Division 9 — SPECIFIC PLAN AMENDMENT

Sec. 30-67. - Purpose.

A specific plan may be amended by changing the development standards or zoning designation of any zone whenever such an amendment is deemed necessary to protect or promote the public's health, safety or general welfare or when modification is viewed as appropriate in the context of generally accepted planning principles, surrounding land uses, and the general plan.

Sec. 30-68. - Pre-application meeting.

Prior to the filing of an application for an amendment to a specific plan, the applicant or the applicant's representative shall apply for a pre-application review by City staff.

(Ord. No. 1906, § 20, 10-25-22)

Sec. 30-69. - Application.

Applications for an amendment to a specific plan shall be filed with the Planning Division upon such forms and accompanied by such data, information, and fees as may be required by the Planning Division, to ensure a full presentation of the facts. No application shall be considered by the Planning Commission until the application is determined to be complete and all required fees have been paid to the City.

(1)

An amendment to a specific plan may be initiated by the Planning Commission, City Council, Director of Community Development, or the owner or authorized agent of the owner of the property for which the application is being made.

(2)

An amendment to provisions of this chapter may be initiated by the Planning Commission, City Council, Director of Community Development, or any person directly affected by the provisions of this chapter.

The Director of Community Development may request proof or authorization to file an application on behalf of another party.

Editor's note— Ord. No. 1906, § 21, adopted Oct. 25, 2022, repealed § 30-70, which pertained to Development Advisory Board (DAB) review and derived from Prior Code.

Sec. 30-71. - Notice.

Notice of hearings for a specific plan amendment shall be as set forth in Division 4, of this article herein.

Sec. 30-72. - Hearing—Planning Commission.

Upon the filing of a complete application for an amendment to a specific plan, the matter shall be set for hearing before the Planning Commission for recommendation to the City Council.

(1)

The Planning Commission shall hold at least one public hearing upon the matters referred to in the application for amendment. If the Planning Commission finds that the proposal substantially promotes the goals of the City's general plan, the Planning Commission shall recommend the change to the City Council. The Planning Commission shall transmit its report in writing to the City Council within 90 days following the public hearing. The report shall set forth the reasons of the Planning Commission recommendations and the relationship of the proposed change to the specific plan.

(2)

If the decision of the Planning Commission is to deny an application requesting an amendment to a specific plan, the decision shall be final unless there is an appeal as provided for in Division 5 of this article herein.

(3)

The Planning Commission shall also have the authority to forward the application to the City Council for consideration.

Sec. 30-73. - Same—City Council.

The City Council shall hold at least one public hearing upon the matters referred to the Council by the Planning Commission or by appeal. The City Council may approve, modify, or reject any part of the recommendation of the Planning Commission. The determination of the City Council shall be final and conclusive, except that whenever the City Council shall consider an amendment not previously considered by the Planning Commission, the Council may refer such amendment to the Planning Commission for its recommendation.

If an application for an amendment to a specific plan is denied by either the Planning Commission or City Council, another application of the same nature and affecting the same property shall not be filed within a period of one year from the date of denial. However, the body denying the application may give permission for a new application to be filed if a change in circumstances or plans indicate a new application is warranted. Nothing contained in this section shall prohibit either the City Council or Planning Commission from initiating an amendment at any time.

DIVISION 10. - ADMINISTRATIVE SITE PLAN MAJOR, MINOR, AMENDMENT, AND MODIFICATION Subdivision I. - Administrative Site Plan—Major

The purpose and intent of the administrative site plan, major process is to provide for the administrative review of projects which, because of their limited size and scope, have minor aesthetic, land use, or traffic implications and do not create any significant impact on public utilities or services. The administrative site plan process is to assure that projects comply with all applicable City standards and ordinances, and are not detrimental to the public health, safety, or welfare, or are materially injurious to properties or improvements in the immediate vicinity.

The Director of Planning or designee is authorized to approve or deny administrative site plan, major, minor, modifications and amendment review applications and to impose reasonable conditions upon such approval. Conditions may include, but shall not be limited to, requirements for special yards, open spaces, buffers, fences, walls, and screening; requirements for installation and maintenance of landscaping and erosion control measures; requirements for street improvements and dedications, regulation of vehicular ingress, egress, and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; requirements for maintenance of landscaping and other improvements; establishment of development schedules or time limits for performance or completion.

(Ord. No. 1906, § 22, 10-25-22)

Sec. 30-77. - Projects subject to administrative site plan, major.

All applications for administrative site plan, major review are required for commercial, industrial, and institutional projects which may or may not involve the issuance of a building permit for construction or reconstruction of a structure which meets the following criteria:

(1)

New construction of 24,999 square feet or less for commercial and institutional projects.

(2)

New construction of 49,999 square feet or less for industrial projects.

(3)

Commercial project with structural additions for commercial projects which do not result in total building area of more than 24,999 square feet.

(4)

Industrial project with structural additions which do not result in total building area of more than 49,999 square feet.

(5)

New construction, of parking lots 5,000 square feet or larger.

(6)

Façade changes, to an existing and previously approved entitlement, without major structural changes.

Sec. 30-78. - Pre-application meeting.

Prior to the filing of an application for an administrative site plan, major, the applicant or the applicant's representative shall apply for a pre-application review by City staff.

(Ord. No. 1906, § 23, 10-25-22)

Sec. 30-79. - Application.

An application for an Administrative Site Plan, Major review shall be filed with the Planning Division in a manner prescribed by the Director of Community Development, including, but not limited to, plans and elevations. Further, any improvements which are depicted and approved as part of the Administrative Site Plan on any colored rendering, elevation, or drawing which is presented in conjunction with a development application, shall be installed pursuant to the approved plans.

Sec. 30-80. - Reserved.

Editor's note— Ord. No. 1951, § 4(Exh. A), adopted May 28, 2024, repealed § 30-80, which pertained to Development Advisory Board (DAB) review and carried no amendatory history.

Sec. 30-81. - Findings for approval.

The Director of Community Development or designee shall make the following findings before granting approval of an administrative plan review application:

(1)

The proposal is consistent with the general plan, Zoning and Development Code, and any applicable specific plan or area plan.

(2)

The proposal meets or exceeds the criteria contained in this chapter and will result in an appropriate, safe, and desirable development promoting the public health, safety, and welfare of the community.

(3)

The proposal, in its design and appearance, is aesthetically and architecturally pleasing resulting in a safe, well-designed facility while enhancing the character of the surrounding neighborhood.

(4)

The site improvements are appropriate and will result in a safe, well-designed facility.

Notice of hearing for an administrative site plan, major, shall be as set forth in Division 4, of this article herein.

Upon receipt of a complete application for an administrative site plan, major, a time and place for the hearing shall be set.

The decision of the Director of Community Development shall be final unless an appeal is filed. An appeals could be made to the Planning Commission as set forth herein, Division 5, of this article herein.

Sec. 30-85. - Time limitations.

Each administrative site plan approval granted under this section shall become null and void two years after the date of approval; unless:

(1)

The appropriate permits have been obtained and construction, defined as permit obtainment, commencement of construction of the primary building on site and successful completion of the first Building and Safety Division inspection has commenced within this period.

(2)

A one time two year extension may be granted by the Director of Planning provided there are no changes to the originally approved site plan and elevations.

(Ord. No. 1898, § 11, 7-26-22)

Subdivision II. - Administrative Site Plan—Minor

Sec. 30-86. - Purpose.

The purpose and intent of the administrative site plan, minor is to provide for the administrative review of projects which, because of their limited size and scope, have minor aesthetic, land use, or traffic implications and do not create any significant impact on public utilities or services. The administrative site plan process is to assure that projects comply with all applicable City standards and ordinances, and are not detrimental to the public health, safety, or welfare, or are materially injurious to properties or improvements in the immediate vicinity. Administrative site plan review is a process that enables the City to ensure the quality and compatibility of the proposed development with surrounding properties. The procedures established herein will:

(1)

Facilitate review of development proposals in a timely manner;

(2)

Ensure conformance with all applicable local design guidelines, standards, and ordinances;

(3)

Minimize adverse effects on surrounding properties; and

(4)

Promote the goals and policies of the general plan.

Sec. 30-87. - Projects subject to administrative site plan, minor.

All applications for administrative site plan, minor review are required for commercial, industrial, and institutional projects which may or may not involve the issuance of a building permit for construction or reconstruction of a structure which meets the following criteria:

(1)

New construction of parking lots less than 5,000 square feet, expansion, or significant reconstruction of parking lots.

(2)

Structural additions less than 1,000 square feet that meet all the requirements of the Municipal Code, including parking. All modifications shall be architecturally compatible with the existing building.

(3)

Accessory structures totaling less than 1,000 square feet (i.e. shade structures, trash enclosures, generators, and additional mechanical equipment). All structures must be screened from the public-right-of-way and adjacent properties. Accessory structures attached to the building shall match the existing building.

(4)

Façade changes to an existing and previously approved entitlement, with no major structural changes.

(5)

Solar carports at previously developed sites that comply with open parking standards.

(6)

One accessory structures less than 200 square feet that are not visible from the right-of-way, do not take up any required parking or landscaping, and do not require fire sprinklers, may be approved through the plan check process.

(7)

When permitted, the establishment and/or construction of an outdoor storage area not exceeding ten percent on the same site as, and in conjunction with, an existing business.

(8)

New installation and replacement of public art.

(Ord. No. 1969, § 4(Exh. A), 5-27-25)

Sec. 30-88. - Pre-application meeting.

Prior to the filing of an application for an administrative site plan, minor, the applicant or the applicant's representative shall apply for a pre-application review by City staff.

(Ord. No. 1906, § 24, 10-25-22)

An application for an administrative site plan, minor review shall be filed with the Planning Division in a manner prescribed by the Director of Community Development, including, but not limited to, plans and elevations. Further, any improvements which are depicted and approved as part of the administrative site plan on any colored rendering, elevation, or drawing which is presented in conjunction with a development application, shall be installed pursuant to the approved plans.

Sec. 30-90. - Reserved.

Editor's note— Ord. No. 1906, § 25, adopted Oct. 25, 2022, repealed § 30-90, which pertained to Development Advisory Board (DAB) review and derived from Prior Code.

Sec. 30-91. - Findings for approval.

The Director of Community Development or designee shall make the following findings before granting approval of an administrative plan review, minor application:

(1)

The proposal is consistent with the general plan, Zoning and Development Code, and any applicable specific plan or area plan.

(2)

The proposal meets or exceeds the criteria contained in this chapter and will result in an appropriate, safe, and desirable development promoting the public health, safety, and welfare of the community.

(3)

The proposal, in its design and appearance, is aesthetically and architecturally pleasing resulting in a safe, well-designed facility while enhancing the character of the surrounding neighborhood.

(4)

The site improvements are appropriate and will result in a safe, well-designed facility.

Sec. 30-92. - Noticing.

Notice of hearing for an administrative site plan, minor, shall be as set forth in Division 4, of this article herein.

Sec. 30-93. - Hearing.

Upon receipt of a complete application for an administrative site plan, minor, a time and place for the hearing shall be set.

The decision of the Director of Community Development shall be final unless an appeal is filed. An appeals could be made to the Planning Commission as set forth herein, Division 5, of this article herein.

Sec. 30-95. - Time limitations.

Each administrative site plan, minor approval granted under this section shall become null and void two years after the date of approval; unless:

(1)

The appropriate permits have been obtained and construction, defined as permit obtainment, commencement of construction of the primary building on site and successful completion of the first Building and Safety Division inspection has commenced within this period.

(2)

A one time two year extension may be granted by the Director of Planning provided there are no changes to the originally approved site plan and elevations.

(Ord. No. 1898, § 11, 7-26-22)

Subdivision III. - Administrative Site Plan—Amendment

Sec. 30-96. - Purpose.

The purpose and intent of the administrative site plan, amendment is to provide for the administrative review for any non-expired approved entitlement for administrative site plan on undeveloped sites is eligible to apply for an amendment pursuant to the amendment procedures herein.

Sec. 30-97. - Authority.

The Director of Planning or designee is authorized to approve or deny administrative site plan, amendment review applications, and to impose reasonable conditions upon such approval. Conditions may include, but shall not be limited to, requirements for special yards, open spaces, buffers, fences, walls, and screening; requirements for installation and maintenance of landscaping and erosion control measures; requirements for street improvements and dedications, regulation of vehicular ingress, egress, and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; requirements for maintenance of landscaping and other improvements; establishment of development schedules or time limits for performance or completion.

(Ord. No. 1906, § 26, 10-25-22)

Sec. 30-98. - Pre-application meeting.

Prior to the filing of an application for an administrative site plan, amendment, the applicant or the applicant's representative shall apply for a preapplication review by City staff.

(Ord. No. 1906, § 27, 10-25-22)

Sec. 30-99. - Application.

An application for an administrative site plan, amendment review shall be filed with the Planning Division in a manner prescribed by the Director of Community Development, including, but not limited to, plans and elevations. Further, any improvements which are depicted and approved as part of the administrative site plan on any colored rendering, elevation, or drawing which is presented in conjunction with a development application, shall be installed pursuant to the approved plans.

Sec. 30-100. - Projects subject to administrative site plan—Amendment.

(a)

Applications for amendments to administrative site plans are required for commercial, industrial, and institutional projects with a previously approved administrative site plan entitlement that has not yet expired, is not under construction or developed, and which may or may not involve the issuance of a building permit for construction, including:

(1)

Major façade changes that include significant structural changes, such as changes to the location of windows and doors, roof pitch or structure, building materials, etc.

(2)

Major site plan changes, such as relocation of buildings, but not including the relocation or modifications to parking spaces where such relocation or modification reduces the number of parking spaces below the required number of parking spaces.

(3)

The addition of square footage to a previously approved building totaling less than one percent of the total building area.

(b)

Amendments to an approved administrative site plan shall be approved by the Director of Planning or his/her designee. Upon the submittal of an application, the Director of Planning shall have the discretion to determine if the proposed amendment will be referred to the approving body for approval or approved administratively. The following parameters shall be used to guide the Director of Planning's decision:

(1)

Changes to conditions of approval, increases in the square footage, and significant changes to either the site plan (such as changing the size, shape, or position of a building on a project site) or architectural elevations (such as changes in building height or massing, altering the exterior building materials, adding or deleting elements such as balconies, dormers, porches, etc.) shall be referred to the approving body for review and approval of an administrative site plan amendment.

(2)

Changes to the following may be reviewed and approved administratively by the Director of Planning:

a.

Architectural features that are not significant in nature (i.e., window treatments, shifting of windows or minor changes in window size, decorative trim, or numbers, the shifting of parking spaces on site that do not reduce the number of required parking spaces below the minimum required by the Article XI or the applicable specific plan, etc.)

b.

Site improvements that enhance the site regarding the aesthetics, public safety and/or security.

c.

Project features not visible from the public right-of-way and that do not result in a material change to the project's operational characteristics, scale intensity or fundamental design intent as originally approved.

(3)

Within five years of the original administrative site plan application, color combinations and color schemes for commercial and industrial buildings shall not be modified or changed without prior approval of the original approving body by a revision to the original application. Minor hue color changes, regardless of the date of the original application and modifications of color combinations and color schemes for administrative site plan applications which are five years or older from the date of approval may be approved by the Director of Planning administratively. The Director of Planning may refer minor hue color changes to the original approving body for consideration under a revision to the original application.

(Ord. No. 1973, § 4(Exh. A), 10-28-25)

The Director of Community Development or designee shall make the following findings before granting approval of an administrative plan review application:

(1)

The proposal is consistent with the general plan, Zoning and Development Code, and any applicable specific plan or area plan.

(2)

The proposal meets or exceeds the criteria contained in this chapter and will result in an appropriate, safe, and desirable development promoting the public health, safety, and welfare of the community.

(3)

The proposal, in its design and appearance, is aesthetically and architecturally pleasing resulting in a safe, well-designed facility while enhancing the character of the surrounding neighborhood.

(4)

The site improvements are appropriate and will result in a safe, well-designed facility.

Sec. 30-102. - Noticing.

Notice of hearings for administrative site plan, amendment shall be as set forth in Division 4, of this article herein.

Sec. 30-103. - Hearing.

Upon receipt of a complete application for an administrative site plan, amendment a time and place for the hearing shall be set.

Sec. 30-104. - Appeal.

The decision of the Director of Community Development shall be final unless an appeal is filed. An appeals could be made to the Planning Commission as set forth herein, Division 5, of this article herein.

Sec. 30-105. - Time limitations.

Each administrative site plan amendment approval granted under this section shall become null and void two years from the date of original approval; unless:

(1)

The appropriate permits have been obtained and construction, defined as permit obtainment, commencement of construction of the primary building on site and successful completion of the first Building and Safety Division inspection has commenced within this period.

(2)

A one time two year extension may be granted by the Director of Planning provided there are no changes to the originally approved site plan and elevations.

(Ord. No. 1898, § 11, 7-26-22)

Subdivision IV. - Administrative Site Plan—Modification

Sec. 30-106. - Purpose.

The purpose and intent of the administrative site plan, modification is to provide for the administrative review for approved projects currently under construction or developed. Administrative site plan modifications shall be pursuant to the procedures outlined herein.

Sec. 30-107. - Authority.

The Director of Planning or designee is authorized to approve or deny administrative site plan, modification review applications, and to impose reasonable conditions upon such approval. Conditions may include, but shall not be limited to, requirements for special yards, open spaces, buffers, fences, walls, and screening; requirements for installation and maintenance of landscaping and erosion control measures; requirements for street improvements and dedications, regulation of vehicular ingress, egress, and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; requirements for maintenance of landscaping and other improvements; establishment of development schedules or time limits for performance or completion.

(Ord. No. 1906, § 29, 10-25-22)

Sec. 30-108. - Pre-application meeting.

Prior to the filing of an application for an administrative site plan, modification, the applicant or the applicant's representative shall apply for a preapplication review by City staff.

(Ord. No. 1906, § 30, 10-25-22)

Sec. 30-109. - Application.

An application for an administrative site plan, modification review shall be filed with the Planning Division in a manner prescribed by the Director of Community Development, including, but not limited to, plans and elevations. Further, any improvements which are depicted and approved as part of the Administrative Site Plan on any colored rendering, elevation, or drawing which is presented in conjunction with a development application, shall be installed pursuant to the approved plans.

Sec. 30-110. - Projects subject to administrative site plan—Modification.

(a)

Applications for administrative site plan modification are required for commercial, industrial, and institutional projects with a previously approved administrative site plan entitlement that has not yet expired, is currently under construction or developed, and which may or may not involve the issuance of a building permit for construction, including:

(1)

Major façade changes that include significant structural changes, such as the changes to the location of windows and doors, roof pitch or structure, building materials, etc.

(2)

Major site plan changes, such as relocation of buildings, but not including the relocation or modifications to parking spaces where such relocation or modification reduces the number of parking spaces below the required number of parking spaces.

(3)

The addition of square footage to a previously approved building totaling less than one percent of the total building area.

(b)

Modifications to an administrative site plan shall be approved by the Director of Planning or his/her designee. Upon written request from an applicant, the Director of Planning shall have the discretion to determine if the proposed modification will be referred to the approving body for approval or approved administratively. The following parameters shall be used to guide the Director of Planning's decision:

(1)

Changes to conditions of approval, increases in the square footage, and significant changes to either the site plan (such as changing the size, shape, or position of a building on a project site) or architectural elevations (such as changes in building height or massing, altering the exterior building materials, or adding or deleting elements like balconies, dormers, porches, etc.) shall be referred to the approving body for review and approval of an administrative site plan modification.

(2)

Changes to the following may be reviewed and approved administratively by the Director of Planning:

a.

Architectural features that are not significant in nature (i.e., window treatments, shifting of windows or minor changes in window size, decorative trim, or numbers, the shifting of parking spaces on site that do not reduce the number of required parking spaces below the minimum required by the Article XI or the applicable specific plan, etc.)

b.

Site improvements that enhance the site regarding the aesthetics, public safety and/or security.

c.

Project features not visible from the public right-of-way and that do not result in a material change to the project's operational characteristics, scale intensity or fundamental design intent as originally approved.

(3)

Within five years of the original administrative site plan application, color combinations and color schemes for commercial and industrial buildings shall not be modified or changed without prior approval of the original approving body by a revision to the original application. Minor hue color changes, regardless of the date of the original application and modifications of color combinations and color schemes for administrative site plan applications which are five years or older from the date of approval may be approved by the Director of Planning. The Director of Planning may refer minor hue color changes to the original approving body for consideration under a revision to the original application.

(Ord. No. 1973, § 4(Exh. A), 10-28-25)

The Director of Community Development or designee shall make the following findings before granting approval of an administrative plan review, modification application:

(1)

The proposal is consistent with the general plan, Zoning and Development Code, and any applicable specific plan or area plan.

(2)

The proposal meets or exceeds the criteria contained in this chapter and will result in an appropriate, safe, and desirable development promoting the public health, safety, and welfare of the community.

(3)

The proposal, in its design and appearance, is aesthetically and architecturally pleasing resulting in a safe, well-designed facility while enhancing the character of the surrounding neighborhood.

(4)

The site improvements are appropriate and will result in a safe, well-designed facility.

Sec. 30-112. - Noticing.

Notice of hearings for administrative site plan, modification shall be as set forth in Division 4, of this article herein.

(1)

Property owner. Notice of Director's action shall be mailed, emailed, delivered to the owner of the subject real property or to the owners' duly authorized agent no less than ten calendar days prior to the DAB review.

(2)

Project applicant. Notice shall be mailed, emailed, delivered to the project applicant no less than ten calendar days prior to the Director's action.

(3)

Local agencies. Notice of the Director's action may be mailed, emailed, or delivered to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project.

(4)

Surrounding property owners. Notice of the Director's action shall be mailed or delivered to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the review no less than ten calendar days prior to the Director's action.

Sec. 30-113. - Hearing.

Upon receipt of a complete application for an administrative site plan, modification a time and place for the hearing shall be set.

Sec. 30-114. - Appeal.

The decision of the Director of Community Development shall be final unless an appeal is filed. An appeals could be made to the Planning Commission as set forth herein, Division 5, of this article herein.

Sec. 30-115. - Time limitations.

Each administrative site plan, modification approval granted under this section shall become null and void two years after the date of approval; unless:

(1)

The appropriate permits have been obtained and construction, defined as permit obtainment, commencement of construction of the primary building on site and successful completion of the first Building and Safety Division inspection has commenced within this period.

(2)

A one time two year extension may be granted by the director of Planning provided there are no changes to the originally approved site plan and elevations.

(Ord. No. 1898, § 11, 7-26-22)

DIVISION 11. - DESIGN REVIEW, AMENDMENT, AND MODIFICATION Subdivision I. - Design Review

Sec. 30-116. - Purpose.

(a)

The purpose and intent of the design review process is to assure that projects comply with all applicable City standards and ordinances, and are not detrimental to the public health, safety, or welfare, or are materially injurious to properties or improvements in the immediate vicinity and define the types of projects that are subject to these procedures. Design review is a process that enables the City to ensure the quality and compatibility of the proposed development with surrounding properties. The procedures established herein will:

Facilitate review of development proposals in a timely manner;

(1)

(2)

Ensure conformance with all applicable local design guidelines, standards, and ordinances;

(3)

Minimize adverse effects on surrounding properties; and

(4)

Promote the goals and policies of the general plan.

(b)

An application for design review is required for any of the following activities requiring the issuance of a building permit for construction/reconstruction of buildings:

(1)

Residential projects of five units or more.

(2)

New construction of 25,000 square feet or more for commercial and institutional projects.

(3)

New construction of 50,000 square feet or more for industrial projects.

(4)

Structural additions which will result in a total building area of 25,000 square feet or more for commercial projects.

(5)

Structural additions which will result in a total building area of 50,000 square feet or more for industrial projects.

Prior to the filing of an application for a design review, the applicant or the applicant's representative shall apply for a pre-application review by City staff.

(Ord. No. 1906, § 32, 10-25-22)

An application for a design review shall be filed with the Planning Department in a manner prescribed by the Director of Planning, including, but not limited to, plans and elevations. Further, any improvements which are depicted and approved as part of the design review on any colored rendering, elevation, or drawing which is presented in conjunction with a development application, shall be installed pursuant to the approved plans.

(Ord. No. 1961, § 4(Exh. A), 1-28-25)

Sec. 30-119. - Reserved.

Editor's note— Ord. No. 1906, § 33, adopted Oct. 25, 2022, repealed § 30-119, which pertained to Development Advisory Board (DAB) review and derived from Prior Code.

The Planning Commission shall approve any design review application subject to the following findings:

(1)

The proposal is consistent with the general plan, Zoning and Development Code, and any applicable specific plan.

(2)

The proposal meets or exceeds the criteria contained in this chapter and will result in an appropriate, safe and desirable development promoting the public health, safety, and welfare of the community.

(3)

The proposal, in its design and appearance, is aesthetically and architecturally pleasing resulting in a safe, well-designed facility while enhancing the character of the surrounding neighborhood.

(4)

The site improvements are appropriate and will result in a safe, well-designed facility.

Sec. 30-121. - Noticing.

Notice of hearings for design review shall be as set forth in Division 4, of this article herein.

Sec. 30-122. - Hearing.

Upon receipt of a complete application for a design review a time and place for the hearing shall be set.

Sec. 30-123. - Appeals.

The decision of the Planning Commission shall be final unless an appeal is filed. An appeal could be made to the City Council as set forth in Division 5, of this article herein.

Sec. 30-124. - Time limitations.

Each design review approval granted under this article shall become null and void two years after the date of approval, unless:

(1)

The appropriate permits have been obtained and construction, defined permit obtainment, commencement of construction of the primary building on site and successful completion of the first Building and Safety Division inspection has commenced within the two years period.

(2)

A vesting tentative tract or parcel map is approved concurrently with the design review item. In such cases, the design review approval period shall be valid pursuant to the time limits prescribed by Division No. 21, of this article herein.

(3)

Any valid design review in effect at the date of adoption of this section shall remain valid for a period of two years from the date of that design review approval. A one-time two-year extension may be granted by the Director of Planning provided there are no changes to the originally approved site plan and elevations.

(Ord. No. 1898, § 11, 7-26-22; Ord. No. 1961, § 4(Exh. A), 1-28-25)

Subdivision II. - Design Review—Amendment

Sec. 30-125. - Purpose.

(a)

The purpose and intent of the design review, amendment process is to assure that projects comply with all applicable City standards and ordinances, and are not detrimental to the public health, safety, or welfare, or are materially injurious to properties or improvements in the immediate vicinity. Projects eligible for an amendment are for any nonexpired approved entitlements for design review on undeveloped sites pursuant to the amendment procedures herein.

(Ord. No. 1973, § 4(Exh. A), 10-28-25)

Sec. 30-126. - Pre-application meeting.

Prior to the filing of an application for a design review, amendment, the applicant or the applicant's representative shall apply for a pre-application review by City staff.

(Ord. No. 1906, § 34, 10-25-22)

Sec. 30-127. - Application.

An application for a design review amendment shall be filed with the Planning Department in a manner prescribed by the Director of Planning, including, but not limited to, plans and elevations. Further, any improvements which are depicted and approved as part of the design review, amendment on any colored rendering, elevation, or drawing which is presented in conjunction with a development application, shall be installed pursuant to the approved plans.

(Ord. No. 1961, § 4(Exh. A), 1-28-25)

Sec. 30-128. - Projects subject to design review—Amendment.

(a)

Applications for design review—amendment are required for projects with a previously approved design review entitlement that has not yet expired, is not under construction or developed, and which may or may not involve the issuance of a building permit for construction, including:

(1)

Major façade changes that include significant structural changes, such as the changes to the location of windows and doors, roof pitch or structure, building materials, etc.

(2)

Major site plan changes, such as relocation of buildings, but not including the relocation of or modifications to parking spaces where such relocation or modification reduces the number of parking spaces below the required number of parking spaces.

(3)

The addition of square footage to a previously approved building totaling less than one percent of the total building area.

(b)

Amendments to an approved design review shall be approved by the Director of Planning or his/her designee. Upon written request from an applicant, the Director of Planning shall have the discretion to determine if the proposed amendment will be referred to the approving body for approval or approved administratively. Administratively approved amendments to a design review originally approved by the Planning Commission shall be placed on the Planning Commission agenda under the Director of Planning report for informational purposes. The following parameters shall be used to guide the Director of Planning's decision:

(1)

Changes to conditions of approval, increases in the square footage, and significant changes to either the site plan or architectural elevations shall be referred to the approving body for review and approval of a design review.

(2)

Changes to the following may be reviewed and approved administratively by the Director of Planning:

a.

Architectural features that are not significant in nature (i.e., window treatments, shifting of windows or minor changes in window size, decorative trim, or numbers, the shifting of parking spaces on site that do not reduce the number of required parking spaces below the minimum required by the Article XI or the applicable specific plan, etc.)

b.

Site improvements that enhance the site regarding the aesthetics, public safety and/or security.

c.

Project features not visible from the public right-of-way and that do not result in a material change to the project's operational characteristics, scale intensity or fundamental design intent as originally approved.

(3)

Within five years of the original design review or administrative site plan application, color combinations and color schemes for commercial and industrial buildings shall not be modified or changed without prior approval of the original approving body by a revision to the original application. Minor hue color changes, regardless of the date of the original application and modifications of color combinations and color schemes for design reviews and administrative site plan applications which are five years or older from the date of approval may be approved by the Director of Community Development. The Director of Community Development may refer minor hue color changes to the original approving body for consideration under a revision to the original application. Appeals shall follow provisions of Section 30-132.

(Ord. No. 1973, § 4(Exh. A), 10-28-25)

The Planning Commission shall approve any design review, amendment application subject to the following findings:

(1)

The proposal is consistent with the general plan, Zoning and Development Code, and any applicable specific plan.

(2)

The proposal meets or exceeds the criteria contained in this chapter and will result in an appropriate, safe and desirable development promoting the public health, safety, and welfare of the community.

(3)

The proposal, in its design and appearance, is aesthetically and architecturally pleasing resulting in a safe, well-designed facility while enhancing the character of the surrounding neighborhood.

(4)

The site improvements are appropriate and will result in a safe, well-designed facility.

Sec. 30-130. - Noticing.

Notice of hearings for design review, amendment shall be as set forth in Division 4, of this article herein.

Sec. 30-131. - Hearing.

Upon receipt of a complete application for a design review, amendment a time and place for the hearing shall be set.

Sec. 30-132. - Appeals.

The decision of the Planning Commission shall be final unless an appeal is filed. An appeal could be made to the City Council as set forth in Division 5, of this article herein.

Sec. 30-133. - Time limitations.

Each design review amendment approval granted under this article shall become null and void two years after the date of approval, unless:

(1)

The appropriate permits have been obtained and construction, defined permit obtainment, commencement of construction of the primary building on site and successful completion of the first Building and Safety Division inspection has commenced within the two years period.

(2)

A vesting tentative tract or parcel map is approved concurrently with the design review item. In such cases, the design review approval period shall be valid pursuant to the time limits prescribed by Division No. 21, of this article herein.

(3)

Any valid design review amendment in effect at the date of adoption of this section shall remain valid for a period of two years from the date of that design review approval. A one-time two-year extension may be granted by the Director of Planning provided there are no changes to the originally approved site plan and elevations.

(Ord. No. 1898, § 11, 7-26-22; Ord. No. 1961, § 4(Exh. A), 1-28-25)

Secs. 30-134, 30-135. - Reserved.

Subdivision III. - Design Review—Modification

Sec. 30-136. - Purpose.

Modification is to provide for the administrative review for approved projects currently under construction or developed. Design review, modifications shall be pursuant to the procedures outlined herein.

Sec. 30-137. - Pre-application meeting.

Prior to the filing of an application for a design review, modification, the applicant or the applicant's representative shall apply for a pre-application review by City staff.

(Ord. No. 1906, § 36, 10-25-22)

Sec. 30-138. - Application.

An application for a design review modification shall be filed with the Planning Department in a manner prescribed by the Director of Planning, including, but not limited to, plans and elevations. Further, any improvements which are depicted and approved as part of the design review, modification on any colored rendering, elevation, or drawing which is presented in conjunction with a development application, shall be installed pursuant to the approved plans.

(Ord. No. 1961, § 4(Exh. A), 1-28-25)

Sec. 30-139. - Projects subject to design review—Modification.

(a)

Applications for design review—modification are required for projects with a previously approved design review entitlement that has not yet expired, is under construction or already developed, and which may or may not involve the issuance of a building permit for construction, including:

(1)

Major façade changes that include significant structural changes, such as the changes to the location of windows and doors, roof pitch or structure, building materials, etc.

(2)

Major site plan changes, such as relocation of buildings, but not including the relocation or modifications to parking spaces where such relocation or modification reduces the number of parking spaces below the required number of parking spaces.

(3)

The addition of square footage to a previously approved building totaling less than one percent of the total building area.

(b)

Modifications to an approved design review shall be approved by the approving body or the Director of Planning or his/her designee. Upon written request from an applicant, the Director of Planning shall have the discretion to determine if the proposed amendment will be referred to the approving body for approval or approved administratively. Administratively approved modifications to a design review originally approved by the Planning Commission shall be placed on the Planning Commission agenda under the Director of Planning report for informational purposes. The following parameters shall be used to guide the Director of Planning's decision:

(1)

Changes to conditions of approval, increases in the square footage, and significant changes to either the site plan or architectural elevations shall be referred to the approving body for review and approval.

(2)

Changes to the following may be reviewed and approved administratively by the Director of Planning:

a.

Architectural features that are not significant in nature (i.e., window treatments, shifting of windows or minor changes in window size, decorative trim, or numbers, the shifting of parking spaces on site that do not reduce the number of required parking spaces below the minimum required by the Article XI or the applicable specific plan, etc.)

b.

Minor site improvements that enhance the site regarding the aesthetics, public safety and/or security.

c.

Project features not visible from the public right-of-way and that do not result in a material change to the project's operational characteristics, scale intensity or fundamental design intent as originally approved.

(3)

Within five years of the original design review application, color combinations and color schemes for commercial and industrial buildings shall not be modified or changed without prior approval of the original approving body by a revision to the original application. Minor hue color changes, regardless of the date of the original application and modifications of color combinations and color schemes for design reviews applications which are five years or older from the date of approval may be approved by the Director of Planning. The Director of Planning may refer minor hue color changes to the original approving body for consideration under a revision to the original application. Appeals shall follow provisions of Section 30-33.

(Ord. No. 1973, § 4(Exh. A), 10-28-25)

The Planning Commission shall approve any design review, modification application subject to the following findings:

(1)

The proposal is consistent with the general plan, Zoning and Development Code, and any applicable specific plan.

(2)

The proposal meets or exceeds the criteria contained in this chapter and will result in an appropriate, safe and desirable development promoting the public health, safety, and welfare of the community.

(3)

The proposal, in its design and appearance, is aesthetically and architecturally pleasing resulting in a safe, well-designed facility while enhancing the character of the surrounding neighborhood.

(4)

The site improvements are appropriate and will result in a safe, well-designed facility.

Sec. 30-141. - Noticing.

Notice of hearings for design review, modification shall be as set forth in Division 4, of this article herein.

Sec. 30-142. - Hearing.

Upon receipt of a complete application for a design review, modification a time and place for the hearing shall be set.

Sec. 30-143. - Appeals.

The decision of the Planning Commission shall be final unless an appeal is filed. An appeal could be made to the City Council as set forth in Division 5, of this article herein.

Sec. 30-144. - Time limitations.

Each design review, modification approval granted under this article shall become null and void two years from the date of approval, unless:

(1)

The appropriate permits have been obtained and construction, defined permit obtainment, commencement of construction of the primary building on site and successful completion of the first Building and Safety Division inspection has commenced within the two years period.

(2)

A vesting tentative tract or parcel map is approved concurrently with the design review item. In such cases, the design review approval period shall be valid pursuant to the time limits prescribed by Division No. 11.

(3)

Any valid design review, modification in effect at the date of adoption of this section shall remain valid for a period of two years from the date of that design review approval. A one time two year extension may be granted by the Director of Planning provided there are no changes to the originally approved site plan and elevations. An extension request with any proposed change to the site plan or elevations shall require Planning Commission approval.

(Ord. No. 1898, § 11, 7-26-22)

DIVISION 12. - CONDITIONAL USE PERMIT, AMENDMENT, AND MODIFICATION Subdivision I. - Conditional Use Permit

Sec. 30-145. - Purpose.

The City recognizes that certain types of land uses require individual review by the Planning Commission to determine whether the type of use proposed, or the location of that use, is compatible with, or can be made compatible with surrounding land uses.

Sec. 30-146. - Authority.

The Planning Commission is authorized to approve or deny applications for conditional use permit, and to impose conditions upon such approval.

(Ord. No. 1906, § 38, 10-25-22)

Sec. 30-147. - Pre-application meeting.

Prior to the filing of an application for a conditional use permit, the applicant or the applicant's representative shall apply for a pre-application review by City staff.

(Ord. No. 1906, § 39, 10-25-22)

Sec. 30-148. - Application.

(a)

Applications for conditional use permits shall be filed with the Planning Division on forms, and accompanied by data, information, and fees as required by the Community Development Department. No application shall be considered by the Planning Commission until the application is determined to be complete and all required fees have been paid to the City.

(b)

At a minimum, the application shall include:

(1)

A written statement that the applicant is the owner of the subject property or an agent thereof.

(2)

The legal description of the property involved, the proposed use, and site plans.

(3)

The proposed use of the building and property.

Sec.;en. - Reserved.

Editor's note— Ord. No. 1906, § 40, adopted Oct. 25, 2022, repealed § 30-149, which pertained to Development Advisory Board (DAB) review and derived from Prior Code.

Sec. 30-150. - Findings for approval.

In giving approval to a conditional use permit application, the Planning Commission shall make the following findings:

(1)

The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning and Development Code, Municipal Code, general plan, any applicable specific plan or area plan, and City regulations/standards.

(2)

The site is physically suited for the type, density, and intensity of the proposed use including access, utilities, and the absence of physical constraints and can be conditioned to meet all related performance criteria and development standards.

(3)

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

Notice of hearings for conditional use permit shall be as set forth in Division 4, of this article herein.

Upon receipt of a complete application for a conditional use permit, a time and place for the public hearing before the Planning Commission shall be set.

Sec. 30-153. - Appeal.

The decision of the Planning Commission shall be final unless an appeal is filed. An appeal could be made to the City Council as set forth in Division 5, of this article herein.

Any conditional use permit granted pursuant to the provisions of this division is conditional upon the permittee proceeding with a good faith intent to commence upon the proposed use within two years after the effective date of the approval. No permittee shall obtain any right solely by reason of such conditional use permit issuance, unless and until such good faith intent to commence upon the proposed use is evidenced. Evidence of a good faith intent to commence upon the proposed use shall consist solely of the following, as applicable:

(1)

For a conditional use permit for which no other entitlements or permits are required, actual use of the subject site for the use that is authorized by the conditional use permit has commenced within such time period.

(2)

In addition, if a tentative tract map, vesting tentative tract map, or parcel map is approved concurrently with the conditional use permit item, the final map has been recorded within such time period.

(3)

In addition, for a conditional use permit for which a building permit is required to comply with any condition of the conditional use permit, all appropriate building permits have been obtained and construction (defined as permit obtainment, commencement of construction of the primary building on-site, and successful completion of the first Building and Safety Division inspection) has commenced within such time period.

(4)

An extension of up to two years beyond the initial time period provided in subparagraph (a) may be granted by the Director of Planning upon a showing by the applicant of unavoidable delay not caused by the applicant. An applicant for an extension of this time limit must submit a written request to the

Planning Department for a time extension 60 days prior to the original time limit expiring. Appeals of the Director of Planning's decision shall be made to the Planning Commission as set forth in Division No. 5, of this article herein.

(Ord. No. 1898, § 11, 7-26-22; Ord. No. 1961, § 4(Exh. A), 1-28-25)

Sec. 30-155. - Revocation.

(a)

A conditional use permit may be revoked or modified if the Planning Commission makes any of the following findings:

(1)

That any condition of the conditional use permit has not been complied with or is violated;

(2)

That the use is detrimental to the public health or safety or is a nuisance;

(3)

That the conditional use permit was obtained by fraud;

(4)

That the use for which the conditional use permit was granted has ceased or been suspended for a period of one year.

(b)

Notice of hearings for conditional use permit shall be as set forth in Division 3, herein.

(c)

The decision of the Director of Community Development may be appealed to the Planning Commission pursuant to Division 4, herein.

Subdivision II. - Conditional Use Permit—Amendment

Sec. 30-156. - Purpose.

The purpose and intent of the conditional use permit amendment is to provide for the review for any non-expired approved entitlement for conditional use permit on undeveloped sites is eligible to apply for an amendment pursuant to the amendment procedures herein.

Sec. 30-157. - Pre-application meeting.

Prior to the filing of an application for a conditional use permit amendment, the applicant or the applicant's representative shall apply for a pre-application review by City staff. Staff recommendations should be incorporated into the project prior to filing the formal application. Projects determined minor in nature may be waived of this process by the Director of Planning.

(Ord. No. 1906, § 41, 10-25-22)

Sec. 30-158. - Application.

(a)

Applications for conditional use permit amendment shall be filed with the Planning Division on forms, and accompanied by data, information, and fees as required by the Community Development Department. No application shall be considered by the Planning Commission until the application is determined to be complete and all required fees have been paid to the City.

(b)

At a minimum, the application shall include:

(1)

A written statement that the applicant is the owner of the subject property or an agent thereof.

(2)

The legal description of the property involved, the proposed use, and site plans.

(3)

The proposed use of the building and property.

Sec. 30-159. - Reserved.

Editor's note— Ord. No. 1906, § 42, adopted Oct. 25, 2022, repealed § 30-159, which pertained to Development Advisory Board (DAB) review and derived from Prior Code.

Sec. 30-160. - Findings for approval.

In giving approval to a conditional use permit amendment application, the Planning Commission shall make the following findings:

(1)

The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning and Development Code, Municipal Code, general plan, any applicable specific plan or area plan, and City regulations/standards.

(2)

The site is physically suited for the type, density, and intensity of the proposed use including access, utilities, and the absence of physical constraints and can be conditioned to meet all related performance criteria and development standards.

(3)

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

Sec. 30-161. - Noticing.

Notice of hearings for conditional use permit amendment shall be as set forth in Division 4, of this article herein.

Sec. 30-162. - Hearing by Planning Commission.

Upon receipt of a complete application for a conditional use permit amendment a time and place for the public hearing before the Planning Commission shall be set.

Sec. 30-163. - Appeal.

The decision of the Planning Commission shall be final unless an appeal is filed. An appeal could be made to the City Council as set forth in Division 5, of this article herein.

Sec. 30-164. - Time limitations.

Any conditional use permit amendment granted pursuant to the provisions of this division is conditional upon the permittee proceeding with a good faith intent to commence upon the proposed use within two years months after the effective date of the approval. No permittee shall obtain any right solely by reason of such conditional use permit issuance, unless and until such good faith intent to commence upon the proposed use is evidenced. Evidence of a good faith intent to commence upon the proposed use shall consist solely of the following, as applicable:

(1)

For a conditional use permit amendment for which no other entitlements or permits are required, actual use of the subject site for the use that is authorized by the conditional use permit amendment has commenced within such time period.

(2)

In addition, if a tentative tract map, vesting tentative tract map, or parcel map is approved concurrently with the conditional use permit amendment item, the final map has been recorded within such time period.

(3)

In addition, for a conditional use permit amendment for which a building permit is required to comply with any condition of the conditional use permit, all appropriate building permits have been obtained and construction (defined as permit obtainment, commencement of construction of the primary building on-site, and successful completion of the first Building and Safety Division inspection) has commenced within such time period.

(4)

An extension of up to two years beyond the initial time period provided in subparagraph (a) may be granted by the Director of Planning upon a showing by the applicant of unavoidable delay not caused by the applicant. An applicant for an extension of this time limit must submit a written request to the Planning Department for a time extension 30 days prior to the original time limit expiring. Appeals of the Director of Planning's decision shall be made to the Planning Commission as set forth in Division No. 5, of this article herein.

(Ord. No. 1898, § 11, 7-26-22)

Subdivision III. - Conditional Use Permit—Modification

Sec. 30-165. - Purpose.

The purpose and intent of the conditional use permit modification is to provide for the review for any approved, vested entitlement for conditional use permit and allow for modifications pursuant to the procedures outlined herein.

Sec. 30-166. - Pre-application meeting.

Prior to the filing of an application for a conditional use permit modification, the applicant or the applicant's representative shall apply for a pre-application review by City staff. Projects determined minor in nature may be waived of this process by the Director of Community Development.

(Ord. No. 1906, § 43, 10-25-22)

Sec. 30-167. - Application.

(a)

Applications for conditional use permit modification shall be filed with the Planning Division on forms, and accompanied by data, information, and fees as required by the Community Development Department. No application shall be considered by the Planning Commission until the application is determined to be complete and all required fees have been paid to the City.

(b)

At a minimum, the application shall include:

(1)

A written statement that the applicant is the owner of the subject property or an agent thereof.

(2)

The legal description of the property involved, the proposed use, and site plans.

(3)

The proposed use of the building and property.

Sec. 30-168. - Reserved.

Editor's note— Ord. No. 1906, § 44, adopted Oct. 25, 2022, repealed § 30-168, which pertained to Development Advisory Board (DAB) review and derived from Prior Code.

Sec. 30-169. - Findings for approval.

In giving approval to a conditional use permit modification application, the Planning Commission shall make the following findings:

(1)

The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning and Development Code, Municipal Code, general plan, any applicable specific plan or area plan, and City regulations/standards.

(2)

The site is physically suited for the type, density, and intensity of the proposed use including access, utilities, and the absence of physical constraints and can be conditioned to meet all related performance criteria and development standards.

(3)

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

Sec. 30-170. - Noticing.

Notice of hearings for conditional use permit modification shall be as set forth in Division 4, of this article herein.

Sec. 30-171. - Hearing.

Upon receipt of a complete application for a minor use permit a time and place for the public hearing before the Planning Commission shall be set.

Sec. 30-172. - Appeal.

The decision of the Planning Commission shall be final unless an appeal is filed. An appeal could be made to the City Council as set forth in Division 4, of this article herein.

Sec. 30-173. - Time limitations.

Any conditional use permit modification granted pursuant to the provisions of this division is conditional upon the permittee proceeding with a good faith intent to commence upon the proposed use within two years months after the effective date of the approval. No permittee shall obtain any right solely by reason of such conditional use permit modification issuance, unless and until such good faith intent to commence upon the proposed use is evidenced. Evidence of a good faith intent to commence upon the proposed use shall consist solely of the following, as applicable:

(1)

For a conditional use permit modification for which no other entitlements or permits are required, actual use of the subject site for the use that is authorized by the conditional use permit has commenced within such time period.

(2)

In addition, if a tentative tract map, vesting tentative tract map, or parcel map is approved concurrently with the conditional use permit item, the final map has been recorded within such time period.

(3)

In addition, for a conditional use permit modification for which a building permit is required to comply with any condition of the conditional use permit, all appropriate building permits have been obtained and construction (defined as permit obtainment, commencement of construction of the primary building on-site, and successful completion of the first Building and Safety Division inspection) has commenced within such time period.

(4)

An extension of up to two years beyond the initial time period provided in subparagraph (a) may be granted by the Director of Planning upon a showing by the applicant of unavoidable delay not caused by the applicant. An applicant for an extension of this time limit must submit a written request to the Planning Department for a time extension 30 days prior to the original time limit expiring. Appeals of the Director of Planning's decision shall be made to the Planning Commission as set forth in Division No. 5, of this article herein.

(Ord. No. 1898, § 11, 7-26-22)

DIVISION 13. - MINOR USE PERMITS, AMENDMENT, AND MODIFICATION Subdivision I. - Minor Use Permits

The purpose and intent of the minor use permit is to provide for the accommodation of land uses with special site or design requirements, operating characteristics, or potential adverse effects on surroundings, through review and the imposition of conditions of approval.

Sec. 30-175. - Pre-application meeting.

Prior to the filing of an application for a minor use permit, the applicant or the applicant's representative shall apply for a pre-application review by City staff. Projects determined minor in nature may be waived of this process by the [Director] of Community Development.

(Ord. No. 1906, § 45, 10-25-22)

Sec. 30-176. - Application.

(a)

Applications for minor use permits shall be filed with the Planning Division on forms, and accompanied by detailed, information on the use of the building and property, and fees as required by the Planning Division. No application shall be considered by the Director of Community Development until the application is determined to be complete and all required fees have been paid to the City.

(b)

At a minimum, the application shall include:

(1)

A written statement that the applicant is the owner of the subject property or an agent thereof.

(2)

The legal description of the property involved, the proposed use and plans.

Editor's note— Ord. No. 1906, § 46, adopted Oct. 25, 2022, repealed § 30-177, which pertained to Development Advisory Board (DAB) review and derived from Prior Code.

Sec. 30-178. - Findings for approval.

The Director of Community Development shall make the following findings as may reasonably apply when considering approval of a minor use permit application:

(1)

The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning and Development Code, Municipal Code, general plan, any applicable specific plan or area plan, and City regulations/standards.

(2)

The site is physically suited for the type, density, and intensity of the proposed use including access, utilities, and the absence of physical constraints and can be conditioned to meet all related performance criteria and development standards.

(3)

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

Sec. 30-179. - Noticing.

Notice of hearings for minor use permit shall be as set forth in Division 4, of this article herein.

Sec. 30-180. - Hearing.

Upon receipt of a complete application for a minor use permit, a time and place for the hearing before the Director of Community Development shall be set.

Sec. 30-181. - Appeal.

The decision of the Director of Community Development shall be final unless an appeal is filed. An appeal could be made to the Planning Commission as set forth in Division 5, of this article herein.

Any minor use permit granted pursuant to the provisions of this division is conditional upon the permittee proceeding with a good faith intent to commence upon the proposed use within two years after the effective date of the approval. No permittee shall obtain any right solely by reason of such minor use permit issuance, unless and until such good faith intent to commence upon the proposed use is evidenced. Evidence of a good faith intent to commence upon the proposed use shall consist solely of the following, as applicable:

(1)

For a minor use permit for which no other entitlements or permits are required, actual use of the subject site for the use that is authorized by the minor use permit has commenced within such time period.

(2)

In addition, if a tentative tract map, vesting tentative tract map, or parcel map is approved concurrently with the minor use permit, the final map has been recorded within such time period.

(3)

In addition, for a minor use permit for which a building permit is required to comply with any condition of the minor use permit, all appropriate building permits have been obtained and construction (defined as permit obtainment, commencement of construction of the primary building on-site, and successful completion of the first Building and Safety Division inspection) has commenced within such time period.

(4)

An extension of up to two years beyond the initial time period provided in subparagraph (a) may be granted by the Director of Planning upon a showing by the applicant of unavoidable delay not caused by the applicant. An applicant for an extension of this time limit must submit a written request to the Planning Department for a time extension 30 days prior to the original time limit expiring. Appeals of the Director of Planning's decision shall be made to the Planning Commission as set forth in Division No. 5, of this article herein.

(Ord. No. 1898, § 11, 7-26-22)

Sec. 30-183. - Revocation.

(a)

A minor use permit may be revoked or modified if the Director of Community Development makes any of the following findings:

(1)

That any condition of the minor use permit has not been complied with or is violated;

(2)

That the use is detrimental to the public health or safety or is a nuisance;

(3)

That the minor use permit was obtained by fraud;

(4)

That the use for which the minor use permit was granted has ceased or been suspended for a period of one year.

(b)

Notice of hearings for minor use permit shall be as set forth in Division 3, herein; provided that the owner and/or applicant of the subject property shall be notified by certified mail.

(c)

The decision of the Director of Community Development shall be final unless an appeal is filed. An appeal could be made to the Planning Commission as set forth in Division 4, herein.

Subdivision II. - Minor Use Permits Amendment

Sec. 30-184. - Purpose.

The purpose and intent of the minor use permit amendment is to provide for the accommodation of land uses with special site or design requirements, operating characteristics, or potential adverse effects on surroundings, through review and the imposition of conditions of approval.

The Director of Community Development or designee is authorized to approve or deny minor use permit amendment applications.

Sec. 30-186. - Pre-application meeting.

Prior to the filing of an application for a minor use permit amendment, the applicant or the applicant's representative shall apply for a pre-application review by City staff. Projects determined minor in nature may be waived of this process by the [Director] of Community Development.

(Ord. No. 1906, § 47, 10-25-22)

Sec. 30-187. - Application.

(a)

Applications for minor use permit amendments shall be filed with the Planning Division on forms, and accompanied by detailed, information on the use of the building and property, and fees as required by the Planning Division. No application shall be considered by the Director of Community Development until the application is determined to be complete and all required fees have been paid to the City.

(b)

At a minimum, the application shall include:

(1)

A written statement that the applicant is the owner of the subject property or an agent thereof.

(2)

The legal description of the property involved, the proposed use and plans.

Sec. 30-188. - Reserved.

Editor's note— Ord. No. 1906, § 48, adopted Oct. 25, 2022, repealed § 30-188, which pertained to Development Advisory Board (DAB) review and derived from Prior Code.

Sec. 30-189. - Findings for approval.

The Director of Community Development shall make the following findings as may reasonably apply when considering approval of a minor use permit Amendment application:

(1)

The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning and Development Code, Municipal Code, general plan, any applicable specific plan or area plan, and City regulations/standards.

(2)

The site is physically suited for the type, density, and intensity of the proposed use including access, utilities, and the absence of physical constraints and can be conditioned to meet all related performance criteria and development standards.

(3)

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

Sec. 30-190. - Noticing.

Notice of hearings for minor use permit amendment shall be as set forth in Division 4, of this article herein.

Sec. 30-191. - Hearing.

Upon receipt of a complete application for a minor use permit amendment, a time and place for the hearing before the Director of Community Development shall be set.

Sec. 30-192. - Appeal.

The decision of the Director of Community Development shall be final unless an appeal is filed. An appeal could be made to the Planning Commission as set forth in Division 5, of this article herein.

Subdivision III. - Minor Use Permits Modification

Sec. 30-193. - Purpose.

The purpose and intent of the minor use permit modification is to provide for the review for any approved, vested entitlement for minor use permit and allow for modifications pursuant to the procedures outlined herein.

Sec. 30-194. - Pre-application meeting.

Prior to the filing of an application for a minor use permit modification, the applicant or the applicant's representative shall apply for a pre-application review by City staff. Projects determined minor in nature may be waived of this process by the [Director] of Community Development.

(Ord. No. 1906, § 49, 10-25-22)

Sec. 30-195. - Application.

(a)

Applications for minor use permits modification shall be filed with the Planning Division on forms, and accompanied by detailed, information on the use of the building and property, and fees as required by the Planning Division. No application shall be considered by the Director of Community Development until the application is determined to be complete and all required fees have been paid to the City.

(b)

At a minimum, the application shall include:

(1)

A written statement that the applicant is the owner of the subject property or an agent thereof.

(2)

The legal description of the property involved, the proposed use and plans.

Sec. 30-196. - Reserved.

Editor's note— Ord. No. 1906, § 50, adopted Oct. 25, 2022, repealed § 30-196, which pertained to Development Advisory Board (DAB) review and derived from Prior Code.

Sec. 30-197. - Findings for approval.

The Director of Community Development shall make the following findings as may reasonably apply when considering approval of a minor use permit modification application:

(1)

The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning and Development Code, Municipal Code, general plan, any applicable specific plan or area plan, and City regulations/standards.

(2)

The site is physically suited for the type, density, and intensity of the proposed use including access, utilities, and the absence of physical constraints and can be conditioned to meet all related performance criteria and development standards.

(3)

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

Sec. 30-198. - Noticing.

Notice of hearings for minor use permit modification shall be as set forth in Division 4, of this article herein.

Sec. 30-199. - Hearing by Director of Community Development.

Upon receipt of a complete application for a minor use permit modification a time and place for the hearing before the Director of Community Development shall be set.

Sec. 30-200. - Appeal.

The decision of the Director of Community Development shall be final unless an appeal is filed. An appeal could be made to the Planning Commission as set forth in Division 5, of this article herein.

Any minor use permit modification granted pursuant to the provisions of this division is conditional upon the permittee proceeding with a good faith intent to commence upon the proposed use within two years after the effective date of the approval. No permittee shall obtain any right solely by reason of such minor use permit issuance, unless and until such good faith intent to commence upon the proposed use is evidenced. Evidence of a good faith intent to commence upon the proposed use shall consist solely of the following, as applicable:

(1)

For a minor use permit modification for which no other entitlements or permits are required, actual use of the subject site for the use that is authorized by the minor use permit has commenced within such time period.

(2)

In addition, if a tentative tract map, vesting tentative tract map, or parcel map is approved concurrently with the minor use permit, the final map has been recorded within such time period.

(3)

In addition, for a minor use permit modification for which a building permit is required to comply with any condition of the minor use permit, all appropriate building permits have been obtained and construction (defined as permit obtainment, commencement of construction of the primary building on-site, and successful completion of the first Building and Safety Division inspection) has commenced within such time period.

(4)

An extension of up to two years beyond the initial time period provided in subparagraph (a) may be granted by the Director of Planning upon a showing by the applicant of unavoidable delay not caused by the applicant. An applicant for an extension of this time limit must submit a written request to the Planning Department for a time extension 30 days prior to the original time limit expiring. Appeals of the Director of Planning's decision shall be made to the Planning Commission as set forth in Division No. 5, of this article herein.

(Ord. No. 1898, § 11, 7-26-22)

DIVISION 14. - VARIANCE, ADMINISTRATIVE AND MAJOR Subdivision I. - Administrative Variance

An administrative variance is permission to depart from the Zoning and Development Code, because of special circumstances unique to a specific property, strict application of the ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning. Any administrative variance granted shall not constitute a special privilege.

The Director of Community Development or designee is authorized to approve or deny administrative variance applications.

Prior to the filing of an application for an administrative variance, the applicant or the applicant's representative shall apply for a pre-application conference with City staff. Projects determined minor in nature may be waived of this process by the Director of Community Development.

(Ord. No. 1906, § 51, 10-25-22)

Sec. 30-205. - Application.

(a)

Applications for an administrative variance shall be filed with the Planning Division on forms, and accompanied by data, information, and fees as required by the Community Development Department. No application shall be considered by the Planning Commission until the application is determined to be complete and all required fees have been paid to the City.

(b)

At a minimum, the application shall include:

(1)

A statement that the applicant is the owner of the subject property or an agent thereof;

(2)

The legal description of the property involved, the proposed use, and site plans;

(3)

A reference to the specific provisions of this chapter that are applicable to the requested variance; and

(4)

The specific use and standard for which the administrative variance is being requested shall be described in detail.

The Community Development Director shall be authorized to approve the following types of administrative variances:

(1)

Modifications of ten percent or less of any zoning district setback, lot width, lot depth, building coverage, building height, or wall height standard.

(2)

Alternate parking plans involving a modification of ten percent or less of any of the off-street parking and loading standards.

Sec. 30-207. - Reserved.

Editor's note— Ord. No. 1906, § 52, adopted Oct. 25, 2022, repealed § 30-207, which pertained to Development Advisory Board (DAB) review and derived from Prior Code.

Sec. 30-208. - Findings for approval.

The Director of Community Development may grant an administrative variance from the requirements of Division 14, of this article herein where practical difficulties, unnecessary hardships, or results contrary to the intent of this chapter would occur from the strict and literal interpretation and enforcement of the Code. An administrative variance may be granted upon conditions which will ensure the protection of the public safety, health, and welfare. To grant an administrative variance, the Director of Community Development shall make the following findings:

(1)

That because of circumstances applicable to the property including size, shape, topography, location or surroundings, the strict application of this chapter will deprive the property of privileges enjoyed by other property in the vicinity and under identical zoning classification;

(2)

That the granting of such an administrative variance will be subject to conditions assuring that the variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which the property is located; and

(3)

That the administrative variance does not authorize a use or activity which is not a specifically allowed use in the zoning district in which the property is located.

Sec. 30-209. - Noticing.

Notice of hearings for an administrative variance shall be as set forth in Division 4 of this article herein.

(Ord. No. 1961, § 4(Exh. A), 1-28-25)

Sec. 30-210. - Hearing.

Upon receipt of a complete application for administrative variance a time and place for the hearing before the Director of Community Development shall be set.

Sec. 30-211. - Appeal.

The decision of the Director of Community Development shall be final unless an appeal is filed. An appeal could be made to the Planning Commission as set forth in Division 4, herein.

Each administrative variance granted under the provisions of this article shall become null and void two years after the date of the action approving the administrative variance unless:

(1)

The construction authorized by the administrative variance or permit has been commenced within two years after the granting of the administrative variance and diligently advanced to completion; or

(2)

The occupancy of land or buildings authorized by the administrative variance has taken place within two years after the granting of the administrative variance; or

(3)

The decision approving an administrative variance contains in its findings and conditions specific authority for extending the time limit defined; or

(4)

The Director of Planning finds that circumstances beyond the control of the applicant have caused delays which do not permit compliance with the time limits established, in which case a one-time two-year time extension may be granted by the Director of Planning.

(Ord. No. 1961, § 4(Exh. A), 1-28-25)

Subdivision II. - Variance, Major

Sec. 30-213. - Purpose.

A variance, major is permission to depart from Zoning and Development Code, because of special circumstances unique to a specific property, strict application of the ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning. A variance, major is intended to examine when the strict interpretation of the provisions of this chapter causes physical hardship due to the property's unique size, shape, topography, location, or other physical condition. A variance, major may be granted for relief from certain provisions of the Code. Any variance, major granted shall not constitute a special privilege.

Sec. 30-214. - Authority.

The Planning Commission is authorized to approve or deny applications for variance, major, and to impose conditions upon such approval.

(Ord. No. 1906, § 53, 10-25-22)

Sec. 30-215. - Pre-application meeting.

Prior to the filing of an application for a variance, major, the applicant or the applicant's representative shall apply for a preapplication conference with Director of Planning. Projects determined minor in nature may be waived of this process by the Director of Community Development.

(Ord. No. 1951, § 4(Exh. A), 5-28-24)

Sec. 30-216. - Application.

(a)

Applications for a variance, major shall be filed with the Planning Division on forms, and accompanied by data, information, and fees as required by the Community Development Department. No application shall be considered by the Planning Commission until the application is determined to be complete and all required fees have been paid to the City.

(b)

At a minimum, the application shall include:

(1)

A statement that the applicant is the owner of the subject property or an agent thereof;

(2)

The legal description of the property involved, the proposed use, and site plans;

(3)

A reference to the specific provisions of this chapter that are applicable to the requested variance, major; and

(4)

The specific use for which the variance, major is being requested shall be described in detail.

Sec. 30-217. - Reserved.

Editor's note— Ord. No. 1951, § 4(Exh. A), adopted May 28, 2024, repealed § 30-217, which pertained to Development Advisory Board (DAB) review and carried no amendatory history.

Sec. 30-218. - Findings for approval.

Either the Planning Commission or City Council may grant a variance, major from the requirements of this chapter where practical difficulties, unnecessary hardships, or results contrary to the intent of this chapter would occur from the strict and literal interpretation and enforcement of the Code. A variance, major may be granted upon conditions which will ensure the protection of the public safety, health and welfare. To grant a variance, major, the Commission must find from the facts presented that the following conditions exist.

(1)

That because of circumstances applicable to the property including size, shape, topography, location or surroundings, the strict application of this chapter will deprive the property of privileges enjoyed by other property in the vicinity and under identical zoning classification;

(2)

That the granting of such a variance, major will be subject to conditions assuring that the variance, major shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which the property is located; and

(3)

That the variance, major does not authorize a use or activity which is not a specifically allowed use in the zoning district in which the property is located.

Sec. 30-219. - Noticing.

Notice of hearings for variance, major shall be as set forth in Division 4, of this article herein.

Upon receipt of a complete application for variance, major a time and place for the public hearing for the matter shall be set not less than ten days nor more than 51 days thereafter.

The decision of the Planning Commission shall be final unless an appeal is filed. An appeal could be made to the City Council as set forth in Division 5, of this article herein.

Each variance, major granted under the provisions of this article shall become null and void two years after the date of the action approving the variance, major unless:

(1)

The construction authorized by the variance, major or permit has been commenced within two years after the granting of the variance, major and diligently advanced to completion; or

(2)

The occupancy of land or buildings authorized by the variance, major has taken place within two years after the granting of the variance, major; or

(3)

The decision approving a variance, major contains in its findings and conditions specific authority for extending the time limit defined; or

(4)

The Director of Planning finds that circumstances beyond the control of the applicant have caused delays which do not permit compliance with the time limits established, in which case a one-time two-year time extension may be granted by the Director of Planning.

(Ord. No. 1961, § 4(Exh. A), 1-28-25)

DIVISION 15. - DIRECTOR'S DETERMINATION

Sec. 30-223. - Purpose.

A Director's determination is intended to specify that a use that is not listed within an established list of uses, may be allowed to operate within a particular zoning district. The Director of Planning shall have the authority to determine other uses, in addition to those specifically listed in this article, which may be permitted or conditionally permitted in each of the various zones when, in his or her judgment supported by specific findings, such other uses are similar to and no more objectionable to the public welfare than those listed.

(Ord. No. 1899, § 4, 7-26-22)

Sec. 30-224. - Authority.

The Director of Community Development or designee is authorized to approve or deny Director's determination for project applications.

Sec. 30-225. - Application.

Applications for Director's determination shall be filed with the Planning Division upon such forms and accompanied by such data, information, and fees as may be required by the Planning Division, to insure a full presentation of the facts. No application shall be considered by the Director of Planning until the application is determined to be complete and all required fees have been paid to the City.

In reaching a determination that a use not specifically listed in this chapter may be permitted or conditionally permitted in each of the various zones, the Director shall make the following specific findings in writing:

(1)

That the proposed use is consistent with the applicable general plan map and text, the zoning district, and all other provisions of the Zoning and Development Code.

(2)

That the proposed use will be compatible with other permitted and conditionally permitted uses in the zoning district and that there will be no reasonably foreseeable adverse effect to other surrounding properties or their permitted uses.

(3)

That the proposed use will be organized, designed, constructed, operated and maintained so as to be compatible with the character of the zoning district and surrounding zoning districts as intended by the General Plan and Zoning and Development Code.

(4)

The proposed use is of a type, character, size, scale and nature which is compatible, conforming and otherwise harmonious with other like and similar uses, especially as related to operational characteristics such as services offered, goods, products, hours of operation, traffic and noise generation, and any other characteristic which by its existence provides factual information pertinent to the Director's Determination.

(Ord. No. 1898, § 11, 7-26-22)

Sec. 30-226. - Reserved. Sec. 30-227. - Approval.

Upon receipt of a complete application for a Director's determination, the project will be reviewed by Planning staff for the Director's approval.

Sec. 30-228. - Appeal.

The decision of the Director of Community Development shall be final unless an appeal is filed. An appeal could be made to the Planning Commission as set forth in Division 5, of this article herein.

DIVISION 16. - PARK REVIEW

Sec. 30-229. - Purpose.

A park review is intended to examine development to ensure high quality for the entire site design including structures, equipment, fields, landscaping, and parking. Such review enables the City to, encourage the most appropriate development, and prevent deterioration of property aesthetics throughout the community.

Sec. 30-230. - Projects subject to review.

An application for park review is required for any public park or a developer-built park that will be dedicated to the City.

Sec. 30-231. - Authority.

The Parks, Community, and Human Services Commission (PCHSC) is authorized to review and provide comments for parks. The park review shall be presented to the PCHSC at a regular meeting.

The Planning Commission is authorized to approve or deny applications for park review upon review of the PCHSC, and to impose conditions upon such approval.

(Ord. No. 1906, § 54, 10-25-22)

Sec. 30-232. - Pre-application meeting.

Prior to the filing of an application for a park review, the applicant or the applicant's representative shall apply for a pre-application review in order to meet with the Director of Planning prior to submitted the formal application.

(Ord. No. 1906, § 55, 10-25-22)

Sec. 30-233. - Application.

Applications for park review shall be filed with the Planning Division upon such forms and accompanied by such data, information, and fees as may be required by the Planning Division, to ensure a full presentation of the facts. No application shall be considered by the Planning Commission until the application is determined to be complete and all required fees have been paid to the City.

Sec. 30-234. - Reserved.

Editor's note— Ord. No. 1906, § 56, adopted Oct. 25, 2022, repealed § 30-234, which pertained to Development Advisory Board (DAB) review and derived from Prior Code.

Sec. 30-235. - Review—Parks, Community, and Human Services Commission.

To recommend that a development project be forwarded to the Planning Commission, from the facts presented that the following conditions exist:

(1)

The design and layout of the proposed park is consistent with the applicable elements of the general plan; the design guidelines and development standards/policies of the proposal shall be consistent with the general plan, zoning, and applicable specific plans.

(2)

The design and layout of the proposed park will not interfere with the use and enjoyment of neighboring developments, or pedestrian and vehicular circulation.

(3)

The architectural design of the proposed park is aesthetically pleasing while enhancing the character of the surrounding neighborhood and will promote quality development envisioned by the general plan.

(4)

The design of the proposed park would provide a desirable environment for its users using structures, equipment, fields, landscaping, and parking in an aesthetically pleasing manner.

(5)

The proposed project is in compliance with all applicable federal, state, county, and City laws and regulations.

The Planning Commission shall approve any park review application subject to the following findings:

(1)

The proposal is consistent with the general plan, Zoning and Development Code, and any applicable specific plan.

(2)

The proposal meets or exceeds the criteria contained in this chapter and will result in an appropriate, safe and desirable development.

(3)

The proposal, in its design and appearance, is aesthetically and architecturally pleasing while enhancing the character of the surrounding neighborhood.

(4)

The site improvements are appropriate and will result in a safe, well-designed facility.

(5)

The proposal promotes the public health, safety, and welfare of the community.

Notice of hearings for time extension for projects shall be as set forth in Division 4, of this article herein.

Upon receipt of a complete application for park review a time and place for the hearing before the Director of Community Development shall be set.

Sec. 30-239. - Appeal.

The decision of the Planning Commission shall be final unless an appeal is filed. An appeal could be made to the City Council as set forth in Division 5, of this article herein.

DIVISION 17. - CALIFORNIA REDEMPTION VALUE (CRV) RECYCLING COLLECTION FACILITY

It is the purpose of this section to provide regulations and standards which pertain to the review, construction and operation of CRV recycling facilities within the City. The placement, construction or operation of any recycling facility, as defined herein, is prohibited without first obtaining a permit pursuant to the provisions set forth in this section.

The Director of Planning or designee is authorized to approve or deny California Redemption Value (CRV) Recycling Collection Facility through the process of minor use permit review applications, and to impose reasonable conditions upon such approval. Conditions may include, but shall not be limited to, requirements for installation and maintenance of landscaping and erosion control measures; requirements for vehicular ingress, egress, and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; requirements for maintenance of landscaping and other improvements; establishment of development schedules or time limits for performance or completion.

(Ord. No. 1906, § 57, 10-25-22)

Applications for recycling facility permits shall be filed with the Planning Division on forms, and accompanied by data, information, and fees as required by the Planning Division. The CRV recycling facilities shall be reviewed through a minor administrative site plan and minor use permit application. No application shall be considered by the approving body until the application is determined to be complete and all required fees have been paid to the City.

Sec. 30-243. - Definitions.

(a)

California Redemption Value (CRV) means a regulatory fee paid on recyclable beverage containers in California.

(b)

Convenience zone means that area within a one-half mile radius of a supermarket as designated by the California Department of Conservation pursuant to the terms of the California Beverage Container Recycling and Litter Reduction Act (California Public Resources Code § 14500 et seq.).

(c)

A supermarket is a retail establishment selling food, conveniences, and household goods with an area of no less than 35,000 square feet of gross floor area.

(1)

Recyclable material means reusable material including, but not limited to, metal, glass, plastic and paper.

(2)

Recycling facility means a structure or group of structures for the collection of recyclable materials and certified as a recycling facility by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act. CRV recycling facilities include the following:

a.

Reverse vending machine means one or more automated mechanical devices, which occupy a space no larger than 342 square feet, and which are used for the collection of one or more recyclable materials in return for a cash refund or redeemable credit slip with a value not less than the redemption value as determined by the California Department of Conservation.

b.

Mobile recycling unit means a kiosk, bin or portable container, occupying a space less than 342 square feet, and which are used for the collection and redemption of recyclable materials and which is operated by an attendant during hours of operation. A mobile recycling unit may include certain permanent structures associated with the mobile recycling unit as provided in this section.

Sec. 30-244. - Location of CRV recycling facilities.

(a)

One CRV recycling facility, capable of redeeming all forms of recyclable materials as provided herein, shall be allowed in each convenience zone. In the event two or more permit applications are received within one convenience zone which does not have an existing CRV recycling facility, the Director of Community Development may, in his/her discretion, choose which application best meets the needs of the community based on those factors including, but not limited to, convenience of use, pedestrian and vehicular traffic safety, aesthetic compatibility, etc.

(b)

In the event that two or more convenience zones overlap, one CRV recycling facility shall be permitted in the area of such overlap to service both zones, unless it can be demonstrated to the satisfaction of the Director of Community Development that such area of overlap is not available or amendable to meet all of the placement criteria as provided in this section.

(c)

Two or more recycling centers may be allowed within a convenience zone if, in addition to all criteria provided in this section, approval is granted pursuant to the provisions of a minor use permit and minor administrative site plan applications.

The placement, construction and operation of CRV recycling facilities, shall be subject to the following development standards:

(1)

CRV recycling facilities shall be established in conjunction with an existing commercial use which is in compliance with the current development, building, and fire codes and is located within a convenience zone in an area zoned for commercial or industrial uses.

(2)

CRV recycling facilities shall be setback at least 50 feet from any street frontage, as measured from the curb face.

(3)

CRV recycling facilities shall be conveniently accessible to pedestrians and vehicles and shall be designed to include safety provisions for separating pedestrian and vehicular traffic (i.e., special curb/walkways, drive aisles, bollards, safety lighting, etc.).

(4)

CRV recycling facilities shall be designed in a manner consistent with the architectural and site plan of the associated commercial use, including, but not limited to, exterior materials, color and landscaping.

(5)

CRV recycling facilities shall be designed with related permanent enclosures. The facility shall also provide an overhead trellis or arbor with landscaping over the front portion of the facility to shade the customers and attendant.

(6)

CRV recycling facilities that are operated by an on-site attendant shall be provided access to the facilities of the associated commercial use (i.e., restrooms, drinking fountains, etc.).

(7)

CRV recycling facilities shall be designed with a landscape planter at least five feet in width (inside dimension) along the sides and front of the facility.

(8)

CRV recycling facilities shall be maintained in good repair and the area immediately surrounding the recycling facility shall be maintained in a litter-free condition. All storage of recyclable material shall be within the recycling facility or related enclosed structure.

(9)

Signage required for a recycling facility shall be reviewed through a design review sign application and comply with the sign ordinance.

(10)

CRV recycling facilities which are operated by an on-site attendant and located within 100 feet of a property zoned or occupied for residential uses shall operate only during the hours of 9:00 a.m. to 7:00 p.m.

Sec. 30-246. - Reserved.

Editor's note— Ord. No. 1906, § 58, adopted Oct. 25, 2022, repealed § 30-246, which pertained to Development Advisory Board (DAB) review and derived from Prior Code.

Sec. 30-247. - Findings for approval.

The Director of Community Development or designee shall make the following findings before granting approval of an administrative plan review, minor application:

(1)

The proposal is consistent with the general plan, Zoning and Development Code, and any applicable specific plan or area plan.

(2)

The proposal meets or exceeds the criteria contained in this chapter and will result in an appropriate, safe, and desirable development promoting the public health, safety, and welfare of the community.

(3)

The proposal, in its design and appearance, is aesthetically and architecturally pleasing resulting in a safe, well-designed facility while enhancing the character of the surrounding neighborhood.

(4)

The site improvements are appropriate and will result in a safe, well-designed facility.

Sec. 30-248. - Noticing.

Notice of hearings for CRV recycling facilities shall be as set forth in Division 4, of this article herein.

Upon receipt of a complete application for a CRV recycling facilities a time and place for the hearing before the Director of Community Development shall be set.

Sec. 30-250. - Appeal.

The decision of the Director of Community Development shall be final unless an appeal is filed. An appeal could be made to the Planning Commission as set forth in Division 5, of this article herein.

Each administrative site plan, modification approval granted under this section shall become null and void two years after the date of approval; unless:

(1)

The appropriate permits have been obtained and construction, defined as permit obtainment, commencement of construction of the primary building on site and successful completion of the first Building and Safety Division inspection has commenced within this period.

(2)

A one-time one-year extension may be granted by the Director of Community Development provided there are no changes to the originally approved site plan and elevations.

Any permit granted pursuant to the term of this section shall be deemed automatically revoked if the operator's recycling certificate is revoked or suspended by the California Department of Conservation pursuant to the terms of the California Beverage Container Recycling and Litter Reduction Act.