Chapter 17.23
CLASS II APPLICATIONS—DISCRETIONARY
Sections:
17.23.030 Review Authority and Related Procedures.
17.23.040 Application Filing, Fees, and Initial Review.
17.23.060 Post-Decision Procedures.
17.23.100 Administrative Permit.
17.23.110 Architectural Design Review.
17.23.130 Hillside Development Review.
17.23.140 Home Occupation Permit.
17.23.150 Landscape Plan Review.
17.23.160 Lot Line Adjustments.
17.23.180 Requests for Reasonable Accommodations.
17.23.200 Temporary Use Permit.
17.23.010 Purpose.
The Class II application is a discretionary process for reviewing uses that may be appropriate in the applicable underlying zone, but whose effects on a site and surroundings cannot be determined before being proposed for a specific site. Class II applications do not require noticing nor a public hearing unless otherwise stated. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.23.020 Applicability.
A. Underlying Zones. A Class II application is required to authorize uses identified in Division 5 of this title (Use Classifications and Required Parking) as being permitted with a Class II application in the applicable underlying zone.
B. Other Specific Uses. A Class II application may also be required for use types having unusual site development features or operating characteristics requiring special consideration so that they may be designed, located, and operated compatibly with uses on adjacent properties and in the surrounding area. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.23.030 Review Authority and Related Procedures.
A. Decision. A Class II application shall be approved or denied by the review authority in compliance with Table 17.06-1 (Review Authority), and any additional requirements or review criteria for a Class II application established in this code.
B. Referral. The review authority may refer a Class II application to the next higher review authority for consideration and decision. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.23.040 Application Filing, Fees, and Initial Review.
Applications for a Class II application shall be in compliance with Sections 17.06.040 (Multiple Applications), 17.06.060 (Application Filing and Withdrawal), 17.06.070 (Fees and Deposits), and 17.06.080 (Initial Application Review). (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.23.050 Decision.
The Director shall either approve, approve with conditions, approve with modifications, refer the request to the Commission, or deny the application for a proposed use, modification, or development based on the following:
A. That the use, development of land, or application of development standards is in compliance with all applicable provisions of this code;
B. That the use, development of land, or application of development standards, when considered on the basis of the suitability of the site for the particular use or development intended, is so arranged as to avoid traffic congestion, insure the protection of public health, safety, and general welfare, prevent adverse effects on neighboring property and is in conformity with good zoning practice; and
C. That the use will be consistent with the General Plan. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.23.060 Post-Decision Procedures.
Class II application post-decision procedures shall be in compliance with Sections 17.06.160 (Notice of Action and Findings), 17.06.170 (Effective Date of Decision), 17.06.180 (Scope of Approvals), 17.06.190 (Conditions of Approval), 17.06.200 (Use of Property before Final Action), 17.06.210 (Approvals Run with the Land), 17.06.220 (Performance Guarantees and Covenants), 17.06.230 (Time Limits and Extensions), and 17.06.240 (Resubmission of Application). (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.23.100 Administrative Permit.
Subsections:
A. Purpose.
B. Applicability.
C. Application Filing, Fees, and Project Review.
D. Findings.
E. Conditions of Approval.
A. Purpose. This section establishes procedures and requirements for the construction of permitted structures and uses and the initiation of permitted uses as required by the Director. Through an administrative permit, the Director shall ensure that the project complies with all of the provisions of the code and the General Plan, and other applicable requirements. In order to achieve this, the Director is empowered to grant approval with conditions for uses in zones as prescribed in this code, and to impose reasonable conditions upon the granting of an administrative permit.
B. Applicability. In order to safeguard and enhance the appearance and quality of development in the City, administrative permit approval shall be required prior to the issuance of any building permit for new single-family homes, additions, and activities or construction of improvements which are permitted at the discretion of the Director. An administrative permit shall be filed as a Class II application, subject to this chapter.
C. Application Filing, Fees, and Project Review. Applications for an administrative permit shall be in compliance with this chapter. In the case of an administrative permit for the installation of a wireless communication facility in the City right-of-way, a written notice of the application shall be transmitted to Council and Commission.
D. Findings. The review authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision).
E. Conditions of Approval. In approving a Class II permit application for an administrative permit, the review authority may impose such conditions as deemed necessary to ensure that the administrative permit will be in accordance with the findings required by subsection (D) of this section (Findings), subject to the performance of such conditions, including the provision of required improvements as the Director shall deem to be reasonable and necessary, or advisable under the circumstances, so that the objectives of the code, General Plan, adopted design guidelines, Commission, and Council policies shall be achieved. Conditions may include, but are not limited to, provisions for or limitations to the following:
1. In order to ensure the performance of conditions imposed concurrent with the granting or modification of an administrative permit, the applicant may be required to furnish security in the form of money or surety bond in the amount fixed by the authority granting or modifying the administrative permit. Such security shall be furnished as required by this code;
2. Whenever an administrative permit approval is granted or modified subject to the condition that specified improvements be provided by the applicant, such improvements shall be installed by the applicant and approved and accepted by the City pursuant to local ordinance to make such improvements prior to the time of events specified in the administrative permit. Improvements may include but not be limited to curbs, gutters, landscape medians, sidewalks, street pavement, street lights, street trees, and off-site improvements as deemed necessary by the City;
3. Such other conditions as the review authority may deem necessary to ensure compatibility of the use with surrounding developments and uses and to preserve the public health, safety, or welfare. (Ord. 13-8 § 4 (Exh. A), 6/11/13; Ord. 15-11 § 5 (Exh. A), 12/8/15; Ord. 21-1 § 6 (Exh. A), 1/26/21)
17.23.110 Architectural Design Review.
Subsections:
A. Purpose.
B. Applicability.
C. Application Filing, Fees, and Project Review.
D. Findings.
E. Conditions of Approval.
A. Purpose. This section establishes procedures and requirements for the redesign, renovation, or alteration of existing permitted structures as required by the Director. Through architectural design review, the Director shall ensure that the architecture complies with all of the provisions of the code, the General Plan, and other applicable requirements. In order to achieve this, the Director is empowered to grant approval with conditions for uses in zones as prescribed in this code, and to impose reasonable conditions upon the granting of an architectural design review.
B. Applicability. In order to safeguard and enhance the appearance and quality of development in the City, architectural design review approval shall be required prior to the issuance of any building permit for additions, alterations, and/or redevelopment of single-family, multifamily, commercial, industrial buildings, and/or parking facilities at the discretion of the Director. An architectural design review shall be filed as a Class II application, subject to this chapter.
C. Application Filing, Fees, and Project Review. Applications for an architectural design review shall be in compliance with this chapter.
D. Findings. The review authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision).
E. Conditions of Approval. In approving a Class II permit application for a architectural design review, the review authority may impose such conditions as deemed necessary to ensure that the architectural design review will be in accordance with the findings required by subsection (D) of this section (Findings), subject to the performance of such conditions, including the provision of required improvements as the Director shall deem to be reasonable and necessary, or advisable under the circumstances, so that the objectives of the code, General Plan, adopted design guidelines, Commission and Council policies shall be achieved. Conditions may include, but are not limited to, provisions for or limitations to the following:
1. In order to ensure the performance of conditions imposed concurrent with the granting or modification of an architectural design review, the applicant may be required to furnish security in the form of money or surety bond in the amount fixed by the authority granting or modifying the architectural design review. Such security shall be furnished as required by this code;
2. Whenever an architectural design review approval is granted or modified subject to the condition that specified improvements be provided by the applicant, such improvements shall be installed by the applicant and approved and accepted by the City pursuant to local ordinance to make such improvements prior to the time of events specified in the architectural design review approval;
3. Whenever an architectural design review approval is granted or modified subject to the condition that specified improvements be provided by the applicant, such improvements shall be installed by the applicant and approved and accepted by the City pursuant to local ordinance to make such improvements prior to the time of events specified in the architectural design review approval. Improvements may include but not be limited to curbs, gutters, landscape medians, sidewalks, street pavement, street lights, street trees, and off-site improvements as deemed necessary by the City;
4. Such other conditions as the review authority may deem necessary to ensure compatibility of the use with surrounding developments and uses and to preserve the public health, safety, or welfare. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.23.120 Development Review.
Subsections:
A. Purpose.
B. Applicability.
C. Application Filing, Fees, and Project Review.
D. Findings.
E. Conditions of Approval.
A. Purpose. This section establishes procedures and requirements for the construction of permitted structures and the initiation of permitted uses. Through development review, the Director shall ensure that the project complies with all of the provisions of the code, the General Plan, and other applicable requirements. In order to achieve this, the Director is empowered to grant approval with conditions for uses in zones as prescribed in this code, and to impose reasonable conditions upon the granting of a development review.
B. Applicability. In order to safeguard and enhance the appearance and quality of development in the City, development review approval shall be required prior to the issuance of any building permit for single-family subdivision developments, multiple-family developments, mobilehome parks, commercial, or industrial establishments, including additions, major alterations, and/or redevelopment thereof, at the discretion of the Director. A development review shall be filed as a Class II application, subject to this chapter.
C. Application Filing, Fees, and Project Review. Applications for a development review shall be in compliance with this chapter.
D. Findings. The review authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision).
E. Conditions of Approval. In approving a Class II permit application for a development review, the review authority may impose such conditions as deemed necessary to ensure that the development review will be in accordance with the findings required by subsection (D) of this section (Findings), subject to the performance of such conditions, including the provision of required improvements as the Director shall deem to be reasonable and necessary, or advisable under the circumstances, so that the objectives of the code, General Plan, adopted design guidelines, Commission, and Council policies shall be achieved. Conditions may include, but are not limited to, provisions for or limitations to the following:
1. In order to ensure the performance of conditions imposed concurrent with the granting or modification of a development review, the applicant may be required to furnish security in the form of money or surety bond in the amount fixed by the authority granting or modifying the development review. Such security shall be furnished as required by this code;
2. Whenever a development review approval is granted or modified subject to the condition that specified improvements be provided by the applicant, such improvements shall be installed by the applicant and approved and accepted by the City pursuant to local ordinance to make such improvements prior to the time of events specified in the development review approval. Improvements may include but not be limited to curbs, gutters, landscape medians, sidewalks, street pavement, street lights, street trees, and off-site improvements as deemed necessary by the City;
3. Such other conditions as the review authority may deem necessary to ensure compatibility of the use with surrounding developments and uses and to preserve the public health, safety, or welfare; and
4. Whenever a development review application is approved or modified by the approving authority subject to a condition or conditions, use or enjoyment of the development review approval in violation of or without observance of any such conditions shall constitute a violation of the code and project approval may be revoked or modified as provided in Chapter 17.08 (Revocations and Revisions). (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.23.130 Hillside Development Review.
Subsections:
A. Purpose.
B. Applicability.
C. Application Filing, Fees, and Project Review.
D. Project Notice and Required Actions.
E. Findings.
A. Purpose. This section establishes procedures and requirements for development on hillside properties. It is the intent of this section to regulate the development and alteration of hillside areas, to minimize the adverse effects of hillside development.
B. Applicability. The provisions of this section shall be applied to parcels of land having average cross slopes of ten percent (10%) or more as determined to be applicable by the Director, and shall be subject to the issuance of a permit for hillside development review.
C. Application Filing, Fees, and Project Review. Applications for a hillside development review shall be in compliance with this chapter and Chapter 17.25 (Class IV Applications—Discretionary) as determined below:
1. Director Level Review (Class II Application). The Director shall review all site development applications and shall impose conditions deemed appropriate when one (1) or more of the following activities are proposed:
a. Development activities on natural slopes which are greater than ten percent (10%) average but less than fifteen percent (15%) average on all or part of the developable portions of the site;
b. Grading excavations or fills or any combination thereof equal to or exceeding one hundred (100) cubic yards, but less than one thousand five hundred (1,500) cubic yards; or
c. Projects that require minor grading or are limited in scope such as those regarding yard areas for pool/spa construction, landscaping, additions to existing structures or construction of accessory structures may be approved by the Director through a grading permit or building permit without hillside development review. Projects which require grading of large, flat areas, such as tennis courts or riding rings, may be reviewed by the Director when consistent with this code.
2. Commission Review (Class IV Application). The Commission shall review hillside development review applications and shall impose conditions deemed appropriate when one (1) or more of the following occurs:
a. Development activities on natural slopes which are greater than fifteen percent (15%) average on all or part of the developable portions of the site;
b. Grading excavations or fills, or any combination thereof, exceeding one thousand five hundred (1,500) cubic yards; or
c. The proposed project includes a Class IV, V, VI or VII application;
D. Project Notice and Required Actions. The notice of the public hearing for a Class IV application shall be in compliance with Section 17.06.110 (Type II Public Noticing (Public Hearing)).
E. Findings. The review authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision) in addition to the following findings, where applicable:
1. That the natural topographic features and appearances are conserved by means of landform grading to blend any manufactured slopes or required drainage benches into the natural topography;
2. That natural, topographic prominent features are retained to the maximum extent possible;
3. That clustered sites and buildings are utilized where such techniques can be demonstrated to substantially reduce grading alterations of the terrain and to contribute to the preservation of trees, other natural vegetation and prominent landmark features and are compatible with existing neighborhood;
4. That building setbacks, building heights and compatible structures and building forms that would serve to blend buildings and structures with the terrain are utilized;
5. That plant materials are conserved and introduced so as to protect slopes from slippage and soil erosion and to minimize visual effects of grading and construction on hillside areas, including the consideration of the preservation of prominent trees and, to the extent possible, while meeting the standards of the Fire Department;
6. That street design and improvements that serve to minimize grading alterations and emulate the natural contours and character of the hillsides are utilized;
7. That grading designs that serve to avoid disruption to adjacent properties are utilized; and
8. That site design and grading that provide the minimum disruption of view corridors and scenic vistas from and around any proposed development are utilized. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.23.140 Home Occupation Permit.
Subsections:
A. Purpose.
B. Applicability.
C. Application Filing, Fees, and Project Review.
D. Findings.
E. Conditions of Approval.
A. Purpose. This section establishes procedures and requirements for the use of an existing residential unit to have a home occupation as an accessory use. Through a home occupation permit, the Director shall ensure that the project complies with all of the provisions of the code, the General Plan and other applicable requirements. In order to achieve this, the Director is empowered to grant approval with conditions for uses in zones as prescribed in this code, and to impose reasonable conditions upon the granting of a home occupation permit.
B. Applicability. In order to safeguard existing neighborhoods, the home occupation permit process will establish provisions for the use of an existing residential unit with an appropriate accessory home occupation subject to development standards in Chapter 17.65 (Home Occupations). A home occupation permit shall be filed as a Class II application, subject to this chapter.
C. Application Filing, Fees, and Project Review. Applications for a home occupation permit shall be in compliance with this chapter.
D. Findings. The review authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision).
E. Conditions of Approval. In approving a Class II permit application for a home occupation permit, the review authority may impose such conditions as deemed necessary to ensure that the home occupation permit will be in accordance with the findings required by subsection (D) of this section (Findings), subject to the performance of such conditions, including the provision of required improvements as the Director shall deem to be reasonable and necessary, or advisable under the circumstances, so that the objectives of the code, General Plan, adopted design guidelines, Commission and Council policies shall be achieved. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.23.150 Landscape Plan Review.
Subsections:
A. Purpose.
B. Applicability.
C. Application Filing, Fees, and Project Review.
D. Findings.
E. Conditions of Approval.
A. Purpose. This section establishes procedures and requirements for the installation of any new landscaping, and the redesign, renovation, or alteration of existing landscaping as required by the Director. Through landscape plan review, the Director shall ensure that the landscaping complies with all of the provisions of the code and the General Plan and other applicable requirements. In order to achieve this, the Director is empowered to grant approval with conditions for uses in zones as prescribed in this code, and to impose reasonable conditions upon the granting of landscape plan reviews.
B. Applicability. In order to safeguard and enhance the appearance and quality of development in the City, landscape plan review approval shall be required prior to the issuance of any grading and/or building permit for additions, alterations, and redevelopment of single-family, multifamily, commercial, industrial buildings, and/or parking facilities at the discretion of the Director. A landscape plan review shall be filed as a Class II application, subject to this chapter.
C. Application Filing, Fees, and Project Review. Applications for a landscape plan review shall be in compliance with this chapter.
D. Findings. The review authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision).
E. Conditions of Approval. In approving a Class II permit application for a landscape plan review, the review authority may impose such conditions as deemed necessary to ensure that the landscape plan review will be in accordance with the findings required by subsection (D) of this section (Findings), subject to the performance of such conditions, including the provision of required improvements as the Director shall deem to be reasonable and necessary, or advisable under the circumstances, so that the objectives of the code, General Plan, adopted design guidelines, Commission, and Council policies shall be achieved. Conditions may include, but are not limited to, provisions for or limitations to the following:
1. In order to ensure the performance of conditions imposed concurrent with the granting or modification of a landscape plan review, the applicant may be required to furnish security in the form of money or surety bond in the amount fixed by the authority granting or modifying the landscape plan review. Such security shall be furnished as required by this code;
2. Whenever a landscape plan review approval is granted or modified, subject to the condition that specified improvements be provided by the applicant, such improvements shall be installed by the applicant, and approved and accepted by the City, pursuant to local ordinance to make such improvements prior to the time of events specified in the landscape plan review approval;
3. Whenever a landscape review plan application is approved or modified by the approving authority subject to a condition or conditions, use, or enjoyment of the landscape plan review approval in violation of, or without observance of any such conditions, shall constitute a violation of the code and project approval may be revoked or modified as provided in Chapter 17.08 (Revocations and Revisions); and
4. Such other conditions as the review authority may deem necessary to ensure compatibility of the use with surrounding developments and uses and to preserve the public health, safety, or welfare. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.23.160 Lot Line Adjustments.
Subsections:
A. Purpose.
B. Applicability.
C. Application Filing, Fees, and Project Review.
D. Findings.
E. Standards of Approval.
A. Purpose. This section establishes procedures and requirements for the modification of an existing lot line or lot lines. Through a lot line adjustment, the Director shall ensure that the project complies with all of the provisions of the code, the Subdivision Map Act, the General Plan, and other applicable requirements. In order to achieve this, the Director is empowered to grant approval with modifications for lot line adjustments in zones as prescribed in this code and the Subdivision Map Act.
B. Applicability. The provisions of this section shall be applicable to the modification of a lot line, or lot lines, between four (4) or fewer contiguous existing parcels where the land taken from one (1) parcel is added to an adjacent parcel or parcels and where a greater number of parcels than originally existed are not thereby created. In the case of a modification of the lot lines that affect more than four (4) parcels under common ownership within a subdivision even if submitted as separate lot line adjustments, an application and approval of a parcel map or tract map will be required per Section 17.25.110 (Tentative Subdivision Maps). A lot line adjustment shall be filed as a Class II application, subject to this chapter.
C. Application Filing, Fees, and Project Review. Applications for a lot line adjustment shall be in compliance with this chapter. In addition, prior to submittal of the request for lot line adjustment, a recorded “Unconditional Certificate of Compliance” shall be required for each existing parcel not complying with the provisions of the Subdivision Map Act, as determined by the City Engineer.
The City shall not impose conditions or exactions on its approval of a lot line adjustment except to conform to the General Plan, zoning, and building ordinances, to require the prepayment of real property taxes prior to the approval of the lot line adjustment, or to facilitate the relocation of existing utilities, infrastructure, or easements. No tentative map, parcel map, or tract map shall be required as a condition to the approval of a lot line adjustment.
D. Findings. The review authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision).
E. Standards of Approval. In approving a Class II permit application for a lot line adjustment, the review authority may impose such standards as deemed necessary to ensure that the lot line adjustment review will be in accordance with the findings required by subsection (D) of this section (Findings) and the Subdivision Map Act. Standards include, but are not limited to, provisions for, or limitations to, the following:
1. The existing parcels are contiguous;
2. The existing parcels comply with the provisions of the Subdivision Map Act, as determined by the City Engineer;
3. A greater number of parcels than originally existed will not be created;
4. The adjusted parcels will comply with the goals and policies of the General Plan, provisions of the code and zoning, and any other applicable statutes or regulations. Pre-existing, nonconforming lots or parcels may be merged into a single nonconforming parcel at the discretion of the Director;
5. The adjusted configuration of the parcels will be in accord with the established neighborhood lot design patterns and will not violate good planning practices;
6. There will be no impairment of any existing access or creation of a need for any new access to any adjacent parcels;
7. There will be no impairment to any existing easements or creation of a need for any new easements serving any adjacent parcels;
8. There will be no need to require substantial alteration to any existing improvements or create the need for any new improvements;
9. There is no adjustment of the boundary between existing parcels for which a covenant of improvement requirements has been recorded and all required improvements stated therein have not been completed unless the City Engineer determines the proposed boundary adjustment will not significantly affect said covenant of improvement requirements; and
10. Parcels to be created by the lot line adjustment or merger which contain an average cross slope of ten percent (10%) or greater may be required to comply with Section 17.51.020 (Hillside Development) prior to or concurrently with the lot line adjustment. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.23.170 Oak Tree Permit.
Subsections:
A. Purpose.
B. Applicability.
C. Application Filing, Fees, and Project Review.
D. Project Notice and Required Actions.
E. Findings.
A. Purpose. This section establishes procedures and requirements to protect and preserve oak trees in the City and to provide regulatory measures designed to accomplish this purpose.
B. Applicability. The provisions of this chapter shall be applied to the removal, relocation, encroachment, or impacting of any oak tree as determined to be applicable by the Director, and shall be subject to the issuance of an oak tree permit.
C. Application Filing, Fees, and Project Review. Applications for an oak tree permit shall be in compliance with this chapter and Chapter 17.25 (Class IV Applications—Discretionary) as determined below:
1. Director Level Review (Class II Application). The Director shall review all Class II oak tree permit applications and shall impose conditions deemed appropriate when one (1) or more of the following activities are proposed:
a. A request for the removal of three (3) or fewer oak trees on a single parcel excluding the removal of any tree designated as a heritage oak tree;
b. A request for the removal of five (5) or fewer oak trees, excluding the removal of any tree designated as a heritage oak tree, when the applicant is the owner of a single-family residence and the trees in question are on the same parcel;
c. A request for pruning of oak trees, unless otherwise exempted by this code;
d. A request for encroachment of oak trees, unless otherwise exempted by this code; or
e. The Director may refer any request for an oak tree permit directly to the Commission if the Director determines that special circumstances may exist with regard to the status of the tree(s), special community interest, or exceptional aesthetic, environmental or historical value.
2. Commission Review (Class IV Application). The Commission shall review all Class IV oak tree permit applications and shall impose conditions deemed appropriate when one (1) or more of the following occurs:
a. A request for the removal of four (4) or more oak trees on a single parcel;
b. A request for the removal of six (6) or more oak trees when the applicant is the owner of a single-family residence and the trees in question are on the applicant’s lot;
c. The proposed project includes a Class IV, V, VI or VII application; or
d. The removal of any oak tree designated as a heritage oak tree.
D. Project Notice and Required Actions. The notice of the public hearing for a Class IV application shall be in compliance with Section 17.06.110 (Type II Public Noticing (Public Hearing)).
E. Findings. The approving authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision) in addition to the following required findings:
1. The approving authority shall make one (1) or more of the following findings before granting an oak tree permit:
a. The condition or location of the oak tree(s) requires cutting to maintain or aid its health, balance, or structure;
b. The condition of the tree(s) with respect to disease, danger of falling, proximity to existing lots, pedestrian walkways or interference with utility services cannot be controlled or remedied through reasonable preservation and/or preventative procedures and practices;
c. It is necessary to remove, relocate, prune, cut or encroach into the protected zone of an oak tree to enable reasonable use of the subject property which is otherwise prevented by the presence of the tree and no reasonable alternative can be accommodated due to the unique physical development constraints of the property; or
d. The approval of the request will not be contrary to or in conflict with the general purpose and intent of the code.
2. No heritage oak tree shall be removed unless one (1) or more of the above findings are made and the review authority also finds that the heritage oak tree’s continued existence would prevent any reasonable development of the property and that no reasonable alternative can be accommodated due to the unique physical constraints of the property. It shall further be found that the removal of such heritage oak tree will not be unreasonably detrimental to the community and surrounding area. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.23.180 Requests for Reasonable Accommodations.
Subsections:
A. Purpose.
B. Applicability.
C. Application.
D. Findings.
E. Concurrent Review with Other Applications.
F. Notice of Decision.
G. Expiration of Reasonable Accommodation.
H. Recorded Agreement.
I. Appeals.
J. Waiver of Fees.
A. Purpose. This section implements part of the City’s General Plan housing element and provides a procedure for individuals with disabilities to request reasonable accommodations, consistent with the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act, as those Reasonable Accommodation Acts are amended from time to time. The sole intent of this section is to ensure that individuals with disabilities have an equal opportunity to use and enjoy housing by allowing an accommodation(s) with respect to certain City regulations, policies, procedures, and standards if said accommodation(s) are both reasonable and necessary to provide such equal opportunity without compromising the City commitment to protecting community character and environmental quality.
B. Applicability. The provisions of this section shall apply to all requirements of this code as well as all other regulations, policies, procedures, and standards regulated by the Department.
C. Application. Any individual with a disability, someone acting on their behalf, or a provider or developer of housing for individuals with disabilities, desiring to obtain a reasonable accommodation in accordance with this section shall file a Class II application with the Director. Information requested on the application shall be provided on the checklist as provided by the City. The Director may request additional information as they deem reasonably necessary where such request is consistent with the Reasonable Accommodation Acts and the privacy rights of the individual with a disability. All procedures for processing the application shall be in compliance with Chapter 17.06 (Common Procedures), except where otherwise stated in this section.
D. Findings. The findings for a request for reasonable accommodation are as follows:
1. Where a request for a reasonable accommodation is sought in connection with a reasonable accommodation residential use for which no other concurrent application for entitlement is required, the Director shall grant the request based upon the following findings, which they shall make in writing:
a. The requested accommodation is intended to be used by an individual with a disability who resides or will reside on the property;
b. The requested accommodation is necessary to afford an individual with a disability equal opportunity to use and enjoy a residential use;
c. The requested accommodation will not impose an undue financial or administrative burden on the City; and requested accommodation will not require a fundamental alteration in the nature of the land use and zoning of the City.
2. The Director shall deny a request for a reasonable accommodation where the findings set forth in subsection (D)(1) of this section (Findings) cannot be substantiated, and shall make written findings to that effect.
3. Any reasonable accommodation approval shall include the requirement that such accommodation be removed when it is no longer necessary for the original purpose granted, unless, in the reasonable discretion of the Director, it is so physically integrated into the property or the improvements thereon that the cost or effort to remove it would create an unreasonable hardship.
E. Concurrent Review with Other Applications. When a request for reasonable accommodation is filed in conjunction with an application for another application, variance, or any other discretionary land use entitlement, the approving authority shall grant or deny a request for a reasonable accommodation concurrently with the decision rendered for such application, variance, or other discretionary land use entitlement, and shall make findings addressing the criteria set forth in subsection (D) of this section (Findings).
F. Notice of Decision.
1. The Director shall notify the applicant by mail of the action taken on an application for reasonable accommodation; said notice shall include the following:
a. Notices of decision on applications considered by the Director pursuant to subsection (D) of this section (Findings) shall be issued within thirty (30) days of the date of the application, or within an extended period as mutually agreed upon, in writing, by the applicant and the Director. In addition to the applicant, a copy of the notice of decision by the Director shall be provided by mail to the property owner;
b. Notices of decision on applications considered by an approving authority in conjunction with another land use entitlement application, pursuant to Section 17.06.040 (Multiple Applications), shall be provided along with the decision for such other entitlement, in accordance with the requirements for such other entitlement. In addition to any other persons required to receive notice of an action on the related entitlement application, a copy of the notice of decision shall also be provided by mail to the property owner.
2. The notice of decision shall include notice of the right to appeal, as set forth in Chapter 17.07 (Appeals or Certification of Review).
G. Expiration of Reasonable Accommodation.
1. A reasonable accommodation which is not used within the time specified in the notice of decision or, if no time is specified, within two (2) years after the date of grant of the reasonable accommodation, shall expire and be of no further effect, except that:
a. In cases in which the Director granted the original reasonable accommodation, the Director may extend the time as indicated in Section 17.06.230 (Time Limits and Extensions); and
b. In the case of a reasonable accommodation granted concurrently and in conjunction with another land use entitlement, the approving authority may extend the time to use it to correspond with any extensions granted for the use of such related entitlements.
2. A reasonable accommodation shall be considered used within the intent of this section when construction, development, or use authorized by such reasonable accommodation, that would otherwise have been prohibited in the absence of an accommodation being granted, has commenced.
3. A reasonable accommodation shall automatically cease to be of any further force and effect if the use for which such accommodation was granted has ceased or has been suspended for a consecutive period of two (2) or more years and may be required to be physically removed in accordance with subsection (D) of this section (Findings).
H. Recorded Agreement.
1. The approving authority may require the applicant to record with the Registrar-Recorder/County Clerk an agreement that the reasonable accommodation granted will be maintained in accordance with the terms of the reasonable accommodation and this section as a covenant running with the land for the benefit of the City in those instances described in subsection (H)(2) of this section. The recorded agreement shall also provide that any violation thereof shall be subject to the enforcement procedures of this code and the Municipal Code.
2. The approving authority may require the recorded agreement, as described in subsection (H)(1) of this section, if:
a. The accommodation is physically integrated on the property and cannot feasibly be removed or altered, and the structure would otherwise be subject to Chapter 17.05 (Legal Nonconforming Uses, Lots and Structures); or
b. The accommodation is temporary and required to be discontinued or no longer maintained in compliance with this section.
3. The approving authority may authorize termination of the agreement to maintain the reasonable accommodation, as described in subsection (A) of this section, after making written findings that the lot is in compliance with all applicable land use and zoning regulations.
4. The property owner is required to record the termination or release of any agreement provided by this subsection.
I. Appeals.
1. An appeal regarding a decision to grant or deny reasonable accommodation shall be made in writing, pursuant to the procedures and the time limits established in Chapter 17.07 (Appeals or Certification of Review).
2. All decisions on an appeal shall address and be based upon the same findings required by subsection (D) of this section (Findings).
3. Decisions on an appeal of a decision made by a review authority, made in conjunction with other land use entitlements, as set forth in Section 17.06.040 (Multiple Applications), shall be effective on the same date as is provided for an appeal of the related land use entitlement and any further rights of appeal will be the same as is provided for an appeal of the related land use entitlement.
J. Waiver of Fees. An applicant requesting a reasonable accommodation shall not be required to pay the City environmental assessment fee if the project that is the subject of said request qualifies for either a categorical exemption or statutory exemption under the California Environmental Quality Act. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.23.190 Sign Review.
Subsections:
A. Purpose.
B. Applicability.
C. Application Filing, Fees, and Project Review.
D. Findings.
E. Conditions of Approval.
A. Purpose. This section establishes procedures and requirements for the installation of any new signage. Through sign review, the Director shall ensure that the signage complies with all of the provisions of the development code, the General Plan, and other applicable requirements. In order to achieve this, the Director is empowered to grant approval with conditions for signage in zones as prescribed in this code, and to impose reasonable conditions upon the granting of a sign review.
B. Applicability. In order to safeguard and enhance the appearance and quality of development in the City, sign review approval shall be required prior to the issuance of any installation and/or permit for any signage at the discretion of the Director. A sign review shall be filed as a Class II application, subject to this chapter.
C. Application Filing, Fees, and Project Review. Applications for a sign review shall be in compliance with this chapter.
D. Findings. The approving authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision) in addition to the following required findings:
1. Complies with all applicable design guidelines;
2. Would not interfere with pedestrian or vehicular safety;
3. Would not detract from the character of a historic or architecturally significant structure;
4. Would not be located so as to have a negative impact on the visibility or aesthetic appearance of any adjacent property;
5. Would not detract from the pedestrian quality of the street or area;
6. Would not add to or create an over-proliferation of signs on a particular property; and
7. Would enhance the overall development, be in harmony with, and relate visually to other signs on site, to the structures or developments they identify, and to surrounding development.
E. Conditions of Approval. In approving a Class II permit application for a sign review, the approving authority may impose such conditions as deemed necessary to ensure that the sign review will be in accordance with the findings required by subsection (D) of this section (Findings), subject to the performance of such conditions, including the provision of required improvements as the approving authority shall deem to be reasonable and necessary, or advisable under the circumstances, so that the objectives of the development code, General Plan, adopted design guidelines, Commission and Council policies shall be achieved. Conditions may include, but are not limited to, provisions for or limitations to the following:
1. In order to ensure the performance of conditions imposed concurrent with the granting or modification of a sign review, the applicant may be required to furnish security in the form of money or surety bond in the amount fixed by the authority granting or modifying the sign plan. Such security shall be furnished as required by this code;
2. Whenever a sign review approval is granted, or modified, subject to the condition that specified improvements be provided by the applicant, such improvements shall be installed by the applicant and approved and accepted by the City pursuant to local ordinance to make such improvements prior to the time of events specified in the sign review approval; and
3. Such other conditions as the approving authority may deem necessary to ensure compatibility of the use with surrounding developments and uses and to preserve the public health, safety, or welfare. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.23.200 Temporary Use Permit.
Subsections:
A. Purpose.
B. Applicability.
C. Application Filing, Fees and Project Review.
D. Project Notice and Required Actions.
E. Findings.
F. Conditions of Approval.
G. Extension or Modification of Limitations.
H. Successive Permits.
A. Purpose. This section establishes procedures and requirements for temporary activities and events that may not otherwise be allowed in the underlying zones, but may be acceptable because of their limited or temporary nature. This section also establishes procedures for both short-term and extended-term special events.
B. Applicability. Where this section prescribes regulations more restrictive than the zone in which a use or conditional use is permitted, the provisions of this section shall apply. A temporary use permit shall be applicable as follows:
1. A temporary use permit for a short-term temporary use or event shall be filed as a Class II application, subject to this chapter, as listed in Chapter 17.67 (Temporary Uses).
2. Extended-Term Temporary Use Permit. A temporary use permit for an extended term shall be filed as a Class IV application, subject to Chapter 17.25 (Class IV Applications—Discretionary), except that outside display or sales of goods, equipment, merchandise or exhibits in commercial zones shall not be authorized for an extended term.
C. Application Filing, Fees and Project Review. Applications for a temporary use permit shall be in compliance with this chapter for a standard temporary use permit and Chapter 17.25 (Class IV Applications—Discretionary) for extended-term temporary use permits.
D. Project Notice and Required Actions. The notice of the public hearing for an extended-term temporary use permit shall be in compliance with Section 17.06.110 (Type II Public Noticing (Public Hearing)).
E. Findings. The approving authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision) in addition to the following required findings:
1. That adequate temporary parking to accommodate vehicular traffic to be generated by such use will be available either on site or at alternate locations acceptable to the Director in any case where such temporary use is proposed for a period longer than one (1) weekend or three (3) consecutive days;
2. That approval of a temporary use permit will not result in the use of a lot for a cumulative time period in excess of the maximum time period such temporary use may be authorized during any twelve (12) month period, except where a longer period is specifically approved in accordance with the provisions of subsection (B)(2) of this section (Extended-Term Temporary Use Permit); and
3. In addition, the following findings shall be required for the approval of an extended-term temporary use permit:
a. That adequate public and private facilities such as utilities, parking spaces, and traffic circulation measures are, or will be, provided for the proposed use;
b. That the proposed location, size, design, and operating characteristics of the proposed use are in accordance with the purpose of this development code, the purpose of the zone in which the site is located, the General Plan, and the development policies and standards of the City;
c. That the use and its associated structures and facilities will not be detrimental to the public health or safety, the general welfare, or the environment;
d. That the use and facilities will not adversely affect or conflict with adjacent uses, or impede the normal development of surrounding properties; and
e. The extended-term temporary use permit shall not exceed a period of five (5) years.
F. Conditions of Approval. In approving a Class II temporary use permit or Class IV extended-term temporary use permit, the approving authority may impose such conditions as deemed necessary to ensure that the permit will be in accordance with the findings required by subsection (E) of this section (Findings). Conditions imposed by the approving authority may involve any pertinent factors affecting the operation of the use for which such temporary use permit is requested. Conditions may include, but are not limited to, provisions for or limitations to the following:
1. In approving an application for a temporary use permit or extended-term temporary use permit, the approving authority may impose such conditions as they deem necessary to ensure that the permit will be in accord with the findings required by Section 17.06.130 (Findings and Decision). These conditions may involve any pertinent factors affecting the operation of such special event or use including but not limited to:
a. Requirement of temporary parking facilities including vehicular access and egress;
b. Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination of adjacent properties, noise, vibrations, smoke, dust, dirt, odors, gases, garbage and heat;
c. Requirement of noise mitigation, when necessary, to reduce potential noise impacts to adjacent sensitive uses, which may include notification to affected residents and other means as appropriate;
d. Regulation of temporary buildings, structures, and facilities including placement, height and size, limitations on commercial rides or other equipment permitted, the location of open spaces including buffer areas and other yards, and signs;
e. Regulation of operating hours and days including limitation of the duration of such temporary use to a shorter or longer time period than the maximum period authorized;
f. Requirement of a performance bond or other surety device to assure that any temporary facilities or structures used for such proposed temporary use will be removed from the site within one (1) week following such event and the property restored to a neat condition. The Director may designate a different time period and/or require cleanup of additional surrounding property at their discretion;
g. Requirement of a site plan indicating all details and data as prescribed in this code;
h. Requirement that the approval of the requested temporary use permit is contingent upon compliance with applicable provisions of other City ordinances;
i. Such other conditions as will make possible the operation of the proposed temporary use in an orderly and efficient manner and in accord with the intent and purpose of this code.
2. In addition to such other conditions as the approving authority may impose, it shall also be deemed a condition of every temporary use permit, whether such condition is set forth in the temporary use permit or not, that such approval shall not authorize the construction, establishment, alteration, moving onto, or enlargement of, any permanent building, structure, or facility.
3. The Director in approving a temporary use permit for the outside display or sales of goods, equipment, merchandise, or exhibits may permit a temporary banner, limited in time for the duration granted in the permit, at any location on the subject property deemed appropriate. However, in no event shall the Director authorize a banner that exceeds sixty (60) square feet of total sign area.
4. In the granting of a temporary use permit, the review authority may authorize temporary use of parking and related facilities established to serve permanent uses as follows; provided, that such temporary usage is specifically recognized in the temporary use permit:
a. Joint usage of required automobile parking facilities established to serve a permanent use, provided the owner or occupant of the permanent use or their authorized legal representative submits written consent, and it is determined by the approving authority that such joint utilization will not have a substantially detrimental effect on the surrounding area;
b. Temporary occupation by a temporary use of a portion of parking facilities or structures established to serve a permanent use provided the owner or occupant of such use or their authorized legal representative submits written consent, and it is determined that such joint utilization will not have a substantially detrimental effect on the surrounding area;
c. The temporary reduction in required parking for such permanent use shall not be construed to require a variance with respect to parking requirements of this code.
G. Extension or Modification of Limitations. Upon written application, the Director may extend the time within which temporary uses may be operated for up to a total of one (1) year for a temporary use permit and five (5) years for an extended-term temporary use permit, or may modify the limitations under which such uses may be conducted if the Director determines that such extension or modification is in accordance with this code. Should a reasonable case be presented to the Director that there is a public nuisance created as a result of the temporary use permit, additional review in the form of a noticed public hearing before the Commission may be required. At that hearing, additional conditions may be imposed to mitigate any nuisance, or the temporary use permit may be revoked in accordance with the provisions of this code.
H. Successive Permits. After the submission of a new application, the Director may allow successive applications for temporary use permits for a like use on the same parcel of land. (Ord. 13-8 § 4 (Exhs. A, D), 6/11/13)