Chapter 17.61 — 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 Zoning Code.

B.

Subdivision review procedures. Procedures and standards for the review and approval of subdivision maps are found in Title 16 of the Municipal Code.

C.

Application filing and initial processing. Where applicable, the procedures of this Chapter are carried out after those described in Chapter 17.60 (Application Filing and Processing), for each application.

A.

Purpose. This Section provides a procedure for issuing a Code Compliance Certificate which is a form provided by the City, certifying that a use, structure, or sign complies with this Zoning Code. It shall include a statement that the applicant is the property owner, tenant, or authorized agent.

B.

Certificated issued in error. A Code Compliance Certificate issued in error or based on false, incomplete, or misleading information shall be deemed void.

C.

Business License. A Business License shall not be issued unless a Code Compliance Certificate has been issued by the responsible City official.

D.

Signs. Signs not required to have a Building Permit shall receive a Code Compliance Certificate before their installation or application.

A.

Purpose. Design Review is intended to implement urban design goals and policies and the Citywide design principles in the General Plan and to apply the City's adopted design guidelines to Design Review. More specifically, the purposes of Design Review are to:

Apply Citywide urban design principles to ensure that new construction supports the best of the City's architectural traditions;

Encourage new structures that show creativity and imagination, add distinction, interest, and variety to the community, and are environmentally sustainable;

Promote architectural and design excellence in new construction and discourage poor-quality development;

Ensure that future development should:

a.

Reflect the values of the community;

b.

Enhance the surrounding environment;

c.

Visually harmonize with its surroundings and not unnecessarily block scenic views; and

d.

Avoid nostalgic misrepresentations that may confuse the relationships among structures over time.

Ensure that new landscaping provides a visually pleasing setting for structures on the site;

Promote the protection and retention of landmark, native, and specimen trees and if feasible mature canopy trees and other significant landscaping of aesthetic and environmental value;

Ensure that the design, quality, and location of signs are consistent with the character and scale of the structures to which they are attached and are visually harmonious with surrounding development; and

Promote the conservation, enhancement, preservation, and protection of historic resources.

B.

Applicability. All projects are subject to Design Review in compliance with this Section, excluding exempted projects identified in Subparagraph 5., below.

Review authority. The review authority for Design Review is specified in Tables 6-2 and 6-3, below.

Design Commission may delegate to the Director. The Design Commission may delegate other review and approval functions to the Director.

Role of design guidelines.  

a.

Provide guidance. The approved design guidelines shall provide appropriate guidance to applicants and the applicable review authority (e.g., Design Commission or Director) on how projects subject to Design Review shall be evaluated.

b.

Consistency with design guidelines required. Design Review approval requires a finding of consistency with the applicable design guidelines. (See Subsection K. [Findings], below.)

c.

Adopting new or modified guidelines. The Design Commission shall review and comment on proposed new design guidelines, or modifications to existing guidelines, and shall forward a written recommendation to the Council for its consideration when adopting the new or modified guidelines.

Exemptions and limitations. The following projects are exempt or otherwise limited from Design Review in all districts:

a.

Projects not visible from public view. Projects that in their entirety are not visible from the public right-of-way.

b.

Projects with only partial public view.  

Design Review shall concentrate on those exterior portions of the structure and related features that are in full or partial view from the public right-of-way.

Design Review may also consider interior courtyards and building elevations out of public view in order to improve the visual relationship between new construction and its surroundings, to create more open views and improved access to light and air, and to ensure that predominant architectural and landscaping treatments are appropriately incorporated into the secondary elevations and open space of the structure.

c.

Interior features and interior alterations. Interior features and interior alterations are exempt from Design Review unless they materially affect a structure's appearance from the public right-of-way.

d.

Signs. Signs having no words or symbols exceeding three inches in height and temporary signs and banners are exempt from Design Review.

e.

Sites Identified in previous Housing Elements. Sites designated in previous Housing Elements and included in the current Housing Element Sites Inventory that provide at least 20 percent of housing units for lower-income households and which do not require a subdivision are exempt from design review. Objective design-related development standards may be applied through ministerial review.

TABLE 6-2 - THRESHOLDS FOR DESIGN REVIEW AND DEMOLITION REVIEW IN THE CENTRAL DISTRICT**

Project Type Review Authority

1. New Construction.

Structures up to 5,000 sq. ft.* or residential projects with nine or fewer dwelling units. Director

Structures 5,000 sq. ft.* or more or residential projects with 10 or more dwelling units. Design Commission

2. Existing Structures: Major Rehabilitation and Substantial Alterations.

All Subareas Except In-Town Residential.

Structures up to 10,000 sq. ft.* Director

Structures 10,000 sq. ft.* or more. Design Commission

3. Existing Structures: Minor Rehabilitation and Minor Alterations.

A. All Subareas except Walnut Transit and In-Town Residential.

All structures. Director

B. Walnut Transit.

Historic resources. Director

All other structures. No Review

4. New Storefronts and Alterations to Existing Storefronts.

All structures. Director

5. Signs.

New signs and awnings, replacement of existing building identity signs in existing locations Director (copy/logo change only).

New building identity wall signs. Design Commission

6. Demolition Reviews; Relief from Replacement Building Permit.

Historic resources. Director

Qualifying historic structures, designated or eligible for designation. Design Commission

7. Public Projects.

New construction of structures up to 5,000 sq. ft.* (for projects open to public view) and major Director rehabilitation or substantial alterations to existing buildings up to 10,000 sq. ft. Minor projects, as defined in Section 17.62.030.V, affecting historic resources.

New construction of structures 5,000 sq. ft.* or more and major rehabilitation or substantial Design Commission alterations to existing buildings 10,000 sq. ft.* or more. Major projects, as defined in Section (With advisory review 17.62.030.U, affecting historic resources. by Historic Preservation Commission for projects affecting historic resources)

*Sq. ft. means total amount of gross floor area expressed in square feet. ** Adaptive Reuse Projects meeting applicability criteria in Section 17.50.030.A require design review based on the thresholds in this table, except the Director is the review authority for all such projects.

TABLE 6-3 - THRESHOLDS FOR DESIGN REVIEW OUTSIDE THE CENTRAL DISTRICT AND ALL OTHER DISTRICTS**

Project Type Review Authority

1. New Construction

A. Major Corridors.

Structures 5,000 sq. ft., up to and including 25,000 sq. ft.* (with street frontage). Director

Structures over 25,000 sq. ft.* (with or without street frontage). Design Commission

B. Areas with Specific Plans.

East Colorado, East Pasadena, Fair Oaks-Orange Grove, North Lake Specific Plan and So. Fair Oaks.

Structures 5,000 sq. ft., up to and including 25,000 sq. ft.* (with street frontage). Director

Structures over 25,000 sq. ft.* (with or without street frontage). Design Commission

West Gateway.

Structures up to and including 25,000 sq. ft.* Director

Structures over 25,000 sq. ft.* (with or without street frontage). Design Commission

North Lake.

Additions up to and including 500 sq. ft. except on street-facing elevation. Director

All other projects. Design Commission

C. City of Gardens Standards and Senior Housing in PS District.

Nine or fewer dwelling units. Director

Ten or more dwelling units. Design Commission

All projects in a designated landmark or historic district outside of the Central District. Historic Preservation Commission

D. Elsewhere — Citywide.

Structures 5,000 sq. ft., up to and including 25,000 sq. ft.* (with street frontage). Director

Structures over 25,000 sq. ft.* (with or without street frontage). Design Commission

2. Existing Structures: Major Rehabilitation and Substantial Alterations

A. Major Corridors.

Structures up to and including 25,000 sq. ft.* (with street frontage). Director

Structures over 25,000 sq. ft.* Design Commission

2. Existing Structures: Major Rehabilitation and Substantial Alterations

A. Major Corridors.

Structures up to and including 25,000 sq. ft.* (with street frontage).

Structures over 25,000 sq. ft.* Design Commission

B. North Lake Specific Plan.

Structures up to and including 25,000 sq. ft.* (with street frontage). Director

Structures over 25,000 sq. ft.* Design Commission

3. Existing Structures: Minor Rehabilitation and Minor Alterations.

West Gateway Specific Plan.

Qualifying historic structures, designated or eligible for designation. Director

All other structures. No Review

4. Signs.

New signs and awnings (for all projects requiring Design Review only). Director or Design Commission

5. Service Stations and Vehicle-washing Facilities.

Minor rehabilitation and minor alterations. No Review

Major rehabilitation of an existing facility. Director

New construction of a new facility. Design Commission

6. Public Projects.

New construction of structures up to 5,000 sq. ft.* (for projects open to public view) and major Director rehabilitation or substantial alterations to existing buildings up to 10,000 sq. ft.* Minor projects, as defined in Section 17.62.030.V, affecting historic resources.

New construction of structures 5,000 sq. ft.* or more and major rehabilitation or substantial Design Commission alterations to existing buildings 10,000 sq. ft.* or more. Major projects, as defined in Section (With advisory review 17.62.030.U, affecting historic resources. by Historic Preservation Commission for projects affecting historic resources)

*Sq. ft. means total amount of gross floor area expressed in square feet. ** Adaptive Reuse Projects meeting applicability criteria in Section 17.50.030.A require design review based on the thresholds in this table, except the Director is the review authority for all such projects.

C.

Scope and stages of Design Review.  

Stages of Design Review. Design Review shall consist of the following three stages:

a.

Preliminary consultation; (See Subsection D., below.)

b.

Concept Design Review; and (See Subsection E., below.)

c.

Final Design Review. (See Subsection F., below.)

Combining Design Review. The Director may authorize combining of Concept and Final Design Review into a one-step Consolidated Design Review. (See Subsection G., below.)

May require 50 Percent Design Review.  

a.

As a condition of Concept Design Review, the Design Commission may require an advisory 50 Percent Design Review of a project.

b.

The 50 Percent Design Review shall be advisory and not subject to an appeal or call for review.

D.

Preliminary consultation. Preliminary consultation is an informal discussion between the Director and the applicant to explain to the applicant the applicable design guidelines, findings, and procedures that will apply to the project, and to discuss compliance of the project with the design guidelines.

E.

Concept Design Review.  

Purpose. Concept Design Review is the primary step in the Design Review process. Applications for Concept Design Review normally address the basic design of a project, including compatibility with surroundings, massing, proportion, siting, solid-to-void relationships, and compliance with applicable design guidelines.

Procedures. Concept Design Review applications shall be processed in compliance with Chapter 17.60 (Application Filing and Processing) except as provided in this Section.

Public hearing required. A public hearing shall be held on all Concept Design Review applications for which the Design Commission is the original review authority. The hearing shall be noticed and conducted in compliance with Chapter 17.76 (Public Hearings).

Period of validity. Concept Design Review approval shall be subject to the validity provisions of Chapter 17.64 (Permit Implementation, Time Limits, and Extensions).

F.

Final Design Review.  

Purpose. Final Design Review is the final phase of the review process. It normally focuses on construction details, finishes, materials, and landscaping, and on consistency of the project with the design approved during Concept Design Review and compliance with the conditions of the approved Concept Design Review.

Review authority. The Director shall be the review authority for Final Design Review, unless the Design Commission, acting as review authority during Concept Design Review, requires that it also conduct Final Design Review.

Public hearing not required. A public hearing is not required for Final Design Review.

Period of validity. Final Design Review approval shall be subject to the validity provisions of Chapter 17.64 (Permit Implementation, Time Limits, and Extensions).

G.

Consolidated Design Review.  

One-step procedure. The Director may authorize consolidating Concept and Final Design Review applications into a one- step procedure. Adaptive Reuse Projects that meet the applicability criteria in Section 17.50.030.A shall be subject to Consolidated Design Review procedures.

Comply with Concept procedures. Applications for Consolidated Design Review shall be processed in compliance with the procedures for Concept Design Review.

Period of validity. The period of validity shall be the same as for Final Design Review.

H.

Expedited Design Review.  

Awnings, paint colors, and signs. Applications for awnings, paint colors, and signs that meet the following criteria may be approved at the sole discretion of the Director, but with a five-day appeal period in compliance with Chapter 17.72 (Appeals):

a.

Application is to replace a similar item existing on the structure in the same general location (e.g., like for like);

b.

Awning fabric replacement;

c.

Change of a face panel or copy on an existing sign;

d.

Change of logo/graphics for an existing sign;

e.

Paint scheme changes;

f.

Replacing a projecting, flat-paneled sign on an existing bracket(s); and

g.

Wall-mounted sign with no interior illumination.

Required findings; Compliance with Zoning Code and consistency with design guidelines. In all cases the request shall comply with the awning and sign regulations in the Zoning Code and shall be consistent with the design guidelines — as determined to be applicable by the Director.

I.

Procedures.  

Standard procedures. The provisions of Chapter 17.60 (Application Filing and Processing) shall apply to the Design Review process, except as modified by this Section.

Time limits on Director's decisions. Where the Director is the review authority, and a public hearing is not required, the Director shall render a decision on the application, and provide written notice thereof to the applicant, within 15 days of finding the application complete.

Notice of decision. Written notice of all decisions on Design Review applications shall be provided to the applicant after the decision is made.

Effective date. Final action on a Design Review shall be effective on the 11th day after the date of the decision, in compliance with Chapter 17.64 (Permit Implementation, Time Limits, and Extensions).

Design conditions.  

a.

Changes in a project required as a condition of Design Review approval may include density, height, open space, parking or loading, and sign requirements, as long as the conditions are not more restrictive than those prescribed by applicable zoning district regulations or a valid Adjustment Permit, Conditional Use Permit, Development Agreement, Master Plan, Planned Development, Variance, or other legislative or zoning entitlements.

b.

The role of Design Review for projects proposing new and amended Master Plans and Planned Developments shall be limited to recommendations to the Commission and Council on aesthetic and urban design issues related to architecture, landscaping, site plan, and related aesthetic issues, as well as historic preservation. Additionally, recommendations regarding the future scope of Design Review for the area within a Master Plan, and comments on the aesthetic/cultural resources of a draft environmental study are appropriate.

c.

Design Review may require appropriate site plan revisions (e.g., different arrangements of open space), as well as revisions to the proposed building massing and transitions in scale of the structure(s), especially in historic districts to achieve greater compatibility between new construction and existing historic resources.

Modifications.  

a.

Minor changes. The Director or the Design Commission may, without notice or public hearing, approve minor changes to the plans, elevations, or conditions of approval upon determining that the changes are minor and consistent with the intent of the original approval.

b.

Major changes. Major changes shall be subject to the provisions governing changes to an approved project in compliance with Chapter 17.64 (Permit Implementation, Time Limits, and Extensions).

J.

Public hearing provisions.  

Standard notice provisions. Where a public hearing is required, notice shall be given and the hearing shall be conducted in compliance with Chapter 17.76 (Public Hearings).

Notice for alteration projects. Where the project for which the hearing is held involves only alterations, mailed and posted notice shall be distributed within 500 feet of the subject site's boundaries, in compliance with Chapter 17.76 (Public Hearings).

Combined notice allowed. Combined notice may be given where:

a.

A project requires a discretionary permit, in addition to Design Review, in compliance with this Zoning Code;

b.

The permit will authorize construction of the project; and

c.

The hearing for the permit is held before the Design Review hearing.

Combined notice provisions.  

a.

In these cases, the hearing notice for the Design Review hearing may be combined with the hearing notice for the underlying permit hearing and a separate hearing notice for the Design Review hearing need not be prepared and distributed.

b.

The hearing notice shall state that a hearing on the design of the project will be held at a future date, and shall identify the name, address, and phone/fax number or e-mail address of a staff person to contact for information regarding the Design Review hearing date.

K.

Findings. The following findings shall be made before approval of a Design Review application.

For all applications. The project's design is consistent with  

a.

The purposes of this Section; and

b.

Any applicable design guidelines adopted by the Council.

Historic resources. In addition to the two findings identified in Subparagraph 1., above, the alteration to a designated historic resource or resource qualifying for a historic designation is consistent with the Secretary's Standards.

Alterations to structures with 6L or 7N status code. In addition to the two findings in Subparagraph 1., above, the alteration to a structure with 6L or 7N status code in the Central District is consistent with the Secretary's Standards, or alternatively, with other adopted design guidelines. The Director may choose not to apply these standards due to a loss of historic integrity, as defined in Section 17.62.030.Q, or setting.

Demolitions, relocations, and demolitions without a Building Permit for a replacement structure in the Central District. In addition to the two findings identified in Subparagraph 1., above, the demolition, relocation, and demolition without a Building Permit for a replacement structure in the Central District is consistent with the findings identified in Section 17.62.090 (Alteration, Demolition, or Relocation of a Historic Resource).

(Ord. No. 7443, § 5, 3-3-2025; Ord. No. 7419, § 4, 2-26-2024; Ord. No. 7414, § 11, 9-11-2023; Ord. 7372 §§ 7, 8, 2021; Ord. 7215 §§ 2—4, 2011; Ord. 7160 § 58, 2009; Ord. 7139 § 8 (Exh. 2, 3), 2008; Ord. 7129 § 4, (Exh. C), 2008; Ord. 7099 § 41, (Exh. 25), 2007)

A.

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

Allow for short-term activities requiring individual consideration but not intensive review; 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. Temporary land use activities shall not be conducted, established, or operated in any manner without the approval and maintenance of a valid permit, if required in compliance with this Section. The following categories of temporary uses identify the level of permit required, if any, based on the proposed duration, size, and type of use:

Exemptions. Exempt temporary uses are identified in Subsection C. (Exempt temporary uses), below;

Allowed by right. Temporary uses identified by Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) as allowed by right, subject to compliance with applicable standards (e.g., tents); or

Temporary Use Permit required. Temporary Use Permits are required for all activities identified in Subsection D. (Allowed temporary uses), 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 uses), below.

City Hall. Any temporary activities conducted at City Hall.

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.

Emergency facilities. Emergency public health and safety needs/land use activities.

Filming Permit. Activities associated with an approved Filming Permit.

Rose Bowl site, City parks, and streets. An activity in which the City has granted a Special Event Permit or which has authorization for an activity from the Director of Public Works.

Car washes. Car washes conducted by a qualifying sponsoring organization on nonresidential 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 Internal Revenue Code. Temporary Car washes shall not occur on a site more than four times per calendar year and may not operate for a continuous period of more than 72 hours

D.

Allowed temporary uses. The following temporary uses may be allowed, subject to the issuance of a Temporary Use Permit by the Zoning Administrator. 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.

Construction yards - Off-site. Off-site contractors' construction yards, in conjunction with an approved construction project for a maximum period of 12 months. 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.7., below, regarding temporary work trailers.)

Events. The following events are allowed in non-residential districts.

a.

Amusement rides, animal shows, arts and crafts exhibits, auctions, carnivals, circuses, concerts, fairs, festivals, flea markets, food events, outdoor entertainment/sporting events, rodeos, rummage sales, second-hand sales, and swap meets for 12 consecutive days or less, or six two-day weekends, within a 12-month period.

b.

Farmers' markets conducted on a weekly basis for a maximum period of 12 months.

c.

Outdoor meetings or religious assembly, for 12 consecutive days or less, within a 90-day/12-month period.

d.

Outdoor meetings, group activities, or sales within parking areas, for seven consecutive days or less, within a 90-day period.

Outdoor displays/sales. The temporary outdoor display/sales of merchandise (e.g., parking lot or sidewalk sales), in compliance with Section 17.50.180 (Outdoor Display, Storage, and Seasonal Sales) shall be allowed only in compliance with the following:

a.

These activities shall be:

(1)

Allowed only on weekends or on legal holidays and in nonresidential districts; and

(2)

Limited to two events in a 12-month period. (Sales on consecutive days are considered one event.)

b.

Before conducting the event, all businesses sharing the parking lot shall consent to the event in writing with copies presented to the Zoning Administrator.

c.

Only businesses immediately adjacent to a particular parking lot may utilize that lot for the sale.

d.

The hours of the event shall be the same as those normally followed by the participating businesses.

e.

A maximum of 25 percent of the existing parking spaces in a particular parking lot may be utilized for the sale.

f.

The merchandise displayed shall:

(1)

Be regularly sold on the same site;

(2)

Be removed from the parking lot at the close of each business day; and

(3)

Not impede the flow of pedestrian and vehicular traffic through the parking lot.

g.

All parking lot entrances and exits shall be kept clear.

h.

Any activity proposed within a public right-of-way shall require an Encroachment Permit from the Public Works Department.

i.

For outdoor display/sale activities related to the Rose Bowl and Rose Parade, the Zoning Administrator may modify the standards identified in this Subparagraph, above.

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. The application may be approved for a maximum time period of 18 months.

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. The application for a temporary real estate office may be approved for a maximum time period of 18 months.

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 12 months, as an accessory use or as the first phase of a development project, in the commercial and industrial zoning districts.

Temporary work trailers.  

a.

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

(1)

During construction of a subdivision or other development project when a valid Building Permit is in force; or

(2)

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 12 months.

Similar temporary uses. Similar temporary uses which, in the opinion of the Zoning Administrator, 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 procedures, and action. An application for a Temporary Use Permit shall be filed with the Department and processed in the following manner.

Application requirements. An application for a Temporary Use Permit shall be filed in compliance with Chapter 17.60 (Application Filling and Processing). The application shall be accompanied by the information identified in the Department handout for Temporary 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.

Time for filing. An application for a Temporary Use Permit shall be submitted for approval, in compliance with this Section, at least 10 days before the date that the proposed use is scheduled to take place.

Applicable review authority. The Zoning Administrator shall be the applicable review authority for Temporary Use Permits.

Public hearing requirements. Notice of a public hearing shall not be required for the Zoning Administrator's decision on a Temporary Use Permit.

Action. The Zoning Administrator shall make a decision on the application within three days of deeming the application complete, in compliance with Section 17.60.060 (Initial Application Review).

Effective dates. A Temporary Use Permit shall be effective one day after its approval.

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.

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

Removal of materials and structures associated with the temporary use. All materials and structures associated with the temporary use shall be removed from the site within 10 days from the actual termination of operations, or after the expiration of the Temporary Use Permit, whichever first occurs.

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

Duration of permit.  

a.

A Temporary Use Permit shall be effective until the date specified by the Zoning Administrator, and not exceed 45 days, unless otherwise specified in this Section.

b.

A Temporary Use Permit for a farmers' market shall be effective until the date specified by the Zoning Administrator, and not exceed 12 months.

c.

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

G.

Findings and decision. The Zoning Administrator may approve, conditionally approve, or disapprove an application for a Temporary Use Permit. The Zoning Administrator may defer action and refer the application to the Commission for review and decision at a scheduled public hearing. The Zoning Administrator may approve a Temporary Use Permit only after first finding that:

The proposed temporary use would be located, operated, and maintained in a manner in conformance with the goals, policies, and objectives of the General Plan and the provisions of this Zoning Code.

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 or improvements in the surrounding area or to the public health, safety, or general welfare of the City; and

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 Zoning Code.

H.

Conditions of approval. In approving a Temporary Use Permit, the Zoning Administrator may impose conditions (e.g., buffers, hours of operation, landscaping and maintenance, lighting, 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, and to preserve the public health, safety, and general welfare.

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 Zoning Code. The Zoning Administrator may require appropriate security before initiation of the use to ensure proper cleanup after the use is finished.

J.

Post-approval procedures.  

General procedures. The general 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 a Temporary Use Permit application.

Specific Temporary Use Permit procedures.  

a.

Appeal. Only the applicant may appeal a decision on a Temporary Use Permit.

b.

Revocation. A Temporary Use Permit may be revoked by the Zoning Administrator effective immediately upon verbal or written notice for violation of the terms of the permit.

c.

Modification. The Zoning Administrator may require changes in the terms or conditions of an approved Temporary Use Permit at any time while it is in effect, if needed to ensure that the use may continue to operate consistent with the required findings identified in Subsection H., above.

(Ord. 7160 § 53, 2009; Ord. 7057 § 19, 2006; Ord. 7009 § 24, 2005)

A.

Purpose. Conditional Use Permits are intended to allow for activities and uses which may be desirable in the applicable zoning district and compatible with adjoining land uses, but whose effect on a site and its surroundings cannot be determined before being proposed for a particular location. The procedures of this Section provide for the review of the configuration, design, location, and potential impacts of the proposed use in order to evaluate the compatibility of the proposed use with surrounding uses, and the suitability of the use to the site.

B.

Applicability. A Conditional 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 a Conditional Use Permit, as well as by other specified sections of this Zoning Code (e.g., shared parking provisions [17.46.050]).

C.

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

D.

Review authority.  

Conditional Use Permits and Minor Conditional Use Permits shall be reviewed by the Hearing Officer and may be granted in compliance with the following:

a.

The Hearing Officer may grant a Conditional Use Permit or Minor Conditional Use Permit for any use listed in Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) as requiring a Conditional Use Permit or Minor Conditional Use Permit, as well as by other specified sections of this Zoning Code; or

b.

The Hearing Officer may defer action and refer the application directly to the Board of Zoning Appeals (BZA).

Administrative Conditional Use Permits and Administrative Minor Conditional Use Permits shall be reviewed by the Director and may be granted in compliance with the following:

a.

The Director may grant an Administrative Conditional Use Permit or Administrative Minor Conditional Use Permit for any use listed in Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) as requiring an Administrative Conditional Use Permit or Administrative Minor Conditional Use Permit, as well as by other specified sections of this Zoning Code; or

b.

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

E.

Minor Conditional Use Permits. Minor Conditional Use Permits may be granted for only the following land use activities, in addition to those listed in Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards):

Auctions, for more than two days each month for the sale of items (e.g., antiques, collectibles, household components, motor vehicles, etc.) authorized to be sold by the auctioneer;

Alteration or expansion of a nonconforming use in compliance with Section 17.71.080.E. (Alteration or enlargement of a nonconforming use shall require a permit);

Temporary classrooms, offices, or similar structures, including a manufactured or mobile unit, which may be approved for a time period exceeding 12 months from the date of original approval, as an accessory use or as the first phase of a development project; and

Temporary enclosed storage, unrelated to a construction project, that may be approved for a time period exceeding 12 months from the date of original approval.

F.

Reserved.  

G.

Project review, notice, and hearing.  

Conditional Use Permits and Minor Conditional Use Permits.  

a.

The procedure for a Minor Conditional Use Permit shall be the same as for a Minor Variance, including those for notice and hearing upon request.

b.

Each application shall be analyzed by the Zoning Administrator to ensure that 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 Conditional Use Permit. The Zoning Administrator shall submit a recommendation and may submit a staff report to the Hearing Officer for consideration of a Minor Conditional Use Permit.

c.

The applicable review authority shall conduct a public hearing on an application for a Conditional Use Permit (Major and Minor) before the approval or disapproval of the permit.

d.

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

e.

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

Administrative Conditional Use Permits and Administrative Minor Conditional Use Permits.  

a.

Administrative Conditional Use Permits and Administrative Minor Conditional Use Permits. The procedure for an Administrative Conditional Use Permit or an Administrative Minor Conditional Use Permit shall be the same as for a Conditional Use Permit and Minor Conditional Use Permit except no public notice or hearing is required. 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.

H.

Findings and decision. Following a public hearing, the applicable review authority may approve, conditionally approve, or disapprove an application for a Conditional Use Permit. The review authority may approve a Conditional Use Permit (Major, Minor, or Administrative) only after first finding that:

The proposed use is allowed with a Conditional Use Permit (Major, Minor, or Administrative) or Hillside Development Permit within the applicable zoning district and complies with all applicable provisions of this Zoning Code;

The location of the proposed use complies with the special purposes of this Zoning Code and the purposes of the applicable zoning district;

The proposed use is in conformance with the goals, policies, and objectives of the General Plan and the purpose and intent of any applicable specific plan;

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 would be compatible with the existing and future land uses in the vicinity in terms of aesthetic values, character, scale, and view protection.

I.

Master Plans. Master Plans, also known as Master Conditional Use Permits, shall be processed in compliance with the following provisions:

Purpose. The purposes of this Subsection are to:

a.

Establish a procedure which reduces processing time and uncertainty by consolidating several Conditional Use Permit hearings over an extended period of time; and

b.

Ensure orderly and thorough City review of expansion plans for certain public or semi-public and open space uses, resulting in more compatible and desirable development.

Applicability.  

a.

Requirement. The Director may require any use in the PS or OS district to submit a Master Plan application, appropriate environmental documents, and plans as required by Subparagraph I.3., below. Outside of the PS and OS districts, the Director may require any public, semi-public use to submit a Master Plan application as required by Subparagraph I.3. below. A Master Plan may be required and submitted even if construction is not imminent.

b.

Projects that are consistent. After a Master Plan is approved by the Council, proposed projects consistent with the plan, as determined by the Director, shall not require a Conditional Use Permit or a Minor Conditional Use Permit, but shall comply with all other applicable requirements of this Zoning Code.

c.

Projects that are inconsistent.  

(1)

If a project that is inconsistent with an approved Master Plan is proposed for a site located within an area covered by a Plan, an application shall be filed for an amendment to the plan, in compliance with Subparagraph 6.c. (Amendments), below.

(2)

In the alternative, the Director may allow an applicant to apply for a Conditional Use Permit (Major or Minor), if the permit would be required in the absence of the Master Plan, for only the following projects:

(a)

Changes in parking involving 25 or fewer cars or 300 square feet or less of parking area;

(b)

Fences and walls;

(c)

Landscaping changes;

(d)

Minor changes in internal parking lot circulation;

(e)

Structures of 5,000 square feet or less of gross floor area; and

(f)

Other changes determined to be minor by the Director.

Procedures, requirements, review, and findings.  

a.

Standard procedure. Master Plans shall be processed in compliance with this Section, except as provided in this Subsection.

b.

Review authority. The Council shall be the applicable review authority for Master Plans.

c.

Application requirements. An application for a Master Plan shall be filed in compliance with Chapter 17.60 (Application Filling and Processing). The application shall be accompanied by the information identified in the Department handout for Master Plan applications. The applicant shall be responsible for providing the evidence in support of the findings required by Subsection G. (Findings and decision) above.

d.

Commission's review. Before consideration by the Council, each Master Plan application shall be reviewed by the Commission in compliance with Chapter 17.76 (Public Hearings). The Commission's review shall be advisory to the Council and shall include a written recommendation on the required findings.

e.

Historic Preservation Commission's (HPC) review. The Historic Preservation Commission (HPC) shall review and make a recommendation directly to the Council on a proposed Master Plan only if the plan:

(1)

Includes any area within a Landmark Overlay District or Historic District;

(2)

Proposes alteration, demolition, or removal of a landmark, a historic resource, or a work of Greene and Greene; or

(3)

Includes other historic resources determined to be significant by the Director.

f.

Design Commission's review. The Design Commission (DC) shall review and make a recommendation to the Commission on each proposed Master Plan application.

g.

Community Development Committee's review. The Community Development Committee shall review Master Plan applications submitted for projects located within redevelopment areas for consistency with an adopted Redevelopment Plan.

h.

Findings. The findings required for a Conditional Use Permit, in compliance with Subsection H. (Findings and decision), above, shall be required for a Master Plan.

Variance authority. If the Master Plan includes an application for a Variance, the applicable review authority shall have the authority to approve, conditionally approve, or disapprove the Variance, in compliance with the required Variance findings identified in Subsection 17.61.080G. (Findings and decision).

Expiration, amendments, and subsequent review.  

a.

Expiration. A Master Plan and any other entitlement that were approved as part of the Master Plan shall expire on the date designated by the applicable review authority only if no building permits have been issued or the Master Plan has not been renewed.

b.

Renewal. An approved Master Plan may be renewed for a period approved by the Commission, without notice or public hearing, if the Commission determines that findings made and conditions imposed on the original approval still apply. The renewal period, if approved, shall specify the new expiration date of the plan. Application for renewal shall be made in writing before expiration of the original approval.

c.

Amendments. The Council may approve, conditionally approve, or disapprove an application for an amendment to an approved Master Plan. The application shall be processed with the same procedures and fees as required for Master Plan applications. Design Commission and Historic Preservation Commission review is not required when the scope of the amendment is limited to operational or non-construction changes. The City's review of the proposed amendment shall be limited to the scope of the application, and shall not address reconsideration of aspects of the existing Master Plan, including conditions of approval, that are not the subject of the application, except as these aspects may be affected by the proposed amendment.

d.

Five-year review required.  

(1)

All Master Plans shall be reviewed by the Director, or other review authority designated by the Council when it approves the plan, every five years, commencing the fifth year after the approval date of the Master Plan, for compliance with the features of the plan and conditions of approval.

(2)

The applicant shall submit documentation demonstrating compliance with the features of the plan and conditions of approval for review by the Director.

(3)

The owner shall be notified in writing of the review authority's determination.

(4)

If the review authority finds noncompliance with the plan or the conditions of approval, the Director may:

(a)

Withhold building and other permits for any development within the area covered by the plan until compliance is achieved; and/or

(b)

Schedule a public hearing before the Council for revocation or modification of the Master Plan. The hearing shall be noticed as required for a hearing for adoption of a Master Plan.

Controlling provisions. The requirements of this Subsection shall apply to Master Plans, in lieu of the renewal, modification, and reapplication provisions of Chapter 17.64 (Permit Implementation, Time Limits, and Extensions).

J.

Specialized Conditional Use Permits and Minor Conditional Use Permits. If an application for a Conditional Use Permit or a Minor Conditional Use Permit involves one of the situations specified below, special notice and finding requirements shall be in compliance with the following:  

Alcohol sales. Hearing notices and findings for Conditional Use Permit applications for the sale of alcohol shall be as follows:

a.

Off-site alcohol consumption. The hearing notices shall be posted within 1,000 feet of the subject site, if the site abuts a residential zoning district.

b.

Findings. In lieu of the regular Conditional Use Permit findings identified in Subsection H. (Findings and decision), above, the following findings shall be made before approval of a Conditional Use Permit to sell alcohol:

(1)

The proposed location of the site for the Conditional Use Permit would not:

(a)

Adversely affect the general welfare of the surrounding property owners;

(b)

Result in an undesirable concentration of premises for the sale of alcoholic beverages, including beer and wine, in the area;

(c)

Detrimentally affect the nearby surrounding area after giving special consideration to the proximity and nature of the proposed use with respect to the following:

i.

Residential uses and residential zoning districts;

ii.

Hospitals, park and recreation facilities, places of public assembly, public or private schools, and religious assembly uses that attract minors and other similar uses; and

iii.

Other establishments offering alcoholic beverages (including beer and wine) for sale for consumption both on- and off-site.

(d)

Aggravate existing problems created by the sale of alcohol (e.g., littering, loitering, noise, public drunkenness, and sales to minors); and

(e)

The proposed use is in conformance with the goals, policies, and objectives of the General Plan and the purpose and intent of any applicable specific plan.

(2)

The public convenience or necessity is served. This additional finding shall apply only to applications for Conditional Use Permits that the State Department of Alcohol Beverage Control (ABC) determines are located in an area of undue concentration as defined by State law (California Business and Professions Code Section 23958.4.)

Major construction.  

a.

Applicability. A Conditional Use Permit shall be required for new construction of a nonresidential project or a nonresidential portion of a mixed use project that exceeds 25,000 square feet of gross floor area as contained on the Land Use Tables in