Article 2 — Zoning Districts, Allowable Land Uses, and Zone-Specific Standards and…

requirement shall not apply to Research and Development uses, public and semi-public uses, projects in the PS and OS Districts, projects with an approved master development plan, tenant improvements, or a project on the City's approved capital improvement budget.

b.

Review authority.  

(1)

For a major project 75,000 square feet or less, the Hearing Officer shall be the initial review authority and the Board of Zoning Appeals shall be the appeal authority.

(2)

For a major project greater than 75,000 square feet, the Planning Commission shall be the initial review authority and the City Council shall be the appeal authority.

K.

Conditions of approval. In approving a Conditional Use Permit (Major, Minor, Master Plan, or Administrative), the applicable review authority 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 Subsections H. (Findings and decision), above, and to preserve the public health, safety, and general welfare.

L.

Post approval procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 7 (Zoning Code Administration), and those identified in Chapter 17.64 (Permit Implementation, Time Limits, and Extensions), except for Master Plans, shall apply following the decision on a Conditional Use Permit application.

(Ord. No. 7435, § 20, 10-28-2024; Ord. No. 7418, § 7, 2-26-2024; Ord. 7210 § 10, 2011; Ord. 7160 § 54, 2009; Ord. 7099 § 39, 2007; Ord. 7080 § 7, 2006; Ord. 7057 § 20 (a—d), 2006)

A.

Purpose. Hotel Conversion Permits are intended to allow for the conversion of existing hotels and motels with 80 or less guest rooms to various types of affordable housing while providing for the review of the configuration, design, location, and potential impacts of the proposed use in order to evaluate the compatibility of the proposed conversion with surrounding uses, and the suitability of a residential use to the site.

B.

Applicability. A Hotel Conversion Permit is required in order to authorize affordable multi-family housing, affordable single room occupancy housing, permanent supportive housing, and/or transitional housing as being allowable in any zoning district in which an existing hotel or motel is located.

C.

Application requirements. An application for a Hotel Conversion Permit shall be filed in compliance with Chapter 17.60 (Application Filing and Processing) in the same manner as a Conditional Use Permit. The application shall be accompanied by the information identified in the Department handout for Hotel Conversion Permit applications, including a comprehensive Management Plan, which shall include, at a minimum, detailed information on property management policies and operations, rental procedures and rates, maintenance plans, residency and guest rules and procedures, security procedures, staffing needs, and job descriptions. The applicant shall be responsible for providing the evidence in support of the findings required by Subsection F. (Findings and decision) below.

D.

Review authority. Hotel Conversion Permits shall be reviewed by the Hearing Officer and may be granted in compliance with the following:

The Hearing Officer may grant a Hotel Conversion Permit for affordable multi-family housing, affordable single room occupancy housing, transitional housing, and/or permanent supportive housing; or

Defer action and refer the application directly to the Board of Zoning Appeals.

E.

Project review, notice, and hearing.  

Each application shall be analyzed by the Zoning Administrator to ensure the application is consistent with the purpose and intent of this Section. The Zoning Administrator shall submit a staff report and recommendation to the Hearing Officer for consideration on a Hotel Conversion Permit.

The applicable review authority shall conduct a public hearing on an application for a Hotel Conversion Permit before the approval or disapproval of the permit.

Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.76 (Public Hearings).

The applicable review authority shall render a decision on the application within 10 days following the final public hearing on the application.

F.

Findings and decision. Following a public hearing, the applicable review authority may approve, conditionally approve, or disapprove an application for a Hotel Conversion Permit. The review authority may approve a Hotel Conversion Permit only after first finding that:

The hotel or motel proposed for conversion was legally constructed and is currently a legal or legally nonconforming use;

One hundred percent of the proposed converted residential units will be rented or sold at rates affordable to persons and families of low or moderate income (as defined in Health and Safety Code Section 50093), and will consist of either Supportive Housing, Transitional Housing, Single-Room Occupancy, multi-family housing, or a combination thereof;

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;

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; and

The design, location, operating characteristics, and size of the proposed use, including any proposed increase in floor area, room/unit count, or height would be compatible with the existing land uses in the vicinity in terms of aesthetic values, character, scale, and view protection.

G.

Conditions of approval. In approving a Hotel Conversion Permit, the applicable review authority 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, security, support services, 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, and to preserve the public health, safety, and general welfare.

H.

Post approval procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 7 (Zoning Code Administration), and those identified in Chapter 17.64 (Permit Implementation, Time Limits, and Extensions) shall apply following the decision on a Hotel Conversion Permit application.

(Ord. No. 7333, § 3 (Exh. 2), 10-15-2018)

A.

Purpose. Expressive Use Permits are intended to:

Eliminate unfettered discretion. Establish a procedure which places limits on processing time and eliminates any possibility for the exercise of unfettered discretion in reviewing applications for developing and operating expressive uses.

Ensure thorough review. Ensure orderly and thorough City review of applications for certain expressive uses.

Establish uniform regulations. Establish reasonable and uniform regulations that would reduce possible adverse secondary effects that expressive uses may have upon the residents of the City, and preserve the integrity of existing commercial areas of the City and of the residential areas which are in close proximity to the commercial areas.

Protect Constitutional rights. Protect the rights conferred by the United States Constitution to expressive uses in a manner that ensures the continued and orderly development of property within the City and diminishes those undesirable negative secondary effects that recognized studies have shown to be associated with the development and operation of expressive uses.

Ensure compatibility. Allow a process whereby the unusual site development feature or operating characteristics of uses which shall comply with this Section may be conditioned through an individual review, in order to ensure compatibility with the surrounding uses of property.

B.

Applicability. An Expressive Use Permit is required to authorize proposed land uses and activities identified by Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) as being allowable in the applicable zoning district

subject to the approval of an Expressive Use Permit.

C.

Permit requirements.  

Expressive use defined. An "expressive use" is a land use activity that is allowed subject to a public hearing process in which the use is evaluated against the findings identified in Subsection G. (Findings and decision) below.

Permit required. Expressive uses shall not be developed or operated within the City by right. All persons wishing to develop or operate an expressive use within the City shall apply for and obtain an Expressive Use Permit in compliance with this Section.

No permit needed for existing uses.  

a.

The Council declares that all expressive uses legally established before October 13, 1997, shall not be deemed to be nonconforming in compliance with Chapter 17.71 (Nonconforming Uses, Structures, and Lots), for failure to seek and obtain an Expressive Use Permit.

b.

The Council further declares that all legally established expressive uses, as that term is defined in Article 8 (Glossary of Specialized Terms and Land Use Types), shall be deemed to be conforming for the use(s) specified in a Conditional Use Permit or Live Entertainment Permit issued for the use.

D.

Application requirements. An application for an Expressive Use Permit shall be filed in compliance with Chapter 17.60 (Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for Expressive Use Permit applications. The applicant shall be responsible for providing the evidence in support of the findings required by Subsection G. (Findings and decision) below.

E.

Review authority. The Hearing Officer shall act as the applicable review authority on all Expressive Use Permits.

F.

Project investigation, notice, and determination.  

Investigation. The Zoning Administrator shall investigate the proposed expressive use, including consultation with other City departments and inspection of the premises as needed. Consultation is not considered a grounds for the City to unilaterally delay the review of an application deemed complete in compliance with Section 17.61.060 (Initial Application Review).

Notice. Notice of the public hearing shall be provided:

a.

In compliance with Chapter 17.76 (Public Hearings); and

b.

At least 14 days before the public hearing in the following manner:

(1)

By mail, to the property owner(s) and the project applicant, if different;

(2)

By mail, to all owners of property within 500 feet of the subject site's boundaries, as shown on the latest equalized tax assessment roll; and

(3)

By posting, along all public streets within 500 feet of the subject site's boundaries.

Determination. The Hearing Officer shall render a determination in the following manner:

a.

The Hearing Officer shall render a determination on the application within 60 days of the Director deeming the application complete in compliance with Section 17.61.060 (Initial Application Review).

b.

The determination shall be made no later than the same day as the final hearing on the application, and if not in writing, a written determination shall be prepared within three days following the date of the determination.

c.

In reaching a determination, the Hearing Officer shall not be bound by the formal rules of evidence.

d.

Failure of the Hearing Officer to render a determination within the above stated time frame shall be deemed to constitute a disapproval.

G.

Findings and decision. Following a public hearing, the Hearing Officer may approve, conditionally approve, or disapprove an application for an Expressive Use Permit. The Hearing Officer may approve an Expressive Use Permit only after first finding that:

The proposed use is allowed with an Expressive Use Permit within the subject zoning district and complies with the applicable development and design requirements of the subject zoning district and with all applicable provisions of this Zoning Code.

The proposed use will provide and maintain wastewater to establish and maintain an unrestricted flow in sanitary sewers during average and peak conditions as established by the city's approved sewer master plan, as amended from time to time.

The proposed use will provide and maintain solid waster services to establish and maintain a level of service consistent with the city's approved source reduction and recycling element.

The proposed use will provide and maintain fire prevention and suppression services as established by the Uniform Fire Code to establish and maintain minimum response time for fire and emergency medical calls as established by the city's approved general plan.

The proposed use will provide and maintain police services and crime prevention services to establish and maintain minimum response time for police calls for service as established by the city's approved general plan.

Any conditions imposed upon the permit shall be in keeping with the objective development standards of this Title as set forth in Article 4 - Site Planning and General Development Standards and the underlying zoning district (including any applicable overlay district or specific plan regulations) in which the property is located.

H.

Period of validity. An Expressive Use Permit approved in compliance with this Section shall become void unless the proposed use is exercised in compliance with Section 17.64.040 (Time Limits and Extensions).

I.

Special appeal and Call for Review provisions.  

Time of appeal. Any interested person may appeal the decision of the Hearing Officer directly to the Council or the decision may be called for review in compliance with Chapter 17.72 (Appeals).

Time for hearing on appeal or Call for Review. Consideration of an appeal of the decision or Call for Review shall be at a public hearing which shall be noticed in compliance with Chapter 17.76 (Public Hearings) and shall occur within 30 days of the filing or initiation of the appeal.

Hearing. The Council shall conduct the public hearing and hear testimony regarding the appeal from any interested party. In reaching its decision, the Council shall not be bound by the formal rules of evidence.

Decision on appeal.  

a.

The Council's action on the appeal of the Hearing Officer's decision shall be by a majority vote of the quorum and upon the conclusion of the de novo public hearing, the Council shall grant, conditionally grant, or disapprove the application.

b.

The decision shall be made no later than the same day as the final hearing on the application.

c.

The Council's decision shall be final.

J.

Special revocation or modification provisions.  

Findings. Any permit issued in compliance with this Section may be revoked or modified on the basis of any of the following, in compliance with Section 17.78.090 (Permit Revocation or Modification):

a.

The business or use has been conducted in a manner that violates one or more of the conditions imposed upon the issuance of the permit or that fails to conform to the plans and procedures described in the application, or that violates the occupant load limits established by the Fire Marshal.

b.

The permittee has failed to obtain or maintain all required City, County, and State licenses and permits.

c.

The permit is being used to conduct a use different from the use for which it was issued.

d.

The permittee has misrepresented a material fact in the application for the permit or has not answered each question therein truthfully.

e.

Due to changes in on-site conditions, the expressive use business lacks sufficient on-site parking area for employees and the public under the standards identified in the City's parking regulations (Chapter 17.46 [Parking]), except for an existing use that is determined to be legally nonconforming with respect to parking.

f.

The allowed business creates sound levels which violate the City's Noise Ordinance.

g.

The permittee, if an individual, or any of the officers or general partners, if a corporation or partnership, is found guilty or pleaded nolo contendere to a misdemeanor or felony classified by the State as a sex or sex-related offense during the period of the adult establishment's operation.

h.

The use for which the approval was granted has been discontinued, ceased to exist, or has been suspended for a continuous period of at least 12 months.

Notice of hearing. The Zoning Administrator shall notice and the Hearing Officer shall conduct a public hearing, in compliance with Chapter 17.76 (Public Hearings), on the proposed permit revocation or modification.

Hearing. The review authority shall conduct the revocation hearing and hear testimony regarding the proposed revocation or modification from any interested party. The review authority shall not be bound by the formal rules of evidence at the hearing.

Notice. Written notice of the hearing on the proposed permit revocation or modification, together with written notification of the specific grounds of the complaint against the permittee, shall be personally delivered or sent by certified mail to the permittee at least 10 days before the hearing.

Decision. The review authority shall revoke, not revoke, or modify (not revoke but add additional conditions to) the permittee's Expressive Use Permit. Any additional conditions imposed upon the permit shall be deemed reasonable and necessary and in keeping with the development standards of this Zoning Code and the subject zoning district (including any applicable overlay district regulations).

Decision and notice. Within 10 days of the conclusion of the hearing, the review authority shall render a decision, supported by written findings. A copy of the decision and written findings shall be mailed to the owner of the use or structure for which the permit was revoked or modified and to any other person who has filed a written request for the notice.

Appeal of decision. If the decision on revocation or modification is made by the Hearing Officer, any interested party may appeal the decision directly to the Council in compliance with Chapter 17.72 (Appeals).

Effective date. The effective date of a decision to revoke or modify an Expressive Use Permit shall be in compliance with Section 17.64.020 (Effective Dates).

Renewal. In the event a permit is revoked or modified in compliance with this Subsection, another Expressive Use Permit shall not be granted to the permittee or on the site of the permit within 12 months after the date of the revocation or modification.

K.

Conditions of approval. In approving an Expressive Use Permit, the Hearing Officer 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, and in keeping with the development standards of this Zoning Code and the subject zoning district (including any applicable overlay district regulations), to ensure that the approval would be in compliance with the findings required by Subsection G. (Findings and decision), above, and to preserve the public health, safety, and general welfare.

L.

Post approval procedures. The procedures relating to changes, expiration, and performance guarantees that are identified in Article 7 (Zoning Code Administration), and those identified in Chapter 17.64 (Permit Implementation, Time Limits, and Extensions), shall apply following the decision on an Expressive Use Permit application.

(Ord. 7160 § 55, 2009; Ord. 7099 § 42, 2007; Ord. 7064, § 4, 2006; Ord. 7057, § 21 (a—g), 2006; Ord. 7009 § 24, 2005)

A.

Purpose. Adjustment Permits are intended to promote and encourage quality development within the City's residential, commercial, industrial, and other zoning districts established by City-adopted specific plans 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 conformance with the goals, policies, and objectives of the General Plan and the purpose and intent of any applicable specific plan.

Comprehensive development. Adjustment Permits are encouraged and expected to produce a comprehensive development incorporating a more enhanced environment and architectural excellence than would normally be possible under more standard district development requirements.

Preserve a significant historic resource. Where applicable, the Adjustment Permit provides the flexibility in development standards necessary to preserve a significant historic landmark, resource, site, or structure.

Project review. Project review shall determine whether the Adjustment Permit should be approved by weighing the public need for, and the positive benefits to be derived from, the proposed project against any of the potential unavoidable negative effects it may cause.

B.

Applicability. An application for an Adjustment Permit shall be reviewed first by the Commission and then by the Council, and shall be required before the issuance of any nondiscretionary building, grading, or other required permits. For major projects also requiring a Conditional Use Permit, in compliance with Section 17.61.050, the two permits shall be processed concurrently in compliance with Section 17.60.030 (Concurrent Permit Processing).

Land use activity. An Adjustment Permit may only authorize a land use activity that is allowed in the base zoning district.

General Plan conformance required. Conformance with the goals, policies, and objectives of the General Plan and the purpose and intent of any applicable specific plan shall be required.

Modify standards.  

a.

An Adjustment 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 Zoning Code, with the exception of an increase in the applicable density/FAR provisions.

b.

An Adjustment Permit may allow for the density to be averaged on lots divided by two or more zoning districts.

c.

Residential development projects with increased density standards may only be approved in compliance with State law (Government Code Section 65915).

C.

Application requirements. An application for an Adjustment Permit shall be filed in compliance with Chapter 17.60 (Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for Adjustment Permit applications. The applicant shall be responsible for providing the evidence in support of the findings required by Subsections D. (Review authority criteria) and F. (Findings and decision), below.

D.

Review authority criteria. The Commission shall first review and recommend and the Council may approve an Adjustment Permit only when the following criteria are met:

The land involved shall be a minimum of ½ acre in area and shall be either in one or multiple ownership(s) filed jointly by the owner(s) of all of the property included.

The proposed development shall be in conformance with the goals, policies, and objectives of the General Plan and the purpose and intent of any applicable specific plan, and shall result in a comprehensive development incorporating a more enhanced environment and architectural excellence than would normally be possible under more standard district development requirements.

The various elements of the proposed plan, including structures, grounds, and open space, shall relate to one another in a manner that forms a comprehensive plan of sufficient unity to justify exceptions, if any, to the standard district development requirements identified in this Zoning Code.

The proposed development shall not adversely affect adjacent properties.

Where applicable, the Adjustment Permit provides the flexibility in development standards necessary to preserve a significant historic landmark, resource, site, or structure.

E.

Project review, notice, and hearing.  

Each Adjustment 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 first to the Commission and then to the Council for their consideration.

The Director may refer the application to a City commission(s) or committee(s) for review and comment.

Public hearings shall be required for all Adjustment Permits considered first by the Commission and then by the Council.

Notice of the public hearings shall be provided, and the hearings shall be conducted in compliance with Chapter 17.76 (Public Hearings).

F.

Findings and decision. Following public hearings, the Commission shall recommend and the Council may approve, conditionally approve, or disapprove an application for an Adjustment Permit. The Commission may recommend and the Council may approve an Adjustment Permit only after first finding that:

The proposed development is:

a.

Allowed within the subject base zoning district;

b.

In conformance with the:

(1)

Criteria identified in Subsection D. (Review authority criteria) above;

(2)

Goals, policies, and objectives of the General Plan and the purpose and intent of any applicable specific plan; and

(3)

Applicable provisions of this Zoning 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 and intent of the subject base zoning district.

The proposed project would produce a comprehensive development incorporating a more enhanced environment and architectural excellence (e.g., appropriate variety of structure placement and orientation opportunities, appropriate mix of 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 would normally be possible under more standard district development requirements;

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;

The subject site is:

a.

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

b.

Adequate in shape and size to accommodate the proposed development.

The public need for, and the positive benefits to be derived from, the proposed project clearly outweigh any of the potential unavoidable negative effects it may cause; and

Where applicable, the Adjustment Permit provides the flexibility in development standards necessary to preserve a significant historic landmark, resource, site, or structure.

G.

Conditions of approval. In approving an Adjustment Permit, the Council 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:

Compliance with findings. Ensure that the approval would be in compliance with the findings required by Subsection F. (Findings and decision) above. Special consideration shall be given to Subsection D. (Review authority criteria) above, that ensures that the proposed project would produce a comprehensive development incorporating a more enhanced environment and architectural excellence;

Conformance with Zoning Code. Ensure conformance with specified standards and provisions of this Zoning Code (e.g., allowable land uses and density/FAR) in order to ensure harmony with the surrounding neighborhood);

Accommodate flexibility. Accommodate flexibility in site planning and property development;

Mitigate impacts. Mitigate all project-related adverse effects, unless a statement of overriding considerations is adopted by the Council in compliance with State law (Public Resources Code Section 15093); and

Preserve. Preserve the public health, safety, and general welfare.

H.

Post approval procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 7 (Zoning Code Administration), and those identified in Chapter 17.64 (Permit Implementation, Time Limits, and Extensions), shall apply following the Commission's recommendation and the Council's final action on an Adjustment Permit application.

A.

Purpose. The provisions of this Section allow for Variances (Section D.) from the development standards of this Zoning Code, and Variances for Historic Resources (Section H.).

Special privileges prohibited.  

a.

A Variance may only be granted when, because of special circumstances applicable to the subject property, including dimension, location, shape, size, or surroundings; geographic, topographic, or other physical conditions on the site or in the immediate vicinity; or from street locations or traffic conditions in the immediate vicinity, the strict application of this Zoning Ordinance 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 applicable development standards.

b.

A Variance shall not be granted that would have the effect of granting a special privilege(s) not shared by other property owners in the vicinity and under identical zoning districts.

Does not extend to uses and notes.  

a.

The power to grant Variances does not extend to allowable land uses and the notes on the land-use tables. In no case shall a Variance be granted to allow a use of land or structure not otherwise allowed in the zoning district in which the subject property is located. A Variance shall not be granted to the notes on the land-use tables contained in Articles 2 and 3.

b.

Flexibility in allowable land uses is provided in Section 17.61.050 (Conditional Use Permits).

Does not extend to procedures. A Variance shall not be granted to allow an adjustment to the procedural requirements of this Zoning Code.

B.

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

The Hearing Officer may grant variances and Minor Variances in compliance with Subsection D., below; or

Defer action and refer the application directly to the Board of Zoning Appeals (BZA).

C.

Minor Variances.  

Purpose. Minor Variances are a form of Variance intended for adjustments that are determined to have lesser (minor) potential impacts and therefore require a modified review process.

Applicability. The following applications for adjustments from the applicable development standards may be processed as a Minor Variance:

a.

Up to two permit applications, for a Minor Variance, Minor Conditional Use Permit, or Sign Exception, may be combined and processed under the Minor Variance/Minor Conditional Use Permit procedure.

b.

Alteration or expansion of a nonconforming structure that increases the difference between existing conditions and the current development standards and is an allowable Minor Variance under Table 6-4 (Allowable Minor Variances).

c.

Unless otherwise identified in Table 6-4, below, adjustments not exceeding 25 percent of the development standard may be processed as a Minor Variance.

d.

Applications for adjustments exceeding 25 percent of the development standard shall be processed as Variances, in compliance with Subsection D. below.

TABLE 6-4 - ALLOWABLE MINOR VARIANCES

Types of Minor Variances Allowed Maximum Adjustment Allowed

1.  In all districts:

 a.  Front setback

 b.  Side setback No limit on percent of adjustment  c.  Rear setback

 d.  Corner setback

 e.  Fence or wall height

Not exceeding an adjustment of 10 feet, or 5 feet in the HD

 f.  Building height overlay district

 g.  Appurtenance height No limit on percent of adjustment

2.  For projects subject to RS and RM-12 development standards, not including HD overlay standards — maximum Not exceeding an adjustment of 10 percent floor area

3.  In RM districts — minimum landscape area

Procedures.  

a.

Noticing of the public hearing shall be given in compliance with Chapter 17.76.

b.

The Zoning Administrator shall set a date and time on which the application will be considered.

c.

Notice shall be mailed and posted at least 14 days before the date set by the Zoning Administrator.

d.

The notice shall indicate that any interested person may request, in person or in writing, no later than one working day before the date set by the Zoning Administrator, that a hearing be held on that date.

e.

If no hearing is requested, the Hearing Officer's decision may be made without a public hearing.

f.

The Hearing Officer may also hold a hearing at the Hearing Officer's discretion.

g.

If a hearing is held, the Hearing Officer shall conduct the hearing in compliance with Chapter 17.76 (Public Hearings).

D.

Variances. The Hearing Officer may grant an adjustment from the requirements of this Zoning Code governing only the following:

Development standards. Any development standard identified in Subsection C. (Minor Variances), above, where the requested adjustment exceeds the maximum limits for a Minor Variance;

Dimensional standards. Dimensional standards including distance-separation requirements, landscape and paving requirements, lighting, loading spaces, lot area, lot dimensions, parking areas, open space, structure heights, etc.;

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

Additional land-use regulations. The additional land-use regulations which apply to each use classification; and

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 17.60 (Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for Variance

applications. The applicant shall be responsible for providing the evidence in support of the findings required by Subsection G. (Findings and decision) below.

F.

Notice and hearings.  

Minor Variances. The procedures identified in Subsection C.3. (Procedures), above, shall determine if a public hearing shall be required for the Zoning Administrator's decision on a Minor Variance.

Variances.  

a.

A public hearing shall be required for all Variances considered by the Hearing Officer.

b.

A public hearing shall be scheduled once the Director has determined that the application is complete.

c.

Noticing of the public hearing shall be given in compliance with Chapter 17.76 (Public Hearings).

d.

If taken under advisement, the Hearing Officer shall render a decision on the Variance application within 10 days following the final public hearing on the application.

G.

Findings and decision. Following a public hearing, if required, the review authority may approve a Variance (Major or Minor) application, with or without conditions, only after first finding that:

There are exceptional or extraordinary circumstances or conditions applicable to the subject site that do not apply generally to sites in the same zoning district;

Granting the application is necessary for the preservation and enjoyment of a substantial property right of the applicant and to prevent unreasonable property loss or unnecessary hardship;

Granting the application would not be detrimental or injurious to property or improvements in the vicinity of the subject site, or to the public health, safety, or general welfare;

Granting the application is in conformance with the goals, policies, and objectives of the General Plan, and the purpose and intent of any applicable specific plan and the purposes of this Zoning Code, and would not constitute a grant of special privilege inconsistent with limitations on other properties in the vicinity and in the same zone district; and

Cost to the applicant of strict compliance with a regulation shall not be the primary reason for granting the Variance.

H.

Variances for Historic Resources.  

Purpose.  

a.

A Variance for Historic Resources is intended to accommodate historic resources that are undergoing development, change in use or are being relocated.

b.

This unique type of Variance is designed to provide relief from the strict compliance with the development standards of this Zoning Code that may impair the ability of a historic resource to be properly used or to be relocated onto a new site.

c.

The Variance shall not allow a use of land or structure not otherwise allowed in the zoning district in which the subject property is located and only applies if the property has a historic designation or is required, as a condition of approval of the Variance, to submit an application for historic designation prior to completion of the proposed project or establishment of the proposed use.

Procedures.  

a.

The Hearing Officer shall be the applicable review authority for Variances for Historic Resources.

b.

The procedures for a Variance for Historic Resources shall be the same as for a Minor Variance, including those for notice and hearing upon request.

Findings and decision. Following a public hearing, if required, the review authority may approve a Variance for Historic Resources application, with or without conditions, only after first finding that:

a.

The Variance for Historic Resource is necessary to facilitate the appropriate use of an existing historic structure;

b.

The Variance for Historic Resource would not adversely impact property within the neighborhood or historic district; and

c.

Granting the Variance for Historic Resource application would be in conformance with the goals, policies, and objectives of the General Plan and the purpose and intent of any applicable specific plan.

H.

Variances for Historic Resources.  

Purpose.  

a.

A Variance for Historic Resources is intended to accommodate historic resources that are undergoing development, change in use or are being relocated.

b.

This unique type of Variance is designed to provide relief from the strict compliance with the development standards of this Zoning Code that may impair the ability of a historic resource to be properly used or to be relocated onto a new site.

c.

The Variance shall not allow a use of land or structure not otherwise allowed in the zoning district in which the subject property is located and only applies if the property has a historic designation or is required, as a condition of approval of the Variance, to submit an application for historic designation prior to completion of the proposed project or establishment of the proposed use.

Procedures.  

a.

The Director shall be the applicable review authority for Variances for Historic Resources. Appeals shall be conducted in compliance with Chapter 17.72 (Appeals).

b.

Each application shall be analyzed by the Director to ensure that the application is consistent with the purpose and intent of this Section.

c.

The Director may defer action and refer the application directly to the Board of Zoning Appeals.

Findings and decision. The review authority may approve a Variance for Historic Resources application, with or without conditions, only after first finding that:

a.

The Variance for Historic Resource is reasonably necessary to facilitate development on properties with historic resources, adaptive reuse of historic resources, and/or relocation of historic resources;

b.

The Variance for Historic Resource would not adversely impact property within the neighborhood or historic district; and

c.

Granting the Variance for Historic Resource application would be in conformance with the goals, policies, and objectives of the General Plan and the purpose and intent of any applicable specific plan.

I.

Compliance with findings. In approving a Variance or Minor Variance, the applicable review authority may impose conditions (e.g., buffers, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, etc.) deemed reasonable and necessary to:

Compliance with Section. Ensure compliance with the general purpose of this Section, and the goals, policies, and objectives of the General Plan and the purpose and intent of any applicable specific plan;

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

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

Protect interests. Protect the best interests of the surrounding property or neighborhood, and to preserve the public health, safety, and general welfare.

J.

Concurrent processing. If the project that is the subject of an application for a Tentative Map or Tentative Parcel Map in compliance with Title 16 (Subdivisions), or a Master Plan in compliance with Section 17.61.050, would require a Variance or Minor Variance, the applicable review authority for the underlying permit shall have the authority to also act upon the proposed Variance after first making the Variance findings required by this Subsection G. (Findings and decision) above.

K.

Post approval procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 7 (Zoning Code Administration), and those identified in Chapter 17.64 (Permit Implementation, Time Limits, and Extensions), shall apply following the decision on a Variance or modification application.

(Ord. No. 7443, § 5, 3-3-2025; Ord. No. 7414, § 12, 9-11-2023; Ord. 7372 § 4, 2021; Ord. 7160 § 56, 2009; Ord. 7099 § 40, 2007; Ord. 7057 § 22 (a—c), 2006; Ord. 7022 § 2 (part) 2005)

A.

Purpose. This Section establishes procedures for the granting of Filming Permits that:

Establish special regulations for filming in the City; and

May not meet the normal development or use standards of the applicable zoning district, but may be acceptable because of their temporary, short-term nature.

B.

Applicability. Filming activities shall not be conducted, established, or operated in any manner without the approval and maintenance of a valid Filming Permit in compliance with this Section.

C.

Filming activities. The following temporary filming activities may be allowed, subject to the issuance of a Filming Permit.

Allowed. Property in any zoning district, unless otherwise specified in this Zoning Code, may be used as a filming location for filming, including the filming of motion pictures, professional photography, or videotaping.

Exemptions. A Filming Permit shall not be required for filming activities for personal use or entertainment, nor shall any permit be required for filming for use in news gathering, investigative reporting, or for public and municipal access stations.

D.

Application filing, processing procedures, and action. An application for a Filming Permit shall be filed with the Department and processed in the following manner.

Application requirements. An application for a Filming Permit shall be filed with the Film Liaison. The application shall be accompanied by the information identified in the Department's Filming Permit application. The applicant shall be responsible for providing the evidence in support of the findings required by Subsection H. (Findings and decision), below, for Filming Conditional Use Permits.

Filming Conditional Use Permit procedures.  

a.

The standard notice procedure identified in Chapter 17.76 (Public Hearings) shall be followed, except that the mailed and posted notices shall be within 300 feet of the boundaries of the filming location.

b.

The Film Liaison shall set a date and time on which the application will be considered. The public hearing notices shall be mailed and posted at least 14 days before that date. The hearing notice shall indicate that any interested person may request, in person or in writing, that a hearing be held on that date.

Applicable review authority. The Film Liaison shall be the applicable review authority for Short-term Film Permits.

a.

Short-term Filming Permits. A Short-term Filming Permit may be approved by the Film Liaison for commercial motion picture filming, professional photographing, and videotaping at the same location for:

(1)

Six or fewer days per quarter of a calendar year, and up to 24 days of a calendar year, in residential, open space, public, and semi-public zoning districts; or

(2)

15 or fewer days per quarter of a calendar year in all other zoning districts.

b.

Long-term Filming Permits. A Filming Conditional Use Permit may be approved by the Hearing Officer allowing Long-term Filming Permits for commercial motion picture filming, professional photographing, and videotaping at the same location for:

(1)

More than six days per quarter of a calendar year in residential, public, and semi-public zoning districts; or

(2)

More than 15 days per quarter of a calendar year in all other zoning districts.

Public hearing requirements.  

a.

Short-term Filming Permits. Notice or a public hearing shall not be required for the Film Liaison's decision on a Short-term Filming Permit.

b.

Long-term Filming Permits.  

(1)

A public hearing shall only be required for the Hearing Officer's decision on a Long-term Filming Permit, if a hearing is requested, in compliance with Subparagraph F.3.b., above.

(2)

If a hearing is not requested, the decision may be made without a hearing.

(3)

The Hearing Officer may hold a hearing at the discretion of the Hearing Officer.

(4)

If a hearing is held, the Hearing Officer shall conduct the hearing in compliance with Chapter 17.76 (Public Hearings).

Effective dates.  

a.

A Short-term Filming Permit shall be effective immediately for the days approved by the Film Liaison.

b.

A Filming Conditional Use Permit shall be effective in compliance with Section 17.64.020 (Effective Dates).

E.

Standards.  

Adjustment of standards. The Film Liaison may authorize an adjustment from the specific standards deemed necessary or appropriate consistent with the temporary nature of the filming activity.

Other permits required. Filming activities may be subject to additional licenses, inspections, or permits required by applicable local, State, or Federal requirements.

Duration of permit. A Filming Conditional Use Permit shall be effective until the date specified by the Hearing Officer, not to exceed 90 days.

a.

The permit may be extended by the Film Liaison one time without notice and hearings, subject to making the same findings required for the original approval of the permit, in compliance with Subsection H. (Findings and decision) below.

b.

The Hearing Officer may extend the permit up to an additional 90 days beyond the 180 days.

(1)

This extension shall require a noticed public hearing in compliance with Chapter 17.76 (Public Hearings); and

(2)

The Hearing Officer shall have to make the same findings required for the original approval of the permit, in compliance with Subsection H. (Findings and decision), below, before granting this extension.

c.

The permit shall become void if not used within the approved time period.

F.

Findings and decision. The Hearing Officer may approve a Filming Conditional Use Permit, with or without a public hearing and with or without conditions, only after first finding that:

The proposed filming activity would be located and conducted in a manner conforming with the goals, policies, and objectives of the General Plan and the provisions of this Section; and

Approval of the application would not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare.

G.

Conditions of approval.  

Filming Conditional Use Permits. In approving a Filming Conditional Use Permit, the Film Liaison may impose conditions (e.g., hours of operation, lighting, parking, performance guarantees, property maintenance, signs, time limits, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Subsection H. (Findings and decision), above, and to preserve the public health, safety, and general welfare.

General filming conditions.  

a.

Filming, including setup and dismantling of film activity, shall not be done before 7:00 a.m. or after 7:00 p.m. The Film Liaison may extend these hours upon a showing of necessity and upon showing the exception would not disturb the public.

b.

Bull horns, explosions, gunfire, public address systems, sirens, or other noise-creating devices shall not be used in violation of the City's Noise Ordinance. Requests for noise-creating devices shall be reviewed by the City's Police and Fire Departments. A noise monitor may be assigned by the Film Liaison.

c.

Filming Permits shall not be issued for sites where outstanding uncorrected violations of this Zoning Code or the City's adopted Uniform Fire Code exist.

Specified Short-term Filming Permit conditions. The Film Liaison may impose conditions on Short-term Filming Permits for protection of the public, including without limitation the following:

a.

Minimum insurance requirements, including the City as additional insured, with proof of insurance, and provisions forbidding cancellation of insurance in the forms and amounts deemed necessary by the Film Liaison;

b.

A parking plan for vehicles used in the filming session;

c.

Written permission from affected property owner(s) and tenant(s);

d.

Attendance during setup and the filming session by uniformed police officers or firefighters at the applicant's sole cost and expense; and

e.

The Film Liaison may impose additional conditions on Short-term Filming Permits, deemed reasonable and necessary, to ensure preservation of the public health, safety, and general welfare.

Filming activity guidelines. The Council may adopt, by resolution, guidelines to be applied in granting Filming Permits and establishing conditions in compliance with this Section.

H.

Condition of site following temporary use. Each site occupied by a temporary filming activity shall be cleaned of debris, litter, or any other evidence of the filming activity upon completion or removal of the activity, and shall thereafter be used in compliance with the provisions of this Zoning Code. The Film Liaison may require appropriate security before initiation of the filming activity to ensure proper cleanup after the use is finished.

I.

Post-approval procedures for Filming Conditional Use Permits.  

Appeals. Shall be in compliance with Chapter 17.72 (Appeals).

Revocations. A Filming Conditional Use Permit may be revoked by the Film Liaison effective immediately for violation of the terms of the permit.

Modifications. The Film Liaison may require changes in the terms or conditions of an approved Filming Conditional Use Permit at any time while it is in effect if needed to ensure that the activity may continue to operate consistent with the required findings identified in Subsection H, above.

(Ord. 7099 § 43, 2007; Ord. 7057 § 22 (a—e), 2006)

A.

Purpose. This section establishes the procedures for processing applications for public art.

B.

Applicability. Projects shall meet the requirements of Section 17.40.100 (Public Art Requirements and Design Standards). The review authority shall be the Arts and Culture Commission.

C.

Application requirements. An application for a Public Art Component shall be filed in compliance with Chapter 17.60 (Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for Public Art Components.

D.

Arts Commission. The Arts Commission shall be responsible for administering this Section. The Arts Commission shall recommend and the Council, by resolution, shall adopt guidelines to be used in determining whether there has been compliance with this section.

E.

Compliance. A Certificate of Occupancy for a project as defined in Subsection B.1. (Applicable projects) above, shall not be issued until there has been a written determination made by the Arts Commission that there has been compliance with this

Section.

(Ord. 7160 § 57, 2009)