Chapter 14-12
ZONING PERMITS

Sections:

Part 1: General Provisions

14-12.100    Procedures included.

Part 2: Pre-application Process

14-12.200    Purpose.

14-12.201    Application procedure.

Part 3: Administrative Review Permit

14-12.300    Purpose.

14-12.301    Application procedure.

Part 4: Design Review Permit

14-12.400    Applicability.

14-12.401    Application procedure.

14-12.402    Review and Decision by the Zoning Administrator.

14-12.403    Findings.

Part 5: Conditional Use Permits Administrative and Special Use Permits

14-12.500    Purpose.

14-12.501    General provisions.

14-12.502    Authority to impose conditions.

14-12.503    Administrative Use Permits.

14-12.504    Application procedure for an Administrative Use Permit.

14-12.505    Review and Decision on an Administrative Use Permit.

14-12.506    Limits on authority.

14-12.507    Administrative Use Permit Limitations.

14-12.508    Special Use Permits.

14-12.509    Application procedure for a Special Use Permit.

14-12.510    Review and Decision on a Special Use Permit.

14-12.511    Limits on authority.

14-12.512    Special Use Permit Limitations.

14-12.513    Findings.

Part 6: Variances

14-12.600    Minor and Major Variances.

14-12.601    Application procedure.

14-12.602    Review and decision on a Minor Variance.

14-12.603    Review and decision on a Major Variance.

14-12.604    Findings.

14-12.605    Authority to impose conditions.

14-12.606    Variance Limitations.

Part 7: Amendment to General Plan

14-12.700    General provisions.

14-12.701    Procedure for amending General Plan text.

14-12.702    Procedure for amending General Plan Land Use Diagram.

14-12.703    Review and decision by the Planning Commission.

14-12.704    Modification by the Planning Commission.

14-12.706    Review and decision by the City Council.

14-12.707    Modification by the City Council.

14-12.708    Findings.

14-12.709    Continuance of hearings.

Part 8: Amendment to the Zoning Code and Map

14-12.800    General provisions.

14-12.801    Procedure for amending Zoning Code text.

14-12.802    Procedure for amending Zoning Map.

14-12.803    Review and Decision by the Planning Commission.

14-12.804    Modification by the Planning Commission.

14-12.806    Modification by the City Council.

14-12.807    Findings.

14-12.808    Continuance of hearings.

Part 9: Specific Plan

14-12.900    Purpose.

14-12.901    Applicability.

14-12.902    Application procedure.

14-12.903    Review and Decision on a Specific Plan.

14-12.904    Findings.

14-12.905    Amendments to adopted Specific Plan.

Part 10: Modifications to District Regulations or Approved Permit

14-12.1000    Amendments and revisions to approval.

14-12.1010    Modifications to District Regulations.

14-12.1015    Application requirements.

14-12.1020    Processing applications.

Part 11: Home Occupation Permit

14-12.1100    Purpose.

14-12.1101    Application procedure.

14-12.1102    Review Criteria.

14-12.1103    Appeals.

14-12.1104    Periodic review.

14-12.1105    Transferability.

14-12.1106    Revocation.

14-12.1107    Conflict with other provisions.

Part 12: Sign Permit

14-12.1200    Purpose.

14-12.1201    General Provisions.

14-12.1202    Application procedure.

14-12.1203    Review Criteria.

14-12.1204    Inspection.

Part 13: Temporary Use Permit

14-12.1300    Purpose.

14-12.1301    General provisions.

14-12.1302    Temporary Use Permit.

14-12.1303    Application procedure.

14-12.1304    Review criteria.

Part 14: Fence Permits

14-12.1400    General Provisions.

14-12.1401    Application procedure.

14-12.1402    Administrative Review Permit.

14-12.1403    Administrative Use Permit.

Part 1: General Provisions

14-12.100 Procedures included.

The following administration procedures are included in this chapter:

Part

Section

(a)

Pre-application Process

2

14-12.200

(b)

Administrative Review Permit

3

14-12.300

(c)

Design Review Permit

4

14-12.400

(d)

Conditional Use Permits

5

14-12.500

(e)

Variances

6

14-12.600

(f)

Amendment to General Plan

(g)

Amendment to Zoning Code

7

14-12.700

(h)

Specific Plan

8

14-12.800

(i)

Modification to approved permit

9

14-12.900

(j)

Home Occupation Permit

10

14-12.1000

(k)

Sign Permit

11

14-12.1100

(l)

Temporary Use Permit

12

14-12.1200

(m)

Fence Permit

13

14-12.1300

(Ord. 1156-03 C-M, eff. May 22, 2003)

Part 2: Pre-application Process

14-12.200 Purpose.

The purpose of the pre-application process is to acquaint the applicant with any applicable policies and procedures identified in City codes and improvement standards, to identify significant development opportunities or constraints and provide written feedback to allow an applicant to understand the feasibility of a project.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.201 Application procedure.

(a)    The application shall be filed with the Community Development Department with any applicable fee. The fee for a pre-application shall be credited towards the cost of the formal application. A limit of one pre-application per year shall be allowed for each property within the City of Watsonville.

(b)    Submittal for a pre-application process does not constitute a formal filing of a project and is intended solely to assist the project applicant and City in the review of conceptual plans to identify major issues associated with a project.

(Ord. 1156-03 C-M, eff. May 22, 2003)

Part 3: Administrative Review Permit

14-12.300 Purpose.

The purpose of the Administrative Review Permit is to assure, prior to establishment of an otherwise principally permitted use within an existing facility or new construction not requiring Design Review, that the provisions of this Code including zoning, parking, signage, and other appropriate State and local regulations are met.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.301 Application procedure.

(a)    An application for an Administrative Review Permit shall be filed with the Community Development Department along with appropriate fee, as established by resolution, by the property owner or an agent authorized to act on the owner’s behalf.

(b)    The Zoning Administrator shall review the application to ensure compliance with this Code. No conditions may be attached to an approval other than those directly related to ensuring compliance with established standards and provisions of this Code.

(c)    An Administration Review Permit is valid for a period of one hundred and eighty (180) days from issuance and shall expire if not acted upon within such period.

(Ord. 1156-03 C-M, eff. May 22, 2003)

Part 4: Design Review Permit

14-12.400 Applicability.

(a)    Development subject to Design Review shall include all new construction, exterior remodeling, additions, or changes in use requiring additional parking, which involves structures used for multi-family residential, commercial, industrial or public purpose and are identified as permitted subject to Design Review in the specific zoning districts. No Building Permit shall be issued for a development subject to Design Review until a Design Review has been approved in accordance with this chapter and conditions of approval have been met.

(b)    The following uses are exempt from the Design Review requirements:

(1)    Interior remodels which do not result in substantial changes in the character of the occupancy or use or cause greater impact on traffic, water or sewer usage as determined by the Zoning Administrator;

(2)    Repair and maintenance of structures or parking areas constrained by the existing structure and not altering existing drainage patterns or easements;

(3)    Replacement or repair of a structure partially destroyed by fire, flood or other natural occurrence, when the repair of such structure is determined by the Zoning Administrator to be consistent with the design, use and intensity of the original structure and consistent with the Zoning and General Plan designations;

(4)    Reductions of floor or building area within a previously approved Design Review where it is determined that the modification would not result in a significant change in site design, building design, or functionality of the site;

(5)    Single-family residential development.

(c)    The following projects are subject to minor Design Review:

(1)    Accessory dwelling units;

(2)    Expansions of multi-family residential, institutional, commercial or industrial buildings of less than twenty-five percent (25%) in total floor area, where the proposed expansion will not cause increased impacts on existing infrastructure and public services, as determined by the Zoning Administrator;

(3)    Changes in use requiring additional parking, where the proposed parking can be accommodated, and the use will not cause increased impacts on existing infrastructure and public services, as determined by the Zoning Administrator, and the use is proposed in existing structures;

(4)    Exterior remodel;

(5)    Residential multi-family projects consisting of two (2) or three (3) dwelling units.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.401 Application Procedure.

(a)    An application for Design Review may be submitted by the property owner or by an agent on the owner’s behalf.

(b)    The application shall be made to the Community Development Department and processed in the manner provided in Part 4 of Chapter 14-10.

(c)    If the Design Review is submitted concurrent with a request for a division of land, an application for a land division permit shall be submitted with the application for Design Review. Approval of the Design Review shall not become effective until final approval of the land division permit; provided, that if the land division is proposed in phases, the approval of the Design Review shall take effect upon final approval of the phase of the land division containing the property on which the Design Review is to be located.

14-12.402 Review and Decision by the Zoning Administrator.

(a)    The Zoning Administrator shall be the final decision-maker for Design Review. The Zoning Administrator shall render a decision on the Design Review application by issuing a Notice of Decision, without a public hearing, based on findings in Section 14-12.403 and subject to conditions necessary to make the use compatible with surrounding uses. The Zoning Administrator shall approve, deny or conditionally approve the Design Review within the time frame established by State law. If the design is not consistent with the findings, the application for Design Review shall be denied. Appeals shall be to the Planning Commission in accordance with Part 11 of Chapter 14-10.

(b)    The Zoning Administrator in his sole discretion may refer the Design Review to the Planning Commission instead of making a decision on the application. In such event, the Commission shall consider the Design Review at a public hearing and make its decision in accordance with Part 6 of Chapter 14-10. Appeal shall be to the Council in accordance with Part 11 of Chapter 14-10. The Planning Commission and Council shall apply the standards set forth in this chapter in acting on the Design Review.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.403 Findings.

When considering applications for Design Review, the Zoning Administrator shall evaluate the impact of the Design Review on and its compatibility with surrounding properties and neighborhoods to ensure the appropriateness of the development and make the following findings:

(a)    The proposed development is consistent with the goals and policies embodied in the adopted General Plan and the general purpose and intent of the applicable district regulations;

(b)    The proposed development is compatible with and preserves the character and integrity of adjacent development and neighborhoods and includes improvements or modifications either on-site or with-in the public rights-of-way to mitigate development related adverse impacts such as traffic, noise, odors, visual nuisances, or other similar adverse effects to adjacent development and neighborhoods. These improvements or modifications may include but shall not be limited to the placement or orientation of buildings and entryways, parking areas, buffer yards, and the addition of landscaping, walls, or both;

(c)    The proposed development will not generate pedestrian or vehicular traffic which will be hazardous or conflict with the existing and anticipated traffic in the neighborhood;

(d)    The proposed development incorporates roadway improvements, traffic control devices or mechanisms, or access restrictions to control traffic flow or divert traffic as needed to reduce or eliminate development impacts on surrounding neighborhood streets;

(e)    The proposed development incorporates features to minimize adverse effects including visual impacts of the proposed development on adjacent properties:

(1)    Harmony and proportion of the overall design and the appropriate use of materials;

(2)    The suitability of the architectural style for the project; provided, however, it is not the intent of this section to establish any particular architectural style;

(3)    The sitting of the structure on the property, as compared to the sitting of other structures in the immediate neighborhood;

(4)    The size, location, design, color, number, and lighting; and

(5)    The bulk, height, and color of the project structure as compared to the bulk, height, and color of other structures in the immediate neighborhood;

(f)    The proposed development complies with all additional standards imposed on it by the particular provisions of this chapter, any City of Watsonville architectural guidelines, development and public improvement standards, and all other requirements of this title applicable to the proposed development; and

(g)    The proposed development will not be materially detrimental to the public health, safety, convenience and welfare or result in material damage or prejudice to other property in the vicinity.

(Ord. 1156-03 C-M, eff. May 22, 2003)

Part 5: Conditional Use Permits Administrative and Special Use Permits

14-12.500 Purpose.

The purpose of the Conditional Use Permit is to insure the proper integration of uses which, because of their special nature, may be suitable only in certain locations or zoning districts or only provided that such uses are arranged or designed in a particular manner.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.501 General provisions.

All uses set forth in this title as conditional uses in any district, and all matters directly related thereto, are hereby declared to be of such unique and special character as to make it impractical to include them as principally permitted or accessory uses in any district without special review. The special review shall be for the purpose of determining that each such proposed use is, and will continue to be, compatible with surrounding, existing, or planned uses; and for the further purpose of establishing such special conditions as may be necessary to insure the harmonious integration and compatibility of such uses in the neighborhood and with the surrounding area.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.502 Authority to impose conditions.

The Zoning Administrator or the Commission, as provided in this title, may approve, conditionally approve, or deny an application for a conditional use and, in granting conditional approval, may impose such requirements and conditions with respect to location, sitting, construction, maintenance, operation, duration, and overall development as may be deemed reasonable and necessary for the protection of adjacent properties and the public interest. The granting of a Conditional Use Permit shall not exempt the applicant from complying with the requirements of other provisions of this Code including Design Review, the Building Code, or any other applicable requirements of this title or Code, or other local, State, or Federal requirements.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.503 Administrative Use Permits.

The Zoning Administrator is authorized to issue Conditional Use Permits for all uses designated in the district regulations of this title as being subject to the issuance of an Administrative Use Permit subject to the following procedures.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.504 Application Procedure for an Administrative Use Permit.

(a)    An application for an Administrative Use Permit may be submitted by the property owner or by an agent on the owner’s behalf.

(b)    The application shall be processed as provided in Part 4 of Chapter 14-10, with the exception that no public hearing is required.

(c)    If the proposed use requires a division of land as provided in Chapter 13-10, an application for a land division permit shall be submitted in conjunction with the application for a Special Use Permit. Approval of the Administrative Use Permit shall not become effective until final approval of the land division permit; provided, that if the land division is proposed in phases, the approval of the Administrative Use Permit shall take effect upon final approval of the phase of the land division containing the property on which the specially permitted use is to be located.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.505 Review and Decision on an Administrative Use Permit.

The Zoning Administrator shall be the final decision-maker for Administrative Use Permits. The Zoning Administrator shall render its decision pursuant to Part 5 of Chapter 14-10, subject to findings in Section 14-12.513 and conditions necessary to make the use compatible with surrounding uses. If the appropriateness of the use cannot be assured at the location, the application for Administrative Use Permits shall be denied as being incompatible with existing uses or uses permitted by right in the district. Appeal shall be to the Planning Commission in accordance with Part 11 of Chapter 14-10.

(a)    The Zoning Administrator may refer any Conditional Use Permit application upon which the Zoning Administrator is authorized to act under Administrative Use Permit procedures to the Commission for the purpose of processing the same as a Special Use Permit in accordance with the public hearing procedures of Part 9 of Chapter 14-10.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.506 Limits on authority.

(a)    The Zoning Administrator, and the Planning Commission on appeal, shall have no authority to vary, modify or waive any of the regulations or standards prescribed for any use for which an Administrative Use Permit is required and any modification, Variance or waiver shall be void.

(b)    This provision shall not prevent the property owner from concurrently applying for a Variance pursuant to this chapter.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.507 Administrative Use Permit Limitations.

(a)    Approval of an Administrative Use Permit shall authorize only the particular use for which the permit is issued and may include a limit on time the use may continue.

(b)    No use authorized by an Administrative Use Permit shall be enlarged, extended, increased in intensity or relocated unless an application is made to modify the Administrative Use Permit in accordance with the procedures set forth in this Code.

(c)    Development of the use shall not be carried out until the applicant has secured all the permits and approvals required by this Code and by County, State, Federal, or other agencies.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.508 Special Use Permits.

The Commission shall be, and hereby is, authorized to issue Conditional Use Permits for all uses designated in the district regulations of this title as being subject to the issuance of a Special Use Permit or in those cases where an application for an Administrative Use Permit has been referred by the Zoning Administrator subject to the following procedures.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.509 Application Procedure for a Special Use Permit.

(a)    An application for a Special Use Permit may be submitted by the property owner or by an agent on the owner’s behalf.

(b)    The application shall be processed as provided in Chapter 14-10.

(c)    If the proposed use requires a division of land as provided in Chapter 13-10, an application for a land division permit shall be submitted in conjunction with the application for a Special Use Permit. Approval of the Special Use Permit shall not become effective until final approval of the land division permit; provided, that if the land division is proposed in phases, the approval of the Special Use Permit shall take effect upon final approval of the phase of the land division containing the property on which the specially permitted use is to be located.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.510 Review and Decision on a Special Use Permit.

The Planning Commission shall be the final decision-maker for Special Use Permits. The Commission shall render its decision, pursuant to Part 6 of Chapter 14-10, subject to findings in Section 14-12.513 and conditions necessary to make the use compatible with surrounding uses. If the appropriateness of the use cannot be assured at the location, the application for Special Use Permit shall be denied as being incompatible with existing uses or uses permitted by right in the district. Appeal shall be to the City Council in accordance with Part 11 of Chapter 14-10.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.511 Limits on authority.

(a)    The Planning Commission, and the City Council on appeal, shall have no authority to vary, modify or waive any of the regulations or standards prescribed for any use for which a Special Use Permit is required and any purported. such modification, Variance or waiver shall be void.

(b)    This provision shall not prevent the property owner from concurrently applying for a Variance pursuant to this chapter.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.512 Special Use Permit Limitations.

(a)    Approval of a Special Use Permit shall authorize only the particular use for which the permit is issued and may include a limit on time the use may continue.

(b)    No use authorized by a Special Use Permit shall be enlarged, extended, increased in intensity or relocated unless an application is made to modify the Special Use Permit in accordance with the procedures set forth in this Code.

(c)    Development of the use shall not be carried out until the applicant has secured all the permits and approvals required by this title, the Code and County, State, Federal, or other agencies.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.513 Findings.

When considering applications for an Administrative or Special Use Permit, the Zoning Administrator or Commission shall evaluate the impact of the proposed use on and its compatibility with surrounding properties and neighborhoods to ensure the appropriateness of the use at a particular location and make the following findings:

(a)    The proposed use at the specified location is consistent with the policies of the General Plan and the general purpose and intent of the applicable district regulations;

(b)    The proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhoods and includes improvements or modifications either on-site or within the public rights-of-way to mitigate development related adverse impacts such as traffic, noise, odors, visual nuisances, or other similar adverse effects to adjacent development and neighborhoods. These improvements or modifications may include, but shall not be limited to, the placement or orientation of buildings and entryways, parking areas, buffer yards, and addition of landscaping, walls, or both, to mitigate such impacts;

(c)    The proposed use will not generate pedestrian or vehicular traffic which will be hazardous or conflict with the existing and anticipated traffic in the neighborhood;

(d)    The proposed use incorporates roadway improvements, traffic control devices or mechanisms, or access restrictions to control traffic flow or divert traffic as needed to reduce or eliminate development impacts on surrounding neighborhood streets;

(e)    The proposed use incorporates features to minimize adverse effects, including visual impacts and noise, of the proposed special use on adjacent properties;

(f)    The proposed special use complies with all additional standards imposed on it by the particular provisions of this chapter and all other requirements of this title applicable to the proposed special use and uses within the applicable base zoning district; and

(g)    The proposed special use will not be materially detrimental to the public health, safety, convenience and welfare, and will not result in material damage or prejudice to other property in the vicinity.

(Ord. 1156-03 C-M, eff. May 22, 2003)

Part 6: Variances

14-12.600 Minor and Major Variances.

(a)    Applications for Variances in building setbacks, open space requirements, and off-street parking requirements where the application requests a Variance to the requirements of the base zoning district which is twenty percent (20%) or less of the required building setback requirements, or ten percent (10%) or less of off-street parking or open space requirements are Major Variances and may be approved administratively by the Zoning Administrator.

(b)    All other applications for Variances, including those related to Sign Permits, are Major Variances and must be approved by the Planning Commission, the final decision-maker.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.601 Application procedure.

An application for a Variance may be submitted by the property owner or an agent authorized in writing to act in the owner’s behalf to the Community Development Department in accordance with Part 4 of Chapter 14-10.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.602 Review and decision on a Minor Variance.

The Zoning Administrator shall be the final decision-maker for Minor Variances. The Zoning Administrator shall render its decision, without a public hearing, pursuant to Part 5 of Chapter 14-10, subject to findings in Section 14-12.604 and conditions necessary to make the use compatible with surrounding uses. If the findings for the Variance cannot be made at the location, the application for Variance shall be denied. Appeal shall be to the Planning Commission in accordance with Part 11 of Chapter 14-10.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.603 Review and decision on a Major Variance.

The Planning Commission shall be the final decision-maker for Major Variances.

(a)    The Zoning Administrator shall submit his report to the Planning Commission in the manner provided in Section 14-10.403.

(b)    The Planning Commission shall hold a public hearing pursuant to Part 6 of Chapter 14-10. The public hearing shall be noticed in accordance with Part 9 of Chapter 14-10 and conducted in accordance with Part 10 of Chapter 14-10.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.604 Findings.

(a)    The Zoning Administrator shall not approve a Major Variance unless undue hardship is self-evident and the following findings are met:

(1)    The granting of the Variance will not substantially impair the intent and purpose of this title or the goals, policies and objectives embodied in the General Plan;

(2)    The Variance is not requested exclusively on the basis of economic hardship to the applicant; and

(3)    The Variance does not result in the establishment of a use (including lot size) which is not permitted within the specific zoning district.

(b)    The Planning Commission shall not approve a Major Variance unless it finds that:

(1)    By reason of exceptional narrowness, shallowness, or shape of the property in question, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of the property in question, the strict application of the provisions of that title would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardships upon, the applicant;

(2)    The circumstances or conditions do not apply generally to other properties in the same land use district;

(3)    The granting of the Variance will not result in material damage or prejudice to other properties in the vicinity, substantial impairment of natural resources or be detrimental to the public health, safety and general welfare;

(4)    The Variance is not requested exclusively on the basis of economic hardship to the applicant, nor was the situation requiring a Variance created by an act of the applicant, without obtaining permits.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.605 Authority to impose conditions.

The final decision-maker may impose conditions in accordance with Part 8 of Chapter 14-10.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.606 Variance Limitations.

(a)    No Minor or Major Variance shall be granted that allows a land use prohibited in the zoning district in which it is located or that changes any boundary of the district, nor shall any Variance be granted that changes the density of residential use or that changes the intensity of non-residential use.

(b)    The Planning Commission, in approving a Major Variance, and the Zoning Administrator, in approving a Minor Variance, shall impose the following conditions plus any conditions deemed necessary to make the project compatible with surrounding properties:

(1)    Where no other discretionary permit is required, construction shall be commenced within twelve (12) months;

(2)    Where approved concurrent with another discretionary permit, the Variance shall run with the time established for the other permit(s);

(3)    Conformance to plans approved as a part of the Variance; and

(4)    If a Variance does not authorize the erection or alteration of a permanent structure, it shall be subject to review by the Commission or the Zoning Administrator, depending on whether it is a Minor or a Major Variance, after the expiration of two (2) years.

(Ord. 1156-03 C-M, eff. May 22, 2003)

Part 7: Amendment to General Plan

14-12.700 General provisions.

The provisions of the General Plan text and the General Plan Land Use Diagram may be amended by the Council by resolution and according to procedures established in this chapter whenever the public necessity, the general community welfare, and good zoning practices permit such amendment.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.701 Procedure for amending General Plan text.

The text of the adopted General Plan may be amended from time to time. Amendments to the General Plan text may be initiated by the Zoning Administrator, Planning Commission, City Council or by application of a resident, property owner or owner of a business located in the City. An application for amendment shall be submitted to the Community Development Department on a form provided by the Community Development Department with applicable fees as established by Council resolution.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.702 Procedure for amending General Plan Land Use Diagram.

The Zoning Administrator, Planning Commission, City Council, or by application, a property owner, resident or owner of a business located in the City may initiate a request for amendment of the General Plan Land Use Diagram. The Community Development Department shall be responsible for the reviewing and processing of General Plan Land Use Diagram amendments. Applications for General Plan amendments shall be submitted on a form provided by the Community Development Department with applicable fees as established by Council resolution.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.703 Review and decision by the Planning Commission.

Any proposed amendment shall be reviewed by the Planning Commission, at a public hearing noticed in accordance with Part 9 of Chapter 14-10 and conducted in accordance with Part 10 of Chapter 14-10, for recommendation to the City Council. At the conclusion of the public hearing, the Commission shall adopt a resolution, recommending approval or denial of the proposed amendment, by the affirmative vote of the majority of the Commission members, subject to findings required by Section 14-12.708.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.704 Modification by the Planning Commission.

The Commission may itself modify an amendment proposed by an applicant by making non-substantive changes in the wording of a proposed text amendment or, in the case of a proposed General Plan Land Use Diagram amendment, by reducing the area involved or by recommending a more restrictive land use classification. The term “more restrictive” shall mean a lower density within an applicable of residential, commercial, or industrial district, and in no case shall a modification change into another category without a re-application. The reasons for a modification, along with a statement as to the initial proposal, shall be included in the report forwarded to the City Council.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.706 Review and decision by the City Council.

Upon forwarding the Commission recommendation for approval, modified approval, or denial in any matter by the Planning Commission to the Council, such recommendation shall be accompanied by a complete report of the Commission’s action prepared by the Community Development Department, including a summary of the hearing, its findings, and a copy of the Commission resolution, minutes, along with any other pertinent material or information which will assist the Council in making its final determination in the matter. Upon receipt of the Commission’s recommendation, and before adopting any amendment, the Council shall review the matter at a public hearing noticed in accordance with Part 9 of Chapter 14-10 and conducted in accordance with Part 10 of Chapter 14-10.

At the conclusion of the public hearing, the Council shall adopt a resolution approving or denying the proposed amendment, subject to findings in Section 14-12.708. When a proposed Land Use Diagram amendment is denied, such amendment shall not be reconsidered for a period of one year after the date of said denial, except that a new application affecting or including all or part of the same property may be eligible for consideration within said one-year period if the application is found by the Council to be substantially different from the original application as denied.

When either a proposed text or map amendment is denied, such amendment shall not be reconsidered for a period of one year after the date of said denial, except that a new application affecting or including all or part of the same property may be eligible for consideration within said one-year if the application is found to be substantially different from the original application as denied.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.707 Modification by the City Council.

The Council may modify any proposed amendment by making non-substantive changes in the wording of the proposed Land Use Diagram amendment, by reducing the area involved, or by adopting a more restrictive Land Use classification. The term “more restrictive” shall mean a lower density within an applicable category of residential, commercial, or industrial, and in no case shall a modification transcend into another category without a re-application. Prior to taking such action the Council may refer the proposed change to the Commission for a report and recommendation. In such a case, the Commission shall report back to the Council within thirty (30) days after the date of Council referral or shall be deemed to have approved the proposed change.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.708 Findings.

The Planning Commission and City Council shall, in Planning Commission recommending or the City Council in approving an amendment to the General Plan Land Use Diagram or text, make the following findings:

(a)    That the proposed amendment is consistent with the policies embodied in the General Plan;

(b)    That the proposed amendment is compatible to the extent possible with the actual and general planned use of the adjacent properties.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.709 Continuance of hearings.

(a)    The Commission or the Council, on its own motion, may continue a hearing on a proposed amendment from time to time; but such continuances shall not exceed a total sixty (60) days from the date of the opening of a public hearing before the respective body. Following the closing of the hearing, and on its own motion, the Commission or the Council may continue its discussion and action on the matter until the next regularly scheduled meeting. If determined necessary by a majority vote of the members present, the Commission or the Council may continue such discussion and action for additional periods. No further continuances shall be allowed, unless expressly approved by the applicant.

(b)    The provisions of this section shall not apply to amendment proposals initiated by the Council. In such cases the Commission shall forward a report and recommendation to the Council within forty-five (45) days after the date of the opening of the public hearing.

(Ord. 1156-03 C-M, eff. May 22, 2003)

Part 8: Amendment to the Zoning Code and Map

14-12.800 General provisions.

The provisions of this title and the Zoning Map may be amended by the Council by ordinance and according to procedures established in this chapter whenever the public necessity, the general community welfare, and good zoning practices permit such amendment.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.801 Procedure for amending Zoning Code text.

The text of the adopted Zoning Code may be amended in a manner identical to Section 14-12.701.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.802 Procedure for amending Zoning Map.

The map of the adopted Zoning Code may be amended in a manner identical to Section 14-12.702.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.803 Review and Decision by the Planning Commission.

Any proposed amendment shall be reviewed by the Planning Commission in a manner identical to Section 14-12.703, subject to findings in Section 14-12.808.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.804 Modification by the Planning Commission.

The Commission may modify any proposed amendment by making non-substantive changes in a manner identical to Section 14-12.704.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.805 Review and Decision by the City Council.

Review and decision by the City Council shall be in a manner identical to Section 14-12.706, subject to findings in Section 14-12.808, with the exception that any decision taken shall be by adoption of an ordinance.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.806 Modification by the City Council.

The Council may modify any proposed amendment by making non-substantive changes in a manner identical to Section 14-12.707.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.807 Findings.

The Planning Commission and the City Council shall, in approving an amendment to the Zoning Map or text, make findings identical to Section 14-12.708.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.808 Continuance of hearings.

The Commission or the Council, on its own motion, may continue a hearing on a proposed amendment in a manner identical to Section 14-12.709.

(Ord. 1156-03 C-M, eff. May 22, 2003)

Part 9: Specific Plan

14-12.900 Purpose.

The purpose of this section is to establish requirements and procedures for the development, adoption and amendments of Specific Plans and ensure that the City Zoning Code is consistent with law regulating Specific Plans and in particular, Article 8 of Chapter 3, of Division of Title 7 of the California Government Code, commencing with Section 65450.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.901 Applicability.

A Specific Plan is required for any areas shown on the General Plan Land Use Diagram as “Specific Plan”. A Specific Plan may be used in conjunction with either subdivision maps or a planned development. If a request to establish a Specific Plan is initiated by a property owner or his authorized agent, the property owner(s) shall follow the application procedure in the following section.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.902 Application procedure.

An application for a Specific Plan shall be submitted to the Community Development Department. The application shall be processed by the Department as provided in Part 4 of Chapter 14-10. If the property is not in a single ownership but all owners agree to the proposed development, then all owners shall join the application, and a map identifying the extent of ownership shall be submitted with the application. The City maintains full authority and discretion to determine how a Specific Plan will be prepared. As part of the process, applicants shall inform the City of their intent to have a Specific Plan prepared for an area at least thirty (30) days prior to submittal of an application. Prior to submittal of any application for a Specific Plan the City shall work with the applicants to develop a Scope of Work for the preparation of a Specific Plan and shall discuss how the plan will be prepared. The application for a Specific Plan shall be on those forms prescribed by the City and shall include the agreed upon Scope of Work and fees that are designated by resolution. The initial phase of the application shall require approval of the Scope of Work by the City Council and the selection of a consultant by the City of Watsonville to prepare the Specific Plan. Any Specific Plan shall include the following components:

(a)    General Plan Consistency requirement. Specific Plans shall be consistent with the General Plan and for areas within the coastal zone, the Local Coastal Program. Following adoption of a Specific Plan, developments and uses of the land, subdivisions (including tentative tract and parcel maps), public works projects and development agreements shall be consistent with the Specific Plan.

(b)    Content of Specific Plan. A Specific Plan shall include a statement of its relationship and consistency with the General Plan, Local Coastal Program and compliance with Article 8 of Chapter 3 of Division I of Title 7 of the California Government Code, commencing with Section 65450:

(1)    The existing uses of land within the planning area must be analyzed to determine the influence they will have under the Specific Plan. Existing agriculture, flood plain, environmentally sensitive areas such as wetlands, slopes over twenty-five percent (25%), seismic, sensitive biotic and wildlife communities may substantially affect the type of uses planned for the area. Land uses surrounding the planning area should also be analyzed and connections/transitions/buffers between uses design-ed to ensure compatibility with those uses identified by the Specific Plan;

(2)    The proposed distribution, location, intensity, and extent of the uses of land including residential development, economic development, commercial/industrial development, parks, open space, within the area covered by the Specific Plan (including lands to be dedicated for public use, and any easements to accommodate utilities or protect environmental resources);

(3)    The proposed distribution, location and extent and intensity of major infrastructure components including public and private transportation (including pedestrian ways, bike paths, bus turnouts, parking, roadways, and other transportation systems), parks and recreation facilities (including, provision of public access ways), sewage, water, drainage, solid waste disposal, energy and other essential facilities proposed to be located within the area covered by the plan needed to support the land uses described in the plan;

(4)    Development conditions and construction by which development will proceed (including architectural design and landscaping concepts) how the project will address the City’s livable community design concepts, and standards for the conservation, development and utilization of natural resources (including soils, vegetation and wildlife habitats, water, energy) where applicable;

(5)    Description of provisions to ensure compatibility with surrounding land uses and resources, addressing, geologic, coastal bluff flooding and fire hazards;

(6)    A program of implementation measures, including regulations, programs, public works projects and financing measures necessary to carry out the provisions of the preceding requirements;

(7)    Specific Plans may also address any other subjects that are necessary or desirable for General Plan implementation.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.903 Review and Decision on a Specific Plan.

The Council, upon recommendation of the Planning Commission, shall be the final hearing body for Specific Plans. The Commission shall prepare its recommendation and the Council shall render its decision in accordance with Part 7 of this chapter, subject to findings required by Section 14-12.904. Adoption of a Specific Plan is not a General Plan amendment. It must however be consistent with the General Plan.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.904 Findings.

The Planning Commission and City Council shall, in approving a proposed Specific Plan, make the following findings:

(a)    That the proposed location of the development and proposed conditions under which it will be operated or maintained is consistent with the goals and policies embodied in the General Plan;

(b)    That the proposed development is in accordance with the purposes and objectives of this title and, in particular, will further the purposes stated for each zoning district; and

(c)    That the development will not be detrimental to the public health, safety or welfare of persons residing or working in or adjacent to such a development and properties or improvements in the vicinity or to the general welfare of the City.

(d)    That the Specific Plan and resulting development will be consistent with the provisions of Article 8 of Chapter 3 of Division I of Title 7 of the California Government Code, commencing with Section 65450.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.905 Amendments to adopted Specific Plan.

The Specific Plan shall incorporate procedures to make amendments to the Plan. Minor Amendments: Minor amendment to the Specific Plan shall be those that do not increase intensity of land use by more than ten (10%) percent, or have any impact on areas that are identified as being environmentally sensitive. Minor amendments to the Specific Plan may be considered by the Zoning Administrator without a public hearing in compliance with Part 5 of Chapter 14-10. Any other modifications to the Specific Plan shall be considered a Major Amendment and shall be processed in the same manner as an application for original approval of the Specific Plan.

(Ord. 1156-03 C-M, eff. May 22, 2003)

Part 10: Modifications to District Regulations or Approved Permit

14-12.1000 Amendments and revisions to approval.

(a)    The Zoning Administrator, may for good cause, upon submittal of the applicable form, materials and fee, approve minor amendments to the terms of approval of a development permit. Minor revisions must be authorized in writing by the Zoning Administrator and are subject to appeal pursuant to Part 11 of Chapter 14-10. The Zoning Administrator shall not be able to modify any conditions of projects that were approved as a Special Use Permit by the Planning Commission. Minor revisions that may be authorized are those that appear necessary in light of technical considerations requested by the applicant or Zoning Administrator and shall be limited to the following:

(1)    Requests that involve less than twenty-five (25%) percent of the building area or project site area where the application involves new construction;

(2)    Requests that involve minor changes in color, material, signage, design, landscape material or parking or driveway orientation; or

(3)    Requests that involve minor design changes which represent improvements to previous engineering, site design or building practices provided the request does not change the character of the project or result in negative impacts to adjoining properties, drainage facilities, or rights-of-way.

(b)    All other revisions shall be considered major revisions. Where the holder of an approved application for a development permit wishes to make a major revision to the approval which is not covered by subsections (1) through (3) above, an application including all required materials and fees shall be submitted to the Community Development Department and forwarded for approval of the final decision-maker in accordance with the procedures established for the original approval.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.1010 Modifications to District Regulations.

Residential projects for which modifications are allowed under the District Regulations of Parts 2, 3 or 4 of Chapter 14-16 of this Title, may be processed under Sections 14-12.1015 and 14-12.1020 if such residential project satisfies applicable general plan density standards, district lot size standards and is under two (2) acres in area. Any such residential project not meeting either these three (3) standards or the allowed modifications in the district standards shall only be processed as a planned development under Part 25 of Chapter 14-16 of this Title.

(§ 1, Ord. 1171-04 C-M, eff. March 23, 2004)

14-12.1015 Application requirements.

Applicants for such modification requests shall include the following information as part of the application request:

(a)    Floor plan diagrams

(b)    Elevations

(c)    Landscape plans

(d)    An explanation and specific description of requested modifications to the otherwise applicable district standards.

(§ 1, Ord. 1171-04 C-M, eff. March 23, 2004)

14-12.1020 Processing applications.

(a)    Applications for requests for modifications to district standards shall be submitted with the project’s development application modification requests shall first be reviewed by the Planning Commission.

(b)    The Commission may accept, reject or condition any or all modification requests. If the Commission requests changes, the plans shall be revised before they are sent to the City Council. The Commission shall send all recommendations to the City Council for appropriate final action.

(c)    Attached building residential subdivision projects shall be subject to the City of Watsonville, Residential Development Standards, Multi-Family Condominium & Townhouse Projects (Resolution 317-87 (CM)).

(§ 1, Ord. 1171-04 C-M, eff. March 23, 2004)

Part 11: Home Occupation Permit

14-12.1100 Purpose.

The purpose of this chapter is to provide opportunities for limited commercial and business activities within the City’s residential neighborhoods, provided that such activities are compatible with, and do not detract from, the peace, quiet, character, and quality of the City’s residential areas.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.1101 Application procedure.

No home occupation shall be permitted without the prior issuance of a Home Occupation Permit. Applications for a Home Occupation Permit shall be made upon forms furnished by the Community Development Department, and shall be subject to review and approval by the Zoning Administrator. A Home Occupation Permit shall not be required for any activity or operation with an annual income of less than Five Hundred and no/100ths ($500.00) Dollars, or one for which a business license is not required.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.1102 Review Criteria.

Applications for a Home Occupation Permit shall be evaluated and investigations conducted using the following criteria, which shall also be incorporated as minimum conditions of approval:

(a)    The home occupation shall be compatible with, and secondary to, the use of the premises as a residential dwelling unit;

(b)    The home occupation shall be conducted only by a resident of the dwelling unit in which it occurs. One additional member of the immediate family may assist with the home occupation if he or she also resides at the premises in which the home occupation occurs. No one other than the residents of the dwelling unit shall be employed in the conduct of the home occupation;

(c)    No more than one room, or the equivalent of twenty (20%) percent of the ground floor area of the dwelling unit, whichever is greater, shall be used to conduct the home occupation;

(d)    The home occupation shall be conducted entirely within the dwelling unit or existing accessory structure; provided, however, that the home occupation does not detract from any required living, parking, or storage areas. No building additions or new structures shall be permitted in order to accommodate a home occupation;

(e)    There shall be no change in the outside appearance of the dwelling or premises, or any visible evidence of the conduct of a home occupation;

(f)    Raw materials, intermediate and finished materials, or products, equipment, parts, appliances, vehicles, and by-products of the home occupation shall be stored indoors and shall not be visible from outside the premises;

(g)    Signs used in the home occupation shall comply with Chapter 6 of Title 8 of this Code;

(h)    The home occupation shall not be conducted between the hours of 10:00 p.m. and 8:00 a.m.;

(i)    The home occupation shall not generate additional pedestrian or vehicular traffic; shall not require additional off-street parking spaces for clients or customers; and shall not involve the use of commercial vehicles with six (6) or more wheels for pickup or delivery of materials to or from the premises;

(j)    The home occupation shall not use more than one motor vehicle. Such vehicle shall be owned by the resident of the dwelling, shall be parked in an adequate off-street parking area, and shall not exceed three-quarter ( 3/4) ton in size;

(k)    The home occupation may provide on-site sales and/or service, provided that the following criteria are met:

(1)    The sales and/or service shall not necessitate a need for additional on-site parking;

(2)    Sales and/or services to clients shall be provided on an appointment only basis;

(3)    No more than two (2) clients per hour and sixteen (16) clients per day shall be permitted on-site; and

(4)    No displays of merchandise and/or services rendered on-site shall be directly visible from outside the premises;

(l)    The home occupation, in combination with the residential use of the dwelling, shall not cause a substantial increase in the use of any one or more public utilities including, but not limited to, water, sewer, gas, electricity, and garbage collection;

(m)    The home occupation shall dispose of all waste materials or by-products on a regular, timely basis, in conformance with applicable garbage collection, Fire Department, and environmental health regulations;

(n)    The home occupation shall be limited to the use of hand powered and/or electrically powered tools or devices on the premises. Electrically powered tools or devices shall not exceed one horsepower capacity or equivalent;

(o)    The home occupation shall not utilize any equipment or process which creates noise, vibrations, glare, fumes, odor, smoke, hazardous materials, audio or visual electrical interference in a radio and/or television receiver, or line voltage fluctuations, any of which are detectable to the normal senses at the property line;

(p)    Automotive or vehicular production, repair, bodywork, detailing or modification, and parts assembly, maintenance, repair, or installation shall not be permitted as a home occupation; and

(q)    The home occupation shall be limited to one type of occupation per residence.

The Zoning Administrator is hereby authorized to add to, modify, or delete home occupation conditions of approval as necessitated by a specific permit application. The Zoning Administrator, if necessary, is further authorized, but is not required, to call a public hearing and/or refer a specific home occupation application to the Planning Commission for review and final determination. Such referral shall be made in writing.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.1103 Appeals.

Any interested person shall have the right to appeal any ruling, order or action under this chapter pursuant to the provisions for appeals contained in Part 11 of Chapter 14-10.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.1104 Periodic review.

Home occupations may be subject to periodic review by the Zoning Administrator to ensure compliance with the Home Occupation Permit.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.1105 Transferability.

Home Occupation Permits shall be granted personally to the applicant only, and shall not be transferable to any successor or assign.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.1106 Revocation.

Home Occupation Permits may be revoked by the Zoning Administrator and/or Planning Commission for violation of any of the conditions of approval, provisions of this Code, or for substantial changes in size, scale, or type of occupation. A public hearing may be held to consider a permit revocation in accordance with Part 10 of Chapter 14-10. The public hearing shall be noticed according to procedures contained in Part 9 of Chapter 14-10.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.1107 Conflict with other provisions.

Where there is a conflict between the regulations of this chapter and the regulations of any other section of this Code, the regulations of other sections shall prevail where the regulations of any other section are more restrictive.

(Ord. 1156-03 C-M, eff. May 22, 2003)

Part 12: Sign Permit

14-12.1200 Purpose.

The establishment of regulations and minimum standards for the erection and maintenance of outdoor signs and billboards within the City are necessary for the purpose of promoting the public health, safety, and general welfare, and the establishment of such regulations and minimum standards are in accordance with the provisions of and purposes of the Watsonville Municipal Code.

The City Council further finds that the sign provisions provide minimum standards to safeguard life, health, property and public welfare in keeping with the unique character of the City by regulating and controlling the size, height, design, quality of materials, construction, location, electrification, and maintenance of all signs and signs structures not located within a building, and including temporary signs attached to or affixed upon windows, and to accomplish the following results:

(a)    To protect and enhance the character of residential neighborhoods, open views and vistas, and property values by prohibiting obtrusive and incompatible signs;

(b)    To promote and maintain healthy commercial centers and property values for effective communication of the nature of goods and services and avoidance of wasteful, ugly and unsightly competition in signs;

(c)    To provide a reasonable and comprehensive system of control of signs, integrated within a part of the general planning program and Zoning Code, and not as a distinct police power that is exercised separate and apart from the zoning power;

(d)    To encourage signs which are well-designed and pleasing in appearance and to provide incentive and latitude for variety, good design relationship and spacing and location;

(e)    To encourage a desirable area character with a minimum of overhead clutter;

(f)    To attract and direct persons to various activities and enterprises in order to provide for the maximum public convenience; and

(g)    To enhance the economic value of the community and each area in it through the regulation of size, location, design and illumination of signs.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.1201 General provisions.

It is unlawful for any person to erect, enlarge, alter, or relocate, within the City of Watsonville, any sign or other advertising structure as defined in the Sign Code in Chapter 8 of Section 6 of this Code without first obtaining a Sign Permit and where applicable a Building Permit. Sign Permits are valid for 180 days after issuance.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.1202 Application Procedure.

An application must be submitted by the property owner or by an agent on the owner’s behalf on the form provided by the Community Development Department in accordance with Part 4 of Chapter 14-10, with the applicable fee established by resolution.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.1203 Review Criteria.

(a)    The Zoning Administrator shall check the application, plans and specifications for Sign Permits. If it appears that work described in an application for permit and the plans and specifications filed therewith conform to the requirements of Chapter 8-6 of this Code and all other laws and ordinances and the appropriate fees have been paid, a Sign Permit shall be issued and forwarded to the Building Division for Building Permit issuance.

(b)    If the Zoning Administrator determines from the application or from the inspection of the premises that signs or other advertising structures exist on the premises, no permit shall be issued for any new sign or advertising structure which would increase the gross size or dimensional area of all signs or advertising structures beyond the allowable limits.

(c)    If the Zoning Administrator determines from the application and accompanying plans or drawings that a proposed sign or advertising structure is, by reason of unusual or unique shape, color combination or context, likely to be out of harmony with the prevailing style or pattern of signs or advertising structures in the area of the City in which it is proposed to be located, the Zoning Administrator shall forthwith submit the application and accompanying data as herein required to the Planning Commission, and the Commission shall consider and review the same within thirty (30) working days from the date of filing. If the Commission finds and determines that the proposed sign or advertising structure is offensive or undesirable from the standpoint of color harmonics, size or if by reason of its shape, context or unique graphic portrayal of an object or objects it will create disharmony, it may reject or disapprove the application. In the alternative, it may recommend any changes, alterations or modifications of the proposed sign or advertising structures as will cause it to harmonize with the prevailing architectural or existing sign or sign pattern or patterns. In the event the application is rejected or disapproved, or in the event the applicant refuses or declines to comply with any recommendations of the Planning Commission for change, alteration or modification, the applicant may appeal as provided in Part 11 of Chapter 14-10.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.1204 Inspection.

Every sign erected in the City shall be subject to inspection by the Community Development Department to ensure compliance with all provisions of this section and title as amended.

(Ord. 1156-03 C-M, eff. May 22, 2003)

Part 13: Temporary Use Permit

14-12.1300 Purpose.

The purpose of this chapter is to regulate land use activities of a temporary nature so as to protect the public health, safety, and welfare and to ensure that temporary uses will be compatible with surrounding land uses, to protect the rights of adjacent residents and landowners, and to minimize any adverse effects on surrounding properties and the environment.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.1301 General provisions.

(a)    Temporary uses shall be permitted only as specified in those zone districts where temporary uses are specifically permitted.

(b)    A temporary use or structure which does not have a valid Temporary Use Permit is declared to be a public nuisance, subject to the enforcement provisions of this code and other applicable laws.

(c)    A change in ownership or operator of a use or structure subject to a Temporary Use Permit, as specified in this chapter, or an approved change or modification to the structure or use allowed on a parcel subject to a permit, shall not affect the time periods established by this chapter to allow the temporary uses or structures.

(d)    When the last period of time allowed by this chapter has lapsed, the Temporary Use Permit and any extension are void.

(e)    Noncompliance with the conditions of approval for the Use Permit shall be grounds for the reviewing authority to cancel and void any permit for a temporary use. The reviewing authority shall give notice of the action, along with the reasons for the action, to the applicant. The applicant may appeal the decision by filing an appeal as allowed and specified in Part 11 of Chapter 14-10.

(f)    Except as otherwise provided in this chapter, the Zoning Administrator is authorized to approve, conditionally approve or deny a permit for a temporary use. The Zoning Administrator may establish conditions and limitations, including but not limited to hours of operation, provision of parking areas, signing and lighting, traffic circulation and access, temporary or permanent site improvements, and other measures necessary to minimize potential effects on properties adjacent to and in the vicinity of the proposed temporary use.

(g)    Except for temporary signage permits, the Community Development Department may require a cash deposit or other security to defray the costs of cleanup of a site in the event the applicant fails to leave the property in a presentable and satisfactory condition, or to guarantee removal or re-conversion of any temporary use to a permanent use allowed in the subject zone district.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.1302 Temporary Use Permit.

A Temporary Use Permit shall be required for the following temporary uses:

(a)    Parking lot and sidewalk sales, outdoor art and craft shows and exhibits located within an existing shopping center in commercially zoned property, subject to the development standards and sign standards contained within this development code and including the following requirements:

(1)    The event is within an existing shopping center;

(2)    The event is entirely within private property;

(3)    The event does not interfere with disabled access;

(4)    The event shall be limited to not more than six (6) days, including setup and tear-down, of operation in any sixty (60) day period;

(5)    One banner per street frontage may be utilized, provided the size of each banner does not exceed thirty (30) square feet, provided that the banner is securely affixed to a permanent structure or an alternative means as approved by the Zoning Administrator and is displayed only during the event;

(b)    Grand openings and anniversary events for businesses located within a non-residentially zoned property, subject to the development standards and sign standards contained within this development code and including the following requirements:

(1)    The events shall be limited to a maximum of seven (7) days, including setup and tear-down, and be held no more than once annually.

(2)    One banner per business that is included in the grand opening or anniversary event may be utilized, provided the size of each banner does not exceed thirty (30) square feet, and provided that each banner is securely affixed to a permanent structure or an alternative means as approved by the Zoning Administrator;

(c)    Seasonal Sales and Events. The following sales and events are subject to obtaining an Administrative Use Permit in accordance with Section 14-26.030.

(1)    Christmas tree sales (thirty (30) days maximum);

(2)    Firework sales;

(3)    Temporary circus and carnival activities (four (4) days maximum);

(4)    Special Auto sales events (five (5) days maximum, existing City dealers only).

(d)    Seasonal Transient Temporary Vendors shall be subject to the following:

(1)    Any person proposing to conduct sales of flowers and other goods for Mother’s Day or Valentine’s Day shall submit an application to the City on or before January 15th of each year:

(i)    Permits may be only issued to local vendors. Local vendors are defined as residing and/or owning a business located within a seven (7) mile radius of the City;

(ii)    The number of Temporary Use Permits for transient seasonal vendors shall be limited to a maximum of ten (10) annually;

(iii)    No person or business shall receive more than one Temporary Use Permit nor operate from more than one location. Only one vendor shall be permitted per parcel per event;

(iv)    In the event more than ten (10) applications are received, permits shall be issued following a lottery conducted by the Zoning Administrator;

(v)    Temporary Use Permits for transient seasonal vendors shall be limited to two (2) occasions: (1) Valentine’s Day; and (2) Mother’s Day;

(vi)    Temporary Use Permits shall be valid for a total of six (6) days, three (3) for each occasion inclusive of Valentine’s Day and Mother’s Day as well as any set-up and clean-up.

(vii)    Transient seasonal vendors shall abide by all other provisions of the Watsonville Municipal Code.

(e)    Temporary Office Modules for Construction Sites. The use of temporary structures, such as trailers or pre-fabricated structures for use as interim construction and businesses offices on active construction sites may be permitted in any zone which allows the permanent use, subject to the following requirements:

(1)    The Zoning Administrator may approve a temporary office module for the duration of the construction project, or for a specified period of time;

(2)    Installation of structures may occur only after a valid building permit (where required) has been issued by the city;

(3)    The temporary office module installation must meet all applicable requirements of the City;

(4)    Any permit issued pursuant to this chapter in conjunction with an overall site construction project shall become invalid upon cancellation or, expiration of the permit, or issuance of the final certificate of occupancy;

(5)    The permitted office module shall be removed from the site within thirty (30) days following the issuance of the final certificate of occupancy, completion of project or upon occupancy of the permanent sales office where the structure is used as a temporary sales office;

(f)    In-tract Model Home Sales Offices. A model home sales office may be constructed within a recorded subdivision. One model within the tract may be used as an office solely for the sale of homes within the tract or complex. All offices are subject to the following conditions:

(1)    The sales office shall be located within a garage or the main structure of one of the dwelling units within the subdivision. A modular office may be utilized on the site for up to one hundred eighty (180) days unless otherwise authorized by an Administrative Use Permit;

(2)    Model home sales office approvals shall be valid for an initial period of three (3) years, or as otherwise approved in the Temporary Use Permit. Upon expiration of the Temporary Use Permit, the sales office shall be terminated, the structure restored to a residential use and all appurtenant structures related to the model home complex removed. Extensions may be granted by the Zoning Administrator in one year increments until all units are sold;

(3)    A cash deposit, letter of credit, or other security approved by the City, if applicable, shall be submitted to the Community Development Department, in an amount to be established by the building official, to ensure the restoration of the sales office and the removal of parking facilities and other structures associated with the office;

(4)    The sales office is to be used only for transactions involving the sale, rent, or lease of lots or structures within the subdivision in which the sales office is located, contiguous subdivisions, phases or a planned community;

(5)    Street improvements and temporary parking at a rate of two (2) spaces per model, or a minimum of four (4) spaces, whichever is greater, shall be completed as approved by the Zoning Administrator, prior to commencement of sales activities or the display of model homes;

(6)    All fences proposed in conjunction with the model homes and sales office are to be located outside the public right-of-way;

(7)    Signs are permitted and regulated pursuant to the applicable chapters of this title;

(8)    Adequate on-site lighting may be required to ensure a safe and secure environment, while at the same time being designed and placed to prevent stray light or glare from becoming a nuisance factor for adjacent properties. The lighting design shall be submitted for review and approval of the Zoning Administrator prior to the issuance of building permits on the subject site;

(9)    Adequate paved access from a public right-of-way shall be provided to the model home complex and sales office.

(g)    Other. For those other uses identified as temporary uses, the Zoning Administrator may approve a Temporary Use Permit subject to the following:

(1)    Installation of a structure may occur only after a valid building permit, where required, has been issued.

(Ord. 1156-03 C-M, eff. May 22, 2003, as amended by § 1, Ord. 1243-08 (CM), eff. November 27, 2008)

14-12.1303 Application procedure.

Applications for temporary uses or signs, as described in this chapter, must be filed with the Community Development Department along with the required fee established by resolution of the Council, and shall be subject to the specified requirements and criteria and to any other additional conditions reasonably required by the City.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.1304 Review criteria.

No temporary use shall be approved unless it can be determined that:

(a)    The use will be compatible with adjacent uses and will not adversely affect the surrounding area by means of noise, odor, dust or other nuisances;

(b)    Any increase in traffic resulting from the use will not adversely affect the surrounding area or City at large;

(c)    The proposed use conforms with all applicable policies and ordinances of the City.

(Ord. 1156-03 C-M, eff. May 22, 2003)

Part 14: Fence Permits

14-12.1400 General provisions.

A Fence Permit is required for all fences constructed within the City of Watsonville in accordance with the design standards in Chapter 14-32.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.1401 Application procedure.

An application must be submitted by the property owner or by an agent on the owner’s behalf on the form provided by the Community Development Department in accordance with Part 4 of Chapter 14-10.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.1402 Administrative Review Permit.

All applications that meet the design standards in Chapter 14-32 shall be processed as an Administrative Review Permit in accordance with Part 3 of this chapter.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-12.1403 Administrative Use Permit.

All applications that exceed the design standards in Chapter 14-32 shall be processed as an Administrative Use Permit in accordance with Part 5 of this chapter, subject to findings required by Section 14-32.080.

(Ord. 1156-03 C-M, eff. May 22, 2003)