The Class I application is a ministerial process to verify that a proposed use or structure is allowed in the applicable zone, and complies with all of the applicable requirements and development standards. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

A.    Underlying Zones. A Class I application is required to authorize uses identified by Division 5 of this title (Use Classifications and Required Parking) as being permitted in the applicable underlying zone, subject to the approval of a Class I application.

B.    Site Plan as Part of Application. Where a site plan is required in an application for a Class II, III, IV, V or VI application, the site plan shall be considered a part of the application and shall not require separate Class I approval in compliance with this chapter.

C.    Additional Requirements. The Director may require a site plan for any development of land, structure, use, or modification of standards that involves the approval of the Director and supplemental information or material as may be necessary, including revised or corrected copies of any site plan or other document previously submitted. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

Applications for a Class I application shall be in compliance with Sections 17.06.040 (Multiple Applications), 17.06.060 (Application Filing and Withdrawal), 17.06.070 (Fees and Deposits), and 17.06.080 (Initial Application Review). (Ord. 13-8 § 4 (Exh. A), 6/11/13)

The Director shall approve, approve with modifications, refer the request to the Commission, or deny the proposed use, development, or modification as requested in the Class I application and as indicated in the required site plan based on an assessment that the use, development of land and development standards are or are not in compliance with all applicable provisions of this code. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

A.    Notification Requirements. The Director shall notify the applicant of the action taken on the application by first class mail, or other means deemed appropriate by the Director. Such notification may also be hand delivered to the applicant. If the project only requires an approval of the site plan, a stamp, either physical or electronic, shall constitute a notification.

B.    Time Limit for Decision. If the Director takes no action on a Class I application within ninety (90) days from the date of filing, it shall constitute a denial of such application and the Director shall send a notice to the applicant of such action.

C.    Scope of Approvals. Only legally established uses and development, authorized by an approved permit from the Department, may be used on a property per Section 17.06.180 (Scope of Approvals). (Ord. 13-8 § 4 (Exh. A), 6/11/13)

A.    The decision of the Director on a Class I application is effective the date the site plan or letter is stamped or signed.

B.    Appeals shall be filed pursuant to Chapter 17.07 (Appeals or Certification of Review). (Ord. 13-8 § 4 (Exh. A), 6/11/13)

Class I application post-decision procedures shall be in compliance with Sections 17.06.200 (Use of Property before Final Action), 17.06.210 (Approvals Run with the Land), 17.06.220 (Performance Guarantees and Covenants), and 17.06.230 (Time Limits and Extensions). (Ord. 13-8 § 4 (Exh. A), 6/11/13)

Procedures for application filing, review, decision, notice of action, post-decision procedures and time limits for revisions to a site plan shall be the same as for the original site plan approved. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

The Class I application ministerial process shall apply to accessory dwelling units. Accessory dwelling units shall be permitted subject to the requirements of Section 17.57.040(L), Accessory Dwelling Units, and all other relevant sections of this code. Accessory dwelling units shall also comply with all State of California requirements, including California Government Code Sections 65852.2 and 65852.22. (Ord. 21-1 § 6 (Exh. A), 1/26/21)

The Class II application is a discretionary process for reviewing uses that may be appropriate in the applicable underlying zone, but whose effects on a site and surroundings cannot be determined before being proposed for a specific site. Class II applications do not require noticing nor a public hearing unless otherwise stated. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

A.    Underlying Zones. A Class II application is required to authorize uses identified in Division 5 of this title (Use Classifications and Required Parking) as being permitted with a Class II application in the applicable underlying zone.

B.    Other Specific Uses. A Class II application may also be required for use types having unusual site development features or operating characteristics requiring special consideration so that they may be designed, located, and operated compatibly with uses on adjacent properties and in the surrounding area. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

A.    Decision. A Class II application shall be approved or denied by the review authority in compliance with Table 17.06-1 (Review Authority), and any additional requirements or review criteria for a Class II application established in this code.

B.    Referral. The review authority may refer a Class II application to the next higher review authority for consideration and decision. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

Applications for a Class II application shall be in compliance with Sections 17.06.040 (Multiple Applications), 17.06.060 (Application Filing and Withdrawal), 17.06.070 (Fees and Deposits), and 17.06.080 (Initial Application Review). (Ord. 13-8 § 4 (Exh. A), 6/11/13)

The Director shall either approve, approve with conditions, approve with modifications, refer the request to the Commission, or deny the application for a proposed use, modification, or development based on the following:

A.    That the use, development of land, or application of development standards is in compliance with all applicable provisions of this code;

B.    That the use, development of land, or application of development standards, when considered on the basis of the suitability of the site for the particular use or development intended, is so arranged as to avoid traffic congestion, insure the protection of public health, safety, and general welfare, prevent adverse effects on neighboring property and is in conformity with good zoning practice; and

C.    That the use will be consistent with the General Plan. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

Class II application post-decision procedures shall be in compliance with Sections 17.06.160 (Notice of Action and Findings), 17.06.170 (Effective Date of Decision), 17.06.180 (Scope of Approvals), 17.06.190 (Conditions of Approval), 17.06.200 (Use of Property before Final Action), 17.06.210 (Approvals Run with the Land), 17.06.220 (Performance Guarantees and Covenants), 17.06.230 (Time Limits and Extensions), and 17.06.240 (Resubmission of Application). (Ord. 13-8 § 4 (Exh. A), 6/11/13)

Subsections:

A.    Purpose.

B.    Applicability.

C.    Application Filing, Fees, and Project Review.

D.    Findings.

E.    Conditions of Approval.

A.    Purpose. This section establishes procedures and requirements for the construction of permitted structures and uses and the initiation of permitted uses as required by the Director. Through an administrative permit, the Director shall ensure that the project complies with all of the provisions of the code and the General Plan, and other applicable requirements. In order to achieve this, the Director is empowered to grant approval with conditions for uses in zones as prescribed in this code, and to impose reasonable conditions upon the granting of an administrative permit.

B.    Applicability. In order to safeguard and enhance the appearance and quality of development in the City, administrative permit approval shall be required prior to the issuance of any building permit for new single-family homes, additions, and activities or construction of improvements which are permitted at the discretion of the Director. An administrative permit shall be filed as a Class II application, subject to this chapter.

C.    Application Filing, Fees, and Project Review. Applications for an administrative permit shall be in compliance with this chapter. In the case of an administrative permit for the installation of a wireless communication facility in the City right-of-way, a written notice of the application shall be transmitted to Council and Commission.

D.    Findings. The review authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision).

E.    Conditions of Approval. In approving a Class II permit application for an administrative permit, the review authority may impose such conditions as deemed necessary to ensure that the administrative permit will be in accordance with the findings required by subsection (D) of this section (Findings), subject to the performance of such conditions, including the provision of required improvements as the Director shall deem to be reasonable and necessary, or advisable under the circumstances, so that the objectives of the code, General Plan, adopted design guidelines, Commission, and Council policies shall be achieved. Conditions may include, but are not limited to, provisions for or limitations to the following:

1.    In order to ensure the performance of conditions imposed concurrent with the granting or modification of an administrative permit, the applicant may be required to furnish security in the form of money or surety bond in the amount fixed by the authority granting or modifying the administrative permit. Such security shall be furnished as required by this code;

2.    Whenever an administrative permit approval is granted or modified subject to the condition that specified improvements be provided by the applicant, such improvements shall be installed by the applicant and approved and accepted by the City pursuant to local ordinance to make such improvements prior to the time of events specified in the administrative permit. Improvements may include but not be limited to curbs, gutters, landscape medians, sidewalks, street pavement, street lights, street trees, and off-site improvements as deemed necessary by the City;

3.    Such other conditions as the review authority may deem necessary to ensure compatibility of the use with surrounding developments and uses and to preserve the public health, safety, or welfare. (Ord. 13-8 § 4 (Exh. A), 6/11/13; Ord. 15-11 § 5 (Exh. A), 12/8/15; Ord. 21-1 § 6 (Exh. A), 1/26/21)

Subsections:

A.    Purpose.

B.    Applicability.

C.    Application Filing, Fees, and Project Review.

D.    Findings.

E.    Conditions of Approval.

A.    Purpose. This section establishes procedures and requirements for the redesign, renovation, or alteration of existing permitted structures as required by the Director. Through architectural design review, the Director shall ensure that the architecture complies with all of the provisions of the code, the General Plan, and other applicable requirements. In order to achieve this, the Director is empowered to grant approval with conditions for uses in zones as prescribed in this code, and to impose reasonable conditions upon the granting of an architectural design review.

B.    Applicability. In order to safeguard and enhance the appearance and quality of development in the City, architectural design review approval shall be required prior to the issuance of any building permit for additions, alterations, and/or redevelopment of single-family, multifamily, commercial, industrial buildings, and/or parking facilities at the discretion of the Director. An architectural design review shall be filed as a Class II application, subject to this chapter.

C.    Application Filing, Fees, and Project Review. Applications for an architectural design review shall be in compliance with this chapter.

D.    Findings. The review authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision).

E.    Conditions of Approval. In approving a Class II permit application for a architectural design review, the review authority may impose such conditions as deemed necessary to ensure that the architectural design review will be in accordance with the findings required by subsection (D) of this section (Findings), subject to the performance of such conditions, including the provision of required improvements as the Director shall deem to be reasonable and necessary, or advisable under the circumstances, so that the objectives of the code, General Plan, adopted design guidelines, Commission and Council policies shall be achieved. Conditions may include, but are not limited to, provisions for or limitations to the following:

1.    In order to ensure the performance of conditions imposed concurrent with the granting or modification of an architectural design review, the applicant may be required to furnish security in the form of money or surety bond in the amount fixed by the authority granting or modifying the architectural design review. Such security shall be furnished as required by this code;

2.    Whenever an architectural design review approval is granted or modified subject to the condition that specified improvements be provided by the applicant, such improvements shall be installed by the applicant and approved and accepted by the City pursuant to local ordinance to make such improvements prior to the time of events specified in the architectural design review approval;

3.    Whenever an architectural design review approval is granted or modified subject to the condition that specified improvements be provided by the applicant, such improvements shall be installed by the applicant and approved and accepted by the City pursuant to local ordinance to make such improvements prior to the time of events specified in the architectural design review approval. Improvements may include but not be limited to curbs, gutters, landscape medians, sidewalks, street pavement, street lights, street trees, and off-site improvements as deemed necessary by the City;

4.    Such other conditions as the review authority may deem necessary to ensure compatibility of the use with surrounding developments and uses and to preserve the public health, safety, or welfare. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

Subsections:

A.    Purpose.

B.    Applicability.

C.    Application Filing, Fees, and Project Review.

D.    Findings.

E.    Conditions of Approval.

A.    Purpose. This section establishes procedures and requirements for the construction of permitted structures and the initiation of permitted uses. Through development review, the Director shall ensure that the project complies with all of the provisions of the code, the General Plan, and other applicable requirements. In order to achieve this, the Director is empowered to grant approval with conditions for uses in zones as prescribed in this code, and to impose reasonable conditions upon the granting of a development review.

B.    Applicability. In order to safeguard and enhance the appearance and quality of development in the City, development review approval shall be required prior to the issuance of any building permit for single-family subdivision developments, multiple-family developments, mobilehome parks, commercial, or industrial establishments, including additions, major alterations, and/or redevelopment thereof, at the discretion of the Director. A development review shall be filed as a Class II application, subject to this chapter.

C.    Application Filing, Fees, and Project Review. Applications for a development review shall be in compliance with this chapter.

D.    Findings. The review authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision).

E.    Conditions of Approval. In approving a Class II permit application for a development review, the review authority may impose such conditions as deemed necessary to ensure that the development review will be in accordance with the findings required by subsection (D) of this section (Findings), subject to the performance of such conditions, including the provision of required improvements as the Director shall deem to be reasonable and necessary, or advisable under the circumstances, so that the objectives of the code, General Plan, adopted design guidelines, Commission, and Council policies shall be achieved. Conditions may include, but are not limited to, provisions for or limitations to the following:

1.    In order to ensure the performance of conditions imposed concurrent with the granting or modification of a development review, the applicant may be required to furnish security in the form of money or surety bond in the amount fixed by the authority granting or modifying the development review. Such security shall be furnished as required by this code;

2.    Whenever a development review approval is granted or modified subject to the condition that specified improvements be provided by the applicant, such improvements shall be installed by the applicant and approved and accepted by the City pursuant to local ordinance to make such improvements prior to the time of events specified in the development review approval. Improvements may include but not be limited to curbs, gutters, landscape medians, sidewalks, street pavement, street lights, street trees, and off-site improvements as deemed necessary by the City;

3.    Such other conditions as the review authority may deem necessary to ensure compatibility of the use with surrounding developments and uses and to preserve the public health, safety, or welfare; and

4.    Whenever a development review application is approved or modified by the approving authority subject to a condition or conditions, use or enjoyment of the development review approval in violation of or without observance of any such conditions shall constitute a violation of the code and project approval may be revoked or modified as provided in Chapter 17.08 (Revocations and Revisions). (Ord. 13-8 § 4 (Exh. A), 6/11/13)

Subsections:

A.    Purpose.

B.    Applicability.

C.    Application Filing, Fees, and Project Review.

D.    Project Notice and Required Actions.

E.    Findings.

A.    Purpose. This section establishes procedures and requirements for development on hillside properties. It is the intent of this section to regulate the development and alteration of hillside areas, to minimize the adverse effects of hillside development.

B.    Applicability. The provisions of this section shall be applied to parcels of land having average cross slopes of ten percent (10%) or more as determined to be applicable by the Director, and shall be subject to the issuance of a permit for hillside development review.

C.    Application Filing, Fees, and Project Review. Applications for a hillside development review shall be in compliance with this chapter and Chapter 17.25 (Class IV Applications—Discretionary) as determined below:

1.    Director Level Review (Class II Application). The Director shall review all site development applications and shall impose conditions deemed appropriate when one (1) or more of the following activities are proposed:

a.    Development activities on natural slopes which are greater than ten percent (10%) average but less than fifteen percent (15%) average on all or part of the developable portions of the site;

b.    Grading excavations or fills or any combination thereof equal to or exceeding one hundred (100) cubic yards, but less than one thousand five hundred (1,500) cubic yards; or

c.    Projects that require minor grading or are limited in scope such as those regarding yard areas for pool/spa construction, landscaping, additions to existing structures or construction of accessory structures may be approved by the Director through a grading permit or building permit without hillside development review. Projects which require grading of large, flat areas, such as tennis courts or riding rings, may be reviewed by the Director when consistent with this code.

2.    Commission Review (Class IV Application). The Commission shall review hillside development review applications and shall impose conditions deemed appropriate when one (1) or more of the following occurs:

a.    Development activities on natural slopes which are greater than fifteen percent (15%) average on all or part of the developable portions of the site;

b.    Grading excavations or fills, or any combination thereof, exceeding one thousand five hundred (1,500) cubic yards; or

c.    The proposed project includes a Class IV, V, VI or VII application;

D.    Project Notice and Required Actions. The notice of the public hearing for a Class IV application shall be in compliance with Section 17.06.110 (Type II Public Noticing (Public Hearing)).

E.    Findings. The review authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision) in addition to the following findings, where applicable:

1.    That the natural topographic features and appearances are conserved by means of landform grading to blend any manufactured slopes or required drainage benches into the natural topography;

2.    That natural, topographic prominent features are retained to the maximum extent possible;

3.    That clustered sites and buildings are utilized where such techniques can be demonstrated to substantially reduce grading alterations of the terrain and to contribute to the preservation of trees, other natural vegetation and prominent landmark features and are compatible with existing neighborhood;

4.    That building setbacks, building heights and compatible structures and building forms that would serve to blend buildings and structures with the terrain are utilized;

5.    That plant materials are conserved and introduced so as to protect slopes from slippage and soil erosion and to minimize visual effects of grading and construction on hillside areas, including the consideration of the preservation of prominent trees and, to the extent possible, while meeting the standards of the Fire Department;

6.    That street design and improvements that serve to minimize grading alterations and emulate the natural contours and character of the hillsides are utilized;

7.    That grading designs that serve to avoid disruption to adjacent properties are utilized; and

8.    That site design and grading that provide the minimum disruption of view corridors and scenic vistas from and around any proposed development are utilized. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

Subsections:

A.    Purpose.

B.    Applicability.

C.    Application Filing, Fees, and Project Review.

D.    Findings.

E.    Conditions of Approval.

A.    Purpose. This section establishes procedures and requirements for the use of an existing residential unit to have a home occupation as an accessory use. Through a home occupation permit, the Director shall ensure that the project complies with all of the provisions of the code, the General Plan and other applicable requirements. In order to achieve this, the Director is empowered to grant approval with conditions for uses in zones as prescribed in this code, and to impose reasonable conditions upon the granting of a home occupation permit.

B.    Applicability. In order to safeguard existing neighborhoods, the home occupation permit process will establish provisions for the use of an existing residential unit with an appropriate accessory home occupation subject to development standards in Chapter 17.65 (Home Occupations). A home occupation permit shall be filed as a Class II application, subject to this chapter.

C.    Application Filing, Fees, and Project Review. Applications for a home occupation permit shall be in compliance with this chapter.

D.    Findings. The review authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision).

E.    Conditions of Approval. In approving a Class II permit application for a home occupation permit, the review authority may impose such conditions as deemed necessary to ensure that the home occupation permit will be in accordance with the findings required by subsection (D) of this section (Findings), subject to the performance of such conditions, including the provision of required improvements as the Director shall deem to be reasonable and necessary, or advisable under the circumstances, so that the objectives of the code, General Plan, adopted design guidelines, Commission and Council policies shall be achieved. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

Subsections:

A.    Purpose.

B.    Applicability.

C.    Application Filing, Fees, and Project Review.

D.    Findings.

E.    Conditions of Approval.

A.    Purpose. This section establishes procedures and requirements for the installation of any new landscaping, and the redesign, renovation, or alteration of existing landscaping as required by the Director. Through landscape plan review, the Director shall ensure that the landscaping complies with all of the provisions of the code and the General Plan and other applicable requirements. In order to achieve this, the Director is empowered to grant approval with conditions for uses in zones as prescribed in this code, and to impose reasonable conditions upon the granting of landscape plan reviews.

B.    Applicability. In order to safeguard and enhance the appearance and quality of development in the City, landscape plan review approval shall be required prior to the issuance of any grading and/or building permit for additions, alterations, and redevelopment of single-family, multifamily, commercial, industrial buildings, and/or parking facilities at the discretion of the Director. A landscape plan review shall be filed as a Class II application, subject to this chapter.

C.    Application Filing, Fees, and Project Review. Applications for a landscape plan review shall be in compliance with this chapter.

D.    Findings. The review authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision).

E.    Conditions of Approval. In approving a Class II permit application for a landscape plan review, the review authority may impose such conditions as deemed necessary to ensure that the landscape plan review will be in accordance with the findings required by subsection (D) of this section (Findings), subject to the performance of such conditions, including the provision of required improvements as the Director shall deem to be reasonable and necessary, or advisable under the circumstances, so that the objectives of the code, General Plan, adopted design guidelines, Commission, and Council policies shall be achieved. Conditions may include, but are not limited to, provisions for or limitations to the following:

1.    In order to ensure the performance of conditions imposed concurrent with the granting or modification of a landscape plan review, the applicant may be required to furnish security in the form of money or surety bond in the amount fixed by the authority granting or modifying the landscape plan review. Such security shall be furnished as required by this code;

2.    Whenever a landscape plan review approval is granted or modified, subject to the condition that specified improvements be provided by the applicant, such improvements shall be installed by the applicant, and approved and accepted by the City, pursuant to local ordinance to make such improvements prior to the time of events specified in the landscape plan review approval;

3.    Whenever a landscape review plan application is approved or modified by the approving authority subject to a condition or conditions, use, or enjoyment of the landscape plan review approval in violation of, or without observance of any such conditions, shall constitute a violation of the code and project approval may be revoked or modified as provided in Chapter 17.08 (Revocations and Revisions); and

4.    Such other conditions as the review authority may deem necessary to ensure compatibility of the use with surrounding developments and uses and to preserve the public health, safety, or welfare. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

Subsections:

A.    Purpose.

B.    Applicability.

C.    Application Filing, Fees, and Project Review.

D.    Findings.

E.    Standards of Approval.

A.    Purpose. This section establishes procedures and requirements for the modification of an existing lot line or lot lines. Through a lot line adjustment, the Director shall ensure that the project complies with all of the provisions of the code, the Subdivision Map Act, the General Plan, and other applicable requirements. In order to achieve this, the Director is empowered to grant approval with modifications for lot line adjustments in zones as prescribed in this code and the Subdivision Map Act.

B.    Applicability. The provisions of this section shall be applicable to the modification of a lot line, or lot lines, between four (4) or fewer contiguous existing parcels where the land taken from one (1) parcel is added to an adjacent parcel or parcels and where a greater number of parcels than originally existed are not thereby created. In the case of a modification of the lot lines that affect more than four (4) parcels under common ownership within a subdivision even if submitted as separate lot line adjustments, an application and approval of a parcel map or tract map will be required per Section 17.25.110 (Tentative Subdivision Maps). A lot line adjustment shall be filed as a Class II application, subject to this chapter.

C.    Application Filing, Fees, and Project Review. Applications for a lot line adjustment shall be in compliance with this chapter. In addition, prior to submittal of the request for lot line adjustment, a recorded “Unconditional Certificate of Compliance” shall be required for each existing parcel not complying with the provisions of the Subdivision Map Act, as determined by the City Engineer.

The City shall not impose conditions or exactions on its approval of a lot line adjustment except to conform to the General Plan, zoning, and building ordinances, to require the prepayment of real property taxes prior to the approval of the lot line adjustment, or to facilitate the relocation of existing utilities, infrastructure, or easements. No tentative map, parcel map, or tract map shall be required as a condition to the approval of a lot line adjustment.

D.    Findings. The review authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision).

E.    Standards of Approval. In approving a Class II permit application for a lot line adjustment, the review authority may impose such standards as deemed necessary to ensure that the lot line adjustment review will be in accordance with the findings required by subsection (D) of this section (Findings) and the Subdivision Map Act. Standards include, but are not limited to, provisions for, or limitations to, the following:

1.    The existing parcels are contiguous;

2.    The existing parcels comply with the provisions of the Subdivision Map Act, as determined by the City Engineer;

3.    A greater number of parcels than originally existed will not be created;

4.    The adjusted parcels will comply with the goals and policies of the General Plan, provisions of the code and zoning, and any other applicable statutes or regulations. Pre-existing, nonconforming lots or parcels may be merged into a single nonconforming parcel at the discretion of the Director;

5.    The adjusted configuration of the parcels will be in accord with the established neighborhood lot design patterns and will not violate good planning practices;

6.    There will be no impairment of any existing access or creation of a need for any new access to any adjacent parcels;

7.    There will be no impairment to any existing easements or creation of a need for any new easements serving any adjacent parcels;

8.    There will be no need to require substantial alteration to any existing improvements or create the need for any new improvements;

9.    There is no adjustment of the boundary between existing parcels for which a covenant of improvement requirements has been recorded and all required improvements stated therein have not been completed unless the City Engineer determines the proposed boundary adjustment will not significantly affect said covenant of improvement requirements; and

10.    Parcels to be created by the lot line adjustment or merger which contain an average cross slope of ten percent (10%) or greater may be required to comply with Section 17.51.020 (Hillside Development) prior to or concurrently with the lot line adjustment. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

Subsections:

A.    Purpose.

B.    Applicability.

C.    Application Filing, Fees, and Project Review.

D.    Project Notice and Required Actions.

E.    Findings.

A.    Purpose. This section establishes procedures and requirements to protect and preserve oak trees in the City and to provide regulatory measures designed to accomplish this purpose.

B.    Applicability. The provisions of this chapter shall be applied to the removal, relocation, encroachment, or impacting of any oak tree as determined to be applicable by the Director, and shall be subject to the issuance of an oak tree permit.

C.    Application Filing, Fees, and Project Review. Applications for an oak tree permit shall be in compliance with this chapter and Chapter 17.25 (Class IV Applications—Discretionary) as determined below:

1.    Director Level Review (Class II Application). The Director shall review all Class II oak tree permit applications and shall impose conditions deemed appropriate when one (1) or more of the following activities are proposed:

a.    A request for the removal of three (3) or fewer oak trees on a single parcel excluding the removal of any tree designated as a heritage oak tree;

b.    A request for the removal of five (5) or fewer oak trees, excluding the removal of any tree designated as a heritage oak tree, when the applicant is the owner of a single-family residence and the trees in question are on the same parcel;

c.    A request for pruning of oak trees, unless otherwise exempted by this code;

d.    A request for encroachment of oak trees, unless otherwise exempted by this code; or

e.    The Director may refer any request for an oak tree permit directly to the Commission if the Director determines that special circumstances may exist with regard to the status of the tree(s), special community interest, or exceptional aesthetic, environmental or historical value.

2.    Commission Review (Class IV Application). The Commission shall review all Class IV oak tree permit applications and shall impose conditions deemed appropriate when one (1) or more of the following occurs:

a.    A request for the removal of four (4) or more oak trees on a single parcel;

b.    A request for the removal of six (6) or more oak trees when the applicant is the owner of a single-family residence and the trees in question are on the applicant’s lot;

c.    The proposed project includes a Class IV, V, VI or VII application; or

d.    The removal of any oak tree designated as a heritage oak tree.

D.    Project Notice and Required Actions. The notice of the public hearing for a Class IV application shall be in compliance with Section 17.06.110 (Type II Public Noticing (Public Hearing)).

E.    Findings. The approving authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision) in addition to the following required findings:

1.    The approving authority shall make one (1) or more of the following findings before granting an oak tree permit:

a.    The condition or location of the oak tree(s) requires cutting to maintain or aid its health, balance, or structure;

b.    The condition of the tree(s) with respect to disease, danger of falling, proximity to existing lots, pedestrian walkways or interference with utility services cannot be controlled or remedied through reasonable preservation and/or preventative procedures and practices;

c.    It is necessary to remove, relocate, prune, cut or encroach into the protected zone of an oak tree to enable reasonable use of the subject property which is otherwise prevented by the presence of the tree and no reasonable alternative can be accommodated due to the unique physical development constraints of the property; or

d.    The approval of the request will not be contrary to or in conflict with the general purpose and intent of the code.

2.    No heritage oak tree shall be removed unless one (1) or more of the above findings are made and the review authority also finds that the heritage oak tree’s continued existence would prevent any reasonable development of the property and that no reasonable alternative can be accommodated due to the unique physical constraints of the property. It shall further be found that the removal of such heritage oak tree will not be unreasonably detrimental to the community and surrounding area. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

Subsections:

A.    Purpose.

B.    Applicability.

C.    Application.

D.    Findings.

E.    Concurrent Review with Other Applications.

F.    Notice of Decision.

G.    Expiration of Reasonable Accommodation.

H.    Recorded Agreement.

I.    Appeals.

J.    Waiver of Fees.

A.    Purpose. This section implements part of the City’s General Plan housing element and provides a procedure for individuals with disabilities to request reasonable accommodations, consistent with the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act, as those Reasonable Accommodation Acts are amended from time to time. The sole intent of this section is to ensure that individuals with disabilities have an equal opportunity to use and enjoy housing by allowing an accommodation(s) with respect to certain City regulations, policies, procedures, and standards if said accommodation(s) are both reasonable and necessary to provide such equal opportunity without compromising the City commitment to protecting community character and environmental quality.

B.    Applicability. The provisions of this section shall apply to all requirements of this code as well as all other regulations, policies, procedures, and standards regulated by the Department.

C.    Application. Any individual with a disability, someone acting on their behalf, or a provider or developer of housing for individuals with disabilities, desiring to obtain a reasonable accommodation in accordance with this section shall file a Class II application with the Director. Information requested on the application shall be provided on the checklist as provided by the City. The Director may request additional information as they deem reasonably necessary where such request is consistent with the Reasonable Accommodation Acts and the privacy rights of the individual with a disability. All procedures for processing the application shall be in compliance with Chapter 17.06 (Common Procedures), except where otherwise stated in this section.

D.    Findings. The findings for a request for reasonable accommodation are as follows:

1.    Where a request for a reasonable accommodation is sought in connection with a reasonable accommodation residential use for which no other concurrent application for entitlement is required, the Director shall grant the request based upon the following findings, which they shall make in writing:

a.    The requested accommodation is intended to be used by an individual with a disability who resides or will reside on the property;

b.    The requested accommodation is necessary to afford an individual with a disability equal opportunity to use and enjoy a residential use;

c.    The requested accommodation will not impose an undue financial or administrative burden on the City; and requested accommodation will not require a fundamental alteration in the nature of the land use and zoning of the City.

2.    The Director shall deny a request for a reasonable accommodation where the findings set forth in subsection (D)(1) of this section (Findings) cannot be substantiated, and shall make written findings to that effect.

3.    Any reasonable accommodation approval shall include the requirement that such accommodation be removed when it is no longer necessary for the original purpose granted, unless, in the reasonable discretion of the Director, it is so physically integrated into the property or the improvements thereon that the cost or effort to remove it would create an unreasonable hardship.

E.    Concurrent Review with Other Applications. When a request for reasonable accommodation is filed in conjunction with an application for another application, variance, or any other discretionary land use entitlement, the approving authority shall grant or deny a request for a reasonable accommodation concurrently with the decision rendered for such application, variance, or other discretionary land use entitlement, and shall make findings addressing the criteria set forth in subsection (D) of this section (Findings).

F.    Notice of Decision.

1.    The Director shall notify the applicant by mail of the action taken on an application for reasonable accommodation; said notice shall include the following:

a.    Notices of decision on applications considered by the Director pursuant to subsection (D) of this section (Findings) shall be issued within thirty (30) days of the date of the application, or within an extended period as mutually agreed upon, in writing, by the applicant and the Director. In addition to the applicant, a copy of the notice of decision by the Director shall be provided by mail to the property owner;

b.    Notices of decision on applications considered by an approving authority in conjunction with another land use entitlement application, pursuant to Section 17.06.040 (Multiple Applications), shall be provided along with the decision for such other entitlement, in accordance with the requirements for such other entitlement. In addition to any other persons required to receive notice of an action on the related entitlement application, a copy of the notice of decision shall also be provided by mail to the property owner.

2.    The notice of decision shall include notice of the right to appeal, as set forth in Chapter 17.07 (Appeals or Certification of Review).

G.    Expiration of Reasonable Accommodation.

1.    A reasonable accommodation which is not used within the time specified in the notice of decision or, if no time is specified, within two (2) years after the date of grant of the reasonable accommodation, shall expire and be of no further effect, except that:

a.    In cases in which the Director granted the original reasonable accommodation, the Director may extend the time as indicated in Section 17.06.230 (Time Limits and Extensions); and

b.    In the case of a reasonable accommodation granted concurrently and in conjunction with another land use entitlement, the approving authority may extend the time to use it to correspond with any extensions granted for the use of such related entitlements.

2.    A reasonable accommodation shall be considered used within the intent of this section when construction, development, or use authorized by such reasonable accommodation, that would otherwise have been prohibited in the absence of an accommodation being granted, has commenced.

3.    A reasonable accommodation shall automatically cease to be of any further force and effect if the use for which such accommodation was granted has ceased or has been suspended for a consecutive period of two (2) or more years and may be required to be physically removed in accordance with subsection (D) of this section (Findings).

H.    Recorded Agreement.

1.    The approving authority may require the applicant to record with the Registrar-Recorder/County Clerk an agreement that the reasonable accommodation granted will be maintained in accordance with the terms of the reasonable accommodation and this section as a covenant running with the land for the benefit of the City in those instances described in subsection (H)(2) of this section. The recorded agreement shall also provide that any violation thereof shall be subject to the enforcement procedures of this code and the Municipal Code.

2.    The approving authority may require the recorded agreement, as described in subsection (H)(1) of this section, if:

a.    The accommodation is physically integrated on the property and cannot feasibly be removed or altered, and the structure would otherwise be subject to Chapter 17.05 (Legal Nonconforming Uses, Lots and Structures); or

b.    The accommodation is temporary and required to be discontinued or no longer maintained in compliance with this section.

3.    The approving authority may authorize termination of the agreement to maintain the reasonable accommodation, as described in subsection (A) of this section, after making written findings that the lot is in compliance with all applicable land use and zoning regulations.

4.    The property owner is required to record the termination or release of any agreement provided by this subsection.

I.    Appeals.

1.    An appeal regarding a decision to grant or deny reasonable accommodation shall be made in writing, pursuant to the procedures and the time limits established in Chapter 17.07 (Appeals or Certification of Review).

2.    All decisions on an appeal shall address and be based upon the same findings required by subsection (D) of this section (Findings).

3.    Decisions on an appeal of a decision made by a review authority, made in conjunction with other land use entitlements, as set forth in Section 17.06.040 (Multiple Applications), shall be effective on the same date as is provided for an appeal of the related land use entitlement and any further rights of appeal will be the same as is provided for an appeal of the related land use entitlement.

J.    Waiver of Fees. An applicant requesting a reasonable accommodation shall not be required to pay the City environmental assessment fee if the project that is the subject of said request qualifies for either a categorical exemption or statutory exemption under the California Environmental Quality Act. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

Subsections:

A.    Purpose.

B.    Applicability.

C.    Application Filing, Fees, and Project Review.

D.    Findings.

E.    Conditions of Approval.

A.    Purpose. This section establishes procedures and requirements for the installation of any new signage. Through sign review, the Director shall ensure that the signage complies with all of the provisions of the development code, the General Plan, and other applicable requirements. In order to achieve this, the Director is empowered to grant approval with conditions for signage in zones as prescribed in this code, and to impose reasonable conditions upon the granting of a sign review.

B.    Applicability. In order to safeguard and enhance the appearance and quality of development in the City, sign review approval shall be required prior to the issuance of any installation and/or permit for any signage at the discretion of the Director. A sign review shall be filed as a Class II application, subject to this chapter.

C.    Application Filing, Fees, and Project Review. Applications for a sign review shall be in compliance with this chapter.

D.    Findings. The approving authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision) in addition to the following required findings:

1.    Complies with all applicable design guidelines;

2.    Would not interfere with pedestrian or vehicular safety;

3.    Would not detract from the character of a historic or architecturally significant structure;

4.    Would not be located so as to have a negative impact on the visibility or aesthetic appearance of any adjacent property;

5.    Would not detract from the pedestrian quality of the street or area;

6.    Would not add to or create an over-proliferation of signs on a particular property; and

7.    Would enhance the overall development, be in harmony with, and relate visually to other signs on site, to the structures or developments they identify, and to surrounding development.

E.    Conditions of Approval. In approving a Class II permit application for a sign review, the approving authority may impose such conditions as deemed necessary to ensure that the sign review will be in accordance with the findings required by subsection (D) of this section (Findings), subject to the performance of such conditions, including the provision of required improvements as the approving authority shall deem to be reasonable and necessary, or advisable under the circumstances, so that the objectives of the development code, General Plan, adopted design guidelines, Commission and Council policies shall be achieved. Conditions may include, but are not limited to, provisions for or limitations to the following:

1.    In order to ensure the performance of conditions imposed concurrent with the granting or modification of a sign review, the applicant may be required to furnish security in the form of money or surety bond in the amount fixed by the authority granting or modifying the sign plan. Such security shall be furnished as required by this code;

2.    Whenever a sign review approval is granted, or modified, subject to the condition that specified improvements be provided by the applicant, such improvements shall be installed by the applicant and approved and accepted by the City pursuant to local ordinance to make such improvements prior to the time of events specified in the sign review approval; and

3.    Such other conditions as the approving authority may deem necessary to ensure compatibility of the use with surrounding developments and uses and to preserve the public health, safety, or welfare. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

Subsections:

A.    Purpose.

B.    Applicability.

C.    Application Filing, Fees and Project Review.

D.    Project Notice and Required Actions.

E.    Findings.

F.    Conditions of Approval.

G.    Extension or Modification of Limitations.

H.    Successive Permits.

A.    Purpose. This section establishes procedures and requirements for temporary activities and events that may not otherwise be allowed in the underlying zones, but may be acceptable because of their limited or temporary nature. This section also establishes procedures for both short-term and extended-term special events.

B.    Applicability. Where this section prescribes regulations more restrictive than the zone in which a use or conditional use is permitted, the provisions of this section shall apply. A temporary use permit shall be applicable as follows:

1.    A temporary use permit for a short-term temporary use or event shall be filed as a Class II application, subject to this chapter, as listed in Chapter 17.67 (Temporary Uses).

2.    Extended-Term Temporary Use Permit. A temporary use permit for an extended term shall be filed as a Class IV application, subject to Chapter 17.25 (Class IV Applications—Discretionary), except that outside display or sales of goods, equipment, merchandise or exhibits in commercial zones shall not be authorized for an extended term.

C.    Application Filing, Fees and Project Review. Applications for a temporary use permit shall be in compliance with this chapter for a standard temporary use permit and Chapter 17.25 (Class IV Applications—Discretionary) for extended-term temporary use permits.

D.    Project Notice and Required Actions. The notice of the public hearing for an extended-term temporary use permit shall be in compliance with Section 17.06.110 (Type II Public Noticing (Public Hearing)).

E.    Findings. The approving authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision) in addition to the following required findings:

1.    That adequate temporary parking to accommodate vehicular traffic to be generated by such use will be available either on site or at alternate locations acceptable to the Director in any case where such temporary use is proposed for a period longer than one (1) weekend or three (3) consecutive days;

2.    That approval of a temporary use permit will not result in the use of a lot for a cumulative time period in excess of the maximum time period such temporary use may be authorized during any twelve (12) month period, except where a longer period is specifically approved in accordance with the provisions of subsection (B)(2) of this section (Extended-Term Temporary Use Permit); and

3.    In addition, the following findings shall be required for the approval of an extended-term temporary use permit:

a.    That adequate public and private facilities such as utilities, parking spaces, and traffic circulation measures are, or will be, provided for the proposed use;

b.    That the proposed location, size, design, and operating characteristics of the proposed use are in accordance with the purpose of this development code, the purpose of the zone in which the site is located, the General Plan, and the development policies and standards of the City;

c.    That the use and its associated structures and facilities will not be detrimental to the public health or safety, the general welfare, or the environment;

d.    That the use and facilities will not adversely affect or conflict with adjacent uses, or impede the normal development of surrounding properties; and

e.    The extended-term temporary use permit shall not exceed a period of five (5) years.

F.    Conditions of Approval. In approving a Class II temporary use permit or Class IV extended-term temporary use permit, the approving authority may impose such conditions as deemed necessary to ensure that the permit will be in accordance with the findings required by subsection (E) of this section (Findings). Conditions imposed by the approving authority may involve any pertinent factors affecting the operation of the use for which such temporary use permit is requested. Conditions may include, but are not limited to, provisions for or limitations to the following:

1.    In approving an application for a temporary use permit or extended-term temporary use permit, the approving authority may impose such conditions as they deem necessary to ensure that the permit will be in accord with the findings required by Section 17.06.130 (Findings and Decision). These conditions may involve any pertinent factors affecting the operation of such special event or use including but not limited to:

a.    Requirement of temporary parking facilities including vehicular access and egress;

b.    Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination of adjacent properties, noise, vibrations, smoke, dust, dirt, odors, gases, garbage and heat;

c.    Requirement of noise mitigation, when necessary, to reduce potential noise impacts to adjacent sensitive uses, which may include notification to affected residents and other means as appropriate;

d.    Regulation of temporary buildings, structures, and facilities including placement, height and size, limitations on commercial rides or other equipment permitted, the location of open spaces including buffer areas and other yards, and signs;

e.    Regulation of operating hours and days including limitation of the duration of such temporary use to a shorter or longer time period than the maximum period authorized;

f.    Requirement of a performance bond or other surety device to assure that any temporary facilities or structures used for such proposed temporary use will be removed from the site within one (1) week following such event and the property restored to a neat condition. The Director may designate a different time period and/or require cleanup of additional surrounding property at their discretion;

g.    Requirement of a site plan indicating all details and data as prescribed in this code;

h.    Requirement that the approval of the requested temporary use permit is contingent upon compliance with applicable provisions of other City ordinances;

i.    Such other conditions as will make possible the operation of the proposed temporary use in an orderly and efficient manner and in accord with the intent and purpose of this code.

2.    In addition to such other conditions as the approving authority may impose, it shall also be deemed a condition of every temporary use permit, whether such condition is set forth in the temporary use permit or not, that such approval shall not authorize the construction, establishment, alteration, moving onto, or enlargement of, any permanent building, structure, or facility.

3.    The Director in approving a temporary use permit for the outside display or sales of goods, equipment, merchandise, or exhibits may permit a temporary banner, limited in time for the duration granted in the permit, at any location on the subject property deemed appropriate. However, in no event shall the Director authorize a banner that exceeds sixty (60) square feet of total sign area.

4.    In the granting of a temporary use permit, the review authority may authorize temporary use of parking and related facilities established to serve permanent uses as follows; provided, that such temporary usage is specifically recognized in the temporary use permit:

a.    Joint usage of required automobile parking facilities established to serve a permanent use, provided the owner or occupant of the permanent use or their authorized legal representative submits written consent, and it is determined by the approving authority that such joint utilization will not have a substantially detrimental effect on the surrounding area;

b.    Temporary occupation by a temporary use of a portion of parking facilities or structures established to serve a permanent use provided the owner or occupant of such use or their authorized legal representative submits written consent, and it is determined that such joint utilization will not have a substantially detrimental effect on the surrounding area;

c.    The temporary reduction in required parking for such permanent use shall not be construed to require a variance with respect to parking requirements of this code.

G.    Extension or Modification of Limitations. Upon written application, the Director may extend the time within which temporary uses may be operated for up to a total of one (1) year for a temporary use permit and five (5) years for an extended-term temporary use permit, or may modify the limitations under which such uses may be conducted if the Director determines that such extension or modification is in accordance with this code. Should a reasonable case be presented to the Director that there is a public nuisance created as a result of the temporary use permit, additional review in the form of a noticed public hearing before the Commission may be required. At that hearing, additional conditions may be imposed to mitigate any nuisance, or the temporary use permit may be revoked in accordance with the provisions of this code.

H.    Successive Permits. After the submission of a new application, the Director may allow successive applications for temporary use permits for a like use on the same parcel of land. (Ord. 13-8 § 4 (Exhs. A, D), 6/11/13)

The Class III application is a discretionary process for reviewing uses that may be appropriate in the applicable underlying zone, but whose effects on a site and surroundings cannot be determined before being proposed for a specific site. Class III applications require public notification, but do not require a hearing unless one is requested. (Ord. 13-8 § 4 (Exh. A), 6/11/13; Ord. 17-10 § 5 (Exh. A), 7/11/17)

A.    Underlying Zones. A Class III application is required to authorize uses identified in Division 5 of this title (Use Classifications and Required Parking) as being allowed in the applicable underlying zone, subject to the approval of a Minor Use Permit or other Class III applications.

B.    Other Specific Uses or Standards. A Class III application may also be required for use or structure types having unusual site development features or operating characteristics requiring special consideration so that they may be designed, located, and operated compatible with uses on the same or adjacent properties and in the surrounding area. (Ord. 13-8 § 4 (Exh. A), 6/11/13; Ord. 17-10 § 5 (Exh. A), 7/11/17)

A.    General Requirements. A Class III application shall be approved, conditionally approved, or denied by the review authority in compliance with Table 17.06-1 (Review Authority), and any additional requirements or review criteria for a Class III review established in this code.

B.    Referral. The Director may refer a Class III application to the Hearing Officer for consideration and decision. (Ord. 13-8 § 4 (Exh. A), 6/11/13; Ord. 17-10 § 5 (Exh. A), 7/11/17)

Applications for a Class III application shall be in compliance with Sections 17.06.040 (Multiple Applications), 17.06.060 (Application Filing and Withdrawal), 17.06.070 (Fees and Deposits), 17.06.080 (Initial Application Review), and 17.06.090 (Project Evaluation and Staff Reports). (Ord. 13-8 § 4 (Exh. A), 6/11/13; Ord. 17-10 § 5 (Exh. A), 7/11/17)

The Department shall provide notice of the request in compliance with Section 17.06.100 (Type I Public Noticing) on a Class III application before taking any action. (Ord. 13-8 § 4 (Exh. A), 6/11/13; Ord. 17-10 § 5 (Exh. A), 7/11/17)

A.    Approval. The approving authority may approve a Class III application if:

1.    No valid written requests for an administrative hearing, pursuant to subsection (D) of this section, are received within the period specified; and

2.    The findings, principles, and standards of Section 17.06.130 (Findings and Decision) are substantiated.

B.    Referral. The Director shall refer a Class III application to the Hearing Officer for consideration if, during the public noticing period, a request for a hearing is filed with the Director.

C.    Denial. The approving authority shall deny the Class III application if the findings, principles, or standards of Section 17.06.130 (Findings and Decision) are not substantiated.

D.    Written Requests. The written requests for a public hearing shall be based on issues of significance directly related to the application; provision of evidence that the request cannot meet one (1) or more of the findings, principles, or standards identified in Section 17.06.130 (Findings and Decisions) in order to be considered valid. (Ord. 13-8 § 4 (Exh. A), 6/11/13; Ord. 17-10 § 5 (Exh. A), 7/11/17)

Class III application post-decision procedures shall be in compliance with Sections 17.06.160 (Notice of Action and Findings), 17.06.170 (Effective Date of Decision), 17.06.180 (Scope of Approvals), 17.06.190 (Conditions of Approval), 17.06.200 (Use of Property before Final Action), 17.06.210 (Approvals Run with the Land), 17.06.220 (Performance Guarantees and Covenants), 17.06.150 (Decision after Administrative Hearing or Public Hearing), 17.06.230 (Time Limits and Extensions) and 17.06.240 (Resubmission of Application). (Ord. 13-8 § 4 (Exh. A), 6/11/13; Ord. 17-10 § 5 (Exh. A), 7/11/17)

The Director may approve revisions to a site plan for an approved Class III application in accordance with Chapter 17.09 (Minor Permit Modifications). (Ord. 13-8 § 4 (Exh. A), 6/11/13; Ord. 17-10 § 5 (Exh. A), 7/11/17)

Subsections:

A.    Purpose.

B.    Applicability.

C.    Application Filing, Fees and Project Review.

D.    Project Notice and Required Actions.

E.    Findings.

F.    Conditions of Approval.

G.    Expiration and Extensions.

A.    Purpose. This section establishes procedures and requirements for granting adjustments, a form of relief from development standards within this code. An adjustment may be requested when practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this code develop through the strict literal interpretation and enforcement of such development standards provisions.

B.    Applicability. Unless specifically modified by an adjustment, all regulations prescribed in the underlying zone in which such adjustment is granted shall apply. An adjustment shall be filed subject to this chapter. Any modification not listed below shall be subject to Section 17.25.120 (Variances). An adjustment is required as described below:

1.    An adjustment may be granted to allow the modification of any development standard by not more than twenty percent (20%) of the development standard;

2.    An adjustment may be granted for modifications to a development standard on an existing single-family home or an accessory structure on a single-family lot, including, but not limited to, building height and the required yard, fence, or wall height. Structures exceeding thirty-five (35) feet in height shall be subject to Section 17.25.100 (Conditional Use Permit); or

3.    An adjustment may be granted to modify a development standard to be consistent with the prevailing standard (more than fifty percent (50%) of the block).

C.    Application Filing, Fees, and Project Review. Applications for an adjustment shall be in compliance with this chapter.

D.    Project Notice and Required Actions. The notice shall be in compliance with Sections 17.24.050 (Project Notice) and 17.24.060 (Required Actions).

E.    Findings. The review authority shall approve an application only after the applicant substantiates the required findings per Section 17.06.130 (Findings and Decision) in addition to the following:

1.    That the adjustment does not authorize a use or activity that is not allowed in the zone;

2.    That granting an adjustment is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone which would otherwise be denied to the property for which the adjustment is sought; and

3.    That the granting of the adjustment will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and zone in which the property is located.

F.    Conditions of Approval.

1.    In approving a Class III permit application for an adjustment, the review authority may impose such conditions as deemed necessary to ensure that the adjustment will be in accordance with the findings required by subsection (E) of this section (Findings). Conditions imposed by the approving authority may involve any pertinent factors affecting the establishment, operation, and maintenance of the use for which such adjustment is requested.

2.    All development standards prescribed in the zone shall apply unless specifically modified by the adjustment.

G.    Expiration and Extensions. In the granting of a Class III permit for an adjustment, the applicant shall utilize the permit in compliance with Section 17.06.230 (Time Limits and Extensions). (Ord. 13-8 § 4 (Exh. A), 6/11/13; Ord. 17-10 § 5 (Exh. A), 7/11/17; Ord. 20-10 § 6, 12/8/20)

Subsections:

A.    Purpose.

B.    Applicability.

C.    Application Filing, Fees, and Project Review.

D.    Project Notice and Required Actions.

E.    Findings.

F.    Conditions of Approval.

G.    Expiration and Extensions.

A.    Purpose. This section establishes procedures and requirements for granting a variance from the standards contained in Section 17.51.080 (Sign Regulations (Private Property)), or designating a sign as historic and therefore exempt from the standard size, height, and type regulations of this code. An administrative sign variance may be requested when practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this code develop through the strict literal interpretation and enforcement of such development standards and provisions.

B.    Applicability.

1.    Unless specifically modified by an administrative sign variance or a historic sign designation, all regulations prescribed in the underlying zone in which such an administrative sign variance or historic sign designation is granted shall apply. A Class III application shall be filed subject to this chapter. The additional rules are applicable as described below:

a.    No administrative sign variance may be granted, however, that would permit any of the prohibited types of signs provided in Section 17.51.080(V) (Prohibited Signs); or

b.    If a sign is designated as historic, the sign area of the subject sign counts toward the overall allowable sign area.

C.    Application Filing, Fees, and Project Review. Applications for an administrative sign variance or historic sign designation shall be in compliance with this chapter.

D.    Project Notice and Required Actions. The notice shall be in compliance with Sections 17.24.050 (Project Notice) and 17.24.060 (Required Actions).

E.    Findings. The approving authority shall approve an application only after the applicant substantiates the following required findings per Section 17.06.130 (Findings and Decision) in addition to the following:

1.    These additional findings are required for an administrative sign variance:

a.    That no other signage alternative or design would be feasible or be able to provide reasonable signage in accordance with this code;

b.    That the granting of the variance or adjustment will not detract from the attractiveness or orderliness of the City’s appearance or the surrounding neighborhood;

c.    That the variance does not authorize a use or activity that is not allowed in the zone;

d.    That, because of special circumstances or exceptional characteristics applicable to the property, the strict application of the code deprives such property of privileges enjoyed by other properties in the vicinity and under identical zoning classification;

e.    That the variance authorized will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated;

f.    That strict application of zoning regulations, as they apply to such property, will result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations and standards;

g.    That such variance will not be materially detrimental to the public health, safety or general welfare, or to the use, enjoyment or valuation of properties of other persons located in the vicinity; and

h.    That the sign contains at least one (1) of the following:

i.    Creative image reflecting the current or historical character of Santa Clarita, or other community as determined by the Director;

ii.    Symbols representing the use, name or logo of the building or business;

iii.    Unusual lighting techniques;

iv.    Hand sculptured elements of wood, metal or other materials;

v.    Classic historic design style;

vi.    Hand painted lettering or graphic.

2.    These additional findings are required for a historical sign designation:

a.    That it meets the criteria for listing on the National Register of Historic Places or the California Register of Historical Resources; or

b.    That it is at least fifty (50) years old or is of exceptional importance; and is one (1) or more of the following:

i.    That it exemplifies or reflects special elements of the City’s history;

ii.    That it embodies distinguishing architectural characteristics of a style, type, period or method of construction;

iii.    That it has a unique location, a singular physical characteristic or is an established and familiar visual feature of a neighborhood community or the City;

iv.    That it is of a business over fifty (50) years old, considered to have extensive local significance within the Santa Clarita Valley;

c.    The sign does not obstruct vehicular or pedestrian traffic or visibility.

F.    Conditions of Approval.

1.    In approving a Class III permit application for an administrative sign variance or historical sign designation, the approving authority may impose such conditions as deemed necessary to ensure that the administrative sign variance or historical sign designation will be in accordance with the findings required by subsection (E) of this section (Findings). Conditions imposed by the approving authority may involve any pertinent factors affecting the establishment, operation, and maintenance of the use for which such variance or designation is requested.

2.    All development standards prescribed in the zone shall apply unless specifically modified by the administrative sign variance or historical sign designation.

G.    Expiration and Extensions. In the granting of a Class III permit for an administrative sign variance or historical sign designation, the applicant shall utilize the permit in compliance with Section 17.06.230 (Time Limits and Extensions). (Ord. 13-8 § 4 (Exh. A), 6/11/13; Ord. 17-10 § 5 (Exh. A), 7/11/17)

Subsections:

A.    Purpose.

B.    Applicability.

C.    Application Filing, Fees, and Project Review.

D.    Project Notice and Required Actions.

E.    Findings.

F.    Conditions of Approval.

G.    Expiration and Extensions.

A.    Purpose. This section establishes procedures and requirements for granting a minor use permit, in order to give the use regulations the flexibility necessary to achieve the objectives of this code. Because of their unusual characteristics, certain land uses require special consideration so that they may be located properly with respect to the objectives of the code and with respect to their effects on surrounding properties. In order to achieve these goals, the approving authority is empowered to grant approval with conditions for uses in zones as prescribed in this code, and to impose reasonable conditions upon the granting of minor use permits.

B.    Applicability. A minor use permit shall be filed as a Class III application, subject to this chapter. The reviewing authority shall review an application for a minor use permit as required below:

1.    A land use, as indicated in Division 5 of this title (Use Classifications and Required Parking), requires that a minor use permit be approved for the use;

2.    Request for reduction of parking;

3.    Certain land development processes;

4.    As required by an approved specific plan or corridor plan; or

5.    As identified in this code.

C.    Application Filing, Fees, and Project Review. Applications for a minor use permit shall be in compliance with this chapter.

D.    Project Notice and Required Actions. The notice shall be in compliance with Sections 17.24.050 (Project Notice) and 17.24.060 (Required Actions).

E.    Findings. The approving authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision) in addition to the following:

1.    These additional findings are required for a minor use permit for parking reductions:

a.    That neither present nor anticipated future traffic volumes generated by the use of the site or the uses of the sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specified regulation;

b.    That the granting of the permit will not result in the parking or loading of vehicles on public and private streets in such a manner as to interfere with the free flow of traffic on the streets;

c.    That the parking demand would be less than the requirements identified in Section 17.51.060(M) (Schedule of Off-Street Parking Requirements); and

d.    That sufficient parking would be provided to serve the use intended and potential future uses of the subject parcel.

2.    The following finding is required for a minor use permit for parking reductions for uses proposed adjacent to transit lines/routes or transit facilities/stations:

a.    The permit will facilitate access to nonresidential development by patrons of public transit facilities.

F.    Conditions of Approval. In approving a Class III permit application for a minor use permit, the approving authority may impose such conditions as deemed necessary to ensure that the minor use permit will be in accordance with the findings required by subsection (E) of this section (Findings). Conditions imposed by the review authority may involve any pertinent factors affecting the establishment, operation and maintenance of the use for which such minor use permit is requested. Conditions may include, but are not limited to, provisions for or limitations to the following:

1.    Special yards;

2.    Open spaces;

3.    Buffers;

4.    Fences;

5.    Walls;

6.    Height of buildings, walls or other structures;

7.    Installation and maintenance of landscaping;

8.    Street dedications, medians, and improvements;

9.    Regulations of points of vehicular ingress and egress;

10.    Regulation of traffic circulation;

11.    Regulation of signs;

12.    Regulation of hours of operation and methods of operation;

13.    Control of potential nuisances;

14.    Architectural standards;

15.    Establishment of development schedules and development standards; and

16.    Such other conditions as the approving authority may deem necessary to ensure compatibility of the use with surrounding developments and uses and to preserve the public health, safety, or welfare.

G.    Expiration and Extensions. In the granting of a Class III permit for a minor use permit, the applicant shall utilize the permit in compliance with Section 17.06.230 (Time Limits and Extensions). (Ord. 13-8 § 4 (Exhs. A, D, E), 6/11/13; Ord. 17-10 § 5 (Exh. A), 7/11/17)

The Class IV application is a discretionary process for reviewing uses and standards that may be appropriate in the applicable underlying zone, but whose effects on a site and surroundings cannot be determined before being proposed for a specific site. Class IV applications require public notification and a public hearing. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

A Class IV application is required to authorize actions by the Commission. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

A.    General Requirements. A Class IV application shall be approved, conditionally approved, or denied by the review authority in compliance with Table 17.06-1 (Review Authority), and any additional requirements or review criteria for a Class IV application established in this code.

B.    Referral. The review authority may refer a Class IV application to the next higher review authority for consideration and decision. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

Applications for a Class IV application shall be in compliance with Sections 17.06.040 (Multiple Applications), 17.06.060 (Application Filing and Withdrawal), 17.06.070 (Fees and Deposits), 17.06.080 (Initial Application Review) and 17.06.090 (Project Evaluation and Staff Reports). (Ord. 13-8 § 4 (Exh. A), 6/11/13)

The Department shall provide notice of the hearing in compliance with Section 17.06.110 (Type II Public Noticing (Public Hearing)) on a Class IV application before taking any action. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

Class IV application public hearing, findings and decision shall be in compliance with Sections 17.06.120 (Public Hearing Procedure), 17.06.130 (Findings and Decision), and 17.06.150 (Decision after Administrative Hearing or Public Hearing). (Ord. 13-8 § 4 (Exh. A), 6/11/13)

Class IV application post-decision procedures shall be in compliance with Sections 17.06.160 (Notice of Action and Findings), 17.06.170 (Effective Date of Decision), 17.06.180 (Scope of Approvals), 17.06.190 (Conditions of Approval), 17.06.200 (Use of Property before Final Action), 17.06.210 (Approvals Run with the Land), 17.06.220 (Performance Guarantees and Covenants), 17.06.230 (Time Limits and Extensions), 17.06.150 (Decision after Administrative Hearing or Public Hearing) and 17.06.240 (Resubmission of Application). (Ord. 13-8 § 4 (Exh. A), 6/11/13)

Unless specifically modified by an approved Class IV application, all regulations prescribed in the underlying zone in which such permit is granted shall apply. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

The review authority may approve revisions to a site plan for an approved Class IV application in accordance with Chapter 17.08 (Revocations and Revisions) and Chapter 17.09 (Minor Permit Modifications). (Ord. 13-8 § 4 (Exh. A), 6/11/13)

Subsections:

A.    Purpose.

B.    Applicability.

C.    Application Filing, Fees, and Project Review.

D.    Project Notice and Required Actions.

E.    Findings.

F.    Conditions of Approval.

G.    Expiration and Extensions.

A.    Purpose. This section establishes procedures and requirements for granting conditional use permits, in order to give the use regulations the flexibility necessary to achieve the objectives of this code. Because of their unusual characteristics, certain land uses require special consideration so that they may be located properly with respect to the objectives of the development code and with respect to their effects on surrounding properties. In order to achieve these goals, the approving authority is empowered to grant approval with conditions for uses in zones as prescribed in this code, and to impose reasonable conditions upon the granting of conditional use permits.

B.    Applicability. A conditional use permit shall be filed as a Class IV application, subject to this chapter. The reviewing authority shall review an application for a conditional use permit as required below:

1.    A land use, as indicated in Division 5 of this title (Use Classifications and Required Parking), requires that a conditional use permit be approved for the use;

2.    Certain land development requirements and activities;

3.    Any structure exceeding the height established for the underlying zone;

4.    As required by an approved specific plan or corridor plan; or

5.    As identified in this code.

C.    Application Filing, Fees, and Project Review. Applications for a conditional use permit shall be in compliance with this chapter.

D.    Project Notice and Required Actions. The notice of the public hearing shall be in compliance with Section 17.06.110 (Type II Public Noticing (Public Hearing)).

E.    Findings. The approving authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision);

F.    Conditions of Approval. In approving a Class IV permit application for a conditional use permit, the approving authority may impose such conditions as deemed necessary to ensure that the conditional use permit will be in accordance with the findings required by subsection (E) of this section (Findings). Conditions imposed by the review authority may involve any pertinent factors affecting the establishment, operation, and maintenance of the use for which such conditional use permit is requested. Conditions may include, but are not limited to, provisions for or limitations to the following:

1.    Special yards;

2.    Open spaces;

3.    Buffers;

4.    Fences;

5.    Walls;

6.    Height of buildings, walls, or other structures;

7.    Installation and maintenance of landscaping;

8.    Street dedications, medians, and improvements;

9.    Regulations of points of vehicular ingress and egress;

10.    Regulation of traffic circulation;

11.    Regulation of signs;

12.    Regulation of hours of operation and methods of operation;

13.    Control of potential nuisances;

14.    Architectural standards;

15.    Establishment of development schedules and development standards; and

16.    Such other conditions as the approving authority may deem necessary to ensure compatibility of the use with surrounding developments and uses and to preserve the public health, safety, or welfare.

G.    Expiration and Extensions. In the granting of a Class IV permit for a conditional use permit, the applicant shall utilize the permit in compliance with Section 17.06.230 (Time Limits and Extensions). (Ord. 13-8 § 4 (Exh. A), 6/11/13)

Subsections:

A.    Purpose.

B.    Applicability.

C.    Application Filing, Fees, and Project Review.

D.    Project Notice and Required Actions.

E.    Findings.

F.    Expiration and Extensions.

A.    Purpose. This section establishes procedures and requirements for the review and approval of tentative subdivision maps for the division of all land within the City, in accordance with the Subdivision Map Act and this code.

B.    Applicability. This section shall regulate the content of tentative subdivision maps for all land within the City and the filing of tentative tract maps and tentative parcel maps as indicated below:

1.    A tentative parcel map shall be required for a subdivision of land consisting of four (4) or less lots.

2.    A tentative tract map shall be required for a subdivision of land consisting of more than four (4) lots or any condominium project.

3.    A vesting tentative tract map or vesting tentative parcel map may be submitted for all subdivisions.

C.    Application Filing, Fees, and Project Review. Applications for a tentative subdivision map shall be in compliance with this chapter.

D.    Project Notice and Required Actions. The notice of the public hearing shall be in compliance with Section 17.06.110 (Type II Public Noticing (Public Hearing)). Approval of a vesting tentative map shall establish a vested right to proceed with applicable ordinances and general and specific plans in effect at the date the accompanying application is deemed complete pursuant to Government Code Section 65943 in accordance with Sections 66474.2 and 66498.1 of said Government Code.

E.    Findings. The approving authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision) in addition to the following: The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

F.    Expiration and Extensions. In the granting of a Class IV permit for a tentative subdivision map, the applicant shall record the map in compliance with Section 17.06.230 (Time Limits and Extensions) and Subdivision Map Act. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

Subsections:

A.    Purpose.

B.    Applicability.

C.    Application Filing, Fees, and Project Review.

D.    Project Notice and Required Actions.

E.    Findings.

F.    Conditions of Approval.

G.    Expiration and Extensions.

A.    Purpose. This section establishes procedures and requirements for granting variances, a form of relief from development standards within this code. A variance may be requested when practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this code develop through the strict application and enforcement of such development standards and provisions.

B.    Applicability. Unless specifically modified by a variance, all regulations prescribed in the underlying zone in which such variance is granted shall apply. A variance shall be filed as a Class IV application, subject to this chapter.

1.    A variance may be granted to allow the modification of any development standard.

2.    A variance shall not be granted to permit a use that is prohibited in a zone.

C.    Application Filing, Fees, and Project Review. Applications for a variance shall be in compliance with this chapter.

D.    Project Notice and Required Actions. The notice of the public hearing shall be in compliance with Section 17.06.110 (Type II Public Noticing (Public Hearing)).

E.    Findings. The approving authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision) in addition to the following:

1.    That the variance does not authorize a use or activity that is not allowed in the zone;

2.    That, because of special circumstances or exceptional characteristics applicable to the property, the strict application of the code deprives such property of privileges enjoyed by other properties in the vicinity and under identical zoning classification;

3.    That the variance authorized will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated;

4.    That strict application of zoning regulations, as they apply to such property, will result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations and standards; and

5.    That such variance will not be materially detrimental to the public health, safety or general welfare, or to the use, enjoyment, or valuation of properties of other persons located in the vicinity.

F.    Conditions of Approval.

1.    In approving a Class IV permit application for a variance, the approving authority may impose such conditions as deemed necessary to ensure that the variance will be in accordance with the findings required by subsection (E) of this section (Findings). Conditions imposed by the review authority may involve any pertinent factors affecting the establishment, operation, and maintenance of the use for which such variance is requested.

2.    All development standards prescribed in the zone shall apply unless specifically modified by the variance.

G.    Expiration and Extensions. In the granting of a Class IV permit for a variance, the applicant shall utilize the permit in compliance with Section 17.06.230 (Time Limits and Extensions). (Ord. 13-8 § 4 (Exh. A), 6/11/13)

The Class V application is a discretionary process for reviewing uses that are nonlegislative but require Council approval. Class V applications require public notification and public hearings before both the Commission and the Council. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

A Class V application is required to authorize nonlegislative actions by the Council. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

A.    General Requirements. Class V applications shall be approved, conditionally approved, or denied by the approving authority in compliance with Table 17.06-1 (Review Authority), any additional requirements, or review criteria for a Class V review established in this code.

B.    Assignment. The Director shall assign a Class V application to the Commission for a public hearing and recommendation to the Council. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

Applications for a Class V application shall be in compliance with Sections 17.06.040 (Multiple Applications), 17.06.060 (Application Filing and Withdrawal), 17.06.070 (Fees and Deposits), 17.06.080 (Initial Application Review), and 17.06.090 (Project Evaluation and Staff Reports). (Ord. 13-8 § 4 (Exh. A), 6/11/13)

The Director shall provide notice of the hearing in compliance with Section 17.06.110 (Type II Public Noticing (Public Hearing)) on a Class V application before taking any action. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

The Commission shall conduct public hearings in compliance with Sections 17.06.120 (Public Hearing Procedure) and 17.06.140 (Recommendations after Public Hearing) and forward their recommendation to the Council. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

Class V application post-decision procedures shall be in compliance with Sections 17.06.160 (Notice of Action and Findings), 17.06.170 (Effective Date of Decision), 17.06.180 (Scope of Approvals), 17.06.190 (Conditions of Approval), 17.06.200 (Use of Property before Final Action), 17.06.210 (Approvals Run with the Land), 17.06.220 (Performance Guarantees and Covenants), 17.06.230 (Time Limits and Extensions), 17.06.150 (Decision after Administrative Hearing or Public Hearing), and 17.06.240 (Resubmission of Application). (Ord. 13-8 § 4 (Exh. A), 6/11/13)

Subsections:

A.    Purpose.

B.    Application Filing, Fees and Project Review.

C.    Project Notice and Required Actions.

D.    Commission and Council Actions.

E.    Findings.

F.    Procedure and Review.

A.    Purpose. This section establishes procedures for the discretionary consideration of the removal and relocation of pre-existing, legally established billboards to new and different locations, and to enable the substitution of billboards meeting more current standards, while achieving an overall reduction in the number of billboards throughout the City in accordance with the State policy set forth in and local discretion authorized by Business and Professions Code Section 5412.

B.    Application Filing, Fees and Project Review. Applications for a billboard reduction and relocation agreement shall be in compliance with this chapter.

C.    Project Notice and Required Actions. The notice of the public hearing shall be in compliance with Section 17.06.110 (Type II Public Noticing (Public Hearing)).

D.    Commission and Council Actions.

1.    Commission Recommendation. A recommendation by the Commission relative to a billboard reduction and relocation agreement shall be by resolution carried by the affirmative vote to the Council. If the Commission has recommended against the approval of an agreement, the Council shall not be required to take further action, and the action of the Commission shall become final unless appealed to the Council per Chapter 17.07 (Appeals or Certification of Review).

2.    Notice of Commission Action. The Commission shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings).

3.    Public Hearing by Council. After receipt of the Commission’s affirmative recommendation, the Council shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure set forth in Section 17.06.110 (Type II Public Noticing (Public Hearing)).

4.    Council Action on Commission Recommendations. The Council may approve, modify or reject the recommendation of the Commission involving a billboard reduction and relocation agreement; provided, that any modification of the proposed agreement by the Council not previously considered by the Commission during its hearing shall first be referred to the Commission for report and recommendation. The Commission shall not be required to hold a public hearing.

5.    Public Hearing by Council—Notice of Action Taken. The Council shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings).

E.    Findings. The review authority may approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision) in addition to the following:

1.    The proposed billboard reduction and relocation agreement complies with City zoning, subdivision, and other applicable ordinances and regulations;

2.    The relocated signage complies with the applicable requirements of this section, Section 17.38.005 (BR—Billboard Relocation Overlay Zone), and Section 17.51.080 (Sign Regulations (Private Property)); and

3.    The agreement results in:

a.    A net reduction in the total number of legally established billboards in the City, and for any agreements originally approved after June 1, 2014 (and excluding any agreement originally approved prior to such date including any amendments to such agreements), at a ratio of at least twenty-four (24) to one (1); and

b.    A net reduction in the total square footage of sign area of legally established billboards in the city.

F.    Procedure and Review.

1.    Expiration. A billboard reduction and relocation agreement shall expire on the date designated by the Council in the agreement.

2.    Renewal. An approved billboard reduction and relocation agreement may be renewed for a period approved by the City Council, with notice and public hearing, if the Council determines that findings made and conditions imposed on the original approval still apply. The renewal period, if approved, shall specify the new expiration date of the agreement. Application for renewal shall be made in writing at least one hundred eighty (180) days prior to lapse of the original approval.

3.    Amendments. A billboard reduction and relocation agreement may be amended in the same manner as provided for adoption of a billboard reduction and relocation agreement by this section, or as otherwise provided in the agreement.

4.    Review. All approved billboard reduction and relocation agreements may be periodically reviewed by the Council, for compliance with the features of the plan and conditions of approval, at time intervals as directed by the Council. The review may take place at a noticed public hearing as provided with Section 17.06.110 (Type II Public Noticing (Public Hearing)). The owner shall be notified in writing of the reviewing body’s determination. If the Council finds noncompliance with the plan or the conditions of approval, it may direct the withholding of building and other permits for any billboards covered by the agreement until compliance is achieved and/or schedule a public hearing before the Council for revocation of the billboard reduction and relocation agreement. Such hearing shall be noticed as required with Section 17.06.110 (Type II Public Noticing (Public Hearing)). (Ord. 14-1 § 5 (Exh. A), 3/25/14)

Subsections:

A.    Purpose.

B.    Initiation.

C.    Application Filing, Fees, and Project Review.

D.    Project Notice and Required Actions.

E.    Commission and Council Actions.

F.    Findings.

A.    Purpose. This section establishes procedures for consideration of amendments, additions, deletions, or changes to the General Plan and associated maps and/or exhibits. The General Plan and associated maps and/or exhibits may be amended in accordance with the procedure prescribed in this section as authorized by the State Government Code.

B.    Initiation.

1.    Initiation by the City. A General Plan amendment may be initiated by the following review authorities:

a.    Council. The Council may instruct the Director to initiate an amendment;

b.    Commission. The Commission may instruct the Director to initiate an amendment; or

c.    Director. The Director may initiate an amendment.

2.    Initiation by the Applicant. A General Plan amendment may be initiated by the filing of a Class V application.

3.    Timing of General Plan Amendments. Each mandatory element of the General Plan may be amended up to four (4) times in a single calendar year in compliance with Section 65358 of the State Government Code.

C.    Application Filing, Fees, and Project Review. Applications for a General Plan amendment shall be in compliance with this chapter.

D.    Project Notice and Required Actions. The notice of the public hearings shall be in compliance with Section 17.06.110 (Type II Public Noticing (Public Hearing)).

E.    Commission and Council Actions.

1.    Public Hearing by the Commission. The Commission shall conduct public hearings in compliance with Sections 17.06.120 (Public Hearing Procedure) and 17.06.140 (Recommendations after Public Hearing) and forward their recommendation to the Council.

2.    Commission Recommendation. A recommendation by the Commission relative to a General Plan amendment shall be by resolution carried by the affirmative vote to the Council. If the Commission has recommended against the approval of a General Plan amendment, the Council shall not be required to take further action, and the action of the Commission shall become final unless appealed to the Council in accordance with Chapter 17.07 (Appeals or Certification of Review).

3.    Notice of Commission Action. The Commission shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings).

4.    Public Hearing by Council. After receipt of the Commission’s affirmative recommendation, the Council shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure set forth in Section 17.06.110 (Type II Public Noticing (Public Hearing)).

5.    Council Action on Commission Recommendations. The Council may approve, modify or reject the recommendation of the Commission involving a General Plan amendment; provided, that any modification of the proposed General Plan by the Council not previously considered by the Commission during its hearing shall first be referred to the Commission for report and recommendation. The Commission shall not be required to hold a public hearing.

6.    Public Hearing by Council—Notice of Action Taken. The Council shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings).

F.    Findings. The Council shall approve an application only after the applicant substantiates the following:

1.    The proposed General Plan amendment meets all of the findings per Section 17.06.130 (Findings and Decision);

2.    Properties which benefit from increased density or intensity of development resulting from the General Plan amendment shall fully mitigate their increased sewer impact at the time that development occurs on the properties.

3.    In addition, the Council shall make at least one (1) of the following findings:

a.    The proposed General Plan amendment is consistent with other elements of the City’s General Plan pursuant to Government Code Section 65300.5.

b.    The proposed General Plan amendment, if applicable, responds to changes in State and/or Federal law pursuant to Government Code Section 65300.9.

c.    The proposed General Plan amendment has been referred to the County of Los Angeles and any adjacent cities abutting or affected by the proposed action, the Local Agency Formation Commission (LAFCO), and any Federal agency whose operations or lands may be affected by the proposed decision pursuant to Government Code Section 65352. (Ord. 13-8 § 4 (Exh. A), 6/11/13; Ord. 20-10 § 6, 12/8/20)

Subsections:

A.    Purpose.

B.    Applicability.

C.    Application Filing, Fees, and Project Review.

D.    Project Notice and Required Actions.

E.    Commission and Council Actions.

F.    Findings.

G.    Procedure and Review.

H.    Permitted Uses.

I.    Property Development Standards.

A.    Purpose. This section establishes procedures for consideration of master plans as authorized by the State Government Code. A master plan is intended to achieve the following purposes:

1.    Establish a procedure by which multiple uses and development can be evaluated, considered, and approved concurrently, thereby reducing processing time and uncertainty by eliminating the need for multiple entitlements to be obtained over the life of a development project;

2.    Ensure orderly and comprehensive City review of development plans resulting in more compatible and desirable development; and

3.    Master plans shall be considered only for development projects in which the site can be developed in such a way that buildings, structures, pedestrian and vehicular circulation, landscaping and open space relate harmoniously to create a campus-like setting.

B.    Applicability. The Director may require public, semi-public, or private uses of any size in the City to submit a master plan, appropriate environmental documents and plans including but not limited to landscape, transportation, and building, as required by this chapter. Permitted and conditionally permitted uses may be included in an application for a master plan. The submission of applications for additional use permits will not be required; provided, that uses proposed are consistent with the provisions of the master plan.

1.    Projects That Are Consistent. After a master development plan is approved, proposed projects consistent with the plan, as determined by the Director, shall not require a conditional use permit or a minor use permit, but shall comply with all other requirements of this code.

2.    Projects That Are Inconsistent. If a project that is inconsistent with an approved master plan is proposed for a site located within an area covered by such plan, an application shall be filed for an amendment to the plan as authorized by this code.

C.    Application Filing, Fees, and Project Review. Applications for a master plan shall be in compliance with this chapter.

D.    Project Notice and Required Actions. The notice of the public hearing shall be in compliance with Section 17.06.110 (Type II Public Noticing (Public Hearing)).

E.    Commission and Council Actions.

1.    Public Hearing by the Commission. The Commission shall conduct public hearings in compliance with Sections 17.06.120 (Public Hearing Procedure) and 17.06.140 (Recommendations after Public Hearing) and forward their recommendation to the Council.

2.    Commission Recommendation. A recommendation by the Commission relative to a master plan shall be by resolution carried by the affirmative vote to the Council. If the Commission has recommended against the approval of a plan, the Council shall not be required to take further action, and the action of the Commission shall become final unless appealed to the Council in accordance with Chapter 17.07 (Appeals or Certification of Review).

3.    Notice of Commission Action. The Commission shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings).

4.    Public Hearing by the Council. After receipt of the Commission’s affirmative recommendation, the Council shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure set forth in Section 17.06.110 (Type II Public Noticing (Public Hearing)).

5.    Council Action on Commission Recommendations. The Council may approve, modify or reject the recommendation of the Commission involving a master plan; provided, that any modification of the proposed plan by the Council not previously considered by the Commission during its hearing shall first be referred to the Commission for report and recommendation. The Commission shall not be required to hold a public hearing.

6.    Public Hearing by Council—Notice of Action Taken. The Council shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings).

F.    Findings. The Council shall approve an application only after the applicant substantiates the required findings per Section 17.06.130 (Findings and Decision).

G.    Procedure and Review.

1.    Expiration. A master plan shall expire on the date designated by the Council.

2.    Renewal. An approved master plan may be renewed for a period approved by the Council, with notice and public hearing in accordance with Section 17.06.110 (Type II Public Noticing (Public Hearing)), if the Council determines that findings made and conditions imposed on the original approval still apply. The renewal period, if approved, shall specify the new expiration date of the plan. Application for renewal shall be made in writing between thirty (30) and sixty (60) days prior to lapse of the original approval.

3.    Amendments. Any amendments to such master plans or regulations shall also be adopted in accordance with the State Government Code provisions and those mentioned below:

a.    A master plan may be amended in the same manner as provided for adoption of a master plan by this section.

b.    An amendment to a master plan may be initiated by the Director, Commission, or Council. An amendment may also be initiated by the applicant for the master plan or a successor thereto, provided such applicant or successor has, at the time of application for an amendment, a continuing controlling interest in development or management of uses within the master plan.

c.    The City’s review of the proposed amendment shall be limited to the scope of the application, and shall not address reconsideration of aspects of the existing master plan, including conditions of approval, that are not the subject of the application, except as such aspects that may be affected by the proposed amendment.

4.    Review. All approved master plans may be periodically reviewed by the Director, Commission, or other body designated by the Council, for compliance with the features of the plan and conditions of approval, at time intervals identified by the Director. The review may take place at a noticed public hearing as provided with Section 17.06.110 (Type II Public Noticing (Public Hearing)). The owner shall be notified in writing of the approving authority’s determination. If the approving authority finds noncompliance with the plan or the conditions of approval, it may direct the Director to withhold building and other permits for any development within the area covered by the plan until compliance is achieved and/or direct the Director to schedule a public hearing before the Council for revocation of the master plan. Such hearing shall be noticed as required with Section 17.06.110 (Type II Public Noticing (Public Hearing)).

H.    Permitted Uses. Master plans may be considered for development projects, which meet the following:

1.    Multiple uses can be included and considered as part of a master plan. The following uses may be approved as part of a master plan:

a.    Uses permitted or conditionally permitted in the underlying zone;

b.    Uses accessory to a permitted or conditionally permitted use; and/or

c.    Uses similar in nature and directly associated with and dependent upon the primary function of the master plan.

I.    Property Development Standards. All development standards of the underlying zone shall apply to master plans. The approving authority shall be permitted to increase the setback requirements of the underlying zone and also to modify or delete the following requirements when it can be shown that the alternative achieves a similar purpose.

1.    The master plan shall be designed and developed in a manner compatible with and complementary to existing development in the immediate vicinity of the project site. Site planning on the perimeter shall provide for the protection of the property from adverse surrounding influences, as well as protection of the surrounding areas from potentially adverse influences within the development. The applicant shall include the anticipated architectural themes for the master plan area with the submittal of the master plan for review and approval.

2.    Building architecture throughout the project is consistent and complementary.

3.    If the project is to be developed in stages, the master plan shall coordinate improvement of the site, the construction of structures, and improvements in such open space in order that each development stage achieves a proportionate share of the total open space and environmental quality of the total planned development.

4.    Master plans shall relate harmoniously to the topography of the site, shall make suitable provision for the preservation of watercourses, drainage areas, ridgelines, oak trees, significant flora and/or fauna, and similar features and areas. These areas shall be designed to use and retain the features and amenities to the greatest extent possible.

5.    Accessory uses and structures shall be located as specified on the development plans as approved by the Council; provided, however, that accessory structures shall meet all of the setbacks for site development as specified in the master plan and the underlying zone in which it is located. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

Subsections:

A.    Purpose.

B.    Applicability.

C.    Application Filing, Fees, and Project Review.

D.    Project Notice and Required Actions.

E.    Commission and Council Actions.

F.    Findings.

A.    Purpose. In an effort to achieve the City’s objective to preserve the ridgelines within the City limits for the public health, safety, and welfare for the long-term benefit of the community, maintenance of the unique visual characteristics, resources, and ridgeline integrity, and to achieve a higher quality of life for its residents, the ridgeline alteration permit is established to regulate development located in the ridgeline preservation (RP) overlay zone.

B.    Applicability. A ridgeline alteration permit shall be filed as a Class V application, subject to this chapter. The reviewing authority shall review an application for a ridgeline alteration permit for any development, including but not limited to grading permits, building permits and land use entitlements, in the vicinity of a generally designated significant ridgeline designated on the ridgeline preservation overlay zone. Exceptions include minor improvements to existing, developed, single-family homes and property, where the Director may approve projects that require minor grading or are limited in scope such as those regarding yard areas for pool/spa construction, landscaping, additions to existing structures or construction of accessory structures. A proposed development may also be exempt from the RP overlay zone in accordance with Section 17.38.070(B). When limited in scope and associated with existing single-family residences, the Director may also review projects, or may refer projects to the Planning Commission and/or City Council that require grading of large, flat areas, such as sports courts or riding rings.

C.    Application Filing, Fees, and Project Review. Applications for a ridgeline alteration permit shall be in compliance with this chapter.

D.    Project Notice and Required Actions. The notice of the public hearing shall be in compliance with Section 17.06.110 (Type II Public Noticing (Public Hearing)).

E.    Commission and Council Actions.

1.    Public Hearing by the Commission. The Commission shall conduct public hearings in compliance with Sections 17.06.120 (Public Hearing Procedure) and 17.06.140 (Recommendations after Public Hearing) and forward their recommendation to the Council.

2.    Commission Recommendation. A recommendation by the Commission relative to a ridgeline alteration permit shall be by resolution carried by the affirmative vote to the Council. If the Commission has recommended against the approval of a ridgeline alteration permit, the Council shall not be required to take further action, and the action of the Commission shall become final unless appealed to the Council in accordance with Chapter 17.07 (Appeals or Certification of Review).

3.    Notice of Commission Action. The Commission shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings).

4.    Public Hearing by Council. After receipt of the Commission’s affirmative recommendation, the Council shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure set forth in Section 17.06.110 (Type II Public Noticing (Public Hearing)).

5.    Council Action on Commission Recommendations. The Council may approve, modify, or reject the recommendation of the Commission involving a General Plan amendment, provided any modification of the proposed ridgeline alteration permit by the Council not previously considered by the Commission during its hearing shall first be referred to the Commission for report and recommendation. The Commission shall not be required to hold a public hearing.

6.    Public Hearing by Council—Notice of Action Taken. The Council shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings).

F.    Findings. The Council shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision) in addition to the following:

1.    The use or development will not be materially detrimental to the visual character of the neighborhood or community, nor will it endanger the public health, safety, or general welfare.

2.    The appearance of the use or development will not be substantially different than the appearance of adjoining ridgeline areas so as to cause depreciation of the ridgeline appearance in the vicinity.

3.    The establishment of the proposed use or development will not impede the normal and orderly development and improvement of surrounding properties, nor encourage inappropriate encroachments to the ridgeline area.

4.    The proposed use or development demonstrates creative site design resulting in a project that will complement the community character and provide a direct benefit to current and future community residents of not only the proposed use or development, but the residents of the City as a whole.

5.    The use or development minimizes the effects of grading to the extent practicable to ensure that the natural character of the ridgeline is preserved.

6.    The proposed use or development is designed to mimic the existing topography to the greatest extent possible through the use of landform contour grading.

7.    The proposed use or development does not alter natural landmarks and prominent natural features of the ridgelines. (Ord. 25-1 § 5 (Exhs. A, B), 5/27/25; Ord. 13-8 § 4 (Exh. A), 6/11/13; Ord. 15-11 § 5 (Exh. A), 12/8/15)

The Class VI application is a discretionary process for reviewing uses that are nonlegislative and require Council approval. Class VI applications require public notification and a public hearing before the Council only. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

A Class VI application is required to authorize nonlegislative actions. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

A.    General Requirements. Class VI applications shall be approved, conditionally approved, or denied by the review authority in compliance with Table 17.06-1 (Review Authority), and any additional requirements or review criteria for a Class VI review established in this code.

B.    Assignment. The Director shall assign a Class VI application to Council for a public hearing and action. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

Applications for a Class VI application shall be in compliance with Sections 17.06.040 (Multiple Applications), 17.06.060 (Application Filing and Withdrawal), 17.06.070 (Fees and Deposits), 17.06.080 (Initial Application Review) and 17.06.090 (Project Evaluation and Staff Reports). (Ord. 13-8 § 4 (Exh. A), 6/11/13)

The Director shall provide notice of the hearing in compliance with Section 17.06.110(B)(1) (Publication) on a Class VI application before taking any action. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

The Council shall conduct public hearing in compliance with Sections 17.06.120 (Public Hearing Procedure) and 17.06.140 (Recommendations after Public Hearing). (Ord. 13-8 § 4 (Exh. A), 6/11/13)

Class VI application findings and decision procedures shall be in compliance with Section 17.06.130 (Findings and Decision). (Ord. 13-8 § 4 (Exh. A), 6/11/13)

Class VI application post-decision procedures shall be in compliance with Sections 17.06.160 (Notice of Action and Findings), 17.06.170 (Effective Date of Decision), 17.06.180 (Scope of Approvals), 17.06.190 (Conditions of Approval), 17.06.200 (Use of Property before Final Action), 17.06.210 (Approvals Run with the Land), 17.06.220 (Performance Guarantees and Covenants), 17.06.230 (Time Limits and Extensions), 17.06.150 (Decision after Administrative Hearing or Public Hearing), and 17.06.240 (Resubmission of Application). (Ord. 13-8 § 4 (Exh. A), 6/11/13)

Subsections:

A.    Purpose.

B.    Applicability.

C.    Application Filing, Fees, and Project Review.

D.    Project Notice and Required Actions.

E.    Council Action.

F.    Findings.

A.    Purpose. The purpose of this section is to provide procedures, requirements, and a formal agreement for consideration of the acceptance of existing County entitlements and standards that do not meet the City’s development standards as part of an annexation.

B.    Applicability. The Council may grant exceptions to the following provisions of the code in accordance with County-approved entitlements that annex to the City upon a finding that the impacts of such minor exceptions are consistent with the General Plan and proposed zoning and will not adversely affect or be materially detrimental to adjacent uses or residents:

1.    Permitted uses;

2.    Parking;

3.    Setbacks;

4.    Floor area ratio;

5.    Signage;

6.    Architectural design elements;

7.    Right-of-way improvements;

8.    Landscaping;

9.    Hillside development; and

10.    Other development standards as determined by the Council.

C.    Application Filing, Fees, and Project Review. Applications for a pre-annexation agreement shall be in compliance with this chapter.

D.    Project Notice and Required Actions. The notice of the public hearing shall be in compliance with Section 17.06.110(B)(1) (Publication).

E.    Council Action.

1.    Commission Action. A pre-annexation agreement shall not require a public hearing before the Commission for action, unless directed by the Council.

2.    Public Hearing by Council. The Council shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure set forth in Section 17.06.110 (Type II Public Noticing (Public Hearing)).

3.    Public Hearing by Council—Notice of Action Taken. The Council shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings).

F.    Findings. The Council shall approve an application only after the applicant substantiates the required findings per Section 17.06.130 (Findings and Decision). (Ord. 13-8 § 4 (Exh. A), 6/11/13)

The Class VII application is a discretionary process for reviewing uses that are legislative and require Council approval. Class VII applications require public notification and public hearings before both the Commission and the Council. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

A Class VII application is required to authorize legislative actions. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

A.    General Requirements. Class VII applications shall be approved, conditionally approved, or denied by the review authority in compliance with Table 17.06-1 (Review Authority), and any additional requirements or review criteria for a Class VII review established in this code.

B.    Assignment. The Director shall assign a Class VII application to the Commission for a public hearing and recommendation to the Council. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

Applications for a Class VII request shall be in compliance with Sections 17.06.040 (Multiple Applications), 17.06.060 (Application Filing and Withdrawal), 17.06.070 (Fees and Deposits), 17.06.080 (Initial Application Review), and 17.06.090 (Project Evaluation and Staff Reports). (Ord. 13-8 § 4 (Exh. A), 6/11/13)

The Department shall provide notice of the hearing in compliance with Section 17.06.110 (Type II Public Noticing (Public Hearing)) on a Class VII application before taking any action. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

The Department shall conduct public hearings in compliance with Sections 17.06.120 (Public Hearing Procedure) and 17.06.140 (Recommendations after Public Hearing) and forward their recommendation to the Council. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

Class VII application findings and decision procedures shall be in compliance with Section 17.06.130 (Findings and Decision). (Ord. 13-8 § 4 (Exh. A), 6/11/13)

Class VII application post-decision procedures shall be in compliance with Sections 17.06.160 (Notice of Action and Findings), 17.06.170 (Effective Date of Decision), 17.06.180 (Scope of Approvals), 17.06.190 (Conditions of Approval), 17.06.200 (Use of Property before Final Action), 17.06.210 (Approvals Run with the Land), 17.06.220 (Performance Guarantees and Covenants), 17.06.230 (Time Limits and Extensions), 17.06.150 (Decision after Administrative Hearing or Public Hearing), and 17.06.240 (Resubmission of Application). (Ord. 13-8 § 4 (Exh. A), 6/11/13)

Subsections:

A.    Purpose and Interpreting Provisions.

B.    Application Filing, Fees, and Project Review.

C.    Content of Development Agreement.

D.    Commission and Council Actions.

E.    Findings.

F.    Execution and Recordation.

G.    Subsequently Enacted City, Special District, County, State, and Federal Laws or Regulations.

H.    Enforcement.

I.    Amendment and Cancellation of Development Agreements.

J.    Periodic Review.

K.    Violation of Agreement—Commission Review.

L.    Violation of Agreement—Council Review.

A.    Purpose and Interpreting Provisions. The purpose of this section is to provide procedures, requirements for consideration of development agreements, implementing, amending, and enforcing development agreements.

1.    Intent of Agreement.

a.    A development agreement is a contract between the City and an applicant for a development project, in compliance with Chapter 4, Article 2.5 (Development Agreements) in Title 7, Division 1 (Planning and Land Use) of the State Government Code. It is intended to assure to an applicant that an approved project may proceed, subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to City zoning and various other policies, rules, and regulations after project approval as included within this section. In return, the City would be provided with significant, tangible benefits above and beyond those that may be required by the City through normal review procedures and project conditions of approval that would otherwise apply.

b.    A development agreement may also be utilized to establish procedures for the discretionary consideration of the removal and relocation of pre-existing, legally established billboards to new and different locations, and the substitution of billboards meeting more current standards, while achieving an overall reduction in the number of billboards throughout the city in accordance with the State policy set forth in and local discretion authorized by Business and Professions Code Section 5412.

2.    Interpreting Provisions.

a.    In interpreting the provisions of any development agreement entered into compliance with this section, those provisions shall be read to be consistent with the language of this section, and Chapter 4, Article 2.5, in Title 7, Division 1 of the State Government Code, and the agreement itself.

b.    Should any apparent discrepancies between the meanings of these documents arise, reference shall be made to the following documents, and in the following order:

i.    The plain terms of the development agreement itself;

ii.    The provisions of this section; and

iii.    The provisions of Chapter 4, Article 2.5, in Title 7, Division 1 of the State Government Code.

B.    Application Filing, Fees, and Project Review. Applications for a development agreement shall be in compliance with this chapter.

C.    Content of Development Agreement.

1.    Mandatory Contents. A development agreement shall contain the applicable provisions in compliance with the State Government Code including:

a.    The duration of the agreement, including a specified termination date;

b.    The uses to be permitted on the property;

c.    The density or intensity of use permitted;

d.    The minimum and/or maximum height, size and location of buildings and/or structures permitted;

e.    The reservation or dedication of land for public purposes to be accomplished, if any; and

f.    The time schedule established for periodic review as required by subsection (J) of this section (Periodic Review).

Such terms, conditions, restrictions, or requirements shall not be contrary to zoning, subdivision or other ordinances, laws, or regulations applicable to the proposed development.

2.    Permissive Contents. A development agreement may contain the applicable provisions in compliance with State Government Code, including:

a.    The requirement of development schedules providing that construction of the proposed development as a total project or in phases be initiated and/or completed within specified time periods;

b.    The construction of public facilities required in conjunction with such development, including but not limited to vehicular and pedestrian rights-of-way, drainage and flood-control facilities, parks and other recreational facilities, and sewers and sewage treatment facilities;

c.    The prohibition of one (1) or more uses normally listed as a use subject to application in the underlying zone where placed;

d.    The limitation of future development or requirement of specified conditions under which further development not included in the agreement may occur;

e.    The requirement of a faithful performance bond where deemed necessary to, and in an amount deemed sufficient to, guarantee the faithful performance of specified terms, conditions, restrictions, and/or requirements of the agreement;

f.    The requirements of specified design criteria for the exteriors of buildings and other structures, including, but limited to, the permitted uses of the property, the density and/or intensity of the use, the maximum height and size of proposed structures, signs, any land dedications, and reservations;

g.    The requirement of special yards, open spaces, buffer areas, fences and walls, landscaping and parking facilities, including vehicular and pedestrian ingress and egress;

h.    The regulation of nuisance factors such as noise, vibration, smoke, dust, dirt, odors, gases, garbage, heat, and the prevention of glare or direct illumination of adjacent properties; and

i.    The regulation of operating hours and other characteristics of operation adversely affecting normal neighborhood schedules and functions on surrounding property.

D.    Commission and Council Actions.

1.    Public Hearing by the Commission. The Commission shall conduct public hearings in compliance with Sections 17.06.120 (Public Hearing Procedure) and 17.06.140 (Recommendations after Public Hearing) and forward their recommendation to the Council.

2.    Commission Recommendation. A recommendation by the Commission relative to a development agreement shall be by resolution carried by the affirmative vote to the Council. If the Commission has recommended against the approval of a development agreement, the Council shall not be required to take further action, and the action of the Commission shall become final unless appealed to the Council in accordance with Chapter 17.07 (Appeals or Certification of Review).

3.    Notice of Commission Action. The Commission shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings).

4.    Public Hearing by Council. After receipt of the Commission’s affirmative recommendation, the Council shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure set forth in Section 17.06.110 (Type II Public Noticing (Public Hearing)).

5.    Council Action on Commission Recommendations. The Council may approve, modify or reject the recommendation of the Commission involving a development agreement, provided any modification of the proposed agreement by the Council not previously considered by the Commission during its hearing shall first be referred to the Commission for report and recommendation. The Commission shall not be required to hold a public hearing.

6.    Public Hearing by Council—Notice of Action Taken. The Council shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings).

E.    Findings. The review authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision) in addition to the following:

1.    The proposed development agreement complies with City zoning, subdivision, and other applicable ordinances and regulations;

2.    That the proposed development agreement provides for clear and substantial public benefit to the City and/or residents along with a schedule for delivery of the benefit;

3.    Any development agreement that contains a subdivision shall comply with the provisions of Government Code Section 66473.7;

4.    The following additional findings are required for a development agreement for the reduction and relocation of billboards:

a.    The relocated signage complies with the applicable requirements of this section, Section 17.38.005 (BR—Billboard Relocation Overlay Zone), and Section 17.51.080 (Sign Regulations (Private Property));

b.    The agreement results in:

i.    A net reduction in the total number of legally established billboards in the City and for any agreements originally approved after June 1, 2014 (and excluding any agreement originally approved prior to such date including any amendments to such agreement), at a ratio of at least twenty-four (24) to one (1); and

ii.    A net reduction in the total square footage of sign area of legally established billboards in the City.

F.    Execution and Recordation.

1.    Adopted by Ordinance.

a.    Approval by the Council of a development agreement shall be by ordinance.

b.    The ordinance shall not be adopted and the Mayor or Mayor’s designee shall not execute a development agreement until it has been executed by the applicant.

c.    If the applicant has not executed the agreement, or the agreement as modified by the Council, and returned the executed agreement to the City Clerk within thirty (30) days following Council approval, the approval shall be deemed withdrawn, and the Mayor or designee shall not execute the agreement. The thirty (30) day time period may be extended upon approval of the Council.

2.    Ordinance Becomes Effective. The City shall not execute a development agreement until on, or after, the date upon which the ordinance approving the agreement becomes effective.

3.    Recordation of Agreement. A development agreement shall be recorded by the City Clerk with the Registrar-Recorder/County Clerk no later than ten (10) days after it is executed in compliance with Section 65868.5 of the State Government Code.

4.    Development agreements approved by the Council shall be on file with the City Clerk.

G.    Subsequently Enacted City Special District, County, State, and Federal Laws or Regulations. In the event that special district, County, State, or Federal laws, mandates, or regulations enacted subsequent to the execution of a development agreement prevent or preclude compliance with one (1) or more provisions of the agreement, the provisions of the agreement shall be deemed modified or suspended to the extent necessary to comply with the subsequently enacted special district, County, State, or Federal laws, mandates, or regulations. Unless modified by the development agreement, all structures shall be constructed using the building, plumbing, mechanical, electrical, and fire codes in effect at the time of building permit issuance.

H.    Enforcement.

1.    Responsibility for Enforcement. Unless and until amended or canceled in whole or in part in compliance with subsection (I) of this section (Amendment and Cancellation of Development Agreements), a development agreement shall be enforceable by any party to the agreement notwithstanding any change in regulations which alters or amends the regulations applicable to development as specified in subsection (G) of this section (Subsequently Enacted Special District, County, State and Federal Laws or Regulations).

2.    Burden of the Agreement. The burden of a development agreement shall be binding upon, and the benefits of the agreement shall inure to, all successor(s)-in-interest to the parties to the agreement.

I.    Amendment and Cancellation of Development Agreements.

1.    Proposed Amendment or Cancellation. A development agreement may be amended, or canceled in whole or in part, by mutual consent of all parties to the agreement or their successor(s)-in-interest.

2.    Initiation of Amendment or Cancellation. Either party to the agreement may propose and initiate an amendment to or cancellation of a development agreement.

3.    Amendment and Cancellation Procedures. The procedures and notice requirements for amendment or cancellation of a development agreement are the same as the procedures for entering into an agreement in compliance with this section except as otherwise set forth in the development agreement and permitted by the Government Code.

4.    City Initiated Amendment or Cancellation. Where the City initiates the amendment or cancellation of the development agreement, it shall first give notice to the property owner of its intention to initiate the proceedings at least thirty (30) days before giving public notice to consider the amendment or cancellation, in compliance with Chapter 17.06 (Common Procedures).

J.    Periodic Review.

1.    Basic Requirements for Periodic Review. Every development agreement entered into by the Council shall provide for periodic review of the applicant’s compliance with such agreement by the Director at a time interval specified in such agreement, but in no event longer than twelve (12) months. Notwithstanding the foregoing, development agreements for billboard reduction and relocation shall be periodically reviewed in accordance with the process specified in Section 17.26.100(F)(4).

2.    Procedure for Periodic Review.

a.    Purpose of Periodic Review. The purpose of the periodic reviews shall be to determine whether the applicant/contracting party or its successor(s)-in-interest has complied in good faith with the terms or conditions of the development agreement:

i.    The Director shall determine on the basis of substantial evidence that the applicant or the successor(s)-in-interest has or has not complied with the agreement;

ii.    If as a result of this review the Director determines that the agreement is not being complied with, the Director shall notify the applicant by the service of summons or by registered or certified mail, postage prepaid, return receipt requested, also indicating that failure to comply within a period specified, but in no event less than thirty (30) calendar days, may result in legal action to enforce compliance, termination, or modification of the agreement;

iii.    It is the duty of the applicant or the successor(s)-in-interest to provide evidence of good-faith compliance with the agreement to the Director’s satisfaction at the time of the review;

iv.    Refusal by the applicant or the successor(s)-in-interest to provide the required information shall be deemed prima facie evidence of violation of the development agreement;

v.    If, at the end of the time period established by the Director, the applicant or the successor(s)-in-interest has failed to comply with the terms of the agreement or, alternatively, submitted additional evidence satisfactorily substantiating compliance, the Director shall notify the Commission of the findings recommending the action as the Director deems appropriate, including legal action to enforce compliance or to terminate or modify the agreement;

vi.    Where the Director notifies the Commission that the Director’s findings indicate that a development agreement is being violated, a public hearing shall be scheduled before the Commission to consider an applicant’s reported failure to comply and the action recommended by the Director. Procedures for conduct of the hearing shall be the same as provided in this section for initiation and consideration of a development agreement; and

vii.    If, as a result of the hearing, the Commission finds that the applicant or the successor(s)-in-interest is in violation of a development agreement, it shall notify the Council of its findings, recommending action as it deems appropriate.

b.    Council Actions Following Periodic Review. Where the Commission reports the violation of a development agreement, the Council may take one (1) of the following actions:

i.    Approve the recommendation of the Commission instructing that action be taken as indicated in cases other than a recommendation to terminate or modify an agreement;

ii.    Refer the matter back to the Commission for further proceedings with or without instructions; or

iii.    Schedule the matter for public hearing before the Council where termination or modification of an agreement is recommended. Procedures for conduct of the public hearing shall be the same as provided in this section for initiation and consideration of a development agreement.

K.    Violation of Agreement—Commission Review.

1.    Where the Director notifies the Commission that the Director’s findings indicate that a development agreement is being violated, a public hearing shall be scheduled before the Commission to consider the applicant’s reported failure to comply, and the action recommended by the Director. Procedures for conduct of such hearing shall be the same as provided herein for initiation and consideration of a development agreement.

2.    If, as a result of such hearing, the Commission finds that the applicant or the successor-in-interest is in violation of a development agreement, it shall notify the Council of its findings, recommending such action as it deems appropriate.

L.    Violation of Agreement—Council Review. Where the Commission reports the violation of a development agreement, the Council may take one (1) of the following actions:

1.    Approve the recommendation of the Commission, instructing that action be taken as indicated therein in cases other than a recommendation to terminate or modify an agreement; or

2.    Refer the matter back to the Commission for further proceedings with or without instructions; or

3.    Schedule the matter for Council hearing where termination or modification of an agreement is recommended. Procedures for such hearing shall be as provided in Section 17.06.110 (Type II Public Noticing (Public Hearing). (Ord. 13-8 § 4 (Exhs. A, D), 6/11/13; Ord. 14-1 § 5 (Exh. A), 3/25/14)

Subsections:

A.    Purpose.

B.    Application Filing, Fees, and Project Review.

C.    Contents.

D.    Additional Contents for a Specific Plan.

E.    Project Notice and Required Actions.

F.    Commission and Council Actions.

G.    Findings.

H.    Adoption and Amendments.

I.    Administration.

J.    List of Specific Plans.

K.    List of Corridor Plans.

A.    Purpose. This section establishes procedures for consideration of specific and corridor plans as authorized by the State Government Code. The specific plan and corridor plan are intended to achieve the following purposes:

1.    To promote and protect the public health, safety and welfare;

2.    To implement the objectives and policies of the General Plan;

3.    To safeguard and enhance environmental amenities, such as oak trees and ridgelines, and enhance the quality of development;

4.    To attain the physical, social, and economic advantage resulting from comprehensive and orderly planned use of land resources;

5.    To lessen congestion and assure convenience of access: to secure safety from fire, flood and other dangers; to provide for adequate light, air, sunlight and open space; to promote and encourage conservation of scarce resources; to facilitate the creation of a convenient, attractive and harmonious community; to attain a desirable balance of residential and employment opportunities; and to expedite the provision of adequate and essential public services;

6.    To facilitate development within the City in accordance with the General Plan by permitting greater flexibility and, consequently, more creative and imaginative designs for large-scale development projects than generally are possible under conventional zoning regulations;

7.    To promote more economical and efficient use of the land while providing a harmonious variety of housing choices and commercial and industrial activities, a high level of urban and public amenities and preservation of natural and scenic qualities of open space;

8.    In the case of a specific plan, to provide a process for initiation, review and regulation of large-scale comprehensively planned communities that afford the maximum flexibility to the developer within the context of an overall development program and specific, phased development plans coordinated with the provision of necessary public services and facilities; and

9.    In the case of a corridor plan, to continue implementing policies and goals set forth in the General Plan relating to preservation of community characteristics and community vitality and appropriate urban form principles emphasizing pedestrian orientation, integration of land uses, treatment of streetscapes as community living space, and environmentally sensitive building design and operation.

B.    Application Filing, Fees, and Project Review. Applications for a specific or corridor plan shall be in compliance with this chapter.

C.    Contents. The specific or corridor plan shall include the text and a diagram or diagrams, which specify the following in detail and include:

1.    The distribution, location, and extent of the uses of land, including open space, within the area covered by the plan;

2.    The plan shall include a statement of the relationship between the plan and the General Plan; and

3.    Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable.

D.    Additional Contents for a Specific Plan. In addition to the above, the following contents shall be included as part of a specific plan application:

1.    A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out the project; and

2.    The proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan.

E.    Project Notice and Required Actions. The notice of the public hearing shall be in compliance with Section 17.06.110 (Type II Public Noticing (Public Hearing)).

F.    Commission and Council Actions.

1.    Public Hearing by the Commission. The Commission shall conduct public hearings in compliance with Sections 17.06.120 (Public Hearing Procedure) and 17.06.140 (Recommendations after Public Hearing) and forward their recommendation to the Council.

2.    Commission Recommendation. A recommendation by the Commission relative to a specific or corridor plan shall be by resolution carried by the affirmative vote to the Council. If the Commission has recommended against the approval of a plan, the Council shall not be required to take further action, and the action of the Commission shall become final unless appealed to the Council in accordance with Chapter 17.07 (Appeals or Certification of Review).

3.    Notice of Commission Action. The Commission shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings).

4.    Public Hearing by Council. After receipt of the Commission’s affirmative recommendation, the Council shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure set forth in Section 17.06.110 (Type II Public Noticing (Public Hearing)).

5.    Council Action on Commission Recommendations. The Council may approve, modify or reject the recommendation of the Commission involving a specific or corridor plan, provided any modification of the proposed plan by the Council not previously considered by the Commission during its hearing shall first be referred to the Commission for report and recommendation. The Commission shall not be required to hold a public hearing.

6.    Public Hearing by Council—Notice of Action Taken. The Council shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings).

G.    Findings. The Council shall approve an application only after the applicant substantiates the required findings per Section 17.06.130 (Findings and Decision).

H.    Adoption and Amendments.

1.    Adoption. Specific and corridor plans, including any associated regulations, conditions, programs, and proposed legislation shall be adopted by ordinance according to the procedures established in Article 8, Chapter 3, in Division 1, Title 7 (Planning and Land Use) and other applicable provisions of the State Government Code.

2.    Amendments. Any amendments to such specific or corridor plans or regulations shall also be adopted in accordance with the State Government Code provisions and those mentioned below.

a.    A specific or corridor plan may be amended in the same manner as provided for adoption of a specific or corridor plan by this section.

b.    An amendment to a specific or corridor plan may be initiated by the Director, Commission, or Council. An amendment may also be initiated by the applicant for the specific or corridor plan or a successor thereto, provided such applicant or successor has, at the time of application for an amendment, a continuing controlling interest in development or management of uses within the specific plan.

I.    Administration.

1.    Administration. Specific and corridor plans and their associated regulations shall be administered in accordance with the State Government Code. Such plans and regulations may reference existing provisions and procedures of this code or they may develop different administrative procedures to use in the implementation of the plan.

2.    Specific and Corridor Plan Supersedes. Except as otherwise expressly provided in a plan, property may be used for any purpose and subject to all of the standards and requirements of the code. Where the regulations of a specific plan or corridor plan differ from the provisions of the code, such regulations shall supersede the provisions of the underlying zone as specified in the specific or corridor plan.

3.    Operation and Enforcement of Development Codes. All uses and all development carried out, or proposed to be carried out, within the boundaries of an area for which a specific plan or corridor plan has been adopted must comply with the requirements, standards, regulations, and all other provisions set forth in that specific plan or corridor plan in addition to all other provisions of law. Any failure to comply with a requirement, standard, regulation, or any other provision set forth in an adopted specific plan or corridor plan shall constitute a violation of the code. All such violations shall be subject to the enforcement provisions of the Municipal Code.

J.    List of Specific Plans. The following specific plans are added by reference, together with all maps and provisions pertaining thereto:

*    Approved by Los Angeles County and annexed into the City on 9/11/12.

K.    List of Corridor Plans. The following corridor plans are added by reference, together with all maps and provisions pertaining thereto:

(Ord. 13-8 § 4 (Exhs. A, D), 6/11/13; Ord. 20-10 § 6, 12/8/20; Ord. 21-4 § 5, 4/13/21)

Subsections:

A.    Purpose.

B.    Initiation.

C.    Review Authority and Related Procedures.

D.    Application Filing, Fees and Project Review.

E.    Project Notice and Required Actions.

F.    Commission and Council Actions.

G.    Findings.

H.    Additional Requirements for Zone Changes.

I.    Additional Requirements for Amendments.

J.    Change of Zoning Map.

K.    Consistency with Proposed Zone Changes or Amendments.

A.    Purpose. This section provides procedures and criteria for zone changes and amendments of zoning maps, and this code, whenever the Council determines that public convenience, general welfare, and/or zoning practice justify a zone change or an amendment. All such zone changes and amendments shall be made pursuant to the provisions of this code and Title 7 (Planning and Land Use) of the State Government Code. A prezone for areas to be included in an annexation area shall be considered a zone change in accordance with this code.

B.    Initiation.

1.    Initiation by the City. A zone change or amendment to the zoning map or this code may be initiated by the following:

a.    Council. The Council may instruct the Director to initiate a zone change or an amendment;

b.    Commission. The Commission may instruct the Director to initiate a zone change or an amendment; or

c.    Director. The Director may initiate a zone change or an amendment.

2.    Initiation by the Applicant. In the case of a zoning map amendment, it may also be initiated by the filing of a Class VII application.

3.    Urgency Ordinance. In the case of the zoning ordinance, the Council may also adopt an urgency measure as an interim ordinance in compliance with Section 65858 of the State Government Code.

C.    Review Authority and Related Procedures. Zone changes and amendments shall be approved or denied by the Council in compliance with Table 17.06-1 (Review Authority), and any additional requirements or review criteria for a Class VII application and amendment review established in this code.

D.    Application Filing, Fees, and Project Review. Applications for a zone change or amendment shall be in compliance with this chapter.

E.    Project Notice and Required Actions.

1.    Public Hearings and Notice Required. The notice of the public hearing shall be in compliance with Section 17.06.110 (Type II Public Noticing (Public Hearing)).

2.    Additional Area May Be Included. Where an application is filed requesting a zone change, the Director may elect to expand the boundaries of the area to be studied when, in the opinion of the Director, good zoning practice justifies the proposed expansion.

F.    Commission and Council Actions.

1.    Public Hearing by the Commission. The Commission shall conduct public hearings in compliance with Sections 17.06.120 (Public Hearing Procedure) and 17.06.140 (Recommendations after Public Hearing) and forward their recommendation to the Council.

2.    Commission Recommendation. A recommendation by the Commission relative to a zone change or amendment shall be by resolution carried by the affirmative vote to the Council. If the Commission has recommended against the approval of a zone change or amendment, the Council shall not be required to take further action, and the action of the Commission shall become final unless appealed to the Council in accordance with Chapter 17.07 (Appeals or Certification of Review).

3.    Notice of Commission Action. The Commission shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings).

4.    Public Hearing by Council. After receipt of the Commission’s affirmative recommendation, the Council shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure set forth in Section 17.06.110 (Type II Public Noticing (Public Hearing)).

5.    Council Action on Commission Recommendations. The Council may approve, modify or reject the recommendation of the Commission involving a zone change or amendment; provided, that any modification of the proposed zone change or amendment by the Council not previously considered by the Commission during its hearing, shall first be referred to the Commission for report and recommendation. The Commission shall not be required to hold a public hearing.

6.    Public Hearing by Council—Notice of Action Taken. The Council shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings).

G.    Findings. The Council shall approve an application only after the applicant substantiates the required findings per Section 17.06.130 (Findings and Decision).

H.    Additional Requirements for Zone Changes.

1.    Principles and Standards for Zone Changes. The Council shall approve a zone change only after the applicant substantiates all of the following required findings:

a.    That modified conditions warrant a revision in the zoning map as it pertains to the area under consideration;

b.    That a need for the proposed zone classification exists within such area;

c.    That the particular property under consideration is a proper location for said zone classification within such area:

i.    That placement of the proposed zone at such location will be in the interest of public health, safety and general welfare, and in conformity with good zoning practice; and

ii.    That the proposed zone change is consistent with the adopted General Plan for the area unless a General Plan amendment is filed concurrently and approved with said zone change.

I.    Additional Requirements for Amendments.

1.    Principles and Standards for Amendments. The Council shall approve an amendment other than a zone change only after all of the following required findings can be substantiated:

a.    The amendment is consistent with the adjacent area, if applicable;

b.    The amendment is consistent with the principles of the General Plan;

c.    Approval of the amendment will be in the interest of public health, convenience, safety, and general welfare and in conformity with good zoning practice;

d.    The amendment is consistent with other applicable provisions of this code; and

e.    Is necessary to implement the General Plan and/or that the public convenience, the general welfare or good zoning practice justifies such action.

J.    Change of Zoning Map. A zone change shall be adopted by ordinance and shall become the zoning for the property. The City Clerk shall notify the County Assessor of any changes of zone within ninety (90) calendar days of adoption by the Council.

K.    Consistency with Proposed Zone Changes or Amendments. Upon the determination of completeness by the Director of a zone change or development code amendment, a permit and/or application may be approved for the erection, construction, alteration, or change of any building, structure, or improvement covered by the proposed zone change or amendment which would conform to the requirements for the proposed zone. Permits and/or applications for the erection, construction, alteration, or change of any building, structure, or improvement in compliance with the existing zone and/or amendment under consideration shall be held in abeyance until the effective date of the proposed zone change or amendment. (Ord. 13-8 § 4 (Exh. A), 6/11/13)