Beaumont Municipal Code Ch. 17.D.04 Permits and Approvals

This Chapter provides the procedures for the preparation, filing, and processing of applications for planning permits and other entitlements required by this Title.

A. Purpose. The purpose of a Plot Plan is to provide a process for the review and approval or denial of applications for physical improvements to a site based on their scale, proximity to environmentally sensitive resource areas, or unique design features. The Plot Plan process is intended to encourage site and structural improvements which:

1. Promote excellence in site planning and design;

2. Respect the physical and environmental characteristics of the site; and

3. Ensure projects support the goals and objectives of the General Plan and other adopted City plans.

B. Applicability. Major and minor plot plans are required as described below, or as otherwise specified in this Title.

1. Major Plot Plan. A Major Plot Plan is required for the following projects:

a. Any new nonresidential development with over 10,000 square feet of new gross floor area, except over 20,000 square feet of new or expanded gross floor area in manufacturing zones not adjoining any residential zones.

b. Any new multiple family residential project or projects (including attached townhomes) with 10 or more units, or new subdivisions with 10 or more single-family dwellings.

c. Where required in applicable Specific Plans.

2. Minor Plot Plan. A Minor Plot Plan is required for the following projects:

a. Any new nonresidential development with up to 10,000 square feet of new gross floor area, except up to 20,000 square feet of new floor area in manufacturing zones not adjoining any residential zones.

b. Any new multiple family residential development (including attached townhomes) or new single-family subdivision with two to 10 units, consistent with this Title.

c. Any additions or expansions to existing multiple family residential, commercial, industrial, or mixed-use buildings unless exempted in accordance with Subsection 17.D.04.020.B.3 (Exemptions from Plot Plans).

d. Minor changes to the exterior of existing nonresidential buildings that require a Building Permit. This includes, but is not limited to, facade changes, changes in materials, relocation of storefront doors, and relocation and infill of windows or other openings.

e. The construction of a new accessory structure or building consistent with this Title, unless exempt consistent with Subsection 17.D.04.020.B.3 (Exemptions from Plot Plans).

f. The construction of a new commercial, industrial, mixed-use, or multiple family parking lot.

g. Where required in applicable Specific Plans.

h. Any other project that is not subject to a Major Plot Plan and is not exempt by Subsection 17.D.04.020.B.3 (Exemptions from Plot Plans).

3. Exemptions from Plot Plans. The following projects are exempt from the requirements for a Plot Plan and are only reviewed with an application for a Building Permit, if required:

a. Single-family and multiple family projects that comply with the City's residential objective design standards at Sections 17.C.10.210 (Single-Family Dwellings) and 17.C.10.190 (Multiple Family Dwellings) and are eligible for ministerial review consistent with state law.

b. Additions and alterations to existing buildings and structures that will not increase the gross floor area of the building by more than 10 percent or 5,000 square feet, whichever is less; will not involve any alterations along any street-facing façade; and will match the existing or historic design of the building.

c. Construction, reconstruction, alterations, improvements, and landscaping for a project developed in compliance with a previously issued Plot Plan or landscape plan.

d. Any form of repair or maintenance work where the work solely involves the replacement of materials in like kind and form (e.g., re-roof, window replacement, etc.), or to any repair or maintenance work in areas not visible to the public from the public right-of-way or areas accessible to the public.

e. Changes to exterior building colors; addition, modification, or removal of minor architectural elements.

f. Installation of landscaping no more than 2,500 square feet in an area where no other construction activity is planned.

g. Construction of fences and walls that are consistent with Section 17.C.02.030 (Fences and Walls) and this Title.

h. Alterations and improvements required in whole or part to meet federal or state requirements to accommodate persons with disabilities.

i. New accessory structures that are exempt from obtaining a Building Permit.

j. Accessory Dwelling Units and Junior Accessory Dwellings Units, in compliance with state law.

C. Application Requirements. A Plot Plan application shall be prepared, filed, and processed in compliance with Chapter 17.D.02 (Procedures) and this Section.

D. Authority. The Review Authorities for Major Plot Plans and Minor Plot Plans are identified in Table 17.D.02.030-A (Review Authorities) and Subsection 17.D.04.020.B (Applicability), subject to Subsection 17.D.02.040.B.3 (Multiple Applications) and Subsection 17.D.02.040.O (Appeals).

E. Approval Procedures.

1. Director Evaluation. After a proposed Plot Plan application has been deemed complete, the Community Development Director shall review the Plot Plan application to determine whether it conforms with the provisions of this Title in accordance with Chapter 17.D.02 (Procedures).

2. Major Plot Plan Hearing. The Review Authority shall conduct a public hearing on a Major Plot Plan consistent with Subsection 17.D.02.040.G (Public Hearings).

3. Minor Plot Plan Review. The Community Development Director shall approve or deny a Minor Plot Plan in compliance with the findings provided in Subsection 17.D.04.020.F (Findings).

F. Findings. The Review Authority may approve a Plot Plan, with or without conditions of approval, only after making the following findings as applicable:

1. Findings for All Plot Plans:

a. The proposed project is consistent with this Title;

b. The proposed use and project are consistent with the goals and policies of the General Plan;

c. The project will not be detrimental to public health, safety, and general welfare; and

d. The proposed project is in compliance with the provisions of California Environmental Quality Act.

2. Findings for Specific Projects:

a. The proposed use and project are consistent with the goals and policies of any Specific Plan, if applicable.

b. The proposed siting, form, architectural style, materials, and other elements of single-family residential and multiple family residential developments are consistent with Section 17.C.10.210 (Single-Family Dwellings) and Section 17.C.10.190 (Multiple Family Dwellings).

c. The proposed siting, form, and architectural style of single-family residential, commercial, and industrial developments are appropriate for the project site and surroundings and create a visually cohesive design, and are consistent with all applicable design standards in this Title.

G. Decision; Appeals; Expiration, Extensions, and Revisions.

1. Decision. The Review Authority's decision shall be in compliance with Subsection 17.D.02.040.H (Findings and Decision).

2. Appeals. The Review Authority's decision may be appealed as provided in Subsection 17.D.02.040.O (Appeals).

3. Expiration, Extensions, and Revisions. Plot Plans are subject to expiration as provided in Subsection 17.D.02.040.K (Expiration of Permits) and may only be extended or revised as provided in Subsection 17.D.02.040.L (Extension of Time) and Subsection 17.D.02.040.M (Revisions to an Approved Project).

A. Purpose. The purpose of a Use Permit (i.e., Conditional Use Permit (CUP) and a Minor Conditional Use Permit (MUP)) is to allow essential or desirable uses which nevertheless may have an impact on the surrounding environment while ensuring that the uses are, and will continue to be, appropriate for their proposed location and compatible with surrounding existing and planned uses.

B. Applicability. The use tables in Division B (Zone Regulations) identify the land uses and activities that require a Use Permit.

C. Application Requirements. A Use Permit application shall be prepared, filed, and processed in compliance with Chapter 17.D.02 (Procedures) and this Subsection.

D. Authority. As identified in Table 17.D.02.030-A (Review Authorities), the following are the Review Authorities for Use Permits subject to Subsection 17.D.02.040.B.3 (Multiple Applications) and Subsection 17.D.02.040.O (Appeals).

1. The Planning Commission is the Review Authority for Conditional Use Permits.

2. The Community Development Director is the Review Authority for Minor Conditional Use Permits.

E. Approval Procedures.

1. Director Evaluation. After a proposed Use Permit application has been deemed complete, the Community Development Director shall review the Use Permit application to determine whether it conforms with the provisions of this Title in accordance with Chapter 17.D.02 (Procedures).

2. Conditional Use Permits Hearing. The Planning Commission shall conduct a public hearing on a Conditional Use Permit consistent with Subsection 17.D.02.040.G (Public Hearings).

3. Minor Conditional Use Permits Director Decision. The Community Development Director shall approve or deny a Minor Conditional Use Permit in compliance with the findings provided in Subsection 17.D.04.030.F (Findings).

F. Findings. The Review Authority may approve the Use Permit, with or without conditions of approval, only after making the following findings:

1. The proposed use is consistent with the goals and policies of the General Plan;

2. The proposed use is consistent with the goals and policies of any applicable Specific Plan;

3. The proposed use is appropriate for the zone in which it is located, is compatible with uses allowed in the zone, and complies with all other applicable provisions of this Title;

4. The proposed use will not be materially detrimental to the health, safety, and welfare of the public or the property and residents in the vicinity;

5. The proposed use does not have a disproportionately high and adverse human health or environmental effect on minority and low-income populations.

6. The subject site is physically suitable for the use and compatible with existing and future land uses, buildings, and structures in the vicinity;

7. The subject site is served by streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate or that the streets in question are physically or financially impossible to be improved and that the proposed use is deemed to be beneficial to the City; and

8. The subject site has or will have adequate provisions as determined by the utility for water, sanitation, and public utilities and services.

9. The proposed project is in compliance with the provisions of CEQA.

G. Decision; Appeals; Expiration, Extensions, and Revisions.

1. Decision. The Review Authority's decision shall be in compliance with Subsection 17.D.02.040.H (Findings and Decision).

2. Appeals. The Review Authority's decision may be appealed as provided in Subsection 17.D.02.040.O (Appeals).

3. Expiration, Extensions, and Revisions. Use Permits are subject to expiration as provided in Subsection 17.D.02.040.K (Expiration of Permits) and may only be extended or revised as provided in Subsection 17.D.02.040.L (Extension of Time) and Subsection 17.D.02.040.M (Revisions to an Approved Project).

A. Purpose. This Subsection establishes the procedures for the granting of Temporary Use Permits for short-term activities and uses on privately or publicly owned property with appropriate regulations to ensure that the temporary activities will be compatible with surrounding areas.

B. Applicability. A Temporary Use Permit allows for the short-term activities described in Subsection 17.C.10.230.E (Temporary Uses Requiring a Temporary Use Permit), that may not comply with the normal development or use standards of the applicable zone but would otherwise be acceptable because of their temporary nature. See Beaumont Municipal Code Chapter 9.03 (Regulation of Special Events) for permitting information regarding special events.

C. Application Requirements. A Temporary Use Permit application shall be prepared, filed, and processed in compliance with Chapter 17.D.02 (Procedures) and this Subsection.

D. Authority. As identified in Table 17.D.02.030-A (Review Authorities), the Community Development Director is the Review Authority for Temporary Use Permits subject to Subsection 17.D.02.040.B.3 (Multiple Applications) and Subsection 17.D.02.040.O (Appeals).

E. Approval Procedure.

1. Director Review. After a proposed Temporary Use Permit application has been deemed complete, the Community Development Director shall review the Temporary Use Permit application to determine whether it conforms with the provisions of this Title in accordance with Chapter 17.D.02 (Procedures).

2. Director Decision. The Community Development Director shall approve or deny the application in compliance with the findings provided in Subsection 17.D.04.040.G (Findings).

F. Considerations. In the review of a Temporary Use Permit application, the Community Development Director shall consider:

1. The type and duration of the proposed temporary activity;

2. Input from other City departments, such as Police, Public Works, Parks and Recreation, etc., and other responsible agencies;

3. The requirements and development standards of the applicable zone in which the temporary use is proposed;

4. Any applicable standards for the proposed temporary use established in Section 17.C.10.230 (Temporary Uses).

G. Findings. The Community Development Director may approve the Temporary Use Permit, with or without conditions of approval, only after finding that:

1. The temporary activity complies with applicable standards identified in Section 17.C.10.230 (Temporary Uses); and

2. Maintenance or operation of the temporary activity would not be detrimental to the public health, safety, or welfare of persons residing or working in the vicinity of the proposed temporary activity.

H. Decision and Appeals.

1. Decision. The Review Authority's decision shall be in compliance with Subsection 17.D.02.040.H (Findings and Decision).

2. Appeals. The Review Authority's decision may be appealed as provided in Subsection 17.D.02.040.O (Appeals).

3. Expiration, Extensions, and Revisions. Temporary Use Permits are subject to expiration as provided in Subsection 17.D.02.040.K (Expiration of Permits) and may only be extended or revised as provided in Subsection 17.D.02.040.L (Extension of Time) and Subsection 17.D.02.040.M (Revisions to an Approved Project).

I. Required Lapse of Time for Temporary Use Permits. Except for seasonal sales lots, a minimum of 30 days shall pass between the expiration of a Temporary Use Permit and the issuance of a new and similar Temporary Use Permit for the same property, or the actual removal of the materials and structures associated with the former activity, whichever last occurs.

A. Purpose. The Minor Modification procedure is established to enable minor modifications from the standards in this Title when these requests constitute a reasonable use of property but are not otherwise permissible under the strict application of this Title.

B. Applicability.

1. Types of Minor Modifications. A Minor Modification from the requirements of this Title may be granted for the following types of modifications only:

Table 17.D.04.050-A: Types of Minor Modifications

Table Notes:

1

If a fractional number is obtained with this calculation, the number of parking spaces that may be reduced shall be rounded up to the next highest whole number, except that the parking requirement shall not be reduced to zero (e.g., if two to four parking spaces are required, a minor modification approval could reduce the requirement by one parking space).

2. Other Modifications. Modifications in excess of those cited in Table 17.D.04.050-A (Types of Minor Modifications) above shall require a variance.

C. Application Requirements. A Minor Modification application shall be prepared, filed, and processed in compliance with Chapter 17.D.02 (Procedures) and this Subsection.

D. Authority. As identified in Table 17.D.02.030-A (Review Authorities), the Community Development Director is the Review Authority for Minor Modifications subject to Subsection 17.D.02.040.B.3 (Multiple Applications) and Subsection 17.D.02.040.O (Appeals).

E. Approval Procedures.

1. Director Evaluation. After a proposed Minor Modification application has been deemed complete, the Community Development Director shall review the Minor Modification application to determine whether it conforms with the provisions of this Title in accordance with Chapter 17.D.02 (Procedures).

2. Precedents. A previous Minor Modification shall not be considered to have set a precedent for the granting of any further Minor Modifications; each case must be considered on its individual merits.

3. Director Decision. The Community Development Director shall approve or deny a Minor Modification application in compliance with the findings provided in Subsection 17.D.04.050.F (Findings).

F. Findings. The Review Authority may approve the Minor Modifications, with or without conditions of approval, only after making the following findings:

1. A Modification would not be detrimental to public health, safety, or general welfare or to surrounding property owners or the community;

2. The granting of the Modification would not grant special privileges to the applicant not enjoyed by surrounding property owners;

3. There are physical circumstances due to the shape or condition of the property which would result in hardship under existing regulations;

4. The purpose of Modification is not based exclusively on the financial advantage of the owner;

5. The alleged difficulties were not created by the owner;

6. The Modification would not substantially increase traffic or endanger public safety; and

7. The Modification would not have detrimental effects on adjoining properties.

G. Decision; Appeals; Expiration, Extensions, and Revisions.

1. Decision. The Review Authority's decision shall be in compliance with Subsection 17.D.02.040.H (Findings and Decision).

2. Appeals. The Review Authority's decision may be appealed as provided in Subsection 17.D.02.040.O (Appeals).

3. Expiration, Extensions, and Revisions. Minor Modifications are subject to expiration as provided in Subsection 17.D.02.040.K (Expiration of Permits) and may only be extended or revised as provided in Subsection 17.D.02.040.L (Extension of Time) and Subsection 17.D.02.040.M (Revisions to an Approved Project).

A. Purpose. In compliance with California Government Code § 65900 et seq., this Section allows for Variances from the development standards of this Title, other than those that may be allowed through the Minor Modification process, see Section 17.D.04.050 (Minor Modifications), only when, because of special circumstances applicable to the property, the strict application of this Title deprives such property of privileges enjoyed by other property in the vicinity and located in the same zone.

B. Application Requirements. A Variance application shall be prepared, filed, and processed in compliance with Chapter 17.D.02 (Procedures) and this Section.

C. Authority. As identified in Table 17.D.02.030-A (Review Authorities), the Planning Commission is the Review Authority for Variances subject to Subsection 17.D.02.040.B.3 (Multiple Applications) and Subsection 17.D.02.040.O (Appeals).

D. Approval Procedures.

1. Director Evaluation. After a proposed Variance application has been deemed complete, the Community Development Director shall review the Variance application to determine whether it conforms with the provisions of this Title in accordance with Chapter 17.D.02 (Procedures).

2. Precedents. A previous Variance shall not be considered to have set a precedent for the granting of any further Variances; each case must be considered on its individual merits. Nonconforming uses or developments on adjacent properties shall not be considered as grounds for the granting of a Variance.

3. Planning Commission Hearing. The Planning Commission shall conduct a public hearing on the Variance consistent with Subsection 17.D.02.040.G (Public Hearings).

E. Findings. The Planning Commission may approve a Variance, with or without conditions of approval, only after making the following findings:

1. There are special circumstances applicable to the property, including but not limited to size, shape, topography, location, or surroundings, such that the strict application of this Title deprives the property of privileges enjoyed by other property in the vicinity and under the identical zone;

2. The Variance does not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and the zone in which the property is located;

3. The special circumstances applicable to the property were not created by an act of the property owner (e.g., a Variance shall not be granted for a self-imposed hardship);

4. Granting the Variance would not authorize a use or activity that is not otherwise expressly authorized by the zone governing the property;

5. Granting the Variance will not be materially detrimental to the public health, safety, or welfare and will not impair an adequate supply of light and air to adjacent properties;

6. Granting the Variance is consistent with the General Plan and the intent of this Title; and

7. Granting the Variance is consistent with any Specific Plan, if applicable.

F. Decision; Appeals; Expiration, Extensions, and Revisions.

1. Decision. The Review Authority's decision shall be in compliance with Subsection 17.D.02.040.H (Findings and Decision).

2. Appeals. The Review Authority's decision may be appealed as provided in Subsection 17.D.02.040.O (Appeals).

3. Expiration, Extensions, and Revisions. Variances are subject to expiration as provided in Subsection 17.D.02.040.K (Expiration of Permits) and may only be extended or revised as provided in Subsection 17.D.02.040.L (Extension of Time) and Subsection 17.D.02.040.M (Revisions to an Approved Project).

A. Purpose. This Section establishes the permitting process for permanent signs.

B. Applicability. Subsection 17.C.08.030.B (Permits When Required) describes when a sign permit is required.

1. A Major Sign Permit is required for the following permanent signs, consistent with Chapter 17.C.08 (Signs):

a. Freeway-facing signs;

b. Electronic message signs;

c. Sign exemptions for commercial uses not in a commercial complex consistent with Table 17.C.08.080-C (Commercial Zones, Not Commercial Complex);

d. Elevated automobile service station signs up to a maximum of 15 feet in height in commercial zones; and

e. Pylon signs in the Downtown Mixed Use Zone located along Sixth Street between Veile Avenue and Palm Avenue, or along Beaumont Avenue between Fifth Street to Seventh Street.

2. A Minor Sign Permit is required for any other permanent sign that is not subject to a Major Sign Permit and is not exempt by Subsection 17.C.08.020.E (Signs Exempt from Sign Permits); however, a billboard relocation request shall be approved by the Council consistent with Subsection 17.C.08.040.M (Billboard Policy).

C. Application Requirements.

1. An application for a sign permit shall be made on forms as prescribed by the Community Development Director. Such an application shall be filed with the Department. The application shall be accompanied by any fees or bonds as specified by Council resolution.

2. A sign permit application shall contain the location by street and number of the proposed sign structure, as well as the name and address of the owner and the sign contractor or erector. Three copies of the plans, fully dimensioned, shall be filed with the application, including:

a. Plot plan, fully dimensioned, showing location of all buildings and improvements and the location of each proposed sign together with the location, size and height of all existing signs on the premises/site. The street frontage shall be clearly indicated on the plan.

b. Elevation plan, fully dimensioned, showing height and size of each proposed sign, colors, method of illumination and materials of construction, and if a wall sign, the exact location on the face of the building.

c. Structural and electrical plans, details and calculations prepared and signed by an engineer or architect registered in the State. Such details shall be required when the area of the sign exceeds five square feet and the height of the sign exceeds six feet.

d. A statement by the owner of the proposed sign as to whether the sign is to display commercial or noncommercial messages, or both, and whether the display face will be permanent, changeable, or a permanent structure with changeable elements. If the proposed sign is to be used to display commercial messages, then the applicant shall also state whether the message is to be onsite or offsite.

D. Authority. As identified in Table 17.D.02.030-A (Review Authorities), the following are the Review Authorities for Sign Permits subject to Subsection 17.D.02.040.B.3 (Multiple Applications) and Subsection 17.D.02.040.O (Appeals).

1. The Planning Commission is the Review Authority for Major Sign Permits, except the Council is the Review Authority for a billboard relocation request consistent with Subsection 17.C.08.040.M (Billboard Policy).

2. The Community Development Director is the Review Authority for Minor Sign Permits.

E. Approval Procedures.

1. Multiple Sign Applications. When an application proposes two or more signs, the application may be granted either in whole or in part, with separate decisions as to each proposed sign. When an application is denied in whole or in part, the Community Development Director's written notice of determination shall specify the grounds for such denial.

2. Purpose and Method of Review. The purpose of a permit is to ensure compliance with the provisions of this Chapter. After receipt of a complete sign application, the Community Development Director shall render a decision to approve, approve with modifications or conditions, or deny the sign request within 30 working days. Unless the applicant waives time, failure of the Community Development Director to issue a written decision within 30 working days shall constitute denial of the application. Such a review shall ensure that any sign proposal is in conformance with this Chapter and is consistent with its intent and purpose. In the event that the application is approved with modifications or conditions, those requirements shall not be based upon the proposed message content, sign copy, or design of the visual display of the sign.

F. Findings. The Review Authority may approve a Sign Permit, with or without conditions of approval, only after making the following findings, based on evidence in the public record:

1. All elements of the sign, including design, lighting, scale, width, and materials, are consistent with the intent of the General Plan and any applicable Specific Plan;

2. The sign is consistent with Chapter 17.C.08 (Signs) and this Title;

3. The sign is consistent with any applicable Sign Program;

4. The sign is consistent with the Downtown Revitalization Plan, if applicable;

5. The design, scale, and materials of the sign harmonize with the architectural design and details of the building or site it serves;

6. The design and scale of the sign is appropriate to the distance from which the sign is normally viewed; and

7. The design and materials of the sign provide a contrast between the background and letters, logos, and/or graphics.

G. Decision; Appeals; Expiration, Extensions, and Revisions.

1. Decision. The Review Authority's decision shall be in compliance with Subsection 17.D.02.040.H (Findings and Decision).

2. Appeals. All sign permit applications shall be initially reviewed by the Community Development Director. When the Community Development Director issues a decision on a sign permit application, or when the time for doing so has expired without a written decision, then the applicant or any concerned person may appeal first to the Planning Commission and then to the Council. Appeal is effected by filing a written notice thereof with the City Clerk, and paying the applicable appeal fee as set by Resolution of the Council. In each case, written notice of appeal must be filed with the City Clerk within ten days of when the decision was delivered or sent to applicant and all known concerned persons, or the last day on which a decision should have been timely rendered. In each case, the appellate body must conduct a hearing and consider evidence, and render a written decision within 30 days. In the cases of appeal to the Planning Commission and the Council, the hearing must follow normal procedures for agenizing and giving public notice. Unless time is waived by the applicant, any permit or approval on which the City does not render a definite decision within the required time shall be deemed denied, and the time for appeal or filing judicial review shall commence on the last date on which the City could have issued a decision.

3. Judicial Relief. Following final decision by the Council, any concerned person may seek judicial review of the final decision on a sign permit application in compliance with California Code of Civil Procedure § 1094.8.

4. Expiration, Extensions, and Revisions. Sign Permits are subject to expiration as provided in Subsection 17.D.02.040.K (Expiration of Permits) and may only be extended or revised as provided in Subsection 17.D.02.040.L (Extension of Time) and Subsection 17.D.02.040.M (Revisions to an Approved Project).

5. Revocation or Cancellation. The Community Development Director shall revoke any approval upon refusal of the holder thereof to comply with the provisions of this Chapter and/or the terms or conditions of any permit, after written notice of noncompliance and at least 15 days opportunity to cure.

6. Permits Issued in Error. Any approval or permit issued in error may be summarily revoked at any time before substantial work in reliance upon the permit has been accomplished, by the City upon written notice to the holder of the reason for the revocation.

A. Purpose. The purpose of a Sign Program is to establish a method for an applicant to integrate the design and placement of signs within the overall design of a new project or an existing multi-tenant or mixed-use project. The intent is to ensure design consistency and/or compatibility among individual signs within a multi-tenant property and ensure signs are compatible with the architecture and overall aesthetics of the site and surrounding area. A Sign Program provides a clear prescription of the standards for new and existing signs on the project site and enables consistent and streamlined review, approval, and administration of existing and new signs. Approval of a Sign Program may result in the application of alternative sign standards that supersede the requirements of Chapter 17.C.08 (Signs), consistent with Subsection 17.C.08.030.C (Sign Programs).

B. Applicability. A Sign Program is required for any of the following:

1. All proposed multi-tenant or multi-story nonresidential developments, including mixed-use developments, and multiple family residential uses; and

2. Existing mixed-use and nonresidential multi-tenant uses, when:

a. A building addition and/or an increase of use is proposed in terms of gross floor area, seating capacity, or other units of measurement indicating an intensification of use of 25 percent or more; or

b. An exterior structural remodeling of the building facade is proposed which affects signage.

3. Whenever required by Chapter 17.C.08 (Signs).

4. A Sign Program may voluntarily be developed and maintained by the owner, applicant, or representative of any new or existing mixed-use, nonresidential, or multiple family residential use, when the owner, applicant or representative seeks allowed modifications under Subsection 17.C.08.030.C (Sign Programs).

C. Application Requirements. A Sign Program application shall be prepared, filed, and processed in compliance with Chapter 17.D.02 (Procedures) and this Section.

D. Authority. As identified in Table 17.D.02.030-A (Review Authorities), the Planning Commission is the Review Authority for Sign Programs subject to Subsection 17.D.02.040.B.3 (Multiple Applications) and Subsection 17.D.02.040.O (Appeals).

E. Approval Procedures.

1. Discretionary Review. While the application for a Sign Program may be reviewed concurrently with another application that is subject to discretionary review, discretionary review must be limited to the review of non-communicative aspects (i.e., time, place, manner, location, size, height, illumination, spacing, and orientation) of the signs proposed in the Sign Program.

2. Director Evaluation. After a proposed Sign Program application has been deemed complete, the Community Development Director shall review the Sign Program application to determine whether it conforms with the provisions of this Title in accordance with Chapter 17.D.02 (Procedures).

3. Planning Commission Decision. The Planning Commission shall consider the Community Development Director's recommendation and make a decision on the Sign Program.

F. Findings. The Review Authority may approve a Sign Program, with or without conditions of approval, only after making the following findings:

1. The provisions of the Sign Program are consistent with the intent of the General Plan, Chapter 17.C.08 (Signs) of this Title, and any Specific Plan, if applicable;

2. The provisions of the Sign Program are consistent with the Downtown Revitalization Plan, if applicable;

3. The provisions of the Sign Program ensure consistency in design and style of all new signs;

4. The provisions of the Sign Program address compatibility of the design and style of any existing signs on the building or site; and

5. The provisions of the Sign Program address compatibility of the design and style of new signs with the site layout, building configuration, and design and architectural style of building(s).

G. Decision; Appeals; Expiration, Extensions, and Revisions.

1. Decision. The Review Authority's decision shall be in compliance with Subsection 17.D.02.040.H (Findings and Decision).

2. Appeals. The Review Authority's decision may be appealed as provided in Subsection 17.D.02.040.O (Appeals).

3. Expiration. Approved Sign Programs shall not expire.

4. Revisions. Sign Programs may only be revised as provided in Subsection 17.D.02.040.M (Revisions to an Approved Project).

A. Purpose. The purpose of the Home Occupation Permit is to allow for the conduct of businesses within places of residence and to prescribe the conditions under which limited nonresidential activities may be conducted when incidental to residential activities.

B. Applicability. Section 17.C.10.140 (Home Occupations) identifies requirements for uses and activities that are allowed and require a Home Occupation Permit.

C. Application Requirements. A Home Occupation Permit application shall be prepared, filed, and processed in compliance with Chapter 17.D.02 (Procedures) and this Section.

D. Authority. As identified in Table 17.D.02.030-A (Review Authorities), the Community Development Director is the Review Authority for Home Occupation Permits subject to Subsection 17.D.02.040.B.3 (Multiple Applications) and Subsection 17.D.02.040.O (Appeals).

E. Approval Procedures.

1. Director Review. After a proposed Home Occupation Permit application has been deemed complete, the Community Development Director shall review the Home Occupation Permit application to determine whether it conforms with the provisions of this Title in accordance with Chapter 17.D.02 (Procedures).

2. Director Decision. The Community Development Director shall approve or deny the application in compliance with the findings provided in Subsection 17.D.04.090.F (Findings).

F. Findings. The Community Development Director shall approve a Home Occupation Permit, with or without conditions of approval, if it is determined that the proposed home occupation would:

1. Be consistent with the General Plan and any applicable Specific Plan;

2. Be consistent with the standards of this Title for the subject zone;

3. Be consistent with the home occupation criteria and standards of Section 17.C.10.140 (Home Occupations); and

4. Be consistent with all other applicable provisions of the Beaumont Municipal Code and applicable laws.

G. Decision; Appeals; Expiration, Extensions, and Revisions.

1. Decision. The Review Authority's decision shall be in compliance with Subsection 17.D.02.040.H (Findings and Decision).

2. Appeals. The Review Authority's decision may be appealed as provided in Subsection 17.D.02.040.O (Appeals).

3. Expiration, Extensions, and Revisions. Home Occupation Permits are subject to expiration as provided in Subsection 17.D.02.040.K (Expiration of Permits) and may only be extended or revised as provided in Subsection 17.D.02.040.L (Extension of Time) and Subsection 17.D.02.040.M (Revisions to an Approved Project).

A. Purpose. The purpose of this Section is to provide various levels of historic protection and review and to preserve existing elements of historic resources in Beaumont. The City's intent is to be lenient in its review of plans for structures which have little or no historic value, or of plans for new construction, unless such plans would impair the historic value of surrounding structures. The establishment of a Certificate of Appropriateness is intended to protect structures of historic significance including areas of architectural, cultural, historic, economic, political, and social importance from the adverse effects of any alteration, demolition, or removal.

B. Applicability.

1. A Certificate of Appropriateness is required for the exterior alteration, demolition, removal, or relocation of any historic resource or potential historic resource. A historic resource includes:

a. A resource identified in a City-approved historic or cultural resources study;

b. A structure over 50 years old; and/or

c. A structure potentially eligible for registration on a local, state, or national register.

2. The following activities do not require approval of a Certificate of Appropriateness:

a. Painting, routine maintenance, or minor repair, as determined by the Community Development Director to be consistent with existing colors and materials and not to have an adverse effect on the integrity of the historic resource. Such work includes:

(i) Alterations to the interior of the structure that do not have the possibility of adversely affecting the integrity of the historic resource;

(ii) Repairing pavement or repaving flat concrete work that is not considered a character-defining feature of the historic resource;

(iii) Landscaping, unless the landscaping is considered a character-defining feature of the historic resource;

(iv) Construction, repair, demolition, or alterations to other structures on the property not determined to qualify as a historic resource;

(v) Re-glazing windows;

(vi) Replacement of incompatible windows or doors with more historically appropriate windows or doors;

(vii) In-kind replacement of windows and doors on side and rear façades not readily visible from the public right-of-way;

(viii) Minor changes to front and street side fences;

(ix) Construction, repair, demolition, or alterations to side and rear yard fences;

(x) Roofing work, if there is minimal change in roof structure and exterior appearance;

(xi) Foundation work, if there is minimal change in exterior appearance; and/or

(xii) Repair of exterior siding, if consistent in material, size, and orientation to existing or proven historic siding.

C. Application Requirements. A Certificate of Appropriateness application shall be prepared, filed, and processed in compliance with Chapter 17.D.02 (Procedures) and this Subsection.

D. Authority. As identified in Table 17.D.02.030-A (Review Authorities), the following are the Review Authorities for Certificates of Appropriateness subject to Subsection 17.D.02.040.B.3 (Multiple Applications) and Subsection 17.D.02.040.O (Appeals).

1. The Community Development Director is the Review Authority for minor changes that do not involve new construction, additions to existing structures, or demolition of existing structures.

2. The Planning Commission is the Review Authority for all changes that are not subject to Community Development Director review.

E. Approval Procedures.

1. Director Evaluation. After a proposed Certificate of Appropriateness application has been deemed complete, the Community Development Director shall review the Certificate of Appropriateness application to determine whether it conforms with the provisions of this Title in accordance with Chapter 17.D.02 (Procedures).

2. Notice. Noticing for a Certificate of Appropriateness shall be provided in compliance with Subsection 17.D.02.040.F (Public Hearing Notice); however, the notice for a Certificate of Appropriateness subject to Community Development Director review shall state the following:

a. The Community Development Director will decide whether to approve or deny the Certificate of Appropriateness on a date specified in the notice; and

b. A public hearing will be held by the Community Development Director only if requested in writing by any interested person before the specified date for the decision.

3. Director Review.

a. The Community Development Director shall approve or deny a Certificate of Appropriateness in compliance with the findings provided in Subsection 17.D.04.100.F (Findings).

b. If a public hearing is requested in writing for a Certificate of Appropriateness application subject to Community Development Director review, the Community Development Director shall schedule the hearing which shall be noticed and conducted in compliance with Subsection 17.D.02.040.G (Public Hearings) and Subsection 17.D.02.040.F (Public Hearing Notice). If no public hearing is requested, the Community Development Director shall render a decision on the date specified in the public notice.

4. Planning Commission Review. The Planning Commission shall conduct a public hearing on a Certificate of Appropriateness consistent with Section 17.D.02.040.G (Public Hearings).

F. Findings. The Review Authority may approve the Certificate of Appropriateness, with or without conditions of approval, only after making either of the following findings:

1. Either:

a. The proposed work will neither adversely affect the significant features or character of a historic resource; or

b. A statement of overriding considerations has been adopted by the review authority finding that the benefits of the proposed work outweigh the impact on historic resources; and

2. The proposed project is consistent with the General Plan and any applicable Specific Plan.

G. Unsafe or Dangerous Conditions. This Subsection shall not be construed to prevent any alteration or demolition necessary to correct the unsafe or dangerous conditions of any structure, feature, or part thereof, when such condition has been declared unsafe or dangerous by the Building Official or the Fire Chief and where the proposed measures have been declared necessary by such official to correct such conditions. Work shall be performed in compliance with the current adopted version of the California Building Code for the Abatement of Dangerous Buildings. However, only such work as is necessary to correct the unsafe or dangerous condition may be performed without compliance with this Section.

Reasonable accommodation requests are regulated at Beaumont Municipal Code Chapter 15.26 (Reasonable Accommodations).