Sec. 44-827. - Accessory dwelling unit ineligibility.

Parcels containing both a single family residential duplex as that term is defined in chapter 44, section 4410 and an urban lot split as that term is defined in chapter 44, section 44-10 shall be ineligible for an accessory dwelling unit or junior accessory dwelling unit permit under chapter 44, section 44-111. Operation of an accessory dwelling unit or junior accessory dwelling unit in violation of this section shall be a violation of this chapter and grounds for enforcement.

(Ord. No. 2022-01, § 19, 5-3-2022)

Sec. 44-828. - Enforcement and remedies.

(a)

Criminal fines and penalties. Any person responsible for violating any provision of this chapter is guilty of an infraction or a misdemeanor at the discretion of the City Attorney.

(b)

Administrative fines and penalties. Whenever an officer charged with the enforcement of any provision of this Code determines that a violation of this chapter has occurred, the officer shall have the authority to issue an administrative citation to any person responsible for the violation in accordance with chapter 2 of this Code.

(c)

Public nuisance and lien on property. Any use or condition caused, or permitted to exist, in violation of any provision of this chapter shall be, and is hereby declared to be, a public nuisance and may be summarily

abated by the City pursuant to Code of Civil Procedure § 731 or any other remedy available at law. In accordance with chapter 26 of this Code, the City may also collect any fee, cost, or charge incurred in the abatement of such nuisance by making the amount of any unpaid fee, cost or charge a lien against the property that is the subject of the enforcement activity.

(d)

Civil action. In addition to any other enforcement permitted by this Code, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person who violates any provision of this chapter. In any civil action that is brought pursuant to this Code, a court of competent jurisdiction may award civil penalties and costs to the prevailing party.

(e)

Single family residential duplex permit revocation. Any violation of this Code may result in revocation of a single family residential duplex permit.

Use of any one or more of these remedies shall be at the sole discretion of the City and nothing in this section shall prevent the City from initiating civil, criminal or other legal or equitable proceedings as an alternative to any of the proceedings set forth above.

(Ord. No. 2022-01, § 19, 5-3-2022)

Secs. 44-829—44-847. - Reserved. DIVISION 5. - CONDITIONAL USE PERMITS AND AMENDMENTS

Sec. 44-848. - Purpose.

The purpose of this division is to provide a process for reviewing conditional use permit applications and amendments to existing permits, which are intended to allow the establishment of uses that are deemed to have special impact, uniqueness, or affect on the properties or neighborhood surrounding the subject site. The permit application process allows for the review of the location and potential impacts on the surrounding properties and community in order to ensure that the uses in each zoning district maintain the integrity of that district.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-849. - Authority.

The approval authority designated in Section 44-485, Table IV-1 may grant approval of conditional use permits and amendments to conditional use permits.

(a)

Conditional use permit, minor.

(1)

Application for minor conditional use permits are limited to the following requests:

a.

Alternatives to parking and loading standards.

b.

Beer, wine, and liquor licenses.

c.

Live entertainment uses.

d.

Modifications to certain development standards as may be specified by this Code.

e.

Other modifications which, in the determination of the Community Development Director, have a moderate potential for adverse impacts to the subject site and the surrounding community.

(2)

Decisions on minor conditional use permit applications shall be made administratively by the Community Development Director. The director shall include a determination of findings and appropriate conditions in the decision. The basis for approval, conditional approval, or denial of a minor conditional use permit shall be as specified in Section 44-788.

(3)

Subject to a determination by the Community Development Director, a minor conditional use permit may be placed on the City Council agenda for review.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2024-04, § 4, 12-10-2024)

Sec. 44-850. - Application.

Applications for conditional use permits and amendments to conditional use permits shall be filed in compliance with Division 1 of this article.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-851. - Findings.

Following a review of the application and a public hearing in compliance with Article IV, Division 2, the approval authority shall act to approve, approve with conditions, or disapprove the conditional use permit or amendment. The approval authority may approve a conditional use permit only if all of the following findings of fact can be made:

(1)

The proposed use is conditionally allowed within the subject zoning district, would not impair the integrity and character of the district, and complies with all applicable provisions of this chapter.

(2)

The proposed use is consistent with the goals, policies, general land uses, and programs of the general plan, and any applicable specific plan and is in compliance with all City, State, and federal laws and regulations.

(3)

The approval of the conditional use permit, or amendment, for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code § 21000 et seq.).

(4)

The site is suitable for the type and intensity of use or development that is proposed.

(5)

The proposed project will have no adverse effect on abutting or adjacent properties and is compatible with those properties.

(6)

The proposed use will not be adverse to the public health, safety, or general welfare.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-852. - Conditions.

In approving a conditional use permit or amendment, the approval authority may impose specific conditions concerning location, development, and operation relating to both on-site and off-site improvements (e.g., dedications, easements, public improvements, etc.), as it finds are reasonable and necessary to ensure that the use and development of the property conform with the site plan, architectural drawings, and statements submitted in support of the application. The approval authority may also make modifications to the proposed project that are deemed necessary to protect the public convenience, health, safety, and general welfare. In addition, conditions shall be imposed to ensure compliance with the objectives of the general plan, any applicable specific plans, this chapter, and the findings required by Section 44-851.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-853. - Revocation and modification.

A conditional use permit may be revoked or modified in compliance with Article IV, Division 5.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-854. - Change in ownership.

A conditional use permit that is valid and in effect shall run with the land and continue to be valid upon a change of ownership of the land or any lawfully existing structure on the land.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-855. - Expiration of conditional use permit.

A conditional use permit is subject to the expiration provisions in Article IV, Division 4.

(Ord. No. 2015-01, § 3, 5-5-2015)

Secs. 44-856—44-873. - Reserved. DIVISION 6. - SIGN PERMITS[[9]]

Footnotes:

--- ( 9 ) ---

Editor's note— Ord. No. 2021-03, § 5, adopted December 7, 2021, repealed div. 6, §§ 44-874—44-878, and enacted a new div. 6 as set out herein and later amended. Former div. 6 pertained to similar subject matter and derived from Ord. No. 2015-01, adopted May 5, 2015.

Sec. 44-874. - Purpose.

The purpose of this division is to provide a process for the review and approval of signs.

(Ord. No. 2021-03, § 5, 12-7-2021)

Sec. 44-875. - Authority.

The approval authority designated in section 44-487, table IV-3, the sign review authority, may grant approval of sign permits.

(Ord. No. 2021-03, § 5, 12-7-2021)

Sec. 44-876. - Applications for sign permits.

Applications for sign permits shall be filed in compliance with division 1 of this article. In addition, the sign permit application shall include three copies of:

(1)

A site plan;

(2)

Appropriate building elevations indicating the street frontage;

(3)

Dimensions of the building;

(4)

Photographs of the building and any freestanding signs; and

(5)

Sign plans drawn to scale indicating the following:

a.

Overall sign dimensions.

b.

Sign location.

c.

Letter colors.

d.

Background colors.

e.

Trim cap color.

f.

Letter styles.

g.

Method of illumination.

h.

Method of attachment

i.

Typical cross section.

j.

Timer or on/off switch.

(6)

Property management or property ownership approval.

(Ord. No. 2021-03, § 5, 12-7-2021)

Sec. 44-877. - Applications for temporary sign permits.

Applications for temporary sign permits on non-residential property, such as commercial or industrial property, shall be filed in compliance with division 1 of this article. In addition, the temporary sign permit application shall include three copies of:

(1)

Contact information of the applicant, property owner and main contact for the sign(s).

(2)

A site plan with address and legal description such as assessor's parcel number.

(3)

Sign plans drawn to scale indicating the following:

a.

Overall sign dimensions.

b.

Sign location.

c.

Method of attachment.

d.

Sign height dimension above grade.

e.

Sign compliance with traffic safety triangle.

(4)

Proposed display dates and number of signs.

(5)

Purpose of the sign(s).

(6)

Property management or property ownership approval.

(Ord. No. 2021-03, § 5, 12-7-2021)

Secs. 44-879—44-904. - Reserved. DIVISION 7. - MASTER SIGN PLANS

Sec. 44-905. - Purpose.

The purpose of this division is to provide a process for the review and approval of master sign plans.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-906. - Authority.

The approval authority designated in Section 44-487, Table IV-3 may grant approval of master sign plans.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-907. - Applications for master sign plans.

(a)

Applications for master sign plans shall be filed in compliance with Division 1 of this article. All tenants included in a master sign plan shall obtain a sign permit in accordance with Division 6 of this article and comply with the approved master sign plan. The master sign permit application shall include provisions for the following:

(1)

Applicable signs.

(2)

Prohibited signs.

(3)

Permitted locations for all tenant signs.

(b)

The following standards shall be included in master sign plans:

(1)

Letter colors.

(2)

Background colors.

(3)

Trim cap color.

(4)

Letter styles.

(5)

Overall permitted sign area and dimensions.

(6)

Method of illumination.

(7)

Method of attachment.

(8)

Typical cross-section.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-908. - Findings for a master sign plan.

In approving a master sign plan, the review authority shall find that the plan's contribution to the design quality of the site and the surrounding area will be superior to the quality that would result under the regulations of this Code. In order to approve a master sign plan, the following findings shall be made:

(1)

The master sign plan complies with the purpose of this Code, including any design guidelines.

(2)

Proposed signs enhance the overall development and are in harmony with other signs included in the plan with the structures they identify and with surrounding development.

(3)

The master sign plan contains provisions to accommodate future revisions that may be required because of changes in use or tenants.

(4)

The master sign plan complies with the standards of this Code, except that flexibility is allowed with regard to sign area, number, location, and/or height to the extent that the master sign plan will enhance the overall development, achieve superior quality design, and more fully accomplish the purposes of this Code.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-909. - Revisions to master sign plans.

Revisions to master sign plans may be approved by the Community Development Department if the intent of the original approval is not affected. Revisions that would substantially deviate from the original approval shall require the approval of a new master sign plan by the review authority.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2021-03, § 7, 12-7-2021)

Secs. 44-910—44-936. - Reserved. DIVISION 8. - SPECIAL PERMITS