Chapter 9.17 — Development Permits

The Development Permit procedure is intended to protect and enhance the visual appeal, environment, economic stability and property values of the Town's residential, commercial and industrial areas through the application of the provisions of this Code and the General Plan. The Development Permit procedure allows the Town to evaluate proposed development and determine its consistency with the General Plan and applicable Town ordinances. The Development Permit process is intended to implement the General Plan by creating a built environment that is consistent and compatible with the desert environment and to preserve Apple Valley's unique character.

A Development Permit allows for the architectural/aesthetic review of structures permitted by this Code for the various zoning districts. A Development Permit is not required if a Conditional Use Permit has been submitted and approved where the Commission has addressed the aesthetics and site design issues required under a Development Permit.

A.

A Development Permit approved by the Director shall be required for:

1.

All commercial, office and industrial development 100,000 square feet or below.

Any addition, reconstruction or relocation totaling more than fifty (50) percent of the existing floor area, or 2,500 square feet, or exterior remodeling or construction altering the exterior appearance of a commercial, office or industrial building.

B.

A Development Permit approved by the Planning Commission shall be required for:

1.

All residential tract development (except single-family residential homes built on individual lots or tracts conditioned for custom home development).

2.

All commercial, office and industrial development greater than 100,000 square feet.

(Ord. No. 513, § 3, 8-27-2019)

A.

The Planning Commission or Director, as applicable, shall approve, approve with conditions, or deny Development Permit applications. Reasonable conditions may be imposed to ensure compliance with this Code.

B.

Referral to Next Higher Review Authority. The Director may refer an application for a Development Permit to the Commission based upon the following criteria:

1.

Impact upon public services and facilities greater than typical for the type of project proposed;

2.

Impact upon surrounding properties greater than typical for type of project proposed;

3.

Floor or site square footage greater than typically found in the type of project;

4.

Intensity of use greater than typically found in the type of projects;

5.

Operating Characteristics not typical of the type of project proposed.

C.

Design Guidelines shall be adopted by the Planning Commission and will be the bases by which development proposals are reviewed for approval. The Design Guidelines are general and may be interpreted by the Planning Commission with some flexibility in their application to specific projects during the Commission's discretionary review of a Development Permit or other applicable review procedure.

D.

General Authority. The Commission, Director and Planning Division are authorized to approve, approve with conditions, or deny applications for Development Permits in compliance with the procedures established in this Chapter and Chapters 9.12 and 9.13, Permit Process and Approvals and Public Hearings and Notice, of this Code, respectively. In approving an application for a Development Permit, the Commission, Director, or Planning Division may impose conditions to ensure compliance with this Code. Conditions may include, but shall not be limited to:

1.

Requirements for special structure setbacks;

2.

Open spaces;

3.

Buffers;

Fences;

5.

Walls and screening;

6.

Requirements for installation and maintenance of landscaping and erosion control measures;

7.

Requirements for street improvements, other public infrastructure and related dedications;

8.

Regulation of vehicular ingress and egress;

9.

Regulation of traffic circulation;

Regulation of signs;

11.

Regulation of hours or other characteristics of operation;

12.

Control of potential nuisances;

13.

Prescribing standards for maintenance of buildings and grounds;

14.

Prescription of development schedules and development standards;

Requirements for periodic review;

16.

Any other conditions as may be deemed necessary to ensure the compatibility with surrounding uses, to preserve the public health, safety and welfare, and to enable the Commission, Council (when applicable), Director or Staff to make the findings required by Section 9.17.080, Required Findings, of this Chapter.

E.

Performance Guarantee. In order to ensure implementation of conditions attached to a development permit, the applicant may be required to furnish a surety in the form of an instrument of credit, money or surety bond in the amount fixed by the authority granting or modifying the Development Permit.

F.

Providing Required Improvements. Whenever a Development Permit is approved or modified subject to the condition that specified improvements shall be installed by the applicant, such improvements shall be installed by the applicant and approved and accepted by the appropriate Town authority, the applicant shall execute an agreement with said Town authority to make such improvements prior to the time or events specified in the Development Permit approval.

G.

Violation of Condition. Whenever a Development Permit is approved or modified by the approving authority subject to a condition or conditions, use or enjoyment of the Development Permit approval in violation of or without observance of any such conditions shall constitute a violation of this Code. Conditions which are not observed or which are violated may be enforced as provided in Chapter 9.26, Enforcement, of this

Code, or said Development Permit may be revoked or modified as provided in Section 9.17.120, Suspension/Revocation, of this Chapter.

Applications for Development Permits shall be filed with the Planning Division on a form prescribed by the Director and shall contain such information and reports as may be required by the application submittal package or by other applicable ordinances or by the Director in order to make the required findings.

The application shall be accompanied by a fee established by resolution of the Council to cover the cost of handling and processing the application as prescribed in this Chapter.

The Director shall cause to be made an analysis of each application for a Development Permit. The level of detail of the analysis shall be appropriate to the type of project proposed and the needs of the decisionmaking authority that will review the particular project. The analysis shall examine the application's consistency with the content, intent and purpose of the General Plan, this Code, and any other applicable Town standards or policies. To ensure effective implementation of General Plan policies and the provisions of this Code, applications subject to a review authority other than Department level shall be reviewed by the Development Review Committee prior to consideration by the Director or Commission. As a result of the analysis, the Director shall cause a report to be completed which shall include a listing of conditions necessary to guarantee the public health, safety and welfare, should the proposed project be approved.

A.

Staff Action. Planning Division staff shall review all pertinent plans and additional information and shall approve, conditionally approve, or deny the development permit application. Division staff action may occur at the zoning counter, or may require that the staff action be communicated to the applicant in writing. The staff determination shall be final unless appealed to the Director as provided in Section 9.12.250, Appeals, of this Code.

B.

Director Action. After considering the comments of responsible agencies and all available facts and materials regarding the Development Permit application, the Director shall approve, deny, or conditionally approve applications for Development Permits. The Director's action shall be final unless appealed to the Commission as provided in Section 9.12.250 Appeals, of this Code.

C.

Planning Commission Action/Public Hearing Required. The Planning Commission shall hold a public hearing in compliance with Chapters 9.11 and 9.12 of this Code for each application for a Development Permit it reviews. The hearings shall be set and notice shall be given as prescribed in Chapter 9.13, Public Hearings and Notice, of this Code. The applicant shall be provided with a copy of the Planning Division's

report regarding their application prior to the public hearing. The Commission shall approve, deny, or conditionally approve applications for Conditional Use Permits. The Commission's decision shall be final unless appealed to the Town Council as provided in Section 9.12.250 Appeals of this Code.

A.

Before approving a Development Permit, the Planning Division, Director, Commission or Council when appropriate, shall find that the circumstances prescribed below apply:

1.

That the location, size, design, density and intensity of the proposed development is consistent with the General Plan, the purpose of this Code, the purpose of the zoning district in which the site is located, and the development policies and standards of the Town;

2.

That the location, size and design of the proposed structures and improvements are compatible with the site's natural landforms, surrounding sites, structures and streetscapes and does not unnecessarily block public views from other buildings or from public ways, or visually dominate its surroundings;

3.

That the materials, textures and details of the proposed construction, to the extent feasible, are compatible with the adjacent and neighboring structures and that quality in architectural design is maintained in order to enhance the visual environment of the Town;

4.

That the amount, location, and design of open space and landscaping conforms to the requirements of this Code, enhances the visual appeal and is compatible with the design and function of the structure(s), site and surrounding area;

5.

That excessive and unsightly grading of hillsides does not occur, and the character of natural landforms such as knolls and the Mojave River and that existing vegetation and Joshua Trees are adequately protected and preserved where feasible as required by this Code.

(Ord. No. 513, § 24, 8-27-2019)

To the extent consistent with law, an approved Development Permit may be modified upon the request of the current permit holder, the Director, the Commission, or the Council pursuant to Section 9.12.230, Permit Amendments, of this Code. Minor Revisions may be approved by the Director if it is determined that the changes would not affect the findings prescribed in Section 9.17.080, Required Findings, of this Chapter,

and that the subject of the proposed changes were not items of public controversy during the review and approval of the original permit.

A.

Expiration. A Development Permit approval shall expire three (3) years following the date the permit is issued unless it is otherwise conditioned or unless prior to the expiration of three (3) years.

B.

Phased Projects. Projects may be built in phases if so approved by the reviewing authority. If a project is built in preapproved phases, each subsequent phase shall have two (2) years from the previous phase's date of construction commencement to the next phase's date of construction commencement unless another phasing schedule is approved, or the Development Permit shall become null and void. Phasing schedules approved with the Development Permit shall be followed or the Permit shall become subject to revocation.

(Ord. No. 513, § 14, 8-27-2019; Ord. No. 552, § 4, 3-22-2022)

A.

Upon written request received no later than sixty (60) days prior to the original expiration date, the Community Development Director may grant an automatic Extension of Time to an approved Development Permit. The Development Permit may be extended beyond the applicable expiration date by two (2) years.

B.

The original decision authority may, upon an application being filed sixty (60) days prior to expiration, and for good cause, grant a final time extension not to exceed an additional two (2) years. Applications shall be made on a form to be provided by the Planning Division. Upon granting of an extension, the Planning Division, Director, Commission or Council when appropriate, shall ensure that the previously approved project is consistent with all current Development Code provisions and that the findings for approval of a Development in compliance with Section 9.17.080, Required Findings, of this Chapter, can be made. The approving authority may impose additional conditions at this time.

(Ord. No. 513, § 15, 8-27-2019; Ord. No. 552, § 4, 3-22-2022)

A.

Planning Commission Action. The Planning Commission shall hold a hearing as provided in Chapter 9.13, Public Hearings and Notice, of this Code, to revoke or modify a Development Permit granted in compliance with the provisions of this Chapter. Ten (10) days prior to the hearing notice shall be delivered in writing to the applicant and/or property owner for which such Development Permit was granted. Notice shall be

deemed delivered two (2) days after being mailed, first class postage paid, to the owner as shown on the current tax rolls of the County of San Bernardino and/or the project applicant.

B.

Required Findings. To the extent consistent with law, a Development Permit may be revoked or modified by the Planning Commission if any of the following findings can be made:

1.

That the circumstances have changed so that one or more of the findings contained in Section 9.17.080 of this Chapter can no longer be made;

2.

That the Development Permit was obtained by misrepresentation or fraud;

3.

That the use for which the Development Permit was granted has ceased or was suspended for six (6) or more consecutive calendar months;

4.

That one (1) or more of the conditions of the Development Permit have not been met;

5.

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

6.

That the activity permitted by the Development Permit is detrimental to the public health, safety or welfare, or constitutes a nuisance.

The Permit may be conditioned to require the posting of performance surety as provided for in Chapter 9.71, Subdivision Regulations, of this Code, for the faithful performance of any or all conditions of approval.

A building permit shall not be issued for, and no person shall commence to use any structure until that structure and its accompanying development, or that use has received approval in compliance with the provisions of this Chapter. In addition, no permit shall be issued for any use or structure requiring a Development Permit unless and until the applicable use or structure has been approved and become final.

Chapter 9.19 - Home Occupation Permits

Chapter 9.19 - Home Occupation Permits

The purpose of these regulations is to allow persons to carry on income producing activities on their residential property while protecting nearby residential properties from potentially adverse effects of home occupations, such as noise, traffic, or other nuisance that would interfere with the residential atmosphere intended for residential uses.

No person shall engage in a home occupation without first obtaining approval of a permit from the Planning Division. No business license shall be issued to the applicant until the Home Occupation Permit is approved and issued by the Planning Division.

The Planning Division shall approve, conditionally approve, or deny applications for Home Occupation Permits. A public hearing shall not be required for a determination for a Home Occupation Permit.

An application for the permit shall be on a form prescribed by the Director and shall be filed with the Planning Division. As with other kinds of applications for permits or approvals, acceptance of an application does not constitute an indication that the Town will approve the application.

Home occupations shall comply with all of the following operating standards at all times:

A.

Operating Standards For All Residential Districts

1.

There shall be no visible or external evidence of the home occupation. No dwelling shall be built, altered, furnished or decorated for the purpose of conducting the home occupation in such a manner as to change the residential character and appearance of the dwelling, or in such a manner as to cause the structure to be recognized as a place where a home occupation is conducted;

2.

There shall be no displays, sale, or advertising signs on the premises, except for those associated with the sale of produce (fruit or vegetables) grown on the subject property;

3.

There shall be no signs other than one (1) unlighted identification sign containing the name and address of the owner attached to the building not exceeding two (2) square feet in area per street frontage;

4.

All maintenance or service vehicles and equipment, or any vehicle bearing any advertisement, except business identification, related to the home occupation or any other similar vehicle shall be garaged or stored entirely within a building or structure;

5.

The home occupation shall not encroach into any required parking, setback, or open space area;

6.

There shall be no visible outside storage of stock, merchandise, scrap supplies, or other materials or equipment on the premises. Any storage of hazardous, toxic, or combustible materials in amounts exceeding those typically found in residential uses shall be prohibited;

7.

There shall be complete conformity with Fire, Building, Plumbing, Electrical, and Health Codes and to all applicable State and Town laws and ordinances. Activities conducted and equipment or material used shall not change the fire safety or occupancy classification of the premises;

8.

No home occupation shall generate pedestrian or vehicular traffic in excess of that customarily associated with a residential use and the neighborhood in which it is located;

9.

No home occupation shall be initiated until a current business license is obtained;

10.

A Home Occupation Permit shall not be transferable;

11.

If the home occupation is to be conducted on rental property, the property owner's written authorization for the proposed use shall be obtained prior to the submittal for a Home Occupation Permit;

12.

The garage shall not be altered externally;

13.

No use shall create or cause noise, dust, light, vibration, odor, gas fumes, toxic or hazardous materials, smoke, glare, electrical interference, fluctuations in the line voltage outside the structure, or other hazards or nuisances, subject to conformance with Section 9.70 Performance Standards and Section 9.73 Noise Control.

The Director may establish any other special condition of approval for any Home Occupation Permit as necessary to carry out the intent of this Chapter.

15

The home occupation shall be restrict to operations between Monday through Saturday, between the hours of 8 am to 5 pm.

B.

Operating Standards for R-VLD, R-A and R-LD Districts. In addition to the operating standards provided in Section 9.19.050.A above, the following operating standards shall apply in the R-VLD, R-A and R-LD zoning districts:

1.

The home occupation shall be carried out primarily by a full time resident(s) of the dwelling. One (1) additional employee may also be used for a home occupation provided all the required findings can be made;

2.

Off-street parking shall be provided for employees and customers, however such parking shall not be provided in such a manner as to cause the structure to be recognized as a place where a home occupation is conducted and shall be located behind or outside of all required setbacks;

3.

No vehicle or trailer displaying signs shall be parked in a manner that would attract or draw attention to the premises;

4.

Any trailer or other towed vehicles used in conjunction with the home occupation shall be parked or stored behind the required front setback and shall be screened from any public right-of-way.

C.

Operating Standards for R-E, R-E¾, R-EQ, R-SF, R-M and M-U Districts. In addition to the operating standards provided in Section 9.19.050.A, the following operating standards shall apply in the R-E, R-EQ, R-SF and R-M zoning districts:

1.

The home occupation shall be carried out primarily by a full time resident(s) of the dwelling. One (1) additional employee may also be used for a home occupation provided all the required findings can be made;

2.

The home occupation shall not involve maintenance of an office that is open to persons other than members of the resident family who permanently reside on the premises;

3.

No special off-street parking area shall be allowed in connection with the home occupation, however the driveway may be used for such parking;

4.

The home occupation shall be conducted wholly within the structures on the premises and shall not involve the use of more than one (1) room, or floor area equal to twenty (20) percent of the total floor area of the dwelling, whichever is less, except that horticulture activities related to the home occupation may be conducted outdoors but shall be behind the required front yard setback;

5.

Storage and parking of vehicles on the premises, used in conjunction with the home occupation shall be limited to automobiles and light trucks not exceeding 10,000 pounds gross vehicle weight.

No Home Occupation Permit shall be approved unless the Director is able to make the following findings in taking an action to approve or conditionally approve a Home Occupation Permit:

A.

That the proposed home occupation will comply with all conditions specified in Section 9.19.050 Operating Standards, of this Chapter;

B.

That the proposed home occupation is not prohibited under the provisions of Section 9.19.070 Prohibited Home Occupations, of this Chapter;

C.

That the issuance of the Home Occupation Permit will not be detrimental to the public health, safety and welfare;

D.

That the issuance of the Home Occupation Permit will not adversely affect the persons residing in the vicinity of the proposed home occupation; and

E.

That the proposed use will be consistent with all applicable policies, programs and provisions of the General Plan and any applicable specific plan.

The following uses are not incidental to nor compatible with residential activities and therefore shall not be allowed as home occupations:

A.

Animal hospitals;

B.

Automotive and other vehicle repair (body or mechanical), upholstery, painting, or storage;

C.

Barber and beauty shops;

D.

Dancing schools or exercise studios;

E.

Junk yards;

F.

Massage parlors;

G.

Medical and dental offices, clinics, and laboratories;

H.

Mini-storage;

I.

On-site retail sales, except for the sales of produce (fruit or vegetables) grown on the subject property;

J.

Storage of equipment, materials, and other accessories to the construction trades;

K.

Welding and machining.

9.19.080 - Revocation (Amended Ord. 371)

Home Occupation Permits may be revoked or modified by the Town Manager or Designee who shall act as the Hearing Officer in compliance with the provisions of this Code, if any one of the following findings can be made:

A.

That the permitted home occupation use has changed in kind, extent or intensity from the use which received an approved Home Occupation Permit;

B.

That the use has become detrimental to the public health, safety, welfare or traffic, or constitutes a nuisance;

C.

That the use for which the permit was granted has ceased or was suspended for six (6) or more consecutive calendar months;

D.

That the use is not being conducted in a manner consistent with applicable operating standards described in Section 9.19.050 Operating Standards, of this Chapter;

E.

That the permit was obtained by misrepresentation or fraud;

F.

That one (1) or more of the conditions of the Home Occupation Permit have not been met;

G.

That the property owner or tenant fails to permit entry onto the premises to allow periodic inspections by representatives of the Town at any reasonable time;

H.

That the home occupation is in violation of any statute, law, ordinance, or regulation;

I.

That two (2) or more valid complaints from at least two (2) different parties have been filed against the home occupation within any six (6) month period, and it is found that the use is causing harm or unreasonable annoyance or is otherwise detrimental to other property or its use in the area.