Santa Clarita City Zoning Code
Division 1
GENERAL PROCEDURES
§ 17.01.010 Title.
Title 17 of the City Municipal Code shall be known and cited as "Title 17," the "Zoning Code," the "zoning ordinance," or "this title." When the term "this code" or the "Development Code" is used, the term shall include both Title 16 and this title, which together shall comprise the Unified Development Code. Whenever reference is made to any portion of the code set out in Title 16 and/or this title, or of any other law or ordinance, the reference applies to all amendments and additions hereafter made to this code.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.01.020 Purpose.
The purpose of this code is to define the duties and powers of the discretionary and administrative bodies responsible for implementation of this code and to implement the General Plan, implement the Municipal Code, and promote the public health, safety, and general welfare. Nothing in this code shall supersede any other section or requirement of the Municipal Code.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.01.030 Consistency with the General Plan.
Any permit or approval issued pursuant to this code must be consistent with the General Plan. In the event of inconsistency of this title with the goals, policies, and objectives of the adopted General Plan and its elements, the General Plan goals, policies, and objectives shall govern.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.01.040 Applicability of Zoning Regulations.
A.
Applicability. This code shall apply to all property within the City of Santa Clarita, including all uses, structures and land owned by any private person, firm, corporation or organization, or the County or other local, State, or Federal agencies. Governmental and quasi-government agencies may be exempt from portions of this code per the State Government Code.
B.
Compliance with Regulations. No land shall be used, and no structure shall be constructed, occupied, enlarged, altered, or moved unless it is in accordance with the provisions of this code. No permit or entitlement may be issued or renewed for any use, construction, improvement, or other purpose unless specifically provided for, or permitted by, this code. No person shall use, or permit to be used, any structure, or land, nor shall any person erect, structurally alter, or enlarge any structure, or advertise on any structure, except in accordance with the provisions of this code.
C.
Provisions Interpreted as Minimum Requirements. In interpreting and applying the provisions of this code, the provisions shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.01.050 Administration of Use Classifications.
A.
Primary Use. In determining compliance with the provisions of this code as it applies to the uses listed in the various zones, each primary use shall be considered a separate use, provided:
1.
The accessory uses and structures shall be deemed an integral part of each primary use; and
2.
That more than one (1) primary use may be placed on a single lot where not in conflict with other provisions of this code.
B.
Accessory Use. The Director shall determine whether a use or structure may be considered accessory pursuant to the definitions contained in this code, in compliance with Chapter 17.04 (Interpretations).
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.01.060 Application Where Violation Exists.
With the exception of uses in conformance with Chapter 17.05 (Legal Nonconforming Uses, Lots and Structures), no application for any permit required pursuant to this code shall be accepted for processing where an unauthorized land use and/or structure is operating in violation of this code.
The Director may determine that the use in question is consistent with the objectives, goals and policies of the General Plan, or that the continuation of the use is essential or desirable to the public convenience or welfare, and that this provision shall not apply.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.01.070 Severability.
If any portion of this code is held invalid or unconstitutional by the decision of any court, such decision shall not affect the validity of the remainder of this code.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.01.080 Repeal of Conflicting Development Codes.
Whenever the provisions of this code are more restrictive upon construction or use of buildings or structures or upon the use of lands or premises than required by other previously adopted development codes, the provisions, regulations, and rules of this development code shall govern.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.01.090 Private Agreements.
The provisions of this code are not intended to abrogate any easements, covenants, conditions and restrictions, or other existing agreements which are more restrictive than the provisions of this code.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.01.100 Condition of Approval.
As a condition of the approval of an application, the applicant shall agree to reimburse the City for any court and attorney's fees which the City may be required by a court to pay because of any claim or action brought against the City because of such approval pursuant to Government Code Section 66499.37. Although the applicant is the real party in interest in such an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the applicant of its obligations under this condition.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.02.010 Purpose.
This chapter identifies the powers and duties of the officials responsible for administering this code.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.02.020 City Council.
The Council has the following powers and duties:
A.
Initiate, adopt, deny, or modify amendments to the City of Santa Clarita General Plan, code, and zoning map, and all other Class V, VI and VII applications as described in Section 17.06.020 (Authority).
B.
Consider and certify environmental documents and hear appeals on environmental determinations by the Director, Hearing Officer, or the Commission as provided for by the California Environmental Quality Act (CEQA).
C.
Affirm, deny, or modify decisions of the Commission through appeals or calls for review pursuant to the provisions of Chapter 17.07 (Appeals or Certification of Review) and the State Government Code.
D.
Establish fees for filing applications and services provided by the City.
E.
Appoint commissioners to the Commission as provided for in City of Santa Clarita Municipal Code.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.02.030 Planning Commission.
The Commission is established pursuant to the City Municipal Code and the California Government Code and has the following powers and duties:
A.
Recommend to the Council amendments to the General Plan, code or zoning map, and all other Class V and VII applications.
B.
Affirm, deny, or modify decisions of the Hearing Officer pursuant to Chapter 17.07 (Appeals or Certification of Review) and the State Government Code.
C.
Consider and adopt, deny, modify, or certify Class IV applications and environmental documents as described in Section 17.06.020 (Authority).
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.02.040 Hearing Officer.
The Hearing Officer is the Director or their appointee, who has the powers and duties to conduct public administrative hearings and approve or deny Class III applications pursuant to Section 17.06.020 (Authority), and approve or certify environmental documents.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.02.050 Director.
The Director has the following powers and duties, which the Director may delegate to staff of the Department who are supervised by, and report to, the Director:
A.
Approve or deny Class I, II and III applications pursuant to Section 17.06.020 (Authority).
B.
Consider and adopt, deny, modify, or certify environmental documents for Class II and III applications subject to CEQA and the City's environmental review requirements.
C.
Consider and adopt, deny, modify, or certify environmental documents subject to CEQA and the City's environmental review requirements for other City departments not requiring Council action.
D.
Review all applications and notify the applicant if any additional information is necessary to conduct review in compliance with this code.
E.
Issue interpretations of this code pursuant to Chapter 17.04 (Interpretations).
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.03.010 Purpose.
The purpose of this chapter is to provide precision in the interpretation of this code. The definitions and use of the words and phrases in this chapter apply throughout the code.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.03.020 Rules for Language.
Except where the context indicates otherwise, the following rules for language shall apply:
A.
The following conjunctions shall be interpreted as follows:
1.
"And" indicates that all connected words or provisions shall apply.
2.
"Or" indicates that the connected words or provisions may apply singly or in any combination.
3.
"Either . . . or" indicates that the connected words or provisions shall apply singly but not in combination.
B.
All references to departments, committees, commissions, boards, or other public agencies and public officials are to those of the City, unless otherwise specified.
C.
Any reference to the Fire Department is to that of the Los Angeles County Fire Department.
D.
All references to days are to calendar days, unless otherwise specified.
E.
All references to lists of items or examples that use terms such as "including," "such as," or similar language are intended to provide examples, not to be exhaustive lists of all possibilities.
F.
The words "shall," "will," "must," and "is to" are mandatory requirements.
G.
The words "should" or "may" are optional and may be required by the Department at its discretion.
H.
The present tense includes the past and future tenses, and the future tense includes the past and present.
I.
Plural words shall include the singular and singular words shall include the plural.
J.
Sections and section headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any section.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.03.030 Rules for Measurement.
The purpose of this section is to explain how measurements are calculated in this code.
A.
Fractions.
1.
Parking Spaces. When the application of this code requires a fractional part of a parking space, such fraction equal to or greater than one-half (1/2) shall be construed as a whole and fractions less than one-half (1/2) shall be eliminated.
2.
Dwelling Units.
a.
Rounding. Whenever this code requires consideration of dwelling units and the result of a calculation contains a fraction of a whole number, the results shall be rounded down to the nearest whole number.
b.
Exception for State Affordable Housing Density Bonus. For projects eligible for bonus density pursuant to Section 65915 of the State Government Code or any successor statute, any fractional number of permitted bonus density units shall be rounded up to the next whole number.
3.
Other Fractions. Besides subsections (A)(1) and (A)(2) of this section, when a regulation is expressed in terms of maximum or minimum limits or requirements, any other fractional result shall not be rounded. For example, if a maximum height for a building is thirty-five (35) feet and the proposed building actually measures thirty-five (35) feet and six (6) inches, then the height is not in compliance.
B.
Distance.
1.
Measurements Are Shortest Distance.
a.
When measuring a required distance, the measurement is made at the closest or shortest distance between the two (2) objects (for example, the minimum distance between a structure and a lot line or another structure).
b.
The following shall be excluded when measuring required distances.
i.
Projections, as permitted in Section 17.57.050(C) (Projections Permitted Between Buildings); and
ii.
Basements.
 Figure 17.03-1 Measurements Are Shortest Distance |
2.
Distances Are Measured Horizontally. When determining distances for setbacks and structure dimensions, all distances are measured along a horizontal plane from the appropriate line, edge of building, structure, storage area, parking area, or other object. Distances are not measured by following the topography or slope of the land.
 Figure 17.03-2 Distances Are Measured Horizontally |
3.
Measurement of Parking Spaces, Aisle Widths, and Stacking Areas.
a.
Measurement of parking space length, aisle widths and stacking areas are measured from across the entire area.
b.
Where single striping lines are used, parking space widths shall be measured from the center of the striping line. Double striping is preferred and where it is used, parking space widths shall be measured from the midpoint between the striping lines.
c.
Obstructions, unless expressly permitted by the Director, are not permitted in a parking space. Wheel stops are permitted in a parking space.
 Figure 17.03-3 Measuring of Parking Spaces, Aisle Widths, and Stacking Areas |
4.
Measurement of Minimum Distances Between Land Uses. When a specified land use is required to be located a minimum distance from another land use, the minimum distance is measured in a straight line from the exterior boundaries of the property to the exterior boundary of the property of the other land use.
 Figure 17.03-4 Measurement of Minimum Distances Between Land Uses |
C.
Height.
1.
Measuring Height. Measurement of the height of building or structure is the plumb line distance from the point being measured to the grade.
 Figure 17.03-5 Measuring Height |
D.
Flag Lot Width and Depth.
1.
Flag Lots. Average width and depth of flag lots shall exclude the access strip for the lot.
 Figure 17.03-6 Flag Lot Width and Depth |
E.
Floor Area. Floor area is the total gross area of all floors of a building expressed in square feet.
1.
Included in Floor Area. Gross floor area shall include the area of all the floors of a building within and including the outer building walls, all habitable and nonhabitable rooms, basements, and interior walls and partitions.
2.
Excluded from Floor Area. Gross floor area does not include:
a.
Parking structures, garages, carports, or other areas designated for parking and loading, or vehicular access to parking and loading spaces, as these structures shall be counted separately;
b.
Unenclosed exterior balconies, decks, porches, courts, and stairs;
c.
Cellars; and
d.
Attics, if not a habitable space as defined by the Building Code.
3.
Floor Area Ratio. Floor area ratio is the numerical value obtained through dividing the gross floor area of a building or buildings located on a lot by the total area of such lot. Floor area ratio is expressed as a decimal number and shall be rounded to the hundredth place (for example, 0.25).
F.
Lot Coverage. Lot coverage is the ratio of the total footprint area of all structures on a lot to the net lot area, expressed as a percentage with a decimal number to the hundredths place (for example, 50.15%) according to the following:
1.
Included in Lot Coverage. Lot coverage shall include:
a.
The footprints of all primary and accessory structures, including garages, carports, covered patios, and roofed porches;
b.
Unenclosed and unroofed decks, uncovered patio slabs, porches, landings, balconies and stairways;
c.
Eaves and roof overhangs when projecting more than two-and-one-half (2 1/2) feet from the building wall; and
d.
The first floor of atrium and all lobby areas.
2.
Excluded from Lot Coverage. Lot coverage shall not include:
a.
Uncovered walkways, driveways, and landscaping;
b.
Eaves and roof overhangs when projecting less than two-and-one-half (2 1/2) feet from the building wall; and
c.
Swimming pools and hot tubs that are not enclosed in roofed structures or decks.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.04.010 Purpose.
This chapter establishes the authority of the Director to interpret this code. Whenever the Director determines that the meaning or applicability of any provision of this code is subject to interpretation, the Director may issue a written interpretation.
(Ord. 13-8 § 4 (Exhs. A, D), 6/11/2013)
§ 17.04.020 Applicability.
Interpretations made by the Director include the following:
A.
Defining unlisted uses;
B.
Determination of the location of boundaries on the zoning map;
C.
Applicability of development standards;
D.
Definitions, terms or phrasing, and language construction;
E.
Determining measurement; and
F.
Interpretation of how any of subsections (A) through (E) of this section apply to a specific site.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.04.030 Interpretation for Unlisted Uses.
A.
Similar Uses. The Director may determine that an unlisted use in this code is allowed in compliance with this chapter.
B.
Required Findings. The Director may determine that an unlisted use is similar to a listed use and may be allowed in the underlying zone, after making the following findings:
1.
The characteristics of, and activities associated with, the use are similar to one (1) or more of the listed uses, and will not involve a greater intensity than the uses listed in the zone;
2.
The use will be consistent with the purposes of the applicable zone;
3.
The use will be consistent with the General Plan;
4.
The use will be compatible with the other uses allowed in the zone; and
5.
The use is not listed as allowed in another zone.
C.
Underlying Zone Standards. When the Director determines that an unlisted use is similar to a listed use, the unlisted use will be treated in the same manner as the listed use in determining where it is allowed, the application required, and the applicable development standards and requirements of this code.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.04.040 Record of Interpretation.
Any written interpretation made by the Director shall be kept on file with the Department and be made available to the public.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.05.010 Purpose.
This chapter is intended to allow for the continuation, maintenance, and limited expansion of uses, lots, and structures established in compliance with development codes in effect at the time of establishment of the use or structure but not in compliance with current development codes.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013; Ord. 17-10 § 5 (Exh. A), 7/11/2017)
§ 17.05.020 Continuation and Maintenance.
A.
A use legally occupying a structure or a site, as of the effective date of this code, that does not conform with the use regulations or the performance standards for the zone in which the use is located shall be deemed to be a legal nonconforming use and may be continued in perpetuity, except as otherwise provided in this chapter.
B.
A structure legally occupying a site as of the effective date of this code that does not conform with the property development standards for required yards, height, coverage, distances between structures, or other standards for the zone in which the structure is located shall be deemed to be a legal nonconforming structure and may be used and maintained in perpetuity, except as otherwise provided in this chapter.
C.
Routine maintenance and repairs may be performed on a structure or site, the use of which is legal nonconforming.
D.
A structure which does not meet the property development standards of the zone in which it is located shall be permitted to expand up to the floor area ratio permitted for that zone in the event that the Director determines that the expansion will not increase the degree of nonconformity, or adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources.
E.
A use which does not meet the performance standards of the zone in which it is located shall be permitted to expand in the event that the expansion does not increase the degree of nonconformity.
F.
Unless specifically stated elsewhere in this code, a conditional use legally established prior to the effective date of this code, or prior to the effective date of subsequent zone changes or amendments to the code, shall be permitted to continue and be permitted to expand or be modified pursuant to the code.
G.
A parking lot previously constructed with or without a surplus of parking spaces over what was required at the time of approval of the development shall be subject to the parking provisions of Section 17.51.060 (Parking Standards) for all new uses or structures, notwithstanding general office and retail uses for developments approved by Los Angeles County and remaining in conformance with such approval.
H.
When interpreting setbacks for a residential use in a residential zone that are legal nonconforming, new construction shall be permitted to maintain/continue the existing setback, provided the structure does not further encroach into the existing setback area by either further reducing the existing setback, or expanding (either vertically or horizontally) the building square footage by more than twenty percent (20%). Any further expansion in excess of the twenty percent (20%) described above or any further reduction in the setback shall be considered an increase in the degree of nonconformity and will be required to obtain the appropriate entitlement as described in this code.
I.
A lot that was legally created as of the effective date of this code that does not conform with the code regulations for minimum lot size or dimensions for the zone in which the lot is located shall be deemed to be a legal nonconforming lot and may be utilized for a structure that would otherwise be allowed in that zone as long as all development standards are achieved or an adjustment or variance, whichever is applicable, is obtained for any such standards that cannot be achieved.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013; Ord. 17-10 § 5 (Exh. A), 7/11/2017)
§ 17.05.030 Discontinuation of Legal Nonconforming Use.
Whenever a legal nonconforming use, or use of a legal nonconforming structure, has been discontinued or changed to a conforming use for a continuous period of one hundred eighty (180) calendar days or more, the legal nonconforming use shall not be reestablished, and the use of the structure or site thereafter shall be in conformity with the regulations for the zone in which it is located. Discontinuation shall include cessation of a use regardless of intent to resume the use, unless the Director is notified in writing of the intent to resume and has approved a schedule for resumption of said use.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013; Ord. 17-10 § 5 (Exh. A), 7/11/2017)
§ 17.05.040 Restoration of a Damaged Structure.
A.
Whenever a structure which does not comply with the property development standards prescribed in the zone in which the structure is located is destroyed by fire or other calamity to the extent of fifty percent (50%) or more, the structure may be restored and the legal nonconforming use may be resumed; provided, that restoration is started within two (2) years from the date of the calamity and diligently pursued to completion. The new structure may be restored to its original height or the maximum height permitted in the zone in which it is located, whichever is greater, and must be in full conformity with the parking, setback, and landscaping standards for that zone in effect at the time of reestablishment.
B.
The extent of damage shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by or shall be reviewed and approved by the Building Official and shall be based on the minimum cost of construction in compliance with the Building Code. In the case of a use with multiple structures, the damage ratio shall be determined by comparing the cost of restoring the damaged structure(s) to its (their) condition(s) prior to such damage to the estimated cost of duplicating all structures associated with such use.
C.
Whenever a structure is damaged less than fifty percent (50%), the structure shall be replaced to its legal nonconforming status or replaced with a structure in conformance with the code.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013; Ord. 17-10 § 5 (Exh. A), 7/11/2017)
§ 17.05.050 Elimination of Legal Nonconforming Uses and Structures.
A.
Any unscreened outdoor storage (illegal under the provisions of the Los Angeles County Code Title 22) shall be screened in compliance with the provisions of this code within one (1) year of the effective date of this code.
B.
With the exception of signage, uses and structures established in compliance with zoning codes in effect at the time of establishment of the use or structure but made legal nonconforming by this code shall be allowed to continue and/or remain. Legal nonconforming signage shall be eliminated as follows:
1.
Signs as prohibited by Section 17.51.080(V) (Sign Regulations (Private Property)), thirty (30) days.
2.
In the case of outdoor advertising signs or structures (i.e., billboards and other off-site signs) in residential zones, and notwithstanding any contrary provision of this title, such signs and structures shall be discontinued and removed pursuant to and as allowed by California Business and Professions Code Sections 5412.1 and 5412.2 as follows:
Fair Market Value on Date of Notice of Removal Requirement | Years Allowed to Remain |
|---|---|
Under $1,999 | 2 |
$2,000 to $3,999 | 3 |
$4,000 to $5,999 | 4 |
$6,000 to $7,999 | 5 |
$8,000 to $9,999 | 6 |
$10,000 and over | 7 |
The amounts provided in this section shall be adjusted each January 1st from and after January 1, 1983, in accordance with the changes in building costs, as indicated in the United States Department of Commerce Composite Cost Index for Construction Costs.
3.
In the case of outdoor advertising signs or structures (i.e., billboards and other off-site signs) in nonresidential zones lawfully erected prior to November 13, 1990, except where approved pursuant to Section 17.26.100 (Billboard Reduction and Relocation Agreement) or 17.28.100 (Development Agreements), such signs and structures shall be discontinued and removed within five (5) years of the effective date of this subsection (which is April 24, 2014) pursuant to and as allowed by California Business and Professions Code Section 5412.
4.
All other signs and sign structures, nine (9) years from November 13, 1990.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013; Ord. 14-1 § 5 (Exh. A), 3/25/2014; Ord. 17-10 § 5 (Exh. A), 7/11/2017)
§ 17.05.060 Zoning Compliance Review.
Uses and structures established in compliance with zoning codes in effect at the time of establishment of the use or structure but not in compliance with current zoning codes may obtain a certificate of zoning compliance. A certificate of zoning compliance shall require a final occupancy review. The applicant must show, to the satisfaction of the Director, that the structure or use in question is in compliance with the original permit and/or codes in effect at the time the structure was constructed or the use was initiated.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013; Ord. 17-10 § 5 (Exh. A), 7/11/2017)
§ 17.06.010 Purpose.
This chapter establishes zoning application and processing procedures for the code.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.06.020 Authority.
Table 17.06-1 (Review Authority) identifies the authority body responsible for making decisions on each type of application. The following authority bodies are listed within this table:
A.
Advisory Body. The advisory body makes recommendations to a higher level review authority.
B.
Review Authority. The review authority is the decision maker that approves or denies an application. The review authority may refer an application to a higher level review authority for a decision on the application.
C.
Appeal Body. The appeal body makes decisions on an appeal of a decision of a lower level review authority.
D.
Review Authority Levels. The levels of review authorities, from highest to lowest, are:
1.
Council;
2.
Commission;
3.
Hearing Officer; and
4.
Director.
Table 17.06-1: Review Authority | ||||||
|---|---|---|---|---|---|---|
Application Class | Chapter | Public Noticing Required | Public Hearing Required | Advisory Body | Review Authority | Appeal Body |
Class I (Ministerial) | 17.22 | None | No | N/A | Director | Commission/Council |
Class II (Discretionary) | 17.23 | None | No | N/A | Director | Commission/Council |
Class III (Discretionary) | 17.24 | Type I | No | N/A | Director* | Commission/Council |
Class IV (Discretionary) | 17.25 | Type II | Yes | Director | Commission | Council |
Class V** (Discretionary) | 17.26 | Type II | Yes | Commission | Council | Council |
Class VI (Discretionary) | 17.27 | Type II | Yes | Director | Council | N/A |
Class VII** (Legislative) | 17.28 | Type II | Yes | Commission | Council | Council |
Notes: |
|---|
* If a request for an administrative hearing is filed, the review authority shall be the Hearing Officer, in conformance with this chapter. |
** The Council is only the review authority if the Planning Commission recommends approval. |
(Ord. 13-8 § 4 (Exh. A), 6/11/2013; Ord. 20-10 § 6, 12/8/2020)
§ 17.06.030 Application Types.
This code establishes the application type required for a specific permit request. Application types include the following:
A.
Class I Applications. Class I applications include the following: ministerial approvals.
B.
Class II Applications. Class II applications include the following: administrative permits, architectural design review, development review, hillside development review, home occupation permits, landscape plan review, lot line adjustments, oak tree permits, requests for reasonable accommodations, sign reviews, and temporary use permits.
C.
Class III Applications. Class III applications include the following: adjustments, administrative sign variance and historic sign designation, and minor use permits.
D.
Class IV Applications. Class IV applications include the following: conditional use permits, tentative subdivision maps, and variances.
E.
Class V Applications. Class V applications include the following: General Plan amendments, master plans, and ridgeline alteration permits.
F.
Class VI Applications. Class VI applications include the following: pre-annexation agreements.
G.
Class VII Applications. Class VII applications include the following: development agreements, specific and corridor plans, and zone changes and amendments.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013; Ord. 20-10 § 6, 12/8/2020)
§ 17.06.040 Multiple Applications.
A.
Review Authority in Multiple Applications. When a project requires two (2) or more applications to be considered by different review authorities, all applications for the project shall be subject to jurisdiction by the highest review authority.
B.
Associated Ministerial and Discretionary Applications. If associated uses and/or structures on a property require both ministerial and discretionary applications, a separate ministerial application may not be required. The discretionary application may include authorization for the ministerial uses and/or structures, unless otherwise noted within this code.
C.
Advisory Recommendation by Commission. If the Commission is reviewing a discretionary application that requires associated Council approvals, and should the Commission decide to recommend approval, the Commission shall make recommendations to the Council on both the environmental documentation and the discretionary and legislative applications. The Council takes final action on all such environmental documentation and discretionary and legislative applications for which the Commission has recommended approval. Should the Commission not approve the environmental documentation and discretionary and legislative applications, no Council action is necessary unless an appeal is filed.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013; Ord. 20-10 § 6, 12/8/2020)
§ 17.06.050 Environmental Review.
All applications for development, which are subject to the California Environmental Quality Act (CEQA) and City adopted guidelines, may be required to submit a completed Environmental Questionnaire (Initial Study Part A) form as part of the application. The Director may request additional information or studies of the applicant in order to make an environmental determination.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013; Ord. 20-10 § 6, 12/8/2020)
§ 17.06.060 Application Filing and Withdrawal.
A.
Application Forms and Information for Submitted Materials.
1.
The Director shall prepare application forms, including checklists that specify the information and materials necessary for processing each type of application.
2.
The applicant shall submit an application, all information and materials listed for the specific type of application on the checklist, and the filing fee, as listed in Section 17.06.070 (Fees and Deposits).
3.
The accuracy of all applications, information, and materials submitted shall be the responsibility of the applicant.
4.
Any materials submitted by an applicant for an application becomes City property and shall be available for public review.
B.
Applicants. The following persons may file applications:
1.
The owner(s) of the subject property;
2.
An agent for the applicant with written authorization by the owner(s) of the property;
3.
The plaintiff in an action in eminent domain to acquire the subject property, or any portion thereof; or
4.
A public agency in negotiation to acquire a portion of the subject property or any portion thereof.
C.
Withdrawal. An applicant may withdraw an application at any time before a decision is made by the responsible review authority by filing a written request with the Director. Refunds shall comply with Section 17.06.070(C) (Fee Refunds).
(Ord. 13-8 § 4 (Exh. A), 6/11/2013; Ord. 20-10 § 6, 12/8/2020)
§ 17.06.070 Fees and Deposits.
A.
Schedule of Fees and Deposits. The Council shall establish a schedule of fees and deposits for application processing by resolution. This shall be referred to as the filing fee schedule.
B.
Filing Fee(s). No application shall be accepted without payment of the required fee or deposit per subsection (A) of this section.
C.
Fee Refunds. If any application is withdrawn as provided in Section 17.06.060(C) (Withdrawal), the Director shall refund the following fraction of the filing fee:
1.
One-half (1/2) of the payment shall be refunded if the application is withdrawn by the applicant prior to the preparation and mailing of the notice of completeness or after a Development Review Committee meeting is held.
2.
One-quarter (1/4) of the payment shall be refunded if the application is withdrawn by the applicant prior to publication or mailing of the required notice.
3.
There shall be no refund of any portion of the payment after:
a.
Mailing or publication of the required notice;
b.
Denial or withdrawal of application;
c.
Preparation of any environmental documents; or
d.
After an action has been taken by the review authority.
D.
Deposit Refunds. The Director may approve a refund of deposits after all fees and expenses incurred have been paid.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.06.080 Initial Application Review.
A.
Review of Applications Filed. Within thirty (30) days from the date the City accepts an application for processing, the Director shall review and provide notice to the applicant regarding the application to determine whether any additional information or detail is required to take action on the application. The Director shall also determine if the project is subject to review as determined by CEQA guidelines.
B.
Determining Completeness. An application filing shall be complete when:
1.
All required application materials have been submitted as specified in the Department's filing instructions per Section 17.06.060(A) (Application Forms and Information for Submitted Materials); and
2.
Fees have been submitted as required by Section 17.06.070(B) (Filing Fees).
3.
All required environmental documentation and materials as required by CEQA have been submitted.
C.
Additional Information.
1.
The Director may request additional information to clarify, correct, or otherwise supplement information required after the application has been accepted by the Department for processing. The Director may suspend application processing if the additional information is not submitted.
2.
If an application is subject to environmental review, the Director may require the applicant to submit additional information needed to conduct an initial study to determine if the project may have a significant effect on the environment. The Director may suspend application processing if the additional information is not submitted.
D.
Consultation. The Director may consult with any local, County, State, or Federal agency after the application has been accepted by the Department for processing. The applicant shall pay any required fee for such consultation. Application processing may be suspended if any required fee is not paid.
E.
Inspections. Every applicant seeking a permit in compliance with this code shall allow any City or County official participating in review of the application access to the premises or property that is the subject of the application. Failure to cooperate with any City or County official may result in suspension of application processing until the inspection is completed. If access is not granted, the Director may render an application inactive per subsection (F) of this section.
F.
Inactive Application. If an application is deemed incomplete, the Director shall provide written notification or correction letter to the applicant listing the applications, exhibits, revisions to plans, information, additional fees, or any other materials that are necessary to complete the review of the application. If the applicant does not provide the items required by the Director within thirty (30) days of notification, the application shall become inactive. The Director may extend the time limit for a maximum of thirty (30) days upon written request from the applicant.
G.
Denial of Inactive Application. The Director may deny, without a public hearing, an application for a discretionary permit if such application becomes inactive per subsection (F) of this section. The Director may permit the applicant to amend such application without the filing of additional permit fees if the amendments are made before the application is denied. In all other cases, the Director's denial of an inactive application closes the application file. Once an application is denied, the applicant shall submit a new application and fees in compliance with Section 17.06.060 (Application Filing and Withdrawal) in order to proceed with the request.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.06.090 Project Evaluation and Staff Reports.
When a staff report is required, the Director shall make a report in writing to the review authority based on consideration of information in the record at the time the Director prepares the report. The staff report shall be made available to the applicant no less than seventy-two (72) hours prior to the administrative hearing or public hearing. The report shall include:
A.
A recommendation based on:
1.
Evaluation of the project's conformance with the applicable goals, objectives, policies, and proposals of the General Plan and any other applicable adopted plans and policies;
2.
Determination of compliance with all applicable development standards and requirements for the underlying zone in which the subject property is located;
3.
Determination of the provision of adequate, essential services for the subject property. The Director may consult with local agencies that provide essential facilities or services to determine if the project will be adequately served. Essential facilities and services include, but are not limited to, Fire, Sheriff, schools, water, sanitation, and roads; and
4.
Information in the record including, but not limited to, the application, exhibits, maps, site plan, initial study, environmental determination or CEQA statutory exemption, agency comments, and review comments received prior to the hearing.
B.
A recommendation on the environmental determination:
1.
If the project is subject to environmental review, a recommendation shall be made to adopt a negative declaration, mitigated negative declaration, or certify an environmental impact report.
2.
If the project is found to meet the standards for a categorical exemption under CEQA guidelines, a statement that the project is exempt from environmental review and the class of exemption in which the project qualifies for shall be prepared.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.06.100 Type I Public Noticing.
When this code requires a Type I public noticing, a notice shall be provided in compliance with this section.
A.
Notice Content. A Type I notice shall include the following information:
1.
Action Information.
a.
The date, time, place, and the name of the review authority of the proposed action;
b.
A general description of the City's procedure concerning the conduct of the action;
c.
A statement that written comments may be submitted to the Director prior to the action;
d.
A statement that any interested person or authorized agent may request that the action be heard before the Hearing Officer; and
e.
The phone number, street address, and website of the City, where an interested person can call or visit to obtain additional information.
2.
Project Information.
a.
The name of the applicant;
b.
The application number(s);
c.
A general description of the project and location of the subject property; and
d.
A statement that the review authority will also consider the project's environmental document, if applicable.
B.
Distribution. Notice shall be provided as follows:
1.
Mailing. Notice shall be mailed or delivered at least fifteen (15) calendar days before the scheduled action to the following, unless stated otherwise in this code:
a.
Owner(s) and Applicant. The owner(s) of the subject property, the applicant and the applicant's agent, if one has been provided;
b.
Surrounding Properties. Unless otherwise indicated in this code, all owners of property located adjacent to, and directly across the street from, the exterior boundaries of the subject property, as shown on the County's last equalized assessment roll, shall be noticed. If the project site is located within a multiple tenant commercial or industrial center, all tenants or property owners, if different, within the center shall also be mailed the notice;
c.
Persons Requesting Notice. A person who has filed a written request for notice with the Director within one (1) year prior to the action;
d.
Additional Notification Radius Requirements.
i.
In the case of a minor use permit for the sale of alcohol, all owners of property located within a five hundred (500) foot radius of the exterior boundaries of the subject site, as shown on the County's last equalized assessment roll.
ii.
In the case of a minor use permit, a written notice shall be transmitted to the Council and Commission;
e.
In the case of a minor use permit for the transportation of earth (haul routes), no mailing of notifications is required; and
f.
The Director may require additional notification requirements such as site posting and increased notification radius based upon the possible impacts of the proposed project.
C.
Failure to Receive Notice. The failure of any person or entity to receive notice provided in compliance with this section, or with the State Government Code, shall not invalidate the actions of the review authority.
D.
Action. If a written request for an administrative hearing before the Hearing Officer is received prior to the close of business on the fifteenth day after the notice is dated, and if the written request is not anonymous and includes the opposing party's name and contact information, an administrative hearing shall be scheduled. If the request for a Hearing Officer review is rescinded prior to the noticing of the administrative hearing, no administrative hearing shall be required.
1.
The contents of the notice shall be in conformance with subsection (A) of this section.
2.
Those that received the notice of the proposed project and any additional persons who submitted comments shall receive notice not less than seven (7) days prior to the administrative hearing.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013; Ord. 20-10 § 6, 12/8/2020)
§ 17.06.110 Type II Public Noticing (Public Hearing).
When this code requires a public hearing, notice of the hearing shall be provided in compliance with this section and the State Government Code.
A.
Notice Content. Notice of a public hearing shall include the following information:
1.
Hearing Information.
a.
The date, time, and place of the hearing and the name of the review authority;
b.
A general description of the City's procedure concerning the conduct of the public hearing;
c.
A statement that written comments may be submitted to the Director prior to the hearing;
d.
A statement that any interested person or authorized agent may appear and be heard at the public hearing;
e.
The phone number, street address, and website of the City, where an interested person can call or visit to obtain additional information; and
f.
Prior action by an approving authority, if applicable.
2.
Project Information.
a.
The name of the applicant;
b.
The application number(s);
c.
A general description of the project and location of the subject property; and
d.
A statement that the review authority will also consider the project's environmental document, if applicable.
B.
Distribution. Notice shall be provided as follows:
1.
Publication. Notice shall be published once in a newspaper of general circulation as determined by the City. The publication shall be at least twenty-one (21) calendar days before the scheduled hearing, unless stated otherwise in this code.
2.
Mailing. Notice shall be mailed by first class mail no less than twenty-one (21) calendar days before the scheduled hearing to the following, unless stated otherwise in this code:
a.
Owner(s) and Applicant. The owner(s) of the subject property, the applicant and the applicant's agent, if one has been provided.
b.
Surrounding Properties.
i.
Unless otherwise indicated in this code, all owners of property located within a one thousand (1,000) foot radius of the exterior boundaries of the subject property, as shown on the County's last equalized assessment roll.
ii.
Multi-Unit Housing. In the case of where multi-unit housing (a structure containing more than one (1) dwelling unit) exists within the required noticing radius, a notice addressed to "Occupant" shall be mailed to each dwelling unit, in addition to those mailed to the owner when the dwelling unit's address is different than the owner's address. For this chapter a mobilehome park shall be considered a multi-unit housing complex.
iii.
If the project site is located within a multiple tenant commercial or industrial center, all tenants within the center shall also be mailed the notice.
c.
Persons Requesting Notice. A person who has filed a written request for notice with the Director within one (1) year prior to the public hearing.
d.
Additional Notification Radius Requirements. In the case of a conditional use permit, a written notice shall be transmitted to the Council.
e.
Exception. In lieu of the public mailing provisions as indicated above, public hearings that require public notifications that identify more than one thousand (1,000) property owners to be noticed by mail, the Director shall require that a larger advertisement (minimum one-eighth (1/8) page) be placed in the newspaper of general circulation in lieu of individual mailings to property owners.
f.
The Director may require additional notification requirements such as additional site posting and increased notification radius based upon the possible impacts of the proposed project.
3.
Notice Sign Posting. Where required by the application type, notice shall be posted on the subject property at least fourteen (14) calendar days before the scheduled public hearing in the following manner, unless otherwise stated in this code.
a.
Dimensions, Materials, and Content. The size, height, materials, colors, content and lettering of the notice sign shall adhere to the specifications described in the checklist by the Department.
b.
Location. One (1) sign shall be erected on each public road frontage adjoining the subject property, legible and accessible by foot from said public road(s). Additional signs may be required by the Director, based on the size and location of the project. The sign(s) shall not create sight distance problems along the adjacent rights-of-way. If the subject property is not visible from an existing public road, the sign posting requirement may be modified by the Director.
c.
Additional Posting Requirements. The Director may require sign(s) to be larger and/or constructed of stronger weather-proof materials to improve visibility and legibility at the posted location(s) as the Director deems appropriate.
d.
Verification. The applicant shall provide the Director with a photograph showing the sign(s) erected on the subject property. The applicant shall also sign an affidavit stating that the sign(s) have been placed on the subject property in compliance with this subsection (B)(3).
e.
Maintenance and Display. The applicant shall be responsible for maintaining the sign(s) in a satisfactory condition and continuously displaying the sign prior to the public hearing.
f.
Removal. The sign(s) shall be removed from the subject property within three (3) weeks following the close of the final public hearing.
g.
Failure to Comply. Failure of the applicant to comply with this subsection (B)(3) shall result in postponement of the public hearing.
h.
Exception. The sign posting provisions of this subsection (B)(3) shall not apply to public hearings on matters initiated by the Director, Commission or Council. The Director may post signs for such public hearings at locations deemed appropriate.
C.
Failure to Receive Notice. The failure of any person or entity to receive notice provided in compliance with this section, or with the State Government Code, shall not invalidate the actions of the review authority.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.06.115 Hearing Officer Administrative Hearing Procedure.
When this code requires an administrative hearing by the Hearing Officer, it shall be conducted in compliance with this chapter.
A.
Time and Location. As determined by the Director, an administrative hearing shall be held at the date, time, and location for which notice was given.
B.
Continued Hearing.
1.
An administrative hearing may be continued without further notice; provided, that the review authority announces for the record, the date, time, and location where the hearing will be continued before the adjournment of the hearing.
2.
If the administrative hearing is continued to an undetermined date, or taken off the calendar, the applicant may be required to pay for the cost of a rehearing before the public hearing is rescheduled. Notice of the continued public hearing shall be provided in accordance with Section 17.06.100 (Type I Public Noticing).
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.06.120 Public Hearing Procedure.
When this code requires a public hearing, it shall be conducted in compliance with this chapter.
A.
Time and Location. As determined by the Director or City Clerk, a hearing shall be held at the date, time, and location for which notice was given.
B.
Continued Hearing.
1.
A hearing may be continued without further notice; provided, that the review authority announces for the record the date, time, and location where the hearing will be continued before the adjournment of the hearing.
2.
If the public hearing is continued to an undetermined date, or taken off the public hearing calendar, the applicant may be required to pay for the cost of a rehearing before the public hearing is rescheduled. Notice of the continued public hearing shall be provided in accordance with Section 17.06.110 (Type II Public Noticing (Public Hearing)).
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.06.130 Findings and Decision.
A.
Authorized Actions. The review authority may approve, conditionally approve, or deny the application.
B.
Required Findings. The review authority shall approve the application only after the applicant substantiates the following required findings:
1.
The proposal is consistent with the General Plan;
2.
The proposal is allowed within the applicable underlying zone and complies with all other applicable provisions of this code;
3.
The proposal will not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare, or be materially detrimental or injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located; and
4.
The proposal is physically suitable for the site. The factors related to the proposal's physical suitability for the site shall include, but are not limited to, the following:
a.
The design, location, shape, size, and operating characteristics are suitable for the proposed use;
b.
The highways or streets that provide access to the site are of sufficient width and are improved as necessary to carry the kind and quantity of traffic such proposal would generate;
c.
Public protection services (e.g., Fire protection, Sheriff protection, etc.) are readily available; and
d.
The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.) is adequate to serve the site.
C.
Additional Findings. In addition to the findings stated in subsection (B) of this section, additional findings may be required for individual entitlements found in this code.
D.
Failure to Substantiate Findings. The review authority may deny the application where the information submitted by the applicant and/or presented at the public hearing fails to substantiate all of the required findings to the satisfaction of the review authority.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.06.140 Recommendations after Public Hearing.
A.
Commission.
1.
After the Commission's public hearing on a legislative action or action requiring a Council action, the recommendation and findings of the Commission shall be forwarded to the Council unless the Commission denies the request.
2.
After the Commission's public hearing on a discretionary application, which is heard concurrently with a legislative or other entitlement requiring a Council action, the recommendation and findings of the Commission on the legislative and quasi-judicial matters shall be forwarded to the Council concurrently unless the Commission denies the request.
B.
Copy of Recommendation to Applicant. A copy of the recommendations shall be mailed to the applicant at the mailing address stated in the application.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.06.150 Decision after Administrative Hearing or Public Hearing.
A.
Hearing Officer Action. At the conclusion of an administrative hearing, the Hearing Officer shall take action on the application to approve, deny or refer the application to the Commission. A decision to approve or deny is final unless the decision is appealed to the Commission.
B.
Commission Action. At the conclusion of a public hearing, the Commission shall take action on the application. The decision is final unless the Commission's action is advisory to the Council, or the decision is appealed to the Council.
C.
Council Action. At the conclusion of a public hearing, the Council shall take action on the application. The decision of the Council shall be final on any matter.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013; Ord. 15-11 § 5 (Exh. A), 12/8/2015)
§ 17.06.160 Notice of Action and Findings.
A.
Once the review authority takes action on a discretionary application, it shall issue a notice of action. The notice of action shall describe the action taken, list the findings that were the basis for the decision, and include any applicable conditions.
B.
Findings, where required by State law or this code, shall be based upon consideration of the application, plans, testimony, reports and other materials that constitute the administrative record and shall be stated in writing.
C.
The Director shall mail the notice of action to the applicant in compliance with Section 17.06.140(B) (Copy of Recommendation to Applicant).
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.06.170 Effective Date of Decision.
A.
The decision of the review authority shall be effective on the fifteenth calendar day following the date of the decision, except when the decision is appealed or a request for a certification of review is initiated by the appeal body, according to Table 17.06-1 (Review Authority) before the effective date of the decision. When a case is heard before the Council, the action is final on the date of the decision. However, in the case of a legislative action, the project is effective thirty (30) days after the second reading of the ordinance by the Council.
B.
If the last day to file an appeal or certification of review falls on a nonbusiness day for the appeal body, then the deadline is extended to the next business day and the effective date of the decision is also extended to the following business day.
C.
Appeals or certification of review shall be filed pursuant to Chapter 17.07 (Appeals or Certification of Review).
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.06.180 Scope of Approvals.
A.
Only legally established uses and development, authorized by a permit issued from the Department, may be used on a property. All other uses and activities are not permitted unless they are permitted by the underlying zone.
B.
Unless otherwise specified by the review authority, the approved site plan, floor plans, building elevations, and any additional items considered for approval during the process shall be deemed part of the approval by the review authority.
C.
For a Class I application, an approval or denial may be in the form of a stamp, signature, electronic stamp, or other official notation or documentation on the site plan and/or in the form of a letter.
D.
For Class II, Class III, Class IV, Class V and Class VI applications, the plans, upon approval by the review authority, shall be stamped and referred to as "Approved Site Plan." Unless otherwise indicated in the approval, the approved site plan shall not be stamped approved until the permit has become effective in compliance with Section 17.06.170 (Effective Date of Decision), all performance guarantees and covenants in compliance with Section 17.06.220 (Performance Guarantees and Covenants) and any applicable conditions of approval have been completed.
E.
If the use or structure is contrary to the description in the application, so as to either violate this code and/or the conditions of approval, or require additional permits, then the approval shall be deemed null and void. Enforcement measurements will be taken until the violation is corrected.
F.
All permits may be subject to periodic review to determine compliance. If a condition specifies that uses allowed under the permit are subject to periodic reporting, monitoring or assessments, or a time limitation, it shall be the responsibility of the property owner and their successors to comply with these conditions.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.06.190 Conditions of Approval.
In approving any discretionary application, the review authority may impose conditions deemed reasonable and necessary to ensure that the permit will be in compliance with the findings required by Section 17.06.130 (Findings and Decision).
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.06.200 Use of Property before Final Action.
Any property involved in a discretionary application shall not be used for the use requested in an application until, and unless, the permit has become effective, in compliance with Section 17.06.170 (Effective Date of Decision) and an approved site plan has been issued by the Department in compliance with Section 17.06.180 (Scope of Approvals).
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.06.210 Approvals Run with the Land.
Unless specifically prohibited by this code, any approval granted pursuant to the provisions of this code, and that is valid and in effect, shall adhere to the land. The approval, including any applicable conditions or requirements, shall continue to be valid upon change of ownership of the subject land or any lawfully existing structure from the effective date of the permit, except when a permit expires and becomes void in compliance with this chapter or as otherwise specified in the conditions of approval.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.06.220 Performance Guarantees and Covenants.
Approval of an application may require that the permittee guarantee, warrant or ensure compliance with the provisions of this code, approved plans or conditions. To ensure compliance, the City may require the permittee to:
A.
Record the terms and conditions of the approval with the Registrar-Recorder/County Clerk. Upon any transfer or lease of the property during the term of this grant, the permittee shall provide a copy of the permit approval and its conditions to the transferee or lessee;
B.
Deposit a financial assurance or bond or other mechanism in a reasonable amount, as determined by the Director or City Engineer, to ensure the faithful performance of one (1) or more of the conditions of approval;
C.
Record a covenant restricting the use of the subject property (e.g., limitations on occupancy or maintenance of affordability) with the Registrar-Recorder/County Clerk; or
D.
Record a covenant guaranteeing use and maintenance on a separate property necessary to comply with requirements (e.g., adequate access) with the Registrar-Recorder/County Clerk.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.06.230 Time Limits and Extensions.
A.
A permit shall be used within the time limit specified in the permit, or, if no time limit is specified, two (2) years after the date the decision is made by the review authority. If the permit is not used within the applicable time limit, the approval becomes null and void.
B.
The Director may extend the time limit in which to initiate a permit for a maximum of one (1) year at a time. An application requesting the extension shall be filed prior to the expiration date. A maximum of two (2) one (1) year extensions may be granted by the Director. Subdivisions shall be limited to the requirements of the Subdivision Map Act.
C.
In the case of applications heard concurrently with a land division, the limits and extensions shall be concurrent and consistent with those of the land division.
D.
In the case of a permit for a publicly owned use, no time limit shall apply to use the approval; provided, that the public agency acquires the property involved or commences legal proceedings for its acquisition, within one (1) year of the effective date of the approval.
E.
A permit shall be considered used when activity authorized by the permit has commenced that would otherwise be prohibited in the underlying zone if no permit had been granted. For this subsection (E), activity shall include grading with required grading permits, construction with required building permits, or the commencement or initiation of the permitted use.
F.
A discretionary permit shall automatically cease to be of any force and effect if the use for which the permit was granted has ceased or has been suspended for a consecutive period of two (2) or more years.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.06.240 Resubmission of Application.
No discretionary application shall be filed or accepted if a denial has been taken within one (1) year on an application requesting the same, or substantially the same application unless, the review authority finds that the denial was without prejudice.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.07.010 Purpose.
The purpose of this chapter is to provide procedures for the appeal and certification of review of determinations and decisions of the review authority.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.07.020 Authorization.
A.
Appeals. To avoid results inconsistent with the purposes of this code, unless otherwise specified or limited by specific provisions of this code, decisions of the Director may be appealed to the Hearing Officer; decisions of the Hearing Officer may be appealed to the Commission; and decisions of the Commission may be appealed to the Council.
B.
Certification of Review. To avoid results inconsistent with the purposes of this code, decisions of the Director or Hearing Officer may be certified for review by the Commission; and decisions of the Commission may be certified for review by the Council, unless otherwise more specifically stated regarding a specific permit or review.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.07.030 Filing of Appeals.
A.
Eligibility. Any interested person dissatisfied with the action of the review authority may file an appeal to the next higher review authority in compliance with this chapter, unless otherwise specified or limited by this code.
B.
Time Limits. Appeals of decisions and certification of review shall be initiated prior to the effective date of the decision. However, if the deadline for initiation of an appeal or call of review falls on a nonbusiness day for the relevant appeal body, then the deadline for an appeal or certification of review is extended to the next business day and the effective date of the decision shall be the following day.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.07.040 Initiation of Appeals.
A.
Filing. An appeal shall be filed with the Commission Secretary in the case of the Hearing Officer and Commission or the City Clerk in the case of the Council in the form of a letter, along with any accompanying appeal fee, and shall state specifically:
1.
A determination or interpretation is not in accord with the purposes of this code; or
2.
It is claimed that there was an error or abuse of discretion; or
3.
The record includes inaccurate information; or
4.
A decision is not supported by the record.
B.
Required Information. An appeal shall contain the following information:
1.
The file or case number identifying the matter which is being appealed; and
2.
The street address of the property included in the action being appealed or if no street address, the legal description or the Assessor's parcel number of the property; and
3.
Whether the appeal is:
a.
An appeal of the denial of such application; or
b.
An appeal of the approval of such application; or
c.
An appeal of a condition or conditions of an approval (specifying the particular condition(s)); and
4.
Any other information that is requested on the appellate body's appeal form.
C.
Appeal Vacates Decision. The filing of an appeal vacates the decision from which the appeal is taken. Such decision is only reinstated if the appellate body fails to act, the appeal is rescinded or the review authority affirms the decision in its action.
D.
Appeal Rescinded. An appellant may submit a written request to withdraw their appeal any time up to seven (7) days prior to the public hearing scheduled for the appeal, in which case the appeal shall not move forward and the decision that was the subject of the appeal shall be the final decision. If an appeal is not withdrawn by the close of business on the seventh day prior to the scheduled appeal hearing, the hearing shall be conducted by the review authority.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.07.050 Initiation of Certification of Review.
A.
A certification of review may be initiated for a decision on any discretionary application by one (1) or more of the members of the next level of designated review authority. For decisions of the Director or Hearing Officer a certification of review may be requested by any one (1) member of the Commission; and for decisions of the Commission a certification of review may be requested by any one (1) member of the Council. A certification of review shall be made no later than one (1) day prior to the day on which an appeal of the decision is due pursuant to Section 17.07.030 (Filing of Appeals).
B.
Certification shall not require any statement of reasons, and shall therefore not represent opposition to or support of an application. No fee shall be required.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.07.060 Procedures for Appeals and Certification of Review.
A.
Hearing Dates. The appeal body may delegate the setting of hearing dates to the Commission Secretary or City Clerk.
B.
Notice and Public Hearing.
1.
An appeal or certification of review hearing shall be a public hearing if the decision being appealed or reviewed required a public hearing.
2.
Notice of public hearings shall be given in the manner required by Section 17.06.110 (Type II Public Noticing (Public Hearing)).
C.
Plans and Materials.
1.
At an appeal or certification of review hearing, the appeal body shall consider only the same application, plans and materials that were the subject of the original decision.
2.
If new plans and materials which differ substantially from the original are submitted, the applicant shall file a new application. Changes to the original submittal made to meet objections by the staff, the decision-maker, or members of the public at the hearing below need not be the subject of a new application.
3.
As part of the decision, the appeal body may impose additional or modify conditions on a project in granting approval to a modified project.
D.
Hearing. Notwithstanding Title 2 (Administration and Personnel) and the procedures provided therein, at the public hearing, the appeal body shall consider the matter directly by reviewing the record of the decision below, receiving a report from the Director, and hearing testimony from the applicant, the appellant in the case of an appeal, and any other interested party and, at their discretion, the party or body whose decision is being appealed or reviewed. The appeal body shall conduct a "de novo" review of the record and all testimony and shall not be bound by the findings of the original review authority.
E.
Decision and Notice.
1.
After the hearing, the appeal body shall render a decision on the application or refer the matter back for further review.
2.
When a decision is made by the appeal body, the body shall base the decision on findings supported by facts in the record. When a referral is made by the appeal body, the referral shall indicate the absence of facts in the record that prevent the making of a final decision and the need to develop such facts at the original review authority level.
3.
The Commission Secretary or City Clerk of the appeal body shall mail notice of the decision within five (5) working days after the date of the decision to the applicant, and the appellant pursuant to Section 17.06.110 (Type II Public Noticing (Public Hearing)).
(Ord. 13-8 § 4 (Exhs. A, D), 6/11/2013)
§ 17.07.070 Additional Procedures for Appeals to the City Council.
In addition to the foregoing procedures, upon receiving an appeal or initiating a certification of review, the Council may take one (1) of the following additional actions:
A.
Affirm the action of the Commission without holding any hearing on the matter; or
B.
Refer the matter back to the Commission for further proceedings with or without instructions; or
C.
Require a transcript of the testimony and any other evidence relevant to the decision and take such action as in its opinion is indicated by the evidence.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.07.080 Effective Dates.
Unless otherwise specified in this chapter, the following effective dates shall apply to all approved applications issued pursuant to this code:
A.
Except as set forth in subsection (B) of this section, the decision of the Director, Hearing Officer, or the Commission shall be effective on the sixteenth calendar day following the date of the decision, except and unless the decision is timely appealed or a request for a certification of review, where available.
B.
To be timely, an appeal or certification of review shall be filed before the end of the business day on the fifteenth calendar day following the date of the decision. If the fifteenth day falls on a nonbusiness day of the applicable appeal body, in which case, the appeal deadline shall be extended to the next business day and the effective date of the decision shall be the following business day.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.08.010 Purpose.
This chapter establishes procedures for the City to revoke or revise previously approved permits. These include existing land uses which have become public nuisances or are being operated or maintained in violation of this code, approved permit provisions, or any other provision of law. These actions, which supplement the enforcement provisions in the Municipal Code, are intended not only to serve a corrective purpose, but also as a deterrent to violating this code. This chapter does not address modifications to approved permits that are being requested by the permittee.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.08.020 Initiation.
Hearings on revocations or revisions of permits may be initiated:
A.
If the Council collectively instructs the Commission to set the matter for a public hearing; or
B.
Upon the initiative of the Commission; or
C.
Upon the initiative of the Director.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.08.030 Allowable Actions.
A.
Revocations. The City's action to revoke a permit or approval shall have the effect of terminating the permit and denying the privileges granted by the original approval.
B.
Revisions.
1.
The City's action to revise a permit instead of revocation may include revising or changing any permit conditions or operational aspect of the project, including buffers, duration of the permit or entitlement, hours of operation, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, or any other aspect or condition determined to be reasonable and necessary to ensure that the permit is used in a manner consistent with the original findings for approval.
2.
Permit revisions prescribed in this chapter are initiated by the City. Permit revisions requested by the applicant or permittee shall be in compliance with Chapter 17.09 (Minor Permit Modifications).
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.08.040 Project Notice and Required Actions.
A.
Public Hearing. In all cases where a revocation or revision is initiated per Section 17.08.020 (Initiation), a public hearing shall be scheduled before the Commission.
B.
Procedures. Procedures relative to notification, public hearing, and appeal shall comply with Chapter 17.25 (Class IV Applications—Discretionary), unless stated otherwise in this chapter.
C.
Notice. The Director shall give notice to the record owner and the lessee, if applicable, of the real property affected:
1.
To appear at a public hearing at a time and place fixed by the Commission; and
2.
At the public hearing, to show cause why the permit should not be revoked or revised, or why the use, building, or structure should not be modified, discontinued, or removed, as the case may be.
D.
The Commission shall hold a public hearing and shall give notice of such public hearing in compliance with Section 17.06.110 (Type II Public Noticing (Public Hearing)).
E.
The Commission may approve, modify, disapprove, or refer to the Council, a revocation or revision of a permit or approval. Any action shall be supported by the written grounds for the revocation or revisions prescribed in this chapter.
F.
The Commission shall serve a notice of its action in compliance with Section 17.06.160 (Notice of Action and Findings).
G.
At the conclusion of a public hearing, the Commission shall take action on the application. The decision is final unless the decision is appealed to the Council.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.08.050 Grounds for Revocation or Revisions.
A.
For projects originally approved by the Planning Commission, after a public hearing, as provided for in this chapter, the Commission may revoke or revise any approval which has been granted by the review authority, in compliance with either the provisions of this code or on any one (1) or more of the following grounds:
1.
That the use for which such approval was granted and once commenced, is thereafter not being used, has ceased or has been suspended for two (2) years or more;
B.
For projects originally approved by the Director, the Director may make a determination of revocation or revision. After such decision the permittee or party otherwise subject to the determination of revocation or revision may request reconsideration by the Director. Such reconsideration is a less formal process than a hearing and the permittee or party otherwise subject to the determination of revocation or revision may submit additional information in writing to the Director within ten (10) calendar days of notice of revocation or revision for the Director to review. After such reconsideration, the Director may determine, by written notice within ten (10) days of the Director's review, to revoke or revise any approval which has been granted by the Director, on any one (1) or more of the following grounds:
1.
That such approval was obtained by fraud;
2.
That the use for which such approval was granted and once commenced, is not being used, has ceased or has been suspended for two (2) years or more;
3.
That any person making use of or relying upon the permit, variance or other approval is violating or has violated any conditions of such permit, or has been used contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law, or regulation;
4.
That the use for which the approval was granted is being used to be detrimental to the public health or safety, or is a public nuisance; or
5.
Upon final judgment of a court of competent jurisdiction declaring one (1) or more of such conditions to be void or ineffective, or enjoining or otherwise prohibiting the enforcement or operation of one (1) or more conditions of approval, the permit or entitlement shall cease to be valid.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013; Ord. 22-9 § 5 (Exh. A), 7/12/2022)
§ 17.08.060 Nonconforming Uses and Structures.
In addition to the grounds for revocation or revisions contained in Section 17.08.050 (Grounds for Revocation or Revisions), a nonconforming use or structure may be revoked or revised after a public hearing if the Commission finds:
A.
That the condition of the improvements, if any, on the property requires the property be used only for uses permitted in the underlying zone where it is located and would not impair the constitutional rights of any person; and
B.
That the nature of the improvements are such that they can be altered to be used in conformity with the uses permitted in the underlying zone in which such property is located, without impairing the constitutional rights of any person.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.08.070 Commercial and Industrial Uses.
A.
Findings. The Commission may revoke or require a revision of a commercial or industrial use if the Commission finds that as operated or maintained such use:
1.
Jeopardizes or endangers the public health or safety of persons residing or working on the premises or in the surrounding area; or
2.
Constitutes a public nuisance; or
3.
Has resulted in repeated nuisance activities including, but not limited to, disturbances of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, loitering, excessive littering, illegal parking, loud noises in late night or early morning hours, traffic violations, curfew violations, lewd conduct, or police detentions and arrests; or
4.
Violates any provision of any County, State, or Federal regulation, ordinance or statute.
B.
Violation. It shall be unlawful to violate or fail to comply with any requirement or condition imposed by the review authority pursuant to this chapter. Such violation or failure to comply shall constitute a violation of this code and shall be subject to the same penalties as any other violation of this code.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.08.080 Variances and Adjustments.
A variance or adjustment may be revoked or revised by the review authority, if the review authority makes any one (1) of the following findings:
A.
Circumstances under which the original approval was granted have been changed by the applicant to a degree that one (1) or more of the findings cannot be made, and the grantee has not substantially used the rights granted by the variance or adjustment; or
B.
One (1) or more of the conditions of the variance or adjustment have not been met within the time limits prescribed in Section 17.06.230 (Time Limits and Extensions), or have been violated, and the grantee has not substantially used the rights granted by the variance or adjustment.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.08.090 Conditional Use Permit and Minor Use Permit.
Any conditional or minor use permit granted or approved under this code shall be granted or approved, with the City's designated approving authority retaining and reserving the right and jurisdiction to review and to modify the permit—including the conditions of approval—based on changed circumstances. Changed circumstances include, but are not limited to, major modification of the business, a change in scope, emphasis, size, or nature of the business, or the expansion, alteration, reconfiguration, change of use, or impacts to surrounding uses or landowners not previously considered at the time of original approval. These changed circumstances could create nuisances to adjacent uses or the community in general including, but not limited to, litter, noise, traffic, and parking impacts. The reservation of right to review any permit granted or approved under this code by the City's designated approving body is in addition to, and not in lieu of, the right of the City's review authority to review and revoke or modify any permit granted or approved under this code for any violations of the conditions imposed on such permit.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.09.010 Purpose.
This chapter establishes procedures and requirements for minor modifications or elimination of certain condition(s) of a previously approved Class II through Class IV application without requiring a new application.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.09.020 Applicability.
A.
Application. All expansions or minor permit and/or condition modifications of permitted uses or structures, including accessory uses and structures, are subject to the following requirements unless specifically prohibited in the original approval:
1.
Any expansion or other minor modification of a Class II approval requires a determination by the Director that such request is in substantial conformance with the permitted use. Expansions may be subject to development review to the satisfaction of the Director.
2.
A cumulative expansion of ten percent (10%) or less of approved building area or approved site area for a Class III and IV approval shall be permitted by right. Such expansions require a determination by the Director that such request is in substantial conformance with the conditionally permitted use. Expansions may be subject to development review to the satisfaction of the Director.
3.
A cumulative expansion of ten percent (10%) to fifty percent (50%) of approved building area or approved site area for such use shall be subject to a Class III application for both Class III and Class IV approvals.
4.
A cumulative expansion greater than fifty percent (50%) of approved building area or approved site area for such use shall be subject to the approval of a new Class III or Class IV application whichever the appropriate entitlement is.
5.
Modifications to conditional use permits for alcohol sales require the review and approval of a minor use permit.
B.
Prohibited Modifications. Minor permit modifications are prohibited for the following and require a new application to be submitted:
1.
Class IV applications for oak tree permits and the selling of alcohol for both off- and on-site consumption;
2.
Any modification to a variance or adjustment;
3.
Any modification to a Class V application;
4.
Any modification to a Class VI application;
5.
Any modification to a Class VII application; or
6.
A substantial alteration or material deviation from the terms and conditions of the previously approved discretionary permit.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013; Ord. 22-9 § 5 (Exh. A), 7/12/2022)
§ 17.09.030 Findings.
The review authority shall approve the minor permit modification where the applicant substantiates the following findings:
A.
That the required findings for the original application have been satisfied as required by Section 17.06.130 (Findings and Decision);
B.
That approval of the minor permit modification will not substantially alter or materially deviate from the terms and conditions imposed in the granting of the previously approved permit; and
C.
That approval of the minor permit modification is necessary to allow the reasonable operation and use granted in the previously approved permit.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.09.040 Conditions of Approval.
A.
The review authority may impose new conditions deemed reasonable and necessary to ensure that the minor permit modification is in compliance with the findings of the approved permit.
B.
In addition to Section 17.09.020(B) (Prohibited Modifications) and subsection (A) of this section, the review authority shall not modify or eliminate a condition specified as mandatory in this code or a condition which may only be modified pursuant to the approval of a variance.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
