This chapter provides procedures and requirements for the preparation, filing, and initial processing of the planning permit applications required by this Zoning Ordinance.

Table 5-1 (Review Authority) identifies the review authority responsible for reviewing and making decisions on each type of application required by this Zoning Ordinance.

Notes:

(1)    “Recommend” means that the review authority makes a recommendation to a higher decision-making body; “Decision” means that the review authority makes the final decision on the matter; “Appeal” means that the review authority may consider and decide upon an appeal to the decision of a prior decision-maker, in compliance with Chapter 17.76 (Appeals).

(2)    The Zoning Administrator may defer action and refer the request to the Commission, so that the Commission may instead make the decision.

(3)    The Zoning Administrator may administratively approve these applications subject to the requirements of the applicable section regulating issuance of the specific permit type. (Ord. 2027 § 2 (Exh. A § 16), 2024)

A.    Concurrent filing. An applicant for a development project that requires the filing of more than one application shall file all related applications concurrently, unless waived by the Director, and submit appropriate processing deposits/fees in compliance with Section 17.60.050 (Application Fees).

B.    Concurrent processing. Permit processing and environmental review shall be concurrent and the final decision on the project shall be by the review authority designated by Table 5-1 (Review Authority), except that:

1.    A multiple-application project with one or more applications requiring Council approval (for example, a rezoning of property or a Tentative Map), shall require concurrent Council approval of all applications.

2.    A Commission denial of a multiple-application project with one or more applications requiring Council approval shall be final unless appealed to the Council.

A.    Pre-application conference. An applicant is encouraged to request a pre-application conference with the Director before completing and filing a planning permit application. The Director may invite representatives from other City departments to participate in the conference as the Director determines to be appropriate. The purpose of the conference is to generally:

1.    Review the proposal with the applicant and tentatively identify for the applicant City requirements that may apply to the project and tentatively identify potential issues and concerns that the project may raise for the City;

2.    Review the City’s procedures for project review and decision making; and

3.    Identify information and materials the City will require with the application, and any necessary technical studies and information relating to the environmental review of the project.

Neither the pre-application conference nor the City’s providing information and/or pertinent policies shall be construed as a staff recommendation for the approval or disapproval of the application or project. Any failure by City staff to identify all required studies or all applicable requirements shall not constitute a waiver of those requirements.

B.    Application contents. Each application for a permit, amendment, or other matter pertaining to this Zoning Ordinance shall be filed with the Department on a City application form, together with required fees and/or deposits, and all other information and materials required by the City as identified in the Department handout for the specific type of application. Applicants are encouraged to contact the Director before submitting an application to verify the materials that are necessary for application filing.

C.    Eligibility for filing. An application may only be filed by the owner of the proposed site, or other person with the written consent of the property owner.

A.    Fee schedule. The Council shall establish a schedule of fees for the processing of the applications required by this Zoning Ordinance, hereafter referred to as the City’s Fee Schedule.

B.    Multiple applications. The City’s processing fees are cumulative. For example, if a proposed project requires both a Use Permit and a Variance, both fees will be charged. Unusually large or complex projects may be subject to an hourly rate in addition to the basic application fees, at the discretion of the Director.

C.    Timing of payment. No application shall be deemed complete, and application processing shall not commence, until all required fees and/or deposits have been paid.

D.    Refunds and withdrawals. Required application fees cover City costs for public hearings, mailings, staff time, and the other activities involved in application processing. Therefore, no refund due to a disapproval shall be allowed. In the case of a withdrawal, the Director shall have the discretion to authorize a partial refund based upon the prorated costs to date and the status of the application at the time of withdrawal.

A.    Review for completeness. 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 City’s requirements for application contents, and any additional instructions provided the applicant in a pre-application conference.

1.    Notification of applicant. As required by Government Code Section 65943, within 30 calendar days of application filing, the applicant shall be informed by letter that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information shall be provided as specified in the letter.

2.    Appeal of determination. If the Director determines that an application is incomplete, and the applicant believes that the application is complete or that the requested information not required, the applicant may appeal the Director’s determination in compliance with Chapter 17.76 (Appeals).

3.    Time for submittal of additional information. When an application is incomplete, the time used by the applicant to prepare and submit 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 of this section.

4.    Expiration of application. If an applicant fails to provide the information specified in the Director’s letter within 180 days following the date of the letter, the application shall expire and be deemed withdrawn, without any further action by the City. After the expiration of an application, future City consideration of the project shall require the submittal of a new complete application and required fees.

5.    Environmental 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 the California Environmental Quality Act (CEQA) Guidelines.

B.    Referral of application. At the discretion of the Director, or where otherwise required by this Zoning Ordinance 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.

A.    Staff evaluation. The Director shall review each permit application filed in compliance with this Zoning Ordinance to determine whether the proposed project complies and is consistent with the applicable requirements of this Zoning Ordinance, any applicable Design Guidelines, other applicable provisions of the Municipal Code, the General Plan, and any applicable specific plan.

B.    Staff report. If this Zoning Ordinance requires that a permit application be approved or disapproved by the Commission and/or Council, the Director shall provide a written recommendation to the review authority as to whether the application should be approved, approved subject to conditions, or disapproved. The staff report shall be provided to the applicant at the same time as it is provided to the review authority before a hearing on the application.

A.    Permit review procedures. This chapter provides procedures for the final review and approval or disapproval of the planning permit applications established by this Zoning Ordinance.

B.    Subdivision review procedures. Procedures and standards for the review and approval of subdivision maps are in the City’s Subdivision Ordinance.

C.    Application filing and initial processing. Where applicable, the procedures of this chapter are to be carried out after those described in Chapter 17.60 (Permit Application Filing and Processing), for each application.

A.    Purpose. Zoning Clearance is the procedure used by the City to verify that a proposed new land use or structure is allowed in the applicable zone, and that the project complies with all applicable requirements of this Zoning Ordinance.

B.    Applicability. Where Article 2 (Zones, Permitted Land Uses, and Zoning Standards) or other provision of this Zoning Ordinance requires a Zoning Clearance as a prerequisite to establishing a land use, the Zoning Clearance shall be required at the time of Department review of any building, grading, or other construction permit, or other authorization required by this Zoning Ordinance for the proposed use.

C.    Review and approval. The Director shall issue the Zoning Clearance after first determining that the request complies with all Zoning Ordinance provisions applicable to the proposed use. An approval may be in the form of a stamp, signature, or other official notation on approved plans, a letter to the applicant, or other certification, at the discretion of the Director.

D.    Certificate of Occupancy. Upon completion of project construction and prior to occupancy, and prior to a change of use or ownership, the applicant shall apply for and obtain approval of a Certificate of Occupancy from the Seaside Building Division, and also obtain any other permits or approvals required by other City departments, local, state, or federal agencies.

A.    Purpose. Architectural Review is intended to improve the aesthetic appearance of open spaces and structures, especially those visible from public rights-of-way, and to establish design standards and policies promoting and enhancing good design.

B.    Applicability. Architectural Review shall be required for the following projects:

1.    For nonresidential, multi-family residential, and mixed-use projects: all new construction and additions of 50 percent or greater to existing structures;

2.    For single-family residential projects: all new construction, additions to existing structures that result in a height of greater than 18 feet, and all new second-story elements including decks, roofs, exterior staircases, roof decks, projections, etc.;

3.    Landscape and irrigation plans for new construction of multi-family residential, commercial, and other nonresidential development;

4.    Master Sign Programs and murals as required by Subsection 17.40.080.D;

5.    Satellite dish antennas greater than one meter in diameter; and

6.    Any change(s) to projects that previously received Architectural Review approval that cannot be approved by the Zoning Administrator in accordance with Section 17.64.090 (Changes to an Approved Project).

C.    Project review, notice, and hearing. Each application shall be reviewed by the Zoning Administrator.

1.    The Zoning Administrator may administratively approve an Architectural Review if all of the following requirements are met:

a.    The Zoning Administrator has made the following findings:

(1)    The proposed structure will not adversely impact the character of the neighborhood; and

(2)    The proposed structure will be compatible with the scale, bulk, height, and location of existing structures located on the neighboring block face; and

(3)    The project is exempt or is not a project under CEQA; and

(4)    A Notice of Intent to Approve has been mailed to all real property owners within 300 feet of the property and no protest has been received; and

(5)    The applicant has complied with the requirements of Subsection D of this section.

2.    If the project does not meet the requirements specified in Subsection C.1 of this section, then the application for Architectural Review shall be considered by the Planning Commission. Additionally, the Zoning Administrator may refer any Architectural Review application to the Planning Commission as deemed appropriate.

3.    Projects approved by the Zoning Administrator pursuant to Subsection C.1 of this section may be appealed to the Planning Commission pursuant to Chapter 17.76. If the Zoning Administrator determines that the project should be denied, the item shall automatically be referred to the Planning Commission with no need for appeal.

D.    Staking and flagging required. An applicant for Architectural Review shall do one of the following:

1.    At least 14 days prior to the date of consideration for an Architectural Review application, staking and flagging shall be erected by the applicant or the applicant’s agent, for all proposed structure(s) (including new structures and additions) over 18 feet in height, to demonstrate the dimensions and heights of the ridge lines at the highest peak of each roof line and perimeter. Staking and flagging installation shall comply with the City’s standards on staking and flagging. The Zoning Administrator may require that the applicant provide evidence to verify that the staking and flagging has taken place and accurately represents the proposed development.

2.    For situations where staking and flagging for a structure over 25 feet in height is infeasible due to verified logistical or safety concerns, the Zoning Administrator may allow the applicant to perform the following alternative means of compliance for staking and flagging:

a.    In addition to public notices required pursuant to Section 17.78.020, a copy of the public hearing notice shall be sent to the occupant of every physical address located within 300 feet at least 10 days prior to the hearing; and

b.    The applicant shall cause to have prepared by a licensed architect, surveyor, engineer, or other licensed professional deemed qualified by the Zoning Administrator, architectural renderings accurately showing the building as it would be viewed from multiple locations, including nearby streets, adjacent properties, and other views that may be significantly impacted; and

c.    At least 14 days prior to the hearing, the applicant shall post in a conspicuous place along each road frontage abutting the property a sign, not less than three feet by five feet in size, providing a description of the project. A minimum of 40 percent of the area of the sign shall be occupied by an architectural rendering approved by the Zoning Administrator, and the sign shall also include a description of the project, the time, place, and hearing body for any public hearing.

The applicant shall be responsible for any and all costs for staking and flagging or alternative means of compliance.

E.    Review considerations. Architectural Review shall require that the review authority evaluate the following aspects of each project:

1.    Architectural considerations. Architectural considerations, including the character, quality, and scale of the design, architectural relationship with the site and other structures, building materials, colors, fencing, trash enclosure and walkway improvements, exterior lighting and signs, and the screening of exterior appurtenances.

2.    Landscape considerations. Landscape considerations, including the color, coverage, location, size, texture, and type of plant materials, provisions for irrigation, maintenance, and the protection of landscaped areas, and similar elements. The review authority shall encourage the planting of native and/or drought-tolerant landscaping in compliance with Section 17.30.040 (Landscaping Standards).

3.    Lighting considerations. Proposed outdoor lighting, including the proposed placement of fixtures, type of fixtures, and illumination levels.

F.    Conditions of approval. In making its decisions, the review authority may impose the conditions as it deems reasonable and necessary to protect the best interests of the surrounding area, as well as to further the public health, safety, and general welfare of the community.

G.    Review and approval of minor changes. The review authority may adopt measures to streamline the review and approval of minor changes not specifically listed in Section 17.64.090 (Changes to an Approved Project). (Ord. 2027 § 2 (Exh. A § 17), 2024)

A.    Purpose. This section establishes procedures and standards for the review of Limited Term Permits for short-term activities that may not comply with standards of the applicable zone, but may otherwise be acceptable because of their temporary nature.

B.    Review authority. A Limited Term Permit may be reviewed, and approved or disapproved administratively by the Zoning Administrator, in compliance with this section.

C.    Applicability. A Limited Term Permit may be granted only for the activities listed in Subsection E of this section.

D.    Exempt short-term activities. The following short-term activities are allowed without a Limited Term Permit. A short-term activity that is not within the following categories shall comply with Subsection E or F of this section:

1.    Construction yard – On-site. An on-site contractors’ construction yard for an approved construction project. The yard shall be removed from the site immediately upon completion of the project, or the expiration of the Building Permit authorizing construction, whichever occurs first.

2.    Emergency activity. Emergency public health and safety activities, as determined by the City Manager or Council.

3.    Event on site approved for public assembly. An event on the site of, or within, a public or private meeting facility, school, theater, or similar facility designed and approved by the City for public assembly, and occurring during daylight hours and with no amplified outdoor sound.

4.    Event or activities on public property. Parades on public streets, events in public parks, golf courses, or on other publicly owned property, and approved by the City.

5.    Fundraising event. A temporary fundraising event within a nonresidential zone or on the site of an established nonresidential use within a residential zone, limited to a maximum of two events of no more than three consecutive days, per organization, per month, per site. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or an organization that is tax exempt in compliance with U.S. Internal Revenue Code Section 501(c).

6.    Garage sales. Garage sales, not to exceed four per year and two consecutive days, in compliance with Section 17.52.110 (Garage Sales).

7.    Public property or public right-of-way work. Construction and maintenance activities conducted on public property that is authorized by an encroachment permit.

E.    Allowed short-term activities. The following short-term limited activities may be allowed with a Limited Term Permit, in compliance with this section. A Limited Term Permit may authorize an activity for the time specified by this section, but in no event for more than 12 months. Other short-term activities that are not within the following categories shall instead comply with the planning permit requirements and standards that otherwise apply to the site:

1.    Caretaker unit. See definition under Chapter 17.98 (Definitions).

2.    Construction yard – Off-site. An off-site contractors’ construction yard for an approved construction project. The yard shall be removed immediately upon completion of the project, or the expiration of the Building Permit authorizing construction, whichever occurs first.

3.    Events. Art and craft exhibits, carnivals, circuses, concerts, fairs, farmers markets, festivals, flea markets, food events, open air sales, outdoor entertainment/sporting events, religious revivals, rummage sales, secondhand sales, sidewalk sales, swap meets, and other special events, for up to five consecutive days, or four two-day weekends, within a 12-month period, on private, nonresidentially zoned property.

4.    Fundraising event. A temporary fundraising event within a residential zone on a site that is vacant or contains an established residential use, limited to a maximum of one event of no more than three consecutive days, per organization, per month, per site, may be allowed with the issuance of a Limited Term Permit. A Limited Term Permit may also allow an organization to conduct fundraising events on sites within a nonresidential zone or on the site of an established residential use within a residential zone for more events during a year than would be exempt pursuant to Subsection D.5 of this section. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or an organization that is tax exempt in compliance with U.S. Internal Revenue Code Section 501(c).

5.    Location filming. The temporary use of a site for location filming for commercials, movies, videos, etc., for the time specified by the Zoning Administrator, but not to exceed 12 months.

6.    Model homes. A model home or model home complex may be authorized in compliance with the following standards, and other requirements deemed necessary by the Zoning Administrator:

a.    The sales office and any off-street parking shall be converted back to residential use and/or removed before final building inspection, or within 14 days from the sale of the last parcel in the subdivision, whichever first occurs.

b.    The model home complex shall be used only to sell units within the subdivision where the complex is located.

c.    Model homes may be open to the public only after final building inspection, and after all subdivision improvements are completed and accepted by the City.

7.    Seasonal sales lots. Seasonal product sales (e.g., for Halloween, Thanksgiving, Christmas) including a temporary security trailer, on private property in a nonresidential zone or at an established institutional use within a residential zone, for up to 30 days.

8.    Temporary facilities during construction. One or more temporary structures may be used during the construction of an approved development as offices, or for the storage of equipment and/or tools.

a.    Conditions of approval. Permit approval shall include conditions regarding the following matters:

(1)    Requirements for adequate site ingress and egress;

(2)    A prohibition on the use of the facility for any work other than that on the same site;

(3)    Requirements for the temporary storage of construction debris (e.g., asphalt, concrete, dirt) at designated on-site locations; provided, that the applicant shall furnish a schedule, acceptable to the Zoning Administrator, for the periodic disposal or recycling of the materials; and

(4)    Requirements designed to minimize potential conflicts between the work on site and adjacent land uses.

b.    Permit time limit. The permit may be approved for up to 12 months following the issuance of a companion Building Permit, or upon completion of the project, whichever occurs first:

(1)    The permit may be extended by the Zoning Administrator for an additional 12 months if a written request for extension is submitted at least 14 days before permit expiration, and the applicant provides justification for the request that is determined by the Zoning Administrator to be reasonable (e.g., the delay was caused by reasons beyond the applicant’s control).

(2)    A permit for temporary construction facilities may be extended by the Zoning Administrator as needed; provided, that all construction facilities and equipment shall be removed from the site prior to the approval of a Certificate of Occupancy.

c.    Condition of site following completion. Each temporary structure and related improvements shall be completely removed from the site following the expiration of the Limited Term Permit, or within 30 days of completion of the development project, whichever occurs first.

9.    Temporary real estate sales office. A temporary real estate sales office may be approved within an approved subdivision, solely for the first sale of homes within the subdivision. The sales office shall be completely removed from the site prior to issuance of a Certificate of Occupancy.

10.    Temporary business office or private school classroom. A trailer or mobile home may be allowed as a temporary work site for employees of a business in advance of the completion of a permanent facility, or as a temporary classroom for a school; provided, that:

a.    The permanent use has obtained all necessary zoning approvals/permits and a Building Permit has been obtained for the trailer or mobile home, as well as the permanent structure;

b.    The use is appropriate because:

(1)    The trailer or mobile home will be in place during construction or remodeling of a permanent commercial, industrial, or classroom structure for a maximum of 24 months, or upon expiration of the Building Permit for the permanent structure, whichever first occurs; or

(2)    The applicant has demonstrated that the temporary work site is a short-term necessity for a maximum of 24 months, while a permanent work site is being obtained; and

c.    The trailer or mobile home is removed before final building inspection or the issuance of a Certificate of Occupancy for the permanent structure.

(1)    A temporary business office or school classroom may be allowed for up to 24 months, and the Zoning Administrator may grant one extension of up to 12 months.

11.    Similar temporary activities. A temporary activity that the Zoning Administrator determines is similar to the other activities listed in this subsection, and compatible with the applicable zoning and surrounding land uses.

F.    Longer-term limited activities subject to a Use Permit. The City may authorize a temporary land use that would occur for a longer period than allowed short-term land uses listed under this section by Use Permit approval, in compliance with Section 17.62.070 (Use Permit and Minor Use Permit), in lieu of a Limited Term Permit. The review authority may determine that a proposed temporary land use is similar to and compatible with a listed use and may be allowed, only after first making all of the following findings with the determination:

1.    The characteristics of, and activities associated with, the use are similar to one or more of the listed allowed short-term uses under Subsection E of this section and will not involve a greater intensity than the uses listed in the zone;

2.    The use will be consistent with the intents and purposes of the applicable zone;

3.    The use is consistent with the General Plan and any applicable specific plans;

4.    The use is compatible with the other uses allowed in the zone; and

5.    The use is not listed as allowable in any other zone.

A determination that a use qualifies as a similar and compatible use, with the findings supporting the determination, shall be made in writing upon Use Permit approval.

G.    Development standards. The Zoning Administrator shall establish the following standards based on the type of short-term activity, using the requirements of the applicable zone, and Articles 3 (Site Planning, Design, and Operational Standards) and 4 (Standards for Specific Land Uses) for guidance:

1.    Access, floor areas, heights, landscaping, off-street parking, setbacks, signs, utilities, and other structure and property development improvements and 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 Ordinance; and

3.    Limitation on the duration of any approved “temporary structure,” to a maximum of 12 months, so that it shall not become a permanent or long-term structure.

H.    Application filing and processing. An application for a Limited Term Permit shall be filed and processed in compliance with Chapter 17.60 (Permit Application Filing and Processing). The application shall be accompanied by detailed and fully dimensioned plans, architectural drawings and sketches, and data/materials identified in the Department handout for Limited Term Permits, and any applicable fees. An application for a Limited Term Permit shall be submitted at least four working days prior to the proposed event date in order for staff to review the request.

I.    Project review, notice, and hearing.

1.    Zoning Administrator review. Each application shall be reviewed by the Zoning Administrator to ensure that the proposal complies with all applicable requirements of this Zoning Ordinance.

2.    Public notice and hearing requirements. No public notice or hearing is required prior to a Zoning Administrator decision on a Limited Term Permit. Public notice and, if necessary, a hearing is required prior to a decision on a Use Permit in compliance with Chapter 17.78 (Public Hearings).

J.    Findings and decision. The Zoning Administrator shall approve a Limited Term Permit only after first finding that the requested short-term activity complies with all applicable standards in this section.

K.    Post-approval procedures. The procedures and requirements in Chapter 17.64 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 6 (Zoning Ordinance Administration), shall apply following a decision on a Limited Term Permit application.

1.    Condition of the site following short-term activity. Each site occupied by a short-term 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 Ordinance. Performance security may be required before initiation of the activity to ensure cleanup after the activity is finished in compliance with Section 17.64.070 (Performance Guarantees).

2.    Performance security for temporary structures. Before issuance of a Limited Term Permit, the applicant shall provide performance security in a form and amount acceptable to the Zoning Administrator to guarantee removal of all temporary structures within 30 days following the expiration of the Limited Term Permit in compliance with Section 17.64.070 (Performance Guarantees). (Ord. 2027 § 2 (Exh. A § 18), 2024)

A.    Purpose. The Planned Development Permit is intended to provide for flexibility in the application of Zoning Ordinance standards to allow for innovation in site planning and other aspects of project design and more effective design responses to site features, uses on adjoining properties, and environmental impacts than the Zoning Ordinance standards would produce without adjustment. Each planned development project must be of obvious, significantly higher quality than would be achieved through conventional design practices and strict application of zoning standards. Economic gain or the loss of prospective profits shall not be a basis for consideration of a Planned Development Permit.

B.    Applicability. A Planned Development Permit application may be filed and processed only under the following circumstances:

1.    Timing of permit. No Building or Grading Permit shall be issued on a site for which a Planned Development Permit is proposed until the Planned Development Permit has been approved in compliance with this section.

2.    Scope of approval.

a.    Planned Development Permit approval may adjust or modify, where determined by the review authority to be necessary and justifiable, any applicable development standard of this Zoning Ordinance (e.g., building height, setbacks, parking, street layout); provided, that the approval shall not authorize a land use that is not allowed in the applicable zone by Article 2 nor alter any development standard that is specified within the General Plan.

C.    Project design and development standards. A planned development project shall be designed and constructed in compliance with the following requirements, in addition to all other applicable requirements of this Zoning Code:

1.    Infrastructure requirements. A planned development proposal shall not be approved unless adequate sewer and water lines and streets already service the site, or the developer proposes to install the facilities at the developer’s expense.

2.    Street design. The street system in a planned development shall conform to the existing topography rather than cut through it, to minimize cut-and-fill grading activities. A planned development of five or more acres shall be designed and constructed with direct access to at least one major thoroughfare.

3.    Preservation of community assets and landmarks. Historic places, groves, scenic points, trees, waterways, and other community assets and landmarks within the project site shall be preserved to the greatest extent possible.

4.    Open space. A residential planned development project of three acres or more shall be designed to either provide a minimum of 10 percent of the total area in one centrally located usable open space area, or dedicate 10 percent of the total area of the site to the City. If the latter alternative is proposed, the City shall reserve the right to accept or reject a dedication. In either instance, at least one-half of the total open space area shall be directly accessible to the public, and open to use year-round.

5.    Screening buffer. A planned unit development project proposed to be of higher density or different character than an existing abutting single-family residential neighborhood shall be designed and constructed to provide an appropriate screening buffer between the proposed development and the abutting residential neighborhood.

D.    Application filing and processing.

1.    Pre-application conference. An applicant who intends to file an application for Planned Development Permit approval may first participate in a pre-application conference in compliance with Subsection 17.60.040.A (Application Preparation and Filing – Pre-application conference).

2.    Application content. An application shall be prepared and filed in compliance with Chapter 17.60 (Permit Application Filing and Processing). It is the responsibility of the applicant to provide evidence in support of the findings, as required by Subsection G.1 of this section.

E.    Review authority. A Planned Development Permit may be granted by the Commission.

F.    Project review, notice, and hearing.

1.    Application review. Each Planned Development Permit application shall be analyzed by the Zoning Administrator to ensure that the application is consistent with the purpose and intent of this section. The Zoning Administrator shall submit a staff report and recommendation to the Commission for their consideration.

2.    Public hearing. The Commission shall conduct a public hearing on an application for a Planned Development Permit before the approval or disapproval of the permit. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.78 (Public Hearings).

G.    Commission action. Following a public hearing, the Commission may approve or disapprove a Planned Development Permit, and shall record the decision and the findings upon which the decision is based.

1.    Required findings. The Commission may approve a Planned Development Permit only after first finding that:

a.    The project is consistent with the General Plan and any applicable specific plan, any applicable density bonus requirements (see Chapter 17.33 – Affordable Housing Incentives), and is allowed within the applicable zone;

b.    The project complies with all applicable provisions of this Zoning Ordinance other than those modified by the Planned Development Permit;

c.    The location, size, planning concepts, design features, and operating characteristics of the project are and will be compatible with the character of the site, and the land uses and development intended for the surrounding neighborhood by the General Plan;

d.    The approved modifications to the development standards of this Zoning Ordinance are necessary and appropriate to accommodate the superior design of the proposed project, its compatibility with adjacent land uses, and its successful mitigation of any identified environmental impacts;

e.    The development authorized by the Planned Development Permit approval will be of significantly higher quality, more energy efficient, more conserving of resources, and/or will produce fewer and less serious environmental impacts than development that could otherwise occur in compliance with the requirements of this Zoning Ordinance without adjustment;

f.    The project can be adequately, conveniently, and reasonably served by public facilities, services, and utilities;

g.    The establishment, maintenance, or operation of the use would not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.

2.    Conditions of approval. In approving a Planned Development Permit, the Commission may impose any conditions deemed reasonable and necessary to ensure that the project will comply with the findings required by Subsection G.1 of this section.

H.    Time limit and expiration. A Planned Development Permit shall expire and become void unless it is exercised or extended within the time frames specified in Section 17.64.080.

I.    Post approval procedures. The procedures and requirements in Chapter 17.64 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 6 (Zoning Ordinance Administration), shall apply following a decision on an application for Planned Development Permit approval. (Ord. 2027 § 2 (Exh. A § 19), 2024)

A.    Purpose. This section establishes procedures and standards for the review of Precise Plans, based on the authority provided by the General Plan and Government Code Section 65451. A Precise Plan provides a process for the detailed planning of an area to be developed or redeveloped with streets, blocks, and lots, public facilities, and other physical features, where the additional detail otherwise provided by a specific plan is not needed.

B.    Citizen participation program. The preparation of a Precise Plan shall incorporate citizen participation as deemed appropriate by the Director.

C.    Contents of Precise Plan. Each Precise Plan shall include conditions, programs, regulations, and proposed legislation regarding all of the following:

1.    The location of and standards for land uses and facilities;

2.    The location of and standards for roads, streets, and other transportation facilities;

3.    Standards for population density and building intensity, and provisions for supporting services;

4.    Standards for the conversion, development, and use of natural resources;

5.    Provisions for maximizing open space; and

6.    Other appropriate measures as determined by the City.

D.    Application preparation, filing, and processing. An application for a Precise Plan shall be prepared, filed and processed in compliance with Chapter 17.60 (Permit Application Filing and Processing). It is the responsibility of the applicant to establish evidence in support of the findings required by Subsection F of this section (Findings and decision).

E.    Project review, notice, and hearing. Each application shall be reviewed by the Director to ensure that the proposal complies with all applicable requirements of this Zoning Ordinance. The Commission shall conduct a public hearing on a proposed Precise Plan before a decision on the application. Notice of the hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.78 (Public Hearings).

F.    Findings and decision. The review authority may approve or deny a proposed Precise Plan, or approve a Precise Plan with requirements that the plan be modified in ways specified by the review authority and returned to the review authority for final approval. The review authority shall record the decision and the findings on which the decision is based. The review authority may approve a Precise Plan only after first finding all of the following:

1.    The proposed Precise Plan complies with all applicable provisions of this Zoning Ordinance and the Municipal Code;

2.    The proposed use is consistent with the General Plan, the Fort Ord Reuse Plan where applicable, and any applicable specific plan;

3.    The Precise Plan will produce development with design, location, size, and operating characteristics that are compatible with the existing and planned future land uses in the vicinity;

4.    The site is physically suitable for the type, density and intensity of development being proposed, including access, utilities, and the absence of physical constraints; and

5.    Precise Plan approval will not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone district in which the property is located.

G.    Post review procedures. The procedures and requirements in Chapter 17.64 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 6 (Zoning Ordinance Administration), shall apply following the decision on an application for a Precise Plan.

A.    Purpose. The Use Permit and Minor Use Permit are for the discretionary review of uses and activities that may be appropriate in an applicable zone, but whose effects on a site and surroundings cannot be determined before being proposed for a specific site. Use Permit or Minor Use Permit approval or denial is entirely at the discretion of the City, and approval may be granted only in compliance with this section.

B.    Applicability. The requirements of this section apply to uses listed within Article 2 (Zones, Permitted Land Uses, and Zoning Standards) as requiring either a Use Permit or Minor Use Permit. Minor Use Permit approval may be considered only for a project that is exempt from the California Environmental Quality Act (CEQA). A project that is required by Article 2 to have Minor Use Permit approval, but is not exempt from CEQA, shall instead require a Use Permit.

C.    Application filing and processing. A Use Permit or Minor Use Permit application shall be prepared, filed and processed in compliance with Chapter 17.60 (Permit Application Filing and Processing). It is the responsibility of the applicant to establish evidence in support of the findings required by Subsection E of this section (Findings and decision).

D.    Project review, notice, and hearing. Each application shall be reviewed by the Zoning Administrator to ensure that the proposal complies with all applicable requirements of this Zoning Ordinance.

1.    The Zoning Administrator may administratively approve a Minor Use Permit or Use Permit if all of the following requirements are met:

a.    The Zoning Administrator has determined that all of the findings identified in Subsection E of this section may be made; and

b.    The project is exempt or is not a project under CEQA; and

c.    A Notice of Intent to Approve has been mailed to all real property owners within 300 feet of the property and no protest has been received; and

d.    If the Use Permit or Minor Use Permit is accompanied by an application for Architectural Review, the applicant has complied with the requirements of Section 17.62.030.D.

2.    Projects not meeting the requirements above shall be referred to the Planning Commission. The Zoning Administrator may also choose to refer any application to the Planning Commission.

3.    Projects approved by the Zoning Administrator pursuant to Subsection D.1 of this section may be appealed to the Planning Commission pursuant to Chapter 17.76. If the Zoning Administrator determines that the project should be denied, the item shall automatically be referred to the Planning Commission with no need for appeal.

4.    Projects referred to the Planning Commission shall comply with all requirements for noticing typically required for a public hearing.

E.    Findings and decision. The review authority may approve or deny an application for Use Permit or Minor Use Permit approval. The review authority may approve a Use Permit or Minor Use Permit only after first finding all of the following:

1.    The proposed use is allowed within the applicable zone and complies with all other applicable provisions of this Zoning Ordinance and the Municipal 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 are compatible with the existing and planned 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; and

5.    Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone district in which the property is located.

F.    Conditions of approval. In approving a Use Permit or Minor Use Permit, the review authority may impose any reasonable conditions to ensure that the approval will comply with the findings required by Subsection E of this section. Any Use Permit granted for any medical or adult cannabis dispensary shall include as a condition the obtaining of a development/operating agreement with the City which shall require periodic review of performance and compliance as deemed appropriate by the City.

G.    Post review procedures. The procedures and requirements in Chapter 17.64 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 6 (Zoning Ordinance Administration), shall apply following the decision on an application for a Use Permit or Minor Use Permit. (Ord. 2027 § 2 (Exh. A § 20), 2024; Ord. 1046 § 1(D), 2018)

A.    Purpose. The Variance provides a process for City consideration of requests to waive or modify certain standards of this Zoning Ordinance when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other physical features, the strict application of the development standards otherwise applicable to the property denies the property owner privileges enjoyed by other property owners in the vicinity and in the same zone.

B.    Applicability. A Variance may be granted to waive or modify any requirement of this Zoning Ordinance except allowed land uses, residential density, floor area ratio limitations, specific prohibitions (for example, prohibited signs), or procedural requirements.

C.    Application filing and processing. An application for a Variance shall be prepared, filed, and processed in compliance with Chapter 17.60 (Permit Application Filing and Processing). It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection E of this section.

D.    Project review, notice and hearing. Each application shall be reviewed by the Director to ensure that the proposal complies with this section, and other applicable requirements of this Zoning Ordinance.

1.    The Zoning Administrator may administratively approve a Variance if all of the following requirements are met:

a.    The Zoning Administrator has determined that all of the findings identified in Subsection E of this section may be made; and

b.    The project is exempt or is not a project under CEQA; and

c.    A Notice of Intent to Approve has been mailed to all real property owners within 300 feet of the property and no protest has been received; and

d.    If the Variance is accompanied by an application for Architectural Review, the applicant has complied with the requirements of Section 17.62.030.D.

2.    Projects not meeting the requirements above shall be referred to the Planning Commission. The Zoning Administrator may also choose to refer any application to the Planning Commission.

3.    Projects approved by the Zoning Administrator pursuant to Subsection D.1 of this section may be appealed to the Planning Commission pursuant to Chapter 17.76. If the Zoning Administrator determines that the project should be denied, the item shall automatically be referred to the Planning Commission with no need for appeal.

4.    Projects referred to the Planning Commission shall comply with all requirements for noticing typically required for a public hearing.

E.    Findings and decision. The review authority may approve or deny an application for a Variance. The Review Authority shall record the decision and the findings on which the decision is based.

1.    Required Variance findings. The review authority may approve a Variance only after first making all of the following findings:

a.    There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, so that the strict application of this Zoning Ordinance deprives the property of privileges enjoyed by other property in the vicinity and within the same zone;

b.    The approval of the Variance includes conditions of approval as necessary to ensure that the adjustment granted does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and within the same zone.

c.    The Variance is consistent with the General Plan, and any applicable specific plan.

F.    Conditions of approval. In approving a Variance, the review authority:

1.    Shall impose conditions to ensure that the approval does not grant a special privilege inconsistent with the limitations on other properties in the vicinity, and the zone in which the property is located; and

2.    May impose any reasonable conditions to ensure that the approval complies with the findings required by Subsection E of this section.

G.    Post-review procedures. The procedures and requirements in Chapter 17.64 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 6 (Zoning Ordinance Administration), shall apply following the decision on an application for a Variance. (Ord. 2027 § 2 (Exh. A § 21), 2024)

This chapter provides requirements for the implementation or “exercising” of the permits required by this Zoning Ordinance, including time limits and procedures for granting extensions of time and changes to an approved project.

A.    The approval of a planning permit (i.e., Use Permit, Minor Use Permit, Variance, or Planned Development Permit) shall become effective on the seventh day after the date of approval by the review authority; provided, that no appeal has been filed in compliance with Chapter 17.76 (Appeals).

B.    The applicant shall sign their agreement with all applicable conditions of approval prior to issuance of any Building Permit or establishment of any use authorized by the permit. (Ord. 2027 § 2 (Exh. A § 22), 2024)

Development or a new land use authorized through a planning permit granted in compliance with Chapter 17.62 (Permit Review and Decisions) and other applicable requirements of this Zoning Ordinance shall be established only as approved by the review authority, and in compliance with all conditions of approval, except where a change to the project is approved in compliance with Section 17.64.090 (Changes to an Approved Project).

If a planning permit application is either denied by the review authority without appeal, or is denied by an appeal body, no new application for the same or substantially similar proposal shall be filed with the City for at least 12 months from the date of the final decision denying the application or proposal.

A planning permit application deemed approved in compliance with Government Code Section 65956 shall be subject to all applicable provisions of this Zoning Ordinance, which shall be satisfied by the applicant before a Building Permit is issued or a land use not requiring a Building Permit is established.

A Use Permit, Minor Use Permit, Variance, or Planned Development Permit that is granted in compliance with Chapter 17.62 (Permit Review and Decisions) shall be deemed to run with the land from the effective date of the permit through any change of ownership of the site, except in the case where a permit expires and becomes void in compliance with Section 17.64.080 (Permit Time Limits, Extensions, and Expiration). All applicable conditions of approval shall continue to apply after a change in property ownership. (Ord. 2027 § 2 (Exh. A § 23), 2024)

A.    As a condition of approval of a Use Permit, Minor Use Permit, Variance, Planned Development Permit, or Architectural Review, upon a finding that the City’s health, safety and welfare warrant, the review authority may require the execution of a covenant to deposit security, and the deposit of security in a reasonable amount to ensure the faithful performance of one or more of the conditions of approval in the event that the permittee fails to perform. The security shall, as required by law or otherwise at the option of the City, be in the form of cash, a certified or cashier’s check, a faithful performance bond, or other security acceptable to the City, executed by the applicant and a corporate surety authorized to do business in California. The security shall remain in effect until all of the secured conditions have been performed to the satisfaction of the Director.

B.    Security required in compliance with this section shall be payable to the City.

C.    Upon satisfaction of all applicable provisions of this section, the security deposit will be released. However, upon failure to perform any secured condition, the City may perform the condition, or cause it to be done, and may collect from the permittee, and surety in case of a bond, all cost incurred, including engineering, legal, administrative, and inspection costs. (Ord. 2027 § 2 (Exh. A § 24), 2024)

A.    Time limits.

1.    Unless a condition of approval or other provision of this Zoning Ordinance establishes a different time limit, a permit or approval not exercised within 12 months of approval shall expire and become void, except where an extension of time is approved in compliance with Subsection B of this section.

2.    A planning permit shall not be deemed “exercised” until the permittee has either obtained an issued Building Permit from the City, or, if no Building Permit is required, has actually commenced the allowed use on the site in compliance with the conditions of approval.

3.    After it has been exercised, a planning permit shall remain valid and run with the land in compliance with Section 17.64.060, as long as a Building Permit is active for the project, the applicant has complied with all applicable conditions of approval, a final building inspection or certificate of occupancy has been granted, and the use is not discontinued. If a use authorized by planning permit is discontinued for a period of greater than 24 months, then the permit shall become null and void, and reestablishment of the use shall comply with the then-current provisions of the Zoning Ordinance, including the need to obtain a new planning permit, if applicable.

4.    If a project is to be developed in approved phases, each subsequent phase shall be exercised within 12 months from the date that the previous phase was exercised, unless otherwise specified in the permit, or the unexercised phases of the permit shall expire and become void, except where an extension of time is approved in compliance with Subsection B of this section. If the project also involves the approval of a Tentative Map, the phasing shall be consistent with the Tentative Map and the permit shall be exercised before the expiration of the Tentative Map, or the permit shall expire and become void.

B.    Extensions of time. Upon written request by the applicant, the original permit review authority may extend the time for an approved planning permit to be exercised.

1.    Filing and review of request.

a.    Time for filing. The applicant shall file a written request for an extension of time with the Department at least 30 days before the expiration date, together with the filing fee required by the City’s Fee Schedule.

b.    Evidence to be provided. The Zoning Administrator shall determine whether the applicant has made a good faith effort to exercise the permit. The burden of proof is on the applicant to establish, with substantial evidence, that circumstances beyond the control of the applicant have prevented exercising the permit.

c.    Public hearing. If the original approval required a public hearing, the original review authority shall hold a public hearing on a proposed extension of time, after providing notice of the public hearing in compliance with Chapter 17.78 (Public Hearings).

d.    Notwithstanding the other provisions of this chapter, the Zoning Administrator may administratively approve an extension of time for a period of up to one year without the need for public notice, a public hearing, or consideration by the original approving authority if the Zoning Administrator finds that there have been no significant changes to the General Plan, Zoning Ordinance, Specific Plan, or other applicable rules, regulations, or laws which could have had an impact on the original approval had they been in place at the time of approval, and there have been no changes to the conditions or circumstances of the site or project so that there would have been grounds for disapproval of the original project.

2.    Action on extension request. A permit may be extended for a maximum of two additional 12-month periods beyond the expiration of the original approval; provided, that the review authority (e.g., Zoning Administrator or Commission) first finds that there have been no changes in the conditions or circumstances of the site or project so that there would have been grounds for disapproval of the original project. The review authority may grant an extension of less than the maximum time allowed by this section.

3.    Conditions of approval. The granting of a time extension in compliance with this section may include the review authority requiring additional conditions of approval as provided by the section of this chapter applicable to the specific permit type (e.g., Use Permit, Planned Development Permit).

C.    Effect of expiration. After the expiration of a planning permit in compliance with Subsection A.1 of this section, no further work shall be done on the site until a new planning permit and any required Building Permit or other City permits are first obtained. (Ord. 2027 § 2 (Exh. A § 25), 2024)

Development or a new land use authorized through a planning permit granted in compliance with this Zoning Ordinance shall occur only as approved by the review authority, and in compliance with all conditions of approval, except where a change to the project is approved as follows:

A.    Application. An applicant shall request a desired change in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request.

B.    Public hearing. If the original project approval required public notice and a hearing, public notice shall be provided, and the review authority shall conduct a public hearing on the requested changes in compliance with Chapter 17.78 (Public Hearings).

C.    Changes approved by Director. The Director may authorize one or more changes to an approved site plan, architecture, landscape plan, parking layout, or the nature of the approved land use where the Director first finds that each change:

1.    Is consistent with all applicable provisions of this Zoning Ordinance;

2.    Does 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.    Does not involve a feature of the project that was specifically addressed or was a basis for conditions of approval for the project or that was a specific consideration by the review authority (e.g., the Director, Commission, or Council) in the project approval;

4.    Is minor and will not affect the aesthetics of the project; and

5.    Does not result in an expansion of the land use.

The Director may choose to refer any requested change to the original review authority for review and final action. See also Subsection 17.30.040.J for specific considerations on changes to approved landscape plans.

D.    Changes approved by original Review Authority. A proposed change that does not comply with the criteria in Subsection C of this section shall only be approved by the original review authority for the project through a new permit application processed in compliance with this Zoning Ordinance.

The Zoning Administrator may periodically review any project authorized by planning permit approval for compliance with any applicable condition of approval. If any condition is being violated, the Zoning Administrator may schedule a public hearing before the original review authority to consider the revocation of the permit in compliance with Section 17.80.060 (Permit Revocation).

This chapter establishes procedures and requirements for the review and approval of development agreements, in compliance with Government Code Section 65864 et seq.

A.    Applicant qualifications. Only a person who has legal or equitable interest in the real property that is the subject of a proposed development agreement, or their authorized agent, may apply for the approval of a development agreement. The Director may require an applicant to submit proof of their interest in the real property and of the authority of the agent to act for the applicant. Before processing the application, the Director shall obtain the opinion of the City Attorney as to the sufficiency of the applicant’s interest in the real property to enter into the agreement.

B.    Application contents.

1.    Forms and information. The City Manager shall prescribe the form for application, notice and documents provided for or required under this chapter for the preparation and implementation of a development agreement. The City Manager may require an applicant to submit information and supporting data as the City Manager considers necessary to process the application.

2.    Draft agreement. Each application shall be accompanied by a draft development agreement in the form required by the City.

3.    Fee. Each application shall include the processing fee deposit required by the City Fee Schedule.

C.    Application filing and processing. An application for a development agreement shall be filed and processed in compliance with Chapter 17.60 (Permit Application Filing and Processing).

A.    Notice of intention. The Director shall give notice of intention to consider the adoption of a development agreement in addition to any other notice required by this Zoning Ordinance for other actions to be considered concurrently with the development agreement. The notice shall be given in the same manner as other public hearing notices, in compliance with Section 17.78.020 (Notice of Hearing).

B.    Public hearings. The Commission shall conduct at least one public hearing on a proposed development agreement prior to making a recommendation to the Council on the agreement, and the Council shall conduct at least one hearing prior to a decision on the application. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.78 (Public Hearings). The failure to receive notice by any person entitled to notice by law or this Zoning Ordinance does not affect the authority of the City to enter into a development agreement.

C.    Irregularity in proceedings. No action, inaction or recommendation regarding a proposed development agreement shall be held void or invalid, or be set aside by a court by reason of any error, irregularity, informality, neglect or omission (error) as to any matter pertaining to petition, application, notice, finding, record, hearing, report, recommendation, or any matters of procedure whatever unless after an examination of the entire case, including the evidence, the court is of the opinion that the error complained of was prejudicial and that by reason of the error the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed. There is no presumption that error is prejudicial or that injury was done if error is shown.

A.    Commission recommendation. After a hearing, the Commission shall make its recommendation regarding the development agreement in writing to the Council. The recommendation shall include the Commission’s determination, and reasons for the determination, as to whether the proposed development agreement:

1.    Is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan;

2.    Is compatible with the uses authorized in, and the regulations prescribed for, the zoning district where the site is located;

3.    Is in conformity with public convenience, general welfare and good land use practice;

4.    Will not be detrimental to the health, safety and general welfare; and

5.    Will not adversely affect the orderly development of property or the preservation of property values.

B.    Adverse decision by Commission. If the Commission recommends against adoption of the development agreement, the Council shall not be required to take further action unless an interested party requests a hearing by filing a written request with the City Clerk within five days after the Commission recommendation is filed with the Council. Notice of the hearing shall be given in compliance with Section 17.78.020 (Notice of Hearing).

C.    Decision by Council.

1.    After the Council completes its public hearing, it may approve, approve with conditions, or deny the development agreement. It may, but need not, refer a matter not previously considered by the Commission during its hearing back to the Commission for report and recommendation. The Commission may, but need not, hold a public hearing on a matter referred back to it by the Council.

2.    The Council shall not approve the development agreement unless it finds that the provisions of the agreement are consistent with the General Plan and any applicable specific plan.

D.    Approval of development agreement. Council approval of a development agreement shall be by the adoption of an ordinance. The Council may enter into the agreement after the ordinance approving the development agreement takes effect.

A.    Initiation of amendment or cancellation. Either party may propose an amendment to or cancellation of an effective development agreement, in whole or in part.

B.    Procedure. The procedure for proposing and adopting an amendment to, or cancellation in whole or in part of a development agreement shall be the same as the procedure for entering into an agreement as provided by this chapter, except as otherwise provided in the development agreement.

A.    Within 10 days after the City enters into the development agreement, the City Clerk shall have the agreement recorded with the county recorder.

B.    If the parties to the agreement or their successors in interest amend or cancel the agreement, or if the City terminates or modifies the agreement for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the City Clerk shall have notice of the action recorded with the county recorder.

A.    Review required. Every development agreement approved and executed in compliance with this section shall be subject to annual City review, during the full term of the agreement. Appropriate fees to cover the City’s costs to conduct the periodic reviews shall be collected from the applicant.

B.    Purpose of review. The purpose of the periodic review shall be to determine whether the applicant or its successor-in-interest has complied in good faith with the terms of the development agreement. The burden of proof shall be on the applicant or its successor to demonstrate compliance to the full satisfaction of, and in a manner prescribed by, the City.

C.    Initiation of review. The applicant shall contact the Director to initiate the required periodic review no later than 60 days prior to the expiration of each 12-month period after the execution of the development agreement.

D.    Action based on noncompliance. If, as a result of periodic review the Council finds and determines, on the basis of substantial evidence, that the applicant or its successor-in-interest has not complied in good faith with the terms or conditions of the agreement, the Council may order, after a noticed public hearing, that the agreement be terminated or modified.

A.    Proceedings upon modification or termination. If, upon a finding under Section 17.66.050, the City determines to proceed with modification or termination of the agreement, the City shall give notice to the property owner of its intention to do so. The notice shall contain:

1.    The time and place of the hearing;

2.    A statement as to whether or not and in what respects the City proposes to terminate or to modify the development agreement;

3.    Other information that the City considers necessary to inform the property owner of the nature of the proceeding.

B.    Hearing on modification or termination. At the time and place set for the hearing on modification or termination, the property owner shall be given an opportunity to be heard. The Council may impose those conditions to the action it takes as it considers necessary to protect the interests of the City. The decision of the Council is final. (Ord. 1025 § 20, 2015)

The requirements of this chapter are intended to protect sites and structures identified by the community as culturally and/or historically significant, that contribute to the City’s character and identity, and that should be preserved and/or restored.

No person shall alter the exterior of, construct improvements to, or demolish any historic structure except in compliance with requirements of this chapter, which shall include the analysis required by the California Environmental Quality Act (CEQA) to determine historic significance, and the effects of the proposed alterations.

The Council may designate an improvement, natural feature, or site as an historic landmark and any area within the City as an historic district in compliance with this section, based on the Council’s evaluation of the age of the affected structures, distinguishing characteristics, distinct geographical area, familiar visual feature, significant achievement, and/or other distinctive feature.

A.    Procedure. The designation of an historic landmark or district, or the removal of the designation of an historic landmark or district, shall comply with the procedure established by this Zoning Ordinance for amendments in Chapter 17.74, including public notice and a hearing in compliance with state law, and a final decision by the Council.

B.    Permit issuance during nomination process. No permit for any improvement or structure within a proposed historic district or relative to a nominated historic landmark shall be issued while the nomination process is pending.

C.    Placement on historic register. The nominated district, site, or structure shall be placed on the City’s historic register after being officially accepted by the Council, and the designation shall be recorded for each affected parcel in the office of the Monterey County recorder.

D.    Removal from the historic register. A designated local resource may only be removed from the City’s historic register in the following cases:

1.    When a Certificate of Appropriateness has been approved for demolition; or

2.    After five years of being designated, the property owner may submit a de-nomination statement outlining reasons for removal from the register. The de-nomination request shall be processed in compliance with the procedure for nomination listed above. The de-nomination statement must provide written proof and documentation that the findings used to designate the structure were largely in error, or that new information has been discovered, material to the decision to designate the resource, which was not discovered through the exercise of due diligence at the time of the original designation.

If delisting a designated resource is proposed, environmental review shall be required in compliance with the California Environmental Quality Act (CEQA) as it relates to historic resources.

A.    Purpose. A Certificate of Appropriateness (COA) is intended to protect structures, improvements, natural features, objects, and areas of architectural, cultural, economic, historic, political, and social importance from unnecessary and/or inappropriate alteration, demolition, or removal.

B.    Applicability. A COA is required for the alteration, demolition, moving, or removal of any landmark or structure designated on the City’s Historic Register, any individual cultural resource or any contributing cultural resource within a historic district, and for any alteration, demolition, moving, or removal of any potential cultural resource identified through the City’s review of a planning and/or construction permit application or CEQA review, by the City, any agent of the City, or a private party. A COA:

1.    Shall be required in addition to any other permits required by this Zoning Ordinance; and

2.    Shall accompany any permit or any work otherwise altering the architectural features or appearance of the resource.

Alteration shall mean any act or process, through private or public action, that changes the specified character defining a cultural resource or significant physical features or architectural appearance of a cultural resource, including the reconstruction, new construction additions, repair, restoration, rehabilitation, replacement or removal of any resource.

Changes in character include modification of a structure, architectural detail or visual characteristic (e.g., grading, paint color, surface texture), surface paving, the addition of new structures, the cutting or removal of trees, landscaping and other natural features, the disturbance of archaeological sites or areas, and the placement or removal of any significant objects (e.g., fences, landscaping and accessories, light fixtures, plaques, signs, steps, street furniture, and walls) affecting the significant visual or historical qualities of the property.

When approving a COA, the review authority may permit a waiver of development standards for designated cultural resources only.

C.    Application preparation and filing. A Certificate of Appropriateness application shall be filed with the Department. The application shall include plans and specifications showing the proposed change in architectural appearance, color and texture of materials, the proposed architectural design of the structure, and any additional information required by Director. The application shall also show the relationship of the proposed work to the surrounding environs. A COA application may propose discreet alterations of a cultural resource or may propose a long-term plan of rehabilitation and preservation of a particular resource.

D.    Application for demolition. An application for demolition of a historic resource, a structure within a historic district, or for new construction on a cultural resource property shall include plans and specifications for the proposed new structure or addition and shall include information pertaining to landscaping, massing, relationship to site and streetscape, scale, and signs. The application shall be accompanied by any other information that the Director determines is required for an informed evaluation of the proposed work.

E.    Application for a site within a historic district. Both individual resources and contributing resources are subject to all Certificate of Appropriateness findings and requirements. Noncontributing resources are not subject to the requirements of this section, but will be reviewed to ensure that proposed development on the noncontributing property will not degrade the historical character of the historic district. If noncontributing resources are proposed to be demolished, a COA shall be required to ensure that the proposed development will not degrade the historical character of the historic district.

F.    CEQA. The review and approval of a COA shall require environmental review in compliance with the California Environmental Quality Act (CEQA) as it relates to historic resources.

A public hearing shall be scheduled for a Certificate of Appropriateness (COA) requiring Commission approval as soon as practicable after receipt of the application.

A.    Public hearing notice. Notice of the public hearing shall be given in compliance with the requirements in Chapter 17.78 (Public Hearings).

B.    Review and approval.

1.    Criteria for review. In evaluating a COA application, the review authority shall use any applicable design guidelines, and the Secretary of the Interior’s Standards for Rehabilitation, and shall consider the factors (e.g., the existing and proposed architectural style, arrangement, color, design, materials, and texture to be used) with regard to the original distinguishing architectural characteristics of the cultural resource. In addition, the Zoning Administrator may require that the proposed work be reviewed by a preservation architect. The actual work shall be completed by a preservation contractor or someone with demonstrated expertise in the field. Wherever feasible, the state Historic Building Code (SHBC) and the Uniform Code for Building Conservation (UCBC) shall be used in permitting any alteration to a cultural resource.

2.    Authority of Planning Commission. The Commission may approve or deny a COA, in whole or in part. Notice of the Commission decision shall be sent to the applicant, owner and occupants of the property within 10 days of the date of the Commission decision.

3.    Authority of Zoning Administrator. The Zoning Administrator may approve a COA for proposed minor architectural elements and details, paint or other colorings or finishes, minor site improvements, or signage. Zoning Administrator approval of a COA shall require making all of the findings required by Subsection D of this section, but does not require a public hearing or public notice. The Zoning Administrator may also approve fences, replacement of window glass, replacement in-kind of windows, doors, roofs, or exterior materials, or proposals which are determined by the Zoning Administrator to be ordinary maintenance or repair, and which are conducted in a manner that preserves the archaeological, cultural, and historic value of the cultural resource through conformance with any applicable prescriptive standards and/or design guidelines adopted by the City, and/or the guidelines of the Secretary of the Interior’s Standards for Rehabilitation. Minor changes or modifications to a COA can be approved by the Zoning Administrator, even if the Zoning Administrator was not the approving body. The Zoning Administrator may refer any COA application to the Commission for hearing and decision.

C.    Investigation for COA. The review authority may require the applicant to furnish material evidence, as needed, supporting the request for alteration, demolition, or removal of a cultural resource or to give testimony and furnish evidence of any or all of the following, where appropriate:

1.    Cost estimates for the proposed alteration, construction, demolition, or removal, and an estimate of the cost(s) that would be incurred to comply with the requirements of the COA;

2.    A written report from a licensed structural engineer with experience and expertise with historic structures and rehabilitation, as to structural integrity and suitability for rehabilitation;

3.    Estimated market value of the property in its current condition and estimated market value after completion of the proposed alteration, construction, demolition, or removal as compared with any changes required by the COA;

4.    In the case of a proposed demolition, an estimate from an appraiser, architect, developer, real estate consultant, or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or adaptive reuse of the existing structure on the property and its market value for continued use after rehabilitation;

5.    For income-producing properties, information on annual gross income, current assessed property valuations, current property value appraisals, depreciation, reductions, and annual cash flow after debt service, operating and maintenance expenses, real estate taxes, and other information considered necessary by the review authority to determine whether substantial evidence of economic hardship exists;

6.    Remaining balance on any mortgage or other financing secured by the property for the previous two years;

7.    All appraisals obtained within the previous two years by the owner or applicant in connection with the financing, ownership, or purchase of the subject property;

8.    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 buyer. Additionally, any listing of the property for sale or rent, prices asked and offers received, if any, within the previous two years;

9.    Assessed value of the property according to the two most recent assessments;

10.    Real estate taxes for the previous two years;

11.    Form of ownership or operation of the property, whether sole proprietorship, for-profit or nonprofit corporation, limited partnership, joint venture, or other; and

12.    Other information considered necessary by the review authority for a determination as to whether the property does yield or may yield a reasonable return to the owner.

D.    Findings for Certificate of Appropriateness.

1.    Alterations, generally. A COA shall be issued for a proposed alteration only if the review authority first finds that:

a.    The proposed work will neither adversely affect the significant architectural features of the cultural resource nor adversely affect the character or historic, architectural, aesthetic interest, or value of the cultural resource and its site; and

b.    The proposed work conforms to any prescriptive standards and design guidelines adopted by the City for the particular resource, and to the Secretary of the Interior’s Standards for Rehabilitation, and does not adversely affect the character of the cultural resource; and

c.    In the case of construction of a new improvement upon a cultural resource property, the use and design of the improvement shall not adversely affect, and shall be compatible with, the use and design of existing cultural resources within the same historic district; and

2.    Alterations found not to be adverse. The effect of alteration on a cultural resource that would otherwise be found to be adverse may be considered not adverse for the purpose of this section when the alteration is:

a.    Limited to the rehabilitation or restoration of improvements; and

b.    Conducted in a manner that preserves the archaeological, cultural, and historic value of the cultural resource through conformance with any prescriptive standards adopted by the City for that cultural resource, cultural resource property, or historic district, and the guidelines of the Secretary of the Interior’s Standards for Rehabilitation.

E.    Conditions for Certificate of Appropriateness. The review authority may approve a Certificate of Appropriateness subject to any condition deemed necessary or desirable to effect the purposes of this chapter. The conditions shall be covenants running with the land.

F.    Period of validity of Certificate of Appropriateness. A COA shall become void unless construction is commenced within 12 months from the date of approval. A COA may be renewed for 12 months by applying to the Department a minimum of 30 days before the expiration of the certificate. The review authority may grant an extension for another 12-month period. A COA may be extended only twice, and a new COA is required thereafter. If the project is not completed within 12 months after the expiration of the last Building Permit, a new Certificate of Appropriateness shall be required to complete the work.

The following requirements shall apply in cases involving proposed demolition, in addition to all other applicable provisions of this chapter:

A.    Required findings. The Commission shall approve a COA for the demolition of a cultural resource only in conjunction with the concurrent approval of a proposed replacement project, and only after first making all of the following findings:

1.    The cultural resource cannot be remodeled, rehabilitated or reused in a manner that would allow a reasonable use;

2.    Denial of the application will diminish the value of the subject property so as to leave substantially no value;

3.    The cultural resource cannot be remodeled, rehabilitated, or reused in a manner that would allow a reasonable rate of return; and

B.    Justifiable hardships. Personal, family or financial difficulties, loss of prospective profits and Building Code violations shall not justify the issuance of a COA.

C.    Economic hardship. Demolition not in compliance with the findings required by Subsection A of this section may be approved only in cases of economic hardship. Economic hardship is defined as a substantial cost to the property owner that is patently unreasonable in comparison to the benefit conferred to the community should the owner be limited to following the guidelines for preserving or protecting the property. In order to approve demolition on the basis of economic hardship, the Commission shall first find all of the following:

1.    Disapproval would substantially diminish the value of the property;

2.    The sale or rental of the property is impractical when compared to the cost of holding the property for uses allowed in the subject zoning district;

3.    An adaptive reuse study has been conducted and found that utilization of the property for lawful purposes is prohibited or impractical;

4.    Disapproval would unreasonably damage the owner of the property in comparison to the benefit conferred on the community;

5.    All means involving City sponsored incentives (e.g., amendments to this Zoning Ordinance, Building Code modifications, financial assistance, and/or grants) have been explored to relieve possible economic hardship;

6.    Without approval of the proposed construction, demolition, exterior alteration, remodeling, or removal, the reasonable use of or return from a designated landmark or property within an historic district will be denied a property owner; and

7.    In the case of a proposed demolition, the Zoning Administrator shall make an additional finding that the designated landmark cannot be remodeled or rehabilitated in a manner that would allow a reasonable use of or return from the property to the owners.

D.    Effect of demolition. If approval of a COA will result in the demolition of a cultural resource, the applicant shall be required to memorialize the resource proposed for demolition in compliance with the standards of the Historic American Building Survey (HABS). The documentation may include an archaeological survey, floor plans, measured drawings, photographs, or other documentation specified by the Commission.

When appropriate, the Commission may require that a memorialization of the resource be incorporated into the proposed redevelopment of the site including the following:

1.    Book or pamphlet;

2.    Photographic display;

3.    Small museum or exhibit;

4.    Use of original fixtures; and/or

5.    Other methods deemed appropriate by the Commission. (Ord. 1025 § 21, 2015)

A Certificate of Appropriateness is required to alter, add to, repair, restore, reconstruct, demolish or replace a disaster-damaged cultural resource in compliance with this Zoning Ordinance, except where the Building Official determines that an unsafe or dangerous condition exists in compliance with Section 17.68.100 (Unsafe or Dangerous Condition).

A.    Purpose. The rehabilitation incentives provided by this section are intended to encourage the maintenance, preservation, and rehabilitation of cultural resources in the City, recognizing that maintaining and rehabilitating a cultural resource places increased burdens on the affected property owner. These rehabilitation incentives are intended to reduce those burdens so that property owners will be encouraged to invest in maintaining the City’s cultural resources.

B.    Applicability. Upon designation of a structure or improvement as a designated cultural resource, the property owner may apply to the Council for aid and assistance in rehabilitating the resource. The application for rehabilitation incentives is considered the necessary planning permit; the applicant need not submit additional applications for other permits required by this Zoning Ordinance, but shall comply with any City requirements for a Building Permit, Grading Permit, etc.

C.    Types of incentives allowed. The Council may grant any or all of the following rehabilitation incentives:

1.    Adaptive reuse, including the approval of a change to a land use that is not otherwise allowed in the zone, but which is permitted in other zones;

2.    Mills Act Agreements;

3.    Permit fee waivers; and/or

4.    Reduction and/or substantial modification in the development standards of this Zoning Ordinance.

D.    Application content. Applications shall include the information required by the Director.

E.    Review and approval of rehabilitation incentives.

1.    Hearing and action. The Commission shall hold a public hearing to determine the eligibility of a property for rehabilitation incentives and shall, by resolution, approve or deny any incentives. The action of the Commission on a Mills Act agreement shall be a recommendation to the Council; the Council has final approval authority in Mills Act decisions. Public notice for the hearing shall comply with state law.

2.    Required findings for approval. The Commission may recommend or grant rehabilitation incentives, only after first making all of the following findings:

a.    Findings for all incentives.

(1)    Each incentive to be granted serves to compensate the property owner for the increased burden, in terms of maintenance and expense, that rehabilitation would entail;

(2)    No approved incentive would impair the aesthetic, architectural, or historic integrity of the resource; and

(3)    No proposed incentive would be detrimental to the public health, safety, or general welfare.

b.    Findings for adaptive reuse. In addition to the above findings, the Commission shall make the following findings for the approval of adaptive reuse:

(1)    The change of use would occupy no more floor area than the original use;

(2)    The proposed use would not significantly impair the physical character of the area in which it is located; and

(3)    The change of use would result in substantial restoration of the significant and architectural features or exterior architectural appearance of the resource, and/or will result in a maintenance plan that will ensure the upkeep and continued maintenance of the resource over the expected life of the project.

3.    Conditions of approval. In approving rehabilitation incentives, the Commission may impose any conditions of approval deemed necessary to ensure compatibility between the new use and the surrounding area.

The owner, occupant, or other person in actual charge of a cultural resource shall keep in good repair all of the exterior portions of the improvement, structure, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature and any other specifically designated features of the property. If periodic maintenance and upkeep is not done, and the resource falls into disrepair, the fact that it is in disrepair may not be used as justification for demolition or any other alteration which would cause adverse effect as defined in this chapter.

In the case of damage to a structure that is the result of an isolated incident, the Zoning Administrator may approve a Certificate of Appropriateness for a structure for which there is a threat of imminent hazard as determined by the Building Official, without public notice. In the case of widespread damage to structures throughout the City (as in the case of an earthquake), the Zoning Administrator shall stay all notices to demolish designated or potential cultural resources, including all structures in designated or potential districts, until a structural engineer with expertise in the restoration of historic structures has evaluated the nature and extent of the damage to each structure, and recommended steps to stabilize each structure. The City shall stabilize or isolate damaged structures to permit persons with appropriate expertise to further evaluate the damage. In cases where a structural engineer with expertise in the restoration of historic structures has determined that the building cannot be stabilized, then the Zoning Administrator may issue a Certificate of Appropriateness for the demolition of one or more structures.