A.

Purpose. The purpose of the variance procedure is to allow variation from the strict application of the terms of this title. These variances may be allowed in order to prevent or lessen such practical difficulties and unnecessary hardships inconsistent with the objectives of the zoning title as would result from a strict or literal interpretation and enforcement of the regulations prescribed by this title. These difficulties or hardships may be caused by the size, shape or dimensions of a site, the location of existing structures thereon, or from geographic, topographic or other physical conditions on the site or in the immediate vicinity. Except as otherwise specifically provided in this title to the contrary, variances may be granted to the application of any of the regulations of this title. Variances shall not be granted for the purpose of allowing a use not permitted in the zoning district.

B.

Authority. The planning commission shall have the authority, subject to the provisions of this chapter, to grant such variances from the provisions of this title as may be in harmony with its general purpose and intent, so that the spirit of this title and the General Plan upon which it is based shall be observed and the public safety and welfare secured.

C.

Application.

1.

Application shall be made to the planning commission on a form prescribed for that purpose by the city. The application shall be filed with the planning department and shall contain the following information:

a.

The name and address of the applicant;

b.

The description of the property involved and the street address, if any;

c.

All details of the proposed construction or use of such property, including information as to special circumstances, necessity, desirability and effect upon neighboring property and inhabitants;

d.

Evidence that the applicant is the owner or purchaser under contract of the property involved, is the owner of a leasehold interest, or has the written permission of the owner to make application; and

e.

Such other information as may be required by the planning department.

All plans, drawings, photos, reductions and other information that may be required shall be submitted to the planning department before the application is officially accepted as complete. A list of required information shall be available in the planning department or on the application form.

2.

The filing fee shall be as set forth by resolution of the city council.

3.

All applications shall be reviewed by the planning department within thirty days after they are received to determine whether they can be officially accepted as complete. If they are not complete, the planning department staff shall notify the applicant what additional information is needed.

D.

Public Hearing By Planning Commission.

1.

Notice of Hearing. Notice of public hearing of the application shall be given pursuant to the requirements described in Section 17.50.090 of this chapter.

2.

Public Hearing Procedure. The planning commission shall consider the application for the variance at a public hearing, to be held not later than forty days following the date the application is accepted as complete. The variance shall become effective upon the expiration of the "Time Limit on Notice of Appeal" as provided in Section 17.50.060 F unless an appeal has been filed with the city council in accordance with procedure set forth in Section 17.50.060 of this chapter.

E.

Necessary Findings. The planning commission shall grant a variance only when all of the following findings are made:

1.

A hardship peculiar to the property and not created by any act of the owner, exists;

2.

That because of exceptional or extraordinary circumstances of subject property, including size, shape, topography, location or surroundings, the strict application of the terms of this title is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications;

3.

That the granting of the variance will be in harmony with the general intent and purpose of zoning objectives and will not be materially detrimental to public health, safety or welfare or injurious to property or improvements in the vicinity;

4.

That the granting of such variance shall not constitute a grant of special privilege inconsistent with the limitations upon other property in the vicinity and under identical zone classifications.

F.

Conditions. A variance may be revocable, may be granted for a limited time or may be granted subject to such conditions as the planning commission may prescribe. In the event of a violation of any condition imposed on the variance, the planning department shall notify the property owner of such violation and shall give the owner a reasonable time within which to correct the violation. Failure of the owner to correct a violation within the time allowed shall be grounds for revocation of the variance. A variance applies only to the property for which it has been granted and may not be transferred to any other property.

G.

New Application.

1.

A variance shall lapse and become void two years following the date on which the variance became effective unless by condition of variance, a greater time is allowed or unless prior to the expiration of the variance, a building permit is issued by the building inspector and construction is commenced and diligently pursued toward completion on the site which was the subject of the application. Variances may be extended for an additional period of up to one year, provided that prior to its expiration an application for extension is filed with the planning commission. The planning commission may grant or deny a request for extension, based on its judgment as to whether the reasons and justifications for extension are compelling and such extension will not be detrimental to the public health, safety and welfare. When granting a request for extension, the planning commission may add conditions or modify conditions of approval applied to the original application.

2.

Following the denial of a variance application or the revocation of a variance, no application for the same or substantially the same request shall be filed within one year of the date of denial or revocation of the variance, unless explicitly authorized by the planning commission or the denial or revocation is declared to be without prejudice to the filing of a new application within one year.

H.

Revocation.

1.

Any variance granted may be revoked by the planning commission after appropriate proceedings as herein provided upon a finding that any term or condition of the variance is not being satisfied. Such revocation may be initiated by the planning commission or by the planning director. The planning commission shall then set the matter for public hearing, giving notice thereof as prescribed in Section 17.50.090 of this chapter. At the time set for hearing, the commission shall receive pertinent evidence concerning the alleged violations and, upon conclusion of the hearing, shall on the basis of all the evidence and testimony submitted render its decision. The decision of the commission shall be final unless appealed to the city council.

2.

If the variance revocation is appealed to the city council, the written findings of fact on the alleged violations shall be submitted to the council along with the planning commission decision, whereupon the city council shall set the matter for hearing within thirty days thereof, giving notice of the hearing as prescribed in Section 17.50.090 of this chapter. At the hearing, the city council shall consider the commission's recommendation and at the conclusion thereof may sustain, modify, reject or overrule, wholly or partly, any decision of the commission on revocation. The decision of the city council shall be final.

I.

Decision—Findings—Continuance of Hearing. Any decision hereunder by the planning commission or by the city council on appeal shall be in writing and shall be supported by adequate findings as required by law, and a copy of such decision and findings shall forthwith be provided to the applicant and/or appellant, as the case may be, following the conclusion of the hearing on the matter. Any hearing held hereunder may be continued from time to time as necessary, except as may otherwise be provided in this title.

J.

Appeal. All decisions of the planning commission hereunder shall become final at the expiration of the "Time Limit on Notice of Appeal" as provided in Section 17.50.060 F unless an appeal is filed within this period of time with the city clerk. All such appeals shall be subject to the provisions of Section 17.50.060 of this chapter.

(Ord. 16.76 § 1 (part), 1989; Ord. 16.82 § 11, 1991; Ord. 16.84 § 4, 1992; Ord. No. 16-122, § 4, 5-3-2006)

No person shall operate a large family child care home without obtaining a large family child care home permit in compliance with the standards set forth within this subsection.

1.

Any person seeking a large family child care home permit shall submit an application for such permit to the community development director, including a site plan, setting forth any such reasonable required information that the community development director shall request, on application forms created by the community development director that reflect the standards in subsection (4) and (5) of this section and encourage the applicant to hold an informational neighborhood meeting prior to the submittal of the application. The community development director shall process the permit as economically as possible, and fees charged for review shall not exceed the costs of the review and permit process. The community development director shall act on the application within forty-five days of the date it is deemed complete. If a hearing is requested pursuant to subsection (3) of this section, the community development director may postpone decision on the application for up to sixty days from the date the application is deemed complete.

2.

At least ten days prior to the date on which the community development director will make a decision on an application for a large family child care home, the community development director shall give notice of the proposed use by mail or delivery to all owners shown on the last equalized assessment roll as owning real property within a one hundred foot radius of the exterior boundaries of the proposed large family child care home.

3.

No hearing shall be held before a decision is made on the application, unless a hearing is requested by the applicant or other affected person. (For purposes of this subsection, "affected person" means a person who owns property or lives within a one hundred foot radius of the proposed large family child care home.) If a hearing is requested, it shall be conducted by the planning commission, and the community development director shall give notice of the hearing by mail or delivery to all owners shown on the last equalized assessment roll as owning real property within a one hundred radius of the exterior boundaries of the proposed large family child care home.

4.

The community development director, planning commission or the city council shall grant a large family child care permit to the applicant upon finding that the proposed large family child care home:

a.

Conforms with all applicable city restrictions and regulations on yards, building height, setback, and lot coverage standards in the zone in which the residence is located. Legally nonconforming structures and uses shall be deemed to conform for purposes of this finding.

b.

Is either situated on a lot zoned for single family dwellings or meets a minimum standard of seventy-five square feet of outdoor activity space for each child. The outdoor area must be owned or leased by the applicant and cannot be shared with other property owners unless permission is granted by the joint owners.

c.

Is not located within a five hundred foot radius of the exterior boundaries of any existing large family child care home or child care center.

d.

Provides a least two parking spaces for customers during the family day care home's hours of operation, and provides parking for any employees of one off street parking space for employees who are not permanently residing at the house. The parking spaces shall be in a manner to be readily and safely utilized by the customer(s). The required parking spaces may be located on the street along the property frontage (off-site) or on the driveway (on-site). The following are examples of acceptable parking areas:

1.

On street parking areas along the property frontage,

2.

Guest parking spaces reserved for the use of the dwelling unit, or

3.

A private driveway exclusively serving a single dwelling unit such as a single family home.

e.

Complies with the following limitations when the dwelling unit is provided with a private driveway and/or garage:

1.

If the driveway is specified as the parking area for the use of the large family child care home, the driveway shall remain clear and available for customer(s) during the hours of operation; the parking spaces shall not be used by the property owner or child care home operator or employees during the hours of operations,

f.

Provides adequate access to the facility with minimal disruption to local traffic and circulation, including safe and adequate drop-off/pick-up areas, such as curb spaces and driveway areas that are of sufficient size and are located to avoid interference with traffic and to provides for the safety of children,

g.

Seeks, by design and layout of the site and considerate operational plans, to avoid noise which may be a nuisance to neighbors, consistent with local noise ordinances implementing the noise element of the general plan and taking into consideration the noise levels generated by children. Site plans revisions may be required by the community development director to minimize noise impacts, such as location of outside play areas, height and location of fences, and similar measures.

5.

As conditions of approval, the applicant shall be required to:

a.

Comply with applicable building codes,

b.

Comply with any standards promulgated by the State Fire Marshall pursuant to subdivision (d) of Section 1597.46 of the California Health and Safety Code related to large family child care homes and dwelling units, and submit a letter from the fire district approving the safety of the structure for use as a large family child care home pursuant to these standards,

c.

Be licensed or deemed to be exempt from licensor by the State of California for a large family child care home.

d.

Comply with any conditions imposed by the community development director deemed necessary to satisfy the requirements of subsection (4) of this section.

6.

The applicant or other affected person may appeal the decision. The procedures for appealing the decision shall be that the applicant or affected party must submit a written appeal to the community development director within fourteen calendar days of the decision. The appellant shall pay the cost of the appeal.

7.

A large family child care home permit shall expire if the use is not in operation for a period of one year.

8.

Large family child care home permits may, with thirty days notice, be revoked by the community development director if there are any violations to the permit issued.

9.

Large family child care homes that are licensed by the state at the time this ordinance is codified will have six months from the date of codification to register with the city as an existing non conforming use. There will be no fee for registering.

(Ord. 16.124, § 1, 9-19-2007)

A.

Purpose. Use permits may be revocable, conditional or valid for a term and may be issued for any of the uses or purposes for which such permits are required or permitted by the terms of this title. Due to their unusual characteristics, conditional uses require special consideration so that they may be located properly with respect to the objectives of the zoning ordinance and with respect to their effects on surrounding properties. In order to achieve these purposes and provide the district use regulations the necessary flexibility, the planning commission is empowered to grant and to deny applications for use permits and to impose such reasonable conditions in connection with a use permit as it deems necessary to secure the purposes of this title. The planning commission may require in connection therewith guarantees and evidence that such conditions will be satisfied.

B.

Application.

1.

Application shall be made to the planning commission on a form prescribed for that purpose by the city. The application shall be filed with the planning department and shall contain the following information:

a.

The name and address of the applicant;

b.

The description of the property involved and the street address, if any; assessor's parcel numbers shall suffice for purposes of this section unless only a portion of the parcel is intended for use; in such event, a metes and bounds description of the area proposed to be developed will be required;

c.

An indication of the precise interest of the applicant in the property;

d.

Plans and elevations necessary to show the detail of the proposed use or building; and

e.

Such other information as may be required by the planning department.

All plans, drawings, photos, reductions and other information that may be required shall be submitted to the planning department before the application is officially accepted as complete. A list of required information shall be available in the planning department or on the application form.

2.

The filing fee shall be as set by resolution of the city council.

3.

All applications shall be reviewed by the planning department within thirty days after they are received to determine whether they can be officially accepted as complete. If they are not complete, the planning department staff shall notify the applicant what additional information is needed.

C.

Public Hearing by Planning Commission.

1.

Notice of Hearing. Notice of public hearing of the application shall be given pursuant to the requirements described in Section 17.50.090 of this chapter.

2.

Public Hearing Procedure. The planning commission shall consider the application for a conditional use permit at a public hearing, to be held not later than forty days following the date the application is accepted as complete. The conditional use permit shall become effective upon the expiration of the "Time Limit on Notice of Appeal" as provided in Section 17.50.060 F unless an appeal has been filed with the city council in accordance with the procedure set forth in Section 17.50.060 of this chapter.

D.

Necessary Findings. The planning commission may grant an application for a use permit as applied for or in modified form, if on the basis of the application and the evidence submitted the following findings are made:

1.

The proposed location of the conditional use is in accordance with the objectives of the zoning ordinance and the purposes of the district in which the site is located.

2.

The establishment, maintenance or operation of the use or building will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of the proposed use or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.

E.

Transferability. A use permit shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which is the subject of the use permit unless a shorter time is allowed by condition of approval, the use permit shall be valid for one year after the use has ceased.

F.

New Application.

1.

A use permit approval shall become void one year following the date on which the use permit became effective unless, by condition of the use permit, a great time is allowed or unless, prior to the expiration of one year, a building permit is issued by the building inspector and construction is commenced and diligently pursued toward completion on the site which was the subject of the use permit application. Use Permit approval may be extended for an additional period of up to one year, provided that prior to its expiration one year from the effective date, an application for extension is filed with the planning commission. The planning commission may grant or deny a request for extension, based on its judgment as to whether the reasons and justifications for extension are compelling and such extension will not be detrimental to the public health, safety and welfare. When granting a request for extension, the planning commission may add conditions or modify conditions of approval applied to the original application.

2.

Following the denial of a use permit application or the revocation of a use permit, no application for a use permit for the same or substantially the same use on the site shall be filed within one year from the date of denial or revocation of the use permit, unless explicitly authorized by the planning commission, or denial or revocation of the use permit is declared to be without prejudice to the filing of a new application within one year.

G.

Revocation.

1.

Any use permit granted may be revoked by the planning commission after appropriate proceedings as provided herein upon a finding that any term or condition of the use permit is not being met. Such revocation may be initiated by the planning commission or by the planning director. The planning commission shall then set the matter for public hearing, giving notice thereof as prescribed in Section 17.50.090 of this chapter. At the time set for hearing, the commission shall receive pertinent evidence concerning the alleged violations and, upon conclusion of the hearing, shall on the basis of all evidence and testimony submitted render its decision. The decision of the commission shall be final unless appealed to the city council.

2.

If the revocation is appealed to the city council, written findings of fact on the alleged violations shall be submitted to the city council along with the planning commission decision, whereupon the city council shall set the matter for hearing within thirty days thereof. At the hearing, the city council shall consider the commission's decision and at the conclusion thereof may sustain, modify, reject or overrule, wholly or partly, any decision of the commission on revocation. The decision of the city council shall be final.

H.

Decision—Findings—Continuance of Hearing. Any decision hereunder by the planning commission or by the city council on appeal shall be in writing and shall be supported by adequate findings as required by law, and a copy of such decision and findings shall forthwith be provided to the applicant and/or appellant, as the case may be, following the conclusion of the hearing on the matter. Any hearing held hereunder may be continued from time to time as necessary, except as may otherwise be provided in this title.

I.

Appeal. All decisions of the planning commission hereunder shall become final at the expiration of the "Time Limit on Notice of Appeal" as provided in Section 17.50.060 F unless an appeal is filed within this period of time with the city clerk. All such appeals shall be subject to the provisions of Section 17.50.060 of this chapter.

(Ord. 16.76 § 1 (part), 1989; Ord. 16.82 § 12, 1991; Ord. 16.84 § 5, 1992; Ord. No. 16-122, §§ 5, 6, 5-3-2006)

A.

Authority and Purpose.

1.

A design review process is established to carry out the objectives of the city's general plan and related zoning ordinances and to ensure that permits for construction as set out hereinafter will be carried out in a manner which is not detrimental to the surrounding uses and is consistent with the overall planning goals of the city. Any reference in this code to the "design review board" shall, in accordance with Section 2.16.050, be a reference to the planning commission.

2.

The following required permits shall not be issued for the following uses until design review approval has been obtained:

a.

Uses requiring design review approval in the zoning district regulations;

b.

All permanent signs as required in the zoning district regulations and as required in Chapter 17.56 of this title;

c.

Any other project referred to the design review process by the planning director.

B.

Applications.

1.

Application for design review approval shall be made on a form prescribed for this purpose by the city and shall be filed with the planning department, accompanied by the filing fee referenced below.

2.

The application shall be accompanied by such maps, colors to be used, material board, location and types of all signs to be placed on the buildings, site plans, all elevations and other drawings as are necessary to enable the planning commission to make the determinations as set forth herein.

3.

The filing fee for an application shall be as set forth by resolution of the city council.

C.

Submittal Requirements. The applicant shall submit the following drawings, as appropriate, along with the application for review:

1.

A site plan, drawn to scale, showing the proposed layout of structures and other improvements, including, where appropriate, driveways, pedestrian walks, off-street parking and off-street loading areas, landscaped areas, fences and walls. The site plans shall indicate the locations of entrances and exits, the direction of traffic flow in and out of off-street parking and loading areas, the location of each parking space and each loading area, critical dimensions and the type of trash enclosure to be used;

2.

Architectural drawings drawn to scale showing all elevations of the proposed structures as they will appear upon completion. All exterior surface materials and their colors shall be specified and the size, locations, material, colors and illumination of all signs shall be indicated;

3.

A landscape plan for the site of a structure of use showing the locations of existing trees proposed to be retained on the site, the location and design of landscaped areas and the varieties of plant materials to be planted and all other landscape features.

D.

Standards for Review. All design review manuals approved or adopted by the council as city policy shall be used by the planning commission as a guideline for review of applications before it. A list of these manuals shall be kept on file in the office of the planning department. The manuals are intended to help the applicant become aware of the issues that the planning commission considers important in the design of a project. In implementing the purposes of these manuals, the planning commission shall consider in each specific case any or all of the following items as may be appropriate:

1.

The siting of any structure on the property as compared to the siting of other structures in the immediate neighborhood;

2.

Materials, colors, proportion, mass and detail. All structures shall be in good proportion, have simplicity of mass and detail and be compatible in appearance with surrounding structures. There shall be an appropriate use of materials; colors shall be appropriate within the context of use and should blend with surrounding structures;

3.

The size, location, design, color, number, lighting and materials of all signs and outdoor advertising structures. No sign shall be approved in excess of the maximum limits set by this title, but the size or number of signs in any area subject to design control may be reduced below this maximum number or limit;

4.

Landscaping and Irrigation. Landscaping and irrigation plans shall be required on the site. Landscaping shall be in keeping with the character or design of the building. Existing trees shall be preserved wherever possible;

5.

The size, location and arrangement of on-site parking and paved areas;

6.

Ingress, egress and internal traffic circulation. All the above factors shall be related to the setting or established character of the neighborhood or surrounding area.

7.

Height and access to sunlight, setbacks, landscaping and use of materials for articulation and visual relief for fences and walls over eight feet tall or fences over three feet tall in front yards when across from Hwy. 17.

8.

Arbors in front yards, over twenty square feet in roof area or between eight and ten feet in height: the design compatibility with the primary structure and structures in the neighborhood, the mass and scale of the arbor, line of sight visibility for pedestrians and motorists in addition to other applicable standards of this section.

E.

Required Findings.

1.

The planning commission shall determine from data submitted whether the proposed building, structure or other improvement will meet the design standards prescribed in this section and in this title. The application may be disapproved, may be approved as submitted or may be conditionally approved. The approval shall be noted by an endorsement of the planning department on the submitted plans as approved.

2.

For a proposed multi-unit residential project, the planning commission shall approve design review if the project complies with:

a.

The multi-unit residential design standard as adopted by city council resolution; and

b.

All other applicable objective standards, including standards in this title, the General Plan, and any applicable specific plan.

F.

Expiration. Design approval shall lapse and become null and void two years following the effective of the design review permit date unless by a condition of the design permit, a greater time is allowed or unless a building permit is issued by the building division and construction is commended and diligently pursued toward completion. Design approval may be extended for an additional period of up to one year, provided that prior to its expiration, an application for renewal is filed with the planning commission. In case of an application that requires approval of the city council, planning commission approval shall expire at the same time the city council approval expires. The planning commission may grant or deny a request for renewal, based on its judgment as to whether the reasons and justifications for renewal are compelling. When granting a request for renewal, the planning commission may add conditions or modify conditions of approval applied to the original application.

G.

Appeals. Appeal from the determination by the planning commission shall be to the city council in accordance with the procedures and subject to the provisions set forth in Section 17.50.060 of this chapter.

(Ord. 16.76 § 1 (part), 1989; Ord. 16.79 § 1, 1990; Ord. 16.82 § 13, 1991; Ord. 16.87 § 3 (part), 1993; Ord. 30.9 § 2, 1996; Ord. 16-112 § 11, 2000; Ord. No. 16-122, § 7, 5-3-2006; Ord. No. 16.142, §§ 65, 66, 12-4-2024)

A.

Purpose. Ministerial design review is a by-right approval process to determine project compliance objective standards.

B.

Review Authority. The community development director shall review and act on design review applications or may may refer the application to the planning commission for review and final decision.

C.

Application Submittal and Review. A ministerial design review application shall be made using a form provided by the planning department, together with all required information, materials, and application fees.

D.

Public Notice and Hearing.

1.

The planning commission shall consider a ministerial design review application at a hearing with notice given as described in Section 17.50.090 of this chapter.

2.

After receiving public comment and considering the proposed project, the planning commission must either approve the application, deny the application, or continue the hearing to a future date.

3.

The hearing may be continued only if additional information is needed to determine project conformance with objective standards. A hearing may be continued one time after which the planning commission must render a decision.

E.

Decision. The planning commission shall approve a ministerial design review application if the project complies with all applicable objective standards in the general plan, any applicable specific plan, and the municipal code.

F.

Appeals.

1.

Ministerial design review decisions may be appealed as provided in Section 17.50.060 of this chapter.

2.

The subject of appeal is limited to the determination of project conformance with applicable objective standards.

(Ord. No. 16.142, § 67, 12-4-2024)

The purpose of this chapter is to provide opportunities for limited commercial and business activities within residential neighborhoods, provided the activities are compatible with, and do not detract from the peace, quiet, character, and quality of the city's residential areas.

Home occupations shall require a business license secured from the city and are allowed in any residential premises or dwelling in any residentially zoned district subject to the following regulations:

A.

No premises shall be used for a home occupation unless the user has a business license for a home occupation;

B.

The home occupation shall be clearly incidental to the use of the structure as a residential premises or dwelling;

C.

No one other than a resident of the residential premises or dwelling shall be regularly employed in the conduct of a home occupation;

D.

The equipment, materials, machinery or mechanical devices used shall have no discernible impact on the adjacent properties;

E.

The conduct of the home occupation shall not create pedestrian, automobile or truck traffic in the vicinity of the residential premises or dwelling in excess of the amount created by nearly residential properties;

F.

There shall be no use of commercial vehicles for delivery of materials or supplies to or from the premises other than usual parcel deliveries and no deliveries or customer visits between the hours of ten p.m. and eight a.m.;

G.

There shall be no operation of the home occupation or storage of materials or supplies, indoors or outdoors, in a manner which is visible from adjacent properties, walkways or streets;

H.

No advertising signs or devices other than a name plate may be displayed and the name plate shall not exceed one square foot in area and must be affixed to the residential premises or dwelling;

I.

No more than one business vehicle with a manufacturer's gross vehicle weight of more than one ton shall be kept outside the garage at the residential premises or dwelling. All parking shall be in conformance with the city's off-street parking regulations and semi-tractor trailers are strictly prohibited;

J.

No home occupation shall alter the residential character of any portion of the property;

K.

No home occupation shall be permitted which has a building/fire code rating of B2 or greater or which requires a hazardous materials permit; and

L.

Any home occupation must conform to the commercial/industrial standards contained in Section 17.44.020 of this title including Section 17.44.020(C)(3) relating to noise standards.

(Ord. 16.76 § 1 (part), 1989; Ord. 16.90 § 1, 1994)

A.

Authority and Purpose.

1.

A special permit process is established to carry out the objectives of the city's general plan and related zoning ordinances and to ensure that permits for construction as set out hereinafter will be carried out in a manner which is not detrimental to surrounding uses, site improvements, safety and is consistent with the overall planning goals of the city. The purpose of the special permit process is to allow for small projects to be reviewed for conformity with the zoning ordinance with appropriate review and consideration under the direction of the community development director or their designee.

2.

The following uses or construction are subject to approval of a special permit prior to installation:

a.

Fences taller than three feet, but no taller than six feet, or retaining walls taller than three feet within the front yard setback of a residentially zoned parcel subject to meeting one or more of the following eligibility criteria:

1.

The site conditions warrant use of a taller fence or retaining wall due to slope conditions which require erosion control or stabilization, or for vehicular access;

2.

The site has an unusual shape or size or where the site conditions warrant use of the front yard for the exclusive personal use of the occupants where no other yard space is available for such use;

3.

The site is located in an area of excessive noise which deprives the occupants of the use of the site in a manner enjoyed by other properties in the neighborhood (such as from commercial uses and Hwy. 17);

B.

Applications and Submittal Requirements.

1.

Application for special permit review shall be made on a form prescribed for this purpose by the city and shall be filed with the planning department, accompanied by the filing fee referenced below.

2.

The application shall be accompanied by such maps, site plans, colors and materials, elevations, landscape plans, and other drawings, reports or environmental information required or necessary to enable the community development director to make the determinations as set forth herein. The application form provided by the planning department shall provide a list of submittal requirements.

3.

The filing fee for an application shall be as set forth by resolution of the city council.

C.

Application Processing Procedures and Notice.

1.

The application shall be subject to review by the planning department to determine if the application is complete.

2.

Upon deeming the application complete, the planning department shall send a notice to the applicant, property owner, the owners of property located within a one hundred foot radius of the property lines of the site and to all members of the planning commission. The notice shall indicate the date upon which the community development director will act on the permit and the intended action to be taken by the community development director. Such noticed shall be mailed, via first class mail, a minimum of fifteen days prior to date that action is to be taken.

D.

Standards for Review. All special permits shall be reviewed for consistency with the city's general plan and the requirements of the zoning ordinance. The community development director shall consider the standards for review as contained in Section 17.50.030 regarding design review that are applicable to the type of special permit being requested.

E.

Development Standards. Each application for a special permit shall be reviewed for conformance with minimum special design standards applicable to the type of permit as specified below.

1.

Fences and Retaining Walls:

a.

The fence/wall shall be set back a minimum of three feet from the property line to provide space for landscaping between the fence/wall and the property line.

b.

Use of chain link fencing shall be discouraged in areas except where it is not visible or where such fencing can be landscaped with evergreen vines;

c.

The proposed fence/wall design incorporates architectural design features such as decorative wood patterns, landscaping, brick, stone and other materials or design elements to make the fence/wall attractive in appearance and less obtrusive;

d.

The proposed fence/wall incorporates horizontal or vertical articulation features, which minimize any potential corridor or tunnel effect;

e.

The propose fence/wall does not impact neighboring properties by significantly blocking access to sunlight.

F.

Required Findings. The community development director shall determine from data submitted whether the proposed building, structure or other improvements will meet the standards for review prescribed in this section. The application may be disapproved, may be approved as submitted, conditionally approved or the community development director may refer the special permit request to the planning commission for consideration. The approval shall be noted by an endorsement of the planning department on the submitted plans as approved. The following findings shall be made by the community development director:

a.

The standards for review provided in Section 17.50.030.D shall be met as applicable to the proposed special permit;

b.

For fences and retaining walls over three feet in the front yard setback, the following additional findings shall be made:

1.

The proposed fence or retaining wall shall be located in a manner to provide safe ingress and egress for the site and adjacent properties;

2.

The effect of the proposed fence or retaining wall shall not be harmful to the character of the neighborhood;

3.

The length and or location of the proposed fence or wall shall be harmonious with the character of the area;

4.

The impact of the fence or wall is minimized by the presence of areas of unimproved right-of-way between the fence or wall and the improved right of way.

c.

For retaining walls over three feet in the front yard setback, the following additional findings shall be made:

1.

A series of retaining walls may be allowed where the exposed portion of any retaining wall does not exceed three feet in height;

2.

Between each retaining wall, landscaping shall be provided to soften the appearance of the height of the retaining wall.

G.

Lapse of Special Permit Approval. Special Permit approval shall lapse and become null and void from the period of time granted on the permit as determined by the community development director unless prior to expiration of said period, a building permit is issued and construction has commenced and is diligently pursued toward completion. If a building permit is not required, construction shall be commenced and diligently pursued toward completion. An extension of an additional period of up to one year may be granted by the community development director, provided that prior to its expiration, an application for renewal is filed with the planning department. The community development director may grant or deny a request for renewal, based on their judgment as to whether the reasons and justifications for renewal are compelling. When granting a request for renewal, the community development director may add conditions or modify conditions of approval applied to the original application.

H.

Appeals. Appeal from the determination by the community development director shall be to the planning commission in accordance with the procedures and subject to the provisions set forth in Section 17.50.060 of this chapter.

(Ord. No. 16.118, § 2, 2-2-05)

A.

Appeals to Planning Commission. An appeal may be taken to the planning commission by the applicant or any interested person from the whole or any portion of an administrative determination or decision made by an official of the city pursuant to any of the provisions of this chapter.

B.

Appeals to City Council. An appeal may be taken to the city council by the applicant or any interested person from the whole or any portion of a decision made by the planning commission, design review board, committee or commission, officer or board of the city authorized to enforce or administer this title, pursuant to any of the provisions of this chapter, excluding tree removal permits.

C.

Notice of Appeal—Filing Fee. All appeals under this chapter shall be made by filing a notice of appeal clearly identifying the determination or decision from which the appeal is taken and stating the grounds for the appeal. The notice of appeal shall be accompanied by the payment of a filing fee in such amount as established from time to time by resolution of the city council.

D.

Filing Notice of Appeal.

1.

The notice of an appeal to the planning commission shall be filed with the secretary of the planning commission.

2.

The notice of an appeal to the city council shall be filed with the city clerk.

E.

[Reserved.]

F.

Time Limit on Notice of Appeal. The appellant shall file the notice of appeal and pay the filing fee thereon with fourteen calendar days after the date of the decision.

G.

Effect of Filing Notice of Appeal. The filing of a notice of appeal shall stay the issuance of any permit, variance, or other entitlement provided by the terms of Title 17, as well as the effectiveness of the determination or act appealed, until such time as the matter is determined on appeal.

H.

Review by Planning Commission.

1.

Scheduling of Hearing; Notice. Upon receipt of the notice of appeal and payment of the filing fee, the secretary of the planning commission shall schedule the matter for hearing at the next available regular meeting of the planning commission to be held within thirty calendar days after the date on which the notice of appeal is filed and the fee paid. The secretary of the planning commission shall give notice of the date, time and place of the hearing to the appellant, and to the applicant if other than the appellant, not less than ten days prior to the hearing, unless such notice is waived by the party entitled to receive the same. If a public hearing is conducted on the appeal, notice shall be given in accordance with Section 17.50.090 of this chapter.

2.

Conduct of Hearing by Planning Commission. The planning commission shall conduct a de novo review on the appeal. No public hearing shall be required unless the administrative determination or decision was made in connection with a proceeding which required a public hearing; provided, however, that nothing herein shall prevent the planning commission, in its sole discretion, from receiving testimony or other evidence from any person pertaining to the subject matter of the appeal at the time the hearing is held.

3.

Decision by Planning Commission. The planning commission may affirm, reverse or modify in whole or in part the determination or decision which is the subject of the appeal, and may refer the matter back to the original maker of the determination or decision for such further action as may be directed by the commission. Where an appeal has been filed pertaining to only a portion of a determination or decision, the planning commission shall have authority to review the entire matter and may affirm, reverse or modify in whole or in part the determination or decision which is the subject of the appeal, and may refer the matter back to the original maker of the determination or decision for such further action as may be directed by the commission. The decision of the planning commission shall be rendered by the planning commission not later than the second regularly scheduled meeting after the hearing commenced, unless by mutual agreement of the planning commission and applicant the period of time for rendering a decision is extended. The decision of the planning commission shall be in writing and shall be supported by adequate findings. The planning commission shall forthwith transmit a copy of the decision to the applicant and appellant.

I.

Review by City Council.

1.

Schedule of Hearing; Notice. Upon receipt of the notice of appeal and payment of the filing fee, the city clerk shall schedule the matter for hearing at the next available regular meeting of the city council to be held within thirty calendar days after the date on which the notice of appeal is filed. The city clerk shall give notice of the date, time and place of the hearing to the appellant, and to the applicant if other than the appellant, not less than ten days prior to the hearing, unless such notice is waived by the party entitled to receive the same. If a public hearing is conducted on the appeal, notice shall be given in accordance with Section 17.50.090 of this chapter.

2.

Conduct of Hearing by City Council. The city council shall conduct a de novo review on the appeal. No public hearing shall be required unless the decision by the planning commission was made in connection with a proceeding which required a public hearing; provided, however, that nothing herein shall prevent the city council, in its sole discretion, from receiving testimony or other evidence from any person pertaining to the subject matter of the appeal at the time the hearing is held.

3.

Decision by City Council. The city council may affirm, reverse or modify the decision of the planning commission, and may refer the matter back to the planning commission for such further action as may be directed by the council. Where an appeal has been filed pertaining to only a portion of a decision by the planning commission, the city council shall have authority to review the entire matter and may affirm, reverse or modify all or any other portion of the decision notwithstanding the fact that no appeal has been taken therefrom. The city council shall forthwith transmit a copy of its decision to the applicant, the appellant and the body whose action is appealed. The decision of the city council shall be in writing, shall be supported by adequate findings and shall be final.

J.

Hearing on Appeal. The city council shall have the power to continue any hearing on an appeal from time to time; provided, however, that a decision shall be rendered by the city council not later than their second regularly scheduled meeting after the hearing commenced, unless by mutual agreement of the city council and the applicant the period of time for rendering a decision is extended. When the period of time is extended, the decision of the council shall be rendered not later than the end of the extension period. In any event, upon rendering a decision, written notice thereof shall forthwith be given to the appellant and to the applicant, if different from the appellant.

(Ord. 16.82 § 7, 1991; Ord. 16.84 § 6, 1992; Ord. 16.123, §§ 55—57, 9-5-2007)

Except as to those specified in Section 17.50.060 of this chapter or any other provision of this title, notice of any hearing on appeal under this title shall be given in accordance with and pursuant to the provisions of Section 17.50.090 of this chapter.

(Ord. 16.76 § 1 (part), 1989)

Notwithstanding any other provision of this title or any other ordinance or resolution of the city, all acts or determinations which are appealable, as referenced in Section 17.50.060A and B, to the city council shall be considered and acted on by the city council upon the request of any member of the city council, provided, that such a request, outlining the reasons why such special consideration of the matter is appropriate, is filed in writing with the city clerk within the time period provided for filing an appeal as specified in Section 17.50.060 of this chapter. Without in any way limiting the foregoing, the provisions of Section 17.50.060 of this chapter relating to the processing and disposition of an appeal, including, without limitation, notification and the time period for rendering a decision, shall apply; provided, however, that no hearing shall be held on the sufficiency of the request. The council member requesting such special consideration shall not be considered an appellant, shall not have to pay any filing fee and shall be considered fully qualified to act on all such matters. The filing of any such request for special consideration shall have the effect of staying the issuance of any permit or variance provided by the terms of this title, as well as the effectiveness of the act or determination involved, until the matter is disposed of as provided in Section 17.50.060 of this chapter.

(Ord. 16.76 § 1 (part), 1989)

A.

Whenever any provision of this title requires notice of public hearing to be given in accordance with the provisions of this section, the city clerk shall cause notice thereof to be mailed or delivered at least ten days prior to the hearing to:

1.

The owner of the subject real property (or the owner's duly authorized agent) and the project applicant. In the case of an appeal, in addition to the foregoing persons, notice shall also be given to the appellant and the commission, board, committee or officer whose act or determination is appealed;

2.

Each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project whose ability to provide those facilities and services might be significantly affected;

3.

Any person who has filed a written request for notice with the city clerk. Any such request shall be renewed annually;

4.

All owners of real property as shown on the latest equalized assessment roll within three hundred feet of the real property that is the subject of the hearing. In lieu of utilizing the assessment roll, the records of the county assessor or tax collector which contain more recent information than the assessment roll may be utilized. If the number of owners to whom notice would be mailed or delivered pursuant to this subdivision or subdivision 1 of this subsection, is more than one thousand, in lieu of mailed or delivered notice, notice may be provided by one publication of a display advertisement of at least one eighth page in at least one newspaper of general circulation within the city at least ten days prior to the hearing;

5.

If the notice is mailed or delivered pursuant to subdivision 4 of this subsection, the notice shall also either:

a.

Be published once in at least one newspaper of general circulation within the city at least ten days prior to the hearing, or

b.

Be posted at least ten days prior to the hearing in at least three public places within the city, including one public place in the area affected by the proceeding.

B.

The notice shall include the date, time and place of the public hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered and a general description, in text or by diagram, of the location of the real property, if any, that is the subject of the hearing.

C.

In addition to the notice required by this section, the city may give notice of the hearing in any other manner it deems necessary or desirable.

D.

The failure of any person or entity to receive notice given pursuant to this section shall not constitute grounds for any court to invalidate the action for which notice was given.

(Ord. 16.76 § 1 (part), 1989)

A.

Whenever any provision of this title requires notice of public hearing to be given in accordance with the provisions of this section, the city clerk shall cause notice thereof to be published once in at least one newspaper of general circulation within the city at least ten days prior to the hearing, or if there is no such newspaper of general circulation, the notice shall be posted at least ten days prior to the hearing in at least three public places within the city.

B.

The notice shall include the information specified in subsection B of Section 17.50.090 of this chapter.

C.

In addition to the notice required by this section, the city may give notice of the hearing in any other manner it deems necessary or desirable.

(Ord. 16.76 § 1 (part), 1989)

Upon hearing the appeal, the city council, as final appellate body, shall consider the record and such additional evidence as may be offered and shall find whether, in its opinion, error was made. The city council may, within the terms of this title, affirm, reverse or modify the action appealed as it deems just and equitable and may exercise all rights of any other officer, commission, board or committee. The city council shall forthwith transmit a copy of its decision to the applicant, the appellant and the body whose action is appealed. The decision of the city council shall be in writing, shall be supported by adequate findings and shall be final.

(Ord. 16.76 § 1 (part), 1989)