Santa Rosa City Zoning Code
Division 5
Land Use and Development Permit Procedures
§ 20-50.010 Purpose of chapter.
This chapter provides procedures and requirements for the preparation, filing, and initial processing of the land use permit applications required by this Zoning Code.
(Ord. 3677 § 1, 2004)
§ 20-50.020 Authority for land use and zoning decisions.
A.
Zoning Code. Table 5-1 (Review Authority) identifies the City official or authority responsible for reviewing and making decisions on each type of permit application required by this Zoning Code. The following standards apply to the use of Table 5-1.
1.
The Zoning Administrator may defer action on any decision assigned to the Zoning Administrator by Table 5-1, and refer the request to the Commission, so that the Commission may instead make the decision.
2.
The Subdivision Committee may defer action on any decision assigned to the Subdivision Committee by Table 5-1, and refer the request to the Commission, so that the Commission may instead make the decision.
B.
Other City approvals. Other City approvals may be required beyond those identified in Table 5-1. Examples include the following:
2.
Surface Mining and Reclamation—Chapter 17-32.
Table 5-1 - Review Authority | ||||||
|---|---|---|---|---|---|---|
Type of Action | Role of Review Authority | |||||
Director | Zoning Administrator | DRPB | Subdivision Committee | Planning Commission | City Council | |
Administrative and Amendment Decisions | ||||||
Development Agreement | Recommend | Recommend | Decision | |||
Interpretation | Decision | Appeal (1) | Appeal | |||
General Plan Amendment | Recommend | Recommend | Decision | |||
Request for Reasonable Accommodation | Decision | Appeal | ||||
Zoning Code Amendment | Recommend | Decision | ||||
Zoning Map Amendment | Recommend | Decision | ||||
Concept Review | ||||||
Landmark Alteration Concept Review | Comment | |||||
Design Review Concept Review | Comment | |||||
Land Use Permits/Development Decisions | ||||||
Conditional Use Permit | Recommend | Decision | Appeal | |||
Minor Conditional Use Permit | Recommend | Decision | Appeal | |||
Design Review—DRPB | Recommend | Decision | Appeal | |||
Design Review—Zoning Administrator | Decision | Appeal | ||||
Design Review—Administrative | Decision | Appeal | ||||
Density Bonus/Affordable Housing Incentives | Decision | |||||
Supplemental Density Bonus | Decision | Appeal | ||||
Hillside Permit—Single dwelling and additions | Recommend | Decision | Appeal (1) | |||
Hillside Permit—All others | Recommend | Decision | Appeal | |||
Administrative or Minor Adjustment | Decision | Appeal (1) | ||||
Sign Permit | Decision | Appeal | ||||
Sign Program | Decision | Appeal | ||||
Sign Variance | Decision | Appeal | ||||
Temporary Use Permit | Decision | Appeal | ||||
Tree Permit | Decision | Appeal | ||||
Variance | Recommend | Decision | Appeal | |||
Minor Variance | Decision | Appeal (1) | ||||
Zoning Clearance | Decision | Appeal | ||||
Historic and Cultural Preservation Decisions | ||||||
Landmark or Preservation District Designation | Recommend | Decision | ||||
Landmark Alteration Permit—Major | Decision | Appeal | ||||
Landmark Alteration Permit—Minor | Decision | Appeal | ||||
Landmark Alteration Permit—Director | Decision | Appeal | ||||
Sign Permit/Program | Decision | Appeal | Appeal | |||
Subdivision Decisions (refer to City Code Title 19) | ||||||
Certificates of Compliance | Decision | Appeal | ||||
Lot Line Adjustments | Decision | Appeal | ||||
Parcel Mergers | Decision | Appeal | ||||
Reversions to Acreage | Recommend | Decision | Appeal | |||
Tentative Parcel Maps and Extensions | Recommend | Decision | Appeal | Appeal | ||
Tentative Maps and Extensions | Recommend | Decision | Appeal | |||
Notes: | |
|---|---|
(1) | Commission makes decision if matter is referred to Commission by Director or Zoning Administrator, in which case appeals are then elevated to the next higher. |
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 3995 § 10, 2012; Ord. 2021-012 § 38; Ord. 2023-006, 6/6/2023; Ord. 2025-003, 2/25/2025; Ord. 2025-004, 3/18/2025)
§ 20-50.030 Pre-application review.
A prospective applicant is strongly encouraged to request a pre-application review with the Department before permit application submittal.
A.
The purpose of this review is to inform the applicant of City requirements as they apply to the proposed project, review the City's permit review process, possible project alternatives or modifications, and to identify necessary technical studies and required information relating to the environmental review of the project.
B.
Neither the pre-application review nor the provision of information and/or pertinent policies shall be construed as a recommendation for approval or denial of the application/project by Department representatives.
C.
The Council may establish a required fee for a pre-application review, to recover costs to the City to provide the service.
See also Section 20-50.050.D (Pre-application neighborhood meeting required). |
(Ord. 3677 § 1, 2004)
§ 20-50.040 Concept review.
A.
Purpose and intent. Concept review is intended to provide an opportunity for non-binding comments from the Design Review and Preservation Board (DRPB) to the applicant and interested citizens, as to how an application may meet the City's development priorities. Concept review is designed to offer advice and suggestions only, and shall not result in conclusions by the DRPB.
B.
Applicability. Concept review may occur when clarification or interpretation is needed regarding the application of City policies (e.g., the General Plan, Zoning Code, applicable design guidelines, etc.) or when it is agreed that guidelines or standards may not be clear. Typically, concept review may be conducted with large complex projects or when locations, or conditions of significant local concern are involved.
C.
Review authority. The DRPB shall conduct concept review for projects in all Zoning Districts, including within the -H overlay.
D.
Application requirements. A request for concept review shall include the application form provided by the Department, the information required by the Department handout on concept review, and any required filing fee.
E.
Scheduling of review. Concept review shall occur prior to the submittal of a development application. Scheduling shall depend on submittal of the necessary information, availability of staff resources, and available agenda time.
F.
Noticing of review.
1.
Mailed notice. Concept review shall be noticed by mail to real property owners and occupants located in whole or in part within a radius of 600 feet from the exterior boundaries of the Assessor's parcels that are the subject of the concept review.
2.
Site posting. Notice shall also be given by:
a.
The City posting notices in at least two public places within the City boundary as specified by the Director; and
b.
The applicant installing a sign on the subject property in a place conspicuous to the public, at least 10 days before the scheduled concept review, as indicated in Section 20-66.020.C.3.b.
5.
Additional notice may be required at the discretion of the Director, including alternate methods and/or the use of a greater radius for notice for projects of particular interest, scale or size.
G.
Form of review. Concept review shall:
H.
Role of DRPB. During concept review, the DRPB shall not take action or make decisions; comments made by members of the DRPB are not binding on future DRPB actions. Individual DRPB members are not required to comment or participate in concept review items.
§ 20-50.050 Application preparation and filing.
A.
Pre-application neighborhood meeting required. Each discretionary project shall require a pre-application neighborhood meeting in compliance with the following requirements, to provide the opportunity for early input by affected neighbors. While neighborhood consensus or agreement is the goal, it is not a required outcome of the neighborhood meetings.
1.
When neighborhood meetings are required:
a.
A development proposal that is a discretionary project, requires a public hearing, and that may affect a residential neighborhood shall require one or more neighborhood meetings in compliance with this Section.
b.
A discretionary project is one that requires a decision based on the application of judgment by the Council, Commission, DRPB, Director, or the Zoning Administrator.
2.
When neighborhood meetings are not required:
a.
Neighborhood meetings are not required for nonresidential development proposals that are surrounded by nonresidential zoning districts and General Plan land use categories, unless there is an effect on a residential neighborhood, regardless of whether or not a public hearing is required.
b.
Neighborhood meetings are not required for "ministerial" projects.
c.
Ministerial proposals include the issuance of Building Permits, or other applications where the discretionary approval or permit has been granted.
3.
When a neighborhood meeting may be required. A neighborhood meeting may be required for a development proposal that otherwise would not require a meeting, if there is significant controversy or if interest has been expressed by the neighborhood regarding the proposal. In these cases, the Director shall determine whether to hold a meeting.
4.
Waiver of meeting requirement. The requirement for a neighborhood meeting may be waived in cases where the position of a neighborhood is established and/or recent contact indicates that there is no interest in holding a meeting. In these cases, the Director shall determine whether to waive the requirement for a meeting.
5.
Timing of neighborhood meeting.
a.
When required, a neighborhood meeting shall be held before submittal of the application for the development proposal, except as identified in subparagraph 3, above.
b.
If the neighborhood meeting is not held before submittal of the application for development, the application shall be deemed incomplete until the neighborhood meeting has been held.
6.
Follow-up meeting encouraged. When a neighborhood meeting has been held before submittal of the application, applicants are encouraged to hold a follow-up neighborhood meeting to explain project changes to the neighborhood, before the public review by the DRPB or Commission.
7.
Notification required.
a.
A neighborhood meeting shall be noticed by mail to real property owners and occupants located in whole or in part within a radius of 600 feet from the exterior boundaries of the Assessor's parcels that are the subject of the development proposal.
b.
The applicant shall install a sign on the subject property in a place conspicuous to the public, at least 10 days before the scheduled neighborhood meeting, as indicated in Section 20-66.020.C.3.b.
c.
The City shall post notices in at least two public places within the City boundary as specified by the Director.
d.
Notice shall also be given by posting on the Department's City webpage. Alternative online postings, including but not limited to social media are encouraged and at the discretion of the Director.
e.
Notice shall be emailed to the Community Advisory Board (CAB) and posted to an electronic distribution list for City public notices.
f.
Additional notice may be required at the discretion of the Director, including alternate methods and/or the use of a greater radius for notice for projects of particular interest, scale or size.
8.
Staff responsibilities at meeting. City staff is required to attend the neighborhood meetings. The staff role is to identify and explain City policies, including provisions of the General Plan and this Zoning Code as they relate to the development proposal under consideration. Staff may provide objective commentary on the proposal, but is not expected to present a position or recommendation on the proposal at the neighborhood meeting. Staff shall also serve as moderator/facilitator, and take meeting notes.
9.
Applicant responsibilities at meeting. The applicant or representative is required to attend the neighborhood meeting and provide basic information including the following:
a.
Site analysis, graphically depicting existing conditions and the neighborhood context;
b.
Conceptual site plan showing locations of all proposed structures, roads, parking areas, landscaping, and conceptual parcel lines with approximate dimensions;
c.
Conceptual building design information and the proposed density of the project;
d.
Purpose of the project and its target market.
10.
Independent professional staff recommendation required. Neighborhood or applicant comments and recommendations are not binding on staff. City staff will consider the neighborhood comments, as well as those of all referral agencies/organizations, but will formulate its own independent professional recommendation to the applicable review authorities.
B.
Application contents. Land use permit applications shall be filed with the Department using the forms provided by the Department. Applications shall include all necessary fees and/or deposits, and all other information and materials required by the Department. It is the responsibility of the applicant to provide information in support of any findings required by Chapter 20-52 (Permit Review Procedures) for the approval of the permit or other approval being requested.
C.
Eligibility for filing. Applications may only be filed by the owner of the subject property, or other person with the written consent of the property owner. If filed by another person, the property owner signature shall be on the application form.
E.
Notice of application. All applications requiring a public hearing, and minor projects that received concept design review, shall be noticed by mail to real property owners and occupants located in whole or in part within a radius of 600 feet from the boundaries of the subject Assessor's parcels, posted to the Department's webpage, emailed to the Community Advisory Board (CAB), and posted to an electronic distribution list for City public notices within 45 days of the application submittal. Additional notice may be required at the discretion of the Director, including alternate methods and/or the use of a greater radius for notice for projects of particular interest, scale or size.
§ 20-50.060 Application fees.
A.
Fee Schedule. The Council shall set, by resolution, and may amend and revise from time to time, a schedule of fees for the processing of the permit applications required by this Zoning Code, hereafter referred to in this Zoning Code as the Council's Fee Schedule.
B.
Multiple applications. The City's processing fees are cumulative. For example, if an application for a Design Review also includes a Conditional Use Permit or a Zoning Map Amendment also includes a Tentative Map, both fees shall be charged.
C.
Timing of payment.
1.
Payment of fees required. All required fees shall be paid at the time an application is filed and no processing shall commence until all fees and deposits have been paid in full.
D.
Refunds and withdrawals. The required application fees cover City costs for public hearings, mailings, staff time, and the other activities involved in processing applications. Therefore, no refunds due to a denial are allowed. In the case of a withdrawal, the Director shall have the sole discretion to authorize a partial refund based upon the pro-rated costs to-date and the status of the application at the time of withdrawal.
(Ord. 3677 § 1, 2004)
§ 20-50.070 Indemnification of City.
A.
Agree to defend, indemnify, and hold harmless.
1.
When submitting an application for a discretionary approval in compliance with this Zoning Code, except for those identified in Subsection B, below, the applicant shall agree, as part of the application, to defend, indemnify, and hold harmless the City of Santa Rosa and its agents, officers, and employees from any action, claim, or proceeding brought against the City or its agents, officers, or employees which challenges the validity of any approval by the City, its agencies, boards, Commission, or Council.
2.
The indemnification shall apply to any attorney fees, costs of suit, damages, or other expenses awarded against the City, its agents, officers, and employees in connection with the action.
B.
Discretionary approvals exempt from indemnification. Indemnification is not required for the following:
1.
Concept Review by the DRPB;
2.
Minor Conditional Use Permits for fences;
3.
Minor Conditional Use Permits for home occupations;
4.
Design changes which do not alter existing setbacks or the footprint of the structure (e.g., addition or modification of windows or a skylight);
5.
Sign permits;
6.
Temporary Use Permits for seasonal outdoor sales (e.g., Christmas trees);
7.
Tree Permits; and
8.
Other minor applications that are exempted in writing by the Director.
C.
Notification to applicant. In the event that an action, claim, or proceeding described in Subsection A, above, is initiated against the City, the City shall promptly notify the applicant and property owner of the existence of the action, claim, or proceeding, and shall cooperate fully in the defense.
D.
City may choose to participate. Nothing in this Section shall prohibit the City from participating in the defense of any claim.
(Ord. 3677 § 1, 2004; Ord. 2025-003, 2/25/2025)
§ 20-50.080 Initial application review.
An application filed with the Department in compliance with this Zoning Code shall be processed in compliance with State law (Government Code Section 65943) and the following maximum time limits, as follows.
A.
Completeness review. The Director shall review each application for completeness and accuracy before it is accepted as being complete and officially filed. The Director's determination of completeness shall be based on the Department handout listing required application contents.
1.
Notification of applicant. As required by Government Code Section 65943, within 30 calendar days of application filing, the applicant shall be informed in writing, either that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the Director's letter, must be provided.
2.
Appeal of determination. Where the Director has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the Director is not required, the applicant may appeal the determination in compliance with Chapter 20-62 (Appeals).
3.
Time for submittal of additional information. When an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness shall occur. The time available to an applicant for submittal of additional information is limited by following Subsection A.4.
4.
Expiration of application.
a.
If an applicant fails to provide the additional information specified in the Director's letter within 120 days following the date of the letter and has not requested an extension of time, the application shall expire and be deemed withdrawn.
b.
The Director may grant one extension of up to 90 days.
c.
After the expiration of an application, project review shall require the submittal of a new, complete application, along with all required fees.
5.
Zoning Code violations on the site.
a.
The Director shall not find an application complete, and shall not process the application any further if conditions exist on the site in violation of this Zoning Code or any permit or other approval granted in compliance with this Zoning Code, unless the project proposed in the application includes the correction of the violations.
b.
The Director's authority under this Subsection shall apply whether:
B.
Environmental information.
1.
Request for additional information. After an application has been accepted as complete, the Director may require the applicant to submit additional information needed for the environmental review of the project in compliance with Section 20-50.090 (Environmental Assessment), below.
2.
Submitted within 120 days. The submittal of the required additional information shall occur within 120 days from the date of the Director's letter notifying the applicant that additional information is required.
3.
Failure to submit. Failure of the applicant to submit the additional information within the 120-day period identified in Subsection B.2, above, or as that period may be extended in compliance with Subsection B.4, below, will result in the Director scheduling the application for review and decision by the review authority with a recommendation for project disapproval.
4.
Allowable extensions. The Director may grant one extension of up to 90 days; the review authority may grant additional extensions of time as it deems appropriate.
C.
Referral. At the discretion of the Director, or where otherwise required by this Zoning Code or State or Federal law, an application may be referred to any public agency that may be affected by or have an interest in the proposed project.
D.
Withdrawal of application. An applicant may withdraw an application at any time. The written request for withdrawal shall be filed with the Department.
(Ord. 3677 § 1, 2004)
§ 20-50.090 Environmental assessment.
A.
Review under CEQA. After acceptance of a complete application, the project shall be reviewed as required by the California Environmental Quality Act (CEQA) and the City's environmental review procedures identified in Title 17 (Environmental Protection) of the City Code.
B.
Level of environmental assessment. The City shall evaluate the proposed project to determine the level of environmental assessment which would be required under CEQA.
1.
If the project requires a Negative Declaration or Mitigated Negative Declaration, that work shall be conducted by the City staff as part of its Initial Study of the application.
2.
The requirement for an Environmental Impact Report may necessitate the employment of an independent and qualified consultant under the direction of the City staff with costs to be borne by the applicant.
(Ord. 3677 § 1, 2004)
§ 20-50.100 Visual analysis.
When this Zoning Code or the Director require that a visual analysis be submitted to the City with a project application, the visual analysis shall be prepared in compliance with this Section.
A.
Purpose. The purpose of a visual analysis is to assist the City staff, the review authority, and interested citizens in understanding how a proposed structure and related site alteration will appear in the context of the site and surrounding properties and development.
B.
Content. A visual analysis shall consist of one or more three-dimensional depictions of a proposed project, including all proposed structures and site development, illustrating how the project will appear to observers, viewing the project from public rights-of-way and other public areas near the site.
C.
Form. The three-dimensional visual depictions provided in a required visual analysis may take the form of one or more:
1.
Rendered perspectives;
2.
Photo-montages;
3.
Computer generated simulations; or
4.
Any other technique acceptable to the Director that will provide an accurate three-dimensional visual depiction of the proposed project in its proposed location and context with sufficient detail to clearly illustrate how proposed structures and site development will look when complete.
D.
Specific project requirements. The requirements for the content and form of a visual analysis for a specific project (e.g., the number of illustrations required and their vantage points) will be determined by the Director in each case. Written analysis and/or design in addition to illustrations may also be required when determined by the Director to be necessary to clearly understand the potential visual impacts of the project.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1, 2005)
§ 20-52.010 Purpose of chapter.
A.
Permit review procedures. This chapter provides procedures for the final review, and approval or denial of the land use permit applications established by this Zoning Code.
B.
Subdivision review procedures. Procedures and standards for the review and approval of subdivision maps are found in Title 19 (Subdivisions) of the City Code.
(Ord. 3677 § 1, 2004)
§ 20-52.020 Zoning Clearance.
A.
Purpose. A Zoning Clearance is the procedure used by the City to verify that a proposed land use or structure is allowed in the applicable zoning district, and that the project complies with the development standards of this Zoning Code that apply to the use, consistent with the General Plan.
B.
Applicability.
1.
When required. Where Division 2 (Zoning Districts and Allowable Land Uses) or other provision of this Zoning Code require a Zoning Clearance as a prerequisite to establishing a new or modified land use, authorizing a change in ownership, or the issuance of a Business Tax Certificate, the Zoning Clearance shall be required at the time of Department review of any change in use or occupancy authorization required by this Zoning Code.
a.
Land use. A Zoning Clearance shall be obtained before the initiation or commencement of any use of land not requiring the construction of a structure.
b.
Change of use. Whenever a use is proposed to be changed from an activity for which a Zoning Clearance has been issued, or which is exempt under Subsection B.1 (When required), whether or not the new use involves a new lessee, operator, or owner, a new Zoning Clearance shall be obtained.
c.
Change of tenancy or ownership. A new Zoning Clearance shall be obtained for a change of lessee, operator, or owner even when the change does not involve a change in the use or activity being conducted on the subject property.
d.
Residential use. The provisions of this section shall not apply to any residential land use within a residential zoning district.
C.
Form of Zoning Clearance. A Zoning Clearance may take the form of a Zoning Clearance Certificate, an authorized signature on another City approval document, a stamp or authorized signature on a set of building plans, or other form determined by the Director to be appropriate.
D.
Issuance. The Director shall issue the Zoning Clearance after determining that the request complies with all Zoning Code provisions applicable to the proposed use.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005)
§ 20-52.030 Design Review.
A.
Purpose. This section establishes procedures for the City's review of the design aspects of proposed development (for example, building design, landscaping, site planning and development, and signs), in compliance with the City's Design Guidelines.
B.
Applicability.
1.
Private projects. Design Review approval is required for all projects requiring a Building Permit and all exterior physical changes to existing structures that may or may not require a Building Permit except for the following:
a.
Landscaping repair or replacement;
b.
Parking lot repaving;
c.
Repainting, even when it includes a color change, unless the repainting is for the purpose of creating signage for the building;
d.
Single-Family Residential accessory structures;
e.
Single-family Detached, dwellings which are proposed as part of a project within a PD zone, or where otherwise required by this Zoning Code;
f.
Solar panels, and integral parts of the solar panel system including supporting posts or poles, not including proposed new structures, such as a carport or other similar structures proposed in conjunction with the solar panel system. If proposed solar panels would have the possibility of creating a life or safety issue, such as excessive glare to local residences, sensitive facilities (airport) or water resources, the solar panels shall require a Minor Use Permit or Conditional Use Permit depending on the severity of the issues; and
g.
Activities subject to a Temporary Use Permit.
2.
City projects. The DRPB shall review each Building Permit application for a development project by any City agency or department, for which review is required by Subsection B (Applicability), above. Notwithstanding other provisions of this section, the review shall be for the purposes of providing advice to the Council or Housing Authority, respectively.
C.
Review authority. Table 5-2 identifies the review authority and notice requirements for Design Review.
TABLE 5-2 - DESIGN REVIEW AUTHORITY AND NOTICE REQUIREMENTS | ||||
|---|---|---|---|---|
Type of Application | Review Authority | Notice Requirements | ||
Director | Zoning Administrator | DRPB | ||
Projects that involve only minor exterior modifications. Examples include the addition or modification of awnings, doors and/or windows, rooftop equipment that cannot be seen from the street, ADA improvements associated with tenant improvements, "cool roof" material changes, outdoor dining areas for restaurants within commercial or industrial zoning districts, and other similar minor changes as determined by the Director of Planning and Economic Development. Projects that involve more extensive exterior modifications but that are not readily visible from offsite may also be considered by the Director of Planning and Economic Development. | ▪ | None | ||
Duplex and Half-Plex development projects | ▪ | None | ||
Projects that involve 10,000 square feet in total floor area and projects that include significant exterior changes to existing buildings and the construction of new structures. Also included are new minor telecommunication facilities, and the new construction or major remodel of automobile dealerships on sites zoned for vehicle sales regardless of total floor area. | ▪ | Public Meeting Notice Notice of Action (see Section 20-66.060) | ||
Projects that involve 10,000 square feet or more in total floor area and meet the requirements of Streamlined Design Review described in 20-52.030(D)3. | ▪ | Public Hearing Notice Notice of Action (see Section 20-66.060) | ||
Projects that involve 10,000 square feet or more in total floor area and major telecommunication facilities. (1)(2) | ▪ | Public Hearing Notice Notice of Action (see Section 20-66.060) | ||
Sign applications, including Sign Programs for multi-tenant projects. | ▪ | Notice of Action (see Section 20-66.060) | ||
Notes: | ||
|---|---|---|
(1) | Visually sensitive locations and projects include the following. | |
a. | Sites within the CMU (Core Mixed Use) zoning district, -G (Gateway),-H (Historic), or -SR (Scenic Resources) combining districts; | |
b. | Hillside sites, infill sites, and major intersections; | |
c. | Multi-family residential projects of 50 units or more, any three-story residential project, or an industrial or commercial project adjacent to residential; or | |
d. | Other project that the Director determines may have significant visual impact. | |
(2) | Each project in an identified visually sensitive area shall require a visual analysis in compliance with Section 20-50.100 (Visual analysis). | |
D.
Design Review process. The stages of Design Review established by this chapter are as follows:
1.
Conceptual Design Review. Conceptual Design Review is highly advised and provides the applicant with the review authority's tentative reaction to the general design concept of a proposed project. The review shall not include a formal decision on the application by the review authority. This review is optional, except within an -H combining district (see Section 20-58.060) and for projects utilizing Streamlined Design Review, as described in subsection 3.
2.
The Design Review and Preservation Board or Zoning Administrator shall adopt a formal resolution approving the design.
a.
The Design Review Board or Zoning Administrator shall adopt a formal resolution approving the design.
3.
Streamlined Design Review. Subject to the provisions of Subsection 3.b below, Design Review approval for new development and major remodels, with the exception of projects located within the Historic (-H) combining district, that meet the categories outlines in Subsection 3.a, are hereby delegated to the Zoning Administrator, through a streamlined process.
a.
Categories. Categories of Streamlined Design Review are as follows:
(1)
Priority Development Areas (PDAs). Design Review approval for new development and major remodels in one of the City's PDAs, which include childcare, lodging, mixed-use developments, multifamily residential, or single-room occupancy facility uses.
(2)
Affordable Housing. Design Review approval for new development and major remodels for projects where 100% of the units, excluding managers' units, within the development are dedicated as affordable to households making 60% or less of area median income (AMI), adjusted for family size. The development is subject to a recorded affordability agreement with the City's Housing and Community Services Department.
b.
Requirements.
(1)
Pre-application Concept Design Review. Prior to submittal of an application for Streamlined Design Review, Concept Design Review by the Design Review Board, as described in Section 20-50.040, shall be required.
(2)
Pre-application neighborhood meeting. Prior to submittal of an application for Streamlined Design Review, a pre-application neighborhood meeting shall be required in compliance with Section 20-50.050.A.
c.
Review authority referral. The Zoning Administrator may defer any decision and refer the request to the Design Review Board, pursuant to Section 20-50.020, Authority for Land Use and Zoning Decisions.
d.
Appeals. Any appeal of a decision by the Zoning Administrator for Streamlined Design Review shall be heard and determined by the City Council.
E.
Application requirements. An application for Design Review approval shall be filed in compliance with Chapter 20-50 (Permit Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for Design Review approval applications. It is the responsibility of the applicant to provide evidence in support of the findings required by subsection J (Findings and decision), below.
F.
Project review. The review authority shall consider the location, design, site plan configuration, and the overall effect of the proposed project upon surrounding properties and the City in general. Review shall be conducted by comparing the proposed project to the General Plan, any applicable specific plan, applicable Zoning Code standards and requirements, consistency of the project with the City's Design Guidelines, architectural criteria for special areas, and other applicable City requirements (e.g., City policy statements and development plans).
G.
Review with other entitlements. Final Design Review approval for projects that also require the approval of a discretionary permit (e.g., Conditional Use Permit, Variance, etc.) shall be acted upon following land use approval by the review authority in compliance with Table 5-1 (Review Authority).
H.
Public notice and hearing.
1.
Major Design Review—Public notice and hearing required. The Board shall conduct a public hearing on an application for Design Review before a decision on the application. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 20-66 (Public Hearings). The review authority may approve, approve with conditions, or disapprove a Design Review application based on the findings required by subsection I (Findings and decision), below.
2.
Minor Design Review—Public notice required. Before a decision on a Minor Design Review, the Department shall provide notice in compliance with Chapter 20-66 (Public Hearings).
a.
Public notice. The notice shall state that the Zoning Administrator will decide whether to approve or disapprove the Minor Design Review application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision.
3.
Streamlined Design Review—Public notice and hearing required. The Zoning Administrator shall conduct a public hearing on an application for Streamlined Design Review before a decision on the application.
a.
The Chairperson of the Design Review Board or their designee from the Design Review Board shall be present for the Public Hearing to comment on applicant responses to the direction provided by the Design Review Board during Concept Review.
b.
Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 20-66 (Public Hearings). The review authority may approve, approve with conditions, or deny a Design Review application based on the findings required by subsection I (Findings and decision), below.
I.
Findings and decision. Design Review approval shall require that the review authority first find all of the following:
1.
The design and layout of the proposed development is of superior quality, and is consistent with the General Plan, any applicable specific plan, applicable Zoning Code standards and requirements, the City's Design Guidelines, architectural criteria for special areas, and other applicable City requirements (e.g., City policy statements and development plans);
2.
The design is appropriate for the use and location of the proposed development and achieves the goals, review criteria and findings for approval as set forth in the framework of Design Review (Design Guidelines, Introduction, subsection C);
3.
The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments;
4.
The architectural design of the proposed development is compatible with the character of the surrounding neighborhood;
5.
The design of the proposed development will provide a desirable environment for its occupants, visiting public, and its neighbors through the appropriate use of materials, texture, and color, and would remain aesthetically appealing and be appropriately maintained;
6.
The proposed development will not be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity; and
7.
The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA).
J.
Time limit on approval. Design Review approvals shall be granted for the same period of time as other discretionary permit approvals, but in no case for more than a 24-month period.
1.
If construction in compliance with the Design Review approval has not been commenced within the approval period, the approval shall expire and be deemed automatically void.
2.
Upon request of the applicant, an extension of time may be granted by the same review authority which originally granted the Design Review approval.
3.
The extension shall not exceed 24 additional months.
K.
Modifications. Upon request of the applicant, the applicable review authority may authorize modifications of any application previously approved by the review authority in compliance with Section 20-54.060 (Changes to an Approved Project).
L.
Installation of landscaping and irrigation.
1.
Before issuance of a Building Permit for the subject project, final landscape and irrigation plans, where required, shall be approved by the Director as being consistent with the Final Design Review decision on the project.
2.
The landscape materials and irrigation equipment shown in the approved final landscape and irrigation plans shall be installed before final building inspection except where the Director has approved an extension of time for completion and has obtained from the applicant an agreement and adequate security, in compliance with Section 20-54.040 (Performance Guarantees).
M.
Conditions of approval. In granting Design Review approval, the review authority may impose any conditions of approval deemed reasonable and necessary to ensure that the project would comply with the findings required by Subsection I (Findings and decision), above.
N.
Post approval procedures. The procedures relating to appeals, project changes, issuance of a Building Permit, performance guarantees, and revocation in Division 6 (Zoning Code Administration), and those in Chapter 20-54 (Permit Implementation, Time Limits, and Extensions), shall apply following Design Review approval."
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 3933 § 2, 2010; Ord. 3968 § 17, 2011; Ord. 3995 §§ 11, 12, 2012; Ord. 4026 § 4, 2014; Ord. 2019-003 § 4; Ord. 2020-014 § 30; Ord. 2021-012 § 39; Ord. 2024-012, 11/19/2024; Ord. 2025-003, 2/25/2025)
§ 20-52.040 Temporary Use Permit.
A.
Purpose. This section establishes procedures for the granting of ministerial Temporary Use Permits for short-term activities.
B.
Applicability. A Temporary Use Permit allows the short-term activities listed in Subsection D (Allowed temporary activities), below that may not comply with the normal development or use standards of the applicable zoning district, but may otherwise be acceptable because of their temporary nature. Temporary Use Permits are not subject to Design Review in compliance with Section 20-52.030.
C.
Exempt temporary activities. The following allowed temporary activities are exempt from the requirement for a Temporary Use Permit. Activities that do not fall within the categories defined below shall comply with Subsection D (Allowed temporary activities).
1.
Construction yards—On-site. On-site contractors' storage yards of less than one acre, including a work trailer, in conjunction with an approved construction project. The contractor's storage yard shall be removed within 30 days of completion of the construction project, or the expiration of the companion Building Permit authorizing the construction project, whichever first occurs.
2.
Emergency facilities. Emergency public health and safety needs/activities, as determined by the Council.
3.
Location filming. The temporary use of a specific site for the location filming of commercials, movies, videos, etc., as approved by the Director of Transportation and Parking.
4.
Garage sales. The sale of personal goods which are owned by the household residing on a residentially zoned property for up to three consecutive days and three times within a 12-month period.
5.
Public property. Activities conducted on public property that are approved by the Council.
D.
Allowed temporary activities. The following temporary activities and structures may be allowed within the specified time limits, but in no case for more than 12 months, subject to the issuance of a Temporary Use Permit by the Director. Other temporary or short-term activities that do not fall within the categories defined below shall instead comply with the land use permit requirements and development standards that otherwise apply to the property.
1.
Car washes. Car washes conducted by a qualifying sponsoring organization on nonresidential properties. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Internal Revenue Code.
2.
Construction yards—Off-site. Off-site contractors' construction yards, including a work trailer in conjunction with an approved construction project. The permit shall expire and the construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion Building Permit, authorizing the construction project, whichever first occurs.
3.
Events. Arts and crafts exhibits, carnivals, circuses, concerts, fairs, farmers' markets, festivals, flea markets, food events, outdoor entertainment/sporting events, rodeos, rummage sales, secondhand sales, and swap meets for up to 21 consecutive days, or 36 weekend days, within a 12-month period, when conducted on non-residential properties.
4.
Outdoor displays and sales. The temporary outdoor display and sales of merchandise, in compliance with Section 20-42.110 (Outdoor Display and Sales) when conducted on non-residential properties.
5.
Seasonal sales lots. Seasonal sales activities (e.g., Halloween, Thanksgiving, Christmas, etc.) including temporary residence/security trailers, on non-residential properties, for up to 30 days and four times within a 12-month period.
6.
Temporary auto sales. The temporary outdoor sales of motorized vehicles may occur on any paved site within a CG, CV or CSC zone for a period of three consecutive days every three months not to exceed 36 days in a calendar year. The temporary sale may be set up one day prior to the three-day sale and taken down one day following the sale.
7.
Temporary parking lots. Temporary, unpaved parking facilities are allowed subject to the following conditions:
a.
The temporary parking facility must be located on the same parcel or contiguous parcel as the principal use, and have access only through the principal use.
b.
The temporary parking facility may be located on a noncontiguous parcel when it serves certain public, semi-public, or educational land uses.
c.
The Temporary Use Permit may be granted for an initial period not to exceed three years with a possible one-year extension.
d.
In reviewing the Temporary Use Permit, the review authority may attach conditions for fencing, drainage, dust control and other items as necessary to assure compatibility with surrounding uses and minimize potential adverse effects.
8.
Temporary real estate sales offices. A temporary real estate sales office may be established within the area of an approved development project, solely for the first sale of homes. An application for a temporary real estate office may be approved for a maximum of 12 months from the date of approval.
9.
Temporary structures. A temporary classroom, office, or similar structure, including a manufactured or mobile unit, may be approved for a maximum of 12 months from the date of approval, as an accessory use or as the first phase of a development project.
10.
Temporary work trailers. A trailer or mobile home used as a temporary work site for employees of a business:
a.
During construction or remodeling of a permanent commercial or manufacturing structure for a maximum of 12 months, or upon expiration of the Building Permit, whichever first occurs; or
b.
Upon demonstration by the applicant that the temporary work site is a short-term necessity for a maximum of 12 months, while a permanent work site is being obtained.
11.
Similar temporary activities. Similar temporary activities that the Director determines are compatible with the zoning district and surrounding land uses.
E.
Application requirements. An application for a Temporary Use Permit shall be filed in compliance with Chapter 20-50 (Permit Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for Temporary Use Permit applications. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection G (Findings and decision), below.
F.
Development criteria. The Director shall consider the following criteria based on the type and duration of the proposed temporary activity, using the requirements of the applicable zoning district and Division 3 (Site Planning and General Development Standards) for guidance:
1.
Floor areas, heights, landscaping, off-street parking, setbacks, signs, and other structure and property development features;
2.
Measures for removal of the activity and site restoration, to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Zoning Code; and
3.
Limitation on the duration of approved "temporary structures," to a maximum of 12 months, so that they shall not become permanent or long-term structures.
G.
Findings and decision. A Temporary Use Permit may be approved by the Director only after the Director first finds that the requested activity complies with applicable standards, and therefore the establishment, maintenance, or operation of the temporary activity would not be detrimental to the public health, safety, or welfare of persons residing or working in the neighborhood of the proposed activity.
H.
Post approval procedures. The procedures relating to appeals, performance guarantees, and revocation in Division 6 (Zoning Code Administration) shall apply following the approval of a Temporary Use Permit application.
1.
Condition of the site following temporary activity. Each site occupied by a temporary activity shall be cleaned of debris, litter, or other evidence of the temporary activity on completion or removal of the activity, and shall thereafter be used in compliance with the provisions of this Zoning Code. A performance security in a form and amount acceptable to the Director may be required before initiation of the activity to ensure cleanup after the activity is finished.
2.
Performance security for temporary structures. Before issuance of a Temporary Use Permit the applicant shall provide performance security in a form and amount acceptable to the Director to guarantee removal of all temporary structures within 30 days following the expiration of the Temporary Use Permit.
3.
Extensions of Temporary Use Permits prohibited. The term of a Temporary Use Permit may not be extended. Applicants for activities that would exceed the allowed terms identified in Subsection D (Allowed temporary activities) shall file for a Minor or Conditional Use Permit, rather than a Temporary Use Permit, in compliance with Section 20-52.050.
4.
Required lapse of time for Temporary Use Permits. Except for seasonal sales lots, a minimum of 30 days shall pass between the expiration of a Temporary Use Permit and the issuance of a new and similar Temporary Use Permit the for the same property, or the actual removal of the materials and structures associated with the former activity, whichever last occurs."
§ 20-52.050 Conditional Use Permit and Minor Conditional Use Permit.
A.
Purpose. Conditional Use Permits and Minor Conditional Use Permits provide a process for reviewing land use activities that may be desirable in the applicable zoning district, but whose effect on the site and surroundings cannot be determined before being proposed for a particular location.
B.
Applicability.
1.
When required. A Conditional Use Permit or Minor Conditional Use Permit is required to authorize proposed land uses identified by Division 2 (Zoning Districts and Allowable Land Uses) as being allowable in the applicable zoning district subject to the approval of a Conditional Use Permit or Minor Conditional Use Permit.
2.
Scope of review. The review of a Conditional Use Permit or Minor Conditional Use Permit application shall include all other land use activities occurring on the subject parcel.
C.
Review authority.
D.
Application requirements. An application for a Conditional Use Permit or Minor Conditional Use Permit shall be filed in compliance with Chapter 20-50 (Permit Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for Conditional Use Permit or Minor Conditional Use Permit applications. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection F (Findings and decision), below.
E.
Project notice and hearing.
1.
Conditional Use Permits—Public notice and hearing required. The Commission shall conduct a public hearing on an application for a Conditional Use Permit before a decision on the application. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 20-66 (Public Hearings).
2.
Minor Conditional Use Permits—Public notice required. Before a decision on a Minor Conditional Use Permit, the Department shall provide notice in compliance with Chapter 20-66 (Public Hearings).
a.
Public notice. The notice shall state that the Zoning Administrator will decide whether to approve or disapprove the Minor Conditional Use Permit application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision.
F.
Findings and decision. The review authority may approve or deny an application for Conditional Use Permit or Minor Conditional Use Permit approval. The review authority shall record the decision and the findings on which the decision is based. The review authority may approve a Conditional Use Permit or Minor Conditional Use Permit only after first finding all of the following:
1.
The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the City Code;
2.
The proposed use is consistent with the General Plan and any applicable specific plan;
3.
The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity;
4.
The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints;
5.
Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; and
6.
The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA).
G.
Issuance and duration.
1.
Issuance of the permit. Upon the approval of an application, the review authority shall authorize the issuance of a Conditional Use Permit or Minor Conditional Use Permit, with or without conditions, and one copy of which shall be forwarded to:
2.
Duration. Conditional Use Permits and Minor Conditional Use Permits shall be in effect for the duration of the use, or for a time periods specified in the conditions of approval, or until the time a revocation of the permit is effectuated.
H.
Conditions of approval. In approving a Conditional Use Permit or Minor Conditional Use Permit, the review authority may impose any conditions (e.g., buffers, landscaping and maintenance, off-site improvements, performance guarantees, screening, surfacing, time limits, etc.) deemed reasonable and necessary to ensure that the approval would comply with the findings required by Subsection G (Findings and decision), above.
I.
Post approval procedures. The procedures relating to appeals, performance guarantees, and revocation in Division 6 (Zoning Code Administration), in addition to those in Chapter 20-54 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of a Conditional Use Permit or Minor Conditional Use Permit application.
(Ord. 3677 § 1, 2004)
§ 20-52.060 Variance, Sign Variance and Minor Adjustment and Administrative Adjustment.
A.
Purpose. This Section allows Variances from the development standards of this Zoning Code only when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other conditions, the strict application of this Zoning Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts.
B.
Intent. The intent of the Section is to allow relief, in certain situations, from the strict application of the regulations identified within this Zoning Code only by reason of:
C.
Applicability.
1.
Allowable Minor Adjustments.
a.
Minor Adjustments provide a simplified procedure for City review and decision on requests that propose only a very minor modification of applicable Zoning Code standards, and only when pertaining to existing structures and not the construction of new structures. The Minor Adjustments are subject to the special findings identified in Subsection G (Findings and decision), below.
b.
An application for a Minor Adjustment shall be considered by the Director governing only the development standards identified in the following Table 5-3.
TABLE 5-3—SCOPE OF MINOR ADJUSTMENTS | |
|---|---|
Types of Minor Adjustments Allowed | Maximum Adjustment |
1. Parking. A decrease in the required number and design of parking aisles and spaces. | 25 percent |
2. Projections. An increase in the allowable projection of canopies, cornices, eaves, fireplaces, landings, masonry chimneys, overhangs, raised porches, stairways, and steps into a required setback area. | 25 percent |
3. Setback areas. A decrease in a required setback, but no closer to the property line than the average of the developed lots on the same block face, and so that no projection into a public utility easement is allowed. | 25 percent |
4. Structure height. An increase in the maximum allowable structure height. | 10 percent |
2.
Allowable Minor Variances.
a.
Minor Variances provide a simplified procedure for City review and decision on Variance requests that propose only a minor modification of applicable Zoning Code standards when the limitations established by the Minor Variance are otherwise subject to the same findings required for all Variances. (See Subsection G.)
b.
An application for a Minor Variance shall be considered by the Zoning Administrator governing only the development standards identified in the following Table, 5-4.
TABLE 5-4—SCOPE OF MINOR VARIANCES | |
|---|---|
Types of Minor Variances Allowed | Maximum Adjustment |
1. Projections. An increase in the allowable projection of canopies, cornices, eaves, fireplaces, landings, masonry chimneys, overhangs, raised porches, stairways, and steps into a required setback area, but no closer to any property line than allowed by the Uniform Building Code. | 25 percent |
2. Setback areas. A decrease in a required setback, but no closer to the property line than the average of the developed lots on the same block face, and so that no projection into a public utility easement is allowed. | 25 percent |
3. Structure height. An increase in the maximum allowable structure height. | 10 percent |
4. Required Variance. A request which exceeds the limitations identified in this subsection shall require the filing of a Variance application in compliance with Subsection 3 (Allowable Sign Variances), below. | |
3.
Allowable Sign Variances. Sign Variances are intended to provide greater flexibility in the application of sign regulations to address varied needs and unusual circumstances of certain commercial uses and businesses in the City. A Sign Variance is similar to a Variance, except that a Sign Variance has different findings as shown in the Zoning Code.
a.
Sign Variances provide a procedure for City review and decision on Sign Variance requests that propose an alternative to applicable Zoning Code standards.
4.
Allowable Variances. The Commission may grant an adjustment from the requirements of this Zoning Code governing only the following development standards:
a.
Development standards. Any development standard identified in Subsection C.1 (Minor Variances), above where the requested adjustment exceeds the maximum limits for a Minor Variance;
b.
Dimensional standards. Dimensional standards including distance-separation requirements, fence and wall requirements, landscape and paving requirements, lighting, loading spaces, parcel area, parcel dimensions, parking areas, open space, setbacks, structure heights, etc.;
c.
Numerical standards. Number of off-street parking spaces, loading spaces, landscaping, etc.;
d.
Other. Other standards including operational or performance standards relating to dust, glare, hours of operation, landscaping, light, noise, number of employees, etc.
5.
Allowable Administrative Adjustments. Administrative Adjustments may be considered for certain classes of Massage Related Uses, subject to the specific provisions and requirements of Sections 20-49.040(B), (C), (D), or (E). Administrative Adjustments are discretionary actions and not subject to the Project notice and hearing requirements of Section 20-52.060(F).
D.
Review authority. Minor Adjustments, Minor Variances, Sign Variances and Variances may be granted, with or without conditions, only in compliance with the following:
1.
Minor Adjustments. The Director may grant Minor Adjustments, or may defer action and refer the application to the Commission, in compliance with Subsection C.1 (Allowable Minor Adjustments), above;
2.
Minor Variances. The Zoning Administrator may grant Minor Variances, or may defer action and refer the application to the Commission, in compliance with Subsection C.2 (Allowable Minor Variances), above;
3.
Sign Variances. The Zoning Administrator may grant Sign Variances, or may defer action and refer the application to the Design Review and Preservation Board, in compliance with Subsection C.3 (Allowable Sign Variances), above; and
4.
Variances. The Commission may grant Variances in compliance with Subsection C.3 (Allowable Variances), above.
5.
Administrative Adjustments. The Director may grant or deny Administrative Adjustments or may defer action and refer the application to the Commission, in compliance with Subsection 20-52.060(C)(5) (Allowable Administrative Adjustments), above.
E.
Application requirements. An application for a Minor Adjustment, Minor Variance, Sign Variance and Variance shall be filed in compliance with Chapter 20-50 (Permit Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for Variance applications. It is the responsibility of the applicant to provide evidence in support of the applicable findings required by Subsection G (Findings and decision), below.
F.
Project notice and hearing.
1.
Major Variance. A public hearing shall be scheduled once the Director has determined the Variance application complete. The Planning Commission shall conduct a public hearing on an application for a Variance before the approval or denial of the application. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 20-66 (Public Hearings).
2.
Minor Variance and/or Sign Variance. Public notice required. Before a decision on a Minor Variance and/or Sign Variance, the Department shall provide notice in compliance with Chapter 20-66 (Public Hearings).
a.
Public notice. The notice shall state that the Zoning Administrator will decide whether to approve or disapprove the Minor Variance and/or Sign Variance application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision.
G.
Findings and decision.
1.
Special findings for Minor Adjustments. The review authority may approve a Minor Adjustment, with or without conditions, only after first making all of the following findings.
a.
The Minor Adjustment is necessary because the subject structure was legal when it was originally constructed, but changes in this Zoning Code or the applicable zoning district development standards caused the structure to become legal nonconforming.
b.
Granting the Minor Adjustment for the subject structure would not pose a serious hazard to the public health or safety of persons residing on or adjacent to the subject parcel.
c.
The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA).
2.
Findings for Sign Variances. The Review authority may approve a Sign Variance, with or without conditions, only after making all of the following findings.
a.
Strict compliance would preclude an effective design solution improving sign functionality, operational efficiency or appearance.
b.
Strict compliance would preclude an effective design solution fulfilling the basic intent of the applicable regulations.
c.
The variance will not constitute a grant of special privilege inconsistent with limitations imposed on similarly zoned properties or inconsistent with the purposes of the zoning regulations.
d.
The proposed sign is architecturally and aesthetically compatible with the major structures on the subject site, and adjacent sites and is compatible with the character of the established neighborhood and general environment.
e.
The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA).
3.
Findings for Minor Variances and Variances. The review authority may approve a Minor Variance or Variance, with or without conditions, only after first making all of the following findings.
a.
There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Zoning Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non-self created hardship or unreasonable regulation which makes it obviously impractical to require compliance with the applicable development standards.
b.
A non-self created hardship peculiar to the subject property does exist by reason of the conditions, and that these conditions are not common to all or most of the properties in the immediate area which are also within the identical zoning district. In this context, personal, family, or financial difficulties, loss of prospective profits, and existing zoning violations, or legal nonconforming uses or structures existing on neighboring properties shall not be deemed hardships justifying a Variance.
c.
Granting the Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the vicinity which are within the identical zoning district as the subject property, and that a Variance, if granted, would not constitute a special privilege to the subject property which is not held or enjoyed by neighboring properties within the identical zoning district.
d.
The Variance would not be of substantial detriment to adjacent properties and would not be in conflict with the purposes and intent of this Zoning Code, the General Plan, any applicable specific plan, or the public interest or welfare.
e.
The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA).
4.
Findings for Administrative Adjustments. The review authority may approve an Administrative Adjustment for a Massage Related Use, with or without conditions, subject to the specific provisions and requirements of Sections 20-49.040(B), (C), (D), or (E), only after first making the following findings.
a.
Unique Circumstances: There are unique circumstances applicable to the business, property and/or associated structure, so that the strict application of this Zoning Code denies the business owner privileges enjoyed by other similar uses in the vicinity and under identical zoning districts or creates an unnecessary and non-self created hardship or unreasonable regulation which makes it obviously impractical to require compliance with the applicable operational standards;
b.
Compatibility and Neighborhood Character: The proposed massage use is compatible with the existing character of the neighborhood;
c.
No Detriment to Public Welfare: The proposed massage use will not be detrimental to the public health, safety, or welfare.
H.
Precedent. The granting of a prior Variance shall not set a precedent for the granting of a further Variance, and each application shall be considered only on its individual merits.
I.
Recurrent conditions. A Variance shall not be granted if the review authority finds that the condition of the specific piece of property for which a Variance is sought, is so general or recurrent in the area as to make practicable the formulation anFindings for Administrative Adjustments. The review authority may approve an Administrative Adjustment for a Massage Related Use, with or without conditions, subject to the specific provisions and requirements of Sections 20-49.040(B), (C), (D), or (E), only after first making the following findings.d adoption of a general regulation (e.g., a Zoning Code amendment) to address and provide for the prevailing condition.
J.
Conditions of approval. In approving a Minor Adjustment, Minor Variance, or Variance, the review authority may impose any conditions (e.g., buffers, landscaping and maintenance, performance guarantees, screening, etc.) deemed reasonable and necessary to ensure that the approval would comply with the applicable findings required by Subsection G (Findings and decision), above and that the approval does not grant special privileges inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is located.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1, 2005; Ord. 4028 § 3, 2014; Ord. 2025-003, 2/25/2025; Ord. 2025-004, 3/18/2025)
§ 20-54.010 Purpose of Chapter.
This Chapter provides requirements for implementing or "exercising" the land use permits required by this Zoning Code, including time limits, and time extensions.
(Ord. 3677 § 1, 2004)
§ 20-54.020 Effective date.
The permits required by this Zoning Code shall become effective on the 11th day following the date of the decision of the review authority, provided that no appeal has been filed in compliance with Chapter 20-62 (Appeals). Effective dates regarding subdivision matters are identified in Title 19 (Subdivisions).
(Ord. 3677 § 1, 2004)
§ 20-54.030 Effect of City approval.
City approval of a land use permit in compliance with Chapter 20-52 (Permit Review Procedures) or other provision of this Zoning Code (e.g., a Hillside Development Permit—Section 20-32.060) shall require that the subject land use and/or development be designed, constructed, and operated over the life of the project in compliance with the approved plans, all conditions of approval, and all applicable provisions of this Zoning Code. Changes to an approved project may be considered by the City in compliance with Section 20-54.060 (Changes to an Approved Project).
(Ord. 3677 § 1, 2004)
§ 20-54.040 Performance guarantees.
An applicant may be required by conditions of approval, or by action of the Director, to provide adequate security to guarantee the faithful performance of any conditions of approval imposed by the review authority. The Director shall be responsible for setting the amount of the required security, after consultation with the Building Official. The guarantee shall be in a form acceptable to the City Attorney.
(Ord. 3677 § 1, 2004)
§ 20-54.050 Time limits and extensions.
A.
Time limits.
1.
Unless conditions of approval or other provisions of this Zoning Code establish a different time limit, any permit or approval not exercised within 24 months following the date on which the permit or approval was granted shall automatically expire and shall be void, except when associated with an approved Tentative Map in compliance with Subsection (A)(2), or where an extension of time is approved in compliance with Subsection B.
2.
All approved project entitlements, such as a Conditional Use Permit or Hillside Development Permit, associated with an approved Tentative Map shall remain effective concurrent with the period of time the Tentative Map is in effect. If an extension of time is requested for the associated Tentative Map, a similar extension of time for all associated entitlements shall be required and shall be processed concurrently with the Tentative Map extension request.
3.
The permit or approval shall not be deemed "exercised" until the permittee has substantially commenced the approved use on the site in compliance with the conditions of approval or a Building Permit has been issued involving the permit or approval and construction under the permit has commenced and is diligently pursued toward completion on the subject property.
4.
The permit or approval shall remain valid after it has been exercised as long as a Building Permit is active for the project, or a final building inspection or Certificate of Occupancy has been granted.
5.
If a project is to be developed in approved phases, each subsequent phase shall be exercised within 24 months from the date that the previous phase was exercised, unless otherwise specified in the permit or approval, or the permit or approval shall automatically expire and shall be void, except where an extension of time is approved in compliance with Subsection B.
6.
If a land use that was established in compliance with a Conditional Use Permit ceases operation for six months or more, the Conditional Use Permit shall expire.
B.
Extensions of time. Upon written request by the applicant, the Director may extend the time limit established by Subsection A for a permit or approval to be exercised.
1.
The applicant shall file a written request for an extension of time with the Department at least 30 days before the expiration of the permit or approval, together with the filing fee required by the Council's Fee Schedule. Expiration of the permit or approval will be stayed until the decision on the extension request if the request is filed 30 days before the original expiration.
2.
The Director shall determine whether the applicant has made a good faith effort to exercise the permit or approval. The burden of proof is on the applicant to establish, with substantial evidence beyond the control of the applicant (e.g., demonstration of financial hardship, legal problems with the closure of the sale of the parcel, poor weather conditions in which to complete construction activities, etc.), why the permit or approval should be extended.
3.
The Director may grant up to four 12-month extensions to the expiration date of the original approval only upon the Director's determination that conditions of the site and in the vicinity are substantially the same as when the permit or approval was originally granted.
(Ord. 3677 § 1, 2004; Ord. 3995 §§ 13, 14, 2012)
§ 20-54.060 Changes to an approved project.
Development or a new land use authorized through a permit or approval granted in compliance with Chapter 20-52 (Permit Review Procedures) of this Zoning Code shall be established only as approved by the review authority and subject to any conditions of approval, except where changes to the project are approved as follows.
A.
Application. An applicant shall submit an application requesting desired changes in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request.
B.
Review Authority. Table 5-5 identifies the review authority and notice requirements for Changes to an approved project. The Zoning Administrator or the Director may choose to refer any requested change to the original review authority for review and final action.
TABLE 5-5—Changes to an approved project requirements | ||||
|---|---|---|---|---|
Type of Allowed Changes | Review Authority | Notice Requirements | ||
Director | Zoning Administrator | Original Review Authority | ||
Changes to Mobile Food Facilities, Sign Programs, approved single or multi-family residential, residential small lot subdivision, lodging or child care facilities projects that involve only minor modifications to an approved site plan, architecture, or the nature of the approved land use as listed in Subsection C. | ▪ | Notice of Pending Action (See Section 20-54.060(E)) | ||
Changes to all other types of approved projects not listed above that involve only minor modifications to an approved site plan, architecture, or the nature of the approved land use as listed in Subsection C. | ▪ | Public Meeting Notice (see Section 20-66.020(G) and Notice of Action (see Section 20-66.060) unless the previously approved project received a Public Hearing, the project must then be a Public Hearing Notice with a Notice of Action (see Section 20-66.060) | ||
Changes to all types of approved projects that do not qualify for Director and/or Zoning Administrator review listed in Subsection C that involve major modifications to an approved site plan, architecture, or the nature of the approved land use. The Zoning Administrator or the Director may choose to refer any requested change to the original review authority for review and final action. | ▪ | Public Hearing Notice and Notice of Action (see Section 20-66.060) | ||
C.
The Director or Zoning Administrator action. The Director or Zoning Administrator, in compliance with Table 5-5, may authorize one or more changes to an approved site plan, architecture, or the nature of the approved land use where the Director or Zoning Administrator first finds that the changes:
1.
Are consistent with all applicable provisions of this Zoning Code;
2.
Do not involve a feature of the project that was a basis for findings in a negative declaration or environmental impact report for the project;
3.
Do not involve a feature of the project that was a basis for conditions of approval by the review authority (i.e., the Commission or Council) in the project approval; and
4.
Do not result in an expansion of the land use and/or activity.
D.
Changes approved by original review authority. A proposed change that does not comply with the criteria in Subsection C, above, shall only be approved by the original review authority for the project through an amended project application processed in compliance with this Zoning Code utilizing the appropriate application checklist for the original review authority.
E.
Notice of pending action. Prior to taking action on any Director level review for this Section, the Director shall notify by mail nearby property owners and others as set forth in Section 20-66.020C.1. The notice shall state that the Director will decide whether to approve or disapprove the application on a date specified in the notice and shall state the ten-day appeal period window of that decision in accordance with Chapter 20-62, Appeals.
(Ord. 3677 § 1, 2004; Ord. 2024-012, 11/19/2024)
§ 20-54.070 Permits to run with the land.
A permit or approval (e.g., Conditional Use Permit, Temporary Use Permit, Variance, etc.) granted in compliance with this Zoning Code shall continue to be valid upon a change of ownership (e.g., of the site, structure, or use that was the subject of the permit or approval application), provided that the use remains in compliance with all applicable provisions of this Zoning Code and any conditions of approval, and the approved use does not cease on the property for six months or more (see Section 20-54.040.A.5).
(Ord. 3677 § 1, 2004)
§ 20-54.080 Resubmittal.
A.
Purpose. The provisions of this Section determine whether an application required by this Zoning Code that has been denied by the City may be resubmitted immediately or can only be resubmitted after at least 12 months have elapsed since the date of denial.
B.
Types of denial. An application may be denied with or without prejudice.
1.
Denial with prejudice. An application may be denied with prejudice on the grounds that two or more similar applications have been denied in the past 24 months, or that other good cause exists for limiting the filing of applications with respect to the subject property.
2.
Denial without prejudice. A new application affecting or including all or part of the same property may be eligible for consideration within a 12-month period if the denial was made without prejudice.
C.
Resubmittal prohibited within 12 months. If the denial with prejudice or revocation becomes effective, no further application for the denied request or revoked permit shall be filed, in whole or in part, for the ensuing 12 months, except as otherwise specified at the time of denial or revocation, for the same or substantially similar discretionary permit, entitlement, or amendment for the same site.
D.
Director's determination. The Director shall determine whether the new application is for a discretionary permit or other approval which is the same or substantially similar to the previously approved, denied, or revoked permit, entitlement, or amendment.
(Ord. 3677 § 1, 2004)
§ 20-54.090 Covenants of Easements.
A.
Applicability. When necessary to achieve the land use goals of the City, the City may require a property owner holding property in common ownership to execute and record a Covenant of Easement in favor of the City.
B.
Form of covenant. The form of the Covenant shall be approved by the City Attorney, and the Covenant of Easement shall:
C.
Recordation. The Covenant of Easement shall be recorded in the County Recorder's Office.
D.
Effect of covenant. From and after the time of its recordation, the Covenant of Easement shall:
1.
Act as an easement, except that it shall not merge into any other interest in the real property; and
2.
Impart notice to all persons to the extent afforded by the recording laws of the State. Upon recordation, the burdens of the Covenant shall be binding on, and the Covenant shall benefit, all successors-in-interest to the real property.
E.
Enforceability of covenant. The Covenant of Easement shall be enforceable by the successors-in-interest to the real property benefitted by the Covenant and the City. Nothing in this Section creates standing in any person, other than the City, and any owner of the real property burdened or benefitted by the Covenant, to enforce or to challenge the Covenant or any requested amendment or release.
F.
Release of covenant. The release of the Covenant of Easement may be effected by the Commission, or the Council on appeal, following a noticed public hearing in compliance with Chapter 20-66 (Public Hearings).
1.
The Covenant of Easement may be released by the City, at the request of any person, including the City or an affected property owner, on a finding that the Covenant, on the subject property, is no longer necessary to achieve the land use goals of the City.
2.
A notice of the release of the Covenant of Easement shall be recorded by the Director with the County Recorder's Office.
G.
Fees. The City shall impose fees to recover the City's reasonable cost of processing a request for a release. Fees for the processing shall be established by the Council's Fee Schedule.
(Ord. 3677 § 1, 2004)
§ 20-54.100 Permit revocation or modification.
An approved land use permit or Variance may be revoked, or the conditions of approval or other provisions of the permit or Variance may be modified in compliance with this Section.
A.
Hearings and notice.
1.
The review authority shall hold a public hearing to revoke or modify an application, permit, or Variance granted in compliance with the provisions of this Zoning Code.
2.
Ten days before the public hearing, notice shall be mailed to the applicant and/or owner of the property for which the permit or Variance was granted, in compliance with Chapter 20-66 (Public Hearings).
3.
Notice shall be deemed delivered two days after being mailed, certified and first class, through the United States Postal Service, postage paid, to the owner as shown on the County's current equalized assessment roll and to the project applicant, if not the owner of the subject property.
B.
Review authority action.
1.
Land use permits. A land use permit may be revoked or modified by the review authority which originally approved the permit (e.g., Zoning Administrator, Commission, or Council), or the equivalent City review authority for permits originally approved by the County, after first making one or more of the following findings:
a.
Circumstances under which the permit was granted have been changed by the applicant to a degree that one or more of the findings required to grant the original permit can no longer be made;
b.
Permit issuance was based on misrepresentation by the applicant, either through the omission of a material statement in the application, or in public hearing testimony;
c.
One or more conditions of approval have been violated, or have not been complied with or fulfilled;
d.
The use or structure for which the permit was granted no longer exists or has been discontinued for a continuous period of at least 180 days, as defined in Chapter 20-61 (Nonconforming Uses, Structures, and Parcels);
e.
Failure or refusal to allow inspections for compliance; or
f.
Improvements authorized by the permit are in violation of any code, law, ordinance, regulation, or statute, or the use or structure is being operated or maintained in a manner which constitutes a nuisance.
2.
Variances. A Variance (including Minor Variances) may be revoked or modified by the review authority which originally approved the Variance (e.g., Zoning Administrator, Commission, or Council), or the equivalent City review authority for Variances originally approved by the County, after first making one or more of the following findings, in addition to those outlined in Subsection B.1 (Land use permits), above:
a.
Circumstances under which the Variance was granted have been changed by the applicant to a degree that one or more of the findings contained in the original approval can no longer be made in a positive manner, and the grantee has not substantially exercised the rights granted by the Variance; or
b.
One or more conditions of approval have been violated, or have not been complied with or fulfilled, and the grantee has not substantially exercised the rights granted by the Variance.
3.
Modification. Upon a finding that the land use or structure is operated or maintained in a manner constituting or causing a nuisance, the review authority which originally approved the permit or Variance, as an alternative to revocation, may modify the permit or Variance and impose additional conditions and/or may modify the existing conditions of the permit or Variance if the review authority finds that the grounds constituting or causing the nuisance would thereby be corrected or cured.
C.
Effect of revocation. The revocation of a land use permit or Variance shall have the effect of terminating the approval and denying the privileges granted by the original permit or Variance.
(Ord. 3677 § 1, 2004)
§ 20-56.010 Purpose of Chapter.
A.
Purpose and intent of a development agreement. A development agreement is a contract between the City and an applicant for a development project. A development agreement is intended to provide assurance to the 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 policies, rules, and regulations after project approval. In return, the City is provided assurance that the project would further important Citywide goals and policies which have been officially recognized by the Council, and provide the City with significant, tangible benefits beyond those that may be required by the City through project conditions of approval.
B.
Procedures. This Chapter provides procedures and requirements for the review, approval, and amendment of development agreements.
(Ord. 3677 § 1, 2004)
§ 20-56.020 Applicability.
B.
Interpretation of provisions. In construing the provisions of any development agreement executed in compliance with this Chapter, those provisions shall be read to fully effectuate, and to be consistent with, the specific language of this Zoning Code and the agreement itself.
(Ord. 3677 § 1, 2004)
§ 20-56.030 Review authority.
An application for a development agreement shall be considered by the Commission and Council in compliance with Section 20-56.040 E. (Notice and public hearings), below.
(Ord. 3677 § 1, 2004)
§ 20-56.040 Application filing, processing, and review.
A.
Application requirements. An owner of real property may request and apply through the Director to enter into a development agreement provided the following:
1.
The development agreement, if approved, would be in the best interests of the City;
2.
The status of the applicant as an owner of the property is established to the satisfaction of the Director;
3.
The application is made on forms approved, and contains all information required, by the Director; and
B.
Review and processing. The Director shall receive, review, process, and prepare, together with recommendations for Commission and Council consideration, all applications for development agreements.
C.
Processing and review fees.
1.
Processing fees. Processing fees, as established by the Council's Fee Schedule, shall be collected for any application for a development agreement made in compliance with this Chapter.
D.
Contents of development agreement.
1.
Mandatory contents. A development agreement shall specify the duration of the agreement, the allowed uses of the property, the density or intensity of the use, the maximum height and size of the proposed structures, and provisions for reservation or dedication of land for public purposes.
2.
Permissive contents. The development agreement may also include the following:
a.
Conditions, terms, restrictions, and requirements for subsequent discretionary actions; provided, the conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and the density or intensity of development identified in the agreement;
b.
A requirement that construction shall be commenced within a specified period of time and that the project, or any phase of the project, be completed within a specified time; and
c.
Terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time.
E.
Public notice and hearings.
1.
Notice. Notice of the hearings, identified in Subparagraphs 2 and 3, below, shall be given in the form of a notice of intention to consider approval of a development agreement.
2.
Commission. The Director, upon finding the application for a development agreement complete, shall set the application, together with recommendations, for a public hearing before the Commission in compliance with Chapter 20-66 (Public Hearings). Following conclusion of the public hearing, the Commission shall forward a written recommendation to the Council that it approve, conditionally approve, or deny the application.
3.
Council. Upon receipt of the Commission's recommendation, the City Clerk shall set the application and written recommendation of the Commission for a public hearing before the Council in compliance with Chapter 20-66 (Public Hearings). Following conclusion of the public hearing, the Council shall approve, conditionally approve, or deny the application in compliance with Subparagraph 7 (Findings), below.
4.
Terms and conditions. Should the Council approve or conditionally approve the application, it shall, as a part of the action of approval, direct the preparation of a development agreement embodying the terms and conditions of the application as approved or conditionally approved by it, as well as an ordinance authorizing execution of the development agreement by the Mayor.
5.
Ordinance. The ordinance shall contain the findings identified in Subparagraph 7 (Findings), below, and the facts supporting them.
6.
Evidence. It is the responsibility of the applicant to establish evidence in support of the required findings.
7.
Findings. The development agreement shall be approved only after first finding that:
a.
The development agreement is in the best interests of the City;
b.
The development agreement is consistent with the purpose, intent, goals, policies, programs, and land use designations of the General Plan, any applicable specific plan, and this Zoning Code;
c.
The development agreement will promote the public convenience, health, interest, safety, and general welfare of the City;
d.
The project will further important Citywide goals and policies that have been officially recognized by the Council; and
e.
The project will provide the City with important, tangible benefits beyond those that may be required by the City through project conditions of approval.
8.
Referendum. The ordinance may be subjected to referendum.
(Ord. 3677 § 1, 2004)
§ 20-56.050 Execution and recordation.
A.
Effective date. The City shall not execute a development agreement until on or after the date on which the ordinance approving the agreement, enacted in compliance with Subparagraph E.5, above, becomes effective.
B.
Mutual consent. A development agreement may be executed only on the mutual written consent of each party to the agreement.
C.
Conditioning approval. The provisions of this Chapter shall not be construed to prohibit the Director, Commission, or Council from conditioning approval of a discretionary permit or approval on the execution of a development agreement where the condition is otherwise authorized by law.
D.
Recordation. A development agreement shall be recorded with the County Recorder no later than 10 days after it is executed.
(Ord. 3677 § 1, 2004)
§ 20-56.060 Environmental review.
The approval or conditional approval of a development agreement in compliance with this Chapter shall be deemed a discretionary act for purposes of the California Environmental Quality Act (CEQA) and the City's environmental review procedures identified in Title 17 of the City Code.
(Ord. 3677 § 1, 2004)
§ 20-56.070 Periodic review.
A.
Periodic review required.
1.
Every development agreement, approved and executed shall be subject to periodic review, as specified in the agreement, by the Director during the full term of the agreement.
B.
Purpose of review.
1.
The purpose of the review shall be to determine whether the applicant or contracting party or the successors-in-interest has complied in good faith with the terms and conditions of the development agreement.
2.
The burden of proof shall be on the applicant or contracting party or the successors-in-interest to demonstrate compliance, to the full satisfaction of, and in a manner prescribed by, the Director.
C.
Compliance with the terms or conditions. If the Commission finds, on the basis of substantial evidence, that the applicant or contracting party or the successors-in-interest has not complied in good faith with the terms or conditions of the agreement, the Commission may recommend to the Council that it order, after a noticed public hearing in compliance with Chapter 20-66 (Public Hearings), the agreement to be terminated or modified.
(Ord. 3677 § 1, 2004)
§ 20-56.080 Amendment or cancellation of development agreement.
A.
Amendments or cancellations. A development agreement may be amended or canceled, in whole or in part, by mutual agreement of all parties to the agreement, or their successors-in-interest.
B.
Processing procedures. The requested amendment or cancellation shall be processed in the same manner identified by this Chapter for the adoption of a development agreement.
(Ord. 3677 § 1, 2004)
§ 20-56.090 Effect of development agreement.
A.
Rules, regulations, and policies. Unless otherwise provided by the development agreement, the policies, regulations, and rules governing allowed uses of the land, density, design, improvement, and construction standards and specifications, applicable to development of the property subject to a development agreement, are the policies, regulations, and rules in force at the time of execution of the agreement.
B.
Rights of the City. A development agreement shall not prevent the City, in subsequent actions applicable to the property, from applying new policies, regulations, and rules which do not conflict with those policies, regulations, and rules applicable to the property, nor shall a development agreement prevent the City from conditionally approving or denying any subsequent development project application on the basis of existing or new policies, regulations, and rules.
(Ord. 3677 § 1, 2004)
§ 20-58.010 Purpose.
The purpose of this Chapter is to promote the educational, cultural, economic and general welfare of the community by providing procedures for the identification, protection, enhancement, perpetuation and use of buildings, structures, signs, objects, features, sites, places, areas, districts, neighborhoods, streets, works of art, natural features, and significant permanent landscaping, that have special historical, archaeological, cultural, or architectural value in the City that will allow development to proceed while maintaining historic resources for the following reasons:
A.
To safeguard the City's heritage as embodied and reflected in such resources;
B.
To encourage public knowledge, understanding, and appreciation of the City's past;
C.
To foster civic and neighborhood pride and a sense of identity based on the recognition and use of cultural resources;
D.
To promote the use and enjoyment of cultural resources beneficial to the education and welfare of the people of the City;
E.
To preserve diverse and harmonious architectural styles and design preferences reflecting phases of the City's history and to encourage complementary, contemporary design and construction;
F.
To protect or enhance property values and to strengthen the economy of the City and the financial stability of its inhabitants;
G.
To protect and enhance the City's attraction to tourists and visitors, thereby stimulating business and industry;
H.
To identify as early as possible and resolve possible conflicts between the preservation of cultural resources and alternative land uses;
I.
To integrate the preservation of cultural resources and the extraction of relevant data from such resources into public and private land management and development processes;
J.
To conserve valuable material and energy resources by the ongoing use and maintenance of the existing built environment;
K.
To foster and encourage the preservation, restoration and rehabilitation of structures, areas and neighborhoods and thereby prevent future urban blight.
§ 20-58.020 Applicability.
A.
Relationship to CEQA. Decisions by the City in compliance with this Chapter are "discretionary" and relate to "discretionary projects" as these terms are used in the California Environmental Quality Act (CEQA). Any permit, including a Building Permit, or other City approval that would authorize any change in the exterior of any proposed or designated landmark, or the exterior of any structure, building or significant feature within a designated preservation district, is a discretionary permit or approval within the meaning of CEQA, except as otherwise allowed or directed by the State of California.
B.
Exceptions. Exceptions to the provisions of this Chapter in cases of dangerous conditions or economic hardship may be granted in compliance with Section 20-58.070 (Exceptions).
(Ord. 3677 § 1, 2004; Ord. 3942 § 2, 2010; Ord. 3955 § 2, 2010; Ord. 2020-014 § 32; Ord. 2025-003, 2/25/2025)
§ 20-58.030 Definitions.
Definitions of the technical terms and phrases used in this Chapter may be found in Division 7 (Glossary), under "Historic and Cultural Preservation."
(Ord. 3677 § 1, 2004)
§ 20-58.040 Design Review and Preservation Board.
The appointment, responsibilities, and other aspects of the Design Review and Preservation Board, which shall serve as the City of Santa Rosa's historic and cultural preservation review authority, hereafter referred to in this Chapter as the "DRPB," shall comply with Section 20-60.060 (Design Review and Preservation Board).
(Ord. 3677 § 1, 2004; Ord. 2025-003, 2/25/2025)
§ 20-58.050 Designation of landmark or preservation district.
A.
Initiation or termination of designation. A rezoning (Chapter 20-62) to designate a landmark or preservation district, or to repeal or modify a landmark or preservation district designation, may be initiated by resolution of the DRPB, the Council, the Commission, or by property owner application.
1.
Where the initiation is by the property owner, the application shall include the forms and other information required by the Planning and Economic Development Department, to ensure the fullest practical presentation of the facts for proper consideration of the application.
2.
Where the initiation is by the City Council, or the DRPB or Commission at the direction of Council, the Department shall collect and compile the data and information that otherwise would have been required with an application.
3.
Once the information has been compiled and reviewed by the Department, the initiating resolution shall be processed in the same manner as an application that has been determined to be complete.
A proposal or application to terminate or modify a landmark or preservation district designation shall be processed under the same rules and procedures required to designate a landmark or preservation district, and shall require the submittal of a historic resource survey/evaluation prepared by a qualified professional.
B.
DRPB review. The DRPB shall review the application, the site and its surroundings, and any related information, to ensure that the decision of the DRPB in response to the proposal will be consistent with the intent and purposes of this Chapter. The review may be conducted by members of the DRPB or the Director.
D.
DRPB decision. The DRPB may, by resolution, recommend to the Council the approval or denial of a proposed designation as follows.
1.
Approval of designation. After first making one or both of the following findings, the DRPB may recommend to the Council that:
a.
A specific site, place, building, structure, street, street furniture, sign, work of art, natural feature or other object be designated a landmark, if the DRPB first finds that the feature to be designated has specific historical, archaeological, cultural or architectural value in the City and that the purposes of this Chapter would be furthered by the designation; or
b.
An area of the City be designated a preservation district, if the DRPB first finds that the proposed area has historical significance or represents one or more architectural periods or styles typical to the history of the City and that the purposes of this Chapter would be furthered by the designation.
2.
Denial of designation. The DRPB may recommend to the Council that an application or proposal to designate a landmark, or a preservation district, be denied based upon the evidence presented, or lack thereof.
E.
Council hearing. The Council shall schedule a public hearing on a proposed landmark or preservation district designation, or termination, upon receipt of a recommendation from the DRPB. Notice shall be given, and the hearing shall be conducted, in compliance with Chapter 20-66 (Public Hearings). Following the closing of the hearing, the Council, based upon the information presented, shall act on the DRPB recommendation by either making the recommended designation, in whole or in part, or denying the application or proposal.
F.
Council decision. A landmark or preservation district shall be designated by the Council through the rezoning of the site to apply the Historic (-H) combining district (Section 20-28.030), in compliance with Chapter 20-64 (Amendments).
1.
A copy of the ordinance designating a landmark or preservation district shall be sent to the landmark owners, or all owners of property within the preservation district, as applicable.
G.
Notice of designation. Notice of the designation of a landmark or preservation district shall be transmitted by the City Clerk to the Sonoma County Assessor, the Sonoma County Recorder, and any other interested agencies.
H.
Effective date of designation. The provisions of this Chapter regulating landmarks and preservation districts shall apply from the effective date of the rezoning to apply the Historic (-H) combining district to the site and shall become inapplicable only as of the effective date of a rezoning to remove the Historic (-H) combining designation.
I.
Duty to maintain.
1.
Each person in possession or control and every owner of a landmark and any appurtenant premises shall maintain and keep in good repair the exterior of the landmark and premises. Good repair is defined as the level of maintenance and repair that clearly insures the continued availability of the landmark and premises for lawful reasonable uses and prevents deterioration, dilapidation and/or decay of the landmark and premises.
2.
Each person in possession or control and every owner of property located within a designated Preservation District shall maintain and keep in good repair the exterior of any structure, building and premises located within the district. Good repair is defined as that level of maintenance and repair which clearly insures the continued availability of the structures, buildings and premises for lawful reasonable uses and prevents deterioration, dilapidation and decay of the structures, buildings and premises.
(Ord. 3677 § 1, 2004; Ord. 2025-003, 2/25/2025)
§ 20-58.060 Landmark Alteration Permits.
A.
Applicability.
1.
Landmark Alteration Permit required. No person shall restore, rehabilitate, alter, develop, construct, demolish, remove or change the exterior appearance of any designated landmark, or any structure, building or significant feature within a preservation district without having obtained a Landmark Alteration Permit in compliance with this section.
2.
Exemptions from permit requirement. A Landmark Alteration Permit is not required for the following, if the project is found consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties:
a.
Repair, renovation or restoration involving the replacement of broken or damaged materials for structures identified as a contributor to a Preservation District, where original materials are proposed, and the repair, renovations or restorations do not include a change to the design of the structure;
b.
Repair, renovation or restoration using similar materials for structures identified as a non-contributor to a Preservation District;
c.
Repainting of previously painted exterior materials, even when it includes a color change, unless the repainting is for the purpose of creating signage for the building. Painting of previously unpainted exterior materials requires the approval of a Minor Landmark Alteration Permit, as identified in subsection (C)(2);
d.
Installation of rain gutters or downspouts;
e.
Installation of roof ventilators or skylights on areas of the roof that are not visible from the public right-of-way;
f.
Installation of a window air conditioning unit, on a side or rear elevation only;
g.
Demolition or removal of a non-historic building;
h.
Re-roofing a structure with materials determined to be similar to the original era, and that do not change the original roofline, except where original materials are no longer allowed by Building Code (e.g. asphalt or composition shingles in place of wood shingles);
i.
Replacement windows and doors that match the original location, size and configuration, and utilize original materials to the era;
j.
Solar panels, and integral parts of the solar panel system including supporting posts or poles, not including proposed new structures, such as a carport or other similar structures proposed in conjunction with the solar panel system. If proposed solar panels would have the possibility of creating a life or safety issue, such as excessive glare to local residences, sensitive facilities (airport) or water resources, the solar panels shall require a Minor Use Permit or Conditional Use Permit depending on the severity of the issues;
k.
Alterations or additions to structures that are identified as non-contributors to their respective Preservation District, if the alterations or additions are not readily visible from the public right-of-way;
l.
Installation of new landscaping and site features, including walkways and fences that are otherwise permitted by right and determined to be similar to the original era and/or consistent with similar features within the Preservation District; or
B.
Application requirements. Landmark Alteration Permit application preparation, filing, and processing shall comply with all applicable requirements of Chapter 20-50 (Permit Application Filing and Processing).
C.
Review authority. A Director Level Landmark Alteration Permit shall be approved or denied by the Director of the Planning and Economic Development Department. A Minor Landmark Alteration Permit shall be approved or denied by the Zoning Administrator. A Major Landmark Alteration Permit shall be approved or denied by the DRPB. All Landmark Alteration Permit actions shall be subject to the findings including in Section 20-58.060(F).
1.
Director Level Landmark Alteration Permit. A Director Level Landmark Alteration Permit shall be required for the following, and similar activities as determined by the Director, if the project is found consistent with applicable Secretary of the Interior's Standards for the Treatment of Historic Properties. A historic resource survey/evaluation prepared by a qualified professional is not required unless requested by City staff as necessary based on the scope of the proposed project.
a.
Non-Contributor: Any alterations or additions to a property identified as a non-contributor to a Preservation District when the alterations or additions are found to be compatible with the streetscape within the District. The applicant shall provide documentation through photographs, plans or other means to demonstrate compatibility with the streetscape;
b.
Contributor: The following alterations or additions to a property identified as a contributor to a Preservation District:
(1)
Renovation or restoration involving the replacement of broken or damaged materials, where a change in design or materials is proposed;
(2)
Minor modifications to structures, including, but not limited to, changing a window to a door or a door to a window, or changing the location of existing windows and doors, that are not readily visible from the public right-of-way;
(3)
Additions to existing single-family residential, multi-family residential or non-residential structures involving less than 500 square-feet and that are not readily visible from the public right-of-way;
(4)
An accessory structure, less than 500 square-feet in size, located in the rear yard of a non-corner lot, or otherwise not readily visible from the public right-of-way, including a garage, carport, storage shed, or other small structure, in compliance with all other applicable requirements of this Zoning Code;
(5)
New fences, or replacement fences proposed with different materials or a different design, that are otherwise permitted by right and determined to be similar to the original era and/or consistent with similar fences within the Preservation District;
(6)
Installation of roof ventilators or skylights, where visible from the public right-of-way;
(7)
Re-roofing a structure with materials other than the original era of the structure (e.g. tar and gravel roof), that do not otherwise qualify for an exemption;
(8)
Replacement windows and doors that utilize an alternative design and/or alternative materials that differ from the original design and materials; or
(9)
Installation of new landscape design elements including small entryway trellises, decks, or other small structures (not including plants, trees, ground cover, at-grade hardscape, or fences).
2.
Minor Landmark Alteration Permit. A Minor Landmark Alteration Permit shall be required for the following alterations or additions to a property identified as a contributor to a Preservation District, and similar activities as determined by the Director, if the project is found consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties. A historic resource survey/evaluation prepared by a qualified professional is not required unless requested by City staff as necessary based on the scope of the proposed project:
a.
Painting of previously unpainted exterior materials (e.g. stone and brick), if it is found to have no impact to the structure or the surrounding Preservation District;
b.
Change to the historic roofline of a structure, if it is found to have no significant impact to the structure or the surrounding Preservation District;
c.
A fence taller than otherwise allowed by Section 20-30.060(C), Fences, Walls, and Screening. Where a Minor Use Permit is required for additional fence height pursuant to Section 20-30.060(D), only a Minor Use Permit application shall be required; a second application for a Landmark Alteration Permit shall not be required.
While only a Minor Use Permit application and associated fees are required, all findings required for both approval of a Minor Landmark Alteration Permit by Section 20-58.060(F) and approval of a Minor Use Permit for additional fence height by Section 20-30.060(D) shall be met, and, if approved, both permits shall be issued;
d.
Removing or enclosing an existing porch or adding a new porch on the front elevation, if it is found to have no significant impact to the structure or the surrounding Preservation District;
e.
Minor modifications to structures, including, but not limited to, changing a window to a door or a door to a window, or changing the location of existing windows and doors, that do not otherwise qualify for a Director Level Landmark Alteration Permit;
f.
Additions to existing single-family residential structures involving less than 500 square-feet that are readily visible from the public right-of-way;
g.
Additions to existing non-residential or multi-family residential structures involving between 500 and 5,000 square-feet.
h.
The development of new non-residential or multi-family residential structures involving between 500 and 5,000 square-feet; or
i.
The construction of a new primary single-family dwelling.
3.
Major Landmark Alteration Permit. A Major Landmark Alteration Permit shall be required for the following alterations or additions to a property identified as a contributor to a Preservation District, and similar activities as determined by the Director, if the project is found consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties. A historic resource survey/evaluation prepared by a qualified professional is not required unless requested by City staff as necessary based on the scope of the proposed project.
a.
Demolition or removal of an existing historic building;
b.
Additions to existing single-family residential structures involving 500 square-feet or greater that are readily visible from the public right-of-way, including second-story additions to a one-story house;
c.
Additions to existing non-residential or multi-family residential structures of 5,000 square-feet or greater, or smaller projects that have been found inconsistent with the Secretary of the Interior Standards for Treatment of Historic Properties; or
d.
The construction of new non-residential or multi-family residential structures of 5,000 square-feet or greater, or smaller projects that have been found inconsistent with the Secretary of the Interior Standards for Treatment of Historic Properties.
4.
Design Review. For projects that also require Design Review pursuant to Section 20-52.030, Design Review, a separate application for Design Review shall not be required; only a Landmark Alteration Permit application and associated fees shall be required. However, all findings required for both approval of a Landmark Alteration Permit by Section 20-58.060(F) and approval of Design Review by Section 20-52.030(I) shall be met, and, if approved, both permits shall be issued.
D.
Hearing and decision.
1.
Major Landmark Alteration Permit. The DRPB shall schedule a hearing on an application for a Major Landmark Alteration Permit after the completion of the environmental determination on the proposed project, or the certification of an Environmental Impact Report. Notice shall be provided, and the hearing shall be conducted in compliance with Chapter 20-66 (Public Hearings).
2.
Minor Landmark Alteration Permit.
a.
Public notice. Before a decision on a Minor Landmark Alteration Permit, the Department shall provide notice in compliance with Chapter 20-66 (Public Hearings); provided that the notice shall state that the Zoning Administrator will decide whether to approve or disapprove the Minor Landmark Alteration Permit application at a public meeting on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the date specified for the decision.
3.
Director Level Landmark Alteration Permit. Notification. At least 10 calendar days prior to taking action on any proposed Director Level Landmark Alteration Permit, the Director shall notify, by mail as a Notice of Pending Action, all persons or entities as set forth in Section 20-66.020.(C)(1), except that the distance for the mailing shall be 300 feet from the exterior boundary of the subject property, or as otherwise determined by the Director. No public meeting or public hearing shall be required.
E.
Actions by the Director, Zoning Administrator or DRPB on Landmark Alteration Permits.
1.
Application to restore, alter or change. When the application is to restore, rehabilitate, alter, develop, construct, or change the exterior appearance of any landmark, or any structure, building or significant feature within a preservation district, the review authority, based upon the evidence presented and the criteria for decisions in Subsection F, may, by resolution, approve, conditionally approve, or deny the application.
2.
Application to demolish or remove. When the application is to demolish or remove any landmark, or any structure, building or significant feature within a preservation district, the DRPB, based upon the evidence presented and the criteria for decisions in Subsection F, may, by resolution, approve, conditionally approve, or deny the proposed demolition or removal. The decision of the DRPB to deny a proposed demolition or removal may be appealed to the Council in compliance with Chapter 20-62(Appeals).
F.
Findings for decision. The review authority shall consider the following findings, in determining whether to grant or deny a Landmark Alteration Permit:
1.
The proposed changes are consistent with applicable zoning standards except as directed by Zoning Code Section 20-12.020;
2.
Whether the proposed change implements the General Plan and any applicable specific plan;
3.
The consistency of the proposed change with the original architectural style and details of the building;
4.
The compatibility of the proposed change with any adjacent or nearby landmark structures or preservation district structures that have been identified as contributors to the respective district;
5.
The consistency and/or compatibility of the proposed textures, materials, fenestration, decorative features and details with the time period of the building's construction;
6.
Whether the proposed change will destroy or adversely affect important architectural features;
7.
Consistency with applicable Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings; and
8.
Other matters, criteria and standards as may be adopted by resolution of the City Council.
G.
Notice of decision. A copy of the DRPB resolution documenting its decision shall be provided to the applicant.
(Ord. 3677 § 1, 2004; Ord. 3968 §§ 18, 19, 2011; Ord. 2017-024 § 8; Ord. 2020-014 § 33; Ord. 2025-003, 2/25/2025)
§ 20-58.070 Exceptions.
A.
Dangerous condition. The provisions of this chapter shall not prevent any construction, removal or demolition determined by the Building Official to be immediately necessary to correct an unsafe and dangerous condition, as identified and declared in writing by the Building Official, of any structure or building which has been designated a landmark or which is located within a Preservation District. Only the work that is determined by the Building Official to be necessary to correct the dangerous and unsafe condition may be performed in compliance with this Section. In the event that any designated landmark or any structure or building within a Preservation District is damaged by fire or other calamity to such an extent that, in the written determination of the Building Official, it cannot feasibly be repaired or restored, it may be demolished in compliance with normal Building Permit procedures and applicable laws and regulations.
B.
Economic hardship. If the owner of a property that has been designated, or is proposed for designation as a landmark, or that is situated within a designated or proposed preservation district, believes that the burdens associated with the designation will cause an unreasonable economic hardship on their ownership and use of the property, the owner may apply to the DRPB for a certificate of economic hardship to alter, remove, or demolish the landmark or the improvements within a preservation district.
1.
Application requirements. An application for a certificate of hardship shall identify the landmark or proposed landmark or structure, building or significant feature within a designated or proposed Preservation District, describe what the owner wishes to do with the same, and shall include the following information:
a.
An estimate of the cost of the proposed construction, alteration, demolition or removal and an estimate of the cost that would be incurred to comply with the provisions of this chapter;
b.
A report from a licensed structural engineer or architect with experience in rehabilitation as to the structural soundness of any existing structures on the property and their suitability for rehabilitation;
c.
The estimated value of the property in its current condition; after completion of the proposed construction, alteration, demolition or removal; and in the case of a proposed demolition, after renovation of the existing property for continued use;
d.
In the case of a proposed demolition, an estimate from an architect, developer, real estate consultant, appraiser or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or re-use of the existing structures on the property;
e.
The amount paid for the property, the date of purchase and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and the buyer;
f.
If the property is income producing, the annual gross income from the property for the previous two years; itemized operating and maintenance expenses for the previous two years; and depreciation deduction and annual cash flow before and after debt service, if any, during the same period;
g.
The remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two years;
h.
All appraisals obtained within the previous two years by the owner or applicant in connection with any actual or contemplated purchase, financing or sale of the property;
i.
Any listing of the property for sale or rent, including the rent or price asked and offers received, if any, within the previous two years;
j.
Assessed value of the property according to the most recent assessment;
k.
The form of ownership or operation of the property, whether sole proprietorship, for-profit or not-for-profit corporation, listed partnership, joint venture or other;
l.
Any other information considered necessary by the DRPB to make a determination as to whether the property does yield or may yield a reasonable return to the owners;
m.
Any other information considered relevant by the owner on the issue of economic hardship.
2.
Determination of economic hardship. The DRPB shall review all evidence and information required of an applicant for a certificate of economic hardship and make a determination, by resolution, within 60 days of the completion of the environmental review of the application, as to whether the denial of a certificate of economic hardship would deprive the owner of the property of the reasonable use of, or economic return on, the property. If the DRPB determines that a denial of the certificate would so deprive the property owner, then the DRPB shall, by resolution, issue the requested certificate subject to the fulfillment of such feasible mitigation measures as are set forth in the environmental documents for the proposed project. The DRPB may solicit expert testimony on these issues, but may not incur costs in this regard without the prior appropriation of funds by the Council.
§ 20-58.080 Appeal.
Any person aggrieved by a decision of the Director, Zoning Administrator or DRPB in compliance with this Chapter may appeal the decision in compliance with Chapter 20-62 (Appeals). An appeal shall be processed in compliance with Chapter 20-62.
(Ord. 3677 § 1, 2004; Ord. 2025-003, 2/25/2025)
§ 20-58.090 Enforcement and penalties.
A.
Civil actions. At the request of the Zoning Administrator, the DRPB, or the Council, the City Attorney may file and maintain a civil action for injunctive relief to prohibit or enjoin any violation, or threatened violation of the provisions of this Chapter, and/or to compel the correction of any violation of this Chapter.
B.
Violation. Every person who violates any provision of this Chapter is guilty of a misdemeanor.
(Ord. 3677 § 1, 2004; Ord. 2025-003, 2/25/2025)
§ 20-58.110 Trees.
A.
A tree, as defined in Section 17-24.020, or group of trees which is not situated upon a designated landmark site or which has not been designated a "significant feature" on either a designated landmark site or within a designated preservation district shall not be subject to the provisions of this chapter, but shall be subject to the provisions of Municipal Code Title 17, Chapter 17-24 (Trees).
B.
A tree and each tree within a group of trees which has been designated a "significant feature" on a landmark site or within a preservation district are "heritage trees" as that term is used in Municipal Code Title 17, Chapter 17-24 (Trees) and each such tree shall come within and be subject to the provisions of Articles III through VII of Chapter 17-24 as a heritage tree; provided, however, that before the review authority considers an application to alter, remove, or relocate any such tree or group of trees, the application shall first be referred to the Design Review and Preservation Board for its comments and recommendation(s), which shall be considered by the review authority before any determination is made on the application.
(Ord. 2025-003, 2/25/2025)
§ 20-58.120 Processing review procedures for owners of historic properties.
On January 9, 2001, the Santa Rosa City Council adopted the Processing Review Procedures for Owners of Historic Properties, which was intended to assist property owners, designers and citizens in the preservation of Santa Rosa's historic resources. The Director of Planning and Economic Development is authorized to make any necessary edits to the Processing Review Procedures for Owners of Historic Properties to ensure that the document is maintained consistent with the City Municipal Code. Such amended procedures shall supersede the procedures adopted by Council on January 9, 2001 by Resolution No. 24694.
(Ord. 2025-003, 2/25/2025)