Chapter 200

1. Purpose and Intent A special event permit is intended to allow for the short-term placement of activities on privately or publicly owned property with appropriate regulations so that such activities will be compatible with the surrounding areas.

2. Authority

Authority for approval of special event permits shall be vested with the Planning Director. A special event permit shall not be required for events that occur in theaters, meeting halls, or other permanent public assembly facilities. A special event may be subject to additional permits, other City department approvals, licenses, and inspections as required by this Title or any other applicable laws and regulations.

3. Permitted Special Events

Table 2.C below of this chapter identifies those special events permitted subject to the issuance of a special event permit. Table 2.C Special Event Criteria

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  - I. A requirement that the approval of the requested special event permit is contingent upon compliance with this Title and with other applicable provisions of other ordinances; 

  - m. Other conditions that will ensure the operation of the proposed special event in an orderly and efficient manner and in accordance with the intent and purpose of this Section; and 

  - n. Liability insurance of the type and in the amount required by the City’s Risk Management Authority 

• 17.2.110 TENANT IMPROVEMENTS

  1. Purpose and Intent

The purpose of this section is to provide guidelines for the processing and review of tenant inprovements to structures. Any proposed tenant improvement, which in its initial review indicates an increase in land use intensity, e.g., an increase in parking demand, may be subject to additional review as determined by the Building Official.

2. Authority The Building Official may approve tenant improvements that comply with the requirements, provisions and intentions of this Title.

3. Findings The Building Official may approve a tenant improvement if all of the following findings can be made:

• a. The improvement is permitted within the applicable district, pursuant to the provisions of this Title, and complies with all of the applicable provisions of this Title.

• b. The site for the proposed use is adequate in size, shape, topography, accessibility and other physical characteristics to accommodate the proposed use and development in a manner compatible with existing and proposed surrounding land uses; and

• C. The improvement will not be detrimental to the public health, safety or welfare, or adversely affect properties and improvements in the vicinity.

1. Purpose

This section is intended to limit the number and extent of non-conforming uses by regulating their enlargement, reestablishment after abandonment, and the alteration or restoration after destruction of the structures they occupy. in addition, this section is intended to limit the number and extent of non-conforming structures by prohibiting their being moved, altered, or enlarged in a manner that would increase the discrepancy between existing conditions and the standards prescribed in this Title.

2. Applicability

This Section shall apply to any site, structure, or use that was legally established, but does not conform to the provisions of this Title as originally adopted or as may be amended from time to time. “"Non-conforming" refers to a legally established site

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5. Alterations and Enlargements of Non-conforming Uses and Structures

• a. A non-conforming use shall not be moved, altered, or enlarged unless required by law, or unless the moving, alteration, or enlargement will result in the elimination of the non-conformity.

• b. Anon-conforming use shail not be enlarged or extended in such a way as to occupy any part of the structure or site or another structure or site that it did not occupy at the time it became a non-conforming use, or in such a way as to displace any conforming use occupying a structure or site.

• C. A non-conforming structure shall not be altered or reconstructed so as to increase the discrepancy between existing conditions and the standards for front yard, side yard, rear yard, height of structures, distances between structures, or usable open space prescribed in the regulations for the zone district in which the structure is located.

6. Restoration of a Damaged Structure

• a. Whenever a non-conforming structure is destroyed to the extent of fifty (50) percent or less by fire, calamity, or act of God, the structure may be restored and the non-conforming use may be resumed, provided that restoration is started within one hundred twenty (120) calendar days and diligently pursued to completion. When the destruction exceeds fifty (50) percent, or the structure is voluntarily razed or is required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the zone district in which it is located, and the non-conforming use shall not be resumed.

• b. The extent of damage shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be reviewed and approved by the Building Official and shall be

based on the minimum cost of construction in compliance with the most currently adopted City Building Code.

1. Purpose and Intent

These provisions are intended to prescribe the procedure for filing applications for permits, appeals, amendments, and approvals when required or permitted by this Title.

2. Application Forms

Requests for permits, appeals, amendments, approvals, and other actions required or permitted by this Title shall require that a completed application on a form provided by the Planning Department be submitted to the Planning Director in addition to any other materials, reports, dimensions, plans, or other information required to take an action on the application.

3. Determination of Completeness

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7. Applicant Notification

At the time of filing an application, the Planning Director shall inform the applicant that he or she may make a written request to receive notice from the City of any proposal to adopt or amend the General Pian, a Specific Plan, Zoning Ordinance, or an ordinance affecting building permits that may affect the application being filed. The applicant shall specify, in writing, the proposed action for which notice is requested. Prior to taking any of those actions, the Planning Director shall give notice to any applicant who has requested notice of the type of action proposed and whose development proposal is pending before the City if the Planning Director determines that the proposal is reasonably related to the applicant's pending development request.

8. Consideration of Concurrent Applications

An application which is dependent on approval of a change of zone or other enabling application(s) shall be processed concurrently with such enabling application(s). The approval authority for such dependent application shall be vested with the body authorized to approve the enabling application(s).

9. Environmental Review

No permit or approvai shall be granted pursuant to this Title prior to the completion of applicable environmental review as required by City and State guidelines impiementing the California Environmental Quality Act.

10. Time Limit for Approving Applications

• a. When required by State law, action shall be taken on projects requiring the preparation and certification of an Environmental Impact Report, within one year of the date the application was accepted as completed.

• b. When required by State law, final action shall be taken on projects that are exempt from the provisions of California Environmental Quality Act or that require the adoption of a Negative Declaration within one hundred five (105) days of the date that the application was accepted as complete.

• c. Extension of the time limit for action on an application, as specified in the above paragraphs, may be granted if mutually agreed upon by the applicant and Ptanning Director.

1. Purpose This Section defines procedures for conducting public hearings for applications pursuant to this Title unless otherwise specified in this Title. The purpose of this section is to ensure public awareness and full open public discussion and debate regarding proposed actions pursuant to this Title.

2. Public Hearing Date

Where required by State law, and unless otherwise specified in this Title, a public hearing on any application shall be scheduled before the City Council on the earliest appropriate date.

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4, Conduct of Public Hearings

• a. Public hearings held pursuant to the provisions of this Title shall be held according fo such public hearing rules as the City Council may, from time to time, adopt by resolution or ordinance.

• b. The Mayor may require that witnesses be sworn, prior to providing testimony at the City Council public hearing, respectively.

17.2.150 APPROVAL TO EXTEND WITH LAND Unless otherwise specified, all permits and approvals granted pursuant to this Title shall run with the land, and shall continue to be valid upon a change of ownership of the site or structure to which it applies.

17,.2.160 EFFECTIVE DATE OF DECISION

A decision that is subject to appeal shall not become effective for ten (10) calendar days following the action by the appropriate decision making body in order to allow time for the filing of an appeal of the decision.

• 17.2.170 LAPSE OF APPROVALS AND EXTENSIONS OF TIME

  1. Projects Not Subject to the Subdivision Map Act and/or Not Involving City Building Permits.

Approvals for projects not subject to the Subdivision Map Act and/or not involving City building permits shall lapse and become void twelve (12) months from the approval date, unless otherwise specified in this Title, unless a different expiration date is specifically established as a condition of approval to the extent permitted by law, unless a valid building permit is in effect in reliance upon the approved entitlement and substantial construction has commenced and is diligently pursued toward completion, or unless the property has been occupied and the approved use fully commenced.

2. Extension of Time

   • a. Authority

An extension of time may be granted for projects approved under this Titie, where substantial construction has not yet commenced or has not yet been completed or where the property has not yet been occupied and the approved use not fully commenced. Approvals for extension of time may only be granted by the original approving authority.

• b. Submittal of Extension Requests

  • (1) Extension requests for projects not subject to the Subdivision Map Act and/or not involving City building permits shall only be considered if filed with the Planning Department no less than thirty (30) calendar days nor more than ninety (90) calendar days prior to the expiration date of the permit or approval.

• (2) | A subdivider may request an extension for projects subject to the Subdivision Map Act by written application to the Planning Director in accordance with the provisions of the Subdivision Map Act and Title 16 of the Municipal Code.

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2. Authority

Authority to revoke permits or approvals shall be vested with the City Council where the City Council was the final approving authority in granting the permit or approval. A public hearing pursuant to Section 17.2.140 of this chapter shall be required for revocation of permits or approvals. Notwithstanding the above, the Building Official shall have the authority to revoke building permits pursuant to the provisions of the Uniform Building Code.

3. Required Findings

A permit or approval subject to revocation pursuant to the provisions of this Section may be revoked by the City Council if any one of the following findings is made:

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• a. That the permit or approval was obtained by misrepresentation or fraud; b. That the use for which the permit or approval was granted has ceased, and was suspended for six (6) or more consecutive calendar months;

• C. That the conditions of the permit or approval have not been met or the permit or approval granted is being or has been exercised contrary to the terms of the permit or approval or in violation of any statue, ordinance, law, or regulation; or

• d. That the public health, safety and welfare can be served only by revocation.

4. Notification and Time Limits for Correction

   • a. The Planning Director shall notify the holder of the permit or approval in writing of a decision to initiate a pending revocation, shall state specifically the reasons for the proposed revocation, and shall provide a period of thirty (30) calendar days for the holder to correct or show substantial progress toward correcting the defect(s) that serve as the basis for the proposed revocation. In the event said defects are not corrected within thirty (30) calendar days from the date the notice is mailed, or substantial progress is not made during said thirty (30) day period and diligently continued until fully corrected, a public hearing date before the City Council where applicable, shall be set pursuant to the provisions of Section 17.2.140 of this chapter.

   • b. In taking action to revoke a permit, the City Council shall have the discretion to set the effective date of the revocation in order to allow the permit holder adequate and appropriate time in which to make necessary corrections.

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