Chapter 19.74 — PERMIT AND VARIANCE REQUIREMENTS

In addition to any other approval required by this Code or by applicable law, the following discretionary approvals may be required:

• A. Administrative Permit (AP). An Administrative Permit shall be obtained pursuant to this title prior to initiation of certain activities or construction of improvements which are permitted pursuant to Articles II, III and IV of this title and only upon compliance with specific standards as specified in this title. The Approving Authority for Administrative Permits shall be the Planning Manager as outlined in Section 19.78.020 (and following public notice, the Planning Manager may waive the requirement for a public hearing). If a public hearing is requested, the Planning Manager shall schedule and notice the permit for public hearing by the Planning Commission except as otherwise specified by this title.

• B. Conditional Use Permit (CUP). A Conditional Use Permit shall be obtained prior to initiation, modification or expansion of a use pursuant to Articles II and III, and upon compliance with specific standards, as applicable, of Article IV of this title. The Approving Authority for Conditional Use Permits shall be the Planning Commission as outlined in Section 19.78.020 .

• C. Design Review Permit, Minor (MDRP). A Minor Design Review Permit shall be obtained prior to the issuance of a building permit for minor improvements to multi-family residential and nonresidential developments, including, but not limited to, the following types of projects:

  1. Minor façade improvements including color changes and/or the introduction of a new exterior building material, provided these are consistent with the Community Design Guidelines and/or the applicable specific plan design guidelines;

  2. A project within the Downtown Specific Plan area which is consistent with the design guidelines and regulations outlined within the Downtown Code; and

  3. Other minor alterations, enlargements or remodels to existing buildings, structures and/or improvements which are: (a) compatible with and in substantial conformance with the existing development and/or the previously approved permit; (b) do not create the need for new parking nor affect existing required parking; and (c) meet all the requirements of this title and the Community Design Guidelines.

With the exception of projects involving a significant building, a MDRP is not required for: a single-family residence or a two-family residence; repair and maintenance including repainting and replacement with same colors and materials; or for projects listed in Section 19.72.020 that are issued a Zoning Clearance Certificate. The Approving Authority for Minor Design Review Permits is the Planning Manager, as outlined in Section 19.78.020 .

building, a MDRP is not required for: a single-family residence or a two-family residence; repair and maintenance including repainting and replacement with same colors and materials; or for projects listed in Section 19.72.020 that are issued a Zoning Clearance Certificate. The Approving Authority for Minor Design Review Permits is the Planning Manager, as outlined in Section 19.78.020 .

If in the opinion of the Planning Manager, a project is not in substantial conformance with applicable adopted design guidelines or prior conditions of approval, or if the Planning Manager determines that, because of location, size or design that the public hearing should not be waived, the Planning Manager may require the project be processed as a modification to the original Design Review Permit, as outlined in subsection (I) below.

• D. Design Review Permit (DRP). A Design Review Permit shall be obtained prior to the issuance of a building permit or improvement plan for the following types of multi-family and nonresidential projects:

  1. New construction of multi-family residential, commercial and industrial projects;

  2. Significant site, circulation, and parking modifications which in the opinion of the Planning Manager, significantly differs from the project originally approved by the Approving Authority, and which the Planning Manager determines will not be processed through a modification;

  3. Demolition of a significant building as defined in Chapter 19.61 of this title, and as otherwise required by this title;

  4. Projects which deviate from the requirements or standards of adopted Community Design Guidelines or an applicable, adopted specific plan;

  5. Any other improvements subject to design review as designated by resolution of the City Council from time to time; and

  6. Any other improvements subject to design review that the Planning Manager determines, based on the project size, complexity, significant changes or other factors, shall be processed through a Design Review Permit.

With the exception of projects involving a significant building, a Design Review Permit is not required; for a single-family residence or a two-family residence; repair and maintenance including repainting and replacement with same colors and materials of multi-family residential or non-residential buildings; for projects processed through a Major Project Permit as outlined in Chapter 19.82 ; for projects processed through a Design Review Permit for Residential Subdivision (DRRS) identified in subsection E ; or for qualified affordable housing projects, as defined in Section 19.95.030(Q)(1), where the applicant has elected to process their qualified project using the City’s Objective Design Standards through the ministerial building permit process in lieu of the City’s discretionary Design Review Permit process. The Approving Authority for a Design Review Permit is the Design Committee, as outlined in Section 19.78.020 , unless the Design Review Permit is being processed in conjunction with any permit where Chapter 19.74 identifies the Planning Commission as the Approving Authority.

s through the ministerial building permit process in lieu of the City’s discretionary Design Review Permit process. The Approving Authority for a Design Review Permit is the Design Committee, as outlined in Section 19.78.020 , unless the Design Review Permit is being processed in conjunction with any permit where Chapter 19.74 identifies the Planning Commission as the Approving Authority.

• E. Design Review Permit for Residential Subdivisions (DRRS). A Design Review Permit for Residential Subdivisions shall be obtained when required in Article II concurrent or following processing an application for a tentative residential subdivision map. The Approving Authority for design review for residential subdivisions is the Planning Commission when processed concurrently with a tentative residential subdivision map, and is the Planning Manager when processed subsequent to approval of a tentative residential subdivision map. If, in the opinion of the Planning Manager, a Design Review Permit for Residential Subdivision is not consistent with the goals and intent of the compact residential component of the Community Design Guidelines, the Planning Manager may refer the application to the Planning Commission.

• F. Extension (EXT). An extension shall be obtained pursuant to the requirements of Section 19.76.210 . The Approving Authority for extensions shall be the Planning Manager, unless the Planning Manager determines that a public hearing is required. The Planning Commission shall be the Approving Authority for all other extensions requiring a public hearing.

• G. Flood Encroachment Permit (FEP). A flood encroachment permit shall be obtained prior to commencement of any use or activity, as listed in Chapter 19.18 , within the floodway or floodway fringe zone. The Approving Authority for a flood encroachment permit shall be the Planning Commission.

• H. Major Project Permit (MPP). A major project permit shall be obtained pursuant to Chapter 19.82 , prior to initiation of construction on a project as defined in Section 19.82.020 . The

Approving Authority for each stage of a major project permit shall be as indicated in Chapter 19.82 .

• I. Modification (MOD). A modification shall be obtained pursuant to the requirements of Section 19.76.180 . The Approving Authority for modifications shall be the Planning Manager, unless the Planning Manager determines that a public hearing is required. If a public hearing is required for a modification, refer to the table in Section 19.78.020 for the Approving Authority of the original entitlement.

• J. Tree Permit (TP). A Tree Permit shall be obtained, pursuant to Chapter 19.66 prior to conducting any regulated activity within the protected zone of a native oak tree or the removal of a native oak tree. The Approving Authority for Tree Permits shall be the Planning Commission, unless the Tree Permit is processed in conjunction with a permit reviewed by the Design Committee (DC) in which case the Approving Authority shall be the DC.

obtained, pursuant to Chapter 19.66 prior to conducting any regulated activity within the protected zone of a native oak tree or the removal of a native oak tree. The Approving Authority for Tree Permits shall be the Planning Commission, unless the Tree Permit is processed in conjunction with a permit reviewed by the Design Committee (DC) in which case the Approving Authority shall be the DC.

• K. Tree Permit, Administrative (ATP). An Administrative Tree Permit shall be obtained, pursuant to Chapter 19.66 prior to conducting any regulated activity within the protected zone of a native oak tree or the removal of a native oak tree, pursuant to Section 19.66.030 . The Approving Authority for Administrative Tree Permits shall be the Planning Manager, unless the Administrative Tree Permit is processed in conjunction with another permit or variance under this title, in which case the Approving Authority shall be the Approving Authority for the other permit or variance.

• (Ord. 5428 § 1, 2014; Ord. 6198 § 1, 2020; Ord. 6363 § 1, 2021; Ord. 6662 § 11, 2023)

• A. Variance (V). A variance shall be obtained to allow deviation from the provisions of this title governing the application of development standards such as parking requirements, lot size, width, setbacks, area and height requirements thereof exceeding 35 percent of the development standard. No variances from permitted uses for any zone district as set forth in this title shall be granted. A variance to reduce parking requirements shall not be processed administratively. The Approving Authority for variances shall be the Planning Commission, except as otherwise identified by this chapter.

• B. Variances, Administrative (AV). An administrative variance shall be obtained to allow deviations from this title governing the application of development standards such as lot size, width, setbacks, area and height requirements thereof up to 35 percent of the development standard. The Approving Authority for administrative variances shall be the Planning Manager.

• (Ord. 5428 § 1, 2014)

A permit normally processed administratively, that is processed with a permit or variance, shall be reviewed by the public hearing Approving Authority for the permit or variance.

Whenever a proposed development or use requires the issuance of more than one permit or variance, the applicable processing requirements of this chapter shall apply simultaneously. (Ord. 5428 § 1, 2014)