The City of Wildomar General Plan, or any part or element thereof, and any amendment to the Plan or any part or element thereof, shall be adopted in accordance with the provisions of Section 65300 et seq. of the Government Code, as now written or hereafter amended, and this chapter. No mandatory element of the General Plan shall be amended more frequently than four times during any calendar year, unless otherwise allowed by Section 65358 of the Government Code. There are no restrictions on the number of amendments made to optional elements or Specific Plans during any calendar year. Subject to that limitation, an amendment may be adopted at any time, as determined by the City Council. Each amendment may include more than one change to the General Plan.

General Plan Initiation Process (GPIP). Prior to any formal application request to initiate an amendment to the General Plan by an owner of real property (or a person authorized by the owner), the planning department shall bring forward such request as part of a GPIP Pre-Application Review (PAR) review. The GPIP request shall require Planning Commission review and consideration at a public meeting followed up by a recommendation to the City Council. The City Council shall then consider at a public meeting the Planning Commission's recommendation on such General Plan amendment, and provide necessary feed back to an applicant, including any applicable planning department feedback. Upon conclusion of the process, the City Council shall adopt an order by the affirmative vote of not less than a majority of the entire membership of the Council initiating proceedings for a General Plan amendment. The initiation of proceedings by the City Council for the amendment of the General Plan, or any part or element thereof, however, shall not imply any such formal General Plan amendment will be approved.

General Plan Consistency. No discretionary permit shall be approved pursuant to this Title unless it is determined that the permit is consistent with the General Plan.

Applicability. This section shall govern the processing of any General Plan Amendment by an owner of real property (or a person authorized by the owner),

Initiation of Amendment Proceedings. The initiation of proceedings for any amendment pursuant to this section shall require an order of the City Council, adopted by the affirmative vote of not less than a majority of the entire membership of the Council. The adoption of an order by the Council initiating amendment proceedings shall not require a public hearing and shall not imply any such amendment will be approved.

Recommendations for the Initiation of Amendment Proceedings. Either the Community Development Director or the Planning Commission may recommend that the City Council adopt an order initiating proceedings for an amendment pursuant to this section. All such recommendations shall be in writing and shall be submitted to the City Clerk for placement on the agenda of the Council as a matter not requiring a public hearing. Whenever the Community Development Director prepares such a recommendation, the comments of the Planning Commission shall be requested, and any comments shall be included in the submission to the City Council. No public hearing before the Planning Commission shall be required to request such comments.

Private Applications for the Initiation of Amendment Proceedings. The owner of real property, or a person authorized by the owner, shall have the right to request that the City Council adopt an order initiating proceedings for an amendment pursuant to this section. Applications shall be made to the Community Development Director, on the forms provided by the Planning Department, shall supply all required information, and shall be accompanied by the filing fee set forth in Chapter 3.44 (Fees). The Community Development Director shall prepare a report and recommendation on all such applications and shall submit the report and recommendation to the City Clerk for placement on the Council agenda as a matter not requiring a public hearing. Prior to submitting the report and recommendation to the City Clerk, the comments of the Planning Commission shall be requested, and any comments shall be included in the submission to the City Council. No public hearing before the Planning Commission shall be required to request such comments.

Amendment Proceedings and Hearings. After adoption of an order of the City Council initiating proceedings for an amendment pursuant to this section, the amendment shall be processed, heard and decided in accordance with Chapter 17.130 (Amendments to Projects). If the Council adopts orders initiating proceedings for several amendments pursuant to this section, each such amendment may be processed, heard and decided separately or together with other such amendments as determined by the Community Development Director. Hearings and the final decision on any amendment pursuant to this section may occur after the calendar year during which proceedings for the amendment were initiated.

The owner of real property, or a person authorized by the owner, shall have the right to request that the City consider a specific plan or an amendment to an existing specific plan for the real property. The right to request consideration of a specific plan or a specific plan amendment does not imply that the specific plan or the specific plan amendment will be approved.

Applications shall be made in writing to the Community Development Director on the forms provided by the Planning Department and shall be accompanied by the fee set forth in Chapter 3.44 (Fees). The application shall supply all required information and shall include the following:

A specific plan shall include text and a diagram or diagrams which specify all of the following in detail:

A specific plan shall include a statement of the relationship of the specific plan to the General Plan.

The Planning Commission shall hold a public hearing on the matter. Notice of the public hearing shall be given pursuant to Section 17.125.080 (Public Hearing Procedure) of this Title.

After closing the public hearing, the Planning Commission shall make a recommendation for approval or disapproval within a reasonable time, by resolution, including therein its findings, and transmit it to the City Council with a copy mailed to the applicant, if any. A recommendation for approval shall be made by the affirmative vote of not less than a majority of the total membership of the Planning Commission. If the Commission cannot reach a decision within a reasonable time after closing the hearing, that fact shall be reported to the City Council and shall be deemed a recommendation to deny the proposal.

Upon receipt of a recommendation of the Planning Commission on adoption or amendment of the General Plan, the City Clerk shall set the matter for public hearing before the City Council at the earliest scheduled meeting date and shall give notice of public hearing in the same manner as notice was given of the hearing before the Planning Commission.

After closing the public hearing, the City Council shall render its decision within a reasonable time. A decision to adopt or amend the General Plan, or any part or element thereof, shall be made by resolution, which resolution shall be adopted by the affirmative vote of not less than the majority of the total membership of the Council. The City Council may approve, modify or disapprove the recommendation of the Planning Commission; provided, however, that any substantial modification of the Planning Commission's recommendation not previously considered by the Commission shall first be remanded back to the Commission for its consideration and recommendation. The Planning Commission shall hold a public meeting thereon, and report its decision back to the City Council within 60 days.

A proposal to adopt or amend any part or element of the General Plan shall not be approved by the City Council until all procedures required by CEQA and the City's CEQA Guidelines have been completed.

The Planning Department is designated as the planning agency, under the provisions of Section 65402 of the Government Code, and any similar provision of state law, to report on public acquisitions, dispositions, abandonments, and construction, as to conformity with the City of Wildomar General Plan.

Whenever any City department or a public agency is processing a project that requires a report under the provisions of Section 65402 of the Government Code, or any similar provision of state law, application shall be made to the Community Development Director on forms provided by the Planning Department and shall supply all requested information, including the following:

Within 40 days after receipt of a completed application, the Community Development Director shall make a report to the applicant as to the conformity of the location, purpose and extent of the proposed project with the General Plan.

Within 10 days after the date of mailing or delivery of the report of the Community Development Director, the applicant may appeal, in writing, to the Planning Commission on the form provided by the Planning Department. Upon receipt of a completed appeal accompanied by the fee set forth in Chapter 3.44 (Fees), the Community Development Director shall set the matter for hearing before the Planning Commission, not less than five nor more than 35 days thereafter, and shall give written notice of the hearing, by mail, to the appellant. The decision of the Commission shall be made within 30 days following the close of the hearing, shall be final, and a copy shall be mailed to the appellant.

The provisions of subdivision (a) of Section 65402 of the Government Code shall not apply to:

The provisions of subdivision (b) of Section 65402 of the Government Code shall not apply to acquisition or abandonment for street widening or alignment projects of a minor nature.

PRDs may be established on any property designated by the General Plan for residential use.

The PRD is a replacement for standard residential zoning and shall be designated as PRD on the zoning map. If a property does not have the PRD Zoning designation, the applicant shall be required to process a Change of Zone in accordance with Chapter 17.145 (Development Cide and Zoning Map Amendments) of this Title.

The total number of dwelling units in a PRD project may not exceed that which would be permitted by the general plan land use designation for the property. The permitted density may be reduced from the maximum potential per the General Plan if it is determined to be necessary to achieve compatibility with the area in which the development is located.

A variety in housing types is desired to provide visual interest and provide a range of housing types within the community.

PRDs may not be used to establish different permitted and/or conditional uses than are included in the City's standard residential zoning districts.

A subdivision map is required to process a PRD and shall prepared substantially in accordance with the conditions of approval thereof and the requirements of this section, shall be recorded pursuant to Title 16 of the municipal code.

Yards Setbacks and Building Separations. Minimum setbacks must be established by the PRD. Setbacks should be based on the proposed residential product type and configuration, topography and compatibility with the area in which the development is located.

Height Limits. All PRDs shall establish height limits for all types of structures. Maximum permitted height limits lower than those permitted in standard zoning districts may be established if it is determined to be necessary for a planned development to achieve compatibility with the area in which the development is located.

Open Space. All PRDs shall include standards for open space, recreation, and community amenities.

Maintenance of Common Areas. All PRDs must provide a mechanism for the funding of ongoing maintenance of common areas in a manner acceptable to the City.

Community Design and Unit Placement. All PRDs must include standards for the design and placement of individual housing units and/or multifamily buildings. These standards must ensure that privacy from unit to unit and from unit to private open space is maximized, including window placement and orientation of units. These standards shall seek to minimize conflict between pedestrian and auto movements and to reduce the visual prominence of garage doors for individual units.

Other Standards. All PRDs must identify the standard zoning district to be consulted for standards (such as permitted and conditionally permitted uses) which are not addressed in the PRD.

Screening. A six-foot-high masonry wall shall be constructed on any project boundary line where it is determined necessary to protect the adjacent property and ensure compatibility with the area in which the development is located.

Setbacks at Project Boundaries. In no case shall building setbacks from a project's exterior streets and boundary lines be less than 10 feet. All other setbacks and building separations shall be established by the site plan and development standards of the PRD.

Minimum Open Space Requirement. Not less than 40% of the net area of a project shall be used for open area or recreational facilities, or a combination thereof. The net area of a project shall be determined by excluding all streets, drives, and automobile storage areas. Neighborhoods should be arranged around common open space and amenities to create a sense of place.

Streets and Circulation. All streets shall be designed and constructed in accordance with City standards. The circulation plan shall demonstrate a hierarchal street pattern design to promote a sense of place and provide a logical progression to community amenities and project entrances.

Design. The overall development shall be designed for ease of use by persons of advanced age. Not less than one accessible route for handicapped persons to all on-site facilities shall be provided. Where public facilities exist, such as bus stops, sidewalks and drop-off zones, accessible routes for handicapped persons shall be provided.

Location. Developments shall be located in areas which offer services to the aged, such as transportation, shopping, recreation, and nutrition programs.

Elevators. No building shall be constructed that exceeds one story in height unless it contains elevators for the use of the occupants. Residential buildings which exceed one story shall provide additional elevators if they are needed due to the number of units or project design proposed. Elevators shall be spaced in order to minimize the walking distance from the elevators to the residential units.

Recreation. Common recreational facilities or buildings designed for senior citizen use shall be provided for the use of the occupants.

Medical. Medical offices and convalescent facilities, not including hospitals, may be required for the use of the occupants.

Handicapped Units. At least 10% of the residential units shall be adaptable for handicapped persons. Those units shall meet the standards set forth in the California Code of Regulation, Title 24.

Application. Applications for a variance shall be filed with the Planning Department on the prescribed application forms. In addition to any other application requirements, the application for a variance shall include written evidence by the applicant showing that the requested variance conforms to the required findings set forth in Section 17.70.030 (Required Findings).

Public Notice and Hearing. All applications for Variances shall require a public notice in a manner as outlined in Section 17.125.080 (Public Hearing Procedure) and a public hearing pursuant to Section 17.125.090 (Noice of Decision).

There are unique, exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to property in the vicinity and identical zone, and City of Wildomar that the granting of a variance will not constitute a granting of a special privilege inconsistent with the limitations on the property in the vicinity and identical zone;

The granting of the application is necessary to prevent a physical hardship which is not of the applicant's own actions or the actions of a predecessor in interest;

The granting of the application will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare or convenience; and

The granting of the variance will be consistent with the general purposes and objectives of Title 17, any applicable specific plans, and the General Plan.

Development agreements increase the certainty in the approval of development projects, thereby preventing the waste of resources, reducing the cost of development to the consumer, and encouraging investment in and commitment to comprehensive planning, all leading to the maximum efficient utilization of resources at the least economic cost to the public.

Development agreements provide assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules, and regulations, and subject to conditions of approval, thereby strengthening the public planning process, encouraging private participation in comprehensive planning, and reducing the economic costs of development.

Development agreements enable the City to plan or and finance public facilities, including, but not limited to, streets, sewerage, transportation drinking water, school, and utility facilities, thereby removing a serious impediment to the development of new housing.

Only a person who has legal or equitable interest in the subject property, which is the subject of the development agreement, or his/her authorized agent, may submit an application for a Development Agreement.

The City may enter into a development agreement with a person having legal or equitable interest in property within the City or unincorporated territory within that City's sphere of influence.

The proposed development agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan.

The proposed development agreement is compatible with the uses authorized in, and the regulations prescribed for, the zone in which the real property is or will be located.

The proposed development agreement is in conformity with and will promote public convenience, general welfare and good land use practice.

The proposed development agreement will not be detrimental to the health, safety and general welfare within the City.

The proposed development agreement will not adversely affect the orderly development of the property or the preservation of property values.

The proposed development agreement will promote and encourage the development of the proposed project by providing a greater degree of requisite certainty for the developer.

The proposed development agreement that includes a subdivision, and any tentative map prepared for the subdivision, will comply with the provisions in Government Code Section 66473.7.

A development agreement shall specify:

The development agreement may include conditions, terms, restrictions and requirements for subsequent discretionary actions. The agreement may provide that construction shall be commenced within a specific time and that the project or any phase thereof be completed within a specified time. The agreement may also include terms and conditions relating to applicant or public financing of necessary public facilities and subsequent reimbursements.

For development agreements including property located outside the City limits within the Sphere of Influence, the agreement shall specify a time period by which annexation of the subject property is to be completed.

After the ordinance approving the development agreement takes effect, the City shall enter into the development agreement by signature of the Mayor or his/her designee.

The City shall not execute a development agreement until it has been executed by the applicant.

Not more than 10 days following the execution of a development agreement by the City, the City Clerk shall record with the County Recorder a copy of the executed agreement.

The Community Development Director shall conduct a public hearing for the periodic review of compliance with the agreement at least every 12 months in accordance with Sections 17.125.080 through 17.125.120, inclusive. The applicant shall be required to demonstrate good faith compliance with the terms of the agreement. Where the Community Development Director finds, based on substantial evidence, that the applicant, or successor in interest thereto, has not complied in good faith with the terms and conditions of the agreement, the City Council may take action as authorized by Government Code Section 65865.1. The City Council may impose such terms and conditions on the action it takes as it considers necessary to protect the interests of the City. The decision of the City Council shall be final.

For development agreements including property located outside the City limits within the Sphere of Influence, should annexation of the subject property not be completed within the period of time specified by the agreement, or any extension thereof, the agreement is null and void.

The proposed use is consistent with the General Plan and any applicable specific plan;

The proposed use is consistent with the intent of the zone it is located in and complies with all applicable provisions of this Title and other applicable provisions of the Wildomar Municipal Code;

The proposed use will not have an adverse effect to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements;

The proposed use complies with adopted design and development standards applicable to the zone the use is located in, unless waived or modified pursuant to the provisions of this Title.

Ensure that the proposal conforms in all significant respects with the Wildomar General Plan and with any other applicable plans or policies adopted by the City Council;

Achieve the general purposes of this Title or the specific purpose of the zone in which the project is located;

Achieve the findings for a use permit listed in Section 17.80.050 (Required Use Permit Findings); or

Mitigate any potentially significant impacts identified because of environmental review conducted in compliance with the California Environmental Quality Act.

Requirements. A major development review permit is required for any development project that does not qualify for a minor development review as described in Chapter 17.90.

Approving Authority. The Planning Commission shall be the designated approving authority for major development review applications. The Planning Commission shall approve, approve with conditions, or deny applications for major development review after making the required findings.

Issuance of Permits. Major development review approval is required prior to issuance of any building or grading permits and prior to or in conjunction with discretionary action on corresponding development applications (e.g., conditional use permit, variance).

Procedure for Application Processing. The procedures for application processing shall be as provided in Chapter 17.125 (Common Application Processing Procedures).

Findings. Major development review shall be granted only when the following findings have been made in writing:

Requirements. A minor development review permit is required for the following items:

Exemptions. The following structures are exempt from development review (minor or major). However, such structures may require Zoning Clearance to ensure compliance with adopted Building Code standards and applicable Title 17 provisions:

Approving Authority. Refer to Table 17-125.110-1, Designated Authority for Approval.

The Community Development Director has the discretion to determine that the request requires a major development permit or should be elevated to the Planning Commission or City Council as deemed appropriate.

Procedure for Application Processing. The procedures for application processing shall be as provided in Chapter 17.125 (Common Application Processing Procedures).

Findings. Approval of a minor development review is subject to the following findings as made by the Community Development Director in writing:

A request for reasonable accommodation may be made by any person with a disability, their representative, or any entity, when the application of a requirement of this Title or other City requirement, policy, or practice acts as a barrier to fair housing opportunities for a person with a disability, as defined by the Acts. A person with a disability is a person who has a physical/mental impairment or medical condition that limits or substantially limits one or more major life activities, anyone who is regarded as having such disability, or anyone who has a record of such disability.

A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the 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 their choice.

A reasonable accommodation is granted to the household that needs the accommodation and does not apply to successors in interest to the site.

A reasonable accommodation may be granted in compliance with this section without the need for the approval of a variance.

Application. A request for reasonable accommodation shall be submitted on an application form provided by the planning department or in the form of a letter to the Community Development Director, and shall contain the following information:

Review with Other Land Use Applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including conditional use permit, development review, etc.), then the applicant shall file the information required by Section 17.95.030(A), Application, together for concurrent review with the application for discretionary approval.

Community Development Director. Requests shall be reviewed by the Community Development Director.

Other Review Authority. A request for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the Community Development Director. The other discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application and be provided with the findings made by the Community Development Director.

Community Development Director Review. The Community Development Director shall make a written determination within 45 days of the application being deemed complete and either grant, grant with modifications, or deny a request for reasonable accommodation.

Other Review Authority. Written determination regarding a request for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be made by the Community Development Director within 30 days of the application being deemed complete, who shall either grant, grant with modifications, or deny a request for reasonable accommodations.

Whether the housing in the request will be used by an individual considered disabled under the acts;

Whether the request for reasonable accommodation is necessary to make specific housing available to an individual considered disabled under the acts;

Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the City;

Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a City program or law, including, but not limited to, land use and zoning.

Application Filing and Processing. Applications for a similar use determination shall be filed and processed in accordance with the applicable procedures contained in Chapter 17.125 (Common Application Processing Procedures).

Application Fees. Application fees shall be collected in accordance with the provisions of Chapter 3.44 (Fees).

The characteristics of and activities associated with the proposed use are equivalent to one or more of the listed uses and will not involve a higher intensity of activity, environmental impact, or population density than other uses permitted in the zone.

The proposed use is consistent with the purposes of the applicable zone.

The proposed use is consistent with the goals and policies of the adopted General Plan and any applicable specific plan.

The application request as acted upon by the approving authority.

The action taken by the approving authority.

Findings as listed for the approval.

The deadlines, criteria and fees for filing an appeal.

Exempt Temporary Uses. The following temporary uses are exempt from the permit requirements of this section, provided they comply with the development standards listed below.

Temporary Use Permit Required. The following temporary uses and activities may be allowed, subject to the issuance of a temporary use permit. A complete application for a temporary use shall be submitted to the Planning Department at least 60 days prior to the scheduled use and include a minor or major development review application accompanied by the required filing fee outlined in Chapter 3.44 of the WMC. The application package shall also include a site plan exhibit and a signed letter from the property owner authorizing said temporary use.

Findings for Temporary Uses. A temporary use permit shall meet all the findings below. If the Director does not make all of these findings, the temporary use permit shall be denied.

Conditions. In approving a temporary use permit, the Director may impose such applicable conditions to ensure the protection of the public health, safety, and general welfare. Such conditions may include, but not be limited to, the following:

Revocation. A temporary use permit may be revoked pursuant to and in accordance with Section 17.125.150 (Revocation of Variance and Permits).

Temporary Event Permit Application. A complete application for a major or minor temporary event shall be submitted to the Community Development Director, or designee, at least 60 days prior to the scheduled event, or as otherwise approved by the City Manager, or designee. The application shall include a minor or major development review accompanied by the required filing fee. The application package shall also include a signed letter from the underlying property owner authorizing said event on the property in question. If the event is held within a multi-tenant commercial center, the application package shall also include a signed letter from each business owner that may be affected by the event.

Use Time Limitation. A major or minor temporary event shall be allowed no more than six times per calendar year subject to the requirements specified in subsection C below. Any event exceeding six times per calendar year shall require approval of a conditional use permit by the Planning Commission.

Requirements for Approval. The Community Development Director shall approve a major or minor temporary event provided all of the following requirements are complied with.

Hours of Operation. A major or minor temporary event shall be permitted only between the hours of 8:00 a.m. to 8:00 p.m. (Sunday through Thursday) and 8:00 a.m. to 10:00 p.m. (Friday through Saturday). Any event outside of these hours shall be approved by the City Council prior to the temporary event application submittal to the Planning Department.

Bond and Insurance. The Community Development Director may require an applicant for a major and/or minor event to post a bond, or to otherwise financially secure that the event location is restored to its original condition and that the City is fully reimbursed for any unanticipated law enforcement or emergency medical expenses. The Community Development Director shall determine the amount of the bond or other security and the applicant shall post it with the Chief Building Official. The Community Development Director may also require an applicant for a major and/or minor event to obtain indemnity or liability insurance naming the City as the insured if the event is held on public property.

Advertising/Ticket Sales. No person shall advertise, sell, or furnish tickets for a minor event until a permit has been obtained for the event in accordance with this chapter.

Revocation. A minor event permit may be revoked pursuant to and in accordance with Section 17.125.150 (Revocation of Variances and Permits).

Home-Based Business Permit Required. The provisions of this chapter shall apply to the operation of a home-based business in the primary residential dwelling. A home-based business permit is intended to allow for registered, independent enterprises conducted within homes, which are clearly incidental and secondary to the use of the dwelling unit, and are compatible with surrounding residential uses.

Permit Required. A home-based business shall not commence operation prior to being approved and receiving a concurrent valid business registration permit pursuant to Chapter 5.68 (Business Registration and Licensing Program) of the Wildomar Municipal Code.

Prohibited Home-Based Businesses. Certain uses are not compatible with residential activities and shall be prohibited. Prohibited home-based businesses shall include those that do not meet the criteria of Section 17.110.060.

The use of the dwelling for a home-based business shall be clearly incidental and subordinate to its primary use as a residence by its inhabitants. The establishment and conduct of a home-based business shall not change the principal character or use of the dwelling unit or property involved and be subject to the following.

Automotive sales or repair (body or mechanical), upholstery and painting.

Medical offices, clinics and laboratories.

Cannabis dispensaries and sales.

Household appliance repairing.

Welding.

Industrial uses of any kind.

Outdoor storage uses of any kind.

Similar uses as determined by the Community Development Director.

Cottage foods operations are required to obtain a home-based business permit and City Business Registration and shall be permitted as defined by Health and Safety Code Section 113758, conducted only within a dwelling that contains the dwelling's kitchen and shall not be allowed in a garage or other accessory building.

Microenterprise Home Kitchen Operations are required to obtain a home-based business permit and City Business Registration and shall be permitted as defined by Health and Safety Code Section 114367 conducted only within a dwelling that contains the dwelling's kitchen and shall not be allowed in a garage or other accessory building.

Application Filing and Processing. Applications for home-based business permits shall be filed and processed in accordance with this chapter and Chapter 5.68 of the Wildomar Municipal Code.

Application Fees. All fees shall be provided by the applicant before the application is submitted and accepted for processing.

Business Registration Required. All home-based businesses shall be required to obtain approval of a City business registration in accordance with Chapter 5.68 of the Wildomar Municipal Code.

Owner Consent. For home-operated businesses conducted on rental property, the property owner's written authorization for the proposed use shall be obtained prior to submittal of an application for a home-based business permit and business registration.

Home-Based Business Permit. Prior to approving an application for a home-based business permit, the approving authority shall make all the following findings:

Application. In addition to all other applicable federal, state, and local laws, rules, regulations, and ordinances, no permanent or temporary signs shall be placed, erected, used or maintained until a sign permit or a temporary sign permit has been issued by the Chief Building Official on the form provided by the building department accompanied by the required filing fee. The contents of the application shall be determined by the Chief Building Official.

Standards. Sign permit applications shall be reviewed for compliance with the sign regulations and standards outlined in Chapter 17.180 of this Title.

Advise a prospective applicant of current City standards and requirements;

Assess whether a prospective applicant's development proposal is consistent with the Wildomar General Plan, Title 17, and other current City standards and requirements before a formal application is actually filed and fees are paid;

Shorten the length of time required to process a formal development proposal once it has been accepted for processing;

Encourage development proposal designs which are sensitive to environmental and developmental constraints, and which lessen the need for subsequent costly and time consuming redesigns;

Provide a written record of staff's assessment of a development proposal in the form of a PAR staff review comment letter;

Limit requests for special studies to those identified in the PAR letter.

Every PAR application shall be made in writing to the Community Development Director on the forms provided by the Planning Department. The application shall be accompanied by the filing fee set forth in Chapter 3.44 (Fees) of the Wildomar Municipal Code. All primary exhibits or maps submitted with an application must be clearly drawn and legible.

The amount of information which an applicant must submit with a PAR application increases with the complexity of the development proposal. The information required under subsections C and D of this section is considered to be the minimum required, and the Community Development Director may require additional information if the information submitted does not adequately define the proposal.

All PAR applications submitted by an applicant shall submit a PAR site plan packet containing the following information:

The exact dimensions of each lot, space or site are unnecessary. For example, although there may be some variation in size and/or shape, if most lots are expected to be a 60-foot wide and 100-foot deep rectangle, then all lots may be represented this way on the PAR site plan exhibit;

The exact dimensions of each lot, space or site are unnecessary. For example, although there may be some variation in size and/or shape, if most lots are expected to be a 60-foot wide and 100-foot deep rectangle, then all lots may be represented this way on the PAR exhibit;

Distribute the PAR application packet to city departments, applicable outside agencies and affected special districts for review and comment;

Conduct an internal PAR review meeting to discuss the development proposal after the City departments, applicable outside agencies and affected special districts have had two weeks to review the proposal.

Within four weeks after the PAR application is submitted and reviewed, the planning department shall prepare a PAR staff review comment letter for the applicant.

The PAR letter shall contain staff review comments on the applicant's development proposal but shall not constitute or be considered approval or denial of the development proposal. Although the content of the PAR letter will depend on the type of proposal, its proposed location, the background information provided by the applicant, and other factors, the letter shall generally provide the applicant with the following types of information:

No issues other than those identified in the PAR letter shall be raised by staff during processing of the development proposal, unless the formal proposal introduces a new site plan or use type. The PAR letter shall be valid for one year from the date thereof.

Where the Community Development Director subsequently determines, however, that conditions have changed or that the existing information does not fully address all significant concerns, staff may require an additional study or studies not specified in the PAR letter. Similarly, City and special district policies may change during the letter's one-year life, and policy recommendations, which were valid when the letter was issued, may or may not be valid when the development proposal is filed and processed. In such cases, the development application will be subject to City and special district policies in effect at the time of filing or hearing, whichever is appropriate. State and federal policies and laws unknown or not effective at the time of PAR may also affect the subsequent application.

Notwithstanding the above, the PAR letter shall not in any manner whatsoever bind the appropriate hearing officer or approval authority and shall not preclude such hearing officer or approval authority from requiring additional information or studies or from making additional recommendations in the course of the decision-making process.

All applications for a permit or approval, as identified in this Title, must be submitted to the Planning Department on a completed City application form designated for the specific proposal.

Minimum submittal requirements shall be established by the Community Development Director and are listed on each application type. Additional information specific to the permit or approval and necessary for the complete analysis of an application may be required by the Community Development Director. All required material, information and fees shall be provided by the applicant before the application is submitted and accepted for processing.

All applicable processing fees as set forth in Chapter 3.44 (Fees) of the Wildomar Municipal Code for each development application type shall be submitted simultaneously with the proposed development application(s), development plans and technical studies. Applications initiated by the City shall not require an application fee.

Property owners or all contract purchasers of a subject property, or any person authorized in writing to act as an agent of the owner or contract purchasers.

Public agencies or utilities that have statutory rights of eminent domain for projects they have the authority to construct.

Initial Determination. Within 30 days of application submittal, the Community Development Director shall determine whether the proposed development application is complete in accordance with Government Code Section 65493 (Permit Streamlining Act). The Community Development Director shall notify the applicant in writing that one of the determinations has been made:

Application Resubmittal. Any application resubmittal shall include the application determination letter and applicant response letter where in the resubmittal the additional information can be found.

Determination on Resubmittal. Within 30 days of submittal of a revised development application package, in response to a determination of incompleteness, the Community Development Director shall determine whether the resubmitted application is complete. The Community Development Director shall notify the applicant in writing that a determination has been made.

Right to Appeal. The applicant may appeal the determination in accordance with Section 17.125.110 (Appeals) and California Government Code Section 65493 (Permit Streamlining Act). A final written determination on the appeal shall be rendered not later than 60 days after receipt of the applicant's written appeal.

After acceptance of a complete application, the project shall demonstrate compliance with Title 14 of the California Code of Regulations (CEQA Guidelines). If Title 14 of the California Code is amended, such amendments will govern City procedures.

The Community Development Director may refer an application for review and comment to any other government agency and/or City department that he/she determines appropriate to ensure compliance with all provisions of this Title, the Wildomar Municipal Code, and other adopted policies and plans.

Reports for an application shall be prepared and disseminated as follows:

Request. The Community Development Director may withdraw any application upon written request by the applicant or authorized agent representative prior to the final determination on the application.

Notice of Withdrawal. The Community Development Director shall mail a notice of withdrawal to the applicant within three business days to notify the applicant that the application has been withdrawn and that all processing of the application has been terminated. A copy of the notice shall be placed in the project file. If the applicant subsequently wishes to pursue the project, a new application, including fees, plans, exhibits and other materials must then be filed in compliance with the Chapter.

Fees Partially Refunded. Partial refunds of unused permit fees collected by the City may be granted, at the discretion of the Community Development and Administrative Services Directors only if, prior to staff making a determination or recommendation on the application, the applicant submits a written request to withdraw the application.

Public Hearing Required. Where required pursuant to this Title, the following procedures shall govern the public notice and public hearing for a permit or other approval.

Notice of Public Hearing.

Requests for Notification. Any person who requests to be on a mailing list for notice of hearing shall submit such request in writing to the City Clerk. The City may impose a reasonable fee for recovering the cost of such notification.

Receipt of Notice. Failure of any person or entity to receive any properly issued notice required by law for any hearing required by this Title shall not constitute grounds for any court to invalidate the actions of a designated approving authority for with the notice was given.

Hearings shall be held at the date, time and place for which notice has been given as required in this chapter. The recommending authority and approving authority shall conduct the public hearing and hear testimony from interested persons.

Any hearing may be continued to a certain date, time, and place with no additional notice required. The continuance may occur either before the item is heard (if no one is present to testify or all those present consent to the continuance) or after testimony has been taken and before the completion of the hearing.

If the hearing is not continued to a date, time, or place certain, the hearing shall be re-noticed in accordance with the procedures of this section.

Whenever any person desires to obtain a recording of a public hearing held by the City Council or the Planning Commission, he or she shall notify the City Clerk in writing, if the hearing is before the City Council, or the Secretary of the Planning Commission if the hearing is before the Planning Commission.

Whenever any person desires to obtain a Clerk's transcript of the documents involved in a proceeding before the City Council or the Planning Commission, he or she shall make a written request to the City Clerk, if the matter is before the City Council or to the Secretary of the Planning Commission, if the matter is before the Planning Commission. The Clerk or Secretary shall determine the number of pages involved and require payment, if applicable, in advance for the transcript at the current rate.

Recommending Authority. The recommending authority, denoted with an R, as designated in Table 17.125.100-1 (Designated Authority for Permits and Approvals) shall hear and make recommendations on the proposed land use or development permit or approval in accordance with the requirements of this Title.

Approving Authority. The approving authority, denoted with an A, as designated in Table 17.125.100-1 (Designated Authority for Permits and Approvals) shall approve, conditionally approve or deny the proposed land use or development permit or approval in accordance with the requirements of this Title. Generally, the Community Development Director and his/her designee will make non-discretionary and discretionary decisions at the administrative level, the Planning Commission will make discretionary decisions, and the City Council will make the legislative decisions. In acting on a permit, the approving authority decision may be appealed pursuant to procedures set forth in Section 17.125.110 (Appeals).

At any point in the review process, the Community Development Director at his/her discretion may transfer approving authority to the Planning Commission or City Council because of policy implications, unique or unusual circumstances, or the magnitude of the project.

Appeals of Community Development Director Decisions. Decisions of the Community Development Director may be appealed to the Planning Commission by filing a written appeal and prescribed appeal fee with the Planning Department.

Appeals of Planning Commission Decisions. Decisions of the Planning Commission may be appealed to the City Council by filing a written appeal and prescribed appeal fee with the City Clerk.

Time Limits. Unless otherwise specified in state or federal law, all appeals shall be filed in writing within 10 calendar days after the date on which the action was taken. In the event an appeal period ends on a Saturday, Sunday, or any other day the City is closed, the appeal period shall end at the close of business on the next consecutive business day.

Procedures.

Time Limits. Any permit not exercised within the specified time limit from the date of approval shall expire and become void, except where an extension of time is approved pursuant to this Section. See Table 17.125.120-1 for permit timelines, expiration, and extensions.

Exercising Permits. The exercise of a permit occurs when the property owner has performed substantial work and incurred substantial liabilities in good faith reliance upon such permit(s), as determined by the Community Development Director. A permit may be otherwise exercised pursuant to a condition of the permit or corresponding legal agreement that specifies that other substantial efforts or expenditures constitutes exercise of the permit. Following are the criteria for determining if a permit has been exercised and therefore would not expire:

Permit Extensions. All permits granted pursuant to this chapter shall be valid for the length of time specified in Table 17.125.120-1, following the approval of said permit, unless the permit as granted specifies a shorter initial time period. The permit shall become null and void unless the permits have been issued and the use commences, or the approved permit is extended by request of the permittee under the provisions of this chapter. The term "use commences" means either the beginning of substantial construction of facilities for the use that is authorized, which construction must thereafter be pursued diligently to completion, or the actual occupancy of existing buildings or land under the terms of the authorized use.

Multiple Entitlements. Notwithstanding the expiration specified for individual permit and approval types, when an approved project had more than one permit or approval processed concurrently all permit expiration dates shall be consistent. The longest time to permit expiration date shall apply.

Expiration. The City may take action to revoke the permit that has expired.

Permit Expiration for a Closed Business. All permits shall expire when a business or use is closed or discontinued for more than one calendar year. Approval of new permits based on current requirements shall be required prior to any business activity or use on the site.

Applicability. A request for approval of a modification to an approved development permit, conditional use permit, public use permit, or variance, shall be made in accordance with the provisions of this chapter. A modification under this chapter means a determination of substantial conformance or a request for a revised permit as further defined herein. These provisions shall not be applicable to wind energy conversion system permits.

Applications. Applications for substantial conformance or revised permit shall be filed in writing with the Community Development Director, accompanied by the fees as set forth in Chapter 3.44 (Fees), and shall include the following:

Requests for Substantial Conformance.

Revised Permits. A "revised permit" means a modification of an approved permit which does not change the basic concept or use allowed by the original approval. A revised permit may include, but is not limited to, a significant increase in intensity of the approved use, changes resulting in significant adverse effects, expansion within the approved permit area, and changes to the original conditions of approval, including extensions to the overall life of the permitted use, as determined by the Planning Director.

Processing Procedures.

Approval Period. The approval of an application for substantial conformance or revised permit shall be valid until the expiration of the original permit, unless an extension of time has been granted by an approved revised permit.

Applicability. An application shall not be accepted or acted upon if within the past one year the City has denied an application for substantially the same project on substantially the same real property, unless the Community Development Director finds one or more of the following circumstances to exist:

Conditions for Revocation.

Revocation Procedure. Upon determination by the Director of the Building and Safety Department that grounds for revocation exist, the following procedure shall take effect:

Public Improvements. Applicants shall construct public improvements to City standards and shall comply with the requirements set forth in Chapter 16.24 (Improvements), with the following modifications:

Security. Applicants are required to guarantee the construction of public improvements by executing an improvement agreement secured by a bond or cash deposit before issuance of a building permit for the subject property. If the building permit is not exercised, the improvement obligation shall terminate, and the security shall be returned. The City Engineer is authorized to execute agreements on behalf of the City. The improvement agreement and security shall comply with the requirements set forth in Chapter 16.56 (Security for Improvements and Taxes) with the following modifications:

Deferrals of Public Improvement Requirements. Any required frontage improvements may be deferred when deemed appropriate by the City Engineer. Deferral shall be allowed only when the City Engineer finds that construction is impractical due to physical constraints. When improvements are deferred, the applicant shall enter into an agreement with the City for the installation of all frontage improvements at a future date as determined by the City Engineer. The agreement shall be approved by the City Attorney. The agreement shall provide for the following:

Exemption for Expansion of Existing Single-Family Homes.

Unless considered a minor amendment (see subsection B of this section), all amendments to previously approved entitlements require the submittal of a new land use application and are subject to the Zoning regulations currently in place.

The types of minor amendments set forth in this subsection to projects are permitted without a new application. Limited minor amendments to previously approved entitlements may be approved by the Community Development Director, as follows:

All structures that require a building permit;

Signs;

Business registrations;

All planning entitlement and permit approvals to ensure compliance with applicable conditions of approval; and

All other City applications that may be subject to the provisions of this Title, including, but not limited to, tree removal, business registration, encroachment, and grading and improvement plans.

Purpose. The purpose of prezoning is to establish the zone for unincorporated property within the sphere of influence, prior to annexation.

Review Process. The method of accomplishing prezoning shall be the same as for a Zone Change.

Effective Date. Such prezoning shall become effective at the time annexation is complete.

As the date of Title 17 adoption, the City does not have any sphere of influence land.