Wasco City Zoning Code

Division 5

Planning Permit Procedures

17.50 City Required Planning Permits and Approvals

A. Administrative Permits and Actions. Except when combined with legislative actions or other nonadministrative actions defined in this section, the planning director or his designee is the designated review authority for the permits and actions listed below.

B. The planning director may grant an exception to any of the standards pertaining to an application under his review where a documented hardship not involving economics exists, or where there are unusual circumstances pertaining to the property, and where the proposed exception would not be detrimental to public health and safety in the neighborhood where the property is located. In addition, the director, at the director’s sole discretion, may elevate the level of review to a higher review authority.

17.52 Permit Review Procedures and Limitations

A. Purpose. The purpose of site plan and design review is to provide a process for the appropriate review of development projects to ensure that the design of proposed development and new land uses are consistent with the city’s adopted ordinances and plans and to assist in maintaining and enhancing the city’s small-town character.

1. Site plan and design review shall be required for each project requiring approval of a building permit and/or a planning permit that involves construction, exterior alteration of a building, site or landscaping design, or other similar action affecting the functional or aesthetic qualities of land or structures.

17.50.010 Purpose.

This section identifies and describes the discretionary permits and approvals required by this zoning code. (Ord. 706 § 3 (Exh. A), 2019).

17.50.020 Discretionary permits and actions.

1. Administrative Zone Regulation Modifications. An administrative action granting exception to certain specified zone development standards in cases where strict compliance would result in a hardship as specified in Section 17.52.100.

2. Density Bonus. An administrative action intended to implement the housing element of the general plan and the requirements of Government Code Sections 65915 through 65918, offering incentives for the development of affordable housing for low and moderate income and senior citizen households, as specified in Chapter 17.32.

3. Determination of Similar Use. An administrative action determining that a proposed use that is not listed in this title is “similar” in character to one or more of the principal uses permitted in a zoning classification, as specified in Section 17.52.030.

4. Home Occupation Permit. An administrative permit authorizing the operation of a specified home-based occupation in a particular location, as specified in Section 17.40.130.

5. Reasonable Accommodation. An administrative action authorizing limited modifications to property regulations to accommodate a person with specified disabilities and physical limitations, as specified in Section 17.52.050.

6. Sign Permit. An administrative permit authorizing a variety of permanent and temporary advertising signs with specific provisions and conditions, as specified in Chapter 17.38.

7. Site Plan and Design Review. An administrative review and permit process providing for review of projects for compliance with site development regulations and/or architectural design guidelines adopted by the city, as specified in Section 17.52.060.

C. Temporary Use Permit. An administrative permit authorizing specific limited term uses in compliance with specified conditions, as detailed in Section 17.40.280.

D. Quasi-Judicial Permits and Actions. Except when combined with legislative actions, the planning commission is the designated review authority for the following quasi-judicial permits and actions. A public hearing is required for these actions.

1. Conditional Use Permits. A permit authorizing the operation of a specific use of land or structure in a particular location in compliance with specific conditions, as specified in Section 17.52.020.

2. Precise Development Plan. A plan approval authorizing the development of land that may not conform with all zone-driven standards in order to provide superior project design, while complying with the goals and policies of the general plan for a particular area, as specified in Section 17.24.050(D).

3. Tentative Tract and Parcel Maps. A plan approval authorizing the division of land for a particular area in compliance with specific conditions, as specified in the city’s Subdivision Ordinance (Title 16, Subdivisions).

4. Variances. An action granting exception to the development standards of this code in cases where strict compliance would result in a unique hardship for the specific property development.

E. Legislative Actions. The designated review authority for all legislative actions is the city council. A public hearing is required for the following legislative actions:

1. Development Agreements. An agreement between the city and a party with legal or equitable interest in the real property subject to the agreement, relating to the development of the property.

2. General Plan Amendments. An action authorizing a text amendment to the general plan or a map amendment to the general plan element maps.

3. Specific Plans. A policy and regulatory document for a particular area which provides for a tailored implementation of the general plan, as specified in Section 17.52.070.

4. Zone Change. An action authorizing a zoning map amendment changing the zoning designation of a particular property, as specified in Chapter 17.76.

5. Zoning Code Text Amendment. An action authorizing a text amendment to any portion of the zoning code including text, tables, and diagrams, as specified in Chapter 17.76. (Ord. 706 § 3 (Exh. A), 2019).

17.50.030 Planning permit review authority.

Table 5-1 identifies the review authority responsible for reviewing and making decisions on the various permits and approval actions required by this zoning code. (Ord. 706 § 3 (Exh. A), 2019).

17.50.040 Indemnification.

A. Indemnification Requirements for Land Use Approvals. At the time of submitting an application for a land use approval and as a condition of approval, an applicant requesting a land use approval as herein defined shall agree as a part of the application to defend, indemnify, and hold harmless the city and its agents, officers, council members, commissioners, attorneys, and employees from any claim, action or proceeding brought against the city or its agents, officers, council members, commissioners, or employees to attack, set aside, void or annul a land use approval of the city. The foregoing shall include, without limitation, payment of all damages awarded against the city, if any, costs of suit, attorney’s fees, and other costs and expenses incurred in connection with such action or proceeding.

B. Notification of Claim. In the event that a claim, action or proceeding referenced in subsection (A) of this section is brought, the city shall promptly notify the applicant of the existence of the claim, action or proceeding and will cooperate fully in the defense of such claim, action or proceeding. Nothing set forth in this section shall prohibit the city from participating in the defense of any claim, action or proceeding if the city elects to bear its own attorney’s fees and costs.

Type of Permit or Action	Code Section	Planning Director	Planning Commission	City Council
Administrative
Administrative Modification	17.52.100	Decision	Appeal
Density Bonus	17.32	Decision	Appeal
Determination of Similar Use	17.52.030	Decision	Appeal
Home Occupation Permit	17.40.130	Decision	Appeal
Landscape Plan Review	17.34	Decision	Appeal
Lot Line Adjustment	Title 16	Decision	Appeal
Reasonable Accommodation	17.40.190	Decision	Appeal
Sign Permit	17.38	Decision	Appeal
Site Plan and Design Review	17.52.060	Decision	Appeal
Temporary Use Permit	17.40.280	Decision	Appeal
Quasi-Judicial
Conditional Use Permit	17.52.020	Recommend	Decision	Appeal
Parcel Map Waiver	Title 16	Recommend	Decision	Appeal
Precise Development Plan	17.52.040	Recommend	Decision	Appeal
Tentative Parcel Map	Title 16	Recommend	Decision	Appeal
Tentative Tract Maps	Title 16	Recommend	Decision	Appeal
Variance	17.52.090	Recommend	Decision	Appeal
Legislative Actions
Development Agreements			Recommend	Decision
General Plan Amendments	Per state law		Recommend	Decision
Specific Plans	17.52.070		Recommend	Decision
Zone Change	17.76		Recommend	Decision
Zoning Code Text Amendments	17.76		Recommend	Decision

1“Decision” means that the review authority makes the final decision on the matter. “Recommend” means that the review authority makes a recommendation on action to a higher decision-making body. “Appeal” means that the review authority may consider and decide upon appeals to the decision of an earlier decision-making body.

C. Definitions. As used herein, “land use approval” shall refer to decisions of the city approving requests of applicants for planning permits including but not limited to general plan amendments, annexations, zone changes, zoning ordinance text amendments, tentative maps, vesting tentative maps, tentative parcel maps, reversions to acreage, final maps, final map modifications or amendments, time extensions, parcel map waivers, lot line adjustments, boundary line adjustments, Williamson Act contract actions, certificates of compliance, conditional certificates of compliance, development agreements, conditional use permits, conditional use permit modifications, conditional use permit extensions, variances, variance modifications, precise development plans, specific plans, sign permits, site plans, temporary use permits, any administrative or discretionary permit pertaining to a land use approval or any accompanying California Environmental Quality Act determinations pertaining to the type of approval referred to in this section, and any other similar approval. (Ord. 706 § 3 (Exh. A), 2019).

17.50.050 Initial application completeness review.

The planning director shall review each application for completeness pursuant to the Permit Streamlining Act (Government Code Section 65920) before it is accepted as being complete and officially filed. The director’s determination of completeness shall be based on the city’s list of required application contents and any additional information deemed necessary during the initial application review period.

1. Within thirty days following application filing the applicant shall be informed in writing that either the application is complete and has been accepted for processing, or that the application is incomplete and that additional information specified in the director’s letter shall be provided.

2. Upon receipt of any resubmittal information following a notice of incomplete application, a new thirty-day period shall begin during which the director shall determine the completeness of the application.

B. Time for Submittal of Additional Information. When an application is incomplete, the time used by the applicant to resubmit the required additional information shall not be considered part of the time within which the determination of completeness shall occur. The time available to an applicant for submittal of additional information is limited by subsection (C) of this section.

1. If an applicant fails to provide the additional information specified in the director’s “incomplete” letter within ninety days following the date of the letter, the application shall expire and be deemed withdrawn without any further action by the city, unless an extension is approved by the director for good cause shown.

2. After the expiration of an application, future city consideration shall require the submittal of a new complete application and associated filing fees.

D. Environmental Information. After an application has been accepted as complete the director may require the applicant to submit additional information needed for environmental review of the project in compliance with the California Environmental Quality Act (CEQA) and the city’s CEQA guidelines. (Ord. 706 § 3 (Exh. A), 2019).

17.50.060 Environmental review.

A. CEQA Review. After acceptance of a complete application the project shall be reviewed in compliance with the California Environmental Quality Act to determine whether:

1. The proposed project is exempt from the requirements of CEQA;

2. The proposed project is not a “project” as defined by CEQA;

3. A negative declaration may be issued;

4. A mitigated negative declaration may be issued; or

5. An environmental impact report (EIR) and related documents shall be required.

B. Compliance with CEQA. These determinations and the preparation of appropriate environmental documents shall be prepared in compliance with CEQA and the city’s CEQA guidelines.

C. Special Studies. One or more special studies may be required to complete the city’s CEQA compliance review. These studies shall be paid for by the applicant and shall become public documents, and neither the applicant nor any consultant who prepared the studies shall assert any rights to prevent or limit the documents’ availability to the public. (Ord. 706 § 3 (Exh. A), 2019).

17.52.010 Purpose.

This section provides procedures and requirements for the preparation, filing, and initial processing of land use permit applications authorized by various sections of this zoning code. (Ord. 706 § 3 (Exh. A), 2019).

17.52.020 Conditional use permits.

A. Purpose and Applicability. The purpose of this section is to establish procedures and general standards for the review and approval of conditional use permits authorized by various sections of this code. Whenever a use is listed in any section of this code as a use permitted subject to securing a conditional use permit, it shall be approved only if it is consistent with the general plan and meets all requirements of this code and subject to any conditions deemed appropriate by the decision-making authority.

Conditional use permits are unique and their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location. At the time of application, a review of the location, design, configuration, and potential impact of the proposed use shall be conducted by comparing the use of the established development standards and design guidelines. This review shall determine whether the proposed use should be permitted by weighing the public need for and the benefit to be derived from the use against the impact which it may cause.

B. Application Submittal. An application for a conditional use permit shall include:

1. All items and information determined by the director to be necessary for reviewing and making a determination on the application; and

2. Application processing fees as adopted by resolution of the city council.

1. Each application shall be reviewed by the planning director to ensure that the proposal complies with requirements of this section. Upon being deemed complete the application shall be scheduled for a hearing before the planning commission.

2. The planning commission shall conduct a public hearing on an application for a conditional use permit before making a decision on the application. Notice of the hearing shall be provided in compliance with Chapter 17.74.

3. The commission’s decision is appealable to the city council in compliance with Chapter 17.72.

D. Findings and Decision. Following a hearing, the commission shall record the decision in a resolution and shall incorporate therein the findings upon which the decision is based. The commission may approve and/or modify a conditional use permit application in whole or in part, with or without conditions, only if all of the following findings are made:

1. The proposed use is conditionally permitted within, and would not impair the integrity and character of the subject land use district and complies with all of the applicable provisions of this zoning ordinance;

2. The proposed use is consistent with the goals and policies in the general plan;

3. The approval of the conditional use permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA), this chapter, and other applicable codes and ordinances;

4. There will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored;

5. The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses within the general area in which the proposed use is to be located and will not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the city;

6. The subject site is physically suitable for the type and density/intensity of the use being proposed;

7. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety; and

8. The proposed use meets the minimum requirements of this chapter applicable to the use and complies with all other applicable laws, ordinances, and regulations of the city of Wasco and the state of California.

1. Any conditional use permit may include such terms and conditions as deemed appropriate or necessary by the decision-making authority to make the findings specified in this section.

2. Within two years of conditional use permit approval, commencement of construction shall have occurred or the conditional use permit shall become null and void unless an extension is requested and approved per Section 17.52.140. In addition, if after commencement of construction, work is discontinued for a period of one year, then the conditional use permit shall become null and void unless extended per Section 17.52.140. Projects may be built in phases if preapproved by the review authority. If a project is built in preapproved phases, each subsequent phase shall have a timeline as determined reasonable by the planning commission.

3. All conditions of approval shall be final, and a request to delete or modify a condition to make it less restrictive shall only be considered at a properly noticed public hearing, unless the conditions are appealed pursuant to Chapter 17.72.

4. The commission may, upon a request being filed prior to permit expiration and for good cause, grant a time extension in accordance with Section 17.52.140. Upon granting of an extension, the commission shall ensure that the conditional use permit complies with all current development code provisions.

F. Permit Revocation and Modification. The commission may hold a hearing to revoke or modify a conditional use permit granted pursuant to the provisions of Section 17.52.110. Ten days prior to the hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which such conditional use permit was granted. Notice shall be deemed delivered two days after being mailed, first class postage paid, to the owner as shown on the current tax rolls of the county of Kern, and/or the project applicant.

1. A conditional use permit may be revoked or modified by the commission if any one of the following findings can be made:

a. That circumstances have changed so that one or more of the findings contained in subsection (D) of this section, Findings and Decision, of this section can no longer be made;

b. That the conditional use permit was obtained by misrepresentation or fraud;

c. That the use for which the conditional use permit was granted has ceased or was suspended for six or more consecutive calendar months;

d. That one or more of the conditions of the conditional use permit have not been met;

e. That the use is in violation of any statute, ordinance, law or regulation; and

f. That the use permitted by the conditional use permit is detrimental to the public health, safety or welfare and/or constitutes a public nuisance.

1. A conditional use permit granted pursuant to the provisions of this chapter shall continue to be valid upon change of ownership of the site, the business, the service, use, or structure which was the subject of the permit application.

2. However, at the commission’s discretion this provision may be altered through planning commission action to adopt a condition stating the permit is “nontransferable.”

H. Performance Guarantee. A developer may be conditioned to provide performance security for the faithful performance of any or all conditions of approval, in accordance with Section 17.52.130. (Ord. 706 § 3 (Exh. A), 2019).

17.52.030 Determination of similar use.

A. Purpose. When a property owner or applicant proposes or contemplates a use of property not expressly authorized as a permitted use or as a conditional use by the regulations of the applicable zoning district or districts, he/she may request a determination of similar use in accordance with the procedures set out in this section.

B. Request for Determination. A request for determination of similar use shall be in writing and shall include the following:

1. Name of requesting entity;

2. Description of the proposed or contemplated use;

3. Identification of the zoning district or districts in which the use is proposed or contemplated;

4. Explanation of why the property owner, applicant, or potential applicant feels the proposed or contemplated use meets the criteria in subsection (F) of this section for determination of similar use.

C. Time of Determination Request. A request for determination of similar use may be submitted in conjunction with an application for a ministerial or discretionary permit described in this chapter or at any other time as may be convenient to the applicant.

D. Determination of Similar Use by the Planning Director. Where a request for determination of similar use is submitted, the planning director shall make the determination of similar use. In making this determination, the director shall first make all of the following findings:

1. The characteristics of, and activities associated with, the use are similar in nature to those of one or more of the uses listed in the applicable zoning district as allowable, and will not involve a greater level of activity, population density, intensity, traffic generation, parking, dust, odor, noise, emissions, or similar impacts than the uses listed as permitted in the zone; and

2. The use will meet the purpose/intent of the zone that is applied to the location of the use; and

3. The use will be consistent with the goals, objectives, and policies of the general plan and/or any applicable specific plan or planned development permit.

E. Appeal. The determination of similar use by the planning director shall be subject to appeal to the planning commission:

1. The requesting entity for the determination may appeal the decision of the planning director on the request for determination of similar use by filing a written notice of appeal with the planning director within ten days of the director’s written determination.

2. The planning commission may affirm or modify the determination of similar use by the planning director.

F. Applicable Standards and Permit Requirements. When the director determines that an unlisted land use is similar to a listed use in a zone, the unlisted use will be treated in the same manner as the listed use in determining where the use is allowed, what permits are required, and what other standards and requirements of the zoning code apply. (Ord. 706 § 3 (Exh. A), 2019).

17.52.040 Precise development permit.

See Section 17.24.050(D). (Ord. 706 § 3 (Exh. A), 2019).

17.52.050 Reasonable accommodation.

A. Purpose. It is the policy of the city of Wasco, pursuant to the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (hereinafter Acts), to provide individuals with disabilities reasonable accommodation to rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. This section establishes a procedure for making requests for reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures to comply fully with the intent and purpose of fair housing laws. This section is intended to apply to those persons who are defined as disabled under the Acts.

B. Findings. The city council finds and determines that:

1. The federal Fair Housing Amendment Act of 1988 and California’s Fair Employment and Housing Act impose an affirmative duty on local governments to make reasonable accommodation in their land use and zoning regulations and practices when such accommodation may be necessary to afford individuals with disabilities an equal opportunity to housing.

2. The Wasco housing element identifies and sets forth a plan for removing governmental constraints to housing for individuals with disabilities by providing reasonable accommodation.

3. A fair housing reasonable accommodation procedure for individuals with disabilities and developers of housing for individuals with disabilities to seek relief in the application of land use, zoning and building regulations, policies, practices and procedures furthers compliance with federal and state fair housing laws and provides greater opportunities for the development of critically needed housing for individuals with disabilities.

4. This section is consistent with the Wasco housing element and its objectives, goals, policies and implementation programs

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

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

D. Application Requirements. Request for reasonable accommodation shall be submitted on an application form provided by the planning division or in the form of a letter to the planning division and shall contain the following information:

a. The applicant’s name, address and telephone number.

b. Address of the property for which the request is being made.

c. The current use of the property.

d. The basis for the claim that the individual is considered disabled under the Acts.

e. The code provision, regulation or policy from which reasonable accommodation is being requested.

f. What specific accommodation is requested and why the accommodation is necessary to make the specific property accessible to the individual.

2. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including but not limited to: conditional use permit, design review, general plan amendment, zone change, annexation, etc.), then the applicant shall file the information required above for reasonable accommodation together for concurrent review with the application for discretionary approval.

1. Planning Director. If no approval is sought other than the request for reasonable accommodation, the request shall be reviewed by the planning director, or designee.

2. Other Review Authority. If a request is submitted for concurrent review with another discretionary land use application, it shall be determined by the authority making the final discretionary land use decision.

1. Planning Director. The planning director shall make a written determination on the request within thirty days and either grant, grant with modifications or deny a request for reasonable accommodation.

2. Other Review Authority. The determination on whether to grant, grant with modifications or deny a request for reasonable accommodation made by the authority responsible for reviewing the discretionary land use application shall be made at the time of the discretionary land use decision. The determination shall then be provided in writing to the applicant.

3. Findings. The written decision to grant, grant with conditions or deny a request for reasonable accommodation shall be based on consideration of the following factors:

a. Whether the housing, which is the subject of the request, will be used by a disabled individual.

b. Whether the accommodation requested is necessary to make specific housing available to a disabled individual.

c. Whether the requested accommodation would impose an undue financial or administrative burden on the city, in which instance it would not be deemed to be reasonable.

d. Whether the requested accommodation would require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning, in which instance it would not be deemed to be reasonable.

e. Potential impact on surrounding uses.

f. Physical attributes of the property and structures.

g. Alternative accommodations which may provide an equivalent level of benefit.

4. Conditions of Approval. In granting a request for reasonable accommodation the review authority may impose any conditions of approval deemed reasonable and necessary to ensure that the accommodation complies with the findings.

G. Appeal of Determination. A determination by the review authority to grant, grant with modifications or deny a request for reasonable accommodation may be appealed, pursuant to Chapter 17.72. (Ord. 706 § 3 (Exh. A), 2019).

17.52.060 Site plan and design review.

2. Building or grading permits, business licenses or certificates of occupancy shall not be issued until the requirements of this section are met.

C. Application Filing and Processing. An application for site plan and design review shall include all items determined by the director to be necessary for making a determination on the application. A pre-application discussion with planning staff regarding a proposed project is encouraged to help in identifying application submittal documentation.

D. Application Review. Each application for site plan and design review shall be reviewed to ensure that the application is consistent with the purpose of this section, applicable zoning code development standards and regulations, and adopted design guidelines and policies that may apply.

E. Findings and Decision. The review authority may approve or conditionally approve a site plan and design review application if it first makes all of the following findings. The development will:

1. Be allowed within the subject zoning;

2. Be in compliance with all applicable development standards and regulations, and adopted design guidelines and policies that may apply;

3. Be in keeping with the character of the neighborhood or project setting in terms of the project’s general appearance; and

4. Not be detrimental to the harmonious and orderly growth of the city or the public health and safety of its residents.

F. Conditions of Approval. In approving a site plan and design review application the review authority may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with this section and the findings required by subsection (E) (Findings and Decision) of this section. (Ord. 706 § 3 (Exh. A), 2019).

17.52.070 Specific plans.

A. Purpose and Applicability. The purpose of the specific plan (S-P) combining district is to provide for the special regulations in areas where environmental or economic opportunities or constraints require the creative and innovative use of land which may be otherwise limited or prohibited by the standard provisions of other parts of this chapter. The specific plan district is designed to allow diversity in the relationship between buildings and open spaces so as to create unique and interesting physical environments, to maximize usable open space while at the same time preserving the public health, safety and welfare.

B. Specific Plan Permit Procedures. A specific plan district may be initiated by the city, or the property owner or an authorized representative. A specific plan district shall be established by ordinance in accordance with the procedures set out in Chapter 17.76. Development within an S-P district shall require a specific plan permit for which an application shall be submitted concurrently with an S-P overlay zoning request. An application shall include all the information required by California Government Code, Article 8, Specific Plans, and all other information determined by the director to be necessary for review of the application.

C. Development Standards. Development in the specific plan district shall comply with the following standards:

1. All development shall be consistent with the goals and policies of the general plan and with the uses, density and intensity standards of the general plan land use category applicable.

2. Development in the district shall be demonstratively superior to any other development that could occur without the special planning designation. In making this determination, the following factors shall be considered:

a. Appropriateness of the use at the proposed location;

b. The mix of housing styles and costs;

c. Provisions of units affordable to persons of low and moderate income;

d. Provisions of infrastructure: improvements, including water distribution and sewage collection;

e. Provisions of open space;

f. Compatibility of proposed use(s) with surrounding area;

g. Use of innovative technology and materials;

h. Use of innovative architectural design;

i. Overall contribution to the enhancement of the environment within the city;

j. Creativity in design and land use.

3. The special planning district may only be applied to projects consisting of five or more acres.

4. General development standards are shown in the following Table 5-2:

Development Standard	Requirement	Additional Requirements
Lot Standards
Minimum lot area	5 acres	See 17.24.020(D)
Parking	Determined by specific plan approval
Landscaping	Determined by specific plan approval
Minimum Setbacks
Front Side Rear	Determined by specific plan approval	See 17.24.020(D)
Structure Height
Height	Determined by specific plan approval	See 17.24.020(D)
Number of stories	Determined by specific plan approval	See 17.24.020(D)

5. If development approved pursuant to this section has not commenced within three years of the approval, the city council may initiate a reclassification of the property in accordance with the procedures set out in Chapter 17.76, unless:

a. Building permits for approved development have been issued within six months of the development expiration date.

b. A valid tentative subdivision or parcel map for proposed development has been approved.

c. A written request for extension has been filed before the expiration of the three-year period. Such extension shall be approved by the city council and shall not exceed three years in length. In any event, development approved in accordance with this chapter shall be commenced or necessary final subdivision maps be recorded within six years of the original approval.

6. If the time limits specified herein are not met, the city council may initiate reclassification of the property to a zone(s) consistent with the general plan in accordance with the procedures set out in Chapter 17.76.

7. The planning director may approve minor plan modifications to an approved specific plan district site development plan in accordance with the procedures set out in Section 17.52.100 if the planning director determines that the requested modification(s) does not constitute a substantial change in the approved project. (Ord. 706 § 3 (Exh. A), 2019).

17.52.080 Temporary use permits.

See Section 17.40.280. (Ord. 706 § 3 (Exh. A), 2019).

17.52.090 Variances.

A. Purpose and Application. Where special physical circumstances exist limiting the development of a particular property in accordance with development standards of a zoning district, relief from the development standards may be secured by the granting of a variance from those standards. The granting or denial of a variance will be based on whether the particular circumstances conform to the standards of this chapter.

B. Application Contents. An application for a variance shall include all items determined by the director to be necessary for making a determination on the application. A pre-application discussion with planning staff regarding the variance is encouraged to help in identifying application submittal documentation.

C. Variance Review and Approval. The application for a variance shall be reviewed and approved, conditionally approved, or denied by the planning commission in accordance with the procedures set out in Chapter 17.74, Public Hearings.

D. Basis for Approval. The planning commission may approve or conditionally approve an application for a variance if it finds all of the following:

1. Special circumstances exist applicable to the subject property, including size, shape, topography, location, or surroundings, such that the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and in the same zoning district or districts.

2. The granting of the variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning districts in which such property is located.

3. The granting of the variance will not be materially detrimental to the public health, safety, or welfare or to property or residents in the vicinity.

1. Any variance granted may include such terms and conditions as deemed necessary or appropriate by the decision-making authority to effect the purpose of this chapter. If no additional terms or conditions are specified, the variance shall be considered unconditional and valid for an indefinite period.

2. If the development for which a variance has been approved pursuant to this chapter has not commenced, or permits for each development have not been issued, within one year of the granting of the variance, the variance shall become null and void and of no effect, unless an extension has been granted by the decision-making authority, upon the written request for an extension before the expiration of the one-year period. This provision shall not apply to applications approved in conjunction with another discretionary permit. In such cases, the expiration period shall coincide with that of the associated permit.

3. All conditions of approval shall be final, and a request to delete or to modify a condition to make it less restrictive shall only be considered at a properly noticed public hearing, unless the conditions are appealed pursuant to Chapter 17.72.

F. Variance Revocation and Modification. Any variance issued pursuant to this section may be revoked or modified pursuant to Section 17.52.110. (Ord. 706 § 3 (Exh. A), 2019).

17.52.100 Zone regulation administrative modification.

A. Purpose and Application. The purpose of this chapter is to provide limited administrative relief from the application of development requirements specified in this chapter where the granting of the modification would promote uniform development or relieve an unreasonable hardship, but would not be detrimental to the public health, safety, or welfare or to property or residents in the area. A zone regulation modification shall not be granted where the relief sought should more appropriately be sought through the variance procedure.

B. Development Standards Subject to Modification. The planning director may approve modifications to the following design standards:

1. Distance between structures.

2. Fence and wall height and setback regulations.

3. Open space standards.

4. Reduce the required parking spaces in commercial, mixed-use, or industrial properties by up to ten percent.

5. Reduce structure setbacks and height by up to ten percent.

6. Swimming pool regulations.

C. Basis for Approval. The planning director may approve or conditionally approve a request for modification if he finds all of the following:

1. The modification does not exceed the limits specified in subsection (B) of this section;

2. The granting of the modification will not be materially detrimental to the public health, safety, or welfare or to property or residents in the vicinity;

3. Either of the following:

a. The modification would promote uniformity in development on the lot or in the area,

b. The modification would alleviate an unreasonable hardship on the property owner or applicant by the strict application of the requirements of this code.

1. Any zone modification granted may include such terms and conditions as deemed necessary or appropriate by the decision-making authority to effect the purpose of this code. If no additional terms or conditions are specified, the zone modification shall be considered unconditional and valid for an indefinite period.

2. If the development for which a zone modification has been approved pursuant to this chapter has not commenced, or permits for such development have not been issued, within one year of the granting of the zone modification, the zone modification shall become null and void and of no effect, unless an extension has been granted by the decision-making authority upon the written request for an extension before the expiration of the one-year period. This provision shall not apply to applications approved in conjunction with another discretionary permit. In such cases, the expiration period shall coincide with that of the associated permit.

E. Zone Modification Revocation and Modification. Any zone modification issued pursuant to this section may be revoked or modified pursuant to Section 17.52.110. (Ord. 706 § 3 (Exh. A), 2019).

17.52.110 Permit revocation and modification – Application.

Any permit, conditional use permit, variance, or zone modification issued pursuant to this chapter may be modified or revoked by the decision-making body that originally approved the permit by the same procedure under which the permit was issued for any of the following causes:

A. That any term or condition of the permit, conditional use permit, variance, or zone modification has not been complied with.

B. That the property or portion thereof subject to the permit, conditional use permit, variance, or zone modification is used or maintained in violation of any statute, ordinance, law, or regulation.

C. That the use for which the permit, conditional use permit, variance, or zone modification was granted has been so exercised as to be detrimental to the public health or safety or as to constitute a nuisance.

D. That changes in technology or in the type of amount of development in the vicinity of the use or other good cause warrants modification of the conditions of operation or imposition of additional conditions of operation to assure that the use remains compatible with existing and potential uses of other property within the general area in which the use is located. (Ord. 706 § 3 (Exh. A), 2019).

17.52.120 Permits to run with the land.

Any use permit, conditional use permit, temporary use permit or site plan and design review approval that is granted in compliance with this chapter shall be deemed to run with the land through any change of ownership of the subject site, and all applicable conditions of approval shall continue to apply after a change in property ownership, except as provided below.

A. In any case where a permit or approval expires and becomes void in compliance with Section 17.52.140, Time Limits and Extensions; and

B. Where a permit approval has been specifically conditioned to be nontransferrable. (Ord. 706 § 3 (Exh. A), 2019).

17.52.130 Performance guarantees.

A. Deposit of Security. As a condition of any permit or approval issued under this code, upon finding that the city’s health, safety, and general welfare warrant, the review authority may require the deposit of financial security in a reasonable amount and form approved by the city attorney to ensure the faithful performance of one or more of the conditions of the permit or approval, in the event that the obligor fails to perform. The security shall remain in effect until all of the secured conditions have been performed to the satisfaction of the director in conjunction with the public works director and city engineer.

B. Release of Security. Upon satisfactory compliance with all applicable provisions of this section the security deposit shall be released.

1. Upon failure to perform any secured condition, the city may perform the condition, or cause it to be done, and may utilize the security to pay all costs incurred, including administrative, engineering, legal, and inspection services.

2. Any unused portion of the security shall be refunded to the obligor after deduction of the cost of the work.

3. Any cost in excess of the security shall be an obligation of the applicant/owner and a lien on the property.

4. The director’s determination may be appealed to the council by the obligor by filing an appeal within ten days following the decision to withhold the security, in compliance with Chapter 17.72. (Ord. 706 § 3 (Exh. A), 2019).

17.52.140 Time limits and extensions.

1. Unless a condition of approval or other provision of this code establishes a different time limit, any permit or approval not exercised within two years of approval shall expire and become void, except where an extension of time is approved in compliance with subsection (B) of this section.

2. A permit or approval shall not be deemed “exercised” until the following have occurred:

a. All conditions of approval that were required to be completed prior to issuance of grading and building permits have been completed;

b. A grading permit, if required, has been issued;

c. A building permit, if required, has been issued; and

d. Construction activities on the project site, as authorized by the permit or approval, have commenced.

3. Additionally, if after construction activities have started, development work is discontinued for a period of twelve consecutive months, or the proposed use is discontinued for a period of twelve months, the permit or approval shall be subject to review by the review authority who originally granted the permit or approval to determine if the permit or approval shall be considered expired and become void.

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

1. Time for Filing. The applicant shall file a written request for an extension of time with the planning director before the expiration of the permit. Upon the timely filing of an extension request the permit expiration shall not occur until action by the city on the extension.

2. Evidence Provided. The director shall determine whether the applicant has made a good faith effort to exercise the permit. The burden of proof is on the applicant to establish that circumstances beyond the control of the applicant have prevented exercising the permit.

C. Action on Extension Request. A permit may be extended by the review authority for no more than two additional one-year periods beyond the expiration of the original approval. (Ord. 706 § 3 (Exh. A), 2019).

17.52.150 Time limitations on challenges.

Any action or proceeding to attack, review, set aside, void, or annul any decision made pursuant to this code, or concerning any of the proceedings, acts, or determinations taken, done, or made prior to such decision, or to determine the reasonableness, legality, or validity of any condition attached thereto, shall not be maintained by any person unless the action or proceeding is commenced within thirty days after the date of the decision and the legislative body is served within sixty days after the date of the decision. Thereafter, all persons are barred from any such action or proceeding or any defense of invalidity or unreasonableness of that decision or of these proceedings, acts, or determinations. (Ord. 706 § 3 (Exh. A), 2019).