Division 1 — APPLICATIONS[[3]]

Footnotes:

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Editor's note— Ord. No. 1900, § 4(Exh. 1), adopted Apr. 14, 2015, repealed the former Div. 1, §§ 90-41— 90-47.9, and enacted a new Div. 1 as set out herein. The former Div. 1 pertained to similar subject matter

and derived from Ord. No. 1562, § 2, adopted July 29, 1997; Ord. No. 1837, § 1(Exh. A), adopted June 14, 2011.

(a)

Purpose. The purpose of a zoning application is to allow for consideration of applications for a change in the zoning ordinance or a change in the zone on a property shown on the official zoning map.

(1)

Zoning ordinance amendments. The zoning regulations set forth in the chapter may be amended in accordance with the procedures of this article.

(2)

Zone map change. The boundaries of the zoning designation on any property set forth on the official zoning map on file with the city clerk, may be amended by changing the zoning designation in accordance with the procedures of this article.

(b)

New applications. An application for an amendment to the zoning ordinance or for a zone map change shall be filed with the director or the director's designee by the property owner or an authorized agent on a form(s) prescribed by the director, and shall include information and/or maps which are deemed by the director to be necessary to enable the approving authority to make the required findings. The director or the director's designee shall make available, in writing, a listing of the information and/or maps which are required to be submitted. Concurrent applications may be filed and processed.

(c)

Compliance with Government Code § 65853. Any zone ordinance amendment or zone map change, which changes any property from one zone to another or imposes any regulation specified in Government Code § 65850 not previously imposed or removes or modifies any specified regulation previously imposed shall be adopted in compliance with Government Code §§ 65854 to 65857, inclusive and as specified in this article.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

An application fee for a zoning ordinance amendment or zone change shall accompany the application submittal requirements which are filed with the director. The fee(s) shall cover the costs of processing the applications in accordance with a schedule adopted from time to time by city council resolution.

(b)

Applications which are deemed incomplete and with no activity to complete the application for a period of 12 months from the filing date are considered automatically withdrawn and may be subject to a refund in accordance with this section. Applications which have been withdrawn will require a new application and fee to be submitted in order to process the application.

(c)

Application fee refunds shall be authorized by the director for applications that are withdrawn upon written request and proof of payment by the applicant, in accordance with a refund schedule based upon staff time spent on the project. Requests for application fee refunds shall be valid for a period of up to six months from the date of withdrawal.

(d)

Portions of application fees paid to another jurisdiction or agency for services to be rendered in connection with the application shall not be refunded until recovered by the city. Nothing contained in this section shall prohibit another jurisdiction or agency from refunding fees directly to the applicant. If fees have been paid out to another jurisdiction or agency, the administrative fee related to coordinating the review of applications by other jurisdictions or agencies is nonrefundable.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

The director shall investigate and prepare a written report on all applications. Copies of the report shall be provided to the approving authority and the applicant at least three calendar days prior to a hearing an the application.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

Hearing date. The director in the case of the planning commission, and the city clerk in the case of the city council shall set the time and place of the required public hearings. The hearing body, i.e., the commission, or council may change the time or place of their hearing, or may continue their hearing from time to time.

(b)

Public hearing notice. Notice of public hearings shall contain the time and place of the hearing and the location and proposed use of the subject property.

(c)

Publication. Notice of public hearing shall be published once in a newspaper of general circulation in the city not less than ten days prior to the date of the hearing.

(d)

Mailing. Notice of public hearing shall be mailed not less than ten days prior to the date of the hearing of owners of property within a radius of 500 feet of the exterior boundaries of the subject property. If the director deems the proposal to have a greater effect than the required notification radius, the director may increase the notification radius appropriately.

(e)

Testimony. A summary of all pertinent testimony offered at the public hearing, the names and addresses of the persons testifying, copies of all notices, affidavits of posting and publication, and records of action taken shall be a part of the permanent files of the project.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

Planning commission. The planning commission shall be responsible for review and recommendation of zoning ordinance amendments and zone map changes to the city council.

(b)

City council. The city council shall be responsible for the final review and approval of zoning ordinance amendments and zone map changes.

(c)

Effective date. The zoning ordinance amendment or zone map change shall become effective 30 days following the date of the second reading of the city council ordinance approving the action.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

Upon approval of a zoning ordinance amendment or zone change the following findings shall be made by the approving authority:

(a)

Zoning ordinance amendments.

(1)

That the zoning ordinance amendment is in conformance with the latest adopted general plan for the city; and

(2)

That the zoning ordinance amendment will protect the public health, safety and welfare.

(b)

Zone map change.

(1)

That the proposed change of zone is in conformance with the latest adopted general plan for the city; and

(2)

That the affected site is physically suited for the proposed zone change in terms of location, shape, size, and design; and

(3)

That the proposed change of zone is substantially compatible with adjacent zoning, established land uses, and/or the planned development patterns in the vicinity, in terms of density, development standards, and character.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

Decisions of the planning commission on a zoning ordinance amendment or zone map change are automatically scheduled for city council action. The council may affirm, modify or reverse the planning commission decision, making any findings required by this chapter and/or state law. The decision of the city council shall be final.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15; Ord. No. 1903, § 2(Exh. 1), 8-11-15)

An application for a zone change on the same property or substantially the same property following the denial of the same request shall not be accepted within one calendar year of the date of denial unless the approving authority waives the resubmittal date at the time of project denial.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

Purpose. Certain types of land uses require special consideration in a particular zone or in the city as a whole, and possess unique or special characteristics which make automatic inclusion as permitted uses either impractical or undesirable. For such uses, certain safeguards and conditions may be required to protect the public health, safety, convenience and general welfare and assure compatibility with adjacent uses.

(b)

Applicability. A conditional use permit shall be required for any use designated as requiring a conditional use permit in the city's land use matrix for the zone in which the project is located.

(c)

New applications. An application for a conditional use permit shall be filed with the director or the director's designee by the property owner or an authorized agent on a form(s) prescribed by the director, and shall include information and/or maps which are deemed by the director to be necessary to enable the approving authority to make the required findings. The director or the director's designee shall make available, in writing, a listing of the information and/or maps which are required to be submitted. Concurrent applications may be filed and processed.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

An application fee for a conditional use permit shall accompany the application submittal requirements which are filed with the director. The fee(s) shall cover the costs of processing the applications in accordance with a schedule adopted from time to time by city council resolution.

(b)

A streamlined conditional use permit with a reduced application fee may be considered in certain circumstances in which the amount of staff time required to process an application is less if the applicant can demonstrate to the satisfaction of the director that:

(1)

The use is proposed to occupy an existing building or tenant space in a legally constructed building and tenant improvements or additions do not increase the existing square footage by more than 30 percent;

(2)

The use meets all development standards of the zone, including providing for adequate parking;

(3)

The use is not detrimental to public health and safety;

(4)

The use does not include any uses determined to have a community sensitivity such as an adult business, alcohol sales, live entertainment, pawn shop, smoke shop, massage parlor, or tattoo/piercing shop;

(5)

The use is not specifically listed in other chapters of the code as requiring a conditional use permit with additional application submittal requirements or findings;

(6)

The environmental effects of the use do not require the preparation of a mitigated negative declaration or environmental impact report.

(c)

Applications which are deemed incomplete and with no activity to complete the application for a period of 12 months from the filing date are considered automatically withdrawn and may be subject to a refund in accordance with this section. Applications which have been withdrawn will require a new application and fee to be submitted in order to process the application.

(d)

Application fee refunds shall be authorized by the director for applications that are withdrawn upon written request and proof of payment by the applicant, in accordance with a refund schedule based upon staff time spent on the project. Requests for application fee refunds shall be valid for a period of up to six months from the date of withdrawal.

(e)

Portions of application fees paid to another jurisdiction or agency for services to be rendered in connection with the application shall not be refunded by the city. Nothing contained in this section shall prohibit another jurisdiction or agency from refunding fees directly to the applicant. If fees have been paid out to another jurisdiction or agency, the administrative fee related to coordinating the review of applications by other jurisdictions or agencies is nonrefundable.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15; Ord. No. 1903, § 1(Exh. 1), 8-11-15)

The director shall investigate and prepare a written report on all applications. Copies of the report shall be provided to the approving authority and the applicant at least three calendar days prior to a hearing on the application.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

Sec. 90-42.3. - Hearing and notice procedure required.

(a)

Hearing date. The director in the case of the planning commission, and the city clerk in the case of the city council shall set the time and place of the required public hearings. The hearing body, i.e., the commission, or council may change the time or place of their hearing, or may continue their hearing from time to time.

(b)

Public hearing notice. Notice of public hearings shall contain the time and place of the hearing and the location and proposed use of the subject property.

(c)

Publication. Notice of public hearings shall be published once in a newspaper of general circulation in the city not less than ten days prior to the date of the hearing.

(d)

Mailing. Notice of public hearings shall be mailed not less than ten days prior to the date of the hearing of owners of property within a radius of 500 feet of the exterior boundaries of the subject property. If the director deems the proposal to have a greater effect than the required notification radius, the director may increase the notification radius appropriately.

(e)

Testimony. A summary of all pertinent testimony offered at the public hearing, the names and addresses of the persons testifying, copies of all notices, affidavits of posting and publication, and records of action taken shall be a part of the permanent files of the project.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

Planning commission. The planning commission shall be responsible for the review and approval of conditional use permits.

(b)

Conditions of approval. The planning commission may impose conditions of approval which pertain to the development of the property and the operating conditions of the proposed use. Such conditions shall promote the safe and orderly use of the property and preserve the integrity and character of the surrounding land uses, as appropriate.

(c)

Effective date. The conditional use permit shall become effective ten days following the date of approval by the applicable approving authority, unless otherwise appealed pursuant to section 90-42.6.

(d)

Action of the planning commission shall be final unless appealed in accordance with the procedures of section 90-42.6.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

Upon approval of a conditional use permit, the following findings shall be made by the approving authority:

(1)

That the proposed location of the conditional use is in accord with the objectives of this chapter and the purposes of the zone in which the site is located; and

(2)

That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and

(3)

That the use and operation is consistent with the general plan elements, goals, and policies; and

(4)

That the type, intensity, sensitivity and operating characteristics of the proposed use, and the manner in which they will be located on the site, are compatible with existing land uses, the character of established neighborhoods, or planned development in the vicinity.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

An appeal of a planning commission decision may be made by an interested party to the city council. The appeal shall be filed within ten calendar days of the commission decision by filing a letter of appeal with the director. The director shall schedule the appeal for a hearing before the city council within 30 calendar days. The council may affirm, modify or reverse any planning commission decision, making findings required by this chapter and/or state law. The decision of the city council shall be final.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

An application for a conditional use permit on the same property or substantially the same property following the same request shall not be accepted within one calendar year of the date of denial unless the approving authority waives the resubmittal date at the time of project denial.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

A conditional use permit approval shall expire 24 months after final approval unless construction has commenced and is being carried on diligently to completion, or an application for a time extension is filed

prior to the expiration. If an application for extension is filed prior to the expiration, the approving authority may extend the time limit up to a maximum period of three additional years.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

Modifications or revisions to an approved application shall require the submittal of a conditional use permit modification application and shall conform to all of the submittal requirements and fees in effect at the time of application. Only the approving authority shall approve modifications or revisions to approved applications and only after the hearings required in this chapter. Modifications must be found in substantial conformance to the purpose and intent of the original approval. All copies of the revised conditional use permit including the site plan and conditions of approval shall be dated and signed by the director and made a part of the record.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

Approved conditional use permit applications run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the application provided that the use has not ceased for six months. All conditions of the application shall continue to apply to the new owner, and the change in ownership shall require a new business license and certificate of occupancy to be filed with the city.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

Suspension for violation. Upon violation of any applicable provision of this article, or, if the application was granted subject to conditions, upon failure to comply with conditions, the application shall automatically be suspended. The planning commission shall, within 40 calendar days of the suspension of the conditional use permit, hold a hearing in accordance with the requirements of section 90-42.3 to consider revocation.

(b)

Findings for revocation. A conditional use permit may be revoked if the planning commission finds:

(1)

That the use is detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; or

(2)

That the conditional use permit was obtained by fraud; or

(3)

That the use for which the conditional use permit was granted is not being exercised; or

(4)

That the use for which the conditional use permit was granted has ceased or been suspended for more than six months; or

(5)

That a status of noncompliance exists with regards to any of the conditions of the conditional use permit.

(c)

Revocation. If after the hearing the planning commission is not satisfied that the regulation, general provision or condition for which compliance is required is being met the following actions shall be taken:

(1)

The permit may be revoked and become null and void; or

(2)

The planning commission may take such action as deemed necessary and appropriate to ensure compliance with the regulation, general provision or condition; or

(3)

New requirements and/or conditions may be added.

(d)

Action of the planning commission shall be final within ten calendar days unless appealed in accordance with the procedures of section 90-42.6.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

Purpose. The purpose of an administrative use permit is to provide a shorter review process for a small select list of uses in lieu of a conditional use permit. In those instances where, in the director's opinion, a limited notification is sufficient to meet the purpose of the zone and where the use has been determined to have a limited effect to the surrounding area an administrative use permit may be processed.

(b)

Applicability. An administrative use permit shall be required for any use designated as requiring an administrative use permit in the city's land use matrix for the zone in which the project is located.

(c)

New applications. An application for an administrative use permit shall be filed with the director by the

property owner or an authorized agent on a form(s) prescribed by the director, and shall include information and/or maps which are deemed by the director to be necessary to enable the approving authority to make the required findings. The director shall make available, in writing, a listing of the information and/or maps which are required to be submitted. Concurrent applications may be filed and processed.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

An application fee for an administrative use permit shall accompany the application submittal requirements which are filed with the director. The fee(s) shall cover the costs of processing the applications in accordance with a schedule adopted from time to time by city council resolution.

(b)

Applications which are deemed incomplete and with no activity to complete the application for a period of 12 months from the filing date are considered automatically withdrawn and may be subject to a refund in accordance with this section. Applications which have been withdrawn will require a new application and fee to be submitted in order to process the application.

(c)

Application fee refunds shall be authorized by the director for applications that are withdrawn upon written request and proof of payment by the applicant, in accordance with a refund schedule based upon staff time spent on the project. Requests for application fee refunds shall be valid for a period of up to six months from the date of withdrawal.

(d)

Portions of application fees paid to another jurisdiction or agency for services to be rendered in connection with the application shall not be refunded by the city. Nothing contained in this section shall prohibit another jurisdiction or agency from refunding fees directly to the applicant. If fees have been paid out to another jurisdiction or agency, the administrative fee related to coordinating the review of applications by other jurisdictions or agencies is nonrefundable.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

The director shall investigate and prepare a written report on all applications. Copies of the report shall be provided to the approving authority and the applicant at least three calendar days prior to a hearing on the application.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

Responsible party. The director shall set the time and place of the required administrative hearing. The director or the director's designee may change the time or place of the hearing, or may continue their hearing from time to time.

(b)

Hearing notice. Notice of the administrative hearing by the director shall be provided in writing to the adjacent and across the street property owners and tenants as well as any on-site tenants. The notice shall indicate the time and place of the hearing, a contact person, phone number of the contact person, where a copy of the staff investigation report may be viewed and/or obtained, and the appeal procedure.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

Director. The director shall be responsible for the review and approval of administrative use permits.

(b)

Effective date. The permit shall become effective ten days following the date of approval by the applicable approving authority, unless otherwise appealed pursuant to section 90-43.6.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

Upon approval of an administrative use permit, the following findings shall be made by the approving authority:

(a)

That the proposed location of the administrative use is in accord with the objectives of this chapter and the purposes of the zone in which the site is located; and

(b)

That the proposed location of the administrative use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and

(c)

That the use and operation is consistent with the general plan elements, goals, and policies; and

(d)

That the type, intensity, sensitivity and operating characteristics of the proposed use, and the manner in which they will be located on the site, are compatible with existing land uses, the character of established neighborhoods, or planned development in the vicinity.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

Sec. 90-43.6. - Appeals.

(a)

Appeal of the director's decision. An appeal by an interested party may be made to the planning commission of the director's decision. The appeal shall be filed within ten calendar days of the director's decision by filing a letter of appeal with the director and paying the required appeal fee established by city council resolution. The appeal shall be scheduled for a de novo hearing before the planning commission within 30 calendar days and shall require the same notice as indicated in section 90-43.3. The commission may affirm, modify or reverse the director's decision, making findings required by this chapter and/or state law.

(b)

Appeal of the planning commission's decision. An appeal by an interested party may be made to the city council of a planning commission decision. The appeal shall be filed within ten calendar days of the commission decision by filing a letter of appeal with the director and the required appeal fee established by city council resolution. The appeal shall be scheduled for a de novo public hearing before the city council within 30 calendar days. The council may affirm, modify or reverse the planning commission decision, making findings required by this chapter and/or state law. The decision of the city council shall be final.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

An application for an administrative use permit on the same property or substantially the same property following the same request shall not be accepted within one calendar year of the date of denial unless the approving authority waives the resubmittal date at the time of project denial.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

An administrative use permit approval shall expire 24 months after final approval unless construction has commenced and is being carried on diligently to completion, or an application for a time extension is filed prior to the expiration. If an application for extension is filed prior to the expiration, the approving authority may extend the time limit up to a maximum period of three additional years.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

Modifications or revisions to an approved application shall require re-application and shall conform to all of the submittal requirements and fees in effect at the time of application. Only the approving authority shall approve modifications or revisions to approved applications and only after the required hearings of this chapter. Modifications must be found in substantial conformance to the original approval. All copies of the revised approvals shall be dated and signed by the director and made a part of the record.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

Approved administrative use permit applications run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the application provided that the use has not ceased for six months. All conditions of the application shall continue to apply to the new owner, and the change in ownership shall require a new business license and certificate of occupancy to be filed with the city.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

Suspension for violation. Upon violation of any applicable provision of this article, or, if the application was granted subject to conditions, upon failure to comply with conditions, the application shall automatically be suspended. The director shall, within 40 calendar days of the suspension of the administrative use permit, hold a hearing. The hearing shall be in accordance with the requirements of section 90-43.3 to consider revocation.

(b)

Findings for revocation. An administrative use permit may be revoked if the director finds:

(1)

That the use is detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; or

(2)

That the administrative use permit was obtained by fraud; or

(3)

That the use for which the administrative use permit was granted is not being exercised; or

(4)

That the use for which the administrative use permit was granted has ceased or been suspended for more than six months; or

(5)

That a status of noncompliance exists with regards to any of the conditions of the administrative use permit.

(c)

Revocation. If after the hearing the director is not satisfied that the regulation, general provision or condition for which compliance is required is being met the following actions shall be taken:

(1)

The permit may be revoked and become null and void; or

(2)

The director may take such action as deemed necessary and appropriate to ensure compliance with the regulation, general provision or condition; or

(3)

New requirements and/or conditions may be added.

(d)

Action of the director shall be final within ten calendar days unless appealed in accordance with the procedures of section 90-43.6.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

Purpose. The purpose of a variance is to allow for a reduction in the development standards of the zone in which the property is located in those instances where the strict or literal enforcement of the chapter would result in practical difficulty or unnecessary hardship in consistent with the purposes and objectives of this chapter.

(b)

New applications. An application for a variance shall be filed with the director or the director's designee by the property owner or an authorized agent on a form(s) prescribed by the director, and shall include information and/or maps which are deemed by the director to be necessary to enable the approving authority to make the required findings. The director or the director's designee shall make available, in writing, a listing of the information and/or maps which are required to be submitted. Concurrent applications may be filed and processed.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

An application fee for a variance shall accompany the application submittal requirements which are filed with the director. The fee(s) shall cover the costs of processing the applications in accordance with a schedule adopted from time to time by city council resolution.

(b)

Application fee refunds shall be authorized by the director for applications that are withdrawn upon written request and proof of payment by the applicant, in accordance with a refund schedule based upon staff time spent on the project. Requests for application fee refunds shall be valid for a period of up to six months from the date of withdrawal.

(c)

Portions of application fees paid to another jurisdiction or agency for services to be rendered in connection with the application shall not be refunded by the city. Nothing contained in this section shall prohibit another jurisdiction or agency from refunding fees directly to the applicant. If fees have been paid out to another jurisdiction or agency, the administrative fee related to coordinating the review of applications by other jurisdictions or agencies is nonrefundable.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

The director shall investigate and prepare a written report on all applications. Copies of the report shall be provided to the approving authority and the applicant at least three calendar days prior to a hearing on the application.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

Hearing date. The director in the case of the planning commission, and the city clerk in the case of the city council shall set the time and place of the required public hearings. The hearing body, i.e., the commission, or council may change the time or place of their hearing, or may continue their hearing from time to time.

(b)

Public hearing notice. Notice of public hearings shall contain the time and place of the hearing and the location and proposed use of the subject property.

(c)

Publication. Notice of public hearing shall be published once in a newspaper of general circulation in the city not less than ten days prior to the date of the hearing.

(d)

Mailing. Notice of public hearing shall be mailed not less than ten days prior to the date of the hearing of owners of property within a radius of 300 feet of the exterior boundaries of the subject property. If the director deems the proposal to have a greater effect than the required notification radius, the director may increase the notification radius appropriately.

(e)

Testimony. A summary of all pertinent testimony offered at the public hearing, the names and addresses of the persons testifying, copies of all notices, affidavits of posting and publication, and records of action taken shall be a part of the permanent files of the project.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

Planning commission. The planning commission shall be responsible for the review and approval of variances.

(b)

Effective date. The permit shall become effective ten days following the date of approval by the applicable approving authority, unless otherwise appealed pursuant to section 90-44.6.

(c)

[Commission action final.] Action of the planning commission shall be final unless appealed in accordance with the procedures of section 90-44.6.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

Upon approval of a variance, the following findings shall be made by the approving authority:

(1)

There are unique physical circumstances applicable to the subject land, including size, shape, topography, location or surroundings. If the approving body finds that the physical circumstances are similar to other parcels in the zone, such circumstances are not unique and a variance shall not be granted; and

(2)

The strict application of zoning standards deprives the property of the right to use the land in a manner enjoyed by other conforming property in the vicinity under identical zoning standards; and

(3)

The approval of a variance shall not constitute a grant of special privileges which other conforming properties in the vicinity do not enjoy under identical zoning standards.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

An appeal of a planning commission decision may be made by an interested party to the city council. The appeal shall be filed within ten calendar days of the commission decision by filing a letter of appeal with the director and the required appeal fee established by city council resolution. The director shall schedule the appeal for a de novo public hearing before the city council within 30 calendar days. The council may affirm, modify or reverse the planning commission decision, making findings required by this chapter and/or state law. The decision of the city council shall be final.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

An application for a variance on the same property or substantially the same property following the same request shall not be accepted within one calendar year of the date of denial unless the approving authority waives the resubmittal date at the time of project denial.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

A variance approval shall expire 24 months after final approval unless construction has commenced and is being carried on diligently to completion, or an application for a time extension is filed prior to the expiration. If an application for extension is filed prior to the expiration, the approving authority may extend the time limit up to a maximum period of three additional years.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

Modifications or revisions to an approved application shall require re-application and shall to all of the submittal requirements and fees in effect at the time of application. Only the approving authority shall approve modifications or revisions to approved applications and only after the hearing required in this chapter. All copies of the revised approvals shall be dated and signed by the director and made a part of the record.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

Approved variance applications run with the land and shall continue to be valid upon a change of ownership of the site or structure, which was the subject of the application. All conditions of the application shall continue to apply to the new owner.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

Purpose. The purpose of an administrative adjustment is to allow for a minor variance in property development standards in the following circumstances:

(1)

In those instances where the strict or literal enforcement of the chapter would result in practical difficulty or unnecessary hardship inconsistent with the purposes and objectives of this chapter.

a.

A maximum increase of 20 percent in the allowed height of buildings or structures.

b.

A maximum decrease of 20 percent in the required setbacks for structures or the distance between structures on the same site.

c.

A maximum decrease of ten percent in the required parcel area, parcel depth, or parcel width.

d.

A maximum increase of ten percent in the allowed lot coverage requirement or floor area ratio.

e.

A reduction in the number of required parking spaces and/or of the off-street parking space design, layout, and landscape standards by not more than five percent.

f.

An adjustment of required on-site landscaping and fencing standards, including height, materials, and encroachment into setbacks.

(2)

For approval of a non-residential accessory structure in the agricultural zones pursuant to subsection 90186(e)(2) and in the single-family residential zones pursuant to subsection 90-320(c).

(b)

New applications. An application for an administrative adjustment shall be filed with the director by the property owner or an authorized agent on a form(s) prescribed by the director, and shall include information and/or maps which are deemed by the director to be necessary to enable the approving authority to make the required findings. The director shall make available, in writing, a listing of the information and/or maps which are required to be submitted. Concurrent applications may be filed and processed.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15; Ord. No. 1957, § 1, 6-11-19)

(a)

An application fee for an administrative adjustment shall accompany the application submittal requirements which are filed with the director. The fee(s) shall cover the costs of processing the applications in accordance with a schedule adopted from time to time by city council resolution.

(b)

Applications which are deemed incomplete and with no activity to complete the application for a period of 12 months from the filing date are considered automatically withdrawn and may be subject to a refund in accordance with this section. Applications which have been withdrawn will require a new application and fee to be submitted in order to process the application.

(c)

Application fee refunds shall be authorized by the director for applications that are withdrawn upon written request and proof of payment by the applicant, in accordance with a refund schedule based upon staff time

spent on the project. Requests for application fee refunds shall be valid for a period of up to six months from the date of withdrawal.

(d)

Portions of application fees paid to another jurisdiction or agency for services to be rendered in connection with the application shall not be refunded by the city. Nothing contained in this section shall prohibit another jurisdiction or agency from refunding fees directly to the applicant. If fees have been paid out to another jurisdiction or agency, the administrative fee related to coordinating the review of applications by other jurisdictions or agencies is nonrefundable.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

The director shall investigate and prepare a written report on all applications setting forth the findings for approval or denial required pursuant to section 90-45.4.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

Administrative adjustments. Administrative adjustment determinations by the director are administrative actions and generally will not require notice and a public hearing unless the project may affect the property rights or enjoyment of neighboring properties as determined by the director.

(b)

Review authority. The director shall be responsible for the review and approval of administrative adjustments. However, the planning commission shall review and approve administrative adjustment applications that accompany a development project under consideration by the planning commission.

(c)

Effective date. The administrative adjustment shall become effective ten days following the date of approval by the applicable approving authority, unless appealed pursuant to section 90-45.5.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15; Ord. No. 1971, § 4, 1-12-21)

Upon approval of an administrative adjustment, the following findings shall be made by the approving authority:

(1)

There are unique physical circumstances applicable to the subject land, including size, shape, topography, location or surroundings. If the approving body finds that the physical circumstances are similar to other parcels in the zone, such circumstances are not unique and an administrative adjustment shall not be granted; and

(2)

The strict application of zoning standards deprives the property of the right to use the land in a manner enjoyed by other conforming property in the vicinity under identical zoning standards; and

(3)

The approval of an administrative adjustment does not constitute a grant of special privileges which other conforming properties in the vicinity do not enjoy under identical zoning standards.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

An appeal by an interested party may be made to the planning commission of the director's decision. The appeal shall be filed within ten calendar days of the director's decision by filing a letter of appeal with the director and paying the required appeal fee established by city council resolution. The appeal shall be scheduled for a de novo hearing before the planning commission within 30 calendar days and shall require

the same notice as indicated in section 90-45.3. The commission may affirm, modify or reverse the director's decision, making any findings required by this chapter and/or state law.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

An application for an administrative adjustment on the same property or substantially the same property following the same request shall not be accepted within one calendar year of the date of denial unless the approving authority waives the resubmittal date at the time of project denial.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

An administrative adjustment approval shall expire 24 months after final approval unless construction has commenced and is being carried on diligently to completion.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

Modifications or revisions to an approved application shall require re-application and shall conform to all of the submittal requirements and fees in effect at the time of application. Only the approving authority shall approve modifications or revisions to approved applications and only after the required hearings of this chapter. Modifications must be found in substantial conformance to the original approval. All copies of the revised approvals shall be dated and signed by the director and made a part of the record.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

Sec. 90-45.9. - Applications to run with the land.

Approved administrative adjustment applications run with the land and shall continue to be valid upon a change of ownership of the site or structure, which was the subject of the application.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

In order to assist in the development process and review, the development review committee is established. The development review committee shall be comprised of the police chief, fire chief, building official, city engineer, the public works director, and the community development director or their designees. The community development director or designee shall serve as the chair of the committee and shall be responsible for the agenda and the running of the meeting. The intent of the development review committee is to provide a single point for the initial city staff review and comment on proposed projects to better coordinate the application or project review process.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

The director shall, in consultation with the committee, set the time and place for regularly scheduled meetings of the committee. The schedule and committee agenda shall be posted in the planning division and on the city bulletin board. The schedule and agenda shall indicate agenda items, the time and place of the committee meetings, and a contact person for each application.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

Preliminary review. Pre-application review shall be as provided in section 90-49.

(b)

Developer assistance. If in the process of building plan check for the development of a structure and/or use allowed by chapter 90 herein, a conflict with the plans arises, the applicant may seek to resolve the conflict through the preliminary review process established in section 90-49.

(c)

Planning application review. Prior to consideration by the approving body on an application for development required by chapter 90, the committee may review specified planning applications including zoning ordinance amendments, zone map changes, specific plans, planned unit developments, tentative tract maps, tentative parcel maps, community plans, conditional use permits, administrative use permits, site development review, downtown project review, use conversions, variances, and administrative adjustments, unless otherwise determined by the director that the scope of the project does not require development review committee review. The review shall consist of a review of the applications and plans for

compliance with the Hemet Municipal Code, the California Fire Code, the California Building Code, the City of Hemet General Plan, the City of Hemet standard plans and specifications for public works construction, applicable design guidelines, and other applicable local, state and federal plans and laws.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

Distribution. At least 14 days prior to the scheduled development review committee meeting the director shall distribute an agenda of the meeting indicating those items that are subject to the review of the committee, including any maps, plans and/or reports regarding the agenda items.

(b)

Comments and conditions. Each member of the committee shall prepare written comments and/or conditions for discussion with the applicant at the scheduled development review committee meeting, and shall transmit copies of the comments to the case planner prior to or at the time of the development review committee meeting.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

Editor's note— Ord. No. 1926, § 3, adopted April 25, 2017, repealed § 90-47, which pertained to downtown project review applications and derived from Ord. No. 1900, § 4(Exh. 1), adopted April 14, 2015.

Secs. 90-47.1—90-47.9. - Reserved.

Editor's note— Ord. No. 1949, § 3(Exh. A, 3), adopted September 25, 2018, repealed §§ 90-47.1—9047.9, which pertained to downtown project review and derived from Ord. No. 1900, adopted April 14, 2015.

(a)

Purpose. The purpose of a site development review application is to ensure compliance with the development standards of this chapter, building, fire, and housing codes, applicable design guidelines and standards, specific plan requirements, and general plan policies prior to the issuance of building permits. It is further the intent of the city by this section to provide for the orderly administration of the various regulations of the city, and to minimize future problems therewith, by requiring the review and approval of development proposals by means of a site development review approval process.

(b)

Applicability. A site development review application shall be required for all new and revised development projects as provided in this section.

(1)

Major site development review. A major site development review application is required for projects consisting of:

a.

The site design and architecture of single family residential projects containing five or more parcels;

b.

Multifamily residential projects of two or more units that do not comply with article XIV (multifamily residential and mixed-use objective development and design standards), sections 90-421 through 90-432, as determined by the director or director's designee;

c.

Mixed-use development project with a residential component occupying two-thirds or greater of the overall gross floor area that do not comply with article XIV (multifamily residential and mixed-use objective development and design standards), sections 90-421 through 90-432, as determined by the director or director's designee;

d.

Institutional, public facility, or community facilities including recreation facilities and outdoor venues;

e.

Other uses for which major site development review is required by an adopted specific plan or the Hemet Municipal Code.

(2)

Minor site development review. A minor site development review application is required for projects consisting of:

a.

Single-family residential projects containing two to four parcels;

b.

Multifamily residential projects of two or more units that comply with article XIV (multifamily residential and mixed-use objective development and design standards), sections 90-421 through 90-432, as determined by the director or director's designee;

c.

Mixed-use development project with a residential component occupying two-thirds or greater of the overall gross floor area that comply with article XIV (multifamily residential and mixed-use objective development and design standards), sections 90-421 through 90-432, as determined by the director or director's designee;

d.

Commercial center upgrades or façade enhancements involving 40 percent or more of the center or facade;

e.

Churches and religious institutions in the S-1 zone or otherwise not requiring a conditional use permit;

f.

Other uses for which minor site development review is required by an adopted specific plan or the Hemet Municipal Code.

(3)

Minor site development review applications, except for multifamily residential development projects and mixed-use development projects with a residential component occupying two-thirds or greater of the overall gross floor area that comply with article XIV (multifamily residential and mixed-use objective development and design standards), sections 90-421 through 90-432, may be remanded for planning commission review and approval if determined by the director to have the potential to cause special community impacts or other unique or unusual effects.

(4)

In the event that a conditional use permit is required in addition to the site development review, only the conditional use permit application need be submitted, provided that the application materials and findings also address the requirements of this section.

(5)

If site development review is not required pursuant to this section, projects may proceed to plan check or permit, as applicable. The director may also determine that based upon the scope and circumstances of a particular project a site development review application is not required.

(c)

New applications. An application for site development review shall be filed with the director or the director's designee by the property owner or an authorized agent on a form(s) prescribed by the director, and shall include information and/or maps which are deemed by the director to be necessary to enable the approving authority to make the required findings. The director or the director's designee shall make available, in writing, a listing of the information and/or maps, which are required to be submitted. Concurrent applications may be filed and processed.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15; Ord. No. 1987, § 2, 12-14-21)

(a)

Major site development review applications. The planning commission shall be responsible for the review and approval of major site development review applications.

(b)

Minor site development review applications. The director shall be responsible for the review and approval of minor site development review applications.

(c)

Effective date. The permit shall become effective ten days following the date of approval by the applicable approving authority, unless otherwise appealed pursuant to section 90-48.6.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

An application fee for site development review shall accompany the application submittal requirements, which are filed with the director. The fee(s) shall cover the costs of processing the applications in accordance with a schedule adopted from time to time by city council resolution.

(b)

Applications which are deemed incomplete and with no activity to complete the application for a period of 12 months from the filing date are considered automatically withdrawn and may be subject to a refund in accordance with this section. Applications which have been withdrawn will require a new application and fee to be submitted in order to process the application.

(c)

Application fee refunds shall be authorized by the director for applications that are withdrawn upon written request and proof of payment by the applicant, in accordance with a refund schedule based upon staff time spent of the project. Requests for application fee refunds shall be valid for a period of up to six months from the date of withdrawal.

(d)

Portions of application fees paid to another jurisdiction or agency for services to be rendered in connection with the application shall not be refunded by the city. Nothing contained in this section shall prohibit another jurisdiction or agency from refunding fees directly to the applicant. If fees have been paid out to another jurisdiction or agency, the administrative fee related to coordinating the review of applications by other jurisdictions or agencies is nonrefundable.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

The director shall investigate and prepare a written report on all applications. Copies of the report shall be provided to the approving authority and the applicant at least three calendar days prior to a hearing on the application.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

Major site development review applications.

(1)

Hearing date. The director in the case of the planning commission, and the city clerk in the case of the city council shall set the time and place of the required public hearings. The hearing body, i.e., the commission, or council may change the time or place of their hearing, or may continue their hearing from time to time.

(2)

Public hearing notice. Notice of public hearings shall contain the time and place of the hearing and the location and proposed use of the subject property.

(3)

Publication. Notice of public hearing shall be published once in a newspaper of general circulation in the city not less than ten days prior to the date of the hearing.

(4)

Mailing. Notice of public hearing shall be mailed not less than ten days prior to the date of the hearing of owners of property within a radius of 500 feet of the exterior boundaries of the subject property. If the director deems the proposal to have a greater effect than the required notification radius, the director may increase the notification radius appropriately.

(5)

Testimony. A summary of all pertinent testimony offered at the public hearing, the names and addresses of the persons testifying, copies of all notices, affidavits of posting and publication, and records of action taken shall be a part of the permanent files of the project.

(b)

Minor site development review application.

(1)

The director shall set the time and place of the required administrative hearing. The director or the director's designee may change the time or place of the hearing, or may continue their hearing from time to time.

(2)

Notice of the administrative hearing by the director shall be provided in writing to the adjacent and across the street property owners and tenants as well as any onsite tenants. The notice shall indicate the time and place of the hearing, a contact person, phone number of the contact person, where a copy of the staff investigation report may be viewed and/or obtained, and the appeal procedure.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

Upon approval of a site development review application, the approving authority shall make the following findings:

(a)

The project complies with the all provisions of this chapter, and all other relevant city regulations, policies and guidelines including applicable design guidelines, specific plan requirements, and general plan policies;

(b)

The project complies with the California Environmental Quality Act and all applicable requirements and procedures of the act have been followed;

(c)

The design, scale, height, and layout of the project is appropriate for the site, will not unreasonably interfere with the use and enjoyment of neighboring existing or future developments, will not create traffic or pedestrian hazards and will not otherwise have a negative impact on the aesthetics, health, safety or welfare of neighboring uses;

(d)

The architectural design of the project is compatible with the character of the surrounding neighborhood and will enhance the visual character of the neighborhood through good aesthetic use of materials, texture and color;

(e)

The project applies applicable energy, water, and open space conservation practices to project design as outlined in the general plan and any relevant specific plan to help manage and conserve natural resources for the benefit of current and future residents.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

Appeal of the director's decision. An appeal by an interested party may be made to the planning commission of the director's decision. The appeal shall be filed within ten calendar days of the director's decision by filing a letter of appeal with the director and paying the required appeal fee established by city council resolution. The commission may affirm, modify or reverse the director's decision, making findings required by this chapter and/or state law.

(b)

Appeal of the planning commission's decision. An appeal by an interested party may be made to the city council of a planning commission decision. The appeal shall be filed within ten calendar days of the commission decision by filing a letter of appeal with the director and the required appeal fee established by city council resolution. The council may affirm, modify or reverse the planning commission decision, making findings required by this chapter and/or state law. The decision of the city council shall be final.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

An application for site development review on the same property or substantially the same property following the same request shall not be accepted within one calendar year of the date of denial unless the approving authority waives the resubmittal date at the time of project denial.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

Site development review approval shall expire 24 months after final approval unless construction has commenced and is being carried on diligently to completion, or an application for a time extension is filed prior to the expiration. If an application for extension is filed prior to the expiration, the approving authority may extend the time limit up to a maximum period of three additional years.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

Modifications or revisions to an approved site development review application shall require submittal of a request to the director. The director shall have the authority to permit minor modifications to an approved minor site development review application. For the purposes of this section, a minor modification means where there is less than 20 percent change to the site plan, floor area, architecture, or façade of the original approval. The planning commission shall review all other modifications or revisions in accordance with the required review procedures in this chapter. Modifications must be found in substantial conformance to the original approval. All copies of the revised site development review permit, including the site plan and conditions of approval, shall be dated and signed by the director and made a part of the record.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

Suspension for violation. Upon violation of any applicable provision of this article, or, if the application was granted subject to conditions, upon failure to comply with conditions, the application shall automatically be suspended. The approving authority shall, within 40 calendar days of the suspension of the conditional use permit, hold a hearing in accordance with the requirements of section 90-48.3 to consider revocation.

(b)

Findings for revocation. A site development review permit may be revoked if the planning commission finds:

(1)

That the site development review permit was obtained by fraud; or

(2)

That the use for which the site development review permit was granted is not being exercised; or

(3)

That the use for which the site development review permit was granted has ceased or been suspended for more than six months; or

(4)

That a status of noncompliance exists with regards to any of the conditions of the site development review permit.

(c)

Revocation. If after the hearing the approving authority is not satisfied that the regulation, general provision or condition for which compliance is required is being met, the following actions shall be taken:

(1)

The permit may be revoked and become null and void; or

(2)

The approving authority may take such action as deemed necessary and appropriate to ensure compliance with the regulation, general provision or condition; or

(3)

New requirements and/or conditions may be added.

(d)

Action of the approving authority shall be final within ten calendar days unless appealed in accordance with the procedures of section 90-48.6.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

Purpose. The purpose of the pre-application review application is to reduce the time and expense of the development review process by providing to the applicant an informative assessment early in the process to assist in the efficient and coordinated processing of projects consistent with city standards and requirements, prior to the applicant's preparation of a formal submittal. It is further the intent of the city by this section to maintain and encourage high standards of development in the interest of public health, safety, economic development, and general welfare of the city.

(b)

Applicability. A pre-application review application shall be required for all new and revised projects as provided in this section:

(1)

Annexations.

(2)

General plan amendments.

(3)

Specific plans.

(4)

Residential projects of five or more parcels.

(5)

Multiple-family residential projects.

(6)

Commercial, industrial, and institutional projects with over 5,000 square feet of building area.

(7)

Conditional use permits (excluding streamlined review applications).

(8)

Tentative tract maps and tentative parcel maps.

(9)

Large scale special events that are outdoors, open to the public, and on property that is not typically allowed or permitted as an ongoing use of the site.

(c)

New applications. An application for pre-application review shall be filed with the director or the director's designee by the property owner or an authorized agent on a form(s) prescribed by the director. The director or the director's designee shall make available, in writing, a listing of the information and/or maps, which are required to be submitted.

(d)

The director shall have the authority to waive or require pre-application review for limited projects, as applicable based on the circumstances and scope of the project.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

An application fee for pre-application review shall accompany the application submittal requirements, which are filed with the director. The fee(s) shall cover the costs of processing the applications in accordance with a schedule based on staff time spent on the project.

(b)

Applications which have been withdrawn will require a new application and fee to be submitted in order to process the application.

(c)

Application fee refunds shall be authorized by the director for applications that are withdrawn upon written request and proof of payment by the applicant, in accordance with a refund schedule based upon staff time spent on the project. Requests for application fee refunds shall be valid for a period of up to six months from the date of withdrawal.

(d)

Nonprofit organizations with a 501(c)(3) tax exemption are exempt from pre-application review application fee requirements for large scale special events.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

Within 14 days from receipt of a pre-application review application, the director will schedule when the development review committee meeting will be held to discuss the proposed project with the applicant. The development review committee shall provide an initial review of the proposed development plans for compliance with the Hemet Municipal Code, the applications required, the Hemet General Plan and applicable design guidelines and standards as well as what technical studies or materials will be required to be filed with the formal application.

(b)

Within 20 working days after the development review committee meeting reviewing the proposed project, the director shall prepare and send to the applicant a letter summarizing the preliminary comments and recommendations of the development review committee.

(c)

Pre-application review shall not be considered a final review or substitute for the application submittal process. It is solely intended to provide the necessary information to enable an applicant to make an informed decision about whether or how to proceed with a development project in the city.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

A new pre-application review application shall be required if project applications associated with the preapplication review have not been submitted within 24 months of the last development review committee meeting or the project has substantially changed.

(b)

The director may extend the expiration date of a pre-application review application for an additional six months if written request for the extension is filed prior to the date of expiration.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

Secs. 90-50—90-54. - Reserved.