Concurrent filing. An applicant for a development project that requires the filing of more than one application (e.g., Zoning Map amendment and a Conditional Use Permit, etc.), shall file all related applications concurrently, together with all application fees required by Section 20.500.050 (Application Fees), below, unless the Director waives concurrent filing requirements.

Concurrent processing. Multiple applications for the same project shall be processed concurrently, and shall be reviewed, and approved or denied by the highest review authority designated by this Zoning Code for any of the applications (i.e., a project for which applications for Zoning Map Amendment and a Conditional Use Permit are filed shall have both applications decided by the Council, instead of the Commission acting upon the Conditional Use Permit as otherwise required by Table 5-2).

Pre-application conference.

Application contents. Each application for a permit, amendment, or other matter pertaining to this Zoning Code shall be filed with the Department on a City application form, together with all required fees and/or deposits and all other information and materials specified in the Department handout for the specific type of application and/or as specified by the Director.

Eligibility for filing.

Without scope.

Additional evidence. The City may require additional evidence and clarification from the applicant to establish that the proposed use will conform to the applicable regulations and standards specified in this Zoning Code.

Fee schedule.

Timing of payment.

Refunds and withdrawals.

Review for completeness. The Director shall review each application for completeness and accuracy before it is accepted as being complete and officially filed. The Director's determination of completeness shall be based on the City's list of required application contents and any additional information determined by the Director to be necessary to determine project conformance to all applicable policies (see Section 20.500.040 [Application Preparation and Filing], above).

Referral of application. At the discretion of the Director, or where otherwise required by this Zoning Code or State or Federal law, an application may be referred to any public agency that may be affected by or have an interest in the proposed project.

Development Review Committee. The Development Review Committee may review applications in compliance with Chapter 20.600 (Administrative Responsibility).

CEQA review. After acceptance of a complete application, the project shall be reviewed in compliance with the California Environmental Quality Act (CEQA) and the City's CEQA guidelines in order to determine whether:

Compliance with CEQA. These determinations and, where required, the preparation of appropriate environmental documents, shall be in compliance with CEQA and the City's CEQA guidelines.

Compliance with NEPA. Where applicable, projects shall also comply with the requirements of the National Environmental Policy Act.

Special studies required. At the applicant's expense, special study(ies) may be required by the City; and consultant selection may be done at City's sole discretion.

Control of stormwater and urban runoff required. New development and modifications to existing development shall be designed to control pollutants in stormwater and urban runoff in order to prevent any deterioration of water quality that would impair subsequent or competing uses of the receiving waters.

Water Quality Management Plan (WQMP) required.

Continuing compliance required. New development and modifications to existing development shall implement and adhere to the terms, conditions, and requirements of the approved WQMP.

Promote home ownership opportunities to economic segments normally unable to afford comparable owner-occupied housing on the market, thus encouraging more participation in the various economic and social benefits associated with home ownership;

Guide and regulate the conversion of existing residential units to condominiums, planned unit developments, or community apartments in a manner that:

This Chapter establishes requirements for applications for the conversion of an existing structure to a condominium, consistent with the requirements of the Subdivision Map Act (Government Code Section 66411 et seq.).

Development standards for condominium conversions are in Section 20.400.100 (Condominium Conversions).

Approval requirements. A conversion shall require the approval of all of the following, which shall be processed concurrently:

Application requirements. An application for a condominium conversion shall be filed with the Director on the forms provided by the Department, and shall include all additional information and materials required by the Department. The application shall be accompanied by the fee established by the City's Fee Resolution to cover the cost of processing the application and accompanying documents.

Director's review of application.

Notice, hearing, and decision. Following review by the Director, a public hearing shall be conducted by the applicable review authority in compliance with Chapter 20.625 (Public Hearings).

Certificate of Occupancy. In addition to the required Conditional Use Permit, every condominium conversion project shall require the issuance of a Certificate of Occupancy by the Building Department. No certificate shall be issued until the Conditional Use Permit is issued and there has been compliance with all Zoning Code requirements.

Post-decision procedures.

Tenant and buyer protection. The following shall pertain to all tenants of any proposed condominiums:

Provide procedures. The purpose of this Chapter is to provide procedures for the processing of Development Agreements in compliance with the Government Code Sections 65864 through 65869.5. A development agreement is a contract between the City and a person with a legal or equitable interest in land subject to development, in compliance with Government Code Article 2.5 (Development Agreements). A development agreement is intended to provide assurance to the applicant that an approved project may generally proceed subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to City policies, rules, and regulations after project approval. In return, the City is provided assurance that the project would further Citywide goals and policies that have been officially recognized by the Council, and provide the City with significant, tangible benefits beyond those that may be required by the City through project conditions of approval.

Compliance required. All Development Agreements shall be processed in compliance with this Chapter.

Filing by owner. An application for a Development Agreement may only be filed by a person having a legal or equitable interest in the subject real property. The Director shall require an applicant to submit a title report or other evidence satisfactory to the Director to verify the applicant's interest in the real property.

Director's review and recommendations. The Director is empowered to receive, review, process, and prepare, together with recommendations for Commission and Council consideration, all applications for development agreements. The Director may call upon all other City departments for timely assistance in complying with this Chapter.

Annexation. If the real property is located in unincorporated territory within the City's sphere of influence, the Development Agreement shall not become operative unless annexation proceedings annexing the property to the City are completed within the period of time specified by the Development Agreement. If the annexation is not completed within the time specified, the Development Agreement is void.

Application fees. The applicant shall pay fees for the filing and processing of a Development Agreement application as established by the Planning Fee Schedule.

Required provisions.

Optional provisions. A Development Agreement may include the following:

Provisions not allowed. A Development Agreement shall not include the following:

Completeness.

Initial review by Council.

Initial review not required. Initial review under this Section is not required for:

Director's responsibilities.

Commission hearing and determination.

Council determination.

Findings. The Commission may recommend approval and the Council may approve the Development Agreement only after first making all of the following findings:

Recordation. Within 10 days after the City enters into a Development Agreement, the City Clerk shall record a copy, at the applicant's expense, of the Development Agreement with the County Recorder.

Authority to propose amendment or cancellation. Either party to the agreement may propose an amendment to or cancellation of the development agreement.

Same procedures. A Development Agreement may be amended or cancelled using the same procedure for entering into the agreement in compliance with this Chapter. Initial review in compliance with Section 20.510.040 (Initial Review) is not required.

City initiated amendment or cancellation. Where the City initiates the amendment or cancellation of the development agreement, it shall first give notice to the property owner of its intention to initiate the proceedings at least 15 days before giving public notice to consider the amendment or cancellation, in compliance with Chapter 20.625 (Public Hearings).

Timing of review.

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

Notice of periodic review.

Review by Commission. Review shall be conducted by the Commission.

Findings upon hearing. The Commission shall determine, upon the basis of substantial evidence, whether or not the applicant/contracting party or its successor(s)-in-interest has, for the period under review, complied in good faith with the terms and conditions of the development agreement.

Procedure upon findings.

Modification or termination of development agreement.

Rules in force at the time of execution. Unless otherwise provided by the development agreement, the policies, regulations, and rules governing allowed uses of the land, density, design, improvement, and construction standards and specifications, applicable to development of the property subject to a development agreement, are the policies, regulations, and rules in force at the time of execution of the agreement.

Application of new rules. In compliance with Government Code Section 65866, a development agreement shall not prevent the City, in subsequent actions applicable to the property, from applying new policies, regulations, and rules that do not conflict with those policies, regulations, and rules applicable to the property, nor shall a development agreement prevent the City from conditionally approving or disapproving any subsequent development project application on the basis of existing or new policies, regulations, and rules.

Incidental and secondary. The Home Occupation Permit is intended to allow for home occupations that are conducted within a dwelling located in a residential zone and are clearly incidental and secondary to the use of the dwelling for residential purposes and compatible with surrounding residential uses.

Where allowed by Article 2. A home occupation may only be conducted when allowed by Article 2 (Zone-Specific Standards).

Standards and conditions. Home occupations shall comply with the applicable locational, developmental, and operational standards specified in Section 20.515.010 (Permitted and Prohibited Home Occupations) as well as any conditions or terms imposed on the Home Occupation Permit.

Home Occupation Permit required. No person shall conduct a home occupation without first obtaining a Home Occupation Permit in compliance with this Chapter.

Exemption.

Application.

Public notice not required. A public notice and hearing shall not be required for the Director's decision on a Home Occupation Permit application.

Permitted home occupations. The following businesses are permitted upon issuance of a Home Occupation Permit:

Home occupations which may be permitted with Home Occupation Use Permits. The following classes or uses may be permitted by a Home Occupation Use Permit:

Prohibited home occupations. Prohibited home occupations include the following:

Director's actions. The Director may approve a Home Occupation Permit application that would be operated in compliance with Section 20.515.070 (Locational, Developmental, and Operational Standards) below, deny the application, or defer action and refer the application to the Commission for review and final decision.

Business License Tax required. In conjunction with the Home Occupation Permit, the applicant shall obtain a Business License in compliance with Municipal Code Chapter 5.04 (Licenses).

Activities.

Employees. No employment of help other than residents of the dwelling unit.

Floor area. Not more than 10 percent of the primary structure or 100 square feet, whichever is less, shall be used for the home occupation.

Traffic.

Signs. The home occupation shall not involve use of advertising signs on the premises or any other external on-site advertising media which call attention to the fact that the house is being used for a business purpose.

Utilities. There shall be no alteration of utilities or installment of special equipment for the purpose of accommodating the proposed home occupation;

Vehicle. A maximum of one three-fourths ton vehicle may be kept in conjunction with an approved home occupation use permit;

Neighborhood compatibility. In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds, noises or vibrations.

Written decision. The Director (or the Commission on a referral) shall review all applications and shall record the decision in writing with the findings on which the decision is based.

Findings. The Director (or the Commission on a referral) may approve a Home Occupation Permit application, with or without conditions, only after first making all of the following findings:

Not transferable. The Home Occupation Permit is not transferable to another resident.

New permits required. A new Home Occupation Permit, for the same or different home occupation conducted by a new resident, shall be obtained before conducting an allowed home occupation.

Ensure efficient use of land and better living environment. 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, a better living environment, and a superb site plan, and excellence of design than is otherwise possible through strict application of the development standards identified in Article 2 (Zone-Specific Standards);

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

Provide for enhanced amenities. Incorporate a program of enhanced amenities (e.g., enhanced landscaping, LEED or other "green" related standards, additional and enhanced open space, additional public art, improvements to an existing public facility [e.g., park or trail, etc.]) than typically required by this Zoning Code.

Allowed development projects. A Planned Development Permit may only be requested for a residential, industrial, office, retail, mixed-use, or business campus-type development project.

Minimum site area. A Planned Development Permit may be requested for a site(s) with a minimum of two acres, unless otherwise determined by the Planning Commission.

Planned Development Permit precedes Building or Grading Permits. For projects proposing a Planned Development Permit, a Building or Grading Permit shall not be issued until the Planned Development Permit has been approved in compliance with this Chapter.

Activities only allowed in base zone. A Planned Development Permit may not authorize a land use activity that is not allowed in the base zone.

Modify standards.

Application consistent with the purpose of Chapter.

Notice and hearings.

Commission's authority. The Commission 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.

Required findings. The Commission may approve a Planned Development Permit application, with or without conditions, only if it first makes all of the following findings:

Commission action on requested changes. Requested changes in the Planned Development Permit, other than those allowed by this Section, shall be submitted to the Commission for review and approval.

Added stipulations deemed reasonable and necessary. The Commission may, as a condition of approval, impose added stipulations or changes to the Planned Development Permit as it deems reasonable and necessary to carry out the purpose and intent of this Chapter.

Minor changes by Director. Minor changes in the Planned Development Permit that do not involve an increase in the number of dwelling units or an intensity of use may be approved by the Director in compliance with Section 20.565.100 (Changes to an Approved Project).

Landscaping. Landscaping shall be provided in compliance with Chapter 20.315 (Landscaping Standards), unless modified in compliance with this Chapter.

Off-street parking. Off-street parking provisions shall be provided in compliance with Chapter 20.320 (Off-Street Parking and Loading Standards), unless modified in compliance with this Chapter.

Signs. Signs shall be provided in compliance with Chapter 20.325 (Signs), unless modified in compliance with this Chapter.

Permit application shall include development schedule. An application for a Planned Development Permit shall be accompanied by a development schedule clearly identifying, to the best of the applicant's knowledge, the approximate date when the construction of the project can be expected to begin, the anticipated rate of development, and the completion date.

Development schedule for phased developments. The development schedule, if it shows the total project is to be developed in phases, shall indicate the open space and amenities proposed for each individual phase. The developer shall construct all amenities shown and landscape all open spaces within each phase as it is completed, and before occupancy of any structure located within each particular phase of the development.

Director to review overall progress. From time to time, the Director shall compare the actual development accomplished in the planned development with the approved development schedule.

Director may extend development schedule. Upon a written request by the developer/property owner, for good cause shown, the Director may extend the time limits of the development schedule; provided, any request for an extension of time limits shall be on file in the office of the Director no later than 30 days before the date of expiration.

Suspension during processing of extension request. The filing of the time extension request shall suspend the actual expiration of the Planned Development Permit until the extension request is approved by the Director, except that no Building Permit shall be issued related to the Planned Development Permit during the period of suspension.

Eligible applicants.

Eligible request.

Other regulations. A reasonable accommodation shall not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.

Application filing. An application for a Reasonable Accommodation shall be filed and processed in compliance with Chapter 20.500 (Application Processing Procedures).

Required data. The application shall include the information and materials specified in the Department handout for Reasonable Accommodation applications, together with the required fee in compliance with the Planning Fee Schedule.

Filing with other land use applications. If the project involves both a request for Reasonable Accommodation and some other discretionary approval (e.g., Conditional Use Permit, Site Plan and Design Review, etc.), the applicant shall file the information required by Subsection A (Application filing), above, together with the materials required for the other discretionary approval. If the request requires a discretionary approval, then the request shall be considered by the appropriate review authority identified in Table 5-2 (Review Authority).

Responsibility of the applicant. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 20.525.060 (Findings and Decision), below.

Director. A request for Reasonable Accommodation shall be reviewed, and a decision shall be made, by the Director if no approval is sought other than the request for Reasonable Accommodation.

Other review authority. A request for Reasonable Accommodation submitted for concurrent review with another discretionary land use application (e.g., Conditional Use Permit) shall be reviewed (and approved or denied) by the authority reviewing the discretionary land use application.

Director's review. The Director shall make a written decision within 45 days following the submittal of a complete application and either approve, approve with modifications, or deny a request for Reasonable Accommodation in compliance with Section 20.525.060 (Findings and Decision), below.

Other review authority.

Stays. If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for a reasonable accommodation is made, the 45-day period to issue a decision is stayed until the applicant responds to the request.

Findings. The written decision to approve or deny a request for Reasonable Accommodation that will be consistent with the Acts shall be based on consideration of all of the following factors:

Conditions of approval. In approving a request for Reasonable Accommodation, the review authority may impose conditions of approval deemed reasonable and necessary to ensure that the Reasonable Accommodation will comply with the findings required by Subsection A (Findings), above.

Rescission.

Discontinuance.

Purpose. The purpose of this Chapter is to provide a process for the appropriate review of construction and development projects.

Intent. The intent of this Chapter is to ensure that all approved site and structural development:

When required. Site Plan and Design Review shall be required for all of the following construction or development activities:

Exemptions. The following are exempt from the requirement for a Site Plan and Design Review:

Referral to Director. The Building Official shall refer to the Director all applications for Building or Grading Permits subject to the requirements of this Chapter.

Compliance required. Building or Grading Permits or Certificates of Occupancy shall not be issued until the requirements of this Chapter have been met. Failure to comply with or violations of the provisions of an approved Site Plan and Design Review shall be prohibited.

Applicable review authority.

Director. The Director shall approve, conditionally approve, or deny a Site Plan and Design Review application for all construction or development activities that do require another discretionary approval (e.g., Minor Variance, Zoning Use Permit, etc.) subject to the Director's authority, or may refer the application to the Commission.

Commission.

Council. In cases where Site Plan and Design Review is considered concurrently with another entitlement subject to Council approval (e.g., legislative action [e.g., Tentative Tract Map]), the Site Plan and Design Review shall be reviewed and approved, conditionally approved, or denied by the Council.

Application filing.

Review with other land use applications. If the project for which the request for Site Plan and Design Review is being made also requires some other discretionary approval (e.g., Conditional Use Permit, etc.), the applicant shall file the information required by Subsection A. (Application filing), above, together for concurrent review with the application for discretionary approval.

Application review. Each application for a Site Plan and Design Review shall be reviewed to ensure that the application is consistent with the purpose of this Chapter; applicable development standards and regulations of this Zoning Code; and the City's Design Standards and Guidelines, if any.

On-site inspection. An application for a Site Plan and Design Review may require that the Director perform an on-site inspection of the subject parcel before confirming that the request complies with all of the applicable criteria and provisions specified in this Chapter.

Public hearing and appeal.

Determination of compliance. The review authority shall determine whether or not the application meets the requirements of this Chapter in compliance with Section 20.500.060 (Initial Application Review).

Other review authority.

Required findings. The review authority may approve a Site Plan and Design Review application, only after first making all of the following findings. The proposed development is:

Necessary conditions. In approving a Site Plan and Design Review application, the review authority may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 20.530.050 (Findings and Decision), above.

Similarity of style may be required. When a neighborhood or zone has adopted/ assumed a distinct character or style, and it is found that it is desirable to continue the character or style in the architectural features of the proposed structure, the similarity may be required.

Signed acknowledgement. The applicant shall execute an Acknowledgement and Acceptance of Conditions in compliance with Section 20.565.040 (Acknowledgement and Acceptance of Conditions).

Permits for grading, structures, and uses. Upon approval or conditional approval of a Site Plan and Design Review, or a revised Site Plan and Design Review, permits may be issued for grading, structures, and uses.

Compliance with Site Plan and Design Review. Grading shall not be commenced and no structure shall be altered, enlarged, erected, moved, or rebuilt subject to the provisions of this Chapter, except in full compliance with the approved Site Plan and Design Review and the conditions imposed on the review.

Determination by Director. Compliance shall be determined by the Director, or in the case of disagreement with the applicant, by the applicable review authority.

Determination by Building Inspector. Before a Building Permit may be issued for any structure in a development requiring Site Plan and Design Review, the Building Inspector shall make a determination that the proposed structure(s) is in compliance with the approved Site Plan and Design Review.

General Plan implementation. The City may prepare, or accept an application for, a Specific Plan in order to systematically implement the General Plan.

Adopted by ordinance. A Specific Plan adopted by ordinance shall replace the base zone(s) for the subject property, and the development standards and guidelines identified in the Specific Plan shall take precedence over the general standards and guidelines contained in this Zoning Code.

Adopted by resolution. A Specific Plan adopted by resolution shall be applied as guidelines and the applicable standards contained in this Zoning Code shall take precedence over the development standards and guidelines identified in the Specific Plan.

Specific Plan required. When required by the General Plan, this Zoning Code, initiated by the City, or filed by property owner(s) to systematically implement the General Plan, a Specific Plan shall be prepared, processed, approved and implemented, or denied in compliance with this Chapter.

Flexibility and innovation. A Specific Plan is designed to provide for flexibility, innovative use of land resources and development, a variety of housing and other development types, and an effective and safe method of pedestrian and vehicular circulation.

Commission and Council review. An application for a Specific Plan shall be considered by the Commission and Council.

Initiated. May be initiated by the Council;

Proposed. May be proposed by the Director; or

Filed. An application may be filed by the owner(s) of one or more parcels that would be the subject of the Specific Plan. If filed by a property owner(s), the following shall first occur.

Application.

Project review procedures. Following receipt of a completed application, the Director shall investigate the facts necessary for action consistent with the purpose of this Chapter. This will include review of the submittal by the Development Review Committee.

Notice and hearings.

Director's evaluation.

Environmental review required. The draft Specific Plan shall be subject to environmental review as identified in Section 20.500.070 (Environmental Assessment).

Staff report. A written staff report shall be prepared for the draft Specific Plan that shall include a detailed recommendation for approval or denial.

Mandatory finding for adoption. A Specific Plan may only be adopted if first found consistent with the General Plan in compliance with Government Code Section 65454.

Method of adoption. The Specific Plan shall be adopted by ordinance or by resolution of the Council, in compliance with Government Code Section 65453.

Process for amendment. A Specific Plan may be amended through the same procedure specified by this Chapter for the adoption of a Specific Plan. A public hearing is not required for the Commission's recommendation and the Council's action on an amendment to an adopted Specific Plan.

Mandatory finding for amendment. A Specific Plan may only be amended if first found consistent with the General Plan in compliance with Government Code Section 65454.

Frequency of amendments. The Specific Plan may be amended as often as deemed necessary by the Council, in compliance with Government Code Section 65453.

Minor Short-Term Activities.

Temporary Use Permit Required.

Categories of Land Uses. The following categories of temporary land uses identify the type of permit required, if any, based on the proposed duration, size, and type of use:

Construction yards - on-site.

Emergency facilities. Emergency public health and safety needs/land use activities, as determined by the Council.

Garage sales. Garage sales that are in compliance with Municipal Code Chapter 5.48 (Garage Sales).

Car Washes. Car washes, limited to one event each month for each sponsoring organization, not exceeding three days in length. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Internal Revenue Code.

Contractors' Construction Yards — Off-Site. The permit may be effective for up to 12 months, or the expiration of the companion Building Permit, authorizing the construction project, whichever first occurs.

Entertainment/Leisure Gatherings. Events not associated with a permanently established business and not held on premises designed to accommodate such events (e.g., auditoriums, stadiums, etc.) including the following:

Fireworks Sales. Fireworks sales that are in compliance with Municipal Code Chapter 17.04 (Safe and Sane Fireworks).

On-Location Filming. The temporary use of a specified and approved on-location site for occasional commercial filming (e.g., commercials, movie(s), videos, etc.) on location in compliance with Government Code Section 65850.1. The Director shall find that the approval would not result in a frequency of use likely to create incompatibility between the temporary filming activity and the surrounding areas.

Storage During Construction. Storage of equipment during construction activities for up to 12 months, or the expiration of the companion Building Permit, authorizing the construction project, whichever first occurs.

Temporary Sales Trailers.

Temporary Structures. A temporary classroom, office, or similar portable structure, including a manufactured or mobile unit, may be approved, for a maximum time period of 12 months, as an accessory use or as the first phase of a development project, in the commercial and industrial zones.

Temporary Work Trailers.

(Reserved)

Civic and Philanthropic Events On Publicly-Owned Property. Events that are to be conducted on publicly-owned property and are sponsored by educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or by tax-exempt organizations in compliance with 501(c) of the Federal Internal Revenue Code.

Other Similar Temporary Uses. Similar temporary uses that, in the opinion of the Director, are compatible with the subject zone and surrounding land uses.

Seasonal Sales.

Allowed Special Event/Retail Outdoor Sales Uses. A Special Event/Retail Outdoor Sales Permit is required for any outdoor display, including tents, and sales of merchandise associated with a permanently established business within commercial zones. Such uses are also permitted on retail properties located on Monroe Avenue within Industrial zones.

Allowed Additional Signs. Refer to § 20.20.325 (Signs) for a list of additional temporary signs permitted during special events.

Special Events at Multi-Tenant Commercial Centers. One tenant within a multi-tenant commercial center may hold a special event at one time. If the center wishes to allow more than one tenant to hold a special event at a time, or if all tenants within the same commercial center propose a center-wide special event, the Director may approve the event(s).

Parking Lot and Sidewalk Sales. Parking lot and sidewalk sales shall comply with the following standards:

Annual advertising signs. Annual advertising signs and civic event signs may be approved by the community development director as a means of publicizing business and civic activities. Annual advertising signs include banners, and for automotive and mobile home dealerships, pennants and balloons. Such annual advertising signs shall be limited to the following:

Allowed additional signs. Refer to Section 20.20.325 (Signs) for a list of additional temporary signs allowed through an Annual Advertising Permit.

Filing. An application for a Temporary Use Permit or a Special Event/Retail Outdoor Sales Permit shall be filed with the Department in the following manner:

Evidence. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 20.540.080 (Findings and Decision), below.

Project Review Procedures. Following receipt of a completed application, the Director shall investigate the facts necessary for action consistent with the purpose of this Chapter.

Public Hearing Not Required. A public hearing shall not be required for the Director's decision on a Temporary Use Permit or a Special Event/Retail Outdoor Sales Permit application. However, the Director, at the Director's discretion, may require notification of property owners abutting and adjacent to the subject property, or to all property owners within a 300-foot radius of the subject property.

Director's Review. The Director may approve a Temporary Use Permit or a Special Event/Retail Outdoor Sales Permit for a use that would be operated in compliance with Section 20.540.090 (Conditions of Approval) below; or the Director may defer action and refer the application to the Commission for review and final decision.

Director's Review. The Director shall review applications and shall record the decisions in writing with the findings on which the decisions are based.

Required Findings. The Director (or the Commission on a referral) may approve a Temporary Use Permit or Special Event Permit application, with or without conditions, only if it first makes all of the following findings:

Special Events in compliance with Section 20.540.060.D may be approved by the Director or designee subject to appropriate conditions of approval as specified in Section 20.540.100.

May Impose Conditions. In approving a Temporary Use Permit application or a Special Event/Retail Outdoor Sales Permit, the Director (or the Commission on a referral) may impose conditions that are deemed reasonable and necessary to ensure that the permit would be in full compliance with the findings required by Section 20.540.080 (Findings and Decision), above.

Appropriate Conditions. Conditions of approval may include any of the following:

The procedures and requirements in Chapter 20.565 (Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 6 (Administration) shall apply following the decision on a Temporary Use Permit application.

Density thresholds. Proposed transfers of development rights shall comply with the density thresholds in Section 20.210.040 (Residential Zone Density Thresholds and Incentives).

Total gross floor area. The combined total gross floor area allowed on all of the sites involved in the transfer of development rights shall not exceed the combined total gross floor area allowed for the sites by the zone in which they are located.

Floor area for a donor site. The maximum gross floor area allowed on a donor site shall be reduced by the amount of the transfer of development intensity to the receiver site.

Nonconforming developments. Where a transfer of development intensity involves a lot that does not conform to current development intensity limits, the nonconforming condition shall be eliminated and the total gross floor area following the transfer of development rights shall be as provided in Subsection A., above.

Traffic study. Depending upon the distance between sites involved in a transfer of development rights, the Director may require a traffic study to ensure against a net negative effect on the circulation system.

Conditional Use Permit required.

Filing requirements. An application for a Conditional Use Permit shall be filed and processed in compliance with Chapter 20.500 (Permit Application Filing and Processing). The application shall include the information and materials specified in the Department handout for Conditional Use Permit and Minor Use Permit applications, together with the required fee in compliance with the City's Planning Fee Schedule. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection C. (Findings), below.

Findings. When approving a transfer of development intensity, the Council shall make all of the following findings, in addition to those required under Chapter 20.550 (Conditional Use Permits and Minor Use Permits):

Conditions of approval.

Purpose. The purpose of a Conditional Use Permit or Minor Use Permit is to provide sufficient flexibility in the use regulations in order to further the objective of this Zoning Code.

Process for reviewing uses. A Conditional Use Permit or Minor Use Permit provides a process for reviewing uses and activities that may be appropriate in the applicable zone, but whose effects on a site and surroundings cannot be determined before being proposed for a specific site.

Special consideration. Certain types of land uses require special consideration in a particular zone or in the City as a whole because they possess unique characteristics or present special problems that make automatic inclusion as permitted uses either impractical or undesirable.

Conditional Use Permits. Conditional Use Permits shall be approved or disapproved by the:

Minor Use Permits.

Conditional Use Permits.

Minor Use Permits. Before a decision on a Minor Use Permit, the City shall provide notice in compliance with Chapter 20.625 (Public Hearings), and as follows.

Review authority's action. An application for a Conditional Use Permit or Minor Use Permit may be approved subject to conditions, or disapproved by the review authority.

Required findings. The review authority may approve a Conditional Use Permit or Minor Use Permit only if it first makes all of the following findings:

The purpose of this Chapter is to ensure that:

Does not extend to land uses.

Responsibility. The applicable review authority shall approve or deny Variance and Minor Variance applications, and impose conditions deemed reasonable and necessary to preserve the public convenience, health, interest, safety, or welfare, and conditions deemed reasonable and necessary to make the findings required by Section 20.555.050 (Findings and Decision), below.

Applicable review authority. Variances and Minor Variances may be approved in compliance with the following:

Filing.

Notice, hearings, and appeals.

Authorized actions.

Required findings. The applicable review authority may approve a Variance or Minor Variance application, with or without conditions, subject to all of the following findings.

Initiation of a land use. A Zoning Clearance shall be obtained before the initiation or commencement of any use of land not requiring the construction of a structure.

Change of land use.

Building Permit, Grading Permit or other construction permit.

New paving or impervious surfaces not requiring a construction permit. A Zoning Clearance shall be obtained before installing asphalt, concrete, artificial turf, or other paving flatwork on the ground that would affect the impervious surface coverage or structure coverage standards specified in Table 2-3 (Development Standards for Residential Zones) or the limitations on paving in the front and side setback area specified in Section 20.320.080 (Parking Standards for Residential Zones).

Business License. A Zoning Clearance shall be obtained before the City issues a new or modified Business License in compliance with Municipal Code Chapter 5.04 (Licenses). Whenever there is a change of use, or a substantial building alteration, a portion of the fee paid for business license application shall be allocated for inspection to determine whether an occupancy permit shall be granted.

Director's responsibility. The Director shall determine that the proposed land use or structure complies with all applicable Zoning Code provisions before issuing a Zoning Clearance.

Investigation for Compliance (IFC) process. In addition, the following procedure shall apply to existing and prospective businesses seeking to obtain a business license and certificate of occupancy:

Form of approval. A Zoning Clearance approval, including the approval of the Investigation for Compliance, may be in the form of a stamp, signature, or other official notation on approved plans, a letter to the applicant, or other certification, at the Director's discretion. The approval shall reference this Chapter.

Compliance. All work performed under a Building Permit, Encroachment Permit, Grading Permit, or Zoning Clearance for which project drawings and plans have received approval by the Director, Department staff, Development Review Committee, Commission, or Council shall be in compliance with the approved drawings and plans, and any conditions of approval imposed by the review authority.

Changes. Changes to an approved project shall be submitted and processed in compliance with Section 20.565.100 (Changes to an Approved Project), below.

Approvals, permits, and Variances.

Plans/Amendments.

Issued on the effective date. Permits, certificates, and/or other approvals shall not be issued until the effective date, and then only if no appeal of the review authority's decision has been filed, in compliance with Chapter 20.615 (Appeals).

Full understanding and acceptance. The applicant, upon receipt of the approved copy of the permit with attached conditions, shall execute an Acknowledgement and Acceptance of Conditions agreement with the City, certifying full understanding and acceptance of the final conditions of approval.

Signed and dated. The applicant shall return the Acknowledgement and Acceptance of Conditions agreement to the Department, properly signed and dated, within 30 days following the date of the Acknowledgement.

Appeal. If the applicant wishes to appeal any or all of the final conditions of approval, the applicant shall file an appeal within 10 calendar days following the actual date the decision was rendered by the applicable review authority in compliance with Chapter 20.615 (Appeals).

Applicable provisions. Any application deemed approved by operation of law in compliance with Government Code Section 65956(b) shall be subject to all applicable provisions of this Zoning Code, which shall be fully satisfied by the applicant before a Building Permit is issued or a land use not requiring a Building Permit is exercised or established.

Public hearing. The application shall be deemed approved only if the application received proper notice in compliance with Chapter 20.625 (Public Hearings) and Government Code Section 65956(b).

Run with the land. A Conditional Use Permit, development agreement, Minor Use Permit, Minor Variance, Planned Development Permit, Site Plan and Design Review, Temporary Use Permit, transfer of development rights, or Variance approval that is approved in compliance with Chapter 20.500 (Permit Application Filing and Processing) shall be deemed to run with the land through any change of ownership of the subject site, from the effective date of the permit, except in any case where a permit expires and becomes void in compliance with Section 20.565.080 (Expiration), below.

Conditions shall apply. All applicable conditions of approval shall continue to apply after a change in property ownership.

Deposit of security.

Release of security. Upon satisfactory compliance with all applicable provisions of this Section, the security deposit shall be released.

Failure to comply.

Expiration of permit or approval. Unless otherwise specified in the permit or approval, any discretionary permit issued by the City, including, without limitation, any Conditional Use Permit, Home Occupation Permit, Minor Use Permit, Minor Variance, Planned Development Permit, Site Plan and Design Review, Temporary Use Permit, or Variance, for projects not subject to the Subdivision Map Act shall comply with the following expiration provisions:

Effect of expiration. If the review authority who originally granted the permit or approval determines that a good-faith intent to exercise the permit or approval has not been demonstrated, the review authority shall determine that the permit or approval has expired. Thereafter, the following provisions shall control:

Director's action to extend.

Suspension of expiration.

Applicable review authority's action on further extension.

Required findings. An extension of the permit or approval may be granted only if the applicable review authority first makes all of the following findings:

Further extensions. An application for an extension of the permit or approval in excess of three years following the original date of approval shall be treated as a new application which shall be filed in compliance with Chapter 20.500 (Application Filing, Processing, and Review Procedures).

Application.

Notice and hearing. If the project application originally required a noticed public hearing, the review authority shall hold a public hearing, except for the minor changes outlined below (See Subsection C.), and shall give notice, in compliance with Chapter 20.625 (Public Hearings).

Minor changes by Director. The Director may authorize minor changes to an approved site plan, architecture, or the nature of the approved use only if the changes:

Major changes. Major changes include changes to the project involving features specifically described in Subparagraph C. 2., above, and shall only be approved by the review authority (e.g., original, appeal, call for review authority that rendered the final City action on the application) through a new application, processed in compliance with this Zoning Code.

Resubmittal after disapproval with prejudice. The review authority may disapprove a discretionary permit or amendment, on the ground that a similar application for the same site has been disapproved in the past two years, or other time period as the previous review authority may have specifically stated in its disapproval (also known as disapproval with prejudice).

Exception to Subsection A., above. The review authority may allow exception to Subsection A., above, based on one or more of the following findings:

Resubmittal after disapproval without prejudice. There shall be no limitation on subsequent applications for a site where a project was disapproved without prejudice.

Applicability. When necessary to achieve the land use goals of the City, the City may require a property owner holding property in common ownership to execute and record a Covenant of Easement in favor of the City, in compliance with Government Code Sections 65870 et seq.

Definitions. For purposes of this Section, the following words, terms, and phrases, when used in this Section, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

Form of covenant. The form of the Covenant shall be approved by the City Attorney, and the Covenant of Easement shall:

Recordation. The Covenant of Easement shall be recorded in the County Recorder's Office.

Effect of covenant. From and after the time of its recordation, the Covenant of Easement shall:

Enforceability of covenant. The Covenant of Easement shall be enforceable by the successors-in-interest to the real property burdened or benefited by the Covenant and the City. Nothing in this Section creates standing in any person, other than the City, and any owner of the real property burdened or benefited by the Covenant, to enforce or to challenge the Covenant or any requested amendment or release.

Release of covenant. The release of the Covenant of Easement may be affected by the Director, or under an appeal, only following a noticed public hearing in compliance with Chapter 20.625 (Public Hearings).

Fees. The City shall impose fees to recover the City's reasonable cost of processing a request for a release. Fees for the processing shall be established by the City's Planning Fee Schedule.