No person shall construct any building or structure or make structural and physical improvements, additions, extensions and/or exterior alterations, and no permit shall be issued for each construction until the site plan and design has been submitted to, reviewed by, and approved in accordance with this chapter. The property may only be developed, used and maintained in accordance with the approved site plan and design review.

(Ord. 91-09- 1112 (part): Ord. 90-05-1067 § 1 (part))

   A.   General. The purpose of site plan and design review is to ensure that proposed development is in conformity with the intent and provisions of this title and to guide city departments in the issuance of permits. In addition, it is the purpose of this chapter to ensure that proposed development relates to the topography, and to prevent excessive similarity, dissimilarity or inappropriateness in building design and appearance in relation to present and proposed buildings and structures, because such would adversely affect the development, use, occupancy, health, safety and welfare of surrounding areas for residential, commercial or industrial uses or purposes, and by so doing, impair the benefits of occupancy of existing property in such areas; such would impair the stability and value of both improved and unimproved real property in such areas and prevent appropriate development of such areas.

   B.   Redevelopment Approval. An additional purpose of this chapter is to provide a means of regulation and control of construction of all new improvements and the substantial modification, alteration, repair or rehabilitation of existing improvements, within any Signal Hill redevelopment project area adopted by the redevelopment agency and the city council pursuant to the community redevelopment law of the state, as well as all amendments thereto. Under the provisions of community redevelopment law, the height of buildings, and land coverage, building, utility, landscaping, signs and design criteria, traffic circulation, traffic access and other development and design controls for proper development of both public and private areas within a project as may be established by the agency. Within any project area, no new improvements shall be constructed and no existing improvements shall be substantially modified, altered, repaired or rehabilitated except in accordance with plans submitted to and approved by the agency. In addition, all development in any project area shall comply with all applicable state and local laws, codes and ordinances in effect from time to time, including the zoning ordinance, and, in addition, any requirement of the redevelopment agency imposed from time to time by or pursuant to any redevelopment plan. It shall be a purpose and function of site plan and design review to review and pass on all such new improvements or substantial modification, alteration, repair or rehabilitation of any existing improvements within any redevelopment project area, in accordance with the approved redevelopment plan, as well as all applicable state and local laws, codes and ordinances in effect from time to time, the zoning ordinance, and, in addition, any requirement of the redevelopment agency imposed by or pursuant to community redevelopment law. Therefore, no building permit or occupancy permit can be issued for construction or occupancy of any new improvement or any modification, alteration, repair or rehabilitation of an existing improvement within the project area until the application for such a permit has been found by the agency to be consistent with the redevelopment plan.

   C.   In addition, pursuant to community redevelopment law, the redevelopment agency may require the owner or purchaser of the property to enter into an agreement, in which such owner or purchaser shall agree to the imposition of such restrictions as are necessary to carry out any redevelopment plan. The redevelopment agency may require such an agreement as a condition to the issuance of a building permit. In those cases where such an agreement is made and entered into, the purpose of site plan and design review shall be to ascertain compliance with the agreement.

(Ord. 91-09-1112 (part): Ord. 90-05-1067 § 1 (part))

   A.   Informal Review. Prior to filing a formal application for site plan and design review, applicants are encouraged to submit drawings to the department of planning and community development for informal review and comments. Applicants with applications subject to planning commission site plan and design review are further encouraged to schedule, through the department of planning and community development, an informal review workshop with the planning commission prior to processing a final application for site plan and design review.

   B.   Prerequisites to Review. For properties with abandoned wells, prior to filing a formal application for site plan and design review, applicants must complete the prerequisite requirements pursuant to Section 16.24.020 and the Oil Services Coordinator shall submit a summary report pursuant to Section 16.24.060, including provision of an “at risk” letter if the intent is not to complete well abandonments prior to site plan and design review. The letter shall acknowledge that the success or failure to complete well abandonments in compliance with the city’s equivalency standard will determine whether wells may be built over or in close proximity to as indicated on the well access exhibit marked “no access”, pursuant to Section 16.24.050(B). Further, the letter shall state that it is understood that failure to abandon wells to the city’s equivalency standard will prohibit development over or in close proximity to the wells resulting in revisions to the site plan and potentially additional site plan and design review pursuant to Chapter 20.52.

   C.   Review by the Director. The site plan and design review applications set forth in this section shall be reviewed and approved, conditionally approved, or denied by the director of the department of planning and community development or the director’s designated representative, based on findings made pursuant to Section 20.52.050 and without prior notice to the applicant. However, the applicant shall be notified in writing of the director’s decision. If the director of the department of planning and community development approves a site plan or design review application under this section, the applicant shall be entitled to issuance of necessary permits upon compliance with all preconditions to such issuance after expiration of the appeal period as provided in subsection D of this section. The director of the department of planning and community development may refer any application made pursuant to this section to the planning commission for determination. All site plan and design review applications filed in conjunction with variance, conditional use permit, zoning ordinance amendment and tentative tract map requests will be reviewed by the planning commission. Those site plan and design review applications subject to the director’s approval are as follows:

   1.   Construction of new buildings, additions or extensions which are ten thousand square feet or less in gross floor area in any commercial or industrial zone;

   2.   Construction of first story additions or extensions of five hundred square feet or less (exclusive of garages, covered or uncovered patios, balconies, and walkways, eaves for other architectural projections, and uncovered tennis courts, pools, spas, and similar recreational facilities) to an existing dwelling unit;

   3.   All exterior structural and physical improvements relocations, and/or exterior alterations of or to existing buildings and structures, including physical site improvements. Physical site improvements shall include, but are not limited to, landscaping, parking and loading areas, driveways, walls, signs, fences and trash enclosures.

   D.   Review by the Planning Commission. The director of the department of planning and community development or the director’s designated representative shall review all applications and site plans submitted pursuant to Section 20.52.040 to determine if they are complete. Except as provided in subsection B of this section, the application and accompanying drawings, if deemed complete, shall be forwarded to the planning commission for review and determination at a regularly scheduled meeting in accordance with the submittal deadlines for such meetings as posted in the department of planning and community development. The applicant shall be notified within thirty calendar days on the completeness of the application. If the application is deemed complete, notification will include the tentatively scheduled date of the formal review. If the application is deemed incomplete, notification will include a list of items necessary to complete the application, and a date by which all of the information must be submitted in order to be scheduled for the next regular hearing date. Notice of the hearing on the application for site plan or design review shall be given as provided in subsection G of this section. The planning commission shall make findings as set forth in Section 20.52.050, and based on such finds shall either approve, conditionally approve, or deny any application for site plan or design review. The planning commission may, from time to time, continue its deliberations on any application to another meeting or meetings.

   E.   Appeals to Planning Commission. Except as otherwise provided in subsection B of this section, the applicant or any aggrieved party may appeal to the planning commission a decision of the director of the department of planning and community development to deny or conditionally approve any application for site plan and design review by filing an appeal in writing with the director of the department of planning and community development within ten calendar days following the date of written notification to the applicant of the director’s decision. If a timely appeal is not filed, the director’s decision shall be final. The planning commission shall hear the matter at their next regularly scheduled meeting at which the matter can be heard. Notice of the hearing on the application for site plan and design review shall be given as provided in subsection F of this section. The planning commission may sustain, modify, or overrule the decision of the director. In so doing, the planning commission shall make the findings and apply the standard of review contained in Section 20.52.050. The determination of the planning commission shall be final unless an appeal to the city council is timely filed.

   F.   Appeals to the City Council. The applicant or any aggrieved party may appeal to the city council any decision of the planning commission on an application for site plan and design review by filing an appeal in writing with the city clerk within ten calendar days of the planning commission meeting at which the matter can be heard. Notice of the hearing on the application for site plan and design review shall be given as provided in subsection G of this section. The city council may sustain, modify, or overrule any decision of the planning commission. In so doing, the city council shall make findings and apply the standard of review set forth in Section 20.52.050. The decision of the city council shall be final.

   G.   Notice of the Hearing. Whenever notice of a planning commission or city council hearing on a site plan or design review application is required by this section, such notice shall be sufficient if given in writing by first class mail, at least ten days prior to the date of the hearing, to the applicant and those property owners, as shown on the last equalized assessment roll, whose property is within a one-hundred-foot radius of the boundary of the subject property. The notice shall also be published in a newspaper of general circulation at least ten days prior to the hearing.

(Ord. 2015-05-1475 § 9 (part); Ord. 91-09-1112 (part): Ord. 90-05-1067 § 1 (part))

   A.   Application Requirements.

   1.   For review by the director of planning and community development, pursuant to Section 20.52.030, the applicant shall submit a completed site plan and design review application on a form provided by the department, four sets of site plans, and required fees.

   2.   For review by the planning commission, pursuant to Section 20.52.030, the applicant shall submit a completed application, and all required fees to the department of planning and community development. The applicant shall also submit twenty sets off architectural elevations, landscape and site plans, two sets of plain white gummed mailing labels with the addresses of all property owners within one hundred feet of the subject property and a radius map, clearly indicating those other properties within one hundred feet of the subject property, and any other supporting documentation such as title reports, photographs, material boards, etc., required by the department of planning and community development.

   B.   Required Information. The submittal shall include the following information:

   1.   Fully dimensioned site plan including the following:

   a.   Name, address, and phone number of applicant, property owner, and architect/designer;

   b.   The correct legal description, including the assessor’s parcel number;

   c.   Lot dimensions;

   d.   All buildings and structures on site and within the public rights-of-way;

   e.   Fully dimensioned floor plans showing the proposed use of each area, and all corridors, doorways and restrooms;

   f.   Yards and spaces between buildings, including dimensions;

   g.   Walls and fences and their location, height and materials;

   h.   Off-street parking location, number of spaces and dimensions of parking area, internal circulation pattern, and type of paving;

   i.   Pedestrian, vehicular, and service access, points of ingress and egress, internal circulation;

   j.   Signs and their location, size, height, materials and lighting;

   k.   Handicapped spaces, location and ramps;

   l.   Loading location, dimensions, number of spaces and internal circulation;

   m.   Light location and details, hooding devices;

   n.   Required street dedications, and improvements, as provided in Section 20.52.070;

   o.   For residential construction, a statement of intent to use dwelling units(s) as model home(s), or if no such use is intended, a statement to that effect;

   p.   All abandoned oil wells and all accompanying information, as required by Section 16.24.020 through 16.24.060;

   q.   A letter of intent to conduct a property methane assessment and submit a mitigation plan pursuant to Section 16.24.080(E).

   2.   A landscaping and irrigation plan showing location, spacing and size of landscape materials as they will appear after three years of growth, and a list of proposed species including the common botanical name. Street trees and existing on-site trees must also be shown and identified where necessary. Existing trees to be removed or retained shall also be shown and identified;

   3.   Hardline drawings of building elevations showing all sides of the proposed building(s) as they will appear upon completion, including proposed colors and materials, screening details for mechanical equipment, and building height. Elevations may be required to include graphic representation of official datum line and maximum building height and shall include human figures to indicate scale of proposed structure;

   4.   Drainage pattern and structures;

   5.   Towers, chimneys, roof structures, flagpoles, radio and television masts, all mechanical equipment external to main or accessory structures, and their location, design, site, height, materials, colors, screening, and architectural treatment;

   6.   Oil wells within fifty feet of subject property;

   7.   Detailed sign plan, indicating sign location, dimensions, materials, colors, lighting and mounting details for all signs, including directional, advertising, business and project identification signs;

   8.   Environmental data and supporting documentation sufficient for the director of planning and community development, as the case may be, to make adequate findings pursuant to the requirements of California Environmental Quality Act of 1970;

   9.   For any new development which proposes to locate any portion of any dwelling within six hundred feet of an operating oil well, injection well or any other appurtenant oil field equipment, the applicant shall, as part of the site plan and design review application, comply with all the requirements of Section 9.16.085, including preparation of a joint oil field equipment noise mitigation plan and/or a development applicant oil field equipment noise mitigation plan, and shall be required to implement the plan in conjunction with the development of the residential projects. No site plan and design review application shall be deemed complete until the plan is submitted to and approved by the director of planning.

   10.   In addition to the above, the planning director or planning commission may require additional information including the following:

   a.   Section through sites;

   b.   Preliminary grading plans;

   c.   Colored renderings and/or perspective drawings;

   d.   Site line drawings indicating relationship of proposed buildings and structures to existing structures on adjacent properties and to any public street or other public areas where views may be affected. Site line drawings are to include the view of the hill from major, secondary and secondary modified streets and any other public areas, if, in the determination of the director of planning and community development, the size and/or location of such structure may affect views of or vistas to the hill;

   e.   Traffic studies required if project is in traffic study area;

   f.   Acoustical reports;

   g.   A scale model of proposed structures which may be required to indicate structures on adjoining properties;

   h.   Any other information pertinent to the application.

   C.   Model Homes. As a condition of site plan and design review approval for any residential project which will include the use of model home(s), the applicant shall submit operations plans for same for review and approval by the planning commission. The planning commission may require such changes or conditions of approval for proposed operations plans as deemed necessary to protect the health and safety of the general public and of residents and occupants of structures likely to be affected by model home(s) operations, consistent with provisions of applicable city, state, and federal policies, codes, and standards.

   1.   Planning Commission Review. Review of model home(s) operations plans by the planning commission shall not require a public hearing, but shall be conducted at a regularly scheduled planning commission meeting. Filing deadlines for operations plans shall be the same as set forth for planning commission public hearing agenda items;

   2.   Submittal Requirements. The applicant shall submit ten copies of operations plans as part of the first plan check submittal subsequent to site plan and design review approval of the project by the planning commission. The operations plans shall include site plans and documentation representing the following:

   a.   The location of model home(s) and the relationship of each to adjacent development and to adjoining surface streets;

   b.   The location and number of proposed visitor and employee parking stalls;

   c.   Proposed vehicular circulation routes to and from proposed customer parking areas, and on-site and off-site directional signs, barriers, and other devices necessary to protect and promote the safety of visitors to the sites;

   d.   Proposed pedestrian circulation routes between and among model homes, and between customer parking and model home(s), and directional signs, barriers, and other devices necessary to protect and promote the safety of visitors to the sites;

   e.   The proposed dates model home(s) would become operational and the relationship of same to the completion dates of other dwelling units within the project;

   f.   Proposed days and hours of operation;

   g.   The number of employees expected to be on the model home(s) site at any given time during operating hours.

   D.   Property Within Redevelopment Agency Areas. If the application pertains to property which is located within a redevelopment project area, the application shall also include, as deemed necessary by the director of planning and community development, an explanation of how the site plan complies with the applicable redevelopment plan and regulations of the redevelopment agency.

   E.   Fees. The fees shall be such as the city council may by resolution establish from time to time.

(Ord. 2015-05-1475 § 9 (part); Ord. 2013-07-1459 § 8; Ord. 2013-07-1460 § 8; Ord. 93-05-1154 §§ 1, 2; Ord. 92-10-1132 §§ 2--5; Ord. 91-09-1112 (part): Ord. 90-05-1067 § 1 (part))

   A.   Findings. In approving or conditionally approving a site plan and design review application, the director of planning and community development, the planning commission or city council, as the case may be, shall find that:

   1.   The proposed project is in conformance with the general plan, zoning ordinance, and other ordinances and regulations of the city;

   2.   The proposed project is in conformance with any redevelopment plan and regulations of the redevelopment agency and any executed owner’s participation agreement or disposition and development agreement;

   3.   The following are so arranged as to avoid traffic congestion, to ensure the public health, safety, and general welfare, and to prevent adverse effect on surrounding properties:

   a.   Facilities and improvements;

   b.   Pedestrian and vehicular ingress, egress, and internal circulation;

   c.   Setbacks;

   d.   Height of buildings;

   e.   Signs;

   f.   Mechanical and utility service equipment;

   g.   Landscaping;

   h.   Grading;

   i.   Lighting;

   j.   Parking;

   k.   Drainage;

   l.   Intensity of land use;

   4.   The topography is suitable for the proposed site plan and the site plan, as proposed, is suitable for the use intended;

   5.   The proposed development provides for appropriate exterior building design and appearance consistent and complementary to present and proposed buildings and structures in the vicinity of the subject project while still providing for a variety of designs, forms and treatments.

   B.   Site Plan and Design Review Criteria. In reviewing any site plan or design review application pursuant to the requirements of this chapter, the director of the department of planning and community development, the planning commission, or the city council, as the case may be, shall utilize the following criteria:

   1.   The overall development plan integrates land with building forms and achieves architectural unity and environmental harmony within the development, consistent with the objective of emphasizing and enhancing the positive aesthetic characteristics existing, developing or to be developed in the surrounding area;

   2.   Structures shall be situated so as to respect and respond to the existing topography, to minimize alteration of natural land forms, to minimize disruption of desirable trees and vegetation, and to minimize interference with the privacy of and views from surrounding properties;

   3.   Building pads should be established and graded as near to existing topographic elevations as possible and in such manner as to blend with contours of adjoining properties and avoid abrupt transitions;

   4.   The size and location of proposed structures enhance, protect or minimize interference with the views of or vistas to the hill which is that area generally bounded by Willow Street on the north, 21st Street on the south, Cherry Avenue on the west and Temple Avenue on the east, from major, modified, and secondary modified streets and from any other public areas;

   5.   Exterior building treatments are restrained, not harsh or garish, and selected for durability, wear characteristics, ease of maintenance, and initial beauty. All exterior treatments are coordinated with regard to color, materials, architectural form and detailing to achieve design harmony and continuity. Exposed metal flashing or trim should be anodized or painted to blend with the exterior colors of the building;

   6.   Rooflines on a building are compatible through-out the development and with surrounding development;

   7.   Buildings and related outdoor spaces are designed to avoid abrupt changes in building scale. The height and bulk of buildings are in scale with surrounding sites and do not visually dominate the site or call undue attention to buildings. Structures higher than two stories emphasize horizontal, as well as vertical appearance, e.g., by the use of projection or recession of stories, balconies, horizontal fenestration, changes in roof levels or planes, landscaping or outdoor structures or detailing, to convey a more personal scale;

   8.   The development protects the site and surrounding properties from noise, vibration, odor, and other factors which may have an adverse effect on the environment;

   9.   The designs of buildings, driveways, loading facilities, parking areas, signs, landscaping, lighting and other project features are responsive both to functional requirements, such as automobile, pedestrian and bicycle circulation, and to aesthetic concerns including the visual impact on other properties and from the view of the public street;

   10.   The designs of accessory structures, fences and walls are harmonious with main buildings, insofar as possible, the same building materials are used on all structures on the site;

   11.   Proposed signs, and the materials, size, color, lettering, location and arrangement thereof, are an integrated part of and complementary to the overall design of the entire development;

   12.   Landscaping is incorporated in such a way as to complement the overall development, enhance visual interest and appeal, and visually integrate buildings within the natural setting. Landscaping shall include combinations of trees, shrubs, turf, and groundcover with major emphasis on utilization and retention of native species and drought tolerant plant materials suited to local climatic conditions. Landscaping in parking areas shall be located so as to provide visual relief from expanses of paved surfaces. Landscaping buffers shall be used to screen exterior trash and recycling areas, loading docks and ramps, electrical utility boxes and transformers, and fire flow valves and backflow preventers;

   13.   Landscape buffers should also be used, in conjunction with earthen berms, to minimize the visual impact and presence of vehicles by screening them from view to the extent feasible from both on-site and off-site vantage points;

   14.   Mechanical and utility service equipment is designed as part of the structure or is screened consistent with building design. Electrical transformers shall not be located in required front yard setbacks. Large vent stacks and similar features should be avoided, but if essential, are screened from view or painted to be nonreflective and compatible with building colors. Rooftop mechanical equipment shall be screened from view of public rights-of-way or integrated into the design of the structure. Particular attention should be paid to minimizing the visual impact of rooftop equipment which may be visible from properties or rights-of-way at higher elevations;

   15.   Natural space-heating, cooling, ventilation and day lighting are provided, to the extent possible, through siting, building design and landscaping. Deep eaves, overhangs, canopies and other architectural features that provide shelter and shade should be encouraged;

   16.   Trash enclosures and truck loading areas, to the extent feasible, shall be located out of view from public rights-of-way, and shall be of appropriate size and shape to accommodate additional receptacles for recycling materials;

   17.   Proposed building, walkway, and parking lighting enhances building design and landscaping, as well as security and safety, and does not create glare for occupant on adjoining properties;

   18.   Drainage is provided so as to avoid flow onto adjacent property;

   19.   On new development, all utility facilities are underground;

   20.   Adequate provisions are made for fire safety;

   21.   All Oil and Gas Code development standards contained in Chapter 16.24 are met., and a condition of approval has been added that prior to issuance of any certificate of occupancy for developments constructed over or in close proximity to abandoned wells, the property owner shall record a declaration of CC&Rs, in a form subject to the review and approval of the City Attorney, putting future owners and occupants on notice of the following: the existence of abandoned wells on the site; that the wells within the area of development have been leak tested and found not to leak; description of any methane mitigation measures employed; disclosure that access to these wells has been provided to address the fact that they may leak in the future causing potential harm; acknowledgment that the state may order the reabandonment of any well should it leak in the future; acknowledgment that the state does not recommend building over wells; and releasing and indemnifying the city for issuing project permits.

   22.   All zoning ordinance development standards are met.

(Ord. 2015-05-1475 § 9 (part); Ord. 2013-07-1459 §§ 9, 10; Ord. 2013-07-1460 §§ 9, 10; Ord. 91-09-1112 (part): Ord. 90-05-1067 § 1 (part))

   A.   Following the completion of the review procedure set forth in Section 20.52.030, written notification of approval and any conditions thereof shall be made to the applicant. Construction of the improvements set forth in the approved site plan shall be commenced within one year from the date the approved site plan is signed by the director. Thereafter, the site plan and design review approval shall expire and become null and void, unless a written request for extension is received by the director of planning and community development at least thirty days prior to such expiration. Upon receipt of written request for extension, the director of planning and community development may grant an extension of site plan and design review approval for a period not to exceed six months from the original date of expiration, or may refer such request to the planning commission for determination. In no event, however, shall any such extension be granted for a period which exceeds one year from the original expiration date.

   B.   Any changes or revisions to an approved site plan shall be subject to approval in accordance with this chapter.

   C.   Notwithstanding subsection (A), any site plan and design review approval shall expire and become null and void at the same time any building, grading, or demolition permit associated with construction of the improvements set forth in the site plan is deemed null and void pursuant to section 20.52.100.

(Ord. 13-06-1454 § 2; Ord. 91- 09-1112 (part): Ord. 90-05-1067 § 1 (part))

   A.   If the director of the department of planning and community development, the director of public works, the planning commission, or the city council finds that the development of the property subject to site plan and design review will increase vehicular traffic in that area, the director of planning and community development, the director of public works, the planning commission, or the city council may require as a condition to the approval of a site plan that an applicant provide the following street dedications and improvements reasonably in proportion to increased vehicular traffic which the director of the department of planning and community development, the director of public works, planning commission, or the city council determines is caused by development on the subject property:

   1.   When the development borders or is traversed by an existing street, the following may be required:

   a.   Minor Streets, Local Streets, and Cul-de-sacs. Dedication of all necessary rights-of-way to widen the street to its ultimate width determined by the city in accordance with city ordinances and regulations; installation of curbs, gutters, sewers, drainage, street lighting, street trees, sidewalks, street signs, water mains, driveway approaches and required utilities; and grading and improving from curb to existing pavement;

   b.   Major Streets and State Highways. The setback of all facilities to required distances from the property line ultimately established following completion of street improvements, as shown on the general plan; installation of curbs, gutters, sewers, drainage, street lighting, sidewalks, street trees, street signs, water mains, driveway approaches and required utilities; and grading and improving the roadway for a distance of eighteen feet from the curb.

   2.   When the development does not border or is not traversed by an existing street, frontage roads or new roads of any class determined by the director of the department of planning and community development, the director of public works, the planning commission, or the city council to be necessary due to the development shall be dedicated to the city. Such streets or roads shall be fully graded and improved with curbs, gutters, sewers, drainage; sidewalks, street trees, street signs, street lighting, water mains, driveway approaches, required utilities, and grading and paving; provided, that where the street or road is indicated as an eventual major street on the general plan, the amount of grading and paving required shall not exceed that required for such existing streets under subsection (A)(1)(a) of this section.

   B.   All improvements shall be made in accordance with Chapter 12.04 of this code. If the city determines that it is impractical to require installation of required improvements at the time of the development of the subject property, the applicant shall enter into a written agreement to make such improvements in the future. In the event that such an agreement is required, the applicant shall, at the time of entering into the agreement, deposit with the city funds in an amount equal to the estimated costs of the improvement, as determined by the city, or the applicant shall post with the city a performance bond to guarantee the completion of such improvements in the future. In any event, the applicant shall be required to install such improvements upon written demand therefor by the city.

(Ord. 91-09-1112 (part): Ord. 90-05-1067 § 1 (part))

   Before a building permit shall be issued for any building or structure pursuant to this chapter, the building official shall ensure that:

   A.   The proposed building is in conformity with the site plan and conditions approved by the director of planning and community development, the planning commission, or the city council, as the case may be;

   B.   All required improvements have either been installed, or an agreement has been executed and cash or bonds have been deposited with the city to cover the costs of the improvements;

   C.   All of the required dedications have been given;

   D.   All building code requirements have been met;

   E.   Fire department and other agency approvals have been obtained, where necessary;

   F.   Proof of oil quitclaim releases and rights-of-entry have been provided.

(Ord. 91-09-1112 (part): Ord. 90- 05-1067 § 1 (part))

   At all times after a building, grading, or demolition permit has been issued authorizing work at any site, the site must be secured and screened to the satisfaction of the Building Official to reduce health, safety, and aesthetic impacts to the neighborhood until completion of the work.

(Ord. 2013-06-1454 § 1)

   Upon issuance of the first building, grading, or demolition permit, notification of permit issuance shall be provided to all property owners within a one-hundred-foot radius of the boundary of the subject property as shown on the last equalized assessment roll (unless the City View Policy applies, in which case noticing shall be consistent with the procedures of the View Policy).

(Ord. 2013-06-1454 § 1)

   A.   The Building Official or Director of Community Development may deem any building, grading, or demolition permit issued pursuant to Title 15 of this Code to be null and void upon the occurrence of any of the following:

   1.   The building or work authorized by such permit is not commenced within one hundred eighty days from the date of permit issuance;

   2.   The building or work authorized by such permit is suspended or abandoned at any time after the work has started, for a period of one hundred eighty days or more;

   3.   For projects that will result in the addition of floor area to a structure, if a Certificate of Occupancy has not been issued for the proposed structure or addition within the time limit set forth in Table 1 below, starting from the date of issuance of the first building, grading, or demolition permit for the project, or within any extension of time approved pursuant to section 20.52.110.

(Ord. 2013-06-1454 § 1)

 

   B.   At least sixty days prior to expiration of the construction time limit in subsection (A)(3), the Building Official or Community Development Director shall mail notice to the permit holder that the time limit is about to expire. Failure to provide such notice shall not prevent a permit from being declared null and void pursuant to subsection (A).

(Ord. 2013-06-1454 § 1)

   A.   The time periods in section 20.52.100(A)(3) above may be extended, provided a written request for extension is submitted by the permit holder to the Director of Community Development, the Building Official, or his or her appointed representative, at least thirty calendar days prior to expiration of the time period. The request for extension must contain written justification for the extension and must include documentation of financing, if any, obtained to complete the project. A fee shall be required for any request for extension, in an amount established by City Council resolution; but in the event a deposit is already on file for the project, the city's costs of processing the request for extension shall be deducted from the deposit.

   B.   Upon receiving a request for extension, the Director of Community Development shall provide notice of the request to all property owners within a one-hundred-foot radius of the boundary of the subject property as shown on the last equalized assessment roll (unless the City View Policy applies, in which case noticing shall be consistent with the procedures of the View Policy). The notice shall provide a ten calendar day public comment period during which any person may submit written comments to the Director of Community Development regarding the request for extension.

   C.   If no written public comments postmarked or hand-delivered during the public comment period are received, the Director of Community Development shall be the approving authority for any first extension request. If one or more public comments postmarked or hand-delivered during the public comment period are received, the Planning Commission shall be the approving authority for any first extension request. The Planning Commission shall be the approving authority for all second extension requests. No second extension request may be made unless a first extension request has been approved previously.

   D.   The approving authority shall approve a request for extension when, in its discretion, the request demonstrates good cause. In determining whether a request demonstrates good cause, the approving authority shall consider each of the following criteria:

   1.   Whether substantial progress has been made toward project completion.

   2.   Whether the condition of the property presents health or safety hazards.

   3.   Delays due to difficulties related to site topography.

   4.   Delays due to material suppliers or labor-related issues.

   5.   Delays due to an earthquake, fire, flood, explosion, act of God, or other circumstances beyond the applicant's control.

   6.   Delays caused by the City or other government entity.

   7.   Other unusual factors, if any.

   The applicant's financing, or lack thereof, shall not be considered in deciding whether there is good cause for an extension.

   E.   When the Planning Commission is the approving authority, it shall hold a public hearing on the request, to be noticed in the same manner as provided in section 20.52.030(F). The decision of the approving authority shall be by letter or resolution, describing the reasons for the decision based on the criteria in section 20.52.110(D). The Director of Community Development shall mail the approving authority's decision to the permit holder by first-class mail, postage prepaid, enclosing an affidavit or certificate of mailing. The decision of the approving authority shall be final, unless appealed pursuant to subsection (F) or (G) below.

   F.   Any decision of the Director of Community Development to deny a request for extension may be appealed to the Planning Commission, which shall conduct a public hearing and de novo review, applying the criteria listed in subsection (D). The public hearing shall be noticed in the same manner as provided in section 20.52.030(F). Any such appeal shall be filed in writing within seven days of service of the decision of the Director of Community Development. The Planning Commission's decision on such an appeal shall state its reasons for decision, shall be served on the permit holder in the same manner as described in subsection (E), and shall be final unless appealed pursuant to subsection (G) below.

   G.   Any decision of the Planning Commission on a request for extension may be appealed to the City Council, which shall conduct a public hearing and de novo review, applying the criteria listed in subsection (D). The public hearing shall be noticed in the same manner as provided in section 20.52.030(F). Any such appeal shall be filed in writing within seven days of service of the decision of the Planning Commission. The City Council's decision on such an appeal shall state its reasons for decision, shall be served on the permit holder in the same manner as described in subsection (E), and shall be final.

   H.   Upon a final decision approving a request for extension, the time period in section 20.52.100(A)(3) shall be extended by the time listed in Table 2 below, based on project size. No permit shall be deemed null and void pursuant to section 20.52.100 while a valid request for extension is pending. If the project's construction time limit has already expired at the time of the final decision, the extension time shall run from the date of service by mail of the final decision.

 

   I.   No more than two requests for extension may be granted for any single project.

   A.   When the Building Official or Director of Community Development has deemed a building, grading, or demolition permit null and void pursuant to section 20.52.100, all work authorized by the permit must cease. No work shall recommence until (1) as required by section 20.52.060(C), a new site plan and design review application is submitted and approved pursuant to this chapter, and (2) a new building, grading, or demolition permit is approved by the Building Official.

   A.   As an alternative to deeming a building, grading, or demolition permit null and void pursuant to section 20.52.100, the Building Official or Community Development Director may impose the following penalties:

   1.   For the first thirty days after expiration of the construction time limit, there shall be no penalty.

   2.   For each day thereafter, the City may impose a penalty of two hundred dollars per day. The total sum of penalties imposed pursuant to this section shall not exceed thirty-six thousand dollars for any single project.

   B.   Imposition of any penalties pursuant to this section shall not prevent the Building Official or Community Development Director from later deeming a permit null and void pursuant to section 20.52.100.

   C.   After a building, grading, or demolition permit has been deemed null and void pursuant to section 20.52.100, any conditions on the project site that constitute a public nuisance as described in section 8.12.010 may be abated as provided in Chapter 8.12 of this code, in addition to any other remedies provided by law.

   D.   Any continuance of the work authorized by the building, grading, or demolition permit after it has been deemed null and void shall constitute a public nuisance that may be abated as provided in Chapter 8.12 of this code, in addition to any other remedies provided by law.

(Ord. 2013-06-1454 § 1)