Stockton City Zoning Code
Division
5 Land Use/Development Procedures
§ 16.112.010 Purpose of chapter.
This chapter is intended to provide flexibility to allow minor adjustments from certain development standards in those cases where the strict application of a standard may not be appropriate.
(Prior code § 16-505.010)
§ 16.112.020 Review Authority.
The Director is the Review Authority for administrative exception, subject to appeal in compliance with Chapter 16.100 (Appeals). The Director may grant the adjustment or may defer action and refer the application to the Commission.
(Prior code § 16-505.020)
§ 16.112.030 Applicability.
A.
Adjustment. The Director may grant an adjustment from the requirements of this Development Code for the following development standards:
TABLE 5-1 ALLOWABLE ADMINISTRATIVE EXCEPTIONS | |
|---|---|
Types of Administrative Exceptions Allowed | Maximum Adjustment |
Allowed Projections. An increase in the allowed projection of canopies, cornices, eaves, fireplaces, landings, masonry chimneys, overhangs, raised porches, stairways and steps in a required setback/yard area, subject to building and fire codes. | 20% |
Density. An increase or decrease in the allowed density. | 30% |
Distances Between Structures. A decrease in the allowed distances between detached accessory structures and main structures. | 20% |
Fence or Wall Height/Setbacks. An increase in the maximum allowed height or the minimum required setback of a fence or wall, subject to City-approved structural design standards. | 30% |
Garages. A decrease in the required size of a garage. | 10% |
Off-Street Parking. A decrease in the number of required parking spaces and number of required trees. | 30% |
Setback Area. A decrease in the required setback area for structures, landscaping, swimming pools/spas, and equipment. | 30% |
Site Coverage. An increase in the maximum site coverage. | 20% |
Structure Height. An increase in the maximum structure height. | 20% |
Other Standards. The Director shall also be allowed to vary other standards including minor operational/performance standards relating to dust, hours of operation, landscaping/parking, light, noise, etc. | 20% |
§ 16.112.040 Application filing, processing, and review.
A.
Filing. An application for an administrative exception shall be completed, filed with the Department, and processed in compliance with Chapter 16.84 (Application Filing, Processing, and Fees), and shall be accompanied by the fee required by the Council's fee resolution.
B.
Review. Each application shall be analyzed by the Director to ensure that the application is consistent with the purpose and intent of this chapter in compliance with Section 16.84.050 (Initial application review and environmental assessment). Review of the application may include referral to City staff and specialists and on-site inspection of the subject parcel, if necessary.
C.
Director's Action. Following review of the application, the Director shall:
1.
Environmental Determination. Make an environmental determination in compliance with Section 16.88.040 (Environmental determination); and
2.
Application. Take one of the following actions on the application:
a.
Decision. Approve, approve with conditions, or deny the application in compliance with Section 16.88.050(A) (Review without notice procedure).
b.
Defer. Defer action and refer the application to the Commission for final decision.
3.
Noticing Not Required. A public notice or hearing shall not be required for the Director's action on an administrative exception. If the Director refers the application to the Commission or the decision of the Director is appealed, notice of the Commission's hearing shall be given in compliance with Section 16.88.030 (Public hearing notices).
(Prior code § 16-505.040; Ord. 2025-06-03-1601, 6/3/2025)
§ 16.112.050 Findings and decision.
The Review Authority shall provide the findings of fact on which the decision is based in writing. It is the responsibility of the applicant to establish evidence in support of the required findings. The Review Authority may approve the administrative exception, with or without conditions, only if all of the following findings of fact can be made.
A.
The granting of the exception will result in design improvements, or enable the site to be utilized in such a way as to not create a hardship in meeting a specific standard;
B.
The subject site would be physically suitable for the proposed administrative exception;
C.
The granting of the exception, with conditions that are imposed, will not be detrimental to the public convenience, health, interest, safety, or general welfare of the City or injurious to the property or improvements in the zone or neighborhood in which the property is located;
D.
The granting of the exception will be consistent with the general land uses, objectives, policies, and programs of the General Plan, any applicable specific plan, precise road plan, or master development plan, and the intent of this Development Code; and
E.
The granting of the exception will be in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines.
(Prior code § 16-505.050)
§ 16.112.060 Notice of decision.
The Director shall provide written notice of the decision of the administrative exception application to the applicant and interested parties within 10 days following the final date of the decision.
(Prior code § 16-505.060)
§ 16.112.070 Conditions of approval.
In approving an administrative exception, the requirements of this Development Code are considered a minimum and the applicable Review Authority may impose specific development conditions relating to both on- and off-site improvement, as it finds are reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 16.112.050 (Findings and decision), above, and to carry out the purpose and requirements of the respective zoning district and any applicable overlay zone.
(Prior code § 16-505.070)
§ 16.112.080 Post approval procedures.
Unless otherwise stated below, the requirements for the use of property; owner responsibility; issuance of a business license, building permit, or certificate of occupancy; performance guarantees; maintenance; effective date and review of the project following approval of an administrative exception shall be in compliance with Chapter 16.92 (Implementation Procedures, Conditions, and Requirements). In addition, the following procedures may apply after approval of an administrative exception:
B.
Changes to an Administrative Exception. Changes to the project in compliance with Chapter 16.104 (Changes to an Approved Project);
(Prior code § 16-505.080)
§ 16.116.010 Purpose of chapter.
This chapter is intended to provide procedures for the amendment of the:
A.
General Plan. General Plan, which may include revisions to actions, goals, land use designations, policies, text, or land use/circulation diagrams;
B.
Development Code. Development Code which may modify any procedures, provisions, requirements, or standards applicable to the development and/or use of property within the City; and
C.
Zoning Map. Official Zoning District Map which may include the following changes:
1.
Prezoning. Designating the zoning district for an unincorporated parcel(s) within the City's sphere of influence before annexation to the City;
2.
Rezoning. Revising the existing zoning for a parcel(s) from one zoning district to another; and
3.
Zoning. Designating the zoning district for a parcel(s) located within the boundaries of the City, which has not received a previous zoning district designation.
(Prior code § 16-510.010)
§ 16.116.020 Review Authority.
The Council is the Review Authority for amendments (General Plan, Development Code, and Zoning Map), based on the recommendation of the Commission.
(Prior code § 16-510.020)
§ 16.116.030 Initiation.
An amendment may be initiated in the following manner:
A.
Council. By the Council with referral to the Commission;
B.
Commission. By the Commission;
C.
City Manager. By the City Manager;
D.
Property Owner. An application submitted by a property owner(s) or designated or authorized agents; or
E.
Petition. An application submitted by a petition of 10 interested parties for amendments to the text of the General Plan and this Development Code.
(Prior code § 16-510.030; Ord. 015-09 C.S., eff. 12-3-09)
§ 16.116.040 Application filing, processing, and review.
A.
Filing. An application for an amendment shall be completed, filed with the Department, and processed in compliance with Chapter 16.84 (Application Filing, Processing, and Fees), and shall be accompanied by the fee required by the Council's fee resolution.
B.
Review. Each application shall be analyzed by the Director to ensure that the application is consistent with the purpose and intent of this chapter in compliance with Section 16.84.050 (Initial application review and environmental assessment).
C.
Timing of Amendments.
(Prior code § 16-510.040; Ord. 2020-12-01-1502 C.S. § 32)
§ 16.116.050 Findings and decision.
A.
Decision. After a public hearing, the Review Authority shall provide the decision and the findings of fact on which the decision is based in writing. It is the responsibility of the applicant to establish evidence in support of the required findings.
1.
Approval. An amendment to the General Plan, this Development Code, or the Zoning Map may be approved only if all of the findings of fact listed in subsection B of this section, can be made.
2.
Disapproval. An amendment shall be disapproved if the Review Authority is unable to make all of the required findings of fact.
B.
Findings of Fact. All of the following findings of fact, as applicable to the type of amendment, shall be made to approve an amendment:
1.
Mandatory Findings of Fact for All Amendments.
a.
The proposed amendment ensures and maintains internal consistency with general land uses, objectives, policies, programs, and actions of all elements of the General Plan on balance and would not create any inconsistencies with this Development Code;
b.
The proposed amendment will not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the City; and
c.
The proposed amendment complies with the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines.
2.
Additional Finding for Development Code Amendments. The proposed amendment would be internally consistent with other applicable provisions of this Development Code.
3.
Additional Finding for Zoning Map Amendments. The site(s) would be physically suitable (including access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designation(s) and anticipated land use development(s).
(Prior code § 16-510.050)
§ 16.120.010 Purpose of chapter.
The purpose of this chapter is to establish procedures for the discretionary and nondiscretionary design review of development throughout the City in order to encourage development that is compatible and harmonious with the design and use of surrounding properties and with the City in general. In order to ensure that development in Stockton meets or exceeds the City's expectation of high quality, this design review process has been established to:
A.
Promote the orderly development of the City as provided for in the goals, objectives, and policies of the General Plan.
B.
Preserve and enhance the existing unique character of the City.
C.
Ensure that new or modified development contributes to the positive image of the City by being aesthetically pleasing and functionally organized.
D.
Protect and enhance property values by ensuring that development fits properly within the context of its surroundings and does not negatively impact adjacent uses.
E.
Promote the preservation of the character and architecture of existing neighborhoods, particularly through design review districts.
F.
Provide certainty to the development review process by clearly stating the City's expectations, thereby reducing guesswork and reducing development time and costs.
G.
Encourage individual creativity and innovative solutions by allowing flexibility in how a particular guideline is met as long as the intent of the guideline is achieved.
H.
Ensure high quality development without causing unnecessarily high development costs.
I.
Communicate the desired qualities and characteristics of development which are intended to promote quality design that is sensitive to its neighborhood context, compatible with adjacent land uses and structures, and consistent with the General Plan.
(Prior code § 16-515.010)
§ 16.120.020 Applicability.
A.
Types of Projects. The following list identifies the types of projects that are subject to the City's design review process.
1.
Residential Development.
a.
New single-family tract development in a subdivision of five or more parcels. (These projects are subject to the design standards located in Section 3.01 (Single-Family Design Standards for New Tract Development) of the Citywide Design Guidelines Manual.)
b.
New single-family infill projects located within special districts. (See Section 3.02 of the Citywide Design Guidelines Manual (Single-Family Residential Design Guidelines for Special Districts) for a list of, and a map illustrating, the special districts.)
c.
Additions and exterior remodeling of single-family dwellings located within special districts visible from the public right-of-way.
d.
New developments containing two or more dwelling units.
e.
Additions and exterior remodeling of existing multifamily dwellings.
f.
Accessory structures greater than 120 square feet in special districts or as part of a multifamily project that are visible from the public right-of-way.
2.
Commercial Development.
a.
New commercial development throughout the City, including special commercial districts (e.g., Downtown; Miracle Mile, or Channel area) and freeway corridors.
b.
Additions and exterior remodeling of existing commercial development throughout the City that is visible from a public right-of-way or an internal circulation route.
c.
Accessory structures visible from a public right-of-way or an internal circulation route.
3.
Business Park and Industrial Development.
a.
New business park and light industrial development throughout the City.
b.
Additions and exterior remodeling of existing business park and industrial development throughout the City that is visible from a public right-of-way or an internal circulation route.
c.
Accessory structures visible from a public right-of-way or an internal circulation route.
B.
Use of Design Guidelines.
1.
Adopted Design Guidelines. The Review Authority shall refer to the City of Stockton Citywide Design Guidelines (Guidelines) and other design guidelines that have been adopted by the Council in order to provide guidance to applicants seeking to comply with the requirements of this chapter.
2.
To Be Used by Property Owners and Design Professionals. The design guidelines are to be used by property owners, architects, designers, developers, and landscape architects in the planning and design of projects in the City.
3.
To Be Used as Review Criteria. The design guidelines are to be used by City staff, the Director, Architectural Review Committee ("ARC"), Cultural Heritage Board, Commission, and Council as adopted criteria for the review of development proposals subject to the requirements of this chapter.
(Prior code § 16-515.020; Ord. 002-06 C.S. § 1; Ord. 2020-06-09-1501 C.S. § 27; Ord. 2020-12-01-1502 C.S. § 33)
§ 16.120.030 Exemptions.
The following types of projects are exempt from the design review process and are not required to comply with the design guidelines. However, it is strongly recommended that applicants with exempt projects refer to the design guidelines and follow them to the degree feasible to help ensure well-designed projects.
A.
New single-family dwellings and additions to or remodeling of existing single-family dwellings not located within a special district or in a new subdivision of five or more parcels.
B.
Additions to or remodeling of existing commercial structures when the improvements are not visible from a public right-of-way or an internal circulation route.
C.
Additions to or remodeling of existing business park and industrial structures when the improvements are not visible from a public right-of-way or an internal circulation route.
D.
Accessory structures not visible from a public right-of-way or an internal circulation route.
E.
Interior improvements.
F.
Temporary structures as defined in Division 8 (Glossary).
G.
Routine maintenance of landscaping, signs, and structures.
H.
Any project located within the Port (PT) Zoning District.
I.
Other situations the Director determines to be minor even if visible from the public right-of-way or an internal circulation route.
J.
Application of same, similar or different paint colors to existing buildings except for those surfaces which, in the opinion of the Director, have historically been unpainted (e.g., masonry, wood shingles, chimneys).
K.
Replacement of roofing materials, including to another type, when related to existing residential development.
(Prior code § 16-515.030; Ord. 2020-06-09-1501 C.S. § 28)
§ 16.120.040 Applicable Review Authority.
A.
Nondiscretionary Administrative Projects. Decisions do not require interpretation or exercise of policy or judgment in evaluating approval criteria because the decision is made according to objective criteria where no discretion is involved. Approval may be issued over the counter by staff. The director is the approval authority for nondiscretionary administrative actions. The action of the director is not subject to appeal.
B.
Limited Discretion. Minor design review approval or denial is based on discretionary standards that regulate the physical characteristics of a use or structure. Decisions must be consistent with the adopted criteria. Notice of decision is required with opportunity to request ARC review. The action of the director may be appealed.
C.
Discretionary Projects.
1.
Council. The Council shall be the applicable Review Authority for all discretionary projects authorized by this Development Code for review by the Council, or appealed to the Council in compliance with Chapter 16.100 (Appeals).
2.
Commission. The Commission shall be the applicable Review Authority for all discretionary projects authorized by this Development Code for review by the Commission, or appealed to the Commission in compliance with Chapter 16.100 (Appeals).
3.
Director. The Director, based on the recommendation of the ARC, shall be the applicable Design Review Authority for:
(Prior code § 16-515.040; Ord. 002-06 C.S. § 1; Ord. 023-07 C.S. § 108; Ord. 015-09 C.S., eff. 12-3-09; Ord. 2022-07-12-1601-02 C.S. § 30)
§ 16.120.050 Application filing, processing, and review procedures.
A.
Optional Preliminary Design Review. The option of a preliminary design review is strongly encouraged and may be requested by applicants before the formal submittal of an application. This is an informal review by the Director or ARC in order to provide direction/guidance to project proponents before preparation of detailed designs/plans for formal application submittal.
B.
Application. The application shall be prepared in compliance with the Department handout for design review, filed with the Department, and accompanied by the fee required by the Council's fee resolution.
C.
Initial Review. Each application shall be reviewed by the Director to ensure that the application is consistent with this Development Code, the City of Stockton Citywide Design Guidelines (Guidelines), other design guidelines that may be adopted by the City, and the purpose and intent of this chapter.
D.
Procedures.
1.
Review.
a.
Nondiscretionary Permits (Building Permit/Allowed Uses). For projects that do not require any type of discretionary approval, the applicant shall submit design review plans before building permit submittal. The ARC shall review the submitted plans for compliance with the Guidelines, other design guidelines that may be adopted by the City, and/or applicable Development Code standards, and make recommendations and supporting findings in compliance with subsection (D)(2). Following the ARC's review of the plans, the Director shall prepare and transmit a list of the ARC's findings and recommendations to the applicant in a timely manner, noting that a request for reconsideration may be submitted, where applicable.
b.
Discretionary Permit/Entitlement. For projects that require a discretionary approval of a development application (e.g., use permit, variance, land development permit, planned development permit, etc.), the applicant shall submit design review plans for the proposed project at the same time as the discretionary application is submitted to the Department. The Director shall review the project for compliance with the land use and development regulations contained in this Development Code. The ARC shall review the overall design of the project for compliance with the Guidelines and other design guidelines that may be adopted by the City. In reviewing the design of the project, the ARC shall use the guidelines as a reference, and make recommendations and supporting findings in compliance with subsection (D)(2). Following the ARC's review of the plans, the Director shall prepare and transmit a list of the ARC's findings and recommendations to the applicant in a timely manner, noting that a request for reconsideration may be submitted and/or that the Planning Commission is the final Design Review Authority, where applicable.
2.
3.
Resubmittals. Following a redesign of, or changes to, a project, the applicant shall resubmit an application for review and recommendation by the ARC. If a recommendation has not been reached by the ARC after two reviews, the project shall be referred directly to the Director for a decision.
4.
Determination. Following submittal of the list of recommendations to the applicant and the submittal of any revisions and request for reconsideration, if applicable, the Review Authority shall review the design of the project in compliance with the list of recommendations in subsection (D)(2), and:
a.
Nondiscretionary Permits. Make a consistency determination.
b.
Discretionary Permit/Entitlement.
i.
Director. If the final Design Review Authority is the Director, the Director shall make a consistency determination.
ii.
Other Review Authorities. If the Director is not the final Design Review Authority, the Director shall make a written recommendation to the Review Authority and the Design Review plans shall be considered with the application(s) by the applicable Review Authority identified in Table 4-1 (Review Authority). Following review of the design review plans, the Review Authority shall make a consistency determination.
E.
On-Site Review. The review may include on-site inspection of the subject parcel, if deemed necessary by the ARC or the Director.
(Prior code § 16-515.050; Ord. 002-06 C.S. § 1; Ord. 015-09 C.S., eff. 12-3-09)
§ 16.120.060 Findings.
The Review Authority shall determine whether a project adequately meets adopted City standards and the Guidelines, based upon consistency with the following findings:
A.
The proposed development is consistent with all applicable provisions of this Development Code and other applicable City ordinances;
B.
The general design considerations, including the character, quality, and scale of design are consistent with the purpose/intent of this chapter and the Guidelines and other design guidelines that may be adopted by the City;
C.
The architectural design of structures and their materials and colors are visually compatible with surrounding development. Design elements (e.g., awnings, exterior lighting, screening of equipment, signs, etc.) have been incorporated into the project to further ensure its compatibility with the character and uses of adjacent development, and/or between the different types of uses in a mixed use development;
D.
The location and configuration of structures are compatible with their sites and with surrounding sites and structures and do not unnecessarily block views from other structures or dominate their surroundings;
E.
The general landscape design, including the color, coverage, location, size, texture, and type of plant materials, provisions for irrigation, planned maintenance, and protection of landscape elements have been considered to ensure visual relief, to complement structures, and to provide an attractive environment;
F.
The design and layout of the proposed project will not interfere with the use and enjoyment of neighboring existing or future development and will not result in vehicular or pedestrian hazards;
G.
The building design and related site plans, including on-site parking and loading, has been designed and integrated to ensure the intended use will best serve the potential users or patrons of the site; and
H.
Special requirements or standards have been adequately incorporated, when applicable, into the building and/or site design (e.g., American Disabilities Act regulations, historic preservation, mitigation measures, open space, utilities, etc.).
(Prior code § 16-515.060)
§ 16.120.070 Conformance to plans.
All work performed under a building permit for which drawings and plans have been approved under the procedures and requirements of this chapter shall conform to the approved drawings and plans. The signed and/or stamped plans shall be submitted before, or at the same time as, the building permit application.
(Prior code § 16-515.070)
§ 16.120.080 Post issuance procedures.
Unless otherwise stated below, the requirements for use of property; owner responsibility; issuance of a business license, building permit, or certificate of occupancy; maintenance; and performance guarantees of the project following issuance of a design review approval shall be in compliance with Chapter 16.92 (Implementation Procedures, Conditions, and Requirements). In addition, the following procedures shall apply, as applicable, after issuance of a design review:
A.
Appeal. The decision of the Review Authority may be appealed in compliance with Chapter 16.100 (Appeals). The decision of the ARC may be appealed to the Commission, following a request for reconsideration, and the decision of the Commission may be appealed to the Council.
B.
Effective Date. A design review approval shall be effective on the date the signed and/or stamped plans are issued by the Director.
C.
Changes to a Design Review Approval. Changes to the project shall be in compliance with Chapter 16.104 (Changes to an Approved Project).
D.
Expiration/Extension. The design review approval shall become void unless the required building permit is submitted within 12 months of the design review being issued. An extension may be requested; however, any extension shall be in compliance with the requirements of this Development Code and adopted design guidelines in effect at the time of the extension request.
(Prior code § 16-515.080; Ord. 002-06 C.S. § 1)
§ 16.124.010 Purpose of chapter.
This chapter is intended for the purpose of securing and maintaining the orderly and harmonious construction of buildings, signs, and other structures in designated areas of the City through the establishment of design review districts in order that they may be erected of such design and construction as to:
A.
Determine and protect the most appropriate use and value of property in the areas of application of these regulations;
B.
Foster and maintain a more desirable living, working, and recreational environment in the areas of application of these regulations; and
C.
Promote the general prosperity and welfare of the City as a whole.
(Prior code § 16-520.010)
§ 16.124.020 Review Authority.
The Council is the Review Authority for the establishment of design review districts.
(Prior code § 16-520.020)
§ 16.124.030 Applicability.
The requirements of this chapter shall apply to the establishment of any area of the City identified by the Council as requiring architectural and other design review. The area(s) may consist of properties in one or more use district classifications of this Development Code and may be located in any part of the City.
(Prior code § 16-520.030)
§ 16.124.040 Initiation.
The application to a design review district may be initiated in the following manner;
A.
By a petition of the majority of the property owners in a given area;
B.
By the City Manager who shall refer the matter to the Commission;
C.
By a resolution of intention by the Commission; or
D.
By the Council who shall refer the matter to the Commission for report.
(Prior code § 16-520.040)
§ 16.124.050 Application filing, processing, and review.
A.
Filing. An application for a design review district shall be completed, filed with the Department, and processed in compliance with Chapter 16.84 (Application Filing, Processing, and Fees), and shall be accompanied by the fee required by the Council's fee resolution.
B.
Review. Each application shall be analyzed by the Director to ensure that the application is consistent with the purpose and intent of this chapter in compliance with Section 16.84.050 (Initial application review and environmental assessment).
C.
Commission Review. After the application is initiated, the Commission shall:
1.
Prepare a map of the boundaries of the area; and
2.
Hold at least one public hearing with notice to property owners at least once in a local newspaper of general circulation 10 days or more before the date of the hearing. The Commission may require additional notice as determined in the particular instance.
3.
After the public hearing, the Commission may adopt the map by resolution and forward their recommendation to the Council.
D.
Council Review. The Council may adopt the map by resolution as an administrative act, finding that the area is suitable for the application of the provisions of this chapter. The resolution may include suggestions and recommendations as to the design and construction of buildings, structures, and/or grounds in the identified area.
E.
Overlay Zoning District. The design review district shall be designated as a design review overlay district with a -DES on the Zoning District Map.
F.
Copies. Certified copies of the map of each area shall be filed with the Superintendent of Building Safety, the Director, or any other officials and persons as the Council may direct.
(Prior code § 16-520.050)
§ 16.124.060 Standards of review.
All structures within a design review district shall submit plans and elevations for the project which shall be reviewed in compliance with Chapter 16.120 (Design Review) and the City of Stockton Citywide Design Guidelines.
(Prior code § 16-520.060)
§ 16.128.010 Purpose of chapter.
This chapter is intended to provide procedures and minimum guidelines/requirements for the review, consideration, approval, and modification of development agreements upon application by, or on behalf of, property owners or other persons having a legal or equitable interest in the property proposed to be subject to the agreement.
(Prior code § 16-525.010)
§ 16.128.020 Authorization.
§ 16.128.030 Review Authority.
The Council is the Review Authority for development agreements, based on the recommendation of the Commission.
(Prior code § 16-525.030)
§ 16.128.040 Applicability.
A.
General. A development agreement is a legal, written contract between the City and any person(s), including owner(s), developer(s), and/or successor(s)-in-interest, having a legal or equitable interest in a specific piece of real property. It specifies the terms for the development of the piece of real property and grants rights to the owner(s), developer(s), and/or successor(s)-in-interest to develop the real property under the agreed terms.
B.
Annexation.
1.
Agreements for Unincorporated Areas. The City may enter into a development agreement with any person(s) having a legal or equitable interest in real property in an unincorporated area within the City's urban service area, however, the agreement shall only become effective upon the recordation of the LAFCO certificate of completion annexing the property into the City. If the annexation is not completed within the time specified in the agreement, or any extension of the agreement, the agreement shall be deemed void.
2.
Agreements With the County. Any development agreement which has been entered into by the County before the effective date of the annexation and which meets the requirements of State law (Government Code Section 65865.3) shall:
a.
Remain valid for the duration of the agreement, or eight years from the effective date of annexation, whichever first occurs. The holder of the agreement and the City may, by mutual consent, extend the life of the agreement up to 15 total years; or
b.
Be subject to modification or suspension by the City of the provisions of the agreement if the City determines that failure to do so would place the residents of the subject property and/or the residents of the City in a condition which is dangerous to their health or safety, after a noticed hearing in compliance with Section 16.128.070(G) (Notice and hearings).
(Prior code § 16-525.040)
§ 16.128.050 Initiation.
A development agreement may be initiated in the following manner:
A.
Council. By the Council with referral to the Commission, provided those having a legal and equitable interest in the subject property have provided a written statement of consent;
B.
Commission. By an affirmative vote of the Commission, provided those having a legal and equitable interest in the subject property have provided a written statement of consent; or
C.
Property Owner. By any person(s) having a legal and equitable interest in the real property, including the legal owner(s) of the subject property or their agent(s), provided ownership can be demonstrated to the satisfaction of the Director.
(Prior code § 16-525.050)
§ 16.128.060 Preparation and content.
An application for a development agreement shall contain the following:
A.
Title Report. A title report or other evidence providing proof of the applicant's legal or equitable interest in the subject real property, with a legal description of the property sufficient for recordation.
B.
Proposed Development Agreement. Each application shall be accompanied by a development agreement proposed by the applicant. This requirement may be met by designating the City's standard form as the development agreement and including specific proposals for changes in or additions to the language of the standard form. Any proposed development agreement shall be consistent with each provision of this chapter and shall, at the discretion of the Director, include the following information:
1.
The parties to the development agreement;
2.
A description of the proposed development project (the "project") that is sufficient to enable the City to review the application and accompanying documentation for legality, compliance with development standards, consistency with the General Plan and applicable specific plan, precise road plan, or master development plan, environmental assessment requirements, and compliance with other City ordinances, resolutions, policies, and rules and regulations;
3.
A list, to the extent available, of each discretionary or ministerial action, permit, and/or necessary or previously obtained entitlements for the project, including actions, permits, and/or entitlements issued by, or to be obtained from, agencies other than the City. The listing shall describe and distinguish between those elements of the development project which are proposed to be required by the development agreement and those which may be subject to further review;
4.
The proposed duration of the agreement;
5.
The allowed uses of the property;
6.
The allowed density or intensity of use;
7.
The maximum area, height, location, setback, and size of structures;
8.
Provisions for reservation or dedication of land for public purposes;
9.
A legal description of the property that is subject to the agreement sufficient for recordation;
10.
A clause requiring the applicant to indemnify the City against claims arising out of the development process and to provide insurance in an amount and form acceptable to the City to ensure the applicant's ability to satisfy its indemnification duty;
11.
The date on which construction shall begin and the date when the project or any phase of the project shall be complete;
12.
Conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided they do not prevent development which conforms with the development agreement;
13.
Terms and conditions relating to the applicant financing necessary public facilities with or without subsequent reimbursement over time;
14.
Restrictions on the assign ability of the agreement by the applicant and, if assignable, provisions ensuring that the successor(s)-in-interest assumes the obligations under the agreement;
15.
Include preliminary site plans, a description of the project's relationship to adjacent properties, and a statement of the project's relationship to the General Plan and any applicable specific plan, precise road plan, or master development plan;
16.
Prior to approval of any building permit for the project, the following shall be submitted to the Department to be reviewed and approved, by the Director, for consistency with the City of Stockton Citywide Design Guidelines:
a.
Site plan (in substantial conformity with the preliminary site plan, as determined by the Director),
b.
Exterior elevation plans for all structures,
c.
Architectural colored perspective rendering for all structures,
d.
Construction/materials information for all structures, and
e.
A comprehensive sign program;
17.
Distinguish between those elements of the project which shall be fixed under the development agreement and those elements which may vary, including the standards and criteria by which the variable elements would be reviewed;
18.
Provisions for minor modification of the development agreement; and
19.
Other terms and conditions related to the project which are mutually agreeable to the parties.
C.
Fee. Processing fees, as established by the Council's fee resolution for development agreements or rezonings, shall be collected with an application for a development agreement made in compliance with this chapter. An application shall not be deemed complete unless it is accompanied by the current filing and processing fee. The filing and processing fee shall be in addition to any other fees required to develop the subject development project.
(Prior code § 16-525.060)
§ 16.128.070 Application filing, processing, and review.
A.
Pre-Application Conference. If the development agreement is initiated by the owner of the property, an authorized agent, or an affected party, a pre-application conference with the Director is strongly encouraged before the filing of a development agreement.
B.
Filing. An application for a development agreement shall be completed, filed with the Department, and processed in compliance with Chapter 16.84 (Application Filing, Processing, and Fees).
C.
Review for Completeness.
1.
The Director is authorized to receive, review, process, and prepare, together with recommendations for Commission and Council consideration, all applications for development agreements.
2.
Each City division or department, as applicable, shall review, comment upon, and recommend any necessary or desirable changes.
3.
The City Attorney shall review and approve the development agreement as to form.
4.
The City may request any additional information or documentation necessary to complete the agreement.
5.
In the event the application is determined not to be complete, the City's determination shall specify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete.
6.
When the application is deemed to be complete, it shall be accepted for filing and the applicant shall be notified.
D.
Concurrent Processing. All development related applications shall be processed and scheduled for public hearing(s) concurrently with the application for a development agreement, to the extent practicable. The development agreement shall not constitute a substitute for, or an alternative to, any other required permit(s) or approval(s), and the applicant shall comply with all other required procedures for development project approval.
E.
Withdrawal. The applicant, the Commission, or the Council, whoever initiated the application, may withdraw an application for a development agreement at anytime during the review process. Withdrawal shall terminate the processing of the development agreement.
F.
Development Review Committee (DRC). The DRC shall review the development agreement and make a recommendation to the Director.
G.
Notice and Hearings. Except for the following, notices and the public hearing for a development agreement shall be in compliance with Chapter 16.88 (Review Procedures) for actions requiring final approval by the Council.
1.
Commission's Action. The Commission shall not recommend approval of a development agreement without the findings required by Section 16.128.080 (Findings and decision).
a.
Approval. The Commission shall not be required to recommend the identical development agreement as initiated by the applicant, but may recommend any changes it deems necessary, desirable, or in the public interest.
2.
Council's Action.
a.
Determination. The Council shall not approve the development agreement without the findings required by Section 16.128.080 (Findings and decision).
i.
Approval. The Council shall not be required to approve the identical development agreement recommended by the Commission or initiated by the applicant, but may make any changes it deems necessary, desirable, or in the public interest.
(A)
The vote of four Council members shall be required to approve a development agreement in substantial compliance with the agreement recommended by the Commission.
(B)
Any substantial change, not previously considered by the Commission, to the development agreement requires that the development agreement be referred back to the Commission who shall consider the change(s) proposed by the Council in compliance with the procedures identified in this section and make a recommendation to the Council.
(C)
If the Commission did not approve the development agreement and that decision has been appealed to the Council, it shall take four concurring votes by the Council to overturn the Commission's decision and approve the development agreement.
b.
Ordinance.
i.
Adopting Ordinance. A Council action to approve or conditionally approve the application shall also direct the preparation of a development agreement containing the conditions and terms of the application that the Council approved or conditionally approved, as well as an ordinance authorizing execution of the development agreement by the Council, in compliance with State law (Government Code Section 65867.5).
(Prior code § 16-525.070; Ord. 2018-01-23-1503 § IV)
§ 16.128.080 Findings and decision.
The ordinance shall contain the following findings of fact and the facts supporting them. It is the responsibility of the applicant to establish evidence in support of the required findings. The development agreement would:
A.
Be in the best interests of the City;
B.
Comply with this Development Code and other applicable ordinances and regulations;
C.
Be consistent with the general land uses, objectives, policies, and programs of the General Plan, any applicable specific plan or master development plan;
D.
Not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare;
E.
Comply with the conditions, requirements, restrictions, and terms of Section 16.128.060(B) (Preparation and content—Proposed development agreement); and
F.
Comply with the provisions of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines.
(Prior code § 16-525.080)
§ 16.128.090 Execution and recordation.
A.
Execution. If the applicant has not executed the development agreement and returned the executed agreement to the City Clerk within 30 days following the date of Council decision to approve the agreement, the development agreement application shall be deemed withdrawn. If this occurs the Council shall not adopt the ordinance and the City Manager shall not execute the agreement. The Council may extend the 30-day period if a written request is filed before the expiration.
B.
Effective Date. If approved by ordinance of the Council, the development agreement shall become effective upon notarized execution by the authorized representatives of all parties to the agreement, but no sooner than 30 days after final passage and adoption of the ordinance.
C.
Mutual Consent. A development agreement may be executed only on the mutual consent of each party to the agreement.
D.
Other Permits or Entitlements. The provisions of this chapter shall not be interpreted to prohibit the Director, Commission, or Council from conditioning the approval of other discretionary permits or entitlements after the execution of a development agreement, where the conditions are otherwise authorized by law.
(Prior code § 16-525.090)
§ 16.128.100 Environmental review.
The approval or conditional approval of a development agreement in compliance with this chapter shall be deemed a discretionary act for purposes of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines.
(Prior code § 16-525.100)
§ 16.128.110 Periodic review.
A.
Subject to Periodic Review. Every development agreement, approved and executed in compliance with this chapter, shall be subject to periodic review of the applicant's/contracting party's compliance with the agreement, by the Commission, during the full term of the agreement, as specified in the agreement, but in no case less frequently than once every 12 months. Appropriate fees to cover the City's cost(s) to conduct the periodic reviews in compliance with the Council's fee resolution shall be collected from the applicant/contracting party.
B.
Purpose of Review. The purpose of the periodic review shall be to determine whether the applicant/contracting party and/or the successor(s)-in-interest has complied in good faith with the terms and/or conditions of the development agreement. The burden of proof shall be on the applicant/contracting party and/or the successor(s)-in-interest to demonstrate compliance, to the full satisfaction of, and in a manner specified by, the City.
C.
Result of Review. If, as a result of a periodic review in compliance with this section, the Commission finds and determines, on the basis of substantial evidence, that the applicant/ contracting party and/or the successor(s)-in-interest, as applicable, has not complied in good faith with the terms or conditions of the agreement, the Director shall notify the applicant and/or their successor(s)-in-interest of the findings by certified mail. The notification shall state that failure to comply within a period specified, but in no event less than 30 days, may result in legal action to enforce compliance, termination, or modification of the development agreement.
D.
Duty of the Applicant. It is the duty of the applicant and/or the successor(s)-in-interest to provide evidence of good faith compliance with the agreement to the Commission's satisfaction at the time of the review. Refusal by the applicant and/or the successor(s)-in-interest to provide the required information shall be deemed grounds for termination of the development agreement.
E.
Modification or Termination of the Agreement. If, at the end of the time period established by the Director, the applicant and/or the successor(s)-in-interest has failed to comply with the terms of the agreement.
1.
Commission's Notification. The Commission shall notify the Council of its findings, recommending action as it deems appropriate.
2.
Council's Action. If the Commission reports a violation of a development agreement, the Council may take one or more of the following actions:
a.
Approve the Commission's Recommendation. Approve the recommendation of the Commission instructing that appropriate action be taken in cases other than a recommendation to terminate or modify an agreement;
b.
Refer Back to the Commission. Refer the matter back to the Commission for further proceedings with or without instructions; or
(Prior code § 16-525.110)
§ 16.128.120 Modification or termination of development agreement.
A development agreement may be modified or terminated, in whole or in part, by mutual consent of all parties to the agreement or the successor(s)-in-interest in compliance with State law (Government Code Section 65868).
A.
Initiated by the City. If the development agreement was initiated by the City, the City shall first give written notice to each party other than the City who executed the agreement of its intention to initiate a modification or termination not less than 30 days in advance of giving public notice of the hearing to consider the modification or termination.
B.
Modifications.
1.
Major Modification. Any modification to the development agreement which relates to the duration of the agreement, allowed uses of the property, density or intensity of use, height or size of proposed structures, or provisions for reservation or dedication of land shall be processed in the same manner identified by this chapter for the adoption of a development agreement.
2.
Minor Modification. All other modifications to the development agreement may be executed by an agreement between the parties and shall not require a noticed public hearing.
C.
Terminate Unilaterally. Nothing in this section shall limit or otherwise affect the City's ability to terminate unilaterally or modify a development agreement as a result of periodic review in compliance with Section 16.128.110 (Periodic review).
(Prior code § 16-525.120)
§ 16.128.130 Compliance.
A.
Performance Guarantees. The applicant/owner may elect to provide adequate performance security for the faithful performance of the implementation of a portion(s) of the agreement if the Director determines it may be implemented at a later specified date in compliance with Section 16.72.070 (Improvements (Plans, agreements and security)).
B.
Interpreting the Provisions. A recorded development agreement and any terms, conditions, maps, notes, reference, or regulations which are a part of the development agreement shall be considered enforceable elements of the Municipal Code. In interpreting the provisions of any development agreement entered into in compliance with this chapter, those provisions shall be read to fully effectuate, and to be consistent with, the language of this chapter, State law (Article 2.5 of the Government Code, cited above), and the agreement itself.
C.
Apparent Discrepancies. Should any apparent discrepancies between the meaning of these documents arise, reference shall be made to the following documents in the following order:
1.
The plain terms of the development agreement itself;
2.
The provisions of this chapter; and
3.
The provisions of State law (Article 2.5 of the Government Code, cited above).
(Prior code § 16-525.130)
§ 16.128.140 Effect of development agreement.
A.
Rules and Regulations. Unless otherwise provided by the development agreement, the rules, regulations, and official policies 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 rules, regulations, and official policies in force at the time of execution of the agreement. This does not apply to fees.
B.
New Rules and Regulations. Unless specifically provided for in the development agreement, the agreement does not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property under the development agreement, nor does a development agreement prevent the City from conditionally approving or disapproving any subsequent development project application on the basis of existing or new rules, regulations, and policies and periodic review.
(Prior code § 16-525.140)
§ 16.128.150 Subsequently enacted State and Federal laws.
In the event that State or Federal laws or regulations enacted subsequent to the execution of a development agreement prevent or preclude compliance with one or more provisions of the agreement, the provisions of the agreement shall be deemed modified or suspended to the extent necessary to comply with the State or Federal laws or regulations.
(Prior code § 16-525.150)
§ 16.128.160 Emergency situations.
The City may suspend the issuance of a building permit(s) for the subject development project after a noticed hearing in compliance with Chapter 16.88 (Review Procedures), if it finds that failure do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both.
(Prior code § 16-525.160)
§ 16.128.170 Enforcement.
A.
Enforceability. Unless and until amended or canceled, in whole or in part, in compliance with Section 16.128.120 (Modification or termination of development agreement), a development agreement shall be enforceable by any party to the agreement, notwithstanding any change in any applicable General Plan, specific plan, precise road plan, or master development plan, or zoning, subdivision, or building regulations adopted by the City which alters or amends the rules, regulations, or policies specified in the development agreement.
B.
Injunctive Relief. If the Council finds that significant public harm would result from noncompliance with the terms and conditions of a development agreement by the applicant(s) or successor(s)-in-interest and further finds that the potential harm to the public outweighs any potential harm to the applicant(s) or their successor(s)-in-interest so that injunctive relief is the most appropriate way to protect against public harm, the City may, in addition to any other remedy or relief provided by law, enforce an adopted development agreement and any of its terms by a temporary, preliminary, or permanent injunctions issued by a court of competent jurisdiction.
(Prior code § 16-525.170)
§ 16.128.180 Benefits and burdens to successors.
The burden of a development agreement shall be binding upon, and the benefits of the agreement shall inure to, all successor(s)-in-interest to the parties to the agreement.
(Prior code § 16-525.180)
§ 16.128.190 Approved development agreements.
Development agreements approved by the Council shall be on file with the City Clerk.
(Prior code § 16-525.190)
§ 16.130.010 Purpose.
It is the purpose of this chapter to provide a procedure by which the Director may consider the appropriateness of a request to remove a heritage tree, as defined in Division 8 (Glossary).
(Ord. 015-09 C.S., eff. 12-3-09)
§ 16.130.020 Review Authority.
The Director is the Review Authority for permits to remove heritage trees. The decision of the Director is subject to an appeal to the Council in compliance with Chapter 16.100 (Appeals).
(Ord. 015-09 C.S., eff. 12-3-09)
§ 16.130.030 Permits.
A.
Filing. An application to remove one or more heritage trees shall be completed, filed with the Department, and processed in compliance with Chapter 16.84 (Application Filing, Processing, and Fees), and shall be accompanied by the fee required by the Council's fee resolution.
C.
Decision. Following review of each application and any written or oral testimony, the Director shall decide if a permit should be granted.
1.
Basis of Decision. The Director's decision shall be based on the following facts:
a.
The condition of the tree with respect to disease, danger of falling, proximity to existing or proposed structures, and interference with utility services;
b.
The necessity to remove the tree in order to construct any proposed improvements, and the possibility of revising proposed tentative maps and improvement plans in order to save the trees;
c.
The topography of the land and the effect of the removal of the tree on erosion, soil retention and diversion or increased flow of surface waters;
d.
The number of similar trees existing in the vicinity.
2.
Director's Determination.
a.
Approval. If the Director determines that the removal of a heritage tree may be acceptable:
i.
Notice. A notice shall be sent to property owners and residents within 300 feet of the property on which the tree is located.
ii.
Hearing. The Director shall hold a public hearing regarding the removal of the heritage tree if a request for a public hearing is received during the 10-day noticing period.
iii.
Decision.
(A)
If there is no request for a public hearing or the Director determines that the heritage tree may be removed following a public hearing, the application is approved and the applicant may remove the heritage tree.
(B)
If the Director determines that the heritage tree shall not be removed following a public hearing, the application is denied and the applicant shall not remove the heritage tree.
(Ord. 015-09 C.S., eff. 12-3-09)
§ 16.130.040 Fines.
A.
Anyone removing or effectively removing, as defined in Division 8 (Glossary), a heritage tree(s) without a permit in compliance with Section 16.130.030 (Permit) shall be subject to a fine in compliance with the Council's fee resolution.
B.
All fines shall be used to purchase and plant replacement trees in compliance with Section 16.130.060 (Replacement).
(Ord. 015-09 C.S., eff. 12-3-09)
§ 16.130.050 Emergency.
In circumstances where the condition of a heritage tree poses an imminent threat to public health, safety, or welfare requiring immediate removal, as determined by the Director, a public hearing in compliance with Section 16.130.030 (Permit) shall not be required; a permit to remove the heritage tree, signed by the Director, shall be obtained prior to the removal of the heritage tree. In such case where a person has been granted a permit for an emergency removal, payment of the permit fee shall not be required. Emergency removals do not require replacement.
(Ord. 015-09 C.S., eff. 12-3-09; Ord. 2020-12-01-1502 C.S. § 34)
§ 16.130.060 Replacement.
Except for an emergency removal of a heritage tree in compliance with Section 16.130.050 (Emergency), any heritage tree that is removed or effectively removed shall be replaced on a three for one basis at the discretion of the Director. The size of the replacement trees shall be determined by the Director based on the size of the tree that was removed, but shall be at least 15-gallon container stock. If possible, the replacement trees shall be planted on the same parcel as the tree that was removed. In those cases where it is not possible to replace the tree on the same parcel, the replacement tree(s) shall be planted in a City park or other location determined by the Director.
(Ord. 015-09 C.S., eff. 12-3-09)
§ 16.132.010 Purpose of chapter.
This chapter is intended to provide a process for reviewing home occupation permit (HOP) applications which are intended to allow for business related activities which are deemed to cause minimal impact(s) on neighboring parcels, if conducted in compliance with the applicable standards of this Development Code and appropriate locational and operational conditions imposed by the Director.
(Prior code § 16-530.010)
§ 16.132.020 Review Authority.
The Director is the Review Authority for home occupation permits. The Director may review and approve a home occupation permit, subject to the appeal provisions of Chapter 16.100 (Appeals).
(Prior code § 16-530.020)
§ 16.132.030 Applicability.
This chapter shall apply to all residential dwelling units in the City, including legal nonconforming residential dwelling units.
(Prior code § 16-530.030)
§ 16.132.040 Exempt activities.
The following activities shall not be considered home occupations, are exempt from the requirements for a home occupation permit, and do not have to comply with the locational and operational standards identified in Section 16.80.160 (Home occupations), provided they occur no more than four days within a single calendar year:
A.
Boutique Sales. Boutique sales of products handmade at the residence by the resident(s), including jewelry, pottery, ceramics, glass and metal art, and craft products; does not include the assembly and sale of baskets, balloons, or other pre-purchased items;
B.
Garage Sales. Garage sales of used personal property owned by the resident(s).
(Prior code § 16-530.040; Ord. 023-07 C.S. § 109; Ord. 001-08 C.S. § 26)
§ 16.132.050 Allowable home occupations.
The following are deemed appropriate business activities when conducted by the resident(s) of a dwelling in a manner accessory to, and compatible with, the residential characteristics of the surrounding neighborhood. Specific uses listed in Section 16.132.060 (Prohibited home occupation uses), below, shall not be allowed as a home occupation even if the activity could be interpreted to fall under one of the following allowed activities. Allowable home occupations shall include, but are not limited to, the following activities:
A.
Art work; artist's and sculptor's studio activities;
B.
Computer use;
C.
Lessons which do not generate pedestrian or vehicular traffic in excess of that normally attributed to the residential dwelling in which it is located, including lessons for art, music, and similar fine-art related activities; swimming; and tutors;
D.
Office use;
E.
Sewing, dressmaking, tailoring, hatmaking, and fashioning of other apparel;
F.
Small handcraft;
G.
Custom, one-of-a-kind items;
H.
Items created or assembled by hand, hand tools, or small mechanical equipment;
I.
Telephone sales;
J.
Handyman/landscaping services;
K.
Online retail sales;
L.
Cottage food industry;
M.
Mobile retail (e.g., mobile, flea market, farmers market, and seasonal vendors);
N.
Non-medical transport; or
O.
Other uses that may, as determined by the Director, be of the same general character as those listed above, incidental to or compatible with residential activities, and not objectionable or detrimental to the applicable zoning district.
(Prior code § 16-530.050; Ord. 2020-06-09-1501 C.S. § 29)
§ 16.132.060 Prohibited home occupation uses.
The following uses, either by operation or nature, are considered not to be incidental to or compatible with residential activities and therefore shall not be allowed, under any circumstances, as home occupation activities, even if, the activity could be interpreted to fall under an allowed use listed in Section 16.132.050 (Allowable home occupations), above, except for the use of an office only for such an activity unless otherwise stated. Prohibited home occupations shall include the following activities:
A.
Adult entertainment activities;
B.
Animal hospitals and grooming facilities;
C.
Automotive and other vehicle (boats, motorcycles, or trucks) repair (body or mechanical), reconditioning, servicing, manufacture of any internal combustion or diesel engine, painting, or storage;
D.
Caterers;
E.
Commercial cabinet or furniture making businesses (Does not include woodworking as a hobby);
F.
Contractor's storage yards;
G.
Dismantling, junk, or scrap yards;
H.
Exercise studios;
I.
Massage, acupressure, fortune telling, and related activities, including offices for such uses;
J.
Medical clinics, laboratories, and offices;
K.
Non-office activities which are routinely conducted in commercial and industrial zoned areas;
L.
Sales of building materials and home furnishing materials including carpeting, floor covering, tile, lumber, and other similar materials;
M.
Uses which require explosives, flammable, or highly combustible or toxic materials, including guns and ammunition;
N.
Welding, industrial, and machine shop operations; or
O.
Other uses the Director determines to be similar to those listed above.
(Prior code § 16-530.060)
§ 16.132.070 Preparation and content.
The applicant shall prepare a home occupation permit application for review by the Director that shall include the following information:
A.
Application. Completed planning application form, with disclosure form, and required fee and attachments in compliance with the Department handout for home occupation permits;
B.
Signature(s) Required. The application shall be signed by the applicant for the home occupation permit. If the applicant is not the owner of the property where the home occupation is to be conducted, the application shall be signed by the owner or a signed statement from the owner approving the use of the dwelling unit for home occupation purposes shall be submitted with the application, in addition to the signature of the applicant; and
C.
Detailed Description. Accurate and detailed description of the proposed use, including the location for the storage of materials and equipment and the total square footage to be utilized for the home occupation.
(Prior code § 16-530.070)
§ 16.132.080 Application filing, processing, and review.
A.
Filing. An application for a home occupation permit shall be completed and filed with the Department and shall be accompanied by the fee required by the Council's fee resolution. For apartments, a site plan shall be submitted showing the location of the apartment proposed to be used for the home occupation.
B.
Compliance With Standards. Upon acceptance of a home occupation permit application, the Director shall review the request for compliance with the locational and operational standards identified in Section 16.80.160 (Home occupations) and the requirements of this chapter. The review may include on-site inspection of the subject parcel, if deemed necessary by the Director.
C.
Notice. Notice shall not be required for home occupation permits.
(Prior code § 16-530.080; Ord. 018-06 C.S. § 1; Ord. 023-07 C.S. § 110)
§ 16.132.090 Findings and decision.
A.
Decision. A home occupation permit application may be approved, approved with conditions, or disapproved by the Review Authority in compliance with Section 16.132.080(C) (Procedures). CC&Rs shall not be considered by the Review Authority in rendering a decision on the home occupation permit application. It is the responsibility of the applicant to establish evidence in support of the required findings.
B.
Findings. A home occupation permit application may be approved by the applicable Review Authority only if all of the following findings of fact can be made:
1.
The requested home occupation is not prohibited in compliance with Section 16.132.060 (Prohibited home occupation uses);
2.
The requested home occupation permit would comply with the locational and operational standards identified in Section 16.80.160 (Home occupations); and
3.
The establishment, maintenance, or operation of the proposed home occupation at the location proposed would not adversely impact, endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed home occupation.
(Prior code § 16-530.090)
§ 16.132.100 Post approval procedures.
Unless otherwise stated below, the requirements for use of property, owner responsibility, issuance of a business license, maintenance, and expiration of the project following approval of a home occupation permit shall be in compliance with Chapter 16.92 (Implementation Procedures, Conditions, and Requirements). In addition, the following procedures may apply after approval of a home occupation permit:
B.
Effective Date. A home occupation permit shall be effective on the date the home occupation permit is issued by the Director, or if appealed, 10 days after approval by the Commission;
C.
Expiration Before Initiation/Extension. Expiration/extensions in compliance with Chapter 16.96 (Expirations and Extensions);
D.
Changes to a Home Occupation Permit. Changes to the project in compliance with Chapter 16.104 (Changes to an Approved Project);
E.
Inspections. The Director shall have the right at any time, upon written request at least three days prior, to enter and inspect the premises subject to a home occupation permit in order to verify compliance with the locational and operational standards identified in Section 16.80.160 (Home occupations). Refusal of an inspection is grounds for a revocation/modification in compliance with Chapter 16.108 (Revocation and Modification);
F.
Nontransferable. A home occupation permit shall be applicable only to the applicant and the location identified in the application, and may not be transferred to another person or location; and
(Prior code § 16-530.100; Ord. 023-07 C.S. § 111)
§ 16.136.010 Purpose of chapter.
This chapter is intended to provide a review procedure for development projects identified in Table 2-2 as requiring a land development permit "L" in order to:
A.
Protection. Protect the integrity and character of the residential, commercial, and industrial areas of the City, consistent with the general land uses, goals, objectives, implementation programs, and policies of the General Plan;
B.
Adequate Review. Ensure adequate review and input for all development projects which potentially impact the community in order to protect the integrity of each land use and zoning district;
C.
Placement. Encourage the orderly placement of structures within the City along with associated facilities, landscaping, parking areas, signs, and streets;
D.
Interdependency. Recognize the interdependence of land values and the appropriate development and layout of a site, and provide a method by which the City may strengthen this interdependence; and
E.
Discourage Adverse Impacts. Ensure that new development, including residential, commercial, and industrial, builds on the City's traditional character and does not result in an adverse aesthetic, health, or safety impact upon existing adjoining properties, or the City in general.
(Prior code § 16-535.010)
§ 16.136.020 Review Authority.
The Director is the Review Authority for Land Development Permits. The Director may defer action and refer the application directly to the Commission.
A.
Decision. Review the land development permit application; or
B.
Referral. Elect to defer action and refer the application directly to the Commission in compliance with Section 16.88.050(C) (Public hearing review procedure) for actions in which the Commission is the Review Authority.
(Prior code § 16-535.020)
§ 16.136.030 Applicability.
The review of projects for appropriate and efficient development and layout of a site is an integral part of the development approval process. Therefore, the following, unless exempt under Section 16.136.040 (Exemptions), shall require review and approval of a land development permit by the Director:
A.
Land Development Permit Required by Applicable Zoning. Each use identified as requiring a land development permit "L" in Table 2-2, if:
B.
Other Land Use Activities. The following land use activities shall be allowed with a land development permit:
1.
Model Homes and Temporary Tract Sales Offices. Temporary model homes and tract sales office for a specific development project may be established within the area of an approved development project, solely for the sale of homes in that project; and
2.
Community Gardens. Community Gardens as identified in Table 2-2.
3.
Market Gardens/Urban Farms. Market gardens/urban farms as identified in Table 2-2.
(Prior code § 16-535.030; Ord. 2020-06-09-1501 C.S. § 30; Ord. 2020-09-15-1501 C.S. § 16)
§ 16.136.040 Exemptions.
Uses identified as requiring a land development permit in Table 2-2 shall not require a land development permit and shall be allowed, if the use would:
A.
Existing Structure. Be located in an existing structure and the structure would not be expanded;
B.
Same Structure or Site. Occupy the same, or smaller portion of, the structure or site than the existing or prior land use; and
C.
Less Intensive. Be the same as, or less intensive than, the existing or prior land use, as determined by the Director.
(Prior code § 16-535.040)
§ 16.136.050 Application filing, processing, and review procedures.
A.
Preliminary Review.
1.
The applicant may desire, or the Director may require, that a project be subject to a preliminary review before the formal submittal of an application for a project.
2.
The purpose of the preliminary consultation is to review the proposal and to advise the project applicant of the location and development requirements applicable to the proposed project.
B.
Filing. The application shall be completed, filed, and processed in compliance with Chapter 16.84 (Application Filing, Processing, and Fees).
C.
Project Review Procedures. Each application shall be reviewed by the Director to ensure that the application is consistent with the purpose and intent of this chapter.
1.
Commencement of Review. Project review is initiated when the Department receives a complete application package (e.g., all required attachments, elevations, plans, sample materials, specifications, etc.) as identified in the Department handout for Land Development Permits and any additional information required by the Director in order to conduct a thorough review of the proposed project.
2.
Application Review. Upon receipt of a complete application, the Director:
a.
Factors to be Considered. Shall conduct a review of the design, location, site plan configuration, and effect of the proposed development by comparing the project's plans to required location and development requirements identified in this Development Code; and
b.
Action. May:
i.
Review the application, including referral to City staff and specialists and on-site inspection of the subject parcel, if necessary; or
ii.
Defer action and refer the application to the Commission for final decision on the land development permit application. All applications that require the preparation of an environmental impact report shall be acted on by the Commission.
3.
Director's Action. If the Director elects to review the Land Development Permit application following the conclusion of the review of the application and related environmental documentation, the Director shall:
a.
Environmental Determination. Make an environmental determination in compliance with Section 16.88.040 (Environmental determination); and
b.
Application. Take one of the following actions on the application:
i.
Approve. If the application is approved, the approval shall be subject to the findings required by Section 16.136.060 (Findings and decision);
ii.
Approve With Conditions. Approve with conditions in compliance with Section 16.136.080 (Conditions of approval), and subject to the findings required by Section 16.136.060 (Findings and Decision); or
iii.
Require Revision of the Project. If it is determined that the project needs to be revised to meet the requirements of this Development Code, the Municipal Code, or the requirements of CEQA or the City's CEQA Guidelines, the applicant shall be provided a written statement of the revisions that would be required.
4.
Revised Plans. If the project needs to be revised or the required findings/recommendations may alter a proposed development:
a.
The applicant shall submit revised plans for a final review; or
b.
If the revised application does not comply with the conditions, recommendations, or required modifications for the project, the applicant shall submit a new application and pay any applicable fees in compliance with the Council's fee resolution.
D.
Noticing for Land Development Permit—Not Required. A public notice or hearing shall not be required for the Director's action on a land development permit. If the Director refers the application to the Commission or the decision of the Director is appealed, notice of the Commission's hearing shall be given in compliance with Section 16.88.030 (Public hearing notices).
E.
Site Plan Review—Not Required. If a land development permit is approved, no site plan review shall be required in compliance with Section 16.152.040 (Site plan review—Exemptions). The site plan for the land development permit shall be stamped and signed-off and submitted with any application for a building permit.
(Prior code § 16-535.050)
§ 16.136.060 Findings and decision.
The Review Authority shall provide the decision with the findings of fact on which the decision is based in writing. It is the responsibility of the applicant to establish evidence in support of the required findings. The Review Authority may approve the land development permit, with or without conditions, only if all of the following findings of fact can be made:
A.
The proposed land use activity is allowed within the subject zoning district with the approval of a land development permit and complies with all other applicable provisions of this Development Code and the Municipal Code;
B.
The proposed land use activity would be consistent with the general land uses, objectives, policies, and programs of the General Plan and any applicable specific plan, precise road plan, or master development plan;
C.
The subject site would be:
1.
Physically suitable for the type and density/intensity of use and structure(s) being proposed including the provision of services (e.g., sanitation, utilities, and water), public access, and the absence of physical constraints (e.g., earth movement, flooding, etc.);
2.
Adequate in size and shape to accommodate the use and all fences and walls, landscaping, loading, parking, yards, and other features required by this Development Code; and
3.
Served by streets adequate in width and pavement type to carry the quantity and type of traffic generated by the proposed development.
D.
The establishment, maintenance, or operation of the proposed land use activity at the location proposed would not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use; and
E.
The proposed permit would be in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines.
(Prior code § 16-535.060)
§ 16.136.070 Notice of decision.
The Review Authority shall provide written notice of the decision on the land development permit application to the applicant and interested parties within 10 days following the date of the decision.
(Prior code § 16-535.070)
§ 16.136.080 Conditions of approval.
In approving a land development permit, the Review Authority may impose specific development conditions relating to both on- and off-site improvements, as are reasonable and necessary to:
A.
Compliance With Findings. Ensure the approval would be in compliance with the findings required by Section 16.136.060 (Findings and decision);
B.
Compliance With Development Code. Ensure compliance with the standards and provisions of this Development Code; and
C.
Compliance With Zoning District. Carry out the purpose and requirements of the respective zoning district and any applicable overlay zone.
(Prior code § 16-535.080)
§ 16.136.090 Approved plans.
A.
Conformance. All work performed under a building permit for which drawings and plans have been approved under the procedures and requirements of this chapter shall conform to the approved drawings and plans.
(Prior code § 16-535.090)
§ 16.136.100 Post approval procedures.
Unless otherwise stated below, the requirements for use of property; owner responsibility; issuance of a business license, building permit, or certificate of occupancy; performance guarantees; maintenance; review of the project; and effective date of the project following approval of a land development permit shall be in compliance with Chapter 16.92 (Implementation Procedures, Conditions, and Requirements). In addition, the following procedures shall apply, as appropriate, after approval of a land development permit:
B.
Changes to a Land Development Permit. Changes to the project in compliance with Chapter 16.104 (Changes to an Approved Project);
(Prior code § 16-535.100)
§ 16.140.010 Purpose of chapter.
A.
The intent of a master development plan is to provide flexibility in the planning review process so that land use requirements are identified in a master development plan and there is minimal review of subsequent approvals if they are consistent with the adopted plan.
B.
This chapter is intended to provide a process for reviewing, processing, and approving master development plan applications which are intended to provide a comprehensive framework for the development of property which have a mixed use or university designation on the General Plan or for a specified geographical area that will be developed as a single concept.
(Prior code § 16-540.010)
§ 16.140.020 Review Authority.
The Council is the Review Authority for master development plans, based on the recommendation of the Commission.
(Prior code § 16-540.020)
§ 16.140.030 Applicability.
This chapter shall apply to property:
A.
Mixed Use Designation. Intended to be designated in the General Plan as mixed use;
B.
University Designation. Intended to be designated in the General Plan as university; or
C.
Other Areas. Which the Council believes would benefit from a single, unified concept in a defined geographical area.
(Prior code § 16-540.030)
§ 16.140.040 Initiation and pre-submittals.
A new, or amendment to an existing, master development plan may be initiated in the following manner:
A.
Council. By a resolution of intention adopted by the Council with referral to the Commission;
B.
Commission. By the Commission; or
C.
Property Owner. By an application for a master development plan or amendment to an existing master development plan filed by the property owner(s), their authorized agent, or an affected party. If the property for which a master development plan or amendment is proposed is in more than one ownership, all of the owners or their authorized agent(s) shall join in filing the application.
1.
Pre-Application Conference. If initiated by the property owner, an authorized agent, or an affected party, a pre-application conference with the Director is strongly suggested before the filing of a formal master development plan application.
2.
Concept Plan. Before the preparation of the master development plan, the applicant shall have the option to prepare a concept plan which shall describe the proposed uses in a brief, simple manner so as to convey the development concept quickly and easily without considerable expense to the property owner.
(Prior code § 16-540.040)
§ 16.140.050 Preparation and content.
An applicant shall prepare a draft master development plan for review by the City that includes detailed information in the form of text and diagram(s), organized in compliance with the Department handout for master development plans. The following information shall be provided at a minimum:
A.
Proposed Land Uses. The distribution, location, and extent (e.g., density, intensity, etc.) of land uses proposed within the area covered by the Master Development Plan, including open space areas;
B.
Infrastructure. A description of the major components of public and private facilities, including circulation/transportation, energy, sanitary sewage, solid waste disposal, water, storm water drainage, and other essential facilities proposed to be located within the master development plan area and needed to support the proposed land uses;
C.
Land Use and Development Standards. Criteria, guidelines, and standards by which development would proceed, and standards for the conservation, development, and utilization of natural resources, where applicable;
D.
Implementation Measures. A program of implementation measures and environmental mitigation measures, including regulations, programs, public works projects, and financing measures necessary to carry out the proposed land uses, infrastructure, and development and conservation standards and criteria;
E.
Relationship to General Plan. A discussion of the relationship of the master development plan to the objectives, policies, general land uses, and programs of the General Plan; and
F.
Additional Information. The master development plan shall contain any additional information determined to be necessary by the Director based on the characteristics of the area to be covered by the plan, applicable policies of the General Plan, or any other issue(s) determined by the Director to be significant.
(Prior code § 16-540.050)
§ 16.140.060 Application filing, processing, and review.
A.
Application. A draft master development plan shall be filed with the Department in compliance with Section 16.140.050 (Preparation and content), and shall be accompanied by the required fee.
B.
General Plan and Zoning Map Amendments. For projects that will be designated as mixed use or university designations on the General Plan, applications for a General Plan and Zoning Map amendments shall be submitted concurrently with the application for a master development plan.
C.
Development Agreement. A development agreement in compliance with Chapter 16.128 (Development Agreements) to implement the master development plan shall be required to be processed concurrently with the master development plan and General Plan and Zoning Map amendments. For those master development plans that are initiated by the Council or Commission for a specified area, the development agreement shall be required to be processed at the time the specific portion of the master development plan area is proposed for development.
D.
Review and Processing.
1.
Master Development Plan. Each application shall be analyzed by the Director to ensure that the application is consistent with the purpose and intent of this chapter in compliance with Section 16.84.050 (Initial application review and environmental assessment).
2.
Environmental Review. The draft master development plan shall be subject to environmental review in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines.
E.
Development Review Committee (DRC). The DRC shall review the master development plan and make a recommendation for approval, approval with conditions, or disapproval to the Director.
F.
Notice and Hearings. A proposed master development plan shall be subject to public hearings before both the Commission and Council in compliance with Chapter 16.88 (Review Procedures) for actions in which the Council is the Review Authority.
G.
Adoption. The plan shall be adopted by resolution and may be amended as often as deemed necessary by the Council.
(Prior code § 16-540.060; Ord. 023-07 C.S. § 112; Ord. 015-09 C.S., eff. 12-3-09)
§ 16.140.070 General standards.
A.
Requirements and Standards. Unless clearly stated otherwise in the adopted master development plan, the provisions, regulations, requirements, and standards governing the development and ongoing operation of the sites covered by the master development plan shall be in compliance with the requirements of this Development Code and adopted City, County, and State standards and ordinances.
B.
Limitations. The Council shall have the authority to define and limit the requirements for each approved land use within the area covered by the adopted master development plan.
C.
Use of Consultants. The Council shall have the authority to enter into a contract with a consultant(s) to review a master development plan application, all related applications (e.g., General Plan and Zoning Map amendments, development agreement, etc.) and environmental documents. The project applicant shall be responsible for reimbursing the City for all consultant-related expenses authorized by the City.
D.
Amenities. In addition to the minimum requirements for development, at least one amenity shall be provided for each master development plan area. Examples of amenities that may be provided include recreation facilities, community meeting halls, parks and play fields, tot lots, swimming pools, design features, water features, and similar amenities of a permanent nature.
E.
Homeowner's Association. The developer of a master development plan shall establish a homeowner's association for residential areas within the master development plan for the purpose of maintaining common areas and enforcing the required covenants, conditions and restrictions (CC&R).
F.
Acknowledgment of Master Development Plan/Development Agreement. All subsequent land owners and tenants occupying property within the area covered by the adopted master development plan shall sign a document specifying that they have received and reviewed a copy of the approved master development plan and/or the recorded development agreement which identifies the provisions, regulations, requirements, and standards governing the development and ongoing operation of the sites covered by the master development plan.
G.
State or Federal Laws and Regulations. This section shall not apply to State university or governmental uses or related activities or uses, including uses as may be exempt under State or Federal law or regulation. The mixed-use designation may be used to refer to activities in areas that include private activity subject to this section which is not integrated into the governmental or State university uses.
H.
Perimeter Requirements. The entire site shall be provided with a 20-foot wide landscaped perimeter setback, unless it is determined that the project, without a perimeter setback, would result in greater compatibility with the surrounding neighborhood(s).
(Prior code § 16-540.070; Ord. 023-07 C.S. § 113; Ord. 011-11 C.S. § 1, eff. 10-27-11)
§ 16.140.080 Findings and decision.
After a public hearing, the Review Authority shall provide the decision and the findings of fact on which the decision is based in writing. It is the responsibility of the applicant to establish evidence in support of the required findings.
A.
Approval. The master development plan may be approved or amended only if all of the following findings of fact can be made:
1.
Findings for Plan Approval and Amendments.
a.
The proposed master development plan would be consistent with the objectives, policies, general land uses, programs, and actions of all applicable elements of the General Plan;
b.
The master development plan would adequately address the physical development characteristics of the subject site(s);
c.
The development standards identified in the master development plan would serve to protect the public convenience, health, safety, and general welfare;
d.
Development of the subject site(s) covered by the master development plan would ensure a compatible land use relationship with the surrounding neighborhood;
e.
The master development plan would be in compliance with all applicable requirements of this Development Code, local ordinances, and State law; and
f.
The proposed master development plan or amendment would be in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines.
2.
Finding for Amendments Only. A master development plan amendment shall require the following finding in addition to those in subsection (A)(1) of this section: the proposed master development plan amendment would not create internal inconsistencies within the master development plan and is consistent with the purpose and intent of the master development plan it is amending.
B.
Disapproval. A master development plan shall be disapproved if the Review Authority is unable to make all of the required findings of fact.
(Prior code § 16-540.080)
§ 16.140.090 Notice of decision.
The Director shall provide written notice of the decision on the master development plan application to the applicant and interested parties within 10 days following the date of the decision.
(Prior code § 16-540.090)
§ 16.140.100 Conditions of approval.
In approving or amending a master development plan, the Council may impose specific development conditions relating to the construction (both on- and off-site improvements), establishment, location, maintenance, and operation of the proposed activities, as it finds are reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 16.140.080 (Findings and decision), and to carry out the purpose and requirements of the applicable General Plan designation and this Development Code.
(Prior code § 16-540.100)
§ 16.140.110 Post approval procedures.
Unless otherwise stated below, the requirements for use of property; owner responsibility; issuance of a business license, building permit, or certificate of occupancy; performance guarantees; maintenance; review of the project; and effective date of the project following approval of a master development plan shall be in compliance with Chapter 16.92 (Implementation Procedures, Conditions, and Requirements). In addition, the following procedures shall apply, as appropriate, after approval of a master development plan:
B.
Changes to a Master Development Plan. Development of a master development plan shall be established only as approved by the Council and subject to any conditions of approval, except where changes to the project are approved utilizing the same procedure used to approve the original master development plan. In addition, the Director may authorize minor changes to a master development plan as provided in the master development plan;
C.
Interpretation. The Director shall have the authority to interpret the precise language of the master development plan to determine if a proposed use, while not specifically listed as an allowable use, would be consistent with and share the same or similar characteristics of an allowed use identified in the adopted master development plan;
D.
Periodic Review. The Director shall review the adopted master development plan every five years to ensure compliance by the applicant or the successor(s)-in-interest. During this review, the applicant, or the successor(s)-in-interest, shall demonstrate compliance with the terms of the master development plan to the satisfaction of the Director. The burden of proof is upon the applicant or successor(s)-in-interest. If the applicant or successor(s)-in-interest are not in compliance, the City has the authority to initiate a General Plan and Zoning Map amendment;
E.
Revocation or Modification. Revocation or modification in compliance with Chapter 16.108 (Revocation and Modification); and
F.
Site Plan Review.
1.
Applicability. Site plan review, in compliance with Chapter 16.152 (Site Plan Review), shall be required to implement all or any portion of an adopted master development plan, except for those uses that require another type of discretionary permit (e.g., use permit, etc.) identified in the adopted master development plan.
2.
Director's Authority. The Director shall have the authority to issue an implementing Site Plan Review that is consistent with the adopted Master Development Plan.
(Prior code § 16-540.110)
§ 16.144.010 Purpose of chapter.
This chapter is intended to promote and encourage maximum flexibility in the residential, commercial, and industrial zoning districts of the City related to site planning, property development, cluster development, and the provision of open areas, while:
A.
Encourage. Encouraging innovation and creativity in the design and development of the residential, commercial, and industrial areas of the City;
B.
Ensure. Ensuring consistency with the General Plan and any applicable specific plan, precise road plan, or master development plan; and
C.
Protect. Protecting the public health, safety, welfare, integrity, and character of the residential, commercial, and industrial areas of the City.
(Prior code § 16-545.010)
§ 16.144.020 Review Authority.
The Commission is the Review Authority for planned development permits based on recommendation by the Development Review Committee and subject to appeal to the Council in compliance with Chapter 16.100 (Appeals).
(Prior code § 16-545.020)
§ 16.144.030 Applicability.
A.
Scope of Approval. Planned development permits are encouraged to produce a development of equal or greater quality than might otherwise occur with a more traditional development proposal. Therefore:
1.
The planned development permit may adjust or modify, where necessary and justifiable, all applicable development standards (e.g., building envelope, off-street parking, street layout, etc.) contained within this Development Code, with the exception of density/ intensity and outer perimeter front and side setback provisions;
2.
The proposal for the planned development permit shall include open space and aesthetic, recreational, and/or other amenities that enhance the planned development and the community;
3.
Only uses allowed in the zoning district for which the planned development is proposed shall be allowed; and
4.
Strict compliance with the General Plan shall be required.
B.
Review.
1.
At the time of application submittal, a review of the configuration, design, location, and effect of the proposed development shall be conducted by the Director.
2.
This review shall determine whether the permit should be approved by weighing the public need for, and the benefit(s) to be derived from, the proposed development against the potential negative effects it may cause.
(Prior code § 16-545.030)
§ 16.144.040 Development standards.
Each proposal for a planned development permit shall conform to the requirements of the planned development permit standards (Chapter 16.68).
(Prior code § 16-545.040)
§ 16.144.050 Application filing, processing, and review.
An application for a planned development permit shall be filed in compliance with Chapter 16.84 (Application Filing, Processing, and Fees) and shall include all information identified in the Department handout for planned development permits.
A.
Pre-Application Conference. A pre-application conference with the Director shall be strongly encouraged before submittal of a formal planned development permit application in compliance with Section 16.84.030 (Pre-application conference).
B.
Filing.
1.
Formal Application. The applicant may file a formal application either after a pre-application conference or without first participating in a pre-application conference.
2.
Fee. The application shall be filed with the fee required by the Council's fee resolution.
3.
Additional Information. The application shall contain any additional information beyond that required by the Department handout determined to be necessary by the Director based on the characteristics of the area to be covered by the plan, applicable policies of the General Plan, and any applicable specific plan, precise road plan, or master development plan, or any other issue(s) determined by the Director to be significant.
C.
Consistency. Each application shall be analyzed by the Director to ensure that it is consistent with the purpose and intent of this chapter and the City's CEQA Guidelines.
D.
Development Review Committee (DRC). The DRC shall review the proposed planned development permit and forward a written recommendation to the Director.
(Prior code § 16-545.050; Ord. 011-11 C.S. § 1, eff. 10-27-11)
§ 16.144.060 Findings and decision.
After a public hearing, the Commission shall provide the decision with the findings of fact on which the decision is based in writing. It is the responsibility of the applicant to establish evidence in support of the required findings. The planned development permit shall be approved, with or without conditions, only if all of the following findings of fact can be made:
A.
The proposed development would:
1.
Be allowed within the subject zoning district;
2.
Generally comply with all of the applicable provisions of this Development Code relating to both on- and off-site improvements that are necessary to accommodate maximum flexibility in site planning and property development and to carry out the purpose, intent, and requirements of the respective zoning district, including prescribed development standards; and
3.
Be consistent with the general land uses, objectives, policies, and programs of the General Plan and any applicable specific plan, precise road plan, or master development plan;
B.
There are adequate provisions for public utilities and services to ensure that the proposed development would not be detrimental to public health and safety;
C.
The establishment, maintenance, or operation of the proposed activity at the location proposed would not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use;
D.
The subject site would be:
1.
Physically suitable for the type and density/intensity of use and structure(s) being proposed including the provision of services (e.g., sanitation, utilities, and water), public access, and the absence of physical constraints (e.g., earth movement, flooding, etc.);
2.
Adequate in size and shape to accommodate the use and all fences and walls, landscaping, loading, parking, yards, and other features required by this Development Code; and
3.
Served by streets adequate in width and pavement type to carry the quantity and type of traffic generated by the proposed development.
E.
The proposed development would produce a comprehensive development of superior quality (e.g., appropriate variety of structure placement and orientation opportunities, appropriate mix of structure sizes, high quality architectural design, increased amounts of landscaping and open space, improved solutions to the design and placement of parking facilities, etc.) than might otherwise occur from more traditional development applications;
F.
The proposed design and development is innovative and creative and in compliance with the standards identified in Chapter 16.68 (Planned Development Permit Standards); and
G.
The proposed permit would be in compliance with provisions of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines.
(Prior code § 16-545.060)
§ 16.144.070 Notice of decision.
The Director shall provide written notice of the decision on the planned development permit application to the applicant and interested parties within 10 days following the public/final date of the decision.
(Prior code § 16-545.070)
§ 16.144.080 Conditions of approval.
In approving a planned development permit, the requirements of the Development Code are considered a minimum and the Commission may impose specific development conditions relating to the location, establishment, construction (both on- and off-site improvements), operation, and maintenance of the proposed activity, as it finds are reasonable and necessary to:
A.
Compliance With Findings. Ensure the approval would be in compliance with the findings required by Section 16.144.060 (Findings and decision);
B.
Compliance With Development Code. Ensure compliance with specific standards and provisions of this Development Code (e.g., density/intensity and outer perimeter setback provisions);
C.
Compliance With Zoning District. Ensure compliance with the purpose, intent, and requirements of the respective zoning district and any applicable overlay zone;
D.
Compliance With Planned Development Permit Standards. Ensure compliance with the standards identified in Chapter 16.68 (Planned Development Permit Standards);
E.
Accommodate Flexibility. Accommodate flexibility in site planning/property development; and
F.
Mitigate Impacts. Mitigate project-related adverse effects.
(Prior code § 16-545.080)
§ 16.144.090 Approved plans.
All work performed under a building permit for which drawings and plans have been approved under the procedures and requirements of this chapter shall conform to the approved drawings and plans.
(Prior code § 16-545.090)
§ 16.144.100 Post approval procedures.
Unless otherwise stated below, the requirements for use of property; owner responsibility; issuance of a business license, building permit, or certificate of occupancy; performance guarantees; maintenance; and review of the project following approval of a planned development permit shall be in compliance with Chapter 16.92 (Implementation Procedures, Conditions, and Requirements). In addition, the following procedures may apply after approval of a planned development permit:
B.
Effective Date. A planned development permit shall be effective after expiration of the 10-day appeal period in compliance with Section 16.92.090 (Effective date) or after approval of the final subdivision map by the Council if the land is to be subdivided, but no sooner than 10 days following approval by the Commission;
C.
Changes to a Planned Development Permit. Changes to the project in compliance with Chapter 16.104 (Changes to an Approved Project);
(Prior code § 16-545.100)
§ 16.148.010 Purpose of chapter.
A.
Process. This chapter is intended to provide a process for the preparation, adoption of, amendment of, and review of a precise road plan application.
B.
Roadway Scheme. A precise road plan would, at a minimum, identify the future rights-of-way requirements, roadway alignment, lane configurations, access restrictions, and intersection controls for the entire length or portions of the applicable roadways.
(Prior code § 16-550.010)
§ 16.148.020 Review Authority.
The Council is the Review Authority for precise road plans, based on the recommendation of the Commission.
(Prior code § 16-550.020)
§ 16.148.030 Applicability.
A precise road plan shall be prepared, processed, approved or disapproved, and implemented in compliance with this chapter for the following:
A.
Precise Road Plan Required. Cases where a Precise Road Plan is required by the General Plan and is in conformance with the General Plan or this Development Code to systematically implement the General Plan for any part of the City; and
B.
Focused Planning Effort. Areas that would benefit from a focused planning effort in which infrastructure, public service needs, and resource protection goals can be carefully examined and planned in a comprehensive manner.
(Prior code § 16-550.030)
§ 16.148.040 Initiation of precise road plans.
A precise road plan adoption/amendment may be initiated in the following manner:
A.
Council. By a resolution of intention adopted by the Council with referral to the Commission;
B.
Commission. By the Commission; or
C.
Property Owner. By an application being filed by the owner(s), or their authorized agent(s), of property which would be the subject of the precise road plan with applicable fee. If initiated by owner(s) of property, a pre-application conference with the Director shall be strongly encouraged before the filing of a formal precise road plan application.
(Prior code § 16-550.040)
§ 16.148.050 Preparation and content.
An applicant shall prepare a draft precise road plan application for review acceptable to the City and shall be prepared by a registered civil/traffic engineer and/or licensed land surveyor. The adoption/amendment shall include detailed information in the form of text and diagram(s) organized in compliance with the Department handout for precise road plans. The following information shall be provided:
A.
Roadway Information. The size of each sheet shall be 24 inches by 36 inches and the drawings shall be scaled at one inch to 50 feet. Additionally, reduced, legible drawings of each large drawing sized at eight and one-half (8-1/2) by 11 inches shall also be provided. The following information shall be contained in the drawings:
B.
Land Uses. Existing and proposed land uses, where applicable, affected by the precise road plan shall be indicated on the drawing;
C.
Traffic Analysis. A traffic analysis shall be prepared by an independent consultant, as an extension of City staff, to determine the impacts, if any of the proposed precise road plan amendment/adoption. The analysis shall be acceptable subject to the approval of the Director or designee. All supporting documentation shall be provided substantiating the conclusions of the traffic analysis; and
D.
Additional Information. The precise road plan shall contain any additional information determined to be necessary by the Director based on the characteristics of the area to be covered by the plan, applicable policies of the General Plan, or any other issue(s) determined by the Director to be significant.
(Prior code § 16-550.050; Ord. 015-09 C.S., eff. 12-3-09)
§ 16.148.060 Filing, processing, and review of precise road plans.
A.
Filing. A draft precise road plan shall be filed with the Department and shall be accompanied by the fee required by the Council's fee resolution.
B.
Review.
1.
The Director shall review the draft plan to determine whether it conforms with the purposes, intent, and provisions of this chapter in compliance with Section 16.84.050 (Initial application review and environmental assessment).
2.
If the draft plan is not in compliance, it shall be returned to the applicant with a written specification(s) as to why it does not comply, and with suggested revisions to ensure compliance.
C.
Development Review Committee (DRC). The DRC shall review the proposed precise road plan and forward a written recommendation to the Director.
(Prior code § 16-550.060)
§ 16.148.070 Findings and decision.
After a public hearing, the Review Authority shall provide the decision and the findings of fact on which the decision is based in writing. It is the responsibility of the applicant to establish evidence in support of the required findings. A precise road plan may be approved only if all of the following findings of fact can be made.
A.
Approval. A precise road plan shall only be adopted if it is determined that the proposed precise road plan would be:
B.
Disapproval. A precise road plan shall be disapproved if the Review Authority:
1.
Is unable to make all of the required findings of fact;
2.
If the Review Authority finds that traffic operations on the roadway and/or surrounding network would be negatively affected either now or in the future by the plan or amendment; or
3.
Finds that levels of service (LOS) standards would deteriorate to a level below the established General Plan standard.
(Prior code § 16-550.070)
§ 16.148.080 Method of adoption.
The precise road plan shall be adopted or amended by ordinance or by resolution of the Council and shall become effective on the 31st day following the date the public decision is rendered by the Council.
(Prior code § 16-550.080)
§ 16.148.090 Implementation and amendments.
A.
Consistency With Precise Road Plan. All public works projects, tentative maps or tentative parcel maps, and amendments to the Zoning Map for an area covered by a precise road plan may only be approved/adopted if it is first found to be consistent with the adopted precise road plan.
B.
Setback Areas. After the adoption of a precise road plan, setback requirements shall be established complying with the following standards:
1.
All required setback areas shall be measured from the setback lines established by the precise road plan.
2.
A structure or improvement shall not be placed within the setback line established in a precise road plan, except for temporary structure(s) or improvement(s) for which the property owner(s) has first filed the following with the City:
a.
Dedication of the land contained within the setback line specified in the precise road plan;
b.
A bond in an amount to be fixed by the City Manager;
c.
A written guarantee ensuring removal of any structure or improvement located in the setback area at the expense of the property owner(s) at the time the City states its intention to widen the street for which there is a precise road plan; and
d.
If the temporary structure or improvement is sold or leased, the existence of the temporary structure or improvement shall not cause the City to incur any additional expense, and any costs for removal shall become a lien against the property on which the temporary structure or improvement is located.
C.
Amendments. An adopted precise road plan may only be amended through the same procedure identified by this chapter for the adoption of a precise road plan.
(Prior code § 16-550.090)
§ 16.152.010 Purpose of chapter.
This chapter is intended to provide a review procedure for proposed development projects to:
A.
Expediency. Ensure that proposed projects comply with the applicable requirements before time and money have been spent preparing building plans in order to expedite the building permit process.
B.
Certainty. Increases the applicant's certainty during the 12 months the site plan review is valid.
C.
Consistency. Review any proposed development for consistency with:
1.
The general land uses, goals, objectives, implementation programs, and policies of the General Plan and any applicable specific plan or master development plan; and
D.
Protection. Protect the integrity and character of the residential, commercial, and industrial zoned areas of the City.
E.
Adequate Review. Ensure adequate review and comment on any development project, which may potentially affect the community, and protect the integrity of each land use district.
F.
Placement. Encourage the orderly placement of structures within the City along with associated facilities, landscaping, parking areas, signs, and streets.
G.
Interdependency. Recognize the interdependence of land values and the appropriate development and layout of a site and provide a method by which the City may strengthen this interdependence.
H.
Discourage Adverse Impacts. Ensure that new development, including single-family residential, commercial, and industrial, builds on the City's traditional character and does not result in an adverse aesthetic, health, or safety impact upon existing adjoining properties, or the City in general.
(Prior code § 16-555.010; Ord. 2020-12-01-1502 C.S. § 35)
§ 16.152.020 Review Authority.
The Director is the Review Authority for site plan reviews, based on the recommendation of the Site Plan Review Committee (SPRC).
(Prior code § 16-555.020)
§ 16.152.030 Applicability.
The Director shall review projects for the appropriate and efficient layout of a site as an integral part of the development approval process.
A.
Requires a Building Permit. Each project that requires approval of a building permit, unless exempted by Section 16.152.040 (Exemptions), shall require review and approval of a site plan review by the Director before:
B.
Change in Use. Each project that proposes to change an existing use to a different use of a structure, as defined in this Development Code, shall require that site plan review be completed and granted before the use of the structure is initiated.
C.
Change in Occupancy. Each project that proposes to change the occupancy of a building from the existing occupancy, as defined in the California Building Standards Code, shall require that site plan review be completed and granted before the building is occupied.
(Prior code § 16-555.030; Ord. 2020-12-01-1502 C.S. § 36)
§ 16.152.040 Exemptions.
A.
Not Required. A site plan review shall not be required for the following:
1.
Development Permits. Projects requiring a land development permit in compliance with Chapter 16.136 (Land Development Permit);
3.
Planned Development Permits. Projects obtaining a planned development permit in compliance with Chapter 16.144 (Planned Development Permits);
4.
Exterior Improvements. Exterior alterations, except for a change in use or a change in occupancy under the City's adopted California Building Standards Code, that do not involve a change in the footprint of an existing structure, or affect on-site parking or circulation;
5.
Fences and Walls. Standalone fences and walls no more than six feet in height that are independent of any other use or structure and not a retaining or sound wall;
6.
Interior Improvements. Alterations, repairs, or other changes to the interior of an existing structure, except for a change in use or a change in occupancy under the City's adopted California Building Standards Code;
7.
Maintenance and Replacement. Maintenance of a structure and its environment or replacement-in-kind that is of the exact same size and in the exact same location;
8.
Residential Developments. A residential development containing single-family, duplex, or triplex dwelling units;
9.
Minor Nonresidential Projects. A nonresidential project which does not involve more than a 10 percent expansion of the existing primary structure, does not adversely impact circulation or increase the required number of parking spaces by more than 10 percent, and does not result in the need for public right-of-way dedication or improvement; and
B.
Optional Review. Site plan review shall be available for exempt projects if requested by the applicant.
(Prior code § 16-555.040; Ord. 2020-09-15-1501 C.S. § 17; Ord. 2020-12-01-1502 C.S. § 37)
§ 16.152.050 Application filing, processing, and review procedures.
A.
Application. The site plan shall be prepared in compliance with the Department handout for site plan review.
B.
Initial Review. Each application shall be reviewed by the Director to ensure that the application is consistent with this Development Code and the purpose and intent of this chapter.
C.
Application Review. After the proposed site plan has been deemed complete, the Director shall submit the proposed site plan to the Site Plan Review Committee for their review and recommendation:
1.
Factors to Be Considered. Conduct a review of the location, design, site plan configuration, and effect of the proposed development by comparing the project's plans to:
a.
The requirements and standards in the Municipal Code;
b.
Required locational and developmental standards identified in this Development Code, including applicable standards for specific land uses in Chapter 16.80 (Standards for Specific Land Uses);
c.
Requirements of the City's California Building Standards Code; and
d.
The City's standard specifications and plans.
2.
On-Site Review. The review may include on-site inspection of the subject parcel, if deemed necessary by the Director.
3.
Site Plan Review Committee. After review of the proposed site plan, the Site Plan Review Committee shall make one of the following recommendations to the Director:
a.
In Compliance. The proposed site plan is in compliance with the requirements of this chapter and should be granted (signed and stamped);
b.
Very Minor Corrections. The proposed site plan would be in compliance with the requirements of this chapter with very minor corrections, which shall be identified on the site plan and should be granted (signed and stamped);
c.
Minor Corrections. The proposed site plan needs to be revised and resubmitted to the Department to verify the revisions, at which time it should be granted (signed and stamped); or
d.
Major Corrections. The proposed site plan needs to be revised and resubmitted for review by the Site Plan Review Committee in compliance with this section.
(Prior code § 16-555.050; Ord. 023-07 C.S. § 114; Ord. 2020-12-01-1502 C.S. § 38)
§ 16.152.060 Conformance to plans.
All work performed under a building permit for which drawings and plans have been approved under the procedures and requirements of this chapter shall conform to the approved drawings and plans. The signed and stamped site plan shall be submitted before, or at the same time as, the building permit application.
(Prior code § 16-555.060)
§ 16.152.070 Post issuance procedures.
Unless otherwise stated below, the requirements for use of property; owner responsibility; issuance of a business license, building permit, or certificate of occupancy; maintenance; and performance guarantees of the project following issuance of a site plan review shall be in compliance with Chapter 16.92 (Implementation Procedures, Conditions, and Requirements). In addition, the following procedures shall apply, as applicable, after issuance of a site plan review:
A.
Effective Date. A site plan review shall be effective on the date the signed and stamped site plan is issued by the Director;
B.
Changes to a Site Plan Review. Changes to the project in compliance with Chapter 16.104 (Changes to an Approved Project); and
C.
Expiration/Extension. The site plan review shall be void unless the required building permit is submitted within 12 months of the site plan review being issued. An extension may be requested; however, any extension shall be in compliance with the requirements of this Development Code in effect at the time of the extension request.
(Prior code § 16-555.070)
§ 16.156.010 Purpose of chapter.
A.
Process. This chapter is intended to provide a process for the preparation, review, and amendment of a specific plan application.
B.
Overall Development. A specific plan would, at a minimum, show the overall development, identify public facilities and capital infrastructure needed for the proposed project, and establish project specific development standards.
(Prior code § 16-560.010)
§ 16.156.020 Authorization.
§ 16.156.030 Review Authority.
The Council is the Review Authority for specific plans, based on the recommendation of the Commission.
(Prior code § 16-560.030)
§ 16.156.040 Applicability.
A specific plan shall be prepared, processed, approved (or disapproved), implemented, and amended in compliance with this chapter for the following:
A.
Specific Plan Required. Cases where a specific plan is required by the General Plan or this Development Code to systematically implement the General Plan for any part of the City;
B.
Focused Planning Effort. Areas that would benefit from a focused planning effort in which infrastructure, land use relationships, land use intensities, public service needs, and resource protection goals can be carefully examined and planned in a comprehensive manner; or
C.
Benefit the City. Other areas in which the Council believes the use of a specific plan would benefit the City.
(Prior code § 16-560.040)
§ 16.156.050 Initiation of specific plans.
A specific plan may be initiated as follows:
A.
Council. By the Council with referral to the Commission;
B.
Commission. By the Commission; or
C.
Property Owner. By an application being filed by the owner(s), or their authorized agent(s), of property which would be the subject of the specific plan along with the applicable fee. If initiated by owner(s) of property, a pre-application conference with the Director shall be strongly encouraged before the filing of a formal specific plan application.
(Prior code § 16-560.050)
§ 16.156.060 Preparation and content.
An applicant shall prepare a draft specific plan for review by the City that includes detailed information in the form of text and diagram(s), organized in compliance with a handout furnished by the Department and State law (Government Code Section 65451). The following information shall be provided:
A.
Proposed Land Uses. The distribution, location, extent, and timing and phasing of land uses proposed within the area covered by the specific plan, including open space areas;
B.
Infrastructure. The proposed distribution, location, extent, and intensity of major components of public and private drainage, energy, sewage, solid waste disposal, circulation/transportation, water, and other essential facilities proposed to be located within the specific plan area and needed to support the proposed land uses;
C.
Land Use and Development Standards. Standards, criteria, and guidelines by which development would proceed, and standards for the conservation, development, and utilization of natural resources, where applicable;
D.
Implementation Measures. A program of implementation measures, including regulations, programs, public works projects, and financing measures necessary to carry out the proposed land uses, infrastructure, and development and conservation standards and criteria;
E.
Relationship to General Plan. A discussion of the relationship of the specific plan to the objectives, policies, general land uses, and programs of the General Plan; and
F.
Additional Information. The specific plan shall contain any additional information determined to be necessary by the Director based on the characteristics of the area to be covered by the specific plan, applicable policies of the General Plan, or any other issue(s) determined by the Director to be significant.
(Prior code § 16-560.060)
§ 16.156.070 Filing, processing, and review of specific plans.
A.
Filing. A draft specific plan shall be filed with the Department, and processed in compliance with Chapter 16.84 (Application Filing, Processing, and Fees), and shall be accompanied by the fee required by the Council's fee resolution.
B.
Review.
1.
The Director shall review the draft specific plan to determine whether it conforms with the purpose, intent, and provisions of this chapter in compliance with Section 16.84.050 (Initial application review and environmental assessment).
2.
If the draft plan is not in compliance, it shall be returned to the applicant with a written specification(s) as to why it does not comply and with suggested revisions to ensure compliance.
C.
Development Review Committee (DRC). Following the specific plan being deemed complete, the DRC shall review the proposed specific plan and forward a written recommendation to the Director.
D.
Notice and Hearings.
(Prior code § 16-560.070)
§ 16.156.080 General standards.
A.
Requirements and Standards. Unless clearly stated otherwise in the adopted specific plan, the provisions, regulations, requirements, and standards governing the development and ongoing operation of the sites covered by the specific plan shall be in compliance with the requirements of this Development Code and adopted City, County, and State standards and ordinances.
B.
Use of Consultants. The Council shall have the authority to enter into a contract with a consultant(s) to review a specific plan application, all related applications (e.g., General Plan and Zoning Map amendments, development agreement, etc.) and environmental documents. The project applicant shall be responsible for reimbursing the City for all consultant-related expenses authorized by the City.
C.
Amenities. In addition to the minimum requirements for development, at least one amenity shall be provided for each specific plan area. Examples of amenities that may be provided include recreation facilities, community meeting halls, parks and play fields, tot lots, swimming pools, design features, water features, and similar amenities of a permanent nature.
D.
Homeowner's Association. The developer of a specific plan shall establish a homeowner's association for residential areas within the specific plan for the purpose of maintaining common areas and enforcing the required covenants, conditions and restrictions (CC&R).
(Prior code § 16-560.075; Ord. 023-07 C.S. § 115; Ord. 011-11 C.S. § 1, eff. 10-27-11)
§ 16.156.090 Findings and decision.
After a public hearing, the Review Authority shall provide the decision and the findings of fact on which the decision is based in writing. It is the responsibility of the applicant to establish evidence in support of the required findings. A specific plan may be approved only if all of the following findings of fact can be made.
A.
Approval. A specific plan shall only be adopted if it is determined that the proposed specific plan would be:
B.
Disapproval. A specific plan shall be disapproved if the Review Authority is unable to make all of the required findings of fact.
(Prior code § 16-560.080)
§ 16.156.100 Method of adoption.
The specific plan shall be adopted by ordinance, or by resolution of the Council, in compliance with State law (Government Code Section 65453) and shall become effective on the 31st day following the date the public decision is rendered by the Council.
(Prior code § 16-560.090)
§ 16.156.110 Implementation and amendments.
A.
Consistency With Specific Plan. All public works projects, tentative maps or parcel maps, and amendments to the Zoning Map for an area covered by a specific plan may only be approved/ adopted if it is first found consistent with the adopted specific plan.
B.
Interpretation. The Director shall have the authority to interpret the precise language of the specific plan to determine if a proposed use, while not specifically listed as an allowable use, would be consistent with and share the same or similar characteristics of an allowed use, identified in the adopted specific plan.
C.
Site Plan Review.
1.
Applicability. Site Plan Review, in compliance with Chapter 16.152 (Site Plan Review), shall be required to implement all or any portion of an adopted specific plan, except for those uses that require another type of discretionary permit (e.g., use permit, etc.) identified in the adopted specific plan.
2.
Director's Authority. The Director shall have the authority to issue a site plan that is consistent with the adopted specific plan.
D.
Amendments. An adopted specific plan may only be amended through the same procedure identified by this chapter for the adoption of a specific plan.
(Prior code § 16-560.100)
§ 16.160.010 Purpose of chapter.
This chapter is intended to identify the City's process for the initiation and processing of a street name change request.
(Prior code § 16-565.010)
§ 16.160.020 Review Authority.
A.
Uninhabited. The City Engineer is the Review Authority for street name changes if the property along the street is uninhabited.
B.
Inhabited. The Council is the Review Authority for street name changes, based on recommendation by the Commission, if the property along the street is inhabited.
(Prior code § 16-565.020)
§ 16.160.030 Initiation.
A request to change the name of an existing street may be initiated by:
A.
Council. By the Council with referral to the Commission;
B.
Commission. By the Commission;
C.
Property Owner/Occupant. An owner or occupant of property having frontage on the subject street; or
D.
Petitioner. Petition of interested parties.
(Prior code § 16-565.030)
§ 16.160.040 Process.
A street name change request shall be in compliance with the City's street naming standards (Section 16.72.160(A)) and shall be processed in either of the following manners:
A.
Uninhabited. Changes to the name of an uninhabited street shall be processed through a certificate of correction in compliance with Section 16.192.050 (Amendments to recorded maps).
B.
Inhabited. Changes to the name of an inhabited street shall be processed as follows:
1.
Application. A written request to change the name of an existing street shall be filed with the Department and shall be accompanied by the fee established in the Council's fee resolution.
2.
Referral. The Director shall refer the request to the appropriate City departments, County agencies, and other agencies for review and comment.
4.
Commission's Action. The Commission shall conduct a noticed public hearing in compliance with Chapter 16.88 (Review Procedures) for actions in which the Council is the Review Authority and the following:
a.
Notice. The notice shall be mailed to all owners and occupants of property having frontage on the subject street; and
5.
Council's Action. The Council shall conduct a noticed public hearing in compliance with Chapter 16.88 (Review Procedures) for actions in which the Council is the Review Authority and the following:
6.
City Clerk. If the requested name change is approved, the City Clerk shall:
7.
Effective Date. All street name changes shall become effective on January 1st of the year following the Council's action to approve the name change request, or four months after the date of the decision, whichever is later.
(Prior code § 16-565.040; Ord. 023-07 C.S. § 116)
§ 16.160.050 Cost for change of street name signs.
The petitioner shall be responsible for all costs associated with changing the street name sign(s).
(Prior code § 16-565.050)
§ 16.162.010 Purpose.
It is the purpose of this chapter to provide a procedure by which the Director may consider the appropriateness of a request to plant, remove, replace, or relocate a City street tree.
(Ord. 015-09 C.S., eff. 12-3-09)
§ 16.162.020 Review Authority.
The Director is the Review Authority for permits to plant, remove, replace, or relocate a street tree. The decision of the Director is subject to an appeal to the Council in compliance with Chapter 16.100 (Appeals).
(Ord. 015-09 C.S., eff. 12-3-09)
§ 16.162.030 Applicability.
A.
Permit Required.
1.
A permit from the Director shall be required for anyone, including a utility company operating under a franchise granted by the City of Stockton, to plant, remove or effectively remove, replace, or relocate a street tree.
2.
The application fee will be waived for the removal of street trees and stumps on the Public Works tree and stump removal list that are subject to a backlog in removal.
B.
Permit Not Required. A permit shall not be required:
1.
To Trim, Prune, or Maintain a Street Tree. Maintenance of trees includes deep root watering; root pruning; installing root barriers; clearance and structural trimming; fertilizing; pest control; removal of mistletoe, dead branches, leaves, and other debris; and the removal of branches to ensure visibility of traffic signs or the movement of pedestrians on sidewalks or vehicles on streets. Maintenance does not include the removal or effective removal of a street tree as defined in Section 16.240.020 (Definitions).
2.
For the planting of trees in compliance with a City approved plan.
(Ord. 015-09 C.S., eff. 12-3-09; Ord. 2022-07-12-1601-02 C.S. § 31)
§ 16.162.040 Permit application process.
A.
Filing. An application to plant, remove, replace, or relocate a street tree shall be completed, filed with the Department, and processed in compliance with Chapter 16.84 (Application Filing, Processing, and Fees), and shall be accompanied by the fee required by the Council's fee resolution.
B.
Contents. The application shall include:
1.
The number, species, circumference, and condition of existing street tree(s);
2.
A clear statement of the reasons for the request;
3.
If requested by the Director, a site drawing (to scale) showing the existing or proposed location of the street tree(s) in relation to the right-of-way and existing or proposed improvements.
C.
Decision. Following review of each application, the Director shall, in compliance with Section 16.88.050 (Review without notice procedure), decide if a permit should be granted.
1.
Notice. Notice shall not be required for street tree permits.
2.
Basis of Decision. The Director shall base the decision to grant the permit on one or more of the following reasons:
a.
Structural weakness;
b.
Disease and/or insect infestation;
c.
Destructive root system causing excessive damage to public and/or private improvements;
d.
Obstruction to a driveway or entranceway;
e.
Sidewalk and/or curb improvements for which an encroachment permit has been issued;
f.
Lack of a street tree in an appropriate location;
g.
House move; and/or
h.
New construction.
D.
Expiration. The permit shall expire 60 days after the date of issuance.
(Ord. 015-09 C.S., eff. 12-3-09; Ord. 011-11 C.S. § 1, eff. 10-27-11)
§ 16.162.045 Fines.
A.
Anyone removing or effectively removing, as defined in Division 8 (Glossary), a street tree(s) without a permit in compliance with Section 16.162.040 (Permit application process) shall be subject to a fine in compliance with the Council's fee resolution.
B.
All fines shall be used to purchase and plant replacement trees in compliance with Section 16.162.060 (Replacement).
(Ord. 011-11 C.S. § 1, eff. 10-27-11)
§ 16.162.050 Costs.
If the request for a permit is solely for the benefit of the applicant and the tree is planted, removed, replaced, or relocated, the cost of the planting, removal, replacement, or relocation shall be borne by the applicant.
(Ord. 015-09 C.S., eff. 12-3-09)
§ 16.162.060 Replacement.
Anyone who removes a street tree shall replace it on a one for one basis. The size and species of the replacement shall be determined by the Director based on the size of the tree that was removed, with the minimum size being a 15-gallon container stock. If possible, the replacement tree shall be planted on the same parcel as the tree that was removed; if not possible, it shall be planted in a City park or some other location determined by the Director. Such off-site planting shall be performed by a local contractor hired by the City. The applicant shall reimburse the City for the cost of any off-site planting together with a two and one-half (2.5) percent administration fee based on the actual cost of the planting contract.
(Ord. 015-09 C.S., eff. 12-3-09)
§ 16.162.070 Emergency removal.
In circumstances where the condition of a street tree poses an immediate threat to health or safety, as determined by the Director or the Public Works Director, or designee, the tree may be removed by the City without a permit; however, a permit shall be required for all other persons. In such case where a person has been granted a permit for an emergency removal, payment of the permit fee shall not be required. Emergency removals do not require replacement.
(Ord. 015-09 C.S., eff. 12-3-09; Ord. 011-11 C.S. § 1, eff. 10-27-11)
§ 16.164.010 Purpose of chapter.
A.
Process. This chapter is intended to provide a process for reviewing proposed temporary activities (e.g., events and uses) to ensure basic health, safety, and community welfare standards are met, and approving suitable temporary activities with the minimum necessary conditions or limitations consistent with the temporary nature of the activity.
B.
Short-Term Activities. A temporary activity permit allows short-term activities that might not meet the normal development or use standards of the applicable zoning district, but may otherwise be acceptable because of their temporary nature.
C.
Minimize Incompatibility. These activities should be regulated to minimize the potential incompatibility of a temporary activity and to limit its scope and duration to protect the public convenience, health, interest, safety, and general welfare.
(Prior code § 16-570.010)
§ 16.164.020 Review Authority.
The Director is the Review Authority for temporary activity permits, except as otherwise specified. The Director may:
A.
Decision. Review and approve, conditionally approve, or disapprove a temporary activity permit, subject to the appeal provisions of Chapter 16.100 (Appeals).
B.
Refer to Commission. Elect to defer action and refer the application directly to the Commission in compliance with 16.88.050.C (Public Hearing Review Procedure) so that the Commission is the Review Authority.
(Prior code § 16-570.020)
§ 16.164.030 Temporary activities.
A.
Activities Exempt from Temporary Activity Permit. The following temporary activities are allowed and exempt from the requirement for a temporary activity permit. Temporary activities that do not fall within the categories defined below shall comply with subsection B of this section (Activities allowed with temporary activity permit).
1.
Agricultural Activities. The grazing of animals or the production of a crop in conjunction with an agricultural activity.
2.
Boutique Sales. Boutique sales of products handmade at the residence by the resident(s) which occur no more than four days per calendar year.
3.
Car Washes. Car washes limited to 10 days per year for an individual location and 10 days per year for each sponsoring organization. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, and the car wash shall be located on nonresidential property.
4.
Construction Yards. An on-site contractors' construction yard, in conjunction with an approved construction project, where the yard would be located on the same site as the approved project.
5.
Emergency Facilities. Emergency public health and safety needs/land use activities.
6.
Garage Sales on Private Property. Garage sales on private property occurring no more than four days per calendar year.
7.
Model Homes and Temporary Tract Sales Offices. Temporary model homes and tract sales offices for a specific development project may be established, and kept until the project is sold out, within the area of an approved development project, solely for the sale of homes in that project and subject to a land development permit (Chapter 16.136).
8.
Outdoor Events and Seasonal Sales. Special events related to an existing business with temporary outdoor display/sales of merchandise and seasonal sales lots in conjunction with an established commercial business which:
9.
Allowed Uses. Temporary land uses in a zoning district, which allows that land use on a permanent basis in compliance with the permitting requirements in Table 2-2 (Allowable Land Uses and Permit Requirements).
10.
Signs for Subdivisions. Temporary signs advertising subdivisions and model homes, in compliance with Section 16.76.100(I)(1) (Subdivision signs) shall be allowed subject to a land development permit (Chapter 16.136).
11.
School Events. Events held exclusively on school grounds, and which are in conjunction with the school use.
12.
Special Events Permit. Activities requiring a special events permits in compliance with Chapter 12.72 of the Municipal Code.
13.
Temporary Work Trailer(s). Trailer or mobilehome as a temporary work site for employees of a business:
14.
Personal Celebrations. Noncommercial events at which people celebrate personal occasions such as birthdays, weddings, anniversaries, graduations, and similar events, provided:
15.
Community Gardens. The production of food in a form and scale that is appropriate for the urban context in compliance with Section 16.80.130 (Community gardens).
16.
Urban Agriculture Produce Stands. The production of food in a form and scale that is appropriate for the urban context, in compliance with Section 16.80.285 (Produce stands, Urban Agriculture).
17.
Other. Other temporary activities that the Director deems to be a suitable activity that is in compliance with this chapter.
B.
Activities Allowed with a Temporary Activity Permit. The following temporary activities may be allowed, subject to the issuance of a temporary activity permit by the Director upon recommendation from applicable City departments issued before the commencement of the activity. Activities that do not fall within the categories defined below shall comply with the use and development regulations and entitlement review provisions that otherwise apply to the property.
1.
Auctions. Temporary auctions, for no more than two days per calendar year per site, for the sale of items (e.g., antiques, collectibles, household components, motor vehicles, etc.) from the home or business on the site of the auction and that have been authorized to be sold by the auctioneer. A longer time period may be authorized with the approval of an administrative use permit in compliance with Chapter 16.168 (Use Permits).
2.
Construction Yards. An off-site contractors' construction yard, in conjunction with an approved construction project, where the yard would be located on a site different from the site of the approved project. The permit shall expire upon completion of the construction project, or the expiration of the companion building permit authorizing the construction project, whichever first occurs.
3.
Farmers' Markets. Farmers' markets for no more than two consecutive days per week at the same location.
4.
Swap Meets and Sale of Used Materials. Swap meets, rummage sales, secondhand sales, flea markets, or sale of used materials for no more than two consecutive days per calendar year.
6.
Temporary Residence. A mobilehome used as a temporary residence for the property owner when a valid building permit for a new single-family dwelling is in force. The permit may be approved for up to 12 months or expiration of the building permit, whichever first occurs.
7.
Seasonal Sales Lots.
a.
Seasonal sales activities (e.g., Halloween, Christmas, etc.) including temporary residence/security trailers, on nonresidential properties, for up to 45 days. If the application is for more than one seasonal sales activity, the temporary activity permit may be for up to 45 additional days for each additional activity to a maximum of 180 days.
b.
A permit shall not be required when the sales are in conjunction with an established commercial business holding a valid City business license in compliance with subsection (A)(10) of this section (Outdoor events and seasonal sales). Christmas tree lots and holiday sales facilities shall be in compliance with the standards in Section 16.80.110 (Christmas tree/holiday sales facilities).
c.
This category does not include produce stands (subsection (B)(5) of this section).
8.
Storage. Enclosed temporary storage, unrelated to a construction project, including a cargo container, containerized storage unit, and sea-train, may be approved for a maximum time of 12 months from the date of approval. An initial time period of more than 12 months may be authorized with the approval of an Administrative Use Permit in compliance with Chapter 16.168 (Use Permits).
9.
Temporary Nonresidential Structures. A temporary classroom, office, or similar structure, including a manufactured or mobile unit, may be approved, for a maximum time period of 12 months from the date of approval, as an accessory use or as the first phase of a development project. An initial time period of more than 12 months may be authorized with the approval of an Administrative Use Permit in compliance with Chapter 16.168 (Use Permits).
10.
Uses Allowed With a Discretionary Permit. A land use which requires a discretionary permit may operate for 12 months or less with a temporary activity permit.
11.
Similar Temporary Activities. Other temporary activities which, in the opinion of the Director, are similar in nature and intensity to those identified above.
(Prior code § 16-570.030; Ord. 023-07 C.S. §§ 117, 118; Ord. 001-08 C.S. §§ 27, 28; Ord. 015-09 C.S., eff. 12-3-09; Ord. 2020-06-09-1501 C.S. § 31; Ord. 2020-09-15-1501 C.S. § 18)
§ 16.164.040 Application filing, processing, and review.
A.
Application. An application for a temporary activity permit shall be filed in compliance with Chapter 16.84 (Application Filing, Processing, and Fees) and shall be accompanied by the fee required by the Council's fee resolution.
B.
Review Time. To ensure that the required approvals are obtained in sufficient time to initiate the activity, an application for a temporary activity permit shall be made on a form prescribed by the Director and filed with the Department at least 14 days before the scheduled activity.
C.
Review Procedure.
1.
A temporary activity permit may be approved, modified, conditioned, or disapproved by the Director in compliance with the review without notice procedure (Section 16.88.050(A)); or
2.
The Director may defer action and refer the application directly to the Commission in compliance with Section 16.88.050(C) (Public hearing review procedure) for actions in which the Commission is the Review Authority.
D.
Noticing for a Temporary Activity Permit—Not Required. A public notice or hearing shall not be required for the Director's action on a temporary activity permit.
E.
Additional Permits Required. Temporary activities may be subject to additional permits and other City approvals, licenses, and inspections required by applicable laws or regulations.
(Prior code § 16-570.040)
§ 16.164.050 Findings and decision.
The Review Authority may approve, modify, condition, or disapprove a temporary activity permit and shall only approve, with or without conditions or modifications, the temporary activity permit if all of the following findings of fact can be made. It is the responsibility of the applicant to establish evidence in support of the required findings.
A.
The proposed temporary activity would be consistent with the general land uses, objectives, policies, and programs of the General Plan and any applicable specific plan, precise road plan, or master development plan;
B.
The establishment, maintenance, or operation of the proposed temporary activity at the location proposed and within the time period(s) identified would not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed activity;
C.
The proposed site would be adequate in terms of location, shape, and size to accommodate the temporary activity;
D.
The proposed site would be adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary activity would reasonably generate;
E.
Adequate temporary parking to accommodate vehicular traffic to be generated by the temporary activity would be available either on-site or at an alternate location(s) which is acceptable to the Director;
F.
The design, location, size, and operating characteristics of the proposed temporary activity would be compatible with the existing and future land uses in the vicinity;
G.
Approved measures for removal of the temporary activity and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Development Code; and
H.
The proposed permit would be in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines.
(Prior code § 16-570.050)
§ 16.164.060 Development standards.
Standards for heights, landscaping areas, off-street parking, setbacks, and other structure and property development standards that apply to the category of use or the zoning district of the subject parcel shall be used as a guide for determining the appropriate development standards for temporary activities. However, the Review Authority may authorize an adjustment from the specific requirements as deemed appropriate, necessary, and reasonable.
(Prior code § 16-570.060; Ord. 2025-06-03-1601, 6/3/2025)
§ 16.164.070 Conditions of approval.
In approving a temporary activity permit, the Review Authority may impose specific development conditions relating to both on- and off-site improvements, which are found to be reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 16.164.050 (Findings and decision), and to carry out the purpose and requirements of the respective zoning district. These conditions may involve any pertinent factors affecting the operation of the temporary activity, and may include the following:
A.
Parking Facilities. Provision of temporary parking facilities, including vehicular access and egress.
B.
Regulation of the following:
1.
Nuisance factors including the prevention of glare or direct illumination of adjacent properties, dirt, dust, gasses, heat, noise, odors, smoke, or vibrations;
2.
Operating hours and days, including limitation of the duration of the temporary activity to a shorter time period than that requested;
3.
Signs; and
4.
Temporary structures and facilities, including height, placement, and size, and the location of equipment and open spaces, including buffer areas and other yards.
C.
Site Plan. Submission of a site plan indicating any information required by this chapter;
D.
Identified Conditions. At the discretion of the Director, the operators of certain temporary activities may be required to provide the following:
1.
Sanitary and medical facilities;
2.
Security and safety measures;
3.
Solid waste collection and disposal including the following:
a.
Containers for recycling cans, glass, paper, and plastic generated by the temporary activity,
b.
Information and guidance to ensure recycling of materials identified in subsection (D)(3)(a) of this section,
c.
Compliance with the City's solid waste recycling program, and
d.
Submission of a plan specifying efforts to reduce, reuse, or recycle the waste generated by the temporary activity;
4.
Submission of a performance guarantee (e.g., bond or other surety devices), in compliance with Section 16.92.130 (Performance guarantee) to ensure that any temporary facilities or structures used for the proposed temporary activity would be removed from the site by a specified date and time identified in the approved permit and that the property would be restored to its former condition, or better if warranted.
E.
Compliance With Other Regulations. Requirement that the approval of the temporary activity permit is contingent upon prior and continued compliance with applicable provisions of other local, County, State, or Federal laws or regulations.
F.
Other Conditions. Other conditions which would ensure the operation of the proposed temporary activity in an orderly and efficient manner in compliance with the intent and purpose of this chapter.
(Prior code § 16-570.070)
§ 16.164.080 Post approval procedures.
Unless otherwise stated below, the requirements for use of property, issuance of a business license or certificate of occupancy, and performance guarantees following approval of a temporary activity permit shall be in compliance with Chapter 16.92 (Implementation Procedures, Conditions, and Requirements). In addition, the following procedures may apply after approval of a temporary activity permit:
B.
Effective Date. A temporary activity permit shall be effective on the date the temporary activity permit is issued;
C.
Changes to a Temporary Activity Permit. Changes to the project in compliance with Chapter 16.104 (Changes to an Approved Project);
D.
Expiration of Permit. A temporary activity permit shall be considered to have expired if the activity for which the permit was granted ceased or was suspended for at least seven days, unless otherwise stated in the temporary activity permit;
E.
Expiration/Extension. Unless otherwise identified in the permit or by prior agreement with the Director, each approved permit shall expire if the approved activity has not been initiated within 30 days from the date on which the application was approved. Time extensions may be granted in compliance with Chapter 16.96 (Expirations and Extensions); there shall be no fee for the extension of temporary activity permits;
F.
Revocation/Modification. Revocation/modification in compliance with Chapter 16.108 (Revocations and Modifications); and
G.
Condition of the Site Following Temporary Activity. Each site occupied by a temporary activity shall be completely free of all evidence of the activity within seven days following the termination of the activity. Temporary activities that do not comply with this standard shall be subject to code enforcement action, in compliance with Chapter 16.224 (Enforcement).
(Prior code § 16-570.080)
§ 16.168.010 Purpose of chapter.
A.
Process. This chapter is intended to provide a process for reviewing use permit applications to allow for activities and uses identified in the various zoning districts, and whose effect on the surrounding area cannot be determined before being proposed for a particular location.
B.
Review and Input. This chapter is intended to ensure adequate review and input for any development project which may potentially impact the community and to ensure that the integrity of each land use district is protected.
C.
Review of Potential Impacts. At the time of an application for a use permit, a review of the configuration, design, location, and potential impact(s) of the proposed project shall be conducted by comparing the project to established standards. This review shall determine whether the permit should be approved by weighing the public need for, and the benefit to be derived from, the project against any impact(s) it may cause.
(Prior code § 16-575.010)
§ 16.168.020 Review Authority.
A.
Commission Use Permits. The Commission is the Review Authority for Commission use permits subject to appeal in compliance with Chapter 16.100 (Appeals).
B.
Administrative Use Permits. The Director is the Review Authority for Administrative use permits subject to appeal in compliance with Chapter 16.100 (Appeals). The Director may defer action and refer the application directly to the Commission in compliance with Section 16.88.050(B) (Review with notice procedure).
(Prior code § 16-575.020)
§ 16.168.030 Type and applicability.
A use permit is a permit issued by the City for land uses that, although allowed in a specific zoning district, have the potential to adversely affect other land uses, transportation and parking, or other facilities in the vicinity. The use permit contains conditions to eliminate, or minimize to an acceptable level, any potentially adverse effects of the use. Uses requiring use permits are identified on Table 2-2 (Allowable Land Uses and Permit Requirements). Use permits include the following types:
A.
Commission Use Permits. Permits for uses that have the potential for a significant impact on surrounding areas, either because of the size of the project or the nature of the use. Commission use permits are subject to review by the Commission and are identified by a "C" on Table 2-2 (Allowable Land Uses and Permit Requirements).
B.
Administrative Use Permits. Permits for uses that have the potential for a slight, although definite, impact on surrounding areas. Administrative use permits are subject to review by the Director and are identified by an "A" on Table 2-2 (Allowable Land Uses and Permit Requirements).
(Prior code § 16-575.030)
§ 16.168.040 Application filing, processing, and review.
A.
Filing. An application for a use permit shall be completed, filed with the Department, and processed in compliance with Chapter 16.84 (Application Filing, Processing, and Fees), and shall be accompanied by the fee required by the Council's fee resolution.
C.
Analysis. Each application shall be analyzed by the Director to ensure that the application is consistent with the purpose and intent of this chapter in compliance with Section 16.84.050 (Initial application review and environmental assessment). The Director may defer action and refer the application directly to the Commission in compliance with Section 16.88.050(C) (Public hearing review procedure).
D.
Notice and Hearing. Following review by the Director, notice shall be provided in compliance with Section 16.88.030 (Public hearing notices).
1.
Commission Use Permit. The Commission shall review an application for a Commission use permit. Public noticing and the conduct of the hearings shall be in compliance with Chapter 16.88 (Review Procedures) for actions in which the Commission is the Review Authority.
2.
Administrative Use Permit. After the review period, the Director shall:
a.
Hearing Request. If a public hearing is requested, conduct a public hearing in compliance with Section 16.88.050(B) (Administrative review procedure).
b.
No Hearing Request. If no request is received for a public hearing, either:
i.
Approve, conditionally approve, or disapprove an Administrative Use Permit in compliance with the administrative review procedure (Section 16.88.050(B)); or
ii.
Defer action and refer the application directly to the Commission in compliance with the public hearing review procedure (Section 16.88.050(C)) for actions in which the Commission is the Review Authority.
(Prior code § 16-575.040)
§ 16.168.050 Findings and decision.
Following appropriate review, the applicable Review Authority shall provide the decision with the findings of fact on which the decision is based in writing. It is the responsibility of the applicant to establish evidence in support of the required findings. The use permit (Commission or administrative) shall be approved, with or without conditions, only if all of the following findings of fact can be made:
A.
General Findings. The following findings shall be made for all use permits:
1.
The proposed use is allowed within the subject zoning district with the approval of a use permit and complies with all other applicable provisions of this Development Code and the Municipal Code;
2.
The proposed use would maintain or strengthen the integrity and character of the neighborhood and zoning district in which it is to be located;
3.
The proposed use would be consistent with the general land uses, objectives, policies, and programs of the General Plan and any applicable specific plan or master development plan;
4.
The subject site would be physically suitable for the type and density/intensity of use being proposed including the provision of services (e.g., sanitation and water), public access, and the absence of physical constraints (e.g., earth movement, flooding, etc.);
5.
The establishment, maintenance, or operation of the proposed use at the location proposed and for the time period(s) identified, if applicable, would not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, peace, or general welfare of persons residing or working in the neighborhood of the proposed use;
6.
The design, location, size, and operating characteristics of the proposed use would be compatible with the existing and future land uses on-site and in the vicinity of the subject property; and
7.
The proposed action would be in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines.
B.
Problems Uses. In addition to the findings in subsection A of this section (General findings), the following findings shall be made for all uses defined as "problem uses" in Division 8 (Glossary):
1.
The proposed use is not likely to interfere with the comfortable enjoyment of life or property in the area;
2.
The proposed use will not increase or encourage the deterioration or blight of the area; and
3.
The establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation, improvement, or redevelopment, either residential or nonresidential.
C.
Alcoholic Beverages. In addition to the findings in subsection A of this section (General findings) and subsection B of this section (Problem uses), the following findings shall be made for all uses which incorporate "alcoholic beverage sales activity" as defined in Section 16.80.040:
1.
The proposed use will not result in repeat nuisance activity on or in close proximity to the premises. Nuisance activity includes, but is not limited to: disturbing the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination/defecation, theft, assaults, batteries, acts of vandalism, excessive littering, loitering, graffiti, illegal parking, excessive loud noise (especially in the late night or early morning hours), traffic violations, curfew violations, lewd conduct, or police detentions and arrests;
2.
The owners and all employees of the establishment would complete an approved course in Licensee Education on Alcohol and Drugs (LEAD), or other "Responsible Beverage Sales" (RBS) or any other California Department of Alcoholic Beverage Control Board (ABC) approved program within 60 days of hire for employees hired after the passage of this Development Code or within six months of the passage of this Development Code for existing employees. To satisfy this requirement, a certified program must meet the standards of the Alcohol Beverage Control Responsible Beverage Service Advisory Board, Service Advisory Board or other certifying/licensing body designated by the State of California;
3.
The proposed use will comply with all provisions of local, state and federal laws, rules, regulations, policies, or orders, including, but not limited to, those promulgated and or enforced by the ABC, California Business and Professions Code Sections 24200, 24200.6, and 25612.5, and any condition imposed on any valid permit(s) issued pursuant to applicable laws, regulations or other authority. This includes compliance with annual city business license fees; and
4.
If required by Business and Professions Code Section 23958.4, public convenience or necessity would be served by the issuance of this Commission Use Permit or land development permit. In making a determination of public convenience or necessity, the applicable Review Authority may consider criteria, including, but not limited to, the following:
a.
Proximity and number of other establishments selling alcohol;
b.
Proximity of the establishment to schools, playgrounds, and other facilities serving young people;
c.
Proximity of the establishment to residential neighborhoods;
d.
Whether the establishment provides a wide range of desirable goods and services or a unique type of goods or services;
e.
Whether the establishment has Building Code and/or Health Code violations; and
f.
Whether the establishment will negatively influence the rate of criminal activity in the neighborhood, including, but not limited to, the following: loitering and vandalism, public drinking and drunkenness, illegal drug usage and sales, theft or violent behavior.
(Prior code § 16-575.050; Ord. 2016-01-26-1601 C.S. § 6)
§ 16.168.060 Notice of decision.
The Director shall provide written notice of the decision on the use permit application to the applicant and interested parties within 10 days following the public/final date of the decision.
(Prior code § 16-575.060)
§ 16.168.070 Conditions of approval.
In approving a use permit, the requirements of this Development Code are considered a minimum and the applicable Review Authority may impose specific development conditions relating to the location, establishment, construction (both on- and off-site improvements), operation, maintenance, and duration of the proposed activity, as it finds are reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 16.168.050 (Findings and decision), and to carry out the purpose and requirements of the respective zoning district and any applicable overlay zone.
(Prior code § 16-575.070)
§ 16.168.080 Post approval procedures.
Unless otherwise stated below, the requirements for use of property; owner responsibility; issuance of a business license, building permit, or certificate of occupancy; performance guarantees; maintenance; effective date; and the review of the project following approval of a use permit shall be in compliance with Chapter 16.92 (Implementation Procedures, Conditions, and Requirements). In addition, the following procedures shall apply, as applicable, after approval of a use permit:
B.
Changes to a Use Permit. Changes to the project in compliance with Chapter 16.104 (Changes to an Approved Project);
C.
Expiration/Extension. Expiration and extensions of use permits that have not been initiated in compliance with Section 16.96.020(A) (Expiration of permits or entitlements—Before initiation of permit or entitlement);
D.
Revocation/Modification. Revocation or modification in compliance with Chapter 16.108 (Revocation and Modification); and
E.
Validity. Once granted and initiated, a use permit shall remain valid, even if it subsequently ceases operation, unless voluntarily surrendered or superseded, or revoked by an action of the Review Authority.
F.
Posting of Use Permit. All use permits shall be posted in a prominent location so as to be visible to the general public.
(Prior code § 16-575.080)
§ 16.172.010 Purpose of chapter.
A.
Provide for Adjustments. This chapter is intended to provide for adjustments from the development standards of this Development Code only when, because of special circumstances applicable to a specific piece of property, the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts.
B.
Special Circumstances. The special circumstances may only apply to the location, shape, size, surroundings, or topography of the subject property.
C.
Granting of Special Privilege(s)—Prohibited. Any variance that is granted shall be subject to conditions that would ensure that the variance does not constitute a granting of special privilege(s) inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is situated (Government Code Section 65906).
D.
Use Variances—Prohibited. Variances only apply to development standards; use variances are not allowed.
(Prior code § 16-580.010)
§ 16.172.020 Review Authority.
The Commission is the Review Authority for a variance, subject to appeal in compliance with Chapter 16.100 (Appeals).
(Prior code § 16-580.020)
§ 16.172.030 Applicability.
The Commission may grant an adjustment from the requirements of this Development Code governing only the following development standards:
A.
Dimensional Standards. Dimensional standards including distance-separation requirements, parcel area, building site area/coverage, fence and wall requirements, signs, height vs. setback adjustments, landscape and paving requirements, lighting, parcel dimensions, off-street parking areas, loading areas, open space, setbacks, structure heights, etc. Also including density requirements, including dwelling units per net acre or the minimum number of dwelling units per parcel.
B.
Off-Street Parking. Number of off-street parking spaces, loading spaces, landscaping, etc. The Director may grant up to a 20 percent reduction in the number of required off-street parking spaces in compliance with Section 16.64.050 (Adjustments to off-street parking requirements).
C.
Other Standards. Other standards including minor operational/performance standards relating to dust, hours of operation, landscaping/parking, light, noise, number of employees, etc.
(Prior code § 16-580.030; Ord. 023-07 C.S. § 119)
§ 16.172.040 Application filing, processing, and review.
A.
Filing. An application for a variance shall be completed, filed with the Department, and processed in compliance with Chapter 16.84 (Application Filing, Processing, and Fees), and shall be accompanied by the fee required by the Council's fee resolution.
B.
Review. Each application shall be analyzed by the Director to ensure that the application is consistent with the purpose and intent of this chapter in compliance with Section 16.84.050 (Initial application review and environmental assessment).
C.
Notice and Hearing. Following review by the Director, the Commission shall conduct a public hearing. Public noticing and the conduct of the hearings shall be in compliance with Section 16.88.050(C) (Public hearing review procedure), for actions in which the Commission is the Review Authority.
(Prior code § 16-580.040)
§ 16.172.050 Findings and decision.
Following appropriate review, the Commission shall provide the decision, with the findings of fact upon which the decision is based in writing. It is the responsibility of the applicant to establish evidence in support of the required findings. The Commission may approve an application, with or without conditions, only if all of the following findings of fact can be made:
A.
General Findings.
1.
Special Circumstances. There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, or topography), so that the strict or literal interpretation and enforcement of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts;
2.
Exceptional Circumstances. There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties classified in the same zoning district;
3.
Physically Suitable. The subject site would be physically suitable for the proposed variance; and
4.
Granting the variance would:
a.
Be necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the variance is sought;
b.
Be consistent with the general land uses, objectives, policies, and programs of the General Plan, any applicable specific plan, precise road plan, or master development plan, and the intent of this Development Code;
c.
Not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the same zoning district;
d.
Not authorize a use or activity which is not otherwise expressly authorized by the zoning district regulations governing the subject property;
e.
Not be detrimental to the public convenience, health, interest, safety, or general welfare of the City or materially injurious to properties or improvements in the vicinity; and
f.
Be in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines.
B.
Findings for Off-Street Parking Variances. A variance to reduce the required amount of off-street parking shall only be approved when the following findings of fact can be made:
1.
The intent of the parking regulations, in compliance with Chapter 16.64 (Off-Street Parking and Loading Standards), is preserved;
2.
Sufficient parking would be provided to serve the intended use and potential future uses of the subject parcel and would not result in the parking of vehicles on public streets which would interfere with the free flow of traffic;
3.
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 additional findings shall be made, in compliance with State law (Government Code Section 65906.5). The variance would:
(Prior code § 16-580.050)
§ 16.172.060 Notice of decision.
The Director shall provide written notice of the decision on the variance application to the applicant and interested parties within 10 days following the public/final date of the decision.
(Prior code § 16-580.060)
§ 16.172.070 Conditions of approval.
In approving a variance, the requirements of this Development Code are considered a minimum and the applicable Review Authority may impose specific development conditions relating to both on- and off-site improvements, as it finds are reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 16.172.050 (Findings and decision), and to carry out the purpose and requirements of the respective zoning district and any applicable overlay zone.
(Prior code § 16-580.070)
§ 16.172.080 Post approval procedures.
Unless otherwise stated below, the requirements for the use of property; owner responsibility; issuance of a business license, building permit, or certificate of occupancy; performance guarantees; maintenance; effective date; and review of the project following approval of a variance shall be in compliance with Chapter 16.92 (Implementation Procedures, Conditions, and Requirements). In addition, the following procedures may apply after approval of a variance:
B.
Changes to a Variance. Changes to the project in compliance with Chapter 16.104 (Changes to an Approved Project);
(Prior code § 16-580.080)
§ 16.176.010 Purpose of chapter.
This chapter is intended to provide a procedure by which the Director or Commission may consider the appropriateness of a request to waive certain requirements of a project as provided in this Development Code.
(Prior code § 16-590.010; Ord. 023-07 C.S. § 120)
§ 16.176.020 Review Authority.
A.
Director. The Director is the Review Authority for those waivers identified in this Development Code as requiring the approval of the Director. The decision of the Director is subject to appeal in compliance with Chapter 16.100 (Appeals). The Director may approve the request or may defer action and refer the request to the Commission.
B.
Commission. The Commission is the Review Authority for those waivers identified in this Development Code as requiring the approval of the Commission, including requests for adjustment to the requirements of this Development Code which exceed the amount specified in Table 5-1, for an Administrative Exception, up to a 50% increase or decrease of the standard requirement. The decision of the Commission is subject to appeal in compliance with Chapter 16.100 (Appeals).
§ 16.176.030 Application filing, processing, and review.
A.
Filing. An application for a waiver shall be completed, filed with the Department, and processed in compliance with Chapter 16.96 (Application Filing, Processing, and Fees), and shall be accompanied by the fee required by the Council's fee resolution.
B.
Review. Each application shall be analyzed by the Director to ensure that the application is consistent with the purpose and intent of this chapter in compliance with Section 16.84.050 (Initial application review and environmental assessment) and the intent of provisions for the waiver. Review of the application may include referral to City staff and specialists and on-site inspection of the subject parcel, if necessary.
C.
Director's Action. For projects in which the Director is the final Review Authority, the Director shall:
1.
Environmental Determination. Make an environmental determination in compliance with Section 16.88.040 (Environmental determination); and
2.
Application. Take one of the following actions on the application:
a.
Decision. Approve, approve with conditions, or deny the waiver in compliance with Section 16.88.050(A) (Review without notice procedure).
b.
Defer. Defer action and refer the application to the Commission for final decision.
D.
Commission Decision. For projects in which the Commission is the final Review Authority or the application has been referred by the Director, the Commission shall:
1.
Environmental Determination. Make an environmental determination in compliance with Section 16.88.040 (Environmental determination); and
2.
Application. Approve, approve with conditions, or deny the waiver in compliance with Section 16.88.050(A) (Review without notice procedure).
E.
Noticing Not Required. A public notice shall not be required for a waiver.
(Prior code § 16-590.030; Ord. 023-07 C.S. § 120)
§ 16.176.040 Findings and decision.
The Review Authority shall base its determination on the written findings of fact, as listed below. It is the responsibility of the applicant to establish evidence in support of the required findings. The Review Authority may approve the waiver, with or without conditions, only if all of the following findings of fact can be made:
A.
The granting of the waiver shall enable the site to be utilized so that specific standards can be addressed without creating undue hardship;
B.
The granting of the waiver shall allow for the economic viability and use of the site;
C.
The granting of the waiver, with conditions that are imposed, will not be detrimental to the public convenience, health, interest, safety, or general welfare of the City or injurious to the property or improvements in the zone or neighborhood in which the property is located;
D.
The granting of the waiver will be consistent with the general land uses, objectives, policies, and programs of the General Plan, any applicable specific plan, precise road plan, or master development plan, and the intent of this Development Code;
E.
The granting of the waiver will not conflict with applicable provisions of the latest edition of the California Building Code and Fire Code and other applicable Federal, State, and local laws and regulations; and
F.
The granting of the waiver will be in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines.
(Prior code § 16-590.040; Ord. 023-07 C.S. § 120)
§ 16.176.050 Notice of decision.
The Director shall provide written notice of the decision of the waiver application to the applicant and interested parties within 10 days following the final date of the decision.
(Prior code § 16-590.050; Ord. 023-07 C.S. § 120)
§ 16.176.060 Conditions of approval.
In approving a waiver, the requirements of this Development Code are considered a minimum and the applicable Review Authority may impose specific development conditions relating to both on- and off-site improvements, as it finds are reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 16.176.040 (Findings and decision), and to carry out the purpose and requirements of the respective zoning district and any applicable overlay zone.
(Prior code § 16-590.060; Ord. 023-07 C.S. § 120)
§ 16.176.070 Post approval procedure.
Unless otherwise stated below, the requirements for the use of property; owner responsibility; issuance of a business license, building permit, or certificate of occupancy; maintenance; effective date and review of the project following approval of a waiver shall be in compliance with Chapter 16.92 (Implementation Procedures, Conditions, and Requirements). In addition, the following procedures may apply:
B.
Changes to a Waiver. Changes to the project in compliance with Chapter 16.104 (Changes to an Approved Project).
(Prior code § 16-590.070; Ord. 023-07 C.S. § 120)