Chapter 88.50 — PLANNING PERMIT FILING AND PROCESSING

88.50.010. - Purpose. This chapter provides procedures and requirements for the preparation, filing, and processing of applications for the planning permits required by this Development Code. 88.50.020. - Authority for Land Use and Zoning Decisions.

Table 5-1 (Review Authority) identifies the city official or body responsible for reviewing and making decisions on each type of application, planning permit, and other approvals required by this Development Code.

When a single project incorporates different land uses or features so that this Development Code requires multiple planning permit applications, the director may determine that all of the applications shall be reviewed, and approved or disapproved, by the highest level review authority assigned by Table 5-1 to any of the required applications. (For example, a project that requires a zoning map amendment and a use permit may be reviewed, and approved or disapproved by the council (after a recommendation from the commission), where a use permit application by itself may be reviewed and acted upon by the planning commission).

TABLE 5-1. REVIEW AUTHORITY

;sz=8q; Notes:

(1)

"Recommend" means that the review authority makes a recommendation to a higher decision-making body; "Decision" means that the review authority makes the final decision on the matter. The review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Division 88.56 (Appeals).

(2)

Decisions on design review are by the director, except that where the project also requires discretionary planning permit approval (i.e., minor use permit, use permit, minor variance, or variance), design review shall instead be by the review authority for the other discretionary planning permit.

(Ord. No. 06-O6, § 1B, 8-7-06)

The preparation and filing of applications for planning permits, amendments (e.g., general plan, zoning map, and Development Code), and other matters pertaining to this Development Code shall comply with the following requirements.

A.

Pre-Application Review.

1.

A prospective applicant or agent is strongly encouraged to request a pre-application review with the department before completion of project design and the formal submittal of a permit application.

2.

A request by an applicant for pre-application review shall be accompanied by preliminary project plans and designs and the required filing fee.

3.

City staff will inform the applicant of requirements as they apply to the proposed project, provide a preliminary list of issues that will likely be of concern during formal application review, suggest possible alternatives or modifications to the project, and identify any technical studies that may be necessary for the environmental review process when a formal application is filed.

Neither the pre-application review nor information and/or pertinent policies provided by the department shall be construed as a department recommendation for approval or disapproval of the application/project.

B.

Application Contents, Fee. Applications shall include the forms provided by the department, and all information and materials required by the application content requirements handout provided by the department for the specific type of application (e.g., use permit, variance, or others), and the filing fee required by the council.

C.

Eligibility for Filing. An application may only be filed by the owner of the site that is the subject of the application, or other person with the written consent of the property owner.

The council shall establish by resolution a schedule of fees for full city cost recovery for the processing of planning permits, amendments, and other matters pertaining to this Development Code, referred to as the council's fee resolution. The schedule of fees may be changed or modified by resolution of the council, from time to time.

Each application filed with the department in compliance with this Development Code shall be initially processed as follows.

A.

Completeness Review. The director shall review all applications for completeness and accuracy before they are accepted as being complete in compliance with Section 88.50.040.B (Application contents, fee).

1.

Notification of Applicant. The applicant shall be informed in writing within 30 days of submittal whether the application incomplete and that additional information is required for a complete application.

2.

Appeal of Determination. Where the director has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the director is not required, the applicant may appeal the determination in accordance with Chapter 88.56 (Appeals).

B.

Disapproval of Application for Violations on the Site. The director shall reject and not process an application if conditions exist on the site in violation of this Development Code or any other city permit or approval, except where the application includes measures to correct the violation, or application approval and/or conditions of approval can correct the violation. The director's authority under this subsection shall apply whether:

1.

The current applicant was the owner of the subject property at the time the violation occurred; or

2.

The applicant is the current owner of the subject property with or without actual or constructive knowledge of the violation at the time of acquisition of the subject property.

The Director's decision may be appealed in accordance with Chapter 88.56 (Appeals).

C.

Referral of Application. At the discretion of the director, or where otherwise required by this Development Code, state, or federal law, any application filed in compliance with this Development Code may be referred to any public agency that may be affected by or have an interest in the proposed land use activity.

After acceptance of a complete application, the project shall be reviewed as required by the California Environmental Quality Act (CEQA), and the city's CEQA guidelines, to determine whether the project is exempt from the requirements of CEQA or is not a project as defined by CEQA, whether a negative declaration may be issued, or whether an environmental impact report (EIR) shall be required.

A.

Staff Evaluation. The director shall review all applications filed in compliance with this chapter to determine whether they comply with the provisions of this Development Code, other applicable provisions of the Municipal Code, and the general plan. Staff will conduct an environmental assessment as part of the project review.

B.

Staff Report Preparation.

1.

The planning division shall prepare a staff report that describes conclusions about the proposed land use and any development as to its compliance and consistency with the provisions of this Development Code, other applicable provisions of the Municipal Code, the general plan, and any applicable specific plan.

2.

The staff report shall include recommendations on the approval, approval with conditions, or disapproval of the application, based on the project evaluation, and consideration of information provided by an initial study or environmental review document (e.g. negative declaration, environmental impact report, etc.).

C.

Report Distribution. Staff reports shall be furnished to the applicants at the same time as they are provided to the review authority before the public hearing, or if no hearing is required, prior to action on the application.

CHAPTER 88.51. - PERMIT REVIEW AND DECISIONS

A.

Permit Review Procedures. This chapter provides procedures for the final review, and approval or disapproval of the planning permit applications established by this Development Code.

B.

Subdivision Review Procedures. Procedures and standards for the review and approval of subdivision maps are in the city's subdivision ordinance.

C.

Application Filing and Initial Processing. Where applicable, the procedures of this chapter are carried out after those described in Chapter 88.50 (Planning Permit Filing and Processing), for each application.

A.

Purpose. Zoning clearance is the "over-the-counter" procedure used by the city to verify that a proposed structure or land use is allowed in the applicable zoning district, and that the project complies with all applicable requirements of this Development Code.

B.

Applicability. Where Article 2 (Urban Standards) or other provision of this Development Code requires a zoning clearance as a prerequisite to establishing a land use, the zoning clearance shall be required at the time of department review of any building, grading, or other construction permit, or other authorization required by this Development Code for the proposed use, and prior to the establishment of any land use allowed as a permitted ("P") use by Article 2 (Urban Standards) that involves no construction requiring a building permit.

C.

Review and Approval. The director shall issue the zoning clearance after determining that the request complies with all Development Code provisions applicable to the proposed use. An approval may be in the form of a stamp, city staff signature, or other official notation on approved plans, a letter to the applicant, or other certification, at the discretion of the director. The director shall not grant a zoning clearance, and the proposed land use shall not be established if existing site improvements and/or any affected structure do not comply with all applicable requirements of this Development Code, except as provided by Chapter 88.54 (Nonconforming Uses, Structures, and Parcels).

A.

Purpose. This section establishes procedures for the granting of temporary use permits that allow shortterm activities identified by this section that may not meet the normal development or use standards of the applicable zoning district, but may be acceptable because of their temporary nature.

B.

Applicability. A temporary use permit allows the short-term activities listed in subsection E. (Allowed Temporary Uses), that may not comply with the normal development or use standards of the applicable zone, but may otherwise be acceptable because of their temporary nature. This section does not apply to outdoor festivals, which are instead regulated by Municipal Code Article XII.

C.

Review Authority. A temporary use permit may be approved or denied by the director, in compliance with this section.

D.

Exempt Temporary Activities. The following temporary activities are allowed without temporary use permit approval. Temporary activities that do not fall within the following categories shall comply with subsection E.

1.

Emergency Facilities. Temporary facilities to accommodate emergency public health and safety needs and activities.

2.

Garage Sales. Garage sales, provided that each garage sale shall comply with Municipal Code Section 18531 et seq. (Garage and Lawn Sales).

3.

Public Property, or Public Right-of-Way. Activities conducted on public property that are approved by the council or as otherwise required by the Municipal Code.

4.

Fund-Raising Car Washes. Fund-raising car washes, not to exceed six per year, on property within a commercial or industrial zone, or on institutional property.

5.

Fireworks Sales.

E.

Allowed Temporary Uses. The following temporary uses may be allowed, subject to the issuance of a temporary use permit. Uses that do not fall within the categories defined below shall comply with the use

and development regulations and planning permit requirements that otherwise apply to the property.

1.

Construction Office. A temporary construction office, used during the construction of a main building or buildings on the same site, shall be permitted subject to the following conditions.

a.

The temporary construction office may consist of a manufactured home, commercial coach, self-contained recreational vehicle, or mobile office, provided the structure is installed in compliance with California Building Standards Code requirements for temporary construction offices.

b.

Temporary construction offices shall be removed prior to the issuance of a certificate of use and occupancy for the main building or buildings. If construction is phased over a length of time, the permit may provide that certificates of use and occupancy may be issued for completed buildings.

c.

Prior to the last buildings in a tract or phase being granted certificates of occupancy, the temporary construction offices shall be removed.

2.

Construction Yards — Off-Site. Off-site contractors' construction yards, in conjunction with an approved construction project. The permit shall expire and the construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion building permit, authorizing the construction project.

3.

Downtown Sidewalk/Parking Lot Sales and Exhibits. The Downtown Business Association may make application for an annual temporary use permit to conduct sidewalk/parking lot sales and exhibit events within a portion of the downtown area, which is specifically described as the properties forming the commercial area along the east and west sides of Azusa Ave. between 5th Street and 9th Street. Application for an annual permit shall be made as described in this section. Up to 12 sidewalk/parking lot sales and/or exhibit events may be allowed with one annual temporary use permit, subject to the following:

a.

The director may impose any conditions of approval deemed necessary to protect the public health, safety, and welfare, and the surrounding uses;

b.

An annual encroachment permit is required for activities and/or objects placed in the public right-of-way, which may be considered concurrently with the annual temporary use permit process;

c.

Each event allowed under the annual permit may be conducted for a period not to exceed three consecutive days;

d.

The Downtown Business Association shall provide no less than two weeks of advanced notice to the director for the conduct of any event approved under the annual permit;

e.

The director may require a cash bond or other guarantee for removal of the temporary use, cleanup and restoration of the event site within seven days of the event's conclusion;

f.

The term of the permit shall be one year from the date of approval; and

g.

The fee for the annual permit shall be as established by the city fee schedule.

4.

Mobile Home. A mobile home for temporary caretaker quarters during the construction of a subdivision, multi-family, or non-residential project, while a valid building permit is in force. The permit may be approved for a specified duration, or upon expiration of the building permit, whichever occurs first.

5.

Model Homes. A model home or model home complex may be authorized before the completion of subdivision improvements in compliance with the following standards.

a.

The sales office and any off-street parking shall be converted back to residential use and/or removed before the issuance of the final occupancy permit or within 14 days from the sale of the last parcel in the subdivision, whichever first occurs.

b.

A model home complex shall be used to sell only units within the subdivision within which the complex is located.

c.

A model home will be granted a final building inspection and will be allowed to be open to the public only after all subdivision improvements are completed and accepted by the city.

d.

Model home sign permits will be issued only after all subdivision improvements are completed and accepted by the city.

6.

Outdoor Displays/Sales. The temporary outdoor display/sales of merchandise (e.g. sidewalk sales and promotional events) at shopping centers and single commercial lots, in compliance with 88.42.150. The property owner may make an application for an annual temporary use permit to conduct multiple sidewalk/parking lot sales and promotional events within a designated portion of the site.

7.

Seasonal Sales Lots. Temporary seasonal sales activities (e.g., Christmas trees, pumpkin sales, and other similar outdoor sales) may be permitted in any commercial or industrial zoning district, or on any religious facility or school site that abuts a collector or higher rated roadway, as designated in the general plan, except where prohibited by specific zoning district regulations. Temporary seasonal sales shall be subject to the following requirements.

a.

A temporary seasonal sales lot shall not be open for business during any calendar year prior to one month preceding the seasonal holiday.

b.

The sales lot shall not sell any merchandise not directly associated with the specific holiday for which the sale is being held.

c.

The applicant shall secure an electrical permit from the city if the lot will be using electricity.

d.

All facilities and materials related to the seasonal sales activity and all other debris, shall be removed within 14 days after the holiday, including all debris, and restored to the previous condition as existed prior to the establishment of the facility.

e.

The director may impose any other conditions necessary to protect public health, welfare, and peace of the surrounding area.

8.

Temporary Real Estate Offices. Temporary real estate offices, and related facilities may be established within the area of an approved residential subdivision project, solely for the first sale of homes. The temporary use permit may be approved for a maximum of two years, but may be extended by the director.

A Temporary use permit for these purposes shall include conditions necessary to protect the public safety and welfare. Conditions shall also require adequate guarantees that the structures and facilities will be removed or made consistent with applicable zoning regulations within 90 days after the expiration of the permit. In addition to the findings required for the approval of a permit, the approval of a temporary real estate office shall also include the following findings:

a.

The access, parking, and circulation facilities will not result in excess traffic congestion or traffic safety hazards; and

b.

The operation of the real estate office and associated activities will not conflict with the adjacent or nearby residential uses.

9.

Similar Temporary Uses. Similar temporary uses which, in the opinion of the director, are compatible with the zoning district and surrounding land uses, and are necessary because of unusual or unique circumstances beyond the control of the applicant.

F.

Application Filing, Processing, and Review. An application for a temporary use permit shall be filed with the department and processed as follows.

1.

Application Contents. The application shall be made on forms furnished by the department, and shall be accompanied by the information identified in the department handout for temporary use permit applications. It is the responsibility of the applicant to establish evidence in support of the findings required by subsection H. (Findings and decision), below.

2.

Time for Filing. An application for a temporary use permit shall be submitted for review in compliance with this section, a minimum of 30 days before the establishment or operation of the proposed use.

G.

Standards. Standards for floor areas, heights, landscaping, parking, setbacks, and other structure and property development standards that apply to the category of use or the zoning district of the site shall be used as a guide for determining the appropriate development standards for temporary uses. The director may authorize an adjustment from the specific standards deemed necessary or appropriate consistent with the temporary nature of the use.

H.

Other Permits Required. Temporary uses may be subject to additional licenses, inspections, or permits required by applicable local, state, or federal requirements.

I.

Findings and Decision.

1.

A temporary use permit may be approved, modified, conditioned, or disapproved by the director, without a noticed public hearing.

2.

The director may defer action and refer the application to the commission for review and decision at a noticed public hearing.

3.

The director may approve or conditionally approve a temporary use permit application, only after first finding that:

a.

The establishment, maintenance or operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use.

b.

The use, as described and conditionally approved, will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.

c.

Approved measures for the removal of the use and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Development Code.

J.

Conditions of Approval. In approving a temporary use permit, the director may impose conditions (e.g., buffers, hours of operation, landscaping and maintenance, lighting, off-site improvements, parking, performance guarantees, property maintenance, signs, surfacing, time limits, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by subsection I. (Findings and decision), above.

K.

Condition of Site Following Temporary Use. Each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used in compliance with the provisions of this Development Code. The review authority may require appropriate security before initiation of the use to ensure proper cleanup after the use is finished.

(Ord. No. 06-O6, § 1B, 8-7-06; Ord. No. 10-O1, § 20, 3-1-10)

A.

Purpose. Design review is intended to ensure that the design of proposed development and new land uses assists in maintaining and enhancing the attractive appearance of the city. Therefore, the purposes of these procedures are to:

1.

Recognize the interdependence of land values and aesthetics and encourage the orderly and harmonious appearance of development within the community;

2.

Ensure that new uses and structures enhance their sites and are compatible with the highest standards of improvement in the surrounding neighborhoods;

3.

Retain and strengthen the visual quality and attractive character of the community;

4.

Assist project developers in understanding the city's concerns for the aesthetics of development; and

5.

Ensure that development complies with all applicable city standards and guidelines, and does not adversely affect community health, safety, aesthetics, or natural resources.

B.

Applicability. Design review is required for:

1.

New single-family dwellings;

2.

Multi-family projects;

Second floor additions to existing dwellings, alterations (including siding, new windows, wainscoting, doors, columns, porches, etc.) to facade visible from a street, and/or ground floor additions that increase existing floor area by more than 29 percent or 499 square feet;

4.

Non-residential projects, including permanent outdoor sales and displays, news and flower stands, and outdoor dining; and

5.

Façade improvements to nonresidential buildings which include but are not limited to repainting of the exterior color, installation of new windows or exterior doors visible from public right-of-way, exterior façade treatments (stucco, siding, brick or stone veneer, or other enhanced building material), installation or repair of awning, canopy, or other shade solution.

C.

Review Authority. Design review shall be by the director; except that where the proposed project also requires the approval of a discretionary planning permit (i.e., use permit, minor use permit, variance, or minor variance) in compliance with this chapter, design review shall be by the review authority for the discretionary planning permit.

D.

Application Filing and Processing. An application shall be prepared, filed, and processed in compliance with Chapter 88.50 (Planning Permit Filing and Processing). It is the responsibility of the applicant to provide evidence in support of the findings required by subsection E.

1.

Each application shall be reviewed by the director to ensure that the proposal complies with all applicable requirements of this Development Code. The director may approve or deny a design review application without a public hearing, or may choose to refer any design review application to the commission for a hearing and decision. When an application is referred to the commission for a hearing, notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 88.58 (Public Hearings).

2.

Exception - Two story homes or second story additions to single-family dwellings. For applications for a two story home or second story addition in neighborhoods where the majority of the existing dwellings are single-story, the director may approve or deny a design review application without a public hearing only after notifying property owners within 300 feet of the subject property.

a.

Content of public notice. The notice shall state that the director will decide whether to approve or deny the application on the date specified in the notice, and that a public hearing will held only if requested in writing

by any interested person prior to the specified date for decision.

b.

Notice and hearing. When a hearing is requested, notice of the hearing shall be provided in compliance with Chapter 88.58 (Public Hearings), and the director shall conduct the public hearing prior to a decision on the application in compliance with this Section.

E.

Findings and Decision. The review authority shall approve or disapprove an application for design review approval concurrently with the approval or disapproval of any other planning permit (i.e., Use permit, minor use permit, variance or minor variance, zoning clearance) required for the project, if the design review application is filed with the city at the same time. Design review approval shall require that the review authority first find that the project, as proposed or with changes resulting from the review process and/or conditions of approval:

1.

Provides architectural design, building massing and scale appropriate to and compatible with the site surroundings and the community;

2.

Provides attractive and desirable site layout and design, including, but not limited to, building arrangement, exterior appearance and setbacks, drainage, fences and walls, grading, landscaping, lighting, signs, etc.;

3.

Provides efficient and safe public access, circulation and parking;

4.

Provides appropriate open space and landscaping, including the use of water efficient landscaping;

5.

Is consistent with the general plan any applicable specific plan, development agreement, and/or any previously approved planning permit; and

6.

Complies with all applicable requirements of this Development Code, and any other adopted city design standards, guidelines, and policies.

F.

Conditions of Approval. The review authority may require any reasonable conditions of approval to ensure that the project will comply with the findings required by subsection D.

G.

Post Approval Procedures. The procedures and requirements in Chapter 88.52 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Chapter 88.56 (Appeals), shall apply following the decision on an application for design review.

(Ord. No. 06-O6, § 1B, 8-7-06; Ord. No. 2020-02, § 3, 2-3-20)

Editor's note— Ord. No. 2023-02, § 3(Exh. A), adopted March 20, 2023, repealed § 88.51.034, which pertained to discretionary permit for accessory dwelling unit that does not qualify for ministerial approval and derived from Ord. No. 2020-06, § 3, 8-17-20.

88.51.040. - Use Permit and Minor Use Permit.

A.

Purpose. The use permit and minor use permit provide a process for reviewing proposed uses and activities that may be appropriate in the applicable zoning district, but whose effects on site and surroundings and, therefore, the appropriateness of the use or activity to the site or surroundings cannot be determined before a proposal is submitted for a specific site.

B.

Applicability. A use permit or minor use permit is required to authorize a proposed land use identified by Article 2 (Urban Standards) as being allowable in the applicable zone subject to the approval of a use permit or minor use permit. Minor use permit approval may be considered only for a project that is exempt from the California Environmental Quality Act (CEQA). A project that is required by Article 2 to have minor use permit approval, but is not exempt from CEQA, shall instead require a use permit.

C.

Review Authority. A use permit shall be approved or denied by the commission; a minor use permit shall be approved or denied by the zoning administrator, provided that the zoning administrator may choose to refer any minor use permit application to the commission for hearing and decision in the same manner as a use permit.

D.

Application Filing and Processing. An application for a use permit or minor use permit shall be filed and processed in compliance with Chapter 88.50 (Planning Permit Filing and Processing).

E.

Project Review, Notice and Hearing. Each application shall be reviewed by the director to ensure that the proposal complies with all applicable requirements of this Development Code.

1.

Use Permit. The commission shall conduct a public hearing on an application for a use permit prior to a decision on the application. Notice of the public hearing shall be provided, and the hearing shall be

conducted in compliance with Chapter 88.58 (Public Hearings).

2.

Minor Use Permit. The zoning administrator may approve or deny a minor use permit without a public hearing, or may choose to refer any minor use permit application to the commission for a hearing and decision in the same manner as provided for a use permit in subsection E.1, above.

a.

Content of Public Notice. The notice shall state that the zoning administrator will decide whether to approve or deny the minor use permit application on the date specified in the notice, and that a public hearing will held only if requested in writing by any interested person prior to the specified date for decision.

b.

Content of Request for Hearing. A written request for a hearing must state the reasons why the interested person believes that the zoning administrator's proposed decision is in conflict with the goals and policies of the general plan and/or standards of the Development Code.

c.

Notice and Hearing. When a hearing is requested, notice of the hearing shall be provided in compliance with Chapter 88.58 (Public Hearings), and the commission shall conduct the public hearing prior to a decision on the application in compliance with this section.

F.

Findings and Decision. The review authority may approve or deny an application for use permit or minor use permit approval. The review authority shall record the decision and the findings on which the decision is based. The review authority may approve a use permit or minor use permit only after first finding all of the following:

1.

The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Development Code and the Municipal Code;

2.

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

3.

The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and future land uses in the vicinity;

The site is physically suitable for the type, density and intensity of use being proposed, including access, utilities, and the absence of physical constraints; and

5.

Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located.

G.

Conditions of Approval. In approving a use permit or minor use permit, the review authority may impose any reasonable conditions to ensure that the approval will comply with the findings required by subsection F. (Findings and Decision).

H.

Post Approval Procedures. The procedures and requirements in Chapter 88.52 (Permit Implementation, Time Limits, and Extensions), and those related to appeals in Chapter 88.56 (Appeals), shall apply following the decision on an application for use permit or minor use permit approval.

A.

Purpose. The variance and minor variance provide a process for city consideration of requests to waive or modify certain standards of this Development Code when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other physical features, the strict application of the development standards otherwise applicable to the property denies the property owner privileges enjoyed by other property owners in the vicinity and in the same zoning district.

B.

Applicability. A variance or minor variance may be granted to waive or modify any requirement of this Development Code except: allowed land uses; residential density; specific prohibitions (for example, prohibited signs), or procedural requirements.

C.

Review Authority. A variance shall be approved or denied by the commission. The zoning administrator may approve a minor variance to grant relief from any of the following requirements of this Development Code, up to a maximum reduction of ten percent.

1.

Setbacks and distance between structures;

2.

Parcel dimensions (not area);

3.

Structure height;

4.

Fence and wall height; or

5.

On-site parking, loading, and landscaping.

The zoning administrator may choose to refer any minor variance to the commission for hearing and decision.

D.

Application Filing and Processing. An application for a variance or minor variance shall be completed, filed, and processed in compliance with Chapter 88.50 (Planning Permit Filing and Processing). It is the responsibility of the applicant to provide evidence in support of the findings required by subsection F.

E.

Project Review, Notice and Hearing. Each application shall be reviewed by the zoning administrator to ensure that the proposal complies with this section, and other applicable requirements of this Development Code.

1.

Variance. The commission shall conduct a public hearing on an application for a variance prior to a decision on the application. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 88.58 (Public Hearings).

2.

Minor Variance. The zoning administrator may approve or deny a minor variance without a public hearing, or may choose to refer any minor variance application to the commission for a hearing and decision in the same manner as provided for a variance by subsection E.1.

a.

Public Notice. The notice shall state that the zoning administrator will decide whether to approve or deny the minor variance application on the date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person prior to the specified date for the decision.

b.

Content of Request for Hearing. A written request for a hearing must state the reasons why the interested person believes that the zoning administrator's proposed decision is in conflict with the goals and policies of the general plan and/or standards of the Development Code.

c.

Hearing. When a hearing is requested, notice of the hearing shall be provided in compliance with Chapter 88.58 (Public Hearings), and the commission shall conduct the public hearing prior to a decision on the application in compliance with this section.

F.

Findings and Decision. The review authority may approve or deny an application for a variance or minor variance. The review authority shall record the decision and the findings on which the decision is based.

1.

General Findings. The review authority may approve a variance or minor variance only after first making all of the following findings.

a.

There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, so that the strict application of this Development Code deprives the property of privileges enjoyed by other property in the vicinity and within the same zoning district;

b.

The approval of the variance or minor variance includes conditions of approval as necessary to ensure that the adjustment granted does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and within the same zoning district; and

c.

The variance or minor variance is consistent with the General Plan, and any applicable specific plan.

2.

Reasonable Accommodation. The review authority may also grant a variance or minor variance to the site planning or development standards of this Development Code in compliance with this section, based on the finding that the variance or minor variance is necessary to accomplish a reasonable accommodation of the needs of a disabled person in compliance with the Americans with Disabilities Act (ADA), or needs under the Federal Religious Land Use and Institutionalized Persons Act (RLUIPA).

G.

Conditions of Approval. In approving a variance or minor variance, the review authority:

1.

Shall impose conditions to ensure that the approval does not grant special privileges inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is located; and

May impose any reasonable conditions to ensure that the approval complies with the findings required by subsection F. (Findings and decision).

H.

Post Approval Procedures. The procedures and requirements in Chapter 88.52 (Permit Implementation, Time Limits, and Extensions), and those related to appeals in Chapter 88.56 (Appeals), shall apply following the decision on an application for a variance or minor variance.

(Ord. No. 06-O6, § 1B, 8-7-06)

A.

Initiation. Notwithstanding the provisions of Chapter 88.50 (Planning Permit Filing and Processing) of this Development Code, initiation of amendments to the zoning map or modification of the provisions of this Development Code shall be as follows:

1.

By action of the city council; or

2.

By action of the planning commission; or

3.

By action of city staff; or

4.

By application by one or more property owners of property proposed for rezoning. Such application shall be filed as required by Chapter 88.50 (Planning Permit Filing and Processing). Furthermore, the application shall explain the reason of public necessity, convenience, health, safety, or general welfare requiring such amendment.

B.

Investigation by Planning Commission. The planning commission shall direct its staff to investigate the facts bearing upon the proposed zone change or Development Code amendment, including the analysis of precedent cases as appropriate, to provide the necessary information to enable the commission to act.

C.

Proceedings - Planning Commission.

1.

Upon the acceptance of a completed application or direction to take action as described in Section 88.51.060.A, the director or his designee shall review the application pursuant to Section 88.51.060.B above. The director shall prepare a recommendation and forward the recommendation, application, and other relevant materials to the secretary to the planning commission. The secretary shall schedule the matter for public hearing before the planning commission pursuant to the provisions of this Development Code.

2.

The planning commission shall hear and take action upon the application pursuant to the provisions of Section 88.58 (Public Hearings). The commission may continue the hearing from time to time, and no additional notification shall be required.

3.

The commission shall act to recommend approval, approval with modifications, or denial of the application. A majority vote of the commission voting members is required to recommend approval or approval with modifications.

4.

The commission shall make its findings and recommendations in writing and shall transmit its report, together with the application, to the city clerk not more than 35 days from completion of the hearing. A copy of the report shall also be transmitted to the applicant.

D.

Proceedings - City Council.

1.

Upon receipt of a planning commission report recommending denial of a zone change or amendment, no additional action shall be taken, and the recommendation of the planning commission will be considered final and the commission's decision will be considered final unless, within 20 calendar days after the planning commission's decision, an appeal is filed pursuant to Section 88.56 (Appeals) of this Development Code, or unless the city council sets the matter for council hearing. All such hearings shall be noticed and conducted as provided for in Section 88.58 (Public Hearings).

2.

Upon receipt of a planning commission report recommending approval of a zone change or amendment, the city clerk shall set the matter for hearing before the city council as provided for in Section 88.58 (Public Hearings).

3.

If there is a hearing, thel city council shall hear and take action upon the application pursuant to the provisions of Section 88.58 (Public Hearings).

4.

If there is a hearing, the council shall act to approve or deny the application requesting a zone change or Development Code amendment.

5.

If the council proposes any substantial modification to the application not previously considered by the planning commission, the council shall refer the matter back to the commission for consideration. No public hearing shall be required. Failure of the commission to act within 40 days of receiving the council's request shall provide the council with the authority to act without the commission's recommendation.

E.

Findings Required. The planning commission and city council shall be required to make the following findings of fact before approving a zone change or Development Code amendment:

1.

That the proposed amendment is consistent with the goals, policies, and objectives of the general plan, any applicable specific plan, development agreement, owner participation agreement or disposition and development agreement; and

2.

That a proposed zone change will not adversely affect surrounding properties.

(Ord. No. 06-O6, § 1B, 8-7-06)

A.

Initiation. Notwithstanding the provisions of Chapter 88.50 (Planning Permit Filing and Processing) of this Development Code, initiation of a specific plan or an amendment to a specific plan shall be as follows:

1.

By action of the city council; or

2.

By action of the planning commission; or

3.

By action of city staff; or

4.

By application by one or more property owners of property for which the specific plan is proposed. Such application shall be filed as required by Chapter 88.50 (Planning Permit Filing and Processing). Furthermore, the application shall explain the reason of public necessity, convenience, health, safety, or general welfare requiring the adoption or amendment to a specific plan.

B.

Investigation by Planning Commission. The planning commission shall direct its staff to investigate the facts bearing upon the proposed specific plan or amendment, including the analysis of precedent cases as appropriate, to provide the necessary information to enable the commission to act.

C.

Proceedings - Planning Commission.

1.

Upon the acceptance of a completed application or direction to take action as described in Section 88.51.070.A, the director or his designee shall review the application pursuant to Section 88.51.070.B above. The director shall prepare a recommendation and forward the recommendation, application, and other relevant materials to the secretary to the planning commission. The secretary shall schedule the matter for public hearing before the planning commission pursuant to the provisions of this Development Code.

2.

The planning commission shall hear and take action upon the application pursuant to the provisions of Section 88.58 (Public Hearings). The commission may continue the hearing from time to time, and no additional notification shall be required.

3.

The commission shall act to recommend approval, approval with modifications, or denial of the application. A majority vote of the commission voting members is required to recommend approval or approval with modifications.

4.

The commission shall make its findings and recommendations in writing and shall transmit its report, together with the application, to the city clerk not more than 35 days from completion of the hearing. A copy of the report shall also be transmitted to the applicant.

D.

Proceedings - City Council.

1.

Upon receipt of a planning commission report recommending denial of a specific plan or amendment, no additional action shall be taken, and the recommendation of the planning commission will be considered

final and the commission's decision will be considered final unless, within 20 calendar days after the planning commissions decision, an appeal is filed pursuant to Section 88.56 (Appeals) of this Development Code, or unless the city council sets the matter for council hearing. All such hearings shall be noticed and conducted as provided for in Section 88.58 (Public Hearings).

2.

Upon receipt of a planning commission report recommending approval of a specific plan or amendment, the city clerk shall set the matter for hearing before the city council as provided for in Section 88.58 (Public Hearings).

3.

If there is a hearing, the city council shall hear and take action upon the application pursuant to the provisions of Section 88.58 (Public Hearings).

4.

If there is a hearing, the council shall act to approve or deny the application requesting a approval of a specific plan or amendment.

5.

If the council proposes any substantial modification to the application not previously considered by the planning commission, the council shall refer the matter back to the commission for consideration. No public hearing shall be required. Failure of the commission to act within 40 days of receiving the council's request shall provide the council with the authority to act without the commission's recommendation.

E.

Findings Required. The planning commission and city council shall be required to make the following findings of fact before approving a specific plan:

1.

That the proposed specific plan is consistent with the goals, policies, and objectives of the general plan, any applicable specific plan, development agreement, owner participation agreement or disposition and development agreement; and

2.

That a proposed specific plan will not adversely affect surrounding properties.

(Ord. No. 06-O6, § 1B, 8-7-06)

A.

Initiation. Amendments to the general plan text or land use policy map may be initiated in the same manner as a zone change or Development Code amendment, as provided for in Sections 88.51.060.

B.

Proceedings - Planning Commission.

1.

Upon the acceptance of a completed application or upon receiving direction to take action as described in Section 88.51.080.A, the director or his designee shall review the application. The director shall prepare a recommendation and forward the recommendation, application, and other relevant materials to the secretary to the planning commission. The secretary shall schedule the matter for public hearing before the planning commission pursuant to the provisions of this chapter.

2.

The planning commission shall hear and take action upon the application pursuant to the provisions of Section 88.58 (Public Hearings). The commission may continue the hearing from time to time, and no additional notification shall be required.

3.

The commission shall act to recommend approval, approval with modifications, or denial of the application or resolution. A majority vote of the commission voting members is required to recommend approval or approval with modifications.

4.

The commission shall make its findings and recommendations in writing and shall transmit its report, together with the application, to the city clerk not more than 35 days from completion of the hearing. A copy of the report shall also be transmitted to the applicant.

C.

Proceedings - City Council.

1.

Upon receipt of the planning commission report, the city clerk shall set the matter for hearing before the city council as provided for in Section 88.58 (Public Hearings).

2.

The city council shall hear and take action upon the application pursuant to the provisions of Section 88.58 (Public Hearings).

3.

The council shall act to approve, approve with modifications, or deny the application. A majority vote of the total council voting members is required to adopt or amend the general plan.

4.

The council's action to adopt or amend the general plan shall be by formal resolution.

5.

If the council proposes any substantial modifications to the application not previously considered by the planning commission, the council shall refer the matter back to the commission for consideration. No public hearing shall be required. Failure of the commission to act within 40 days of receiving the council's request shall provide the council with the authority to act without the commission's recommendation.

D.

Findings Required. Prior to approving or recommending approval of a general plan amendment, the responsible hearing body shall make the following findings:

1.

That the proposed amendment is in the public interest, and that there will be a community benefit resulting from the amendment;

2.

That the proposed amendment is consistent with the other goals, policies, and objectives of the general plan;

3.

That the proposed amendment will not conflict with provisions of the Development Code, subdivision regulations, or any applicable specific plan; and

4.

In the event that the proposed amendment is a change to the land use policy map, that the amendment will not adversely affect surrounding properties.

(Ord. No. 06-O6, § 1B, 8-7-06)

A.

Time Limit for Resubmittal. Following the disapproval, or revocation of a use permit, minor use permit, variance, or minor variance, no application for the same or substantially similar project for the same site shall be filed for a minimum of 12 months.

B.

Director's Determination. The director shall determine whether a new application is for a project that is the same or substantially similar to the previously approved or disapproved permit or entitlement.

C.

Appeal. The determination of the director may be appealed to the commission, in compliance with Chapter 88.56 (Appeals).

D.

Council Waiver. The council may waive the resubmittal limitations of this section.

(Ord. No. 06-O6, § 1B, 8-7-06)