Chapter 23.16
PERMIT REQUIREMENTS
Sections:
23.16.010 Permit requirements and exemptions.
23.16.020 Zoning clearance/plan check.
23.16.027 Uniform sign program.
23.16.030 Minor deviation.
23.16.037 Parking reduction permit.
23.16.040 Variance.
23.16.050 Temporary use permit.
23.16.060 Repealed.
23.16.065 Reasonable accommodation.
23.16.070 Conditional use permit.
23.16.080 Design review.
23.16.090 Specific plans.
23.16.100 Special planning area.
23.16.110 Zoning amendments (text and map).
23.16.120 General Plan amendments (text and map).
23.16.130 Prezoning.
23.16.140 Development agreements.
23.16.010 Permit requirements and exemptions.
All planning and zoning-related permits and actions required and regulated by the City are listed herein. Such permits generally fall into three categories based on the type of permit or action and the level of review:
A. Administrative permits and actions;
B. Quasi-judicial permits and actions; and
C. Legislative actions.
Each permit type is described in this section in terms of purpose and applicability, approving authority, and unique processing provisions. See EGMC Chapter 23.14, General Application Processing Procedures, for general application submittal, review, noticing/hearing, and appeal provisions. The permit process for review, decision, and appeal of signs is listed in EGMC Section 23.62.080, Sign permits, sign-related decisions and orders, and internal appeals. Exemptions to permit requirements are listed throughout this title. Provisions for tentative parcel maps and tentative subdivision maps are listed in EGMC Title 22. [Ord. 26-2006 §3, eff. 8-11-2006]
23.16.020 Zoning clearance/plan check.
A. Purpose and Applicability. The purpose of zoning clearance/plan check is to ensure that all new and modified uses and structures comply with applicable provisions of this title, using simple administrative plan check procedures. Zoning clearance/plan check is required for all structures that require a building permit and for signs.
B. Approving Authority. The designated approving authority for zoning clearance/plan check is the Planning Director. The Planning Director approves, conditionally approves, or denies the zoning clearance/plan check in accordance with the requirements of this title.
C. Process.
1. Generally. No application form is necessary for zoning clearance/plan check. This process will be conducted by the Planning Director as part of the building permit application review. Zoning clearance shall be granted only when the Planning Director finds the proposal to be in conformance with all applicable provisions of this title. The Planning Director may modify plans in whole or in part, apply conditions of approval, or require guarantees to ensure compliance with applicable provisions of this title. Building permits shall not be issued without approval of zoning clearance/plan check.
2. Signs. The process for reviewing signs shall be as generally provided above, except that additional information describing the existing signs on the project site and the new proposed signs shall be required on a form provided by the Planning Department. Further, upon approval of the proposed project, the Planning Director shall issue a sign permit for the sign. The permit shall be on a label provided by the Planning Department indicating the building permit file number associated with that sign. The permit shall be affixed to the sign in a conspicuous place. [Ord. 8-2011 §8(A), eff. 6-24-2011]
23.16.027 Uniform sign program.
A. Purpose and Applicability. There are two (2) types of uniform sign programs: major and minor. Both programs provide a process for the City’s review of and decisions related to requests for signs for multi-tenant projects. The intent of the uniform sign programs are to allow for the integration of a project’s signs with the design of the structures involved to achieve a unified architectural statement and to approve common sign regulations for multi-tenant projects. A uniform sign program (either major or minor) shall be required for all new multi-tenant shopping centers, office parks, and other multi-tenant, mixed use, or otherwise integrated developments of three (3) or more separate tenants/uses that share buildings, public spaces, landscape, and/or parking facilities. The differences between the programs are as follows:
1. Minor Uniform Sign Program. A minor uniform sign program does not allow for deviations from the signage standards in this title.
2. Major Uniform Sign Program. The intent of the major uniform sign program is to:
a. Provide a process for the application of sign regulations in ways that will allow creatively designed signs that make a positive visual contribution to the overall image of the City, while mitigating the impacts of large or unusually designed signs; and
b. Allow for the installation of signs larger, taller, and/or more numerous than otherwise permitted by this title.
B. Approving Authority. The designated approving authority for uniform sign programs (both major and minor) are listed below. In evaluating a uniform sign program, the designated approving authority shall not consider the graphic design or message of any noncommercial message proposed for any of the signs within the program.
1. Minor Uniform Sign Program. The Planning Director shall be the designated approving authority for a minor uniform sign program. The Planning Director shall approve or deny applications for minor design after making the necessary findings.
2. Major Uniform Sign Program. The designated approving authority for a major uniform sign program is the Planning Commission. The Planning Director provides a recommendation and the Planning Commission approves, conditionally approves, or denies the major uniform sign program in accordance with the requirements of this title. The Planning Commission shall approve, approve with conditions, or deny applications for a major uniform sign program after making the necessary findings.
C. Procedure. The procedures for a uniform sign program shall be as provided in EGMC Chapter 23.14 (General Application Processing Procedures), except as provided below:
1. Minor Uniform Sign Program. No public hearing or notice shall be required.
2. Major Uniform Sign Program. A public hearing shall be required and public notice shall be provided as specified in EGMC Section 23.14.040, Public notices.
D. Standards. The uniform sign program (both major and minor) shall include criteria for building-attached signs, freestanding building signs, and the integrated development itself to establish consistency of sign type, location, center logo, and/or letter height, lines of copy, illumination, and construction details of signs for the project. All signs within the development shall be consistent with the approved uniform sign program. The message substitution policy of EGMC Chapter 23.62 shall be deemed incorporated in every sign program, even if the sign program documents do not explicitly so state.
1. Minor Uniform Sign Program. Maximum size, location, height, setback, and other development standards for signs in the minor uniform sign program shall be consistent with the standards of this title. No deviations from sign standards are allowed through a minor uniform sign program.
2. Major Uniform Sign Program.
a. Deviations Allowed. The following types of deviations from the signage standards of this title may be requested by the applicant for a major uniform sign program and may, upon written findings, be approved by the approving authority:
i. Increases in maximum allowed area per tenant for permanent signs on the subject site not to exceed one hundred fifty (150%) percent of the respective development standards in the underlying zoning district for the subject parcel (for a total of fifty (50%) percent more than the respective development standard);
ii. Increases in the total number of monument signs allowed per project not to exceed two hundred (200%) percent of the respective development standards in the underlying zoning district for the subject parcel (for a total of one hundred (100%) percent more than the respective development standard);
iii. Allowances for signs to exceed the maximum height and length requirement(s) not to exceed one hundred twenty-five (125%) percent of the respective development standards in the underlying zoning district for the subject parcel (for a total of twenty-five (25%) percent more than the respective development standard);
iv. All other sign deviations require approval of a variance application. The general operational standards (e.g., lighting, setback, etc.) listed in EGMC Sections 23.62.110 and 23.62.120 shall be observed.
b. Deviations Prohibited. A major uniform sign program shall not be used to allow prohibited signs listed in EGMC Section 23.62.100, including electronic readerboard signs, and/or billboard signs in accordance with EGMC Chapter 23.47.
c. Considerations and Basis for Deviations. In approving an application for a major uniform sign program and any deviations from the signage standards of this title, the designated approving authority shall ensure that the proposed sign meets all of the following criteria:
i. Design Quality. The sign shall:
(A) Have a positive visual impact on the surrounding area;
(B) Be of a unique design and exhibit a high degree of imagination, inventiveness, and thoughtfulness; and
(C) Provide strong graphic character through the imaginative use of any of the following: color, graphics, proportion, quality materials, scale, and texture.
ii. Contextual Criteria. The sign shall contain at least one (1) of the following elements:
(A) Creative image reflecting current or historic character of the City; or
(B) Inventive representation of the logo, name, or use of the structure or business.
iii. Architectural Criteria. The sign shall:
(A) Utilize or enhance the architectural elements of the related building(s); and
(B) Be placed in a logical location in relation to the overall composition of the building’s facade and not cover any key architectural features and details of the facade.
iv. Impacts on Surrounding Uses. The sign shall be located and designed so as not to cause light and glare impacts on surrounding uses, especially residential uses, and vehicle circulation patterns.
E. Findings.
1. Minor Uniform Sign Program. A minor uniform sign program, or revisions thereto, may be approved only when the designated approving authority makes findings of fact that the proposed sign program is consistent with the development standards for a uniform sign program as established in this section.
2. Major Uniform Sign Program. A major uniform sign program, or revisions thereto, may be approved only when the designated approving authority makes all of the following findings:
a. The proposed major uniform sign program is consistent with the objectives of the General Plan;
b. The proposed signage is consistent with the purposes of the major uniform sign program; and
c. The proposed deviations from the signage standards of this title are consistent with the considerations and basis for deviations listed in the title.
F. Conditions. Only in the case of a major uniform sign program may the designated approving authority modify plans in whole or in part and condition the uniform sign program permit to ensure specific design features, construction materials, and conformance with all applicable provisions of this title. [Ord. 8-2011 §8(B), eff. 6-24-2011]
23.16.030 Minor deviation.
A. Purpose and Applicability. The purpose of the minor deviation is to allow some flexibility in project design with regards to specific development standards. Minor deviations do not apply to the use of property. To achieve more flexible standards, the designated approving authority may grant minor deviations to the building height, setback, lot coverage, and parking provisions not to exceed ten (10%) percent of the respective development standards in the underlying zoning district for the subject parcel. All other deviations require approval of a variance application.
B. Approving Authority. The designated approving authority for minor deviations is the Planning Director. The Planning Director approves or denies the minor deviation in accordance with the requirements of this title.
C. Findings. The Planning Director may approve and/or modify any application for a minor deviation in whole or in part with the following findings:
1. The deviation(s) improve the site, architectural, and/or overall project design; and
2. The deviation(s) are materially consistent with the project and are compatible with surrounding uses and structures. [Ord. 8-2011 §8(C), eff. 6-24-2011]
23.16.037 Parking reduction permit.
A. Purpose. A parking reduction permit provides a process for the review of requests for reduction in the number of required parking spaces by more than ten (10%) percent of the respective development standards where such reduction is justified without compromising the basic health, safety and welfare of the community. Also see EGMC Section 23.16.030, Minor deviation, for deviations that are ten (10%) percent or less of the respective development standards. Through the parking reduction permit, the City is creating a formal, documented process for the allowance of parking reductions.
B. Applicability. The minimum number of off-street parking spaces required by this title may be reduced when one (1) or more of the following parking reduction programs, as described in EGMC Section 23.58.060, is approved through a granted parking reduction permit:
1. Facilities and programs;
2. Preferred carpool/vanpool parking spaces;
3. Proximity to alternative modes;
4. Shared parking; and
5. Vehicle park-and-ride lot requirements at shopping centers.
C. Approving Authority. The designated approving authority for all parking reduction permits shall be the Planning Director. The Planning Director approves or denies the parking reduction permit in accordance with the requirements of this title.
D. Submittal Requirements. The application for a parking reduction permit shall be made on a form as prescribed by the Planning Department and shall be accompanied by the information identified on the form. The City may require a parking demand study, conducted by a licensed traffic engineer or other transportation professional satisfactory to the Planning Director, be prepared as part of an application submittal when, at the discretion of the Planning Director, such a study would provide necessary technical information in order to adequately review the request.
E. Findings. A request for parking reduction shall be granted only if the approving authority makes the following findings:
1. For mixed use projects, a request for parking reduction may be granted where the approving authority determines that a reduction is justified based on characteristics of the uses, hourly parking demand studies published by the Urban Land Institute, or other appropriate information demonstrating that sufficient parking capacity will exist to accommodate all uses at all times as determined by the Director.
2. For any other circumstance where the applicant wishes to request a parking reduction, such reduction may be granted where the review authority finds that:
a. The intent of the parking regulations, in compliance with all other applicable provisions of this title, is met; and
b. Sufficient parking would be provided to serve the use intended and potential future uses of the subject parcel. [Ord. 12-2012 §3, eff. 7-27-2012; Ord. 8-2011 §8(D), eff. 6-24-2011]
23.16.040 Variance.
A. Purpose and Applicability. In accordance with Section 65906 of the California Government Code, a variance request allows the City to grant exception to the development standards and provisions of this title in cases where, because of special circumstances applicable to the property, the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and under identical land use zoning districts. A variance approval is required to grant exception from any of the development standards and provisions of this title. Variance applications may not be granted for uses or activities not otherwise permitted by zoning district regulations.
B. Approving Authority. The designated approving authority for a variance is the Planning Commission. The Planning Director provides a recommendation and the Planning Commission approves, conditionally approves, or denies the variance in accordance with the requirements of this title.
C. Findings. The Planning Commission may approve and/or modify any variance application in whole or in part, with or without conditions, only if the applicant can demonstrate to the Planning Commission that the circumstances of their particular case can justify making all of the following findings:
1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, such that the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and under identical land use zoning district classifications.
2. That granting the variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use zoning district in which such property is located.
3. That granting the variance will not adversely affect the interests of the public or the interests of residents and property owners in the vicinity of the premises in question.
4. That granting the variance is consistent with the objectives of the General Plan and EGMC Title 23.
D. Conditions. The Planning Commission may impose conditions for the variance to ensure compliance with this section and other applicable provisions of this title.
E. Repealed by Ord. 8-2011. [Ord. 8-2011 §§8(E), (F), eff. 6-24-2011; Ord. 26-2006 §3, eff. 8-11-2006]
23.16.050 Temporary use permit.
A. Purpose and Applicability. The purpose of a temporary use permit is to allow uses of a temporary nature on private property to exist for a specified length of time, in a manner which will not adversely impact the general welfare of persons residing in the community. A temporary use permit is required prior to the construction or operation of any facilities or uses associated with any activity that requires authorization of a temporary use permit. Also see temporary use provisions in EGMC Chapter 23.92, Temporary Uses, and permanent outdoor use provisions in EGMC Chapter 23.86, Outdoor Sales, Display, Storage, and Seating.
B. Approving Authority. The designated approving authority for temporary use permits is the Planning Director. The Planning Director approves, conditionally approves, or denies the temporary use permit in accordance with the requirements of this title.
C. Findings. A temporary use permit shall be granted only when the designated approving authority finds that the proposed activity complies with all of the following criteria:
1. The establishment, maintenance or operation of the temporary use will not be detrimental to the public health, safety or welfare of the persons residing or working in the neighborhood of the proposed use (e.g., excessive dust, noise, light, odor, or other objectionable characteristics).
2. The temporary use is in conformance with applicable provisions of this title and other regulations of the City, including but not limited to fire access and prevention, security provisions, and access to necessary water and sewer services.
3. Measures for removal of the use and site restoration have been required.
D. Conditions/Guarantees. The following conditions shall apply to all temporary use permits. The approving authority may impose additional conditions and/or require guarantees to ensure conformance with this title.
1. Requirements for vehicular ingress/egress and corresponding traffic safety provisions, parking requirements and facilities, and hours of operation.
2. Regulation of public nuisance factors (e.g., light glare, noise, vibration, smoke, dust, dirt, odors, gases, and heat).
3. Regulation of maintenance and site restoration during and after termination of the temporary use or expiration of the temporary use permit. A bond or other form of security acceptable to the Planning Director may be required prior to the initiation of the use to ensure cleanup after the use is finished.
E. Repealed by Ord. 8-2011. [Ord. 8-2011 §8(G), eff. 6-24-2011; Ord. 26-2006 §3, eff. 8-11-2006]
23.16.060 Minor use permit.
Repealed by Ord. 8-2011. [Ord. 16-2009 §3, eff. 9-25-2009; Ord. 26-2006 §3, eff. 8-11-2006]
23.16.065 Reasonable accommodation.
A. Purpose and Intent. The purpose of allowing reasonable accommodation(s) is to provide a process for individuals with disabilities to make requests for reasonable accommodation(s) for relief from the various land use, zoning, or rules, policies, practices, and/or procedures of the City. It is the policy of the City, pursuant to the Federal Fair Housing Act (as amended), to provide people with disabilities reasonable accommodation(s) in rules, policies, and procedures that may be necessary to ensure equal access to housing.
B. Requesting Reasonable Accommodation(s).
1. In order to make specific housing available to an individual with a disability, a disabled person or representative may request reasonable accommodation(s) relating to the various land use, zoning, or rules, policies, practices, and/or procedures of the City.
2. If an individual needs assistance in making the request for reasonable accommodation(s) or appealing a determination regarding reasonable accommodation(s), the Planning Director will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant.
3. A request for reasonable accommodation(s) with regard to City regulations, rules, policies, practices, and/or procedures may be filed on an application form provided by the Planning Director at the time that the accommodation may be necessary to ensure equal access to housing.
C. Required Information. The applicant shall provide the following information when requesting reasonable accommodation(s). This information shall be made part of the public record for the project and subject to all applicable State and Federal laws for public access to records.
1. A completed City application indicating, among other things, the applicant’s name, address, and telephone;
2. Address of the property for which the request is being made;
3. The current actual use of the property;
4. The EGMC Title 23 provision, regulation, or policy from which reasonable accommodation(s) is being requested;
5. The basis for the claim that the person(s) for whom the reasonable accommodation(s) is/are sought is/are considered disabled under the Fair Housing Act and why the accommodation is reasonably necessary to make specific housing available to the person(s);
6. Such other relevant information as may be requested by the Planning Director as the Director reasonably concludes is necessary to determine whether the findings required by subsection (F) of this section (Required Findings for Reasonable Accommodation(s)) can be made, so long as any request for information regarding the disability of the individuals benefited complies with fair housing law protections and the privacy rights of the individual(s) affected.
D. Approving Authority and Approval Process.
1. The Planning Director shall have the authority to consider and take action on requests for reasonable accommodation(s). When a request for reasonable accommodation(s) is filed with the Planning Department, it will be referred to the Planning Director for review and consideration as a ministerial action unless determined otherwise by the Planning Director. A request for reasonable accommodation(s) shall be considered ministerial in nature when it is related to a physical improvement that cannot be constructed to conform to the City’s setbacks or design standards. Typical improvements considered to be “ministerial” in nature would include ramps, walls, handrails, or other physical improvements necessary to accommodate a person’s disability. The Planning Director shall issue a written determination of his or her action within fifteen (15) days of the date of receipt of a completed application and may:
a. Grant or deny the accommodation request; or
b. Grant the accommodation request subject to specified nondiscriminatory condition(s); or
c. Forward the request to the Planning Commission for consideration as a conditional use permit and subject to the findings stated in subsection (F) of this section (Required Findings for Reasonable Accommodation(s)).
2. In the event the Planning Director determines that the request for reasonable accommodation(s) is non-ministerial in nature, such request shall be forwarded to the Planning Commission in accordance with EGMC Section 23.16.070, Conditional use permit, and shall be subject to the findings stated in subsection (F) of this section (Required Findings for Reasonable Accommodation(s)).
3. All written determinations of actions of the Planning Director shall give notice of the right to appeal and the right to request Reasonable Accommodation(s) on the appeals process (e.g., requesting that City staff attempt to schedule an appeal hearing as soon as legally and practically possible), if necessary. The notice of action shall be sent to the applicant by mail.
4. If necessary to reach a determination or action on the request for reasonable accommodation(s), the Planning Director may request further information from the applicant specifying in detail what information is required. In the event a request for further information is made, the fifteen (15) day period to issue a written determination shall be stayed until the applicant fully and sufficiently responds to the request.
E. Considerations.
1. The City may consider, but is not limited to, the following factors in determining whether the requested accommodation is necessary to provide one (1) or more individuals with a disability an equal opportunity to use and enjoy a dwelling:
a. Whether the requested accommodation will affirmatively enhance the quality of life of one (1) or more individuals with a disability;
b. Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation;
c. In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants;
d. In the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting.
2. The City may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of this title:
a. Whether the requested accommodation would fundamentally alter the character of the neighborhood;
b. Whether the accommodation would result in a substantial increase in traffic or insufficient parking;
c. Whether granting the requested accommodation would substantially undermine any express purpose of either the City’s General Plan or an applicable specific plan;
d. In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.
F. Required Findings for Reasonable Accommodation(s). In making a determination regarding the reasonableness of a requested reasonable accommodation(s), the approving authority shall make the following findings:
1. The housing which is the subject of the request for reasonable accommodation(s) will be used for an individual protected under the Fair Housing Act.
2. The request for reasonable accommodation(s) is necessary to make specific housing available to an individual protected under the Fair Housing Act.
3. The requested reasonable accommodation(s) does not impose an undue financial or administrative burden on the City and does not fundamentally alter City zoning, development standards, policies, or procedures.
4. The requested accommodation will not result in a fundamental alteration in the nature of the City’s zoning program, as “fundamental alteration” is defined in fair housing laws and interpretive case law.
5. The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others. [Ord. 8-2011 §8(I), eff. 6-24-2011]
23.16.070 Conditional use permit.
A. Purpose and Applicability. The purpose of the conditional use permit is for the individual review of uses typically having unusual site-development features or operating characteristics, to ensure compatibility with surrounding areas and uses. A conditional use permit is required for all uses specifically identified as requiring a conditional use permit in Division III, Zoning Districts, Allowable Land Uses, and Development Standards, and Division V, Special Use Regulations, of this title.
B. Approving Authority. The designated approving authority for a conditional use permit is the Planning Commission. The Planning Director provides a recommendation and the Planning Commission approves, conditionally approves, or denies the conditional use permit in accordance with the requirements of this title.
C. Findings. Conditional use permits are quasi-judicial and shall be granted only when the Planning Commission determines that the proposed use or activity complies with all of the following findings:
1. The proposed use is consistent with the General Plan and all applicable provisions of this title.
2. The establishment, maintenance or operation of the use applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of such use, or the general welfare of the City.
D. Conditions/Guarantees. The Planning Commission may impose conditions and/or require guarantees for the conditional use permit to ensure compliance with this section and other applicable provisions of this title and to prevent adverse or detrimental impact to the surrounding neighborhood.
E. Repealed by Ord. 8-2011. [Ord. 8-2011 §8(J), eff. 6-24-2011; Ord. 26-2006 §3, eff. 8-11-2006]
23.16.080 Design review.
A. Purpose and Intent. The purpose of the design review process is to promote the orderly and harmonious growth of the City; to encourage development in keeping with the desired character of the City; to ensure physical, visual, and functional compatibility between uses; and to help prevent the depreciation of land values by ensuring proper attention is given to site and architectural design. This permit is intended to provide a process for consideration of development proposals in which the site, architectural, and overall project design are substantially improved by, and provides a City benefit with, the consideration of minor modifications to the conventional development regulations of the underlying zoning district. However, the flexibility does not apply to use of the land in that only those uses permitted within the underlying zoning district are allowed.
B. Design Review Applicability. There are two (2) types of design review: major and minor.
1. Minor Design Review. A minor design review permit is required for the following items:
a. Master home plans for single-family residential subdivisions;
b. New construction of a multifamily residential building or structure with fewer than one hundred fifty (150) units;
c. New construction of a nonresidential building or structure less than ten thousand (10,000 ft2) square feet (e.g., commercial, office, industrial, public/quasi-public);
d. Additions of more than one thousand (1,000 ft2) square feet and less than ten thousand (10,000 ft2) square feet to multifamily residential buildings or structures or nonresidential buildings or structures;
e. The exterior remodel of multifamily residential buildings or structures or nonresidential buildings or structures;
f. Non-required fences in accordance with EGMC Chapter 23.52;
g. Permanent outdoor storage and service uses in accordance with EGMC Chapter 23.86;
h. Permanent and seasonal outdoor seating in accordance with EGMC Chapter 23.86;
i. Modification of nonconforming structures in accordance with EGMC Section 23.84.020; and
j. Other items identified in this title.
2. Major Design Review. A major design review permit is required for the following items:
a. Single-family residential subdivision maps;
b. New construction of a multifamily residential building or structure with one hundred fifty (150) or more units;
c. New construction of a nonresidential building or structure ten thousand (10,000 ft2) square feet or more (e.g., commercial, office, industrial, public/quasi-public);
d. Additions of ten thousand (10,000 ft2) square feet or more to multifamily residential buildings or structures or nonresidential buildings or structures;
e. Other items identified in this title.
3. Exemptions. The following structures are exempt from design review (major and minor). However, such structures may require additional permits, such as a ministerial building permit, to ensure compliance with adopted building code standards and applicable Zoning Code provisions.
a. Single-family custom homes;
b. Additions to or the exterior remodels of single-family residential homes;
c. Additions to multifamily residential buildings or structures less than one thousand (1,000 ft2) square feet in size;
d. Additions to nonresidential buildings or structures less than one thousand (1,000 ft2) square feet in size;
e. Accessory structures consistent with the provisions of EGMC Chapter 23.46, Accessory Structures;
f. Repairs and maintenance to the site or structure that do not add to, enlarge, or expand the area occupied by the land use, or the floor area of the structure and that employ the same materials and design as the original construction;
g. Interior alterations that do not increase the gross floor area within the structure, or change/expand the permitted use of the structure (including solar collectors); and
h. Construction, alteration, or maintenance by a public utility or public agency of underground or overhead utilities intended to service existing or nearby approved developments (e.g., water, gas, electric or telecommunication supply or disposal systems, including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, and similar facilities and equipment).
C. Approving Authority. The designated approving authorities for design review (both major and minor) are listed below. For any design review process not specifically identified in subsection (B) of this section (Design Review Applicability), the Planning Commission shall be the designated approving authority.
1. Minor Design Review. The Planning Director shall be the designated approving authority for minor design review. The Planning Director shall approve or deny applications for minor design after making the necessary findings. Minor design review approval is required prior to issuance of any ministerial building permits or site improvement plans and prior to or in conjunction with discretionary action of corresponding development applications (e.g., conditional use permit, variance).
a. Planning Director Right to Elevate. The Planning Director may elevate a minor design review permit to the Planning Commission for review and consideration if, in the discretion of the Planning Director, the application could not be simply approved without conditions or denied or if the Planning Director determines that because of location, size, or design the project warrants a hearing before the Planning Commission. In such instances, the permit request shall become a major design review.
2. Major Design Review. The Planning Commission shall be the designated approving authority for major design review. The Planning Commission shall approve, approve with conditions, or deny applications for major design review after making the necessary findings. Major design review approval is required prior to issuance of any ministerial building permits or site improvement plans and prior to or in conjunction with discretionary action of corresponding development applications (e.g., conditional use permit, variance).
D. Procedure. The procedures for design review shall be as provided in EGMC Chapter 23.14 (General Application Processing Procedures), except as provided below:
1. Minor Design Review. No public hearing or notice shall be required.
2. Major Design Review. A public hearing shall be required and public notice shall be provided as specified in EGMC Section 23.14.040, Public notices.
E. Findings. A design review permit or any modification thereto shall be granted only when the designated approving authority makes all of the following findings:
1. The proposed project is consistent with the objectives of the General Plan, complies with applicable zoning regulations, specific plan provisions, special planning area provisions, Citywide design guidelines, and improvement standards adopted by the City;
2. The proposed architecture, site design, and landscape are suitable for the purposes of the building and the site and will enhance the character of the neighborhood and community;
3. The architecture, including the character, scale and quality of the design, relationship with the site and other buildings, building materials, colors, screening of exterior appurtenances, exterior lighting and signing and similar elements establishes a clear design concept and is compatible with the character of buildings on adjoining and nearby properties;
4. The proposed project will not create conflicts with vehicular, bicycle, or pedestrian transportation modes of circulation; and
5. For residential subdivision design review applications, the residential subdivision is well integrated with the City’s street network, creates unique neighborhood environments, reflects traditional architectural styles, and establishes a pedestrian friendly environment.
F. Conditions. Only in the case of a major design review may the designated approving authority modify plans in whole or in part and condition the design review permit to ensure specific design features, construction materials, and conformance with all applicable provisions of this title. If a minor design review permit cannot be approved without the application of conditions of approval, then the Planning Director shall elevate the project to a major design review consistent with subsection (C) of this section (Approving Authority). [Ord. 8-2011 §8(K), eff. 6-24-2011]
23.16.090 Specific plans.
A. Purpose. The purpose of a specific plan is to provide a vehicle for implementing the City’s General Plan on an area-specific basis. The specific plan is intended to serve as a regulatory document, consistent with the General Plan. In the event there is an inconsistency or conflict between an adopted specific plan and comparable provisions of this title, the specific plan shall prevail. This section is consistent with Sections 65450 through 65457 of the California Government Code.
B. Applicability. The City’s General Plan encourages preparation of specific plans and identifies certain areas of the City which require specific plans for development. Specific plan zoning may be considered for other areas of the City.
C. Approving Authority. The designated approving authority for specific plans is the City Council. The Planning Director and Planning Commission provide recommendations and the City Council approves, conditionally approves, or denies the specific plan in accordance with the requirements of this title.
D. Contents. In addition to the state minimum content requirements of Section 65451 of the California Government Code, the following items outline the City’s content requirements for an application:
1. Statement of the relationship of the specific plan to the General Plan.
2. Policies for development and standards for regulating development within the plan area.
3. The proposed land uses for all areas covered by the plan.
4. The types and configurations of buildings to be included in all developments within the plan area.
5. The location of and types of streets.
6. Public facilities and infrastructure required to serve developments within the specific plan area.
7. A parking and circulation plan for off-street parking areas showing the location of parking lots, the approximate number of spaces, and the approximate location of entrances and exits.
8. Proposed conservation, open space and/or recreation areas, if any.
9. Any other programs, guidelines or standards appropriate for the area covered by the plan.
E. Environmental Review. It is anticipated, under the California Environmental Quality Act and Guidelines, that most specific plans will require preparation of an environmental impact report. Once certified, the EIR for a specific plan may be relied upon for further entitlements sought subsequent to adoption of the specific plan. Unless otherwise exempt, an initial study shall be prepared for all subsequent applications to determine whether a supplement to the EIR must be prepared. In the event that a supplement to the EIR is determined not to be necessary, a negative declaration or mitigated negative declaration shall be prepared.
F. Findings. Specific plans and any amendment thereto shall be approved/adopted only when the City Council makes the following findings:
1. The proposed specific plan is consistent with the General Plan goals, policies, and implementation programs.
2. The land use and development regulations within the specific plan are comparable in breadth and depth to similar zoning regulations contained in this title.
3. The administration and permit processes within the specific plan are consistent with the administration and permit processes of EGMC Title 23.
G. Repealed by Ord. 8-2011.
H. Delineation of Specific Plan Areas. On the zoning map, a specific plan zoning district shall be delineated in a manner similar to that of any other zoning district except that each SP-zoned area shall also bear a number which distinguishes it from other specific plan areas. See EGMC Section 23.40.010, Specific plan district. [Ord. 8-2011 §§8(L), (M), eff. 6-24-2011; Ord. 26-2006 §3, eff. 8-11-2006]
23.16.100 Special planning area.
A. Purpose. The special planning area (SPA) process is established as a process whereby the City Council or the Planning Commission may initiate proceedings to regulate property in areas throughout the City that have unique environmental, historic, architectural, or other features which require special conditions not provided through the application of standard zone regulations. The purpose of this section is to establish a procedure to initiate or amend special planning areas and does not amend any existing special planning areas automatically. It is recognized that in certain circumstances it may be desirable to provide for a greater range or mixture of uses in an area than would be permitted in the standard land use zones of this title. It is the purpose of this section to provide the method for the City to guide the development of such areas so as to preserve such unique characteristics or provide for a broader mixture of land uses when appropriate.
B. Designation. The abbreviation SPA appearing on the zoning map incorporated in EGMC Section 23.40.020, Special planning area district, indicates that the property so classified is subject to the provisions of this section and an ordinance adopted pursuant to this section.
C. Initiation of Special Planning Area Zoning. Proposals to prepare a special planning area may be initiated by the City of Elk Grove or by any person in the same manner as a zoning amendment as provided in this title.
D. Mandatory Contents of SPA Ordinance. An SPA zone shall be established by ordinance, and each SPA ordinance shall set forth in text, maps, and diagrams the following items, at the level of detail appropriate for the SPA submittal:
1. A list of permitted, conditionally permitted, and prohibited uses.
2. Performance and development requirements relating to yards, lot area, intensity of development on each lot, parking, landscaping, and signs.
3. Other design standards appropriate for the specific site and development.
4. Legal description of property covered by the ordinance.
5. Reasons for establishment of an SPA land use zone on the particular property.
E. Optional Contents of SPA Ordinance. Additional contents may be required as determined by the Planning Director including, but not limited to, the following:
1. Regulations relating to nonconforming lots, uses, structures, and signs.
2. Time, phasing, and sequence of development projects.
3. Infrastructure plan.
4. Circulation plan.
F. Findings. Prior to adopting an SPA ordinance, the City Council shall make the following findings:
1. That the proposed special planning area is consistent with the goals, policies, and objectives of the General Plan; and
2. That the proposed special planning area meets the requirements set forth in this section; and
3. The area included within the SPA zone has one (1) or more unusual environmental, historical, architectural, land use mixtures, or other specified significant features which justify the adoption of the SPA zone; and
4. The features cannot be adequately protected by the adoption of any existing standard zone regulation.
G. Application for Amendment to the SPA Land Use Zone. The procedures for amending an SPA land use zone shall be the same as for any amendment to this title, as set forth in EGMC Section 23.16.110, including the necessary findings in subsection (F) of this section.
H. Application of SPA Development Requirements. Where specific conditions of the SPA are more restrictive than the development standards in EGMC Title 23, the conditions of the SPA shall apply. Where a standard is not addressed in the SPA, this title shall apply. [Ord. 8-2011 §8(N), eff. 6-24-2011]
23.16.110 Zoning amendments (text and map).
A. Purpose. The purpose of a zoning amendment is to allow modification to any provisions of this title (including the adoption of new regulations or deletion of existing regulations) or to change the zoning designation on any parcel(s). This section is consistent with Section 65853 of the California Government Code.
B. Approving Authority. The designated approving authority for zoning amendments is the City Council. The Planning Director and Planning Commission provide recommendations and the City Council approves, conditionally approves, or denies the zoning amendment in accordance with the requirements of this title.
C. Initiation of Amendment. A zoning amendment to this title may be initiated by motion of the Planning Commission or City Council, by application by property owner(s) of parcel(s) to be affected by zoning amendment, or by recommendation of the Planning Director to clarify text, address changes mandated by state law, maintain General Plan consistency, address boundary adjustments affecting land use designation(s), or for any other reason beneficial to the City.
D. Findings for Zoning Amendment (Text or Map). Zoning amendments shall be granted only when the City Council makes the following findings:
1. The proposed zoning amendment (text or map) is consistent with the General Plan goals, policies, and implementation programs.
E. Conditions/Restrictions. When considering rezone applications, the City Council has the authority to impose restrictions on property including the restriction of use.
F. Repealed by Ord. 8-2011. [Ord. 8-2011 §8(O), eff. 6-24-2011; Ord. 26-2006 §3, eff. 8-11-2006]
23.16.120 General Plan amendments (text and map).
A. Purpose. The purpose of a General Plan amendment is to allow for modifications to the General Plan text (e.g., goals, policies, or implementation programs) or to change the General Plan land use designation on any parcel(s). This section is consistent with Section 65358 of the California Government Code and applies to the original land use designation of property authorized by LAFCO for annexation in the City boundaries.
B. Approving Authority. The designated approving authority for General Plan amendments is the City Council. The Planning Director and Planning Commission provide recommendations and the City Council approves, conditionally approves, or denies the General Plan amendment in accordance with the requirements of this title.
C. Frequency of Amendment. Pursuant to Section 65358 of the Government Code, no mandatory element of the General Plan may be amended more frequently than four (4) times during any calendar year. Subject to that limitation, an amendment may be made at any time and may include more than one change to the General Plan.
D. Initiation of Amendment. A General Plan amendment to this title may be initiated by motion of the Planning Commission or City Council, by application by property owner(s) of parcel(s) to be affected by General Plan amendment, or by recommendation of the Planning Director to clarify text, address changes mandated by state law, maintain internal General Plan consistency, address boundary adjustments affecting land use designation(s), or for any other reason beneficial to the City.
E. Findings for General Plan Amendment (Text or Map). In the event that a General Plan amendment is requested by a private property owner, the applicant shall demonstrate to the City Council that there is a substantial benefit to be derived from the amendment.
F. Repealed by Ord. 8-2011. [Ord. 8-2011 §8(P), eff. 6-24-2011; Ord. 26-2006 §3, eff. 8-11-2006]
23.16.130 Prezoning.
A. Purpose. The purpose of prezoning is to establish the designation of land use by zoning district for unincorporated property adjoining the City, within the sphere of influence. This section is consistent with Section 65859 of the California Government Code.
B. Procedure. The procedure, review, and action are the same as that established for a zoning amendment pursuant to EGMC Section 23.16.110, Zoning amendments (text and map). [Ord. 8-2011 §8(Q), eff. 6-24-2011; Ord. 26-2006 §3, eff. 8-11-2006]
23.16.140 Development agreements.
A. Purpose. This section is adopted in compliance with the provisions of Sections 65864 through 65869.5 of the California Government Code. The City Council finds and declares the use of development agreements is beneficial to the public, in that:
1. Development agreements increase the certainty in the approval of development projects, thereby preventing the waste of resources, reducing the cost of development to the consumer, and encouraging investment in and commitment to comprehensive planning, all leading to the maximum efficient utilization of resources at the least economic cost to the public.
2. Development agreements provide assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, thereby strengthening the public planning process, encouraging private participation in comprehensive planning, and reducing the economic costs of development.
3. Development agreements enable the City to plan for and finance public facilities, including, but not limited to, streets, sewerage, transportation, drinking water, school, and utility facilities, thereby removing a serious impediment to the development of new housing.
B. Approving Authority. The designated approving authority for development agreements is the City Council. The Planning Commission shall hold a public hearing on the proposed development agreement and make a recommendation to the City Council.
C. Findings. A development agreement may only be granted when the City Council makes all of the following findings:
1. The development agreement is consistent with the General Plan objectives, policies, land uses, and implementation programs and any other applicable specific plans.
2. The development agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the City as a whole.
3. The development agreement will promote the orderly development of property or the preservation of property values.
D. Approval of Development Agreement. A development agreement is a legislative act and shall be approved by the City Council by ordinance. The Mayor shall execute any development agreement approved by the City Council.
E. Recordation and Filing of Agreement. Within ten (10) days after the effective date of a development agreement or any amendment thereof, the City Clerk shall have the agreement or amendment recorded with the County Recorder. Additionally, the City Clerk shall be the official custodian of the agreement file. Said file shall include an executed copy of the agreement and the originals of all exhibits, reports of periodic review, amendments, and/or cancellations to the agreement.
F. Amendment or Cancellation.
1. Either party may propose an amendment to or cancellation in whole or in part of any development agreement. Any amendment or cancellation shall be by mutual consent of the parties. The procedure for proposing and adopting an amendment to, or the canceling in whole or in part of, the development agreement shall be the same procedure for entering into an agreement as set forth in this section.
2. Any amendment to the development agreement which does not relate to the duration of the agreement, permitted uses of the property, density or intensity of use, height or size of proposed buildings, provisions for reservation or dedication of land, or to any conditions, terms, restrictions and requirements relating to subsequent discretionary actions related to design, improvement, construction standards or any other condition or covenant relating to the property, shall not require a noticed public hearing before the parties may execute an amendment to the agreement.
G. Periodic Review. The Planning Director shall review the development agreement every twelve (12) months from the date the agreement is entered into and provide a written report to the City Council. The burden of proof is on the applicant to provide necessary information verifying compliance with the terms of the agreement. The applicant shall also bear the cost of such review in accordance with the fee established by City Council resolution. If the Planning Director finds that any aspect of the development project is not in strict compliance with the terms of the agreement or may warrant consideration by the approving authority(s), the Planning Director may schedule the matter before the appropriate approving authority(s) for review. [Ord. 26-2006 §3, eff. 8-11-2006]