Lodi Municipal Code Ch. 17.40 Permit Approval or Disapproval

A. Permit Review Procedures. This chapter provides procedures for the final review, and approval or disapproval of the land use permit applications established by this development code.

B. Subdivision Review Procedures. Procedures and standards for the review and approval of subdivision maps are found in Article 5 (Subdivisions).

C. Application Filing and Initial Processing. Where applicable, the procedures of this chapter are carried out after those described in Chapter 17.38 (Application Filing and Processing), for each application.

(Ord. No. 1869, § 2, 2-20-2013)

A. Purpose. This section establishes procedures for the city's review of the design aspects of proposed development (for example, building design, landscaping, site planning and development, and signs). These procedures are not intended to restrict imagination, innovation, or variety in design, but rather to focus on design issues and solutions that will have the greatest effect on community character and aesthetics, to encourage imaginative solutions and high-quality urban design. The purposes of this section are, therefore, to:

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

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

3. Better protect the increasing values, standards, and importance of land and development in the community;

4. Retain and strengthen the visual quality of the community;

5. Assist project developers in understanding the public's concerns for the aesthetics of development; and

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

B. Applicability. Table 4-2 identifies when site plan and architectural approval is required, and the responsible review authority.

TABLE 4-2 Applicability of Site Plan and Architectural Approval

Notes:

(1) Only where the same basic design will be used more than once in the same subdivision.

(2) Landscaping plans may be required.

(3) Site plan and architectural approval shall be required for new structures and addition or reconstruction projects that are equal to fifty percent or greater of the floor area of the existing structures on the site and where the cumulative square footage of a development project exceeds ten thousand square feet, even though individual structures may be less than ten thousand square feet.

(4) Site plan and architectural approval shall be required for new multi-family projects on vacant parcels and new construction, additions or reconstruction projects that are equal to fifty percent or greater of the floor area of the existing structures on a developed site.

C. Timing of Site Plan and Architectural Approval. When required, site plan and architectural approval shall be granted before the issuance of the building permit or the establishment of a temporary open lot use.

D. Site Plan and Architectural Approval process. The site plan and architectural approval process shall be conducted as follows:

1. Application preparation, filing, initial processing. An application for site plan and architectural approval shall be prepared, filed and processed in compliance with Chapter 17.38 (Application Filing and Processing).

2. Application Contents. The application shall be made on forms furnished by the department, and shall be accompanied by the information identified in the department handout for site plan and architectural approval applications. It is the responsibility of the applicant to establish evidence in support of the findings required by subsection E (Findings and Decision), below.

3. Evaluation of Proposal. The review authority shall consider the design, location, site layout, and the overall effect of the proposed project upon surrounding properties and the city in general. The review shall compare the proposed project to applicable development standards, design guidelines, and other city regulations.

4. Site Plan and Architectural Approval by the Director. Decisions of the director on site plan and architectural approval applications shall comply with subsection E; conditions of approval may be imposed in compliance with subsection F.

a. Meeting. A meeting shall not be required unless requested in writing by an interested party before the director's action.

b. Director's Action. Specified applications for site plan and architectural approval, as identified in Table 4-2 (Applicability of Site Plan And Architectural Approval), above may be approved or disapproved by the director.

c. Referral to SPARC. The director may defer action on a site plan and architectural approval application and instead refer the matter to the SPARC for review and decision.

5. Site Plan and Architectural Approval by the SPARC.

a. SPARC's Decision. Decisions of the SPARC on site plan and architectural approval applications shall comply with subsection E and conditions of approval may be imposed in compliance with subsection F, below.

b. Notice and Meeting. Notice of the SPARC meeting shall be given in compliance with Chapter 17.74 (Public Hearings).

c. Site Plan and Architectural Approval. An application for site plan and architectural approval shall be considered by the SPARC following approval of the project's land use entitlement by the applicable review authority.

E. Findings and Decision. The applicable review authority may approve a site plan and architectural approval application only after first finding that:

1. The design and layout of the proposed project would:

a. Be consistent with the development and design standards/guidelines of the applicable zoning district;

b. Not interfere with the use and enjoyment of neighboring existing or future developments, and not create traffic or pedestrian hazards;

c. Maintain and enhance the attractive, harmonious, and orderly development contemplated by this development code; and

d. Provide a desirable environment for its occupants, neighbors, and visiting public through good aesthetic use of durable materials, texture, and color.

2. The proposed development:

a. Would not be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity; and

b. Has been reviewed in compliance with the California Environmental Quality Act (CEQA) and the Lodi Environmental Review Guidelines.

F. Conditions of Approval. In granting site plan and architectural approval, the review authority shall impose conditions as necessary to ensure compatibility with surrounding uses, and to preserve the public health, safety, and welfare. The conditions may include requirements regarding buffers, colors and materials, landscaping and maintenance, lighting, off-site improvements, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, etc., deemed reasonable and necessary to ensure that the approval will comply with the findings required by subsection E (Findings and Decision), above.

G. Post Approval Procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 6 (Development Code Administration), and those identified in Chapter 17.42 (Permit Implementation, Time Limits, and Extensions), shall apply following the decision on a site plan and architectural approval application.

(Ord. No. 1869, § 2, 2-20-2013; Ord. 1920, § 1, 6-1-2016)

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

B. Applicability. Temporary land uses shall not be established, operated, or conducted in any manner without the approval and maintenance of a valid temporary use permit in compliance with this section. The following two categories of temporary uses identify the level of permit required, if any, based on the proposed duration, size, and type of use:

1. Exempt temporary uses are identified in subsection C (Exempt Temporary Uses), below; or

2. Temporary Use Permits are identified in subsection D (Allowed Temporary Activities), below.

C. Exempt Temporary Uses. The following minor and limited duration temporary uses are exempt from the requirement for a temporary use permit. Uses that do not fall within the categories defined below shall comply with subsection D (Allowed Temporary Activities), below.

1. Car Washes for Fund Raising. Car washes, limited to a maximum of two days each month for each sponsoring organization, on non-residential properties. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Revenue and Taxation Code.

2. Construction Yards—On-site. On-site contractors' construction yards, in conjunction with an approved construction project on the same site. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion building permit authorizing the construction project, whichever first occurs.

3. Emergency Facilities. Emergency public health and safety needs/land use activities.

4. Garage Sales. Garage sales are exempt from the requirement for a temporary use permit provided that sales occur no more often than two times per year per residence, for a maximum of three consecutive days each, or one time per year, for a maximum of six consecutive days each.

D. Allowed Temporary Activities. The following temporary uses may be allowed, subject to the issuance of a temporary use permit by the director. Uses that do not fall within the categories defined below shall comply with the use and development regulations and land use permit review provisions that otherwise apply to the property.

1. Construction Yards—Off-site. Off-site contractors' construction yards, in conjunction with an approved construction project. The permit shall expire and the construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion building permit authorizing the construction project, whichever first occurs. (See also subsection D.11., below, regarding temporary work trailers.)

2. Events. Outdoor events on private property including the following:

a. Amusement rides, arts and crafts exhibits, auctions, carnivals, circuses, concerts, fairs, farmer's markets, festivals, flea markets, food events, outdoor entertainment/sporting events, rodeos, rummage sales, second hand sales, swap meets, and tent revivals for ten consecutive days or less, or six two-day weekends, within a twelve-month period.

b. Outdoor meetings, group activities, or sales within parking areas, for seven consecutive days or less, within a one hundred eighty-day period.

3. Outdoor Displays/Sales. The temporary outdoor display/sales of merchandise (e.g., parking lot and sidewalk sales), in compliance with Section 17.36.080 (Outdoor Display and Retail Activities) shall be allowed only if the merchandise displayed is regularly sold on the same site. These activities shall be located immediately adjacent to the structure, and their duration shall not exceed three consecutive days within a ninety-day period. Any sales activity proposed within a public right-of-way shall require an encroachment permit.

4. Outdoor Sales of Flowers and Produce. The temporary outdoor sales of items (e.g., flowers, fruits, grapes, vegetables, etc.) grown on the subject property, in compliance with Section 17.36.080 (Outdoor Display and Retail Activities) which shall be allowed only if the property is engaged in agricultural production for the duration of the temporary use. The maximum duration shall not exceed one hundred eighty consecutive days, within a one-year period.

5. Residence. A mobile home as a temporary residence of the property owner when a valid building permit for a new single-family dwelling is in force, or for temporary caretaker quarters during the construction of a subdivision, multi-family, or non-residential project. The permit may be approved for a specified duration, or upon expiration of the building permit, whichever first occurs.

6. Seasonal Sales Lots. Seasonal sales activities (for example, pumpkins, Christmas trees, etc.) including temporary residence/security trailers, on non-residential properties, for forty-five days or less for each seasonal product, within a twelve-month period.

7. Temporary Model Homes. Temporary model homes and related facilities may be established within the area of an approved residential subdivision project, solely for the first sale of homes.

8. Temporary Real Estate Sales Offices. A temporary real estate sales office may be established within the area of an approved development project, solely for the first sale of homes.

9. Temporary Structures. A temporary classroom, office, or similar portable structure, including a manufactured or mobile unit, may be approved, for a maximum time period of twenty-four months, as an accessory use or as the first phase of a development project, in the commercial and industrial zoning districts.

10. Temporary Work Trailers.

a. A trailer or mobile home may be used as a temporary work site for employees of a business:

i. During construction of a subdivision or other development project when a valid building permit is in force; or

ii. Upon demonstration by the applicant that the temporary work site is a short-term necessity, while a permanent work site is being obtained.

b. A permit for temporary work trailers may be granted for up to twenty-four months.

11. Temporary Outdoor Sales. Temporary outdoor sales events (e.g., car sales) may be allowed only when directly related to an approved "point of sale" within the city that will ensure that the city receives its appropriate sales tax.

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

E. Application Filing, Processing, and Review. An application for a temporary use permit shall be filed with the department and processed in the following manner:

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

2. Time for Filing. An application for a temporary use permit shall be submitted for approval at least ten days before the date that the proposed use is scheduled to take place.

3. Public Hearing Not Required. A public hearing shall not be required for a decision on a temporary use permit.

F. Standards. Standards for floor areas, heights, landscaping, parking, setbacks, and other structure and property development standards that apply to the category of use or the zoning district of the subject site shall be used as a guide for determining the appropriate development standards for temporary uses.

1. Adjustment of Standards. The director may authorize an adjustment from the specific standards deemed necessary or appropriate consistent with the temporary nature of the use.

2. Removal of Materials and Structures Associated with the Temporary Use. All materials and structures associated with the temporary use shall be removed within ten days from the actual termination of operations, or after the expiration of the temporary use permit, whichever first occurs.

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

G. Findings and Decision.

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

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

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

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

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

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

d. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA).

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

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

J. Post Approval Procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 6 (Development Code Administration), and those identified in Chapter 17.42 (Permit Implementation, Time Limits, and Extensions), shall apply following the decision on a temporary use permit application.

(Ord. No. 1869, § 2, 2-20-2013)

A. Purpose. A use permit or minor use permit provides a process for reviewing uses and activities that may be appropriate in the applicable zoning district, but whose effects on a site and surroundings cannot be determined before being proposed for a specific site. The procedures of this section provide for the review of the configuration, design, location, and potential impacts of the proposed use, to evaluate the compatibility of the proposed use with surrounding uses and the suitability of the use to the site.

B. Applicability.

1. A use permit or minor use permit is required to authorize proposed land uses and activities identified by Article 2 (Land Use and Development Standards) as being allowable in the applicable zoning district subject to the approval of a use permit or minor use permit; and

2. A use permit is required to allow the extension of a use for not more than fifty feet into a more restricted zoning district where the boundary line divides a "parcel of record" as defined in Article 7 (Definitions).

C. Review Authority.

1. Use Permits. Use permits shall be approved or disapproved by the commission.

2. Minor Use Permits. Minor use permits shall be approved or disapproved by the Director.

a. The director may choose to refer any minor use permit application to the commission for hearing and decision.

b. A minor use permit application shall be determined exempt from the California Environmental Quality Act (CEQA) in compliance with state law and the Lodi Environmental Review Guidelines or it shall be processed as a use permit.

D. Application Filing and Processing. An application for a use permit or minor use permit shall be filed and processed in compliance with Chapter 17.38 (Application Filing and Processing).

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

1. Use Permit. The commission shall conduct a public hearing on an application for a use permit before a decision on the application. Notice of the hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.74 (Public Hearings).

2. Minor Use Permit. Before a decision on a minor use permit, the public notice shall be provided in compliance with Chapter 17.74 (Public Hearings), and as follows:

a. Public Notice. The notice shall state that the director will decide whether to approve or disapprove the minor use permit application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision.

b. Hearing. When a hearing is requested, notice of the hearing shall be provided in compliance with Chapter 17.74, and the director shall conduct the public hearing before a decision on the application in compliance with Chapter 17.74.

F. Findings and Decision. Following a public hearing, the commission may approve or disapprove an application for a use permit. The commission shall record the decision and the findings upon which the decision is based. The commission may approve a use permit only after first finding that:

1. The proposed use is allowed with a use permit within the applicable zoning district and complies with all applicable provisions of this development code;

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

3. The location, size, design and operating characteristics of the use or development is compatible with and shall not adversely affect or be materially detrimental to the health, safety, or welfare of persons residing or working in the area, or be detrimental or injurious to public or private property or improvements;

4. The location, size, design, and operating characteristics of the proposed use would be compatible with the existing and future land uses in the vicinity; and

5. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and the Lodi Environmental Review Guidelines.

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

H. Post Approval Procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 6 (Development Code Administration), and those identified in Chapter 17.42 (Permit Implementation, Time Limits, and Extensions), shall apply following the decision on a use permit application.

(Ord. No. 1869, § 2, 2-20-2013)

A. Purpose. The provisions of this section allow for variances from the development standards of this development code.

1. Special Privileges Prohibited.

a. A variance may only be granted when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other conditions, the strict application of this development code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts, or creates an unnecessary, and non-self created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards.

b. A variance shall not be granted that would have the effect of granting a special privilege not shared by other property owners in the vicinity and under identical zoning districts, or which is contrary to the public convenience, health, interest, safety, or welfare.

2. Does Not Extend to Uses. The power to grant variances does not extend to allowable land uses; flexibility in allowable land uses is provided in Section 17.40.040 (Use Permits).

B. Review Authority. Variances may be granted in compliance with the following:

1. Director. The director may grant administrative deviations, or may defer action and refer the application to the commission, in compliance with subsection D, below, and state law (Government Code Section 65901).

2. Commission. The commission may grant variances in compliance with subsection D.

C. Allowable Administrative Deviations. The director may approve an application for an administrative deviation from the development standards identified in Table 4-3, below, and for the sign standards of Chapter 17.34 (Signs) as provided in Section 17.34.080 (Exceptions to Sign Area Standards).

TABLE 4-3 Allowable Administrative Deviations

D. Variances. The commission may grant an adjustment from the requirements of this development code governing only the following development standards:

1. Development Standards. Any development standard identified in subsection C (Allowable Administrative Deviations), above where the requested adjustment exceeds the maximum limits for an administrative deviation;

2. Dimensional Standards. Dimensional standards including distance-separation requirements, fence and wall requirements, landscape and paving requirements, lighting, loading spaces, parcel area, parcel dimensions, parking areas, open space, setbacks, structure heights, etc.;

3. Numerical Standards. Number of off-street parking spaces, loading spaces, landscaping, etc.;

4. Signs. Sign regulations (other than prohibited signs);

5. Alteration, Enlargement, or Reconstruction of Nonconformities. To allow the alteration or enlargement of a nonconforming use, or the alteration, enlargement, or reconstruction of a structure in which a nonconforming use is conducted, when the changes (e.g., alteration, enlargement, or reconstruction) would be of distinct benefit to the zoning district in which the use or structure is located; and

6. Other. Other standards including operational/performance standards relating to dust, glare, hours of operation, landscaping, light, noise, number of employees, etc.

E. Application Requirements. An application for a variance shall be filed in compliance with Chapter 17.38 (Application Filling and Processing). The application shall be accompanied by the information identified in the department handout for variance applications. It is the responsibility of the applicant to provide evidence in support of the findings required by subsection G (Findings and Decision), below.

F. Notice and Hearings.

1. Administrative Deviations. A public hearing shall not be required for the director's decision on an administrative deviation.

2. Variances.

a. A public hearing shall be required for all variances, which shall be considered by the commission.

b. A public hearing shall be scheduled once the director has determined the application complete.

c. Noticing of the public hearing shall be given in compliance with Chapter 17.74 (Public Hearings).

G. Findings and Decision. The applicable review authority shall record the decision in writing with the findings on which the decision is based. Following a public hearing, if required, the review authority may approve a variance application, with or without conditions, only after first finding that:

1. There are special circumstances applicable to the subject property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this development code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non-self created hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards;

2. Granting the variance would:

a. Be necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district, and denied to the subject property owner;

b. Be consistent with the actions, goals, objectives, and policies of the general plan and any applicable specific plan;

c. Not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel and will not constitute a grant of special privileges inconsistent with the limitations on other properties in the vicinity and in the same zoning district; and

d. Not be materially detrimental to the public convenience, health, interest, safety, or welfare, or injurious to the property or improvements in such vicinity and land use district in which the property is located.

3. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the Lodi Environmental Review Guidelines.

H. Compliance with Findings. In approving a variance, the review authority may impose conditions (e.g., buffers, landscaping and maintenance, lighting, off-site improvements, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, etc.) deemed reasonable and necessary to:

1. Compliance with Section. Ensure compliance with the general purpose of this section, and the actions, goals, objectives, and policies of the general plan and any applicable specific plan;

2. Special Privileges Prohibited. Ensure that the variance does not grant special privileges inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is located;

3. Compliance with Findings. Ensure that the approval would be in compliance with the findings required by subsection G (Findings and Decision), above; and

4. Protect Interests. Protect the best interests of the surrounding property or neighborhood.

I. Post Approval Procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 6 (Development Code Administration), and those identified in Chapter 17.42 (Permit Implementation, Time Limits, and Extensions), shall apply following the decision on a variance application.

(Ord. No. 1869, § 2, 2-20-2013)

A. Purpose. Planned development permits are intended to promote and encourage flexibility in the city's residential, commercial, and industrial zoning districts relating to property development, design, and open space areas, while protecting the public health, safety, general welfare, integrity, and character of the city, and ensuring consistency with the general plan and any applicable specific plan.

1. Projects proposed through planned development permit applications are encouraged and expected to produce a comprehensive development of greater quality than that normally resulting from more traditional development.

2. Project review shall determine whether the planned development permit should be approved by weighing the public need for, and the benefits to be derived from, the proposed project against the potential negative effects it may cause.

B. Applicability. An application for a planned development permit shall be considered by the commission and shall be available, at the discretion of the applicant, for development within all zoning districts of the city.

1. Land Use Activity. A planned development permit may not authorize a land use activity that is not allowed in the subject zoning district.

2. General Plan Compliance. Strict compliance with the purpose and intent of the general plan and any applicable specific plan shall be required.

3. Modify Standards.

a. The permit may adjust or modify, where necessary and justifiable, all applicable development standards (e.g., building envelope [coverage, height, and setbacks], fence and wall heights, landscaping, off-street parking [design and ratios], open space, street layout, etc.) identified in this development code, with the exception of an increase in the applicable density/intensity provisions.

b. Residential development projects with increased density or intensity standards may only be approved by the council in compliance with state law (Government Code Section 65915).

C. Application Filing and Processing. An application for a planned development permit shall be filed and processed in compliance with Chapter 17.38 (Application Filing and Processing).

D. Project Review, Notice, and Hearing.

1. Each planned development permit application shall be analyzed by the director to ensure that the application is consistent with the purpose and intent of this section. The director shall submit a staff report and recommendation to the commission for their consideration.

2. The commission shall conduct a public hearing on an application for a planned development permit before the approval or disapproval of the permit.

3. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.74 (Public Hearings).

E. Findings and Decision. Following a public hearing, the commission may approve or disapprove an application for a planned development permit. The commission shall record the decision and the findings upon which the decision is based. The commission may approve a planned development permit only after first finding that:

1. The proposed development is:

a. Allowed within the subject base zoning district;

b. Generally in compliance with all of the applicable provisions of this development code relating to both on- and off-site improvements that are necessary to accommodate flexibility in site planning and property development and to carry out the purpose, intent, and requirements of the respective base zoning district, including prescribed development standards and applicable design guidelines; and

c. Consistent with the general plan and any applicable specific plan.

2. The proposed project would produce a comprehensive development of superior quality (e.g., appropriate variety of structure placement and orientation opportunities, appropriate structure sizes, high quality architectural design, increased amounts of landscaping and open space, improved solutions to the design and placement of parking facilities, etc.) than which might otherwise occur from more traditional development applications and would provide a clear benefit to the city;

3. The design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle access and public services and utilities (e.g., drainage, fire protection, sewers, water, etc.), would ensure that the proposed development would not endanger, jeopardize, or otherwise constitute a hazard to the public health, safety, or general welfare, or injurious to the property or improvements in the vicinity and base zoning district in which the property is located;

4. The subject site is:

a. Physically suitable for the type and density/intensity of development being proposed;

b. Adequate in shape and size to accommodate the use and all fences and walls, landscaping, loading, open space, parking, yards, and other features generally required by this development code and necessary to support the proposed development; and

c. Served by streets adequate in width and pavement type to carry the quantity and type of traffic expected to be generated by the proposed development.

5. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA).

F. Conditions of Approval. In approving a planned development permit, the commission may impose conditions (e.g., buffers, landscaping and maintenance, lighting, off-site improvements, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by subsection E (Findings and Decision), above.

G. Post Approval Procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 6 (Development Code Administration), and those identified in Chapter 17.42 (Permit Implementation, Time Limits, and Extensions), shall apply following the decision on a planned development permit application.

(Ord. No. 1869, § 2, 2-20-2013)

A. Purpose. The provisions of this section allow for issuance of a certificate of occupancy authorizing the use of land or structures in compliance with this development code.

B. Applicability. Vacant land shall not be used or occupied, except for agricultural purposes, and no structure shall be altered, erected, moved, occupied, or used until a certificate of occupancy has been issued by the director or his designee.

C. Procedural Requirements.

1. A certificate of occupancy for the use of vacant land or for a change in the character of the use of land, as provided in this section, except for agricultural purposes, shall be applied for before the land is occupied or used.

2. The certificate of occupancy shall be issued within five days after the application has been made; provided, the use is in compliance with the provisions of this development code.

3. A certificate of occupancy for a new structure or the alteration, conversion, or reconstruction of an existing structure shall be applied for together with the application for building permit. The certificate shall be issued, if after inspection it is found that the structure complies with the provisions of this development code and all other the applicable requirements of law or ordinance.

4. A temporary certificate may be issued for the temporary use of a portion of the structure before the completion and occupancy of the entire structure. However, the temporary certificate shall only be issued under restrictions and provisions that will adequately ensure the safety of the occupants.

5. The certificate of occupancy shall state that the structure or proposed use of a structure or land is in compliance with all applicable city, state, and federal laws and regulations.

6. Copies of all certificates shall be kept on file in the community development department for public inspection, with copies of a certificate furnished on request, to any person having a proprietary or tenant interest in the structure.

7. Fees shall not be charged for a certificate of occupancy.

(Ord. No. 1869, § 2, 2-20-2013)