Division 3 — PERMIT REQUIREMENTS AND PROCEDURES

A.

Applicability. An Administrative Permit is required in cases where staff level review is needed to ensure established City requirements are met by a development or use, and/or where a record of the use is needed for notification, emergency or public safety purposes, but where no discretionary action is required.

Administrative Permits cannot be used to authorize uses not otherwise permitted in the zone, nor can they modify any development criteria for the zone. They can only be used to ensure authorized uses meet all applicable development and operating requirements.

B.

Application Materials. In addition to the general application materials required by Section 28.51, the applicant shall provide:

1.

Project Description. A clear description of the use under consideration for an Administrative Permit, and how the proposed use will meet the conditions specified for it in the Land Use Restrictions.

2.

Items Specified in Land Use Restrictions. Any other material specified for the use in the Land Use Restrictions.

C.

Relationship to CEQA. Administrative Permits are ministerial in nature since their review is limited to consideration of compliance with the established standards identified in the Land Use Restrictions and other applicable development regulations in accordance with Subsection A (above). They are therefore exempt from CEQA pursuant to California Code of Regulations Section 15268.

D.

Public Notice and Hearing Requirements. Since decisions are ministerial in nature, no public notice or public hearing is required by the State. However, as a courtesy, this chapter does require some Administrative Permits have a Contiguous Properties notice where specified in the Land Use Restrictions.

E.

Administrative Permit Approval Criteria. When issuing an Administrative Permit, the Director must find that the proposal, including its uses and structures, comply with the Land Use Restrictions, as well as any other provisions, standards or requirements of this chapter, or any other regulations adopted by the City through ordinance or resolution.

F.

Renewal. Administrative Permits must be reviewed and renewed annually unless a termination date has been established as part of the permit.

(Ord. No. 503, 12-16-2014)

A.

Applicability. A Sign Permit is required for all commercial, industrial, high density residential, and recreational uses that wish to advertise their location, products or services in any way. This review is intended to ensure that all advertising signs in the City meet the Sign Standards of Article IV, Division 7, and all other applicable standards set by this chapter or any other applicable regulations adopted by the City through ordinance or resolution. A Sign Permit cannot be approved to advertise a use not legally established in the zone.

B.

Application Materials. In addition to the general application materials required by Article V, Division 2, the applicant shall provide:

1.

Project Description. A clear description of the type of sign being requested, where it will be located and what size it will be.

2.

Site Plan. (Required for a Free-Standing Sign only) Provide a site plan (which may be hand-drawn as long as it is drawn to scale) showing all property within the boundaries of the Legal Lot where the sign is proposed, the footprint of all the key structures on the lot (including parking areas), and the location of any road easements.

3.

Elevations. (required for a Building Sign only) Provide an elevation drawing (which can be hand-drawn as long as it is drawn to scale) showing the entire face of the building upon which the sign is to be located and drawing the sign on the building to scale.

4.

Illustrations. (all signs) Provide illustrations of the proposed sign, complete with outside dimensions, and sign-face dimensions, color and material samples, and any other information that will help identify and illustrate the sign requested for approval.

C.

Relationship to CEQA. Sign Permits are ministerial in nature since their review is limited to consideration of compliance with the established standards identified in Article IV, Division 7 (Sign Standards) and other applicable development regulations in accordance with Subsection A (above). They are therefore exempt from CEQA pursuant to California Code of Regulations Section 15268.

D.

Public Notice and Hearing Requirements. Since Sign Permits are ministerial in nature, no public notice or public hearing is required.

E.

Sign Permit Approval Criteria. When issuing a Sign Permit, the Commission must find that the proposal complies with the Sign Standards outlined in Article IV, Division 7 of this chapter, and any other applicable provisions, standards or requirements of this chapter, or any other regulations adopted by the City through ordinance or resolution. Once approved, Sign Permits may be renewed administratively as long as no material changes are made to the approved sign.

(Ord. No. 503, 12-16-2014)

A.

Applicability. A Site Plan Review Permit is required for all new or Substantially Improved commercial, industrial, or high density residential projects. This review is intended to ensure that these projects meet the Site Planning and Development Standards of Article IV, and all other applicable standards set by this chapter or any other applicable regulations adopted by the City through ordinance or resolution.

A Site Plan Review Permit cannot authorize a use not otherwise allowed in the zone, nor can it change any General Development Standards of the zone.

B.

Application Materials. In addition to the general application materials required by Article V, Division 2, the applicant shall provide:

1.

Site Plan. A site plan, drawn to scale, showing all property within the boundaries of the Legal Lot where the project is proposed, all structures and easements within and adjacent to the lot, and the footprint of all improvements for the lot. Landscape drawings shall also be included along with a planting pallet that conforms to the requirements of the Landscape Standards in Article IV. The site plan shall also clearly show required parking, drainage areas and other features required by Article IV.

2.

Elevation Drawings. Architectural elevations of all sides of all structures proposed for construction or exterior modification. These must be drawn to scale and include a reasonable likenesses of materials and lighting used in construction or renovation.

3.

Materials Board. A sample of each of the key materials used in the hardscape and building construction, including paint and roofing colors.

C.

Relationship to CEQA. Site Plan Review Permits are ministerial in nature since their review is limited to consideration of compliance with the established standards identified in Article IV (Site Planning and Development Standards), the Land Use Restrictions, and other applicable development regulations in

accordance with Subsection A (above). They are therefore exempt from CEQA pursuant to California Code of Regulations Section 15268.

D.

Public Notice and Hearing Requirements. Since Site Plan Review Permits are ministerial in nature, no public notice or public hearing is required. However, due to the high level of public interest in these projects, a courtesy notice of the pending Commission meeting will be distributed in accordance with Table 28.50.020.

E.

Site Plan Approval Criteria. When issuing a Site Plan Review Permit, the Commission must find that the proposal, including its uses and structures, comply with the Site Planning and Development Standards outlined in Article IV of this chapter, and any other provisions, standards or requirements of this chapter, or any other regulations adopted by the City through ordinance or resolution.

F.

Maintenance Agreement. When approving a Site Plan Permit it should be remembered that the permit will not be recorded with the County Recorder and all conditions specified within the permit will terminate once the development is approved for occupancy. Therefore, the Decision Making Authority may want to consider requiring a Maintenance Agreement be recorded prior to occupancy as part of the Conditions of Approval for the Site Plan to ensure improvements are maintained as envisioned.

(Ord. No. 503, 12-16-2014)

A.

Applicability. A Use Permit (UP) is required for activities that may be appropriate in the applicable zone, but where their potential for adverse effects on the site and surroundings cannot be determined without a site specific review. Since strict standards cannot be set for these uses that would fit every situation, significant discretion must be exercised in placing these uses. In addition to permitting the identified use in a zone, a Use Permit can also authorize or require changes to setbacks, building heights, parking requirements, and any other development standard or criteria otherwise applicable to the zone if findings can be made to support the changes pursuant to Subsection F (below).

B.

Application Materials. In addition to the general application materials required by Article V, Division 2, the applicant shall provide:

1.

Project Description. A clear description of the operation under Use Permit review is required. This is critical for business operations as uses and processes not clearly indicated as approved by the Use Permit cannot be allowed on site.

2.

Site Plan. A site plan, drawn to scale, showing all property within the boundaries of the Legal Lot where the project is proposed, all structures and easements within and adjacent to the lot, and the footprint of all improvements for the lot. Landscape drawings shall also be included along with a planting pallet that conforms to the requirements of the Landscape Standards in Article III. The site plan shall also clearly show required parking, drainage areas and other features required by Article III, and identify any areas of significance for the use requested as part of the Use Permit (for example: outdoor storage areas, outdoor work areas, construction equipment parking, outdoor repair areas, etc.)

3.

Elevation Drawings. Architectural elevations of all sides of all structures proposed for construction or exterior modification. Drawn to scale and including reasonable likenesses of materials and lighting used in construction or renovation.

C.

Relationship to CEQA. The approval of a Use Permit is a discretionary project and is subject to the requirements and procedures of CEQA.

D.

Public Notice and Hearing Requirements. Use Permits require a public hearing and notice as identified in Table 28.50.020.

E.

Relationship to Other Permits.

1.

Administrative Permits and Sign Permits. Administrative and Sign Permits must be processed separately from Use Permits, where they are required, as they are renewed annually and do not establish rights that run with the land.

2.

Site Plan. Projects requiring a Use Permit are not required to file for a separate Site Plan Review as the review for compliance with all but the Sign Standards of Article IV are incorporated into the Use Permit review process.

3.

Variance. Variances may be processed concurrently with Use Permits if changes to the General Development Standards are required. However, Variances must be processed as a separate application due to the unique findings that must be made.

F.

Use Permit Approval Criteria. In addition to findings of consistency with the requirements and standards of this chapter, including the Site Planning and Development Standards outlined in Article IV, the Decision Making Authority shall make the following findings before approving a Use Permit application:

1.

The proposed use is consistent with the General Plan; and

2.

The proposed use would not be detrimental to the public health, safety and welfare, or injurious to the neighborhood; and

3.

The proposed use is specifically allowed by a Use Permit pursuant to this chapter; and

4.

The proposed use will not be disruptive to the intended Primary Use of the Zone.

G.

Permitted Conditions. The Decision Making Authority may impose such conditions as it deems necessary to secure the purposes of this chapter including, but not limited to:

1.

Requiring tangible guarantees or evidence that such conditions are being, or will be, complied with.

2.

Requiring a Maintenance Agreement to ensure improvements will be maintained in accordance with the Use Permit.

3.

Establishing a termination date for the Use Permit.

4.

Establishing a termination condition linked to closure of a business or other clearly definable event.

H.

Permit Runs With The Land. When approving a Use Permit it should be remembered that the permit will be recorded with the County Recorder and all conditions and permitted uses will run with the land unless a termination date, or termination condition, is included with the Use Permit.

(Ord. No. 503, 12-16-2014)

28.52.050 - Variance (V) permit.

A.

Content. This Section describes the process for City consideration of requests to modify certain standards of this chapter.

B.

Applicability. Pursuant to California Government Code Section 65906, Variances from the terms of the Zoning Ordinance shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.

Any Variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

A Variance shall not be granted which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property.

C.

Application Materials. In addition to the general application materials required by Article V, Division 2, the applicant shall provide:

1.

Variance Request. A clear description of the Zoning Ordinance condition that is presenting a problem for development and why. The applicant should also provide a proposed alternative to the condition. For instance, if a property has a drainage issue that prevents construction in a large portion of the lot, and that condition combined with ordinance setback requirements prevents the construction of a reasonably sized residence on the property, what would remedy the problem? Reducing side yard setbacks to 5 feet? Allowing construction within 10 feet of the front lot line? The request should be specific.

2.

Site Plan. A site plan, drawn to scale, showing all property within the boundaries of the Legal Lot where the project is proposed, all structures and easements within and adjacent to the lot, and the footprint of all improvements for the lot.

D.

Relationship to CEQA. Variances are discretionary projects and subject to the requirements and procedures of CEQA.

E.

Public Notice and Hearing Requirements. Variance applications require a public hearing and notice as identified in Table 28.50.020.

F.

Relationship to Other Permits. Variance applications are required to be presented at a public hearing and can be processed concurrently with Use Permits. Projects that do not require a public hearing, like Site Plans and Sign Permits, may be processed concurrently with a Variance application by progressing through the hearing process as a subordinate application.

G.

Variance Approval Criteria. Pursuant to California Government Code Section 65906, a Variance shall be granted by the Decision Making Authority only where all of the following circumstances are found to apply:

1.

There are special circumstances or exceptional characteristics or conditions relating to the land, building, or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings, or uses in the vicinity and the same zone;

2.

The strict application of the zoning regulations as they apply to the subject property would deprive the subject property of the privileges enjoyed by other property in the vicinity and the same zone;

3.

A Variance granted shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated; and

4.

The granting of the Variance is compatible with the maps, objectives, policies, programs, and general land uses specified in the General Plan, and not detrimental to the public health, safety, and welfare or injurious to the neighborhood.

H.

Conditions of Approval. In approving a Variance, the Decision Making Authority may impose any conditions deemed reasonable and necessary to ensure that the approval will comply with the findings required in Subsection G, above.

I.

Permit Runs With The Land. When approving a Variance it should be remembered that the permit will be recorded with the County Recorder and the Variance granted by the permit and the conditions associated with it will run with the land.

(Ord. No. 503, 12-16-2014)

28.52.090 - Appeals.

A.

Applicability. Any decision by a Decision Making Authority may be appealed as indicated in Table 28.50.020 provided:

1.

The appeal is filed in writing, along with the applicable fee, within 10 working days from the date of the decision. Fees for each level of appeal shall be established by resolution of the Council.

2.

The appellant shall clearly identify in the appeal letter the specific reasons for the appeal and the relief requested.

B.

Hearing Date Established. The hearing on an appeal shall be set no more than 30 days from receipt of a completed appeal form and fee. If the Commission or Council meeting is canceled for any reason on the date on which the appeal would normally be heard, the appeal shall be heard on the first regularlyscheduled meeting following the canceled meeting date, but before the lapse of Time to Render Decision pursuant to Subsection C below.

The 30-day time limitation may be extended by mutual consent of the appellant(s), the applicant, if different from the appellant, and the appeals body. Once the date and time for the hearing is established in this manner the hearing may be continued only by such mutual consent.

C.

Time to Render Decision. The Commission and/or the Council shall render its decision on the appeal within 60 days of receipt of filing. The 60-day time limitation may be extended by mutual written consent of the appellant(s), the applicant, if different from the appellant, and the appeals body. Once the date and time for the decision is established the date may be continued only by such mutual consent.

D.

Consideration of Issues. The hearing body for the appeal shall consider all issues raised by the appellant and may consider other issues related to the project being appealed..

E.

Withdrawal of Appeal. In any appeal action brought in compliance with this Section, the appellant(s) may withdraw the appeal at any time prior to the commencement of the public hearing. However, in doing so, they are barred from bringing the appeal up again at a later date. For the purposes of this Section, the public hearing shall be deemed commenced upon the taking of any evidence, including reports from staff.

F.

Exhaustion of Remedies. No person shall seek judicial review of a City decision on a planning permit or other matter relating to enforcement of this chapter until all appeals to the Commission and Council have been exhausted in compliance with this Section.

(Ord. No. 503, 12-16-2014)