A.

Permit review procedures. This Chapter provides procedures for the final review, and approval or disapproval of the land use permit applications established by this Development Code.

B.

Subdivision review procedures. Procedures and standards for the review and approval of subdivision maps are found in Article 6 (Subdivision Procedures).

C.

Application filing and initial processing. Where applicable, the procedures of this Chapter are carried out after those described in Chapter 9-50 (Application Filing and Processing), for each application.

(§ 5, Ord. 1085, eff. January 6, 2006)

A.

Purpose of Chapter.

1.

Procedure. This Section provides a procedure for issuing Zoning Clearances which are used to verify that a proposed land use activity or structure complies with all of the allowed list of activities and development standards applicable to the category of use or the zoning district of the subject parcel.

2.

Compliance. Where Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) requires a Zoning Clearance as a prerequisite to establishing a land use or structure, the Director shall evaluate the proposed use or structure to determine whether a Zoning Clearance may be issued in compliance with Title 9 of the SVMC.

B.

Applicability.

1.

An application for a Zoning Clearance shall be filed in compliance with the following:

a.

A clearance for the use of vacant nonresidential land or structure(s) shall be filed at least 14 days before the intended use inauguration;

b.

A clearance for a structure which is to be erected or remodeled shall be filed in conjunction with the companion Building Permit application; and

c.

No person shall alter, install, occupy, or use any newly constructed or modified structure, or change or occupy any newly initiated or modified use, or type or class of use, except for a single-family dwelling, without first applying for and obtaining the required Zoning Clearance.

2.

An application for a Zoning Clearance shall be required for the following:

a.

To allow a "reconfiguration" of an architectural feature which does not modify the previously approved theme or plan for an approved development project;

b.

To allow the movement, of up to five feet, of the approved building footprint within the buildable area of a project site for an approved development project;

c.

To allow the replacement of one approved model floor plan (e.g., model home) with another approved model floor plan, on an approved map or site plan, as long as the replacement floor plan was for the same, or less, number of stories;

d.

To allow restriping of a parking lot which does not decrease the number of parking spaces required for an approved development project;

e.

To allow color and material board changes that are consistent with the original approval for a completed residential, commercial, or industrial development project;

f.

To allow the addition of accessory structures (up to a maximum of 150 square feet total for all accessory structures) to an approved commercial or industrial development project;

g.

To allow the adjustment or expansion of a building footprint not to exceed 10 percent of the existing (or previously approved) footprint, or 1,000 square feet, whichever is less;

h.

For projects over 10 acres, if the final grade of a grading plan, or the final grade as a result of an adjustment in the field, differs from what the applicable review authority approved by no more than one foot in the exterior when located adjacent to existing development, and by no more than three feet on the interior, the grading may be approved by a Zoning Clearance, subject to confirmation by the City Engineer that the above identified criteria have been met; and

i.

For projects 10 acres or less, if the final grade of a grading plan, or the final grade as a result of an adjustment in the field, differs from what the applicable review authority approved by not more than one foot on the interior or exterior of the project, the grading may be approved by a Zoning Clearance, subject to confirmation by the City Engineer that the above identified criteria have been met;

j.

To allow the introduction of a new model floor plan (e.g., model home) to an approved residential development project;

k.

To allow outdoor storage accessory to an existing permitted use, within the CI, CPD, CR, LI, and GI Zones, pursuant to Section 9-44.110 (Outdoor Storage);

l.

If the request exceeds the above listed thresholds, an Administrative Action would be required, in compliance with Section 9-52.030;

m.

To allow construction of one single-family, detached dwelling unit on one lot; and

n.

To allow the modification of up to 10% of a developed site's landscaping or the removal of up to 2 trees, per calendar year, whichever is greater.

o.

To allow beekeeping in the RMod, RM, RL, RVL, RE, and OS Zones on lots up to three acres that have the A (Farm Animal), L (Limited Farm Animal), and H (Horse) overlay zoning districts, or on lots of 10,000 square feet to three acres that are outside the A, L, and H overlay zoning districts, when the Director finds the use is consistent with the standard in Section 9-44.060.D.1.

o[p].

To allow the addition of a roofed or unroofed outdoor dining area as an accessory use to an existing restaurant or food retailer where the outdoor dining area is not more than 50 percent of the gross floor area of the existing restaurant or food retailer and is not located within 50 feet of any residential zone.

3.

An application for a Zoning Clearance shall not be required for the following:

a.

A change in color or material on a completed single-family residence;

b.

Allowed crop growing where no structures are involved;

c.

Allowed household animals;

d.

Uncovered patios, paving, and uncovered decks, when constructed no more than 30 inches above the surrounding finished grade;

e.

Paving in the side and rear yards (a Zoning Clearance is required for paving in the front yard and the parkway); and

f.

Fences or walls six feet or less in height, except when located within the required front yard setback and is over 42 inches in height.

4.

Review authority. The Director shall issue (sign-off) the Zoning Clearance after first determining that the proposed development or improvement would:

a.

Comply with all of the applicable provisions, requirements, and standards for the category of use and the zoning district of the subject parcel;

b.

Be in full compliance with all previously issued conditions of approval;

c.

Be in full compliance with this Development Code and the Municipal Code;

d.

Be consistent with the purpose, intent, goals, policies, programs, and land use designations of the General Plan and any applicable specific plan; and

e.

Receive a supportive recommendation by the City Engineer, regarding a final grade as identified in Subsection (2)(i), above.

5.

All applicants for Zoning Clearances shall comply with and adhere to the terms, plans, and conditions of the clearance, including what is shown on any submittals provided by the applicant. Any variation or deviation in any use or what is constructed from such terms, plans, and conditions shall be a violation of the Simi Valley Municipal Code and subject to enforcement pursuant to Section 9-78.040 of this Chapter.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by § 2, Ord. 1110, eff. April 6, 2007; § 2, Ord. 1126, eff. March 13, 2008; and § 2 (Exh. A), Ord. No. 1183, eff. March 15, 2012; § 3 (Exh. A), Ord. No. 1278, eff. December 14, 2017; § 2 (Exh. A), Ord. No. 1322, eff. July 8, 2021; § 2(Exh. A), Ord. No. 1327, eff. November 11, 2021 and § 2(Exh. A), Ord. No. 1341, eff. July 14, 2022)

A.

Purpose. This Section allows for Administrative Actions which authorize the Director to approve minor requests that have historically resulted in no, or very minimal, impacts on adjacent structures and the surrounding neighborhood if implemented in compliance with the provisions, requirements, and standards of this Development Code.

B.

Applicability and findings. An application for an Administrative Action shall be required for the following, and subject to the criteria and findings specified herein:

1.

To allow the addition of a small outdoor recycle collection facility, when the Director finds:

a.

The facility is in conformance with the definition of a Collection Facility for Recyclable Materials (Small), per Section 9-80.020;

b.

The proposed project qualifies for an exemption under the California Environmental Quality Act; and

c.

The proper standards and conditions have been imposed which protect the public health, safety, and welfare.

2.

To allow those uses that require a Conditional Use Permit, within existing spaces of 3,000 square feet of total gross floor area or less, when the Director finds:

a.

The use is situated entirely within a structure approved with a Planned Development Permit or Conditional Use Permit;

b.

For vehicle related uses, no vehicle access roll-up doors are facing the street or residential areas;

c.

The proposed project qualifies for an exemption under the California Environmental Quality Act; and

d.

The proper standards and conditions have been imposed which protect the public health, safety, and welfare.

3.

To allow an addition or reduction to a building(s), allow the movement of a building footprint, and/or allow elevation, floor, site and/or landscape plan change(s), for an approved residential, commercial, or industrial development, when the Director finds:

a.

The change(s) or substitution(s) are consistent with the approved design theme of the project and City-adopted design guidelines;

b.

The change is within the existing buildable pad area of project site;

c.

The change does not exceed 25 percent of the project's gross square footage or landscaped area, and removal of up to ten (10) trees, per calendar year, whichever is greater;

d.

The proposed project qualifies for an exemption under the California Environmental Quality Act; and

e.

The proper standards and conditions have been imposed which protect the public health, safety, and welfare.

4.

To allow the addition of an accessory structure(s), within an approved multi-family residential, commercial, or industrial development project, when the Director finds:

a.

The accessory structure is consistent with the design theme of the project and City-adopted design guidelines;

b.

The accessory structure is within the buildable area of existing project site;

c.

The accessory structure does not exceed 25 percent of the principal building's gross square footage, up to maximum of 2,500 square feet;

d.

The proposed project qualifies for an exemption under the California Environmental Quality Act; and

e.

The proper standards and conditions have been imposed which protect the public health, safety, and welfare.

5.

To allow the addition of a roofed or unroofed outdoor dining area as an accessory use to an existing restaurant or food retailer where the outdoor dining area is 1,500 square feet or less and is located within 50 feet of any residential zone or is located within a Mixed Use Zone. A public hearing will be required.

6.

To allow the size of an accessory residential structure to be increased beyond 30 percent of the primary structure as defined in SVMC Section 9-44.220.B, up to 2,000 square feet when the Director finds:

a.

The accessory structure is in conformance with all subsections of SVMC Section 9-44.220- Residential Accessory Structures;

b.

The accessory structure is consistent with the City-adopted Simi Valley Residential Design Guidelines for Accessory Structures;

c.

The proposed project qualifies for an exemption under the California Environmental Quality Act; and

d.

The proper standards and conditions have been imposed which protect the public health, safety, and welfare.

C.

Application requirements. An application for an Administrative Action shall be filed in compliance with Chapter 9-50 (Application Filing and Processing). The application shall be accompanied by the information identified by the Department.

D.

Review authority. The Director may grant an Administrative Action, or may defer action and refer the application to the Commission.

E.

Project review, notice and hearing.

1.

Each Administrative Action application shall be reviewed by the Director to ensure that the application is consistent with the purpose and intent of this Section.

2.

Administrative Actions that do not substantially affect any property rights of others may be approved by the Director, without a public hearing. However, Appeals of Administrative Action decisions require a noticed public hearing.

3.

The Director shall conduct a public hearing, unless exempted by Subsection (E)(2), immediately above, on an application for an Administrative Action before the approval or disapproval of the permit.

4.

Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 9-74 (Public Hearings).

F.

Decision. Following a public hearing (if applicable), the Director may approve, conditionally approve, or disapprove an application for an Administrative Action if the Director makes the applicable findings.

G.

Conditions of approval. In approving an Administrative Action, the Director may impose additional conditions (e.g., buffers, environmental protection, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, surfacing, time limits, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Subsection B (Applicability and Findings), above.

H.

Post approval procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 7 (Development Code Administration) shall apply following the decision on an Administrative Action application.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by Exh. A, Ord. 1147, eff. August 20, 2009; § 2 (Exh. A), Ord. No. 1183, eff. March 15, 2012; § 3 (Exh. A), Ord. No. 1278, eff. December 14, 2017 and § 2(Exh. A), Ord. No. 1327, eff. November 11, 2021, and § 3(Exh.A), Ord. No. 1355, eff. April 15, 2024)

A.

Purpose. This Section provides a process for approving a Cluster Development Permit which is intended to:

1.

Provide a method for the development of residential acreage resulting in a more efficient use of land and a better living environment than is otherwise possible through strict application of the residential development standards identified in Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards);

2.

Encourage preservation of natural terrain and open space and utilization of greater and more unified open space, especially on hillsides, than is otherwise possible through strict application of the setback and parcel width standards identified in Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards);

3.

Encourage a variety of dwelling types, sizes, and site designs (e.g., zero lot line developments); and

4.

Ensure development which meets high standards of environmental quality, public health and safety, and the purpose, intent, goals, policies, programs, and land use designations of the General Plan and any applicable specific plan.

B.

Applicability.

1.

A Cluster Development Permit may be applied for in-lieu of a Planned Development Permit only for residential projects which would result in a development project that is more desirable than could normally be accomplished with the standards identified in Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) based on the purpose, intent, goals, policies, programs, and land use designations of the General Plan and any applicable specific plan.

2.

The front, side, interior, and rear setback standards and the minimum lot width standards of Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) shall not be applicable to property which has been granted a Cluster Development Permit where the property is maintained in conformance with the permit. Notwithstanding the applicability of a minimum side yard for a zero lot line or for any other single-family detached project, the sum of both side yards for any such single-family residential project shall add up to a minimum of 15 feet.

3.

The open space that is achieved by not developing to either the minimum standards for front, side, interior or rear setbacks and with the required minimum lot widths shall be made available for the enjoyment of project residents by providing the additional private or useable open space no more than 250 feet from the residential unit.

4.

For projects substituting a Cluster Development Permit for a Planned Development Permit, a Building or Grading Permit shall not be issued until the Cluster Development Permit has been approved in compliance with this Section.

C.

Application requirements. An application for a Cluster Development Permit shall be filed in compliance with Chapter 9-50 (Application Filing and Processing). The application shall be accompanied by the information identified by the Department.

D.

Review authority. The Commission shall be the applicable review authority for Cluster Development Permits.

E.

Project review, notice and hearing.

1.

Each Cluster Development Permit application shall be reviewed by the Director to ensure that the application is consistent with the purpose and intent of this Section. The Director shall submit a staff report and recommendation to the Commission for their consideration.

2.

The Commission shall conduct a public hearing on an application for a Cluster Development Permit before the approval or disapproval of the permit.

3.

Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 9-74 (Public Hearings).

F.

Findings and decision. Following a public hearing, the Commission may approve, conditionally approve, or disapprove an application for a Cluster Development Permit and shall record the decision and the findings upon which the decision is based. The Commission may approve a Cluster Development Permit only after first finding that: The Cluster Development Permit would:

1.

Be consistent with the purpose, intent, goals, policies, programs, and land use designations of the General Plan and any applicable specific plan;

2.

Be in full compliance with this Development Code and the Municipal Code;

3.

Ensure consistency with applicable City-adopted design guidelines; and

4.

Ensure that the proper standards and conditions have been imposed which protect the public health, safety, and welfare, and preserve open space.

G.

Conditions of approval. In approving a Cluster Development Permit, the Commission may impose additional conditions (e.g., buffers, environmental protection, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, surfacing, time limits, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Subsection F (Findings and decision), above.

H.

Post approval procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 7 (Development Code Administration) shall apply following the decision on a Cluster Development Permit application.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by Exh. A, Ord. 1147, eff. August 20, 2009)

A.

Purpose. The purpose of this Section is to provide a process for approving a Planned Development Permit which is intended to:

1.

Provide a method whereby land may be designed and developed as a single unit by taking advantage of modern site planning techniques thereby resulting in a more efficient use of land and a better living environment than is otherwise possible through strict application of the development standards identified in Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards); and

2.

Ensure development which meets high standards of environmental quality, public health and safety, the efficient use of the City's resources, and the purpose, intent, goals, policies, programs, and land use designations of the General Plan and any applicable specific plan.

B.

Applicability.

1.

A Planned Development Permit shall be required for:

a.

All residential development projects with two or more dwelling units; and

b.

All commercial and industrial development projects within the City identified in Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), unless a Conditional Use Permit is required in compliance with Section 9-52.070.

2.

For projects requiring a Planned Development Permit, no Building or Grading Permit, or other City approval that permits physical dirt movement (including clearing and grubbing), construction, or development shall be issued until the Planned Development Permit has been approved in compliance with this Section.

3.

A Planned Development Permit may not authorize a land use activity that is not allowed in the base zoning district.

C.

Application requirements. An application for a Planned Development Permit shall be filed in compliance with Chapter 9-50 (Application Filing and Processing). The application shall be accompanied by the information identified by the Department.

D.

Review authority. Planned Development Permits may be granted in compliance with the following and Table 5-2 (Planned Development Permit Review Authority):

1.

Director. The Director may grant Administrative Planned Development Permits, or may defer action and refer the application to the Commission; and

2.

Commission. The Commission may grant Planned Development Permits.

TABLE 5-2 - PLANNED DEVELOPMENT PERMIT REVIEW AUTHORITY

* Senior/Affordable Residential Projects to be approved by the City Council.

E.

Project review, notice and hearing.

1.

Each Planned Development Permit application shall be reviewed by the Director to ensure that the application is consistent with the purpose and intent of this Section. A staff report and recommendation will be provided to the approval body for their consideration.

2.

When Commission action is taken, the Commission shall conduct a public hearing on an application for a Planned Development Permit before the approval or disapproval of the permit.

3.

Notice of any public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 9-74 (Public Hearings).

4.

The Director's action on an Administrative Planned Development Permit shall not require a public hearing, if it is determined that the proposed project will not substantially affect any property rights of others.

F.

Findings and decision. Following a public hearing, the applicable review authority may approve, conditionally approve, or disapprove an application for a Planned Development Permit and shall record the decision and the findings upon which the decision is based. The review authority may approve a Planned Development Permit only after first finding that: The Planned Development Permit would:

1.

Be consistent with the purpose, intent, goals, policies, programs, and land use designations of the General Plan and any applicable specific plan;

2.

Be in full compliance with this Development Code and the Municipal Code;

3.

Ensure consistency with applicable design guidelines; and

4.

Ensure that the proper standards and conditions have been imposed which protect the public health, safety, and welfare.

G.

Conditions of approval. In approving a Planned Development Permit, the applicable review authority may impose conditions (e.g., buffers, environmental protection, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, public infrastructure improvements, time limits, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Subsection F (Findings and decision), above.

H.

Post approval procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 7 (Development Code Administration) shall apply following the decision on a Planned Development Permit application.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by § 2 (part), Ord. 1110, eff. April 6, 2007, and Exh. A, Ord. 1147, eff. August 20, 2009)

Editor's note— Ord. No. 1207, § 4 (Exh. A) adopted February 25, 2013, effective March 28, 2013, repealed § 9-52.060, which pertained to rehabilitation permits and derived from Ord. No. 1085, effective January 6, 2006 and Ord. No. 1147, effecitve August 20, 2009.

A.

Purpose.

1.

Conditional Use Permits are intended to allow for activities and uses which may be desirable in the applicable zoning district and compatible with adjoining land uses, but whose effect on a site and its surroundings cannot be determined before being proposed for a particular location.

2.

A Conditional Use Permit is based on a discretionary decision required before initiation of a particular use.

3.

The procedures of this Section provide for the review of the configuration, design, location, and potential impacts of the proposed use, to evaluate the compatibility of the proposed use with surrounding uses and the suitability of the use to the site.

4.

Conditional Use Permits:

a.

Are subject to site plan and design review and may be conditioned at the time of approval; and

b.

Shall be disapproved when found to be incompatible with surrounding uses, or may be properly conditioned in order to be approved.

B.

Applicability.

1.

Conditional Use Permit required. A Conditional Use Permit is required to authorize proposed land uses and activities identified by Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) as being allowable in the applicable zoning district subject to the approval of a Conditional Use Permit.

2.

Combined permits.

a.

A proposed use which requires a Planned Development Permit and a Conditional Use Permit shall be combined into a single Conditional Use Permit.

b.

If the Conditional Use Permit is discontinued or expires, the Planned Development Permit may continue unless it is contrary to a requirement for the zoning district, location of the project, or a condition of the Planned Development Permit.

c.

Any expansion or change of use shall conform to the regulations of this Section, including the requirement for a new permit.

3.

Building or Grading Permits. For projects requiring a Conditional Use Permit, no Building or Grading Permit or other City approval that permits physical dirt movement (including clearing and grubbing), construction, or development, shall be issued until the Conditional Use Permit has been approved in compliance with this Section.

C.

Application requirements. An application for a Conditional Use Permit shall be filed in compliance with Chapter 9-50 (Application Filing and Processing). The application shall be accompanied by the information identified by the Department.

D.

Review authority. Conditional Use Permits may be granted in compliance with the following:

1.

The Director may:

a.

Grant an Administrative Conditional Use Permit for any use identified in Subsection E, below; or

b.

Defer action and refer the application to the Commission.

2.

Commission. The Commission may grant a Conditional Use Permit for any use listed in Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) as requiring a Conditional Use Permit.

E.

Administrative Conditional Use Permits. Administrative Conditional Use Permits may be granted for only the following land use activities:

1.

To allow a use within a site covered by an approved Planned Development Permit, consisting of 3,001—10,000 square feet of total gross floor area.

2.

To allow the leasing and rental of cars, light duty pick-up trucks, and vans (under 10,000 pounds of gross vehicle weight), and large trucks (10,000 pounds or more of gross vehicle weight), without drivers, in the CPD (Commercial Planned Development) and CI (Commercial Industrial) zoning districts. Parking of the rental vehicles shall not utilize more than 50 percent of the surplus (e.g., those spaces exceeding the required number of spaces) off-street parking spaces within a retail shopping center.

3.

To allow the addition of a roofed or unroofed outdoor dining area as an accessory use to an existing restaurant or food retailer where the outdoor dining area is in a Mixed Use Zone and is more than 1,500 square feet in size.

4.

To allow animal keeping, not otherwise allowed in the zoning district.

5.

To allow more than two beehives per property regardless of lot size.

F.

Project review, notice, and hearing.

1.

Each Conditional Use Permit application shall be reviewed by the Director to ensure that the application is consistent with the purpose and intent of this Section. A staff report and recommendation shall be submitted to the applicable review authority for their consideration of a Conditional Use Permit.

2.

The review authority shall conduct a public hearing on an application for a Conditional Use Permit before the approval or disapproval of the permit.

3.

Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 9-74 (Public Hearings).

G.

Findings and decision. Following a public hearing, the applicable review authority may approve, conditionally approve, or disapprove an application for a Conditional Use Permit and shall record the decision and the findings upon which the decision is based. The review authority may approve a Conditional Use Permit only after first finding that:

1.

The proposed use is allowed with a Conditional Use Permit within the applicable zoning district or with an Administrative Use Permit as identified in Subsection E (Administrative Use Permits), above, and complies with all applicable provisions of this Development Code;

2.

The proposed use is consistent with the purpose, intent, goals, policies, programs, and land use designations of the General Plan and any applicable specific plan;

3.

The proposed site plan and design would ensure consistency with applicable design guidelines;

4.

The design, location, operating characteristics, and size of the proposed use would be compatible with the existing and future land uses in the vicinity, in terms of aesthetics, character, scale and view protection; and

5.

The proper standards and conditions have been imposed which protect the public safety, health, and welfare.

H.

Conditions of approval. In approving a Conditional Use Permit, the applicable review authority may impose conditions (e.g., buffers, environmental protection, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, public infrastructure improvements, time limits, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Subsection G (Findings and decision), above.

I.

Post approval procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 7 (Development Code Administration) shall apply following the decision on a Conditional Use Permit application.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by Exh. A, Ord. 1147, eff. August 20, 2009; § 2 (Exh. A), Ord. No. 1183, eff. March 15, 2012; § 2 (Exh. A), Ord. No. 1322, eff. July 8, 2021 and § 2(Exh. A), Ord. No. 1327, eff. November 11, 2021)

A.

Purpose. This Section establishes procedures:

1.

For the granting of Temporary Use Permits that allow limited-duration activities that may not meet the normal development or use standards of the applicable zoning district, but are acceptable because of their temporary nature; and

2.

Which identify the conditions under which these limited-duration agricultural, commercial, and civic activities may be conducted.

B.

Applicability. Temporary uses shall not be conducted, established, or operated in any manner without the approval and maintenance of a valid Temporary Use Permit in compliance with this Section.

C.

Exempt temporary uses. Only the following limited-duration activities are exempt from the requirement for a Temporary Use Permit:

1.

Garage sales; provided, the sales do not occur any more frequently than one three-day event in each 180-day period. Garage sales occurring more frequently shall be considered a commercial retail sales business in a residential zoning district, which is prohibited.

2.

Nonprofit fundraising activities; provided, they have the permission of the subject property owner(s).

3.

Survey taking activities; provided, they have the permission of the subject property owner(s).

4.

Holiday Decorations not listed in Subsection (I)(5)(h) below.

D.

Allowed temporary uses. The following temporary uses may be allowed, subject to the operational standards in this Subsection H (General standards), below, and the issuance of a Temporary Use Permit by the Director:

1.

Agricultural produce stands;

2.

Cargo containers;

3.

Caretaker dwellings where the duration of the use is six months or less;

4.

Construction yards and offices;

5.

Group assembly activities not subject to Municipal Code Title 5 Chapter 17 (e.g., carnivals, concerts, fairs, rodeos, shows and sports events);

6.

Limited sidewalk sales or displays (public or private), extensive promotional activities, and holiday seasonal sales (e.g., auctions, Christmas tree sales, displays of merchandise, grand opening events, promotion/advertisement of business services, sidewalk sales, temporary amusements, temporary animal clinics, and the promotional use of searchlights or other similar material);

7.

Real estate sales offices and model homes;

8.

Temporary residence during construction, (recreational vehicle or mobile home used as a temporary dwelling on a single-family parcel for the owner of the site while constructing a single-family dwelling);

9.

Communications testing equipment; and

10.

Mobile food vendors.

E.

Application requirements.

1.

A Temporary Use Permit, in lieu of a Zoning Clearance, shall be required for all temporary uses listed in this Section. Affected City departments or divisions shall comment on the application. Temporary uses may be subject to additional permits or inspections required by applicable local, State or Federal requirements.

2.

An application for a Temporary Use Permit shall be filed in compliance with Chapter 9-50 (Application Filing and Processing).

3.

The application shall be submitted at least 10 days before the beginning of the proposed use, unless otherwise provided in this Section.

F.

Review authority. The Director may grant a Temporary Use Permit, or may defer action and refer the application to the Commission.

G.

Project review, notice and hearing.

1.

Each Temporary Use Permit application shall be reviewed by the Director to ensure that the application is consistent with the purpose and intent of this Section.

2.

A public hearing shall not be required for the Director's decision on a Temporary Use Permit, unless otherwise required by this Section.

H.

General standards (regulations). Standards for floor areas, heights, landscaping, parking, setbacks, and other structure and property development standards that apply to the category of use or the zoning district of the subject site shall be used as a guide for determining the appropriate development standards for a temporary use. See Subsection I (Use-specific standards), immediately below for the use-specific standards that are applicable to specified temporary uses/activities. The following general standards shall apply, as applicable to the temporary use/activity:

1.

Burden of proof. The degree of proof to qualify for a permit is by a preponderance of the evidence and the burden of proof is upon the applicant.

2.

Set up time. The set up time authorized by the Director shall not exceed seven days.

3.

Not on required parking spaces. The activity shall not be located on required on-site parking spaces.

4.

Ensure clean-up. A bond or cash deposit, in the amount specified by ordinance or resolution, shall be deposited with the City for operations that occur on vacant or undeveloped sites, to ensure clean-up, in compliance with Section 9-52.030(H) (Performance Guarantees). Activities (e.g., cargo containers) located in a fully developed retail shopping center shall be exempt from this bonding requirement.

5.

Group assembly activities. All applicants for group assembly activities subject to SVMC Title 5, Ch. 17, shall submit a completed Special Events application before the issuance of a Temporary Use Permit.

6.

Prevention of dust. All unimproved parking areas and main walk areas shall be kept damp or shall be covered with a material to prevent the raising of dust (undeveloped land only).

7.

Offsite tracking of dirt. The activity shall not result in the tracking or runoff of dirt onto public streets, storm drain facilities, or other property. Where the activity is requested on unimproved land and vehicular access is required, that access shall be treated to the extent necessary to preclude tracking and runoff of dirt. An encroachment permit is required for any such work in the public right-of-way.

8.

Removal of materials and structures associated with the temporary activity. All sites shall be completely cleaned of cargo container(s), debris, hanging display(s), sign(s), and temporary structures within five days after the termination of the activity. Failure to do so shall result in the forfeiture of the bond or cash deposit, if any, in addition to any other remedy provided by law.

9.

Sanitary facilities. Sanitary facilities, either portable or permanent, shall be made available to all employees, attendants, and participants of the activity during its operational hours, as approved by the Director.

10.

Signs. Except as otherwise provided in this Section, signs shall be in compliance with the provisions for temporary signs. Exceptions to the temporary sign provisions shall be only as follows:

a.

Flags, pennants, streamers, and similar forms of hanging displays (but not banners) may be displayed from the roof of a structure or elsewhere on-site, but not above the roof line; provided, each flag shall not exceed 50 square feet, each streamer shall not exceed eight square feet, and no individual other form of hanging display shall exceed four square feet;

b.

All group assembly activities, whatever their duration, shall not be regulated regarding the number of on-site signs; and

c.

A separate fee or separate application fee or separate application for the hanging display(s) or sign(s) shall not be required.

11.

Specified zoning districts. All activities shall be limited to their specified zoning districts. A TUP may only be issued for activities allowed in the underlying zoning district. If the use requires a CUP, it may not be authorized with a TUP, until the CUP is issued.

12.

Use of public rights-of-way. No area of public right-of-way may be used without obtaining approval from the Director, Chief of Police, and Director of Public Works, and receiving an Encroachment Permit from the City Engineer. Construction offices/trailers shall not be permitted on any roadway, public or private, or at the immediate end of an unfinished roadway, unless public access is physically prohibited within 500 feet.

13.

Violation of regulation(s). If a permittee violates any regulation of this Section, the permittee and property subject to the permit are ineligible for a Temporary Use Permit for 12 months after the expiration of the permit.

14.

Other permits required. Temporary uses may be subject to additional licenses, inspections, or permits required by applicable local, State or Federal requirements.

I.

Use-specific standards. The following use-specific standards shall apply, as applicable to the temporary use/activity:

1.

Agricultural produce stands.

a.

Allowed locations. Any zoning district.

b.

Maximum floor area. 400 square feet.

c.

Duration. The permit shall expire no later than 12 months after issuance.

d.

Termination. The temporary stands shall be removed when not used for a period of 30 consecutive days.

e.

Clean-up deposit. As specified in Subsection (H)(4) (Ensure clean-up).

2.

Cargo containers. The temporary use of cargo containers shall be allowed only in compliance with the following, as well as those identified in Subsection 3, below.

a.

The cargo containers may:

(1)

Be allowed for holiday seasonal sales in conjunction with a Temporary Use Permit for extensive promotional activity;

(2)

Be allowed in conjunction with a valid Building Permit; provided, the containers are located on or immediately adjacent to the development site; or

(3)

Be allowed for the purpose of moving goods and/or temporary storage. One container may be allowed for a maximum period of 28 days, per calendar year. The maximum allowed size of the container shall be 8 ft. x 16 ft. (128 sq. ft.), and shall not encroach into the public right-of-way.

b.

Cargo containers are not allowed if their presence would impede traffic circulation, reduce parking spaces below the minimum number required (if applicable), are visible from any public street or right-of-way, except during allowed construction activity, or impair public health or safety.

c.

Separate application and fee not required. A separate Temporary Use Permit application and fee shall not be required for temporary cargo containers used only during allowed construction activities in conjunction with a valid Building Permit.

3.

Construction yards, offices, and additional conditions for cargo containers.

a.

Allowed locations. Any zoning district, provided that the yards, offices, and cargo container(s) are located on or immediately adjacent to the site of development.

b.

Duration. During the construction of a project with a valid Building Permit or a phase of a project, and until 60 days thereafter.

c.

Clean-up deposit. As specified in Subsection (H)(4) (Ensure clean-up).

d.

Caretaker. One adult caretaker may reside on the site during non-construction hours; provided, suitable sanitary facilities are available to the individual.

4.

Group assembly activities.

a.

Allowed locations. Any zoning district.

b.

Parking. One off-street parking space per 100 square feet of property used if not in a shopping center or no reciprocal parking is available, in compliance with Chapter 9-34 (Parking and Loading Standards).

c.

Duration. No permit shall last longer than six days.

d.

Hours of operation.

(1)

Residential zoning districts: 7:00 a.m. to 10:00 p.m., except on Fridays and Saturdays to midnight with the approval of the Chief of Police; and

(2)

All other zoning districts: as determined by the Director in compliance with codified standards.

e.

Clean-up deposit. As specified in Subsection (H)(4) (Ensure clean-up).

f.

Group assembly activities exceeding six days.

(1)

All of the above listed provisions shall apply to this Subsection except for Subsection (I)(4)(c) (Duration), above.

(2)

The application shall be submitted at least 45 days before the onset of the activity to allow for adequate review; and the application shall be signed by the owner of the property or the possessor of a valid power of attorney. Failure to comply with either requirement shall result in disapproval of the permit.

(3)

A public hearing shall be conducted in compliance with Chapter 9-74 (Public Hearings).

(4)

The permit may be issued with or without conditions at the discretion of the Director when findings are made after a site plan review that:

(a)

The activity complies with Section 5-4.01 of the Municipal Code;

(b)

The location is reasonably proportioned and of adequate size for the proposed use; and

(c)

The activity and its location are not detrimental to the health, safety, or welfare of the general public, persons working or residing in the area, or injurious to property in the area.

Failure to make all of the required findings shall result in the disapproval of the permit.

(5)

No permit shall last longer than 21 days.

5.

Limited sidewalk sales or displays, extensive promotional commercial activities, and holiday seasonal sales.

a.

Standards. The area shall not extend laterally beyond the store or building frontage or block the business or any other entrance. Display racks, rounders, tables, and similar displays shall be situated so that the merchandise will not infringe on a minimum four-foot wide aisle which shall be maintained unobstructed for pedestrians traversing the area between the merchandise and the entrance, and the street, parking lot, or driveway curb. The height of the merchandise displays shall not exceed six feet above grade, except for trees.

b.

Allowed locations. CC, CN, CO, CR, WESP-AI, WESP-CO, WESP-SR, and CPD zoning districts.

c.

Frequency.

(1)

A maximum of three limited sidewalk sales or displays for each business are allowed in any one calendar quarter; or

(2)

A maximum of one extensive promotional commercial activity and two limited sidewalk sales or displays are allowed for each business in any one calendar quarter; or

(3)

Up to four extensive promotional commercial activities (e.g., holiday seasonal sales) may occur in any one calendar quarter, provided, no more than a total of four extensive promotional commercial activities occur in one calendar year for each business.

(4)

For vacant parcels, the property owner shall be considered the business.

d.

Duration.

(1)

A limited sidewalk sale or display shall not exceed three consecutive days.

(2)

A single extensive promotional commercial activity shall not exceed 16 days.

(3)

Holiday seasonal sales or displays (e.g., Christmas trees or pumpkins) shall not commence more than 32 days before the legal holiday date or celebration date, if not a legal holiday. The sales may be limited sidewalk sales and/or a single extensive promotional commercial activity or extensive promotional commercial activities subject to the frequency limitations of this Subsection and as conditioned and/or approved by the Director.

e.

Clean-up deposit. As specified in Subsection (H)(4) (Ensure clean-up).

f.

Parking. To be determined by the Director, in compliance with Chapter 9-34 (Parking and Loading Standards).

g.

Permits and fees. A Temporary Use Permit and associated fee are required from each applicant for limited sidewalk sales or displays and/or extensive promotional commercial activities. A permit shall be valid for one quarter of the calendar year for a maximum of three events in that quarter or for up to four extensive promotional commercial activities in compliance with Subsection d (Duration), above, that are to all occur in only one quarter for the events as holiday sales.

h.

Other.

(1)

For all the limited sidewalk sales or displays or extensive promotional commercial activities, signs shall be per the provisions for temporary signs, in Chapter 9-37 (Signs). A separate fee or separate application for the sign(s) shall not be required.

(2)

Holiday seasonal sales are allowed two temporary signs, maximum size of 50 square feet each.

(3)

Cold air, hot air, inflated, pneumatic, or similar gas filled objects (hereinafter referred to in this Development Code as balloons), measuring two feet or less from the tip to the nozzle when inflated, shall not require a Temporary Use Permit when displayed in a cluster of six or less.

(a)

Balloons measuring greater than two feet in length from tip to nozzle when inflated, shall not be displayed.

(b)

However, balloons may be placed on the roof of the structure but the balloon shall be securely tethered to the roof and the balloon shall not exceed a height of 30 feet above the roofline. The lowest point of the balloon shall be in direct contact with the surface of the roof. There shall be no graphics, lettering, logos, wording, or other similar forms of communicative expression on the surface of any roof balloon.

(c)

Balloons shall not encroach into either the public right-of-way or delineated parking spaces.

(4)

Flags, pennants, streamers, and similar forms of hanging display used solely for commercial purposes, and not otherwise allowed, shall be displayed only in conjunction with a Temporary Use Permit regulating location and duration. At no time shall these forms of display encroach into the public right-of-way or designated customer parking spaces.

6.

Real estate sales offices and model homes.

a.

Accessory facility only. On-site temporary real estate sales offices, or temporary model home complexes, may be established only within the boundaries of a residential subdivision, as an accessory facility, for the limited purpose of conducting sales of parcels within the same subdivision.

b.

Off-site sales of parcels. Off-site sales or offers to sell off-site parcels or dwelling units, from any temporary office or trailer complex established in compliance with this Subsection shall not be allowed unless a Conditional Use Permit is first approved, in compliance with Section 9-52.070.

c.

Allowed zoning locations. Residential zoning districts for real estate offices and model homes.

d.

Off-site sales defined. Off-site parcels shall mean those parcels located outside the boundaries of a residential subdivision which subdivision contains an approved real estate sales office or model home complex, and which parcels are not located adjacent to or contiguous with that subdivision.

e.

Requirements. A temporary real estate sales office or model home complex established or maintained in compliance with this Subsection shall meet all of the following requirements:

(1)

An agreement and a cash deposit or surety bond in a form approved by the City Attorney in an amount sufficient to guarantee to the City the removal of the sales office or model home complex, or the restoration of the premises in conformity with the approved development plan and with the applicable provisions of this Development Code within 60 days after the last residence or parcel within the subdivision has been sold and escrow closed shall be required.

(2)

Off-street parking shall be provided at the same ratio as required for offices in compliance with Chapter 9-34 (Parking and Loading Standards). In addition, one parking space for each sales person (employee) shall be provided.

(3)

Screening by fencing, landscaping, walls, or other methods shall be provided, subject to the approval of the Director.

f.

Conditions. A temporary real estate sales office or temporary model home complex may be constructed in advance of the filing of a Final Tract Map, subject to the following requirements:

(1)

The street plans for the entire tract shall be filed with and approved by the Director of Public Works.

(2)

Before the operation of the office or complex, all applicable State requirements (e.g., subdivision and real estate sales laws) shall be fulfilled.

(3)

Sales offices/trailers shall not be permitted on any roadway, public or private, or at the immediate end of an unfinished roadway unless public vehicular access is physically prohibited within 500 feet.

g.

Duration. The temporary real estate sales office and temporary model home complex as well as flags, pennants, streamers, and similar forms of hanging displays allowed under this Section may be maintained until all of the on-site parcels in the subdivision have been sold and the escrow closed.

7.

Temporary residence during construction. A recreational vehicle or mobile home may be used as a temporary dwelling on a single-family parcel for the owner of the site while constructing a single-family dwelling.

a.

Allowed location. On an owner's single-family parcel with the approval of a valid Building Permit and provision of electrical, sanitary and water connections.

b.

Duration. During the construction of the owner's single-family dwelling with a valid Building Permit, and until 30 days thereafter; provided, no temporary dwelling may be allowed during construction of a residence for longer than two consecutive years; and further provided, no additional temporary dwelling may be allowed on the premises until at least 12 months after expiration of the previous permit.

c.

Clean-up deposit. As specified in Subsection (H)(4) (Ensure clean-up).

8.

Communications testing equipment.

a.

Allowed locations. LI, GI, and CI zoning districts.

b.

Duration. No permit shall last longer than 12 months.

c.

Height of communications equipment. Maximum 25 feet.

d.

Parking and driveways. A minimum of two parking spaces plus additional parking for the building structure (based on one space for every 250 square feet). The parking and driveway areas shall be an all-weather surface as defined by the Ventura County Fire Protection District.

e.

Setbacks of structures. All structures including communication equipment shall be setback a minimum of 20 feet from all property lines.

f.

Accessory building structure. One building is permitted with a maximum height of 15 feet and maximum floor area of 400 square feet.

g.

Clean-up deposit. As specified by Subsection (H)(4) (Ensure clean-up).

9.

Mobile food vendors.

a.

Standards. The maximum vending/display area per mobile food vendor must not exceed 800 square feet of parking, provided that the required number of parking spaces already exists on the subject property to meet this requirement. The vending/display area, including the vehicle and accessory items, must not encroach on any handicapped access path of travel, or be located within required zoning setbacks, loading zones, drive-through lanes, driveways, fuel pump queuing areas, or landscaped planters. Outdoor tables, chairs, and shade umbrellas may be allowed within the approved display area. The vehicle and the accessory items must be reviewed and approved by the City to be aesthetically compatible with the surroundings. There shall be at least 4 feet of clearance to the sky around vendor vehicle(s) for pedestrian access, and mobile food vendors may not impede vehicular or pedestrian circulation on the proposed site. A dimensioned site plan showing the proposed display area and surrounding site layout within 300 feet of the display area must be submitted with the TUP application.

b.

Allowed locations. CPD, CN, CO, CR, AI, LI, GI, CI, BP, SR, and RCC zoning districts. The location must have an approved Planned Development Permit or Conditional Use Permit for the primary structure(s) on the site, and Type 4 Mobile Food Facilities must be setback at least 300 feet away from any restaurant, or coffee shop. One mobile food vendor may be allowed for developments up to 150,000 square feet of gross floor area on private non-residential property. One additional mobile food vendor may be allowed for developments that exceed 150,000 square feet of gross floor area.

c.

Duration. No permit shall last longer than twelve (12) months. One permit shall be required per location.

d.

Parking. To be determined by the Director, in compliance with Chapter 9-34 (Parking and Loading Standards).

e.

Permits and fees. A Temporary Use Permit and associated fee are required from each applicant for mobile food vendors.

f.

Permit review. All mobile food vendor TUPs shall be subject to review by the Director as the result of any complaint by any person affected by the operation of the TUP, or for any violations of the TUP approval or conditions of approval, changes to the provisions of the General Plan, Development Code regulations, or development guidelines applicable to the property since the approval of the TUP. If the Director determines that sufficient evidence exists to substantiate a complaint, that changes to the property have occurred to render the TUP not in conformance with the Municipal Code, or that TUP provisions or conditions have been violated, then the TUP may be revoked and the permittee may be ineligible for additional mobile food vendor TUPs.

g.

Other.

(1)

Property owner consent. Written property owner's (or agents thereof) consent for the applicant to operate the use, including duration, is required. Approval shall be notarized.

(2)

County health permits. A Ventura County Health permit is required for the mobile food vending vehicle. This permit is allowed for the utilization of a vehicle classified by the County of Ventura as a Mobile Food Facility Type 1, Type 2, or Type 3 and Type 4.

(3)

Business Tax Certificate. A City Business Tax Certificate is required to be submitted with the TUP application.

(4)

Removal of food vending vehicles and equipment and hours of operation. Food vending vehicles (including pushcarts, trailers, and motorized vehicles), tables, chairs, umbrellas, and accessory equipment must be removed from the Planned Development or Conditional Use Permit premises during non operation hours of the Mobile Food Facility. The Mobile Food Facility may only operate between the hours of 7:00 a.m. and 11:00 p.m. Friday to Sunday, and only between the hours of 7:00 a.m. and 10:00 p.m. Monday to Thursday, pursuant to SVMC Chapter 5-16.

(5)

Signage. One sign not to exceed 12 square feet may be affixed to the vehicle. Free-standing signage shall not be allowed.

(6)

Amplified music. No amplified music may be allowed as part of the TUP.

(7)

Lighting. When operating in hours of darkness, the mobile food facility shall be situated in an area that is in compliance with SVMC Section 9-30.040 - Exterior Light and Glare. The mobile food facility shall not create additional glare beyond these standards.

(8)

Vehicle Registration. A valid vehicle DMV registration shall be provided as part of the application.

(9)

Trash. Site plan shall also show vendor(s) within 30 feet of a trash container. If center does not provide trash containers, Food Truck operator shall be responsible for providing trash containers, and obtain approval from property owner to do so.

J.

Post approval procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 7 (Development Code Administration) shall apply following the decision on a Temporary Use Permit application.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by § 2, Exh. A, Ord. 1118, eff. September 13, 2007; Exh. A, Ord. 1147, eff. August 20, 2009; § 2(Exh. A), Ord. No. 1341, eff. July 14, 2022 and § 2(Exh. A), Ord. No. 1350, effective July 17, 2023)

A.

Purpose. The provisions of this Section allow for Variances from the development standards of this Development Code.

1.

The sole purpose of any Variance shall be to enable property owners to make reasonable use of their property in the manner in which other property of like character in the same vicinity and zoning district can be used.

2.

A Variance may only be granted if the applicable review authority can make the findings identified in Subsection E (Findings and decision), below.

3.

The power to grant Variances does not extend to allowable land uses. In no case shall a Variance be granted to authorize a use or activity which is not otherwise expressly allowed in the zoning district in which the subject property is located.

B.

Applicability.

1.

Standard Variances. The Commission may grant standard Variances in compliance with Subsection E (Findings and decision), below.

2.

Administrative Variances.

a.

The Director may grant Administrative Variances, or may defer action and refer the application to the Commission, in compliance with Subsection E (Findings and decision), below, and State law (Government Code Section 65901).

b.

An Administrative Variance may govern only the development standards identified in Table 5-4, below.

TABLE 5-4 - ALLOWABLE ADMINISTRATIVE VARIANCES

3.

Standard Variances.

a.

The Commission may grant a standard Variance to allow a deviation from the requirements of this Development Code.

b.

Any request which exceeds the limitations identified in Subsection (B)(2) and Table 5-4, above shall require the filing of a standard Variance application in compliance with this Section.

C.

Application requirements. An application for a Variance (both standard and administrative) shall be filed in compliance with Chapter 9-50 (Application Filing and Processing). The application shall be accompanied by the information identified by the Department.

D.

Project review, notice and hearing.

1.

The Director's action on an Administrative Variance shall not require a public hearing.

2.

A public hearing shall be scheduled once the Director has determined the application complete.

3.

The Commission shall conduct a public hearing on an application for a standard Variance before the approval or disapproval of the application.

4.

Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 9-74 (Public Hearings).

E.

Findings and decision. Following a public hearing, the applicable review authority may approve, conditionally approve, or disapprove an application for a Variance and shall record the decision and the findings upon which the decision is based. The review authority may approve a Variance (both standard and administrative) only after first finding that:

1.

General Variance findings.

a.

There are special circumstances or exceptional characteristics applicable to the subject property (e.g., location, shape, size, surroundings, topography, or other conditions), which do not apply generally to comparable properties in the same vicinity and zoning district.

b.

Strict application of the zoning regulations as they apply to the subject property would result in practical difficulties or unnecessary hardships inconsistent with the general purpose of the regulations; provided, the hardships shall not be self-imposed by the applicant or successors-in-interest.

c.

Granting the requested Variance:

(1)

Would not confer a special privilege inconsistent with the limitations upon other properties in the same vicinity and zoning district; and

(2)

Does not, under the circumstances and conditions applied in the particular case, adversely affect the health or safety of persons, is not materially detrimental to the public welfare, nor injurious to nearby property or improvements.

2.

Findings for parking Variances. For a nonresidential development project proposing to locate a portion of the required parking at an off-site location, or provide in-lieu fees or facilities instead of the required on-site parking spaces, the following findings of fact shall be made in a positive manner, in compliance with State law (Government Code Section 65906.5):

a.

The Variance would be an incentive to, and a benefit for, the subject nonresidential development; and

b.

The Variance would facilitate access to the respective nonresidential development by patrons of public transit facilities.

F.

Conditions of approval. In approving a Variance (both standard and administrative), the applicable review authority may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Subsection E (Findings and decision), above.

G.

Post approval procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 7 (Development Code Administration) shall apply following the decision on a Variance application.

(§ 5, Ord. 1085, eff. January 6, 2006 as amended by § 2 (Exh. A), Ord. No. 1183, eff. March 15, 2012)

Development or a new land use authorized through a permit granted in compliance with this Development Code shall be established only as approved by the applicable review authority and subject to any conditions of permit approval, except where changes to the project are approved in compliance with this Section.

A.

Request for modification. An applicant shall request desired changes in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request. Changes may be requested either before or after construction or establishment and operation of the approved use. The following categories of changes are available to the applicant:

1.

Administrative Actions are identified in Section 9-52.030; or

2.

Modifications are identified in Subsection B (Modifications), below.

B.

Modifications. Changes to the project that do not comply with Section 9-52.030 (Administrative Actions), shall only be approved by the Director through a modification application, in compliance with Subsections 1 through 7 below.

1.

Modification procedure. The modification procedure is intended to provide a method whereby major or substantial changes may be made to an existing, approved project (e.g., Conditional Use Permit, Cluster Development Permit, Planned Development Permit, etc.) except Variances, in compliance with Section 9-52.090. This procedure may allow an applicant to process changes that affect only a portion of a previously approved project.

2.

Applicability.

a.

A modification is generally applicable when additional public input is necessary due to a request for major or substantial changes (e.g., architecture or improvements, in building bulk or area, landscaping plan changes affecting more than 25% of site landscaping or removal of more than ten (10) trees, per calendar year, whichever is greater, parking requirements, or site design).

b.

A modification shall not be applied for in place of a Variance.

c.

All applications may re-open review of the entire project (e.g., property within the control of the applicant) and its conditions at the sole discretion of the applicable review authority.

3.

Application.

a.

Application for a modification shall be made on the same form and in the same manner as prescribed for the original project, together with the filing fee required by the City's Schedule of Service Charges.

b.

The request shall include submittal of the original approved plans with the proposed modifications clearly denoted.

c.

All applications shall be signed by the owner of the property or a person with the appropriate Power of Attorney or written consent of the property owner.

4.

Review authority. The Director may grant a modification, or may defer action and refer the application to the Commission.

5.

Application review, notice and hearing.

a.

Each modification application shall be reviewed by the Director to ensure that the application is consistent with the purpose and intent of this Section.

b.

The Director shall conduct a public hearing on the application for a modification before the approval or disapproval of the request.

c.

Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 9-74 (Public Hearings).

6.

Required findings.

a.

The Director may grant the requested modification only after first finding that the request still complies with the findings required for the original permit approval (e.g., Conditional Use Permits [Section 9-52.070], Cluster Development Permits [Section 9-52.040], Planned Development Permits [Section 9-52.050], etc.)

b.

For Cluster Development Permits and Planned Development Permits in a queue of the Allocation System, the Director shall make the additional finding that the proposed modification improves the overall project.

c.

Ensure consistency with applicable City-adopted design guidelines.

d.

Ensure that the proper standards and conditions have been imposed which protect the public health, safety, and welfare.

7.

Expiration date. Any modification granted in compliance with this Section shall not affect the expiration date of the original approved permit.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by Exh. A, Ord. 1147, eff. August 20, 2009; § 2 (Exh. A), Ord. No. 1183, eff. March 15, 2012 and § 3 (Exh. A), Ord. No. 1278, eff. December 14, 2017)

A.

Purpose. This Section allows for reasonable accommodations, which authorize the Director to approve requests for persons with disabilities seeking equal access to housing under the Acts that result in no fiscal or environmental impacts to the City if implemented in compliance with the provisions, requirements, and standards of this Development Code.

B.

Applicability. A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of a zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities.

A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the citing, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

C.

Application Requirements. An application for a request for reasonable accommodation shall be filed in compliance with Chapter 9-50 (Application Filing and Processing). The application shall be accompanied by the information identified by the Department.

D.

Review Authority. The Director may grant a reasonable accommodation, or may defer action and refer the application to the Commission.

E.

Findings and Decision. The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following factors:

1.

The request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.

2.

Be in full compliance with this Development Code and the Municipal Code.

3.

Be consistent with the purpose, intent, goals, policies, programs, and land use designations of the General Plan and any applicable specific plan.

F.

Condition of Approval. In approving a reasonable accommodation, the Director may impose additional conditions (e.g., buffers, environmental protection, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, surfacing, time limits, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Subsection E (Findings and Decision), above.

G.

Post Approval Procedures. The procedures relating to appeals, changes, expiration performance guarantees, and revocation that are identified in Article 7 (Development Code Administration) shall apply following the decision on a reasonable accommodation application.

(§ 2 (part), Ord. 1139, eff. February 9, 2009)