial of an application for a DUP, an application for the same or substantially same application shall not be accepted within one year of the date of denial, except as initiated by the City Council.

The proposed use and design are consistent with the maps and policies of the General Plan;

The proposed use and design are consistent with the purpose, intent, and standards of the Land Use Code and any applicable specific plan or comprehensive development plan, except as otherwise approved;

The site for the proposed use is adequate in size and shape to accommodate all yards, open spaces, setbacks, walls and fences, parking and loading areas, fire and building code considerations, trash and recycling enclosures, and other features pertaining to the application;

The proposed use and ongoing operation of the use are compatible with abutting properties and the permitted uses thereof, and will not generate excessive light, noise, vibration, odors, visual blight, traffic, or other disturbances, nuisances, or hazards; and

The site for the proposed use has adequate access and parking to support the use.

The proposed use provides sufficient economic value and convenience to the community to justify approval of a discretionary use permit such as community investment, job creation, increase in sales taxes collected, or increase in customer convenience.

Time period for establishment. Discretionary use permits, when approved, authorize the establishment and operation of a particular land use at a particular location. As such, the establishment and development of an approved discretionary use permit must be diligently pursued. Therefore, the discretionary use must be established at the approved location within a time period specified in the DUP approval by the reviewing authority, which shall not exceed two years. Establishment of the use shall be deemed to consist of the satisfaction of all relevant DUP conditions of approval and one of the following four actions: (i) the issuance of a building permit for new construction (if said permit expires, approval of discretionary use permit shall become null and void); (ii) the issuance of a certificate of use and occupancy for the establishment of a discretionary use in an existing structure; (iii) the commencement of operation of the discretionary use permit in cases where no construction or existing structure is involved (e.g., resource extraction); or (iv) the issuance of a grading permit. If the preceding requirements are not met within the time period specified in the DUP approval, the discretionary use permit shall be rendered null and void. The Zoning Administrator may extend the time period for meeting the preceding requirements for establishment of the use up to one additional year, after holding a public hearing noticed pursuant to Section 9-2.302(f). Additional conditions may be imposed on a DUP in conjunction with a time extension, provided that such new conditions may only be imposed following a public hearing to receive testimony on the proposed additional conditions.

Change of ownership. Discretionary use permit approval shall apply only to the property for which the application was made, and shall apply to that property as long as the use for which approval was granted is in effect, regardless of changes in ownership.

Duration of a discretionary use. The reviewing authority may establish a reasonable time period for the duration of a discretionary use permit on a site, based on substantial evidence that establishing an expiration date is necessary to protect public health, safety, and welfare and comply with applicable provisions of the General Plan and Land Use Code. Where no expiration date is established by the reviewing authority, the discretionary use may continue to operate provided that it is in compliance with all conditions of approval and other applicable Code requirements, for a time period of no longer than 30 years.

Any use existing on the effective date of this Code or the Official Zoning Map or any amendment thereto that was permitted subject to an approved discretionary use permit, shall be deemed a pre-existing discretionary use. Such use may continue in accordance with this Code, provided that the use is operated and maintained in compliance with the conditions prescribed at the time of its establishment, if any.

Any expansion, substantial remodel or reconstruction of a use or building containing a previously approved drive-through window which has become nonconforming due to adoption of this Code or any subsequent amendments thereto shall be allowed if it does not expand the aspect of nonconformity or creates a new impact. If a modification of an existing facility results in either an expansion of a nonconformity element or the creation of a new impact, the establishment shall comply with Section 9-3.533 regulating nonconforming uses, until such use is brought into conformance with the Land Use Code. A substantial remodel to pre-existing drive-through facilities consists of any on-site building or property alterations, improvements, and additions requiring a building, grading or demolition permit which have a construction value of 51%, cumulative over a period of 12 months, of the current year assessed improvement value.

Any use existing on the effective date of this Code or the Official Zoning Map or amendments thereto which would require approval of a discretionary use permit to be established in that zone, but for which such approval has not been obtained, shall be deemed a nonconforming use and regulated by Section 9-3.533, except that the owner may file an application for a discretionary use permit to legalize the use along with any proposed expansion, alternation, or reconstructions which comply with the requirements of this Code. Approval of any such DUP application would eliminate the classification of the property as “nonconforming.”

Any discretionary use permit granted pursuant to this section, or granted under any prior Land Use Code of the City, may be revoked upon a finding by the City Council that one or more of the following conditions exist:

Any such finding by the City Council shall be made after a public hearing of which the initial applicant (or any successor of record whose address has been furnished) shall be given 10 days of advance written notice by first class mail directed to the applicant’s address of record (or such successor’s address so furnished). Said notice shall contain a notification of the reasons that the revocation is being considered. The finding of the City Council and the determination pursuant thereto, shall be subject to appeal pursuant to Section 9-2.311. Action of the City Council on appeal, shall be by resolution, and shall contain specific findings and actions relative to the revocation.

Notwithstanding the provisions set forth above, the City Council on appeal, may act to modify the conditions of approval, and/or may grant a period of time within which the use may be reactivated, or within which time period noncompliance with conditions may be remedied.

Interpretation. Rendering determinations on the location of special flood hazard district boundaries using the Flood Insurance Rate Maps and additional studies that provide the best available information on floodplain management;

Land use review. Providing technical assistance and making recommendations to the Department of Planning Services for the administration of floodplain land use permit applications to assure compliance with the submission requirements, locational and site development standards, and land use standards of this title;

Decision making authority. Reviewing and approving grading permits, building permits, and similar development permits upon finding that such permits are consistent with an approved floodplain land use permit authorized by this title and the provisions of Title 8, Chapter 11, Floodplain Management Regulations;

Violations. Determining whether or not any violations of these provisions exist and taking necessary steps to correct any violations as provided by Section 9-1.201, Violations and Penalties, of this title.

A preliminary development review meeting with staff may be held pursuant to Section 9-2.301(c).

Environmental review of the application will be completed pursuant to the California Environmental Quality Act and the City’s CEQA Guidelines.

The application may be forwarded to City committees and commissions for review if determined appropriate by the Planning Director or Floodplain Administrator.

The application may be filed and reviewed concurrently with other applications on the same property.

The Planning Commission shall review any application for a floodplain land use permit at a noticed public hearing, pursuant to Section 9-2.302(f), and shall forward a recommendation to the City Council for final action.

The City Council shall consider the application at a noticed public hearing pursuant to Section 9-2.302(f), and shall take final action to approve, conditionally approve, or deny the application, based on the required findings.

The application complies with all of the location and land use standards for uses or structures as set forth in Section 9-3.405 of this Code.

Approval of the application will not result in a discernible net increase in water surface elevation, will not create or exacerbate erosive velocities within special flood hazard areas, and will not contribute to flooding of other properties not previously inundated by the 100-year storm event.

Development and use of the property as proposed are consistent with General Plan policies regarding flood control, public safety, aesthetics, and resource protection.

The proposed use and development of the property are consistent with all other applicable requirements of the Municipal Code and of the Federal Emergency Management Agency, California Fish and Game Department, United States Army Corps of Engineers, and Regional Water Quality Control Board requirements in effect at the time the application was deemed complete.

The proposed grading modifications are consistent with the General Plan, Land Use Code, Design Guidelines, and applicable specific plan or comprehensive development, including but not limited to requirements for ridgeline protection, natural landform grading, minimizing use and height of retaining walls, and effective use of landscaping for erosion control and aesthetics;

The proposed grading modifications are generally consistent with the approved site plan, preliminary grading plan, landscape plan, grading standards, and design concepts of the original project as approved by the reviewing authority;

The proposed grading will remain consistent and compatible with immediately-adjacent lots or units, including but not limited to blending of slopes with adjacent property boundaries, rounding of slopes at both top and bottom to blend the grading into the existing terrain, and a design which harmonizes the design with the natural contours of the property and surrounding lots;

The proposed modified grading plan shows the location of any proposed building footprints which shall meet all required minimum setbacks for building as defined in the applicable zone district, and minimum setbacks from the tops and toes of slopes as defined by Section 9-4.313, Graded Slopes, of this title;

The proposed modified grading will not cause adverse impacts to other properties, including but not limited to potential impacts on hydrology, water quality, views, trail easements, or other aspects of development.

Small projects. Projects containing 12 or fewer residential lots or dwelling units. The grouping of contiguous parcels to develop a series of projects of 12 units or less shall be construed as an attempt to subvert the purpose of this section. Such grouped or contiguous projects shall not be exempt from the requirements of this section and

Large lot projects. Projects of single-family dwellings wherein no residential lot is less than two and one-half (2 1/2) acres in size.

Custom homes. In accordance with the findings set forth in subsection (e)(1) of this section, custom houses in projects subject to growth management requirements shall be eligible for the issuance of building permits as follows:

Eligibility requirements for growth management phasing programs. A planned community encompassing 400 plus acres and a minimum of 400 residential dwelling units may provide for a separate growth management phasing program for the issuance of building permits subject to the inclusion of the following elements within the comprehensive development plan of the planned community:

Affordable housing. All residential projects that are consistent with the provisions of Section 9-3.505, Affordable Housing Requirements, of this title and provide affordability agreements consistent with Section 9-3.505, Affordable Housing Requirements, are hereby exempt from the provisions of this section. The processing of such affordable residential projects shall be subject to all other provisions of this title.

Setting—Criteria. Each year, after considering the economic, environmental, and other studies relevant to the growth management program, the City Council shall determine the maximum number of dwelling units to be issued building permits, consistent with the purpose and intent of this section as set forth in subsection (a) of this section. The numerical limits shall be set in accordance with the procedures set forth in subsection (e)(2) of this section. The numerical limits shall be expressed as the total number of dwelling units, for projects not exempted by subsection (d) of this section, which may be permitted in a specified calendar year. The numerical limits shall provide for residential growth with the land area of the City of not more than 400 units per year for nonexempt projects.

Setting—Procedure. In January of each year, the City Council shall adopt a resolution setting the numerical limits for each of the three subsequent calendar years. The consideration and adoption of the numerical limits shall be done at a duly noticed public hearing. The resolution shall set forth the factual findings supporting the determination of the numerical limits.

The numerical limits adopted in January shall cover the succeeding three years. For example, in January of 2001, the numerical limits for 2002 and 2003 may be adjusted, if necessary, and new numerical limits set for 2004. The City Council may adjust the numerical limits previously set for 2002 and 2003 if it determines by factual findings that such adjustments are necessary to support the purpose set forth in subsection (a) of this section. However, in no case shall the City Council reduce previously set numerical limits for a calendar year at a level lower than the total number of dwelling units already allocated for construction in such calendar year. Thus, no previously granted yearly dwelling unit allocation for a project may be reduced as a result of an adjustment to the numerical limits for such year.

Effect of growth due to annexations. The numerical limits are intended to place a ceiling on the number of dwelling units which may be constructed each year within the land area within the City. The numerical limits are not intended to include dwelling unit allocations for residential growth on new land annexed to the City. Therefore, such annexed projects shall be considered separately with respect to the growth management requirements of this section. The following provisions shall apply to projects for land annexed to the City.

Required. In addition to the provisions of the Land Use Code, the procedures set forth in this section shall be used in processing residential development projects.

Application review. Applications for growth management review may be filed with the Department of Planning Services. The Planning Director shall prescribe the form of application and the supporting information required to initiate the growth management review. Once an application is received by the Department of Planning Services, the application will be reviewed for completeness. If the Department of Planning Services finds the application to be complete, then the application shall be processed in accordance to the procedure depicted in Figure 2-11. If the application is found to be incomplete, the Department of Planning Services will notify the applicant in writing within 30 days what additional information is required, and the application will not be processed until that information is received by the Department of Planning Services.

Project reviews and point ratings. The Environmental Administrator, Planning Commission, and City Council shall assign point ratings to projects based on the criteria listed in subsections (A) and (B) of this subsection. The completed project rating scale, including the maximum points allowed for each criterion shall be adopted by the City Council by resolution prior to March 1 of each year.

City Council approval. Approval by the City Council of development applications shall not be construed that the project will receive yearly unit allocations upon the adoption of the residential allocation schedule described in subsection (5)(B) of this subsection. However, approval shall qualify a project to be considered for unit allocations.

Allocation of dwelling units.

Final maps and building permits. Following tentative map approval and adoption of the residential allocation schedule, the final maps and building permits shall be processed in accordance with the Land Use Code and other applicable regulations.

Adjustments to the residential allocation schedule. The City Council may make adjustments to the residential allocation schedule following its adoption as set forth in subsection (5) of this subsection if the City Council determines that such adjustments are necessary to serve the purpose of this section as set forth in subsection (a) of this section. Considerations of adjustments to the residential allocation schedule shall be done at a duly noticed public hearing and may include developer requests for modifications of permit allocations, unused allocations (dwelling unit permits allocated but not issued), and other factors bearing on the objectives of the growth management program as set forth in subsection (a) of this section. After receiving testimony and considering all other relevant information, the City Council may make any necessary adjustment to the residential allocation schedule. However, no residential allocation schedule adjustment shall be made which has the effect of reducing or eliminating any allocation previously granted to a project pursuant to the provisions of this section without the consent of the project sponsor.

Issuance of building permits. Except as otherwise provided in this section, no building permit shall be issued for a residential dwelling unit unless:

Extensions of time for tentative tracts. The City shall approve all aspects for tentative tract time extensions if the City determines that such extensions are necessary to implement the allocations previously granted to such tracts in an adopted residential allocation schedule.

Protect, enhance, and perpetuate structures, sites, objects, and districts that represent or reflect elements of the City’s cultural, social, economic, political, and architectural history;

Safeguard the City’s historic and cultural heritage as embodied and reflected in such landmarks and historic districts;

Encourage public knowledge, understanding and appreciation of the City’s past;

Protect and enhance the City’s attractions to residents, tourists, and visitors; and

Promote the use of historic districts and landmarks for the education, pleasure, and welfare of the people of the City.

It shall be unlawful for any person to demolish, remove, relocate, renovate, modify, or otherwise alter any structure, site, or object, including trees and other vegetation, listed individually or as part of a district in the Inventory of Historical and Cultural Landmarks (IHCL), as adopted and amended from time to time by City Council resolution, without obtaining prior City approval for such action pursuant to this section. For purposes of this section, “landmark” shall mean any location or object listed on the IHCL.

Minor alterations to landmarks. Any action pertaining to a landmark that qualifies for Administrative Approval pursuant to Section 9-2.303(a)(17) may be approved administratively pursuant to the procedures set forth in that section, provided that such approval shall be based on finding that the proposed action is consistent with the Secretary of the Interior’s Standards for Treatment of Historic Properties, in addition to other required findings.

Major modifications, alterations, or other actions pertaining to landmarks that do not qualify for administrative approval shall require approval of a historical and cultural landmark site plan review pursuant to this section.

Applications for historical and cultural landmark site plan review shall be filed with the Department of Planning Services along with the required fee or deposit as established by City Council resolution. The Planning Director shall prescribe the form of application and the supporting information required to initiate the site plan application review. Once an application is received by the Department of Planning Services, the application will be reviewed for completeness and processed pursuant to the timelines established in Section 9-2.301

A preliminary development review meeting between City staff and the applicant may be conducted prior to filing of the formal application, pursuant to Section 9-2.301(c).

An application for site plan review may be submitted and reviewed concurrently with other applications required for proposed development on the site.

The Planning Director may forward the site plan review application to various city boards and commissions for review of technical aspects of the project prior to scheduling the project for a public hearing.

The reviewing authority for a site plan review application shall be the Cultural Heritage Commission, at a public hearing with notice given pursuant to Section 9-2.302(f). Decisions of the Cultural Heritage Commission may be appealed to the Planning Commission and ultimately to the City Council pursuant to Section 9-2.311, Appeals.

The project complies with the maps and policies of the General Plan.

The project complies with applicable provisions of the Land Use Code and with any applicable specific plan or comprehensive development plan.

All aspects of the proposed site design, including building orientation and placement, massing, access, parking, colors, materials, paving, lighting, signage, and landscaping, are compatible with the historic nature of the site, surrounding district and/or historic period represented by the landmark.

The project has been designed in conformance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995, Weeks and Grimmer).

Any person who files an application with the City for a General Plan amendment or for a rezoning of land type or density, or for approval of a tentative tract map, conditional use permit, or any other application for the purpose of converting a mobilehome park to a condominium, stock cooperative, or any other form of ownership wherein mobilehome spaces within the park are to be sold for residential use, or to change to another use, close a mobilehome park, or cease to use land as a mobilehome park, shall concurrently file with the City a mobilehome relocation impact report that complies with this section. The purpose of the report is to address the impact of the conversion, closure, or cessation of use upon displaced residents of the mobilehome park. No such application shall be considered or approved unless and until such relocation impact report is filed and approved in accordance with this section.

The City shall select a consultant to perform the relocation impact report within 90 days of a written request from the applicant. The applicant shall be noticed in writing of the estimated cost of the relocation impact report and shall deposit that sum with the Planning Services Department prior to commencement of any work on the relocation impact report. The City will then contract with a consultant for the preparation of the relocation impact report. Once an application is filed, the residents of the mobilehome park shall be notified by the City that an application has been filed and preparation of the relocation impact report will begin. The relocation impact report shall contain, but need not be limited to, the following information:

At least 30 days prior to a hearing by the Planning Commission on the application(s) pursuant to subsection (b) of this section, the Planning Department shall inform the applicant in writing of the provisions of Section 798.56 of the Civil Code and all applicable local requirements which impose upon the applicant a duty to notify residents and mobilehome owners in the mobilehome park of the proposed change in use.

Not less than 30 days prior to a scheduled hearing before the Planning Commission, the park owner shall transmit to the owner or occupant of each mobilehome occupying a site within the mobilehome park and to all of the persons described in subsection (c)(2)(C) of this section, a copy of the relocation impact report, a copy of this section, and notices of the dates, times, and places of the public hearings and the informational meetings to be held pursuant to subsection (3) below. The copies provided shall be free of charge. Proof of service by mail or personal service of distribution of the impact report to each resident must be filed by the applicant with the Planning Director two days prior to the hearing and the proof of service shall be signed under penalty of perjury.

Not later than 14 days prior to the scheduled public hearing before the Planning Commission, the park owner shall conduct not less than one informational meeting for the residents of the mobilehome park regarding the status of the application for change of use and/or closure, the timing of the proposed relocation of residents, and the nature of the relocation benefits the park owner proposes to make available to be considered by the Planning Commission and City Council as set forth in subsection (f) of this section. The meeting shall be conducted on the premises of the mobilehome park or other suitable location as determined by the City. The housing specialist(s) designated in the relocation impact report shall be present at such meeting. Not less than five days prior to the scheduled public hearing before the Planning Commission, the applicant shall file with the Planning Director a statement made under penalty of perjury that the applicant has complied with the requirements of this subsection. Such statement shall state the date, time, and place where such meeting or meetings were conducted.

Whether there will exist, at the time of conversion, closure, or cessation of use, available mobilehome lots within a 50 mile radius from the City to accommodate the mobilehomes to be displaced;

Whether the age, type, condition, and style of mobilehomes within the park proposed for conversion, closure, or cessation of use are such that the mobilehomes are able to be moved and accepted into other parks within a 50 mile radius from the City;

Whether the resident cannot relocate to a comparable mobilehome park within a 50 mile radius from the City and justification for that conclusion;

Whether there is evidence that the applicant or mobilehome park owner(s) have attempted to evict or otherwise cause the removal of residents for the purpose of avoiding or reducing payment of relocation assistance;

Whether reports and notices required by law have been properly prepared and properly served;

If the proposed conversion is to another residential use, whether the residents of the mobilehome park will have an opportunity to purchase, if for sale, or rent the new units, and whether the construction schedule will result in unreasonable long-term displacements;

Whether the relocation assistance benefits to be provided adequately mitigate any adverse impacts to the residents based on subsection (f) of this section;

Based upon the mitigation measures imposed, if any, whether the proposed conversion is consistent with the goals, policies, and objectives of the City’s General Plan, any applicable Specific Plans, and/or zoning ordinances; and

Based upon the mitigation measures imposed, if any, whether the proposed conversion will be detrimental to the public heath, safety, and general welfare.

Payment of relocation assistance to each resident who resided in the park at the time of, or subsequent to, the filing of the relocation impact report and who was actually displaced as a result of an approved relocation plan.

Payment of the cost of relocating the mobilehomes identified in subsection (c)(2)(J) above to available lots in mobilehome parks within the study area. The cost of relocating shall include the costs of physically moving the mobilehome and movable improvements such as patios, carports, and porches, to a new site (i.e., dismantling, packing, moving, reassembling, rebuilding, including skirting and tiedowns, and unpacking, as necessary; and packing, moving, and unpacking all personal property).

Payment of a lump sum to compensate for payment of the first and last month’s rent and any security deposit at the new mobilehome park.

Payment of a lump sum to compensate for any differential between rental rates at the closing mobilehome park and the new mobilehome park during the first year of the new tenancy.

For residents, the costs may include all reasonable expenses incurred in moving to a new location of their choice, up to a maximum distance of 50 miles.

For homeowners who are unable to reasonably relocate their mobilehome, payment of fair market value for their mobilehome based on information contained in the approved relocation impact report.

If the park is to be converted to another residential use, setting aside a certain number of affordable units for the residents of the park, either on-site or off-site within the City limits, pursuant to the provisions of Section 9-3.505, Affordable Housing Requirements; or providing payment of housing in-lieu fees pursuant to the provisions of Section 9-5.103, Housing In-Lieu Fee.

In order to facilitate a proposed conversion, closure, or cessation of use of a mobilehome park, the residents and applicant may agree to mutually satisfactory conditions. Such an agreement shall be in writing, shall include a provision stating that the resident is aware of the provisions of this section, shall include a copy of this section as an attachment, shall include a provision in at least 12-point type which clearly informs the resident of the right to seek advice of an attorney prior to signing the agreement with regard to the resident’s rights under such agreement, and shall be drafted in the form and content otherwise required by applicable state law.

When processed in conjunction with a change of use, the applicant may be required to enter into an agreement with the City to implement the terms of the approval of the closure plan.

After the date of approval of the relocation impact report, the applicant shall undertake, or be responsible for performance, of the following obligations:

If relocation assistance has not been provided to all eligible homeowners and tenants in accordance with this section within three years of the original date of approval, a new study shall be prepared in accordance with this section.

Each year on the anniversary date of the approval of the original relocation impact report, the relocation provided for by the City Council shall be increased by an amount equivalent to the cost-of-living index for the Los Angeles/Riverside/Orange County area published by the U.S. Department of Labor. The increase shall be determined by taking the average CPI for the quarterly period closest to the anniversary date of approval.

No building permit shall be issued for development unless and until the applicant files a statement with the Planning Director, made under the penalty of perjury, that relocation assistance payments pursuant to this section have been paid.

For purposes of this section, a major capital improvement project shall mean a project that is determined by the Planning Director, in consultation with other affected department heads, to require review by one or more committees and/or commissions and the Planning Commission prior to approval by the City Council of design and/or construction documents, based on the project’s potential to have environmental, aesthetic, and/or land use effects on the community.

Typical examples of major capital improvement projects include but are not limited to the following:

Review procedure for major capital improvement projects.

For purposes of this section, a minor capital improvement project shall mean a project that may be reviewed and approved administratively, based on a determination by the Planning Director, in consultation with other affected department heads, that the project has been designed and conditioned so as to result in minimal effects on the environment or community, including the visual or aesthetic environment.

Typical examples of minor capital improvement projects include, but are not limited to the following: alterations to existing facilities resulting in exterior design changes; roadway or trail improvements or extensions within existing rights-of-way with minor changes to landscaping, lighting, fencing, walls, or other design features; replacement or renovation of damaged facilities or structures resulting in exterior design changes; small additions to existing structures resulting in exterior design changes; individual signs; and construction or demolition of small structures resulting in site or building design changes.

Review process for minor capital improvement projects.

A sign permit shall be required for all signs not specifically exempt in Section 9-3.543(f), Signs not requiring a permit, prior to the placing, erecting, moving, reconstructing, altering, or displaying of any sign, including painted wall signs, within the City.

A sign program may be required in order to create a compatible design theme for all signs within a development project, shopping center, or business complex. The intent of a sign program is to create a visually pleasing method of providing compatible and complementary signs throughout the project site; to inform users and tenants of desired sign characteristics; to minimize visual clutter; and to unify the appearance of the development site so as to create a distinctive sense of place. Sign programs shall be compatible with surrounding areas and consistent with the City’s adopted Architectural Design Guidelines.

Reviewing authority. Unless otherwise required in Table 3-42 of Section 9-3.543 (Signs), the Planning Director or designee is the reviewing authority for sign permit applications, including applications to construct or erect a new sign, or to enlarge or upgrade an existing sign; provided that in cases where the Planning Director determines that the design or location of a proposed sign warrants review by the Planning Commission, the Planning Director may refer such sign application to the Design Review Committee and/or Planning Commission for review and action.

Review of sign permit application. Applications for a sign permit may be filed with the Department of Planning Services along with a fee as established by City Council resolution. The Planning Director shall prescribe the form of application and the supporting information required to initiate the sign permit application review. Once an application is received by the Department of Planning Services, the application will be reviewed for completeness and processed in accordance with the timelines established in Section 9-2.301

Findings required for approval. In approving a sign permit application, the Department of Planning Services shall make the following findings:

Denial of a sign permit. In the event that the Planning Director or designee denies a sign permit application, a written statement shall be provided to the applicant stating the reasons for the denial.

Appeals. Any determination on a sign permit may be appealed in accordance with Section 9-2.311, Appeals.

Other applicable permits. No sign shall be erected until required building and other permits are issued in accordance with Title 8 and Section 9-3.543, Signs, of the Municipal Code. Signs shall be consistent with the City’s General Plan and compatible with the surrounding community character.

Time period for approval. Sign permits shall be valid for a period of one year from the date of approval. No extensions of time may be granted for sign permits. Upon expiration of a sign permit, submittal of a new sign permit application shall be required.

Reviewing authority. The Planning Commission shall review all applications for sign programs at a public meeting with notice provided pursuant to Section 9-2.302(g).

Contents of sign program. A sign program shall include but not be limited to the following information:

In approving a sign permit and/or sign program, the Planning Commission shall make the following findings:

Appeals. Any decision made by the Planning Commission on a sign program may be appealed to the City Council pursuant to the procedures in Section 9-2.311, Appeals.

Time period for approval. The Planning Commission may approve a sign program for an initial period of time not to exceed 10 years, or may approve a lesser time period at its discretion. Requests for time extensions shall be submitted to the Planning Commission for review and approval, provided that the cumulative period of any such extension(s) shall not exceed a period of 10 years from the initial approval date of the sign program. The applicant or successor in interest may initiate amendments to the approved sign program, which shall require Planning Commission review and approval. Copies of approved sign programs shall be maintained on file by the Department of Planning Services and used as a basis for review of subsequent sign permits, where applicable.

The temporary use is consistent with the General Plan, the zoning district, and any applicable specific plan or comprehensive development plan.

Appropriate measures have been taken and conditions of approval have been added to protect the public health, safety, and welfare and to minimize detrimental effects on other properties.

The temporary use will have adequate parking, access, and provisions for pedestrian safety.

All temporary buildings and equipment meet applicable code requirements.

Adequate provision has been made to ensure removal of the temporary use at the termination of the approval period, and restoration of the site to its prior condition or better.

That the City continue to realize the benefits provided by its urban forest, including shade and microclimate control, soil stabilization and protection, watershed protection, maintenance of healthy air quality, preservation of scenic views, aesthetics and community character, maintenance of habitat for birds and other wildlife, and protection and enhancement of property values among other such benefits;

That suitable trees are maintained throughout the City, in a healthy and nonhazardous condition;

That heritage trees are identified and preserved;

That the use of native, drought resistant and California-friendly trees on public land private property is encouraged;

That a functional and manageable process for permitting tree removal is provided for properties where such removal is necessary or will not adversely impact adjacent properties or community character; and

That new tree planting is required or encouraged where appropriate on public and private property, in order to create and maintain a healthy urban forest of native and California-friendly trees, consistent with the natural environment and rural character of San Juan Capistrano.

Threat to public health, safety, or property. In the event of a situation wherein a tree is causing a threat to human life, safety, or property, the Planning Director or designee may authorize the removal of such tree without issuance of a tree removal permit provided a written opinion is provided by a qualified tree expert that the subject tree is a threat to public health, safety, or property. In cases of immediate hazard, such removal may be authorized by other agents of the City, including directors of the City departments of Planning, Engineering and Building, or Public Works. In cases where the Orange County Fire Authority has determined that a tree is dead and is a threat or hazard, the Planning Director or designee may authorize the removal of such tree without issuance of a tree removal permit. This exemption also includes tree removal by a utility company within a utility easement in cases where a qualified tree expert has determined, in writing, that such tree(s) are a hazard to utility lines or facilities. For purposes of this section, a qualified tree expert shall mean a California-registered professional forester or an arborist certified by the Western Chapter of the International Society of Arboriculture (ISA), the California Arborist Association (CAA), or other nationally recognized tree research, car and preservation organization approved by the Director.

Orchards. Removal of trees which are growing on property in use as a nursery, garden center, tree farm, or orchard, where such trees, or their produce, are being grown for the purposes of sale, does not require issuance of a tree removal permit.

Dead, diseased, structurally unsound, or unstable trees. In the event that a tree is determined by a qualified tree expert to be unviable because it is dead or dying, diseased, infested, structurally unsound, unstable, overcrowded, or exhibits other characteristics which, in the opinion of the qualified tree expert cause a need for tree removal, the Planning Director or designee may authorize the removal of such tree without issuance of a tree removal permit.

Single-family residential lot. Except for heritage trees and trees located within front yard setbacks or any setback adjacent to a public right-of-way or public trail easement, trees that are located within the yard areas of a single-family residential lot may be removed without issuance of a tree removal permit.

Trees with trunk diameter less than six inches measured three feet above grade.

Trees that are invasive and/or inappropriate for the area as determined by the Planning Director provided such trees are replaced with native trees.

New development projects. Tree removals associated with a development project that is subject to other discretionary land use approvals, such as an architectural control or subdivision, may be permitted in conjunction with the other discretionary approvals by the reviewing authority for those approvals, subject to the reviewing authority making the required findings in subsection (e) and adding conditions of approval for replacement trees and landscaping in accordance with the intent of this section and as deemed appropriate by the reviewing authority.

Utility easements. Tree removal proposed by utility companies for trees within utility easements shall require issuance of a tree removal permit, except in cases where a qualified tree expert has determined, in writing, that such tree(s) are a hazard to utility lines or facilities. Nothing in this section shall be construed to prevent utility companies from trimming trees, or otherwise maintaining the landscape within an easement for the purpose of preventing damage to utility lines or facilities.

Common landscaped areas. With the exception of non-heritage trees that are located more than 50 feet from any adjoining public right-of-way, public trail or private street, tree removal within common landscaped areas of residential projects for the purpose of landscape maintenance, such as by a homeowner’s association or other entity having responsibility for property maintenance, shall require issuance of a tree removal permit.

Nonresidential projects. Tree removal on nonresidential projects for the purpose of landscape maintenance, including commercial centers and business parks, shall require issuance of a tree removal permit.

City facilities and right-of-way. Tree removal by the City in the public right-of-way, parkways, parks, or other City facilities shall conform to the applicable provisions of this section regarding replanting requirements, acceptable species, and review by a qualified tree expert where required by the Planning Director to determine the viability of trees proposed for removal. Any proposal by the City to remove a heritage tree shall require Planning Commission approval pursuant to subsection (f) of this section.

Individual residential lots. Tree removal on individual residential lots for any tree within the front or street side yard setback, or any required setback adjacent to a public or private right-of-way or trail easement, shall require issuance of a tree removal permit.

Removal of any heritage tree, or any construction, grading, trenching, or other disturbance within the critical root zone of a heritage tree, shall require a tree removal permit in addition to compliance with the requirements of subsection (f) of this section.

Application filing.

The Planning Director may require notice of intended tree removal to Homeowner’s Associations and affected property owners located adjacent to the subject property, pursuant to Section 9-2.302(h).

The Planning Director may refer any tree removal permit application to the Design Review Committee for review of the proposed tree removal, proposed replacement tree(s), and associated landscaping.

Except for heritage tree removal permits, the Planning Director or designee may approve a tree removal permit administratively, and may add conditions of approval to ensure conformance with applicable provisions of this Code. Alternatively, the Planning Director may refer a tree removal permit to the Planning Commission based on a determination that the proposed tree removal may affect other property owners or the general public due to the size, number, type, or location of trees proposed to be removed. The Planning Commission shall review any request to remove a heritage tree.

Time period for approval. After approval, a tree removal permit shall be valid for six months from the date of approval, except as otherwise specified by the reviewing authority in the tree removal permit. Within this time period, all conditions shall be completed, tree(s) removed, and replacement tree(s) planted.

The City may conduct a reinspection or may request written or photographic verification that conditions of approval for the tree removal permit have been complied with, and that any required tree replanting has occurred.

The tree proposed for removal is unsuitable to the planting area in that the area is too small to accommodate the height, diameter of trunk or canopy, or root zone of the tree, or excessive trees exist on the site requiring thinning to maintain tree health;

The tree is an unsuitable variety for the site in that the species is not a native variety, is not in keeping with the community character of San Juan Capistrano, is of an invasive species, or otherwise conflicts with the intent of this section;

Removal of the tree will not have an adverse impact on adjacent properties or the general welfare in that its removal will not adversely impact views, public streetscapes, or other aesthetic considerations;

Where appropriate, replacement trees have been proposed to maintain the urban forest canopy and the replacement trees are more appropriate to the site and to the planting area.

For the purposes of this section, a tree shall be deemed a heritage tree and shall be protected from removal when such tree has a trunk diameter at breast height (dbh) of 36 inches or greater, and is a specimen of the following species: Schinus molle (California pepper); Quercus spp. (oak); Cedar spp. (cedar); Eucalyptus globulus (blue gum eucalyptus); Juglans spp. (walnut); Olea europaea (olive); Platanus spp. (sycamore); Populus spp. (cottonwood); or as otherwise designated by the Planning Commission based on the tree’s unique and intrinsic value to the community because of its size, age, historic association or ecological value.

Unless determined to be exempt from a tree removal permit by the Director pursuant to subsection (b), heritage trees shall not be removed without Planning Commission review and approval of a heritage tree removal permit, based on an affirmative finding that one or more of the following criteria are met as substantiated by evidence in the record:

In approving a heritage tree removal permit, the Planning Commission may add conditions of approval to ensure conformance with applicable provisions of this Code.

Any proposal for construction, utility installation, paving, street improvements, or any other ground-disturbing activity within the drip line or critical root zone of a heritage tree shall require administrative approval by the Planning Director pursuant to Section 9-2.303(a)(4) prior to issuance of permits, to ensure that such work will not adversely impact the health of the heritage tree. The Planning Director may require a report prepared by a qualified tree expert to document that such work will not adversely impact the tree. The Planning Director may forward the application to the Planning Commission for review.

Any person, property owner, firm or corporation, including a contractor of the property owner, who violates any provision of this section, shall be guilty of a misdemeanor. The City Attorney shall have the authority to prosecute any violation of this section as an infraction, in the interests of justice. Each unauthorized removal of a tree shall constitute a separate offense and shall be subject to the following penalties.

In addition to the criminal remedies provided in subsection (i)(1) of this section, the following remedies may be imposed:

Notwithstanding anything to the contrary contained in this section, the negligent clearing of trees shall be punishable as an infraction. For purposes of this section, negligent clearing shall mean any act or omission, including excessive cutting or topping of the tree canopy, and the inadvertent cutting or removal of all or a substantial part of a tree or other vegetation within the critical root zone, that negligently causes the tree to decline in health and/or die, a lack of water or proper care, and other acts of negligence that result in the decline in health or death of a tree.

Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of or failure to comply with any provision of this section is committed, continued, or permitted by such person, and shall be punishable accordingly.

In any civil, criminal or administrative action or proceeding commenced by the City to abate a nuisance, to enjoin a violation of any provision of this section, or to collect a civil penalty imposed by this section, the City shall, if it is the prevailing party, be entitled to recover from the defendant in any such action reasonable attorneys’ fees and costs of suit.

Nothing in this section shall prevent the City from taking other such lawful action as is necessary to prevent or remedy any violation(s).

Minor exception for up to 10% of standard. Any deviation of a numerical standard contained in this Land Use Code (Chapters 1 through 5, Title 9) of 10% or less of the maximum or minimum standard may be granted, except as otherwise provided in this section.

Fence height minor exception. Excepting within any front yard setback area, the maximum height of any fence, wall, hedge, or equivalent screening may be increased by a maximum of 20%, where topography or a difference in grade between abutting sites warrants such increase in height to maintain a level of privacy, or to maintain effectiveness of screening, or to provide additional security when warranted, provided that the increased height does not encroach into the vehicle sight distance or otherwise impede visibility of motorists.

Setback minor exception. The required side or rear yard setback may be decreased by not more than 15% where the proposed setback area or yard is in character with the surrounding neighborhood and is not required as an essential open space or recreational amenity to the use of the site, and where such decrease will not adversely affect adjacent properties.

On-site parking minor exception. A maximum of 15% in the reduction of on-site parking spaces may be granted to allow use of parking off-site or through a joint parking agreement, provided that the reduction will not result in an adverse impact on parking availability or traffic congestion.

Variance requests shall be reviewed by the Zoning Administrator at a public hearing noticed pursuant to Section 9-2.302(f), except that if a variance application is filed concurrently with another application on the same site for the same development project that requires review by the Planning Commission, then the Planning Commission shall be the reviewing authority for such application in conjunction with the other pending application(s).

The Planning Director or designee shall be the reviewing authority for minor exceptions, with notice is given to contiguous property owners prior to the decision date pursuant to Section 9-2.302(h).

There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, such that the strict application of this Code would deprive such property of privileges enjoyed by other properties in the vicinity and under identical zoning classification.

Granting of the variance or minor exception will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone district in which such property is situated.

Granting of the variance or minor exception will not result in development which is otherwise inconsistent with the provisions of the Land Use Code or the General Plan.

Granting the variance or minor exception will not be materially detrimental to the public health, safety, or welfare, or injurious to the properties or improvements in the vicinity and land use district in which the property is located.

Vibration. The generation of vibration of a duration and intensity so as to be excessive, disturbing, or objectionable to persons of ordinary sensibility located offsite, shall not be permitted.

Temperature. No operation or activity shall emit heat or cold which would cause a temperature increase or decrease on any adjacent property in excess of 10 degrees Fahrenheit, whether the change is in the air, on the ground, or in any structure.

Illumination. No operation, activity, sign, or lighting fixture shall create illumination on adjacent property that exceeds one foot-candle, whether the illumination is direct or indirect light from the source.

Odor. No operation or activity shall be permitted to emit odorous gases or other odorous matter in such quantities as to be dangerous, injurious, noxious, or otherwise objectionable, which is detectable, with or without the aid of instruments, at or beyond the property line.

Electronic disturbance. No operation or activity shall cause any source of electrical or electronic disturbance that adversely affects persons or the operation of any equipment on any other lot or that is not in conformance with the regulations of the Federal Communications Commission.

Air pollution. No operation or activity shall cause the emission of any smoke, fly ash, dust, fumes, vapors, gases, or other forms of air pollution which can cause damage to health, animals, vegetation, or other forms of property, or which can cause excessive soiling on any other lot. No emission shall be permitted which exceeds the requirements of the South Coast Air Quality Management District.

Flammable and explosive material. Any operation or activity involving the storage of flammable or explosive materials shall be provided with adequate safety devices against the hazard of fire or explosion, and adequate fire fighting and fire suppression equipment and devices in accordance with the requirements of the Orange County Fire Authority. Burning of waste materials in an open fire is prohibited.

Radioactive materials. No operation or activities shall be permitted which result at any time in the release or emission of any fissionable or radioactive materials into the atmosphere, the ground, or sewer system.

Runoff and water quality. No operation or action shall discharge at any point into any public or private street, public or private sewer, stream, body of water, or into the ground, any materials of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment, or otherwise cause the emission of dangerous or offensive elements, except in accordance with applicable standards approved by governmental agencies having jurisdiction. All grading, grubbing, clearing, soil disturbance, and/or construction operations shall comply with the erosion control and best management practices of the City’s current permit for the National Pollution Discharge Elimination System (NPDES), as it may be amended from time to time.

Noise. Generation of any noise not in conformance with applicable noise provisions of the Municipal Code, including Sections 5-21.04(c), 5-30.01, and 9-3.531 of this title.