Chapter 18.15
ADMINISTRATIVE PROVISIONS

Sections:

18.15.010    Purpose.

18.15.020    Application.

18.15.030    Building permits.

18.15.040    Certificates of occupancy.

18.15.050    Conditional use permits.

18.15.060    Zoning code amendments.

18.15.070    Enforcement.

18.15.080    Hearings and appeals.

18.15.090    Home occupation permits.

18.15.100    Minor adjustments.

18.15.110    Minor modifications.

18.15.120    Nonconforming structures and uses.

18.15.130    Temporary use permits.

18.15.135    Temporary events.

18.15.140    Variances.

18.15.150    Zone change.

18.15.160    Reasonable accommodation.

18.15.170    Zoning clearance.

18.15.180    Determination of similar use.

18.15.190    Specific plan.

18.15.010 Purpose.

The purpose of this chapter is to provide provisions for the review of all development applications and procedures for public hearings and public noticing. [Ord. 342 § 3 (Exh. A), 2016; Ord. 328 § 4 (Exh. B), 2014; Ord. 95-7 § 2; Code 1990 § 12.10.01.]

18.15.020 Application.

A. Application Filing. Application for permits, permit modifications, amendments, and other matters pertaining to this zoning code shall be filed with the planning department on a city application form, together with all fees, plans, maps, and other information required by the planning department. The application shall be made by the owner(s) or lessee(s) of property, or their agents, or person(s) who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this zoning code, or the agent(s) of such persons. An application shall be acted upon within one year of the filing date; otherwise the application shall be null and void. Refunds will not be issued for expired applications.

B. Fees. The city council shall, by resolution, establish a schedule of fees for permits, amendments, and other matters pertaining to this zoning code. The schedule of fees may be changed or modified only by resolution of the council. Until all applicable fees have been paid in full, review shall not commence on any application. The city is not required to continue processing any application unless its fees are paid in full. Failure to pay the applicable fees is grounds for denial of the application.

C. Agreement. Upon approval of a permit, entitlement or other development approval pursuant to this chapter, the applicant shall agree, in writing, to abide by and comply with all provisions and conditions of the permit or other approval and this code, in a form satisfactory to the city. [Ord. 342 § 3 (Exh. A), 2016; Ord. 328 § 4 (Exh. B), 2014; Ord. 95-7 § 2; Code 1990 § 12.10.02.]

18.15.030 Building permits.

A. Required. It is unlawful for any property owner, or his/her authorized agent, to commence any work pertaining to the erection, construction, reconstruction, moving, conversion, or alteration of any building, or any addition to any building, until a building permit has first been secured from the building and safety division for such work.

B. Application. Each application for a building permit shall be made on a printed form to be obtained at the building and safety division, and shall be accompanied by accurate information and dimensions as to the size and location of the lot, the size and location of the buildings on the lot, the dimensions of all yards and open spaces, and such other information as may be necessary for the enforcement of these regulations. Where complete and accurate information is not readily available from existing records, the building and safety division may require the applicant to furnish a survey of the lot, prepared by a licensed surveyor. The original of such application shall be kept in the building and safety division.

C. Issuance Restrictions – General. No building permit shall be issued for the erection or use of any structure or part thereof, or for the use of any land, which is not in accordance with the provisions of this title, and in conformity with the approved site plan or conditional use permit, where required by this title. Any permit issued contrary to the provisions of this title, or not in conformity with the approved site plan or conditional use permit, shall be void and of no effect.

D. Issuance Restrictions – Prohibited Structures. No building permit shall be issued where the structure or structures to be erected will have the effect of depriving other persons of the use of their property or will have the effect of invalidating the general plan.

E. Dedication of Streets. The applicant for a building permit in any zone shall dedicate any half-width streets that have not been dedicated, or the applicant shall dedicate additional right-of-way as may be shown on the general plan or any ordinance which sets forth rights-of-way in excess of those now in existence.

F. Improvements Required.

1. The applicant for a building permit shall be required to improve street frontages and provide public facilities in accordance with the existing standards and regulations developed by the director of public works; generally, the street improvements include paving, curbs, gutters, sidewalks, and drainage facilities.

2. The applicant for a building permit shall provide for the street improvements to be installed abutting the lots desired to be built upon. Such street improvements shall include the half-width street improvements and the concrete curbs and gutters immediately abutting the premises to which the building permit would apply. The street improvements shall also include sidewalks, in accordance with standards developed by the public works department. Public facilities shall be installed by the developer for all construction, and in accordance with the requirements of the public works department. [Ord. 342 § 3 (Exh. A), 2016; Ord. 328 § 4 (Exh. B), 2014; Ord. 95-7 § 2; Code 1990 § 12.10.03.]

18.15.040 Certificates of occupancy.

The following provisions are intended to ensure that any initiation or reestablishment of a legally permitted use within a legally established, or a legal nonconforming, structure shall comply with all applicable provisions of the municipal code.

A. New Buildings. A certificate of occupancy shall be issued only after such new building, enlargement, or alteration has been completed in conformity with the provisions of any regulating ordinance, and with any approved site plan and required conditions of approval, and when the proposed use conforms to this title and required conditions.

B. Existing Buildings and Undeveloped Land. A certificate of occupancy shall be issued for the reuse of an existing building, or the use of undeveloped land, only after the improvements for such building or land conform to the property development standards of this title. Where feasible, such standards shall include the provision of required walls, landscaping, parking, trash enclosures, street improvements, and all other improvements determined by the planning department to be necessary or required by any regulating ordinance for the particular use. [Ord. 342 § 3 (Exh. A), 2016; Ord. 328 § 4 (Exh. B), 2014; Ord. 95-7 § 2; Code 1990 § 12.10.04.]

18.15.050 Conditional use permits.

A. Purpose and Intent. A conditional use permit (CUP) provides for a discretionary review of a project or use to ensure that the project or use will not have an adverse effect on the surrounding area. A use that requires a CUP shall be permitted only if a permit is granted by the planning commission in accordance with the provisions of this section.

1. Application. An application for a conditional use permit shall be filed in a manner consistent with the requirements contained in CMC 18.15.020, Application.

B. Public Improvement and Dedication Requirements. Requirements include dedications for streets, drainage, and easements for public utilities, trails, flood control, and such other rights-of-way as may be essential to the orderly development of the site and abutting properties. Improvements include:

1. Grading, drainage, and drainage structures;

2. Curbs and gutters;

3. Sidewalks;

4. Street pavement;

5. Adequate domestic water service;

6. Sanitary sewer facilities and connections;

7. Services from public utilities, where provided;

8. Street trees;

9. Streetlights and street name signs;

10. Any additional improvements and facilities as determined necessary by the commission for the proper development of the site and area.

C. Hearings and Notice. A public hearing shall be held on the application for a conditional use permit in accordance with the provisions of CMC 18.15.080, Hearings and appeals.

D. Commission Actions. A conditional use permit application may be approved as submitted, conditionally approved, or denied. The CUP may be granted subject to such conditions which the planning commission considers necessary to protect the public health, safety, and welfare, and the intent and considerations stated in this section.

E. Continuation of Existing Uses. Uses existing on the effective date of the ordinance codified in this title which are listed as permitted subject to a conditional use permit may continue without securing such permit; however, any extension or expansion of such use shall comply with the provisions of this section.

F. Findings. The commission, in approving a conditional use permit, shall find as follows:

1. The proposed use is conditionally permitted within the subject land use district and complies with all of the applicable provisions of this zoning code.

2. The proposed use would not impair the integrity and character of the land use district in which it is to be located.

3. The subject site is physically suitable for the type and intensity of land use being proposed.

4. The proposed use is compatible with the land uses presently on the subject property.

5. The proposed use would be compatible with existing and future land uses within the general area in which the proposed use is to be located.

6. The proposed use is compatible in scale, mass, coverage, density, and intensity with all adjacent land uses.

7. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety.

8. There will be adequate provisions for public access to serve the subject proposal.

9. The proposed use is consistent with the general plan.

10. There will not be significant adverse effects upon environmental quality and natural resources.

11. The negative impacts of the proposed use are mitigated.

12. The proposed location, size, design, and operating characteristics of the proposed use would not be detrimental to the public interests, health, safety, convenience, or welfare of the city.

G. Use of Property Before Final Decision. No permit shall be issued for any use involved in an application for approval of a conditional use permit until, and unless, the same shall have become final, pursuant to CMC 18.15.080(F), Effective Date of Decision.

H. Expiration and Automatic Extension.

1. Expiration. Except as provided in subsection (H)(2), (H)(3), or (H)(4) of this section, a conditional use permit shall be used within one year from the date of permit approval; otherwise, the permit shall be null and void. The permittee may, at least 30 days prior to expiration of the permit, request an extension of time in which to use the permit. The request for extension of time shall be made to the planning department and accompanied by the fee set forth by resolution of the city council. The commission may grant 12-month extensions, not to exceed two extensions, based upon a determination that a valid reason exists for the permit not being used within the required period of time. The total time allowed for the use of the permit shall not exceed a period of three years, calculated from the date of permit approval. The term “used” shall mean the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion, or the actual occupancy of existing buildings or land under the terms of the authorized use.

2. First Automatic Extension – 2009. The expiration date of all conditional use permit approvals that have either not expired by October 9, 2009, or that are subsequently approved prior to January 1, 2012, shall be automatically extended by 24 months. This automatic extension provision shall not apply to any development plan approval that is granted on or after January 1, 2012.

3. Second Automatic Extension – 2011. The expiration date of all conditional use permit approvals that have either not expired by October 9, 2011, or that are subsequently approved prior to January 1, 2014, shall be automatically extended by 24 months. This automatic extension provision shall not apply to any development plan approval that is granted on or after January 1, 2014.

4. Third Automatic Extension – 2013. Except as provided in this subsection (H)(4), the expiration date of all conditional use permits that were approved on or after January 1, 2000, and that have not expired on or before July 11, 2013, shall be automatically extended by 24 months. This automatic extension provision shall not apply to any conditional use permit approval that is granted on or after July 11, 2013. This automatic extension shall also not apply to any conditional use permit if the use for which the permit was granted had ceased or was suspended for more than one year.

I. Revisions and Modifications. A modification or revision to a conditional use permit may be approved by the commission if it is determined that the revision is minor in nature pursuant to CMC 18.15.110(C) and that the following requirements are met:

1. The proposed modification does not affect the required findings in subsection (F) of this section.

2. The proposed modification does not change the use designated in the original approval.

3. The proposed modification does not alter the shape or size of the buildings or land involved in the conditional use.

4. The proposed modification does not alter or affect any of the conditions placed on the project. Modifications or revisions that are not considered minor, as defined above, shall be made pursuant to the regular conditional use permit procedure set forth in this chapter.

J. Revocation. The commission may hold a hearing to revoke or modify a conditional use permit granted pursuant to the provisions of this chapter. A conditional use permit may be revoked or modified by the commission if any one of the following findings can be made:

1. Circumstances have changed so that one or more of the findings contained in subsection (F) of this section can no longer be made.

2. The conditional use permit was obtained by misrepresentation or fraud.

3. The use for which the conditional use permit was granted had ceased or was suspended for six or more consecutive calendar months.

4. One or more of the conditions of the conditional use permit have not been met within the time periods set forth in this chapter.

5. The use is in violation of any statute, ordinance, law, or regulation.

6. The use permitted by the conditional use permit is detrimental to the public health, safety, or welfare or constitutes a nuisance.

Notice shall be mailed to the record owner or lessee of the subject property not less than 20 days prior to giving public notice. Such notice shall set forth the noncompliance, and shall request appearance by the owner or lessee at the time and place specified for the hearing, to show cause why the permit should not be revoked. Public notice shall be given as provided in CMC 18.15.080, Hearings and appeals. Within 10 days after the public hearing, the commission may revoke or modify the conditional use permit. After revocation, the subject property shall conform to all regulations of the zone district in which it is located.

K. Conditional Use Permit to Run with Land. A conditional use permit granted pursuant to the provisions of this chapter shall continue to be valid upon a change of ownership of the site, business, service, use, or structure which was the subject of the permit application. [Ord. 342 § 3 (Exh. A), 2016; Ord. 328 § 4 (Exh. B), 2014; Ord. 318 § 2, 2011; Ord. 293 § 3, 2009; Ord. 95-7 § 2; Code 1990 § 12.10.05.]

18.15.060 Zoning code amendments.

A. Purpose. The city council may amend the provisions of this zoning code for the public health, safety, convenience, general welfare, and aesthetic harmony of the city.

B. Hearings and Notice. Upon receipt in proper form of a zoning code amendment application, or upon direction of the city council, and following department review, hearings shall be set before the commission and city council. Notice of the hearings shall be given pursuant to the requirements of CMC 18.15.080, Hearings and appeals.

C. Commission Action on Amendments. The commission shall make a written recommendation to the city council on the proposed amendment whether to approve, approve in modified form, or disapprove, based upon the findings contained in subsection (E) of this section.

1. Commission action recommending that the proposed zoning code amendment be approved, approved in modified form, or denied shall be considered by the city council following commission action.

D. City Council Action on Amendments. Upon receipt of the commission’s recommendation, the city council may approve, approve in modified form, or disapprove the proposed amendment based upon the findings contained in subsection (E) of this section. Amendments to the zoning code shall be adopted by ordinance.

E. Findings. An amendment to this zoning code may be adopted only if the following findings are made:

1. The proposed amendment is consistent with the general plan.

2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city. [Ord. 342 § 3 (Exh. A), 2016; Ord. 328 § 4 (Exh. B), 2014; Ord. 95-7 § 2; Code 1990 § 12.10.06.]

18.15.070 Enforcement.

A. Purpose. Enforcement of the provisions of this zoning code shall be diligently pursued in order to provide for their effective administration, to ensure compliance with any conditions of approval, to ensure compliance with the general plan, to promote the city’s planning efforts, and for the protection of the public health, safety, and welfare of the city.

B. Responsibility. The planning department shall be responsible for enforcing the conditions and standards imposed on all permits granted by the city and permitted under this zoning code. Any structure or use which is established, operated, erected, moved, altered, enlarged, or maintained contrary to the provisions of this zoning code is hereby declared to be unlawful and a public nuisance and shall be subject to the remedies and penalties set forth in Chapter 1.20 CMC, and/or revocation procedures contained in the following sections of this title: CMC 18.15.050, Conditional use permits; 18.15.090, Home occupation permits; 18.15.130, Temporary use permits; and 18.15.140, Variances.

C. Permit Issuance. Any permit, certificate, or license issued subsequent to the effective date of and in conflict with this zoning code shall be null and void.

D. Remedies.

1. All remedies concerning this zoning code shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve such person from the responsibility of correcting prohibited conditions or removing prohibited structures, signs, or improvements, and shall not prevent the enforced correction or removal thereof.

2. Any construction in violation of this zoning code, or any condition(s) imposed on a permit or license, shall be subject to the issuance of a stop work order. The city may also pursue all available civil and criminal remedies authorized by Chapter 1.20 CMC or as otherwise authorized by law to eliminate or remedy any such violations. [Ord. 342 § 3 (Exh. A), 2016; Ord. 328 § 4 (Exh. B), 2014; Ord. 95-7 § 2; Code 1990 § 12.10.07.]

18.15.080 Hearings and appeals.

A. Purpose. These provisions specify procedures for hearings before the city council and planning commission, and appeals of any determination or action made by the planning director or the planning commission.

B. Application Processing. A public hearing upon an application shall be set before the appropriate body when:

1. The planning director has determined that the application complies with all applicable ordinance requirements; and

2. All procedures required by the city of Calimesa local guidelines for implementing the California Environmental Quality Act to hear a matter have been completed.

C. Notice of Hearing. Hearing notices shall be processed in a manner consistent with the provisions of California Government Code Sections 65090 and 65091.

Unless otherwise required by law, notice of time, date, and place of the hearing, the identity of the hearing body, a general explanation of the matter to be considered, and a general description, in text or by diagram, of the location of real property which is the subject of the hearing, shall be given at least 10 days prior to the hearing by all of the following procedures:

1. By publication once in a newspaper of general circulation within the city.

2. By mailing or delivering to the owner of the subject real property or the owner’s duly authorized agent, and to the project applicant.

3. By mailing or delivering to each local agency expected to provide water, sewerage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

4. By mailing or delivering to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection or subsection (C)(2) of this section is greater than 1,000, a local agency, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the city.

5. By mailing to any person who has filed a written request with the planning department and has provided that department with a self-addressed stamped envelope for that purpose.

6. By posting in at least three public places within the boundaries of the city, including one public place in the area directly affected by the proceeding.

7. The planning director may require that additional notice of the hearing be given in any other manner he/she deems necessary or desirable.

D. Hearing Procedure. Hearings as provided for in this section shall be held at the date, time, and place for which notice has been given pursuant to this section. The meeting minutes shall be prepared and filed in the planning department. Any hearing may be continued; provided, that prior to the adjournment or recess of the hearing, a clear announcement is made specifying the date, time, and place to which said hearing will be continued.

E. Notice of Decision.

1. Planning Director. The planning director shall announce and record his/her respective decision in writing. The decision shall set forth applicable findings and any conditions of approval. A notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown on the application. The planning director’s decision shall not be final until issuance of the written decision.

2. Planning Commission. The planning commission shall announce and record its decision at the conclusion of the public hearing. The decision shall set forth the findings of the commission together with all required conditions of approval deemed necessary to mitigate any impacts and protect the health, safety, and welfare of the community. The commission’s decision shall be memorialized by resolution. The commission’s decision shall not be final until issuance of the resolution.

Following the hearing, a written notice of the decision of the commission and any conditions of approval shall be mailed to the applicant at the address shown on the application.

The recommendation with findings of the commission for the following applications shall be transmitted to the city council for final action:

a. Specific plans;

b. General plan amendments, text or map;

c. Zoning code amendments;

d. Development agreements;

e. Zone changes.

3. City Council. The city council shall announce and record its decision at the conclusion of the public hearing. The decision shall set forth the findings of the city council and conditions of approval deemed necessary to mitigate any impacts and protect the health, safety, and welfare of the community. The city council’s decision shall be memorialized by resolution. The city council’s decision shall not be final until issuance of the resolution.

Following the hearing, a written notice of the decision of the city council and any resolution, including the conditions of approval, shall be mailed by the city clerk to the applicant at the address shown on the application.

The decision of the city council shall be final, and there shall be no further appeal within the administrative procedures of the city.

F. Effective Date of Decision. Minor adjustments, variances, conditional use permits, and all other development permits shall become effective 16 days following the final date of action (i.e., date of approval of the permit by resolution or written decision) by the appropriate review authority, except as otherwise provided by subsection (J) of this section. For decisions issued by the planning director, the director’s letter of approval of the permit shall constitute the permit. The resolution approving the minor adjustment, variance, conditional use permit or other development permit shall constitute the permit. Zoning code amendments, specific plan adoption and amendments, and zone changes shall become effective 30 days following the final date of action (i.e., adoption) by the city council. The resolution or ordinance approving the specific plan, zone change, zoning provision, or amendment thereto, shall constitute the zoning code amendment, zone change, specific plan or specific plan amendment.

G. Appeal of Action or Determination. Any determination or action taken by the planning director may only be appealed to the planning commission. Any determination or action taken by the planning commission to approve or disapprove an application may be appealed to the city council.

1. Appeals to Planning Commission. The following decisions of the planning director may be appealed to the planning commission:

a. Any decision by the planning director on an application for a home occupation permit, minor adjustment, minor modification, or reasonable accommodation;

b. Any decision by the planning director on an application for a sign permit;

c. Any other action by the planning director for which an appeal is authorized by this title.

2. Appeals to City Council. Only the following actions may be appealed to the city council: All decisions of the planning commission.

3. Standing to Appeal. The applicant, or any interested person who is aggrieved by or dissatisfied with an appealable decision of the planning director or planning commission, for which an appeal is authorized by this subsection (G) may appeal from such determination or action by filing a written notice of appeal. The city manager or any member of the city council may file a written appeal of a decision of the planning commission on the basis that such action is of sufficient importance to the city that it should be reviewed by the entire city council. In filing such appeal, the member of the city council is not taking a position in favor of or against the action or any portion thereof and is not deciding or committing to a vote in favor of or against the action or any portion thereof. All appeals shall be filed in accordance with this section.

H. Filing of Appeals. All appeals shall be submitted to the planning department in writing on forms supplied by the planning director, and shall specifically state the basis of the appeal. A written appeal of an action of the planning director or planning commission shall be filed with the planning department within 15 days following the final date of determination or action for which an appeal is made. Except where an appeal is filed by the city manager of any member of the city council, the written appeal shall be accompanied by a filing fee as set forth by resolution of the city council.

I. Notice of Appeal Hearings. Notice of an appeal hearing shall conform to the manner in which the original notice was given. The appellant shall be responsible for all noticing materials required in the original application.

J. Effective Date of Appealed Actions. An action of the planning director appealed to the planning commission shall not become final unless and until upheld by the commission. An action of the planning commission appealed to the city council shall not become final unless and until upheld by the city council.

K. Reapplication. When an application for a permit or amendment is denied, no application for the same or substantially same permit or amendment shall be filed in whole, or in part, for the ensuing 12 months, except as otherwise specified at the time of denial. The planning director shall determine whether the new application is for a permit or amendment which is the same or substantially the same as a previously denied permit or amendment. No decision of the planning director shall be effective until a period of 15 days has elapsed following the written notice of decision.

L. Reconsideration. If more complete or additional facts or information which may affect the original action taken on an application by a review authority are presented, the review authority may reconsider such action taken, if a request for reconsideration is filed with the planning department within 15 days following the final date of action. If a public hearing was required in the original review process, another public notice as specified in subsection (C) of this section shall be made prior to the reconsideration of the review authority, and all costs associated with the reconsideration shall be paid by the applicant. [Ord. 342 § 3 (Exh. A), 2016; Ord. 328 § 4 (Exh. B), 2014; Ord. 95-7 § 2; Code 1990 § 12.10.08.]

18.15.090 Home occupation permits.

A. Purpose. The purpose of a home occupation permit is to allow only those home occupations that are clearly subordinate and secondary to the primary use of the dwelling as a residence and to ensure compatibility of the home occupations with the principal residential uses in order to protect the integrity and character of neighborhoods.

B. Definition. A home occupation is an accessory, nonresidential business activity that is conducted.

C. Applicability. A home occupation permit shall be required for all home-based businesses except as provided in this subsection (C). An employee or contract employee of a licensed business enterprise (not located within a home) may work from home without first obtaining a home occupation permit.

1. Application and Fee. A signed application and payment of a fee, as set by resolution of the city council, shall be submitted to the planning department.

2. Property Owner Authorization. If the home occupation is to be conducted on rental property, the property owner’s written authorization for the proposed use shall be obtained prior to the submittal for a home occupation permit.

3. Nontransferability. A home occupation permit is not transferable. Upon any change in ownership or occupancy of the property, or relocation of the home occupation to another location, the home occupation permit shall be void and of no effect, and a new permit and review shall be required for the new location or new owner or tenant.

D. Approval. The planning director shall have the authority to approve or deny a request for a home occupation based on the criteria contained in subsection (D)(2) of this section.

1. Business Registration. Immediately following the effective date of an approved home occupation permit, the applicant shall obtain a city business license. No home occupation shall be initiated until a current business license is obtained.

2. Criteria for Approval. A home occupation permit shall be granted only when the planning director determines that the proposed home occupation complies with the following findings:

a. The proposed home occupation is consistent with the general plan, any applicable specific plan or master plan, and all applicable provisions of the zoning code.

b. The proposed home occupation is consistent with the standards and prohibited use regulations in subsections (E) and (F) of this section.

c. The establishment, maintenance, or operation of the home occupation applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of such use or to the general welfare of the city.

3. Compliance Requirements. The planning director may impose requirements and/or require guarantees in order to ensure compliance with this title and to prevent adverse or detrimental impact to the surrounding neighborhood.

E. Development Standards. Home occupation shall be subject to the following limitations:

1. Number of Home Occupations. There shall be no more than three home occupations in any dwelling unit.

2. Employees. Only the occupants of the dwelling may be engaged in the home occupation, except for a cottage food operation which is entitled to one nonresident employee.

3. Habitable Floor Area. The home occupation shall be an incidental and accessory use and shall not change the principal character of the dwelling unit. There shall be no remodeling or construction that will change the external appearance from a residential to a commercial look when viewed from the front of the building.

4. On-Site Sales. There shall be no direct sales of products or merchandise from the home, except for products of a cottage food operation.

5. Traffic/Vehicles. The home occupation shall not generate pedestrian or vehicular traffic beyond that normal to the residential district. No vehicles or trailers, except those normally incidental to the residential use, shall be kept on the site.

6. Signs. The home occupation shall not involve the use of advertising signs or window displays on the premises, or any other local advertising media which calls attention to the fact that the home is being used for business purposes, telephone number listing excepted.

7. Storage. There shall be no storage of material or supplies within view of the public right-of-way, and storage shall not utilize a required parking space (e.g., within a required garage). No outdoor storage shall be permitted.

8. Deliveries. The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises, except for FedEx, UPS, or USPS-type home pickups and deliveries. Deliveries shall not exceed those normally and reasonably occurring for a residence.

9. Off-Site Effects. No use shall create or cause noise, dust, light, vibration, odor, gas, fumes, toxic/hazardous materials, smoke, glare, or electrical interference or other hazards or nuisances.

10. Special Condition. Any special condition established by the planning director or other review authority and made part of the record of the home occupation permit, as deemed necessary to carry out the intent of this section.

F. Prohibited Home Occupation Uses. The following examples are uses that are not considered incidental to or compatible with residential activities, and are prohibited:

1. Barber, beauty shop or hair stylist;

2. Businesses which entail the harboring, training, breeding, raising, or grooming of dogs, cats, or other animals on the premises;

3. Carpentry and cabinet making;

4. Food handling, food processing, food warehousing, or food packaging businesses or other uses, except in conjunction with a cottage food operation with a valid home occupation permit and health department permit or license as required by county and state law;

5. Medical and dental offices, clinics, and laboratories;

6. Mini storage;

7. Repair, fix-it, or plumbing shops;

8. Storage of equipment, materials, and other accessories to the construction and service trades;

9. Vehicle repair (body or mechanical), upholstery, and painting;

10. Welding and machining;

11. Commercial cannabis activity;

12. Reserved;

13. Reserved;

14. Any use not allowed in the zone district in which the residence is located; and

15. Any other use determined by the planning director to be not incidental or compatible with residential activities.

G. Expiration. A home occupation permit shall automatically expire and become void if the use for which the home occupation permit was obtained has ceased or has been suspended for six or more consecutive calendar months. An expired home occupation permit shall be subject to revocation as provided in subsection (H) of this section.

H. Modification or Revocation. A home occupation permit may be revoked or modified by the planning director following a hearing. Fifteen days prior to the hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which the minor adjustment was granted.

The planning director may modify or revoke the home occupation permit if the planning director makes any of the following findings:

1. The use has become detrimental to the public health, safety, or welfare, or constitutes a nuisance.

2. The permit was obtained by misrepresentation or fraud.

3. The use for which the permit was granted has ceased or was suspended for six or more calendar months and the permit therefore automatically expired and became void.

4. The condition of the premises, or the area of which it is a part, has changed so that the use is no longer justified under the meaning and intent of this section.

5. One or more of the conditions of the home occupation permit have not been met.

6. The use is in violation of any statute, ordinance, law, or regulation in effect at the time of permit issuance. [Ord. 342 § 3 (Exh. A), 2016; Ord. 341 § 9, 2016; Ord. 341-U § 10, 2016; Ord. 328 § 4 (Exh. B), 2014; Ord. 268 § 2, 2007; Ord. 95-7 § 2; Code 1990 § 12.10.09.]

18.15.100 Minor adjustments.

A. Purpose and Intent. Adjustments from the standards contained in this zoning code shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of this zoning code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification, or when installation and use of renewable energy devices conflict with strict application of this zoning code. Any adjustment granted shall be subject to conditions to ensure that the adjustment does not constitute a grant of special privileges inconsistent with the limitations on other properties in the vicinity and in the same land use category as the subject property. The power to grant an adjustment does not extend to use regulations.

B. Application. An application for a minor adjustment shall be filed in a manner consistent with the requirements contained in CMC 18.15.020, Application.

C. Applicability. The planning director may grant a minor adjustment up to a maximum of 10 percent governing only the following measurable design/site considerations:

1. Lot dimensions;

2. On-site parking (except temporary recreational vehicle guest parking standards), loading, and landscaping;

3. Setbacks;

4. Structure heights.

Any minor adjustment request which exceeds the prescribed limitations outlined in this section shall require the filing of a variance application, pursuant to CMC 18.15.140, Variances. Minor adjustments may be approved by the planning director only if no other entitlements are required. If other approvals are necessary, the minor adjustment shall be filed and processed concurrently.

D. Findings. The following findings must be made to approve a minor adjustment:

1. There are special circumstances applicable to the property, including size, shape, topography, location, surroundings, or installation and use of renewable energy devices, such that the strict application of this zoning code deprives such property of privileges enjoyed by other property in the vicinity and under identical land use district classification.

2. Granting of the adjustment does not constitute a special privilege inconsistent with the limitations on other properties in the vicinity and land use district in which such property is located.

3. Granting of the adjustment will not be materially detrimental to the public health, safety, or welfare or injurious to the property or improvements in such vicinity and land use district in which the property is located.

4. The adjustment does not exceed 10 percent of the standard(s) being modified, or allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel.

5. Granting the adjustment will not be inconsistent with the general plan.

E. No Precedent. The granting of a prior minor adjustment shall have no precedential value in the city’s consideration of a new minor adjustment application on the same property or any other property in the city, and shall not be admissible evidence when considering an application for a new minor adjustment on the same or different property.

F. Burden of Proof. The burden of proof to establish the evidence in support of the findings, as required by this section, is the responsibility of the applicant.

G. Expiration and Automatic Extension.

1. Expiration. Except as provided in subsection (G)(2), (G)(3) or (G)(4) of this section, a minor adjustment shall be used within one year from the date of approval, or the minor adjustment shall become null and void. The term “used” shall mean the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion, or the actual occupancy of existing buildings or land under the terms of the authorized use.

2. First Automatic Extension – 2009. The expiration date of all minor adjustment approvals that have either not expired by October 9, 2009, or that are subsequently approved prior to January 1, 2012, shall be automatically extended by 24 months. This automatic extension provision shall not apply to any minor adjustment approval that is granted on or after January 1, 2012.

3. Second Automatic Extension – 2011. The expiration date of all minor adjustment review approvals that have either not expired by October 9, 2011, or that are subsequently approved prior to January 1, 2014, shall be automatically extended by 24 months. This automatic extension provision shall not apply to any minor adjustment approval that is granted on or after January 1, 2014.

4. Third Automatic Extension – 2013. Except as provided in this subsection (G)(4), the expiration date of all minor adjustments that were approved on or after January 1, 2000, and that have not expired on or before July 1, 2013, shall be automatically extended by 24 months. This automatic extension provision shall not apply to any minor adjustment approval that is granted on or after July 11, 2013. This automatic extension shall also not apply to any minor adjustment approval if the use for which the minor adjustment was granted had ceased or was suspended for more than one year.

H. Time Extension. Subject to subsection (G) of this section, the planning director, upon an application being filed 30 days prior to expiration and for good cause, may grant a one-time extension not to exceed 12 months. Upon granting of an extension, the planning director shall ensure that the minor adjustment complies with all current zoning code provisions.

I. Use of Property Before Final Decision. No permit shall be issued for any use involved in an application for approval of a minor adjustment until, and unless, the same shall have become final pursuant to CMC 18.15.080(F), Effective Date of Decision.

J. Modification or Revocation. The planning director may hold a hearing to revoke or modify a minor adjustment granted pursuant to the provisions of this section. Fifteen days prior to the hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which the minor adjustment was granted.

The planning director may revoke or modify a minor adjustment if any one of the following findings can be made:

1. Circumstances have changed so that one or more of the findings contained in subsection (D) of this section can no longer be made, and the grantee has not substantially exercised the rights granted by the minor adjustment.

2. The minor adjustment was obtained by misrepresentation or fraud.

3. The improvement authorized pursuant to the minor adjustment had ceased or was suspended for six or more consecutive calendar months, and the minor adjustment approval therefore automatically expired and became void.

4. One or more of the conditions of the minor adjustment have not been met, and the grantee has not substantially exercised the rights granted by the minor adjustment.

5. The improvement authorized pursuant to the minor adjustment is in violation of any statute, ordinance, law, or regulation.

6. The improvement permitted by the minor adjustment is detrimental to the public health, safety, or welfare or constitutes a nuisance.

K. Appeals. Appeals shall be made in accordance with CMC 18.15.080, Hearings and appeals. [Ord. 342 § 3 (Exh. A), 2016; Ord. 328 § 4 (Exh. B), 2014; Ord. 318 § 3, 2011; Ord. 293 § 4, 2009; Ord. 95-7 § 2; Code 1990 § 12.10.10.]

18.15.110 Minor modifications.

A. Purpose. The minor modification procedure is intended to provide a method whereby minor changes may be made to existing, previously approved land use entitlements without any additional impact or expansion of use or structure(s).

B. Application. An application for a minor modification shall be on a form prescribed by the planning director and shall be filed with the planning department, pursuant to CMC 18.15.020, Application.

C. Applicability. The planning director may grant a minor modification to an approved permit up to a maximum of 10 percent governing only the following measurable design/site considerations, which in no case would result in a reduction from any minimum standard outlined in this zoning code:

1. On-site circulation and parking, loading, and landscaping.

2. Placement and/or height of walls, fences, and structures.

3. Reconfiguration of architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme.

4. A reduction in density or intensity of a development project.

5. Any modification request which exceeds the prescribed limitations outlined in this section shall require the filing of an original application for an amendment to the approved permit and a subsequent hearing by the appropriate review authority, as applicable.

D. Findings. The written decision to approve or deny a request for a minor modification shall be based on the following findings, all of which are required for approval:

1. The proposed modification does not affect the required findings applicable to the original application.

2. The proposed modification does not exceed 10 percent of the standard(s) being modified.

3. The proposed modification does not result in a reduction of any minimum standard outlined in the zoning code.

E. Conditions. The planning director may impose additional conditions to further the intent of this section.

F. Expiration. Except as provided in subsection (G) of this section, a minor modification shall be used within one year from the date of approval, or the minor modification shall become null and void and subject to revocation as provided in subsection (G) of this section. The term “used” shall mean the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion, or the actual occupancy of existing buildings or land under the terms of the authorized use.

G. Revocation or Modification. The planning director may hold a hearing to revoke or modify a minor modification granted pursuant to the provisions of this section. Fifteen days prior to the hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which the minor modification was granted. A minor modification may be revoked or modified by the planning director if any one of the following findings can be made:

1. That circumstances have changed so that one or more of the findings contained in subsection (D) of this section can no longer be made, and the grantee has not substantially exercised the rights granted by the minor modification;

2. That the minor modification was obtained by misrepresentation or fraud;

3. That the improvement authorized pursuant to the minor modification had ceased or was suspended for 12 or more consecutive calendar months, and the minor modification approval therefore automatically expired and became void;

4. That one or more of the conditions of the minor modification have not been met, and the grantee has not substantially exercised the rights granted by the minor modification;

5. That the improvement authorized pursuant to the minor modification is in violation of any statute, ordinance, law, or regulation; or

6. That the improvement permitted by the minor modification is detrimental to the public health, safety, or welfare or constitutes a nuisance.

H. Appeals. Appeals shall be made in accordance with CMC 18.15.080, Hearings and appeals. [Ord. 342 § 3 (Exh. A), 2016; Ord. 328 § 4 (Exh. B), 2014; Ord. 95-7 § 2; Code 1990 § 12.10.11.]

18.15.120 Nonconforming structures and uses.

A. Purpose. These provisions provide for the orderly termination of nonconforming structures and uses to promote the public health, safety, and general welfare, and to bring these structures and uses into conformity with the goals and policies of the general plan. This section is intended to prevent the expansion of nonconforming structures and uses to the maximum extent feasible, to establish the criteria under which they may be continued or possibly expanded, and to provide for the correction or removal of these land use nonconformities in an equitable, reasonable, and timely manner.

It is hereby declared that nonconforming structures and uses within the city are detrimental to both orderly and planned development and to the general welfare of citizens and property. It is further declared that nonconforming structures and uses shall be eliminated as rapidly as possible without infringing on the constitutional rights of property owners.

For properties which have a nonconforming structure and/or use located in any zone other than residential, the abatement of nonconforming use timelines in subsection (D) of this section shall not take effect until a property within that specific zone transitions to a use identified for that zone. At that point in time, all property owners within that zone shall be notified by the city that the abatement of nonconforming use timelines has started.

B. Nonconforming Structures. A structure which lawfully existed prior to the effective date of this zoning code is a nonconforming structure, and may continue even though the structure fails to conform to the present requirements of the land use district or zone in which it is located. A nonconforming structure may be maintained as follows:

1. A nonconforming structure which is damaged to an extent of 50 percent or more of its replacement value immediately prior to such damage may be restored only if made to conform to all provisions of this zoning code. However, any residential structure(s), including multifamily, in a residential land use district destroyed by a catastrophe, including fire, may be reconstructed up to the original size, placement, and density. However, reconstruction shall commence within two years after the catastrophe.

2. Necessary repairs and desired alterations (not including expansions to nonconforming residential structures in nonresidential zone districts) may be made to a nonconforming residential structure(s), including multifamily, within residential and nonresidential zone districts. Additions or expansions of any size to nonconforming residential structures in residential zone districts may be allowed if the addition or expansion meets all current development standards of the applicable zone district.

3. Necessary repairs and desired alterations to nonconforming single-family residential structures in nonresidential zone districts may be made in compliance with (a) the applicable standards contained in CMC 18.20.040, Residential development standards; and (b) the requirements of subsections (C)(7) and (C)(8) of this section.

4. Reasonable repairs and alterations (not including expansions) may be made to nonconforming commercial, institutional, or industrial structures; provided, that no structural alterations shall be made which would prolong the life of the supporting members of a structure, such as bearing walls, columns, beams, or girders. Structural elements may be modified or repaired only if the building and safety division determines that such modification or repair is immediately necessary to protect the health and safety of the public or occupants of the nonconforming structure or adjacent property and the cost does not exceed 50 percent of the replacement value of the nonconforming structure. However, improvements required to reinforce nonreinforced masonry structures shall be permitted without replacement cost limitations; provided, that such retrofitting is strictly limited to compliance with earthquake safety standards.

5. Changes to interior partitions or other nonstructural improvements and repairs may be made to a nonconforming commercial, institutional, or industrial structure; provided, that the cost of the desired improvement or repair shall not exceed 50 percent of the replacement value of the nonconforming structure over any consecutive five-year period.

6. The replacement value shall be determined by the planning director. All related costs, including appraisal, shall be the responsibility of the applicant.

7. Any additional development of a parcel with a nonconforming structure will require that all new structures be in conformance with this zoning code.

8. If the use of a nonconforming structure is discontinued for a period of six or more consecutive calendar months, the structure shall lose its nonconforming status, and shall be removed or altered to conform to the provisions of this zoning code. A use of a nonconforming structure shall be considered discontinued when any of the following apply:

a. The intent of the owner to discontinue use of the nonconforming structure is apparent, as determined by the planning director.

b. Where characteristic furnishings and equipment associated with the use have been removed and not replaced with equivalent furnishings and equipment during this time, and where normal occupancy and/or use has been discontinued for a period of six or more consecutive calendar months.

c. Where there are no business receipts available for the six-month period.

C. Nonconforming Uses. A nonconforming use is one which lawfully existed prior to the effective date of this zoning code, but which is no longer permitted in the land use district in which it is located. The continuance of a nonconforming use is subject to the following:

1. Change of ownership, tenancy, or management of a nonconforming use shall not affect its nonconforming status; provided, that the use and intensity of use do not change.

2. If a nonconforming use is discontinued for a period of six or more consecutive calendar months, it shall lose its nonconforming status, and the continued use of the property shall be required to conform with the provisions of this zoning code.

3. Additional development of any property on which a nonconforming use exists shall require that all new uses conform to the provisions of this zoning code.

4. If a nonconforming use is converted to a conforming use, the nonconforming use may not thereafter be resumed.

5. No nonconforming use may be established or replaced by another nonconforming use, nor may any nonconforming use be expanded or changed, except as provided in subsections (C)(6) and (7) of this section.

6. A nonconforming use of a portion of a nonconforming commercial or industrial center or complex may be established or replaced by another similar nonconforming use subject to development plan review approval after a noticed public hearing as specified in CMC 18.15.080, Hearings and appeals, and if all of the following findings are made:

a. The nonconforming use is similar to the uses originally allowed in the center or complex.

b. The nonconforming use will not adversely affect or be materially detrimental to adjoining properties.

c. The use of the entire center or complex has not been vacant or discontinued for a period of six or more calendar months.

7. Except as further allowed in subsection (C)(8) of this section, an existing nonconforming use or nonconforming structure may be minimally expanded or changed, up to a maximum of 10 percent, subject to development plan review approval, after a noticed public hearing as specified in CMC 18.15.080, and if all of the following findings are made:

a. Such expansion or change is minimal.

b. Such expansion or change will not adversely affect or be materially detrimental to adjoining properties.

c. There is a need for relief of overcrowded conditions or for modernization in order to properly operate the use.

d. The use is existing and has not been discontinued for a period of six or more calendar months.

8. Existing nonconforming single-family residential structures and uses may be expanded beyond the 10 percent expansion limitation specified in subsection (C)(7) of this section; provided, that the expansion complies with all applicable standards in CMC 18.20.040, Residential development standards, and the city affirmatively finds the criteria specified in subsections (C)(7)(a) through (d) of this section to be satisfied. In addition, if the nonconforming single-family residential structure is located in the city’s downtown business district, the application shall be subject to (a) the findings for approval specified in subsection (C)(7) of this section; and (b) development plan review approval by the planning commission following a noticed public hearing. The city’s downtown business district is shown on the city’s official zoning map and includes all property along Calimesa Boulevard between Sandalwood Drive and County Line Road. Expansions of nonconforming single-family residential structures and uses located outside the city’s downtown business district shall not be subject to a noticed public hearing and shall be subject to review and approval by the city’s community development director.

D. Abatement of Nonconforming Uses. Nonconforming uses shall be discontinued within the following specified time limits, which such time limit shall commence from the date of written notification by the city to the property owner and any lessee of the nonconforming status of the use:

1. A nonconforming use which does not occupy a structure: five years;

2. The nonconforming use of a conforming structure within any residential land use district: 15 years;

3. The nonconforming use of a conforming structure within any commercial/industrial land use district: 20 years.

The city shall serve written notice by mail of nonconforming status to the property owner in order to trigger the beginning of any amortization period set forth herein. Notwithstanding the time limits within which all other nonconforming uses must be discontinued in accordance with this provision, a residential use in a nonconforming zone district may continue without abatement until such time as the residential use discontinues pursuant to the provisions of subsection (C) of this section.

E. Structure Permits or Certificates of Occupancy Prohibited. When any nonconforming structure or use is no longer allowed pursuant to the provisions of this section, no permit for a structure shall thereafter be issued for further continuance, alteration, or expansion. Any permit issued in error shall not be construed as allowing the continuation of the nonconforming structure or use.

F. Removal of Illegal Nonconforming Structures and Uses. Nothing contained in this section shall be construed or implied so as to allow for the continuation of illegal nonconforming structures and uses. Said structures and uses shall be removed immediately subject to the provisions of CMC 18.15.070, Enforcement, and state law. “Illegal structures and uses” shall mean those structures and uses which did not lawfully exist prior to the effective date of this zoning code and which fail to conform to the present requirements of the land use district or zone district in which they are located.

G. Nonconforming Use – Time Extension. Prior to the expiration of the abatement period provided in subsection (D) of this section, a written request may be made to the city for an extension of said abatement period on such forms as are provided by the community development director. The applicant shall state sufficient facts in said application to show cause why an extension of said abatement period is necessary for the particular nonconforming use so as to enable the planning commission to consider the factors set forth in this section prior to its determination whether to grant the requested extension. Extension requests shall be heard and considered by the planning commission, and the planning commission shall make its determination after considering all pertinent evidence presented.

The community development director shall accept for filing an application for extension of said abatement period only after the applicant has paid to the city a fee, as established by city council resolution, for defraying the costs of processing said application. [Ord. 342 § 3 (Exh. A), 2016; Ord. 328 § 4 (Exh. B), 2014; Ord. 317 § 2, 2011; Ord. 269 § 2, 2007; Ord. 2000-8 § 2; Ord. 95-7 § 2; Code 1990 § 12.10.12.]

18.15.130 Temporary use permits.

A. Purpose. The temporary use permit allows for uses of private property that are temporary in nature. These provisions place restrictions on the duration of the temporary use, its location, and other development standards. The intent of these regulations is to ensure that the temporary use does not adversely impact the long-term uses of the same or neighboring sites, or impact the general health, safety, and welfare of persons residing within the community. Refer to CMC 18.15.135 for temporary events.

B. Applicability. Except as otherwise provided in this zoning code, the following temporary uses shall require the issuance of a temporary use permit prior to establishment of the use:

1. Real estate offices within approved development projects.

2. Off-site contractors’ construction yards in conjunction with an approved development project. As used herein, the phrase “in conjunction with an approved active development project” means only during such period of time as the development project is actively undergoing construction. Upon completion of construction of the development project or expiration of the building permit (whichever occurs first), the off-site construction yard shall be immediately removed.

3. Trailer, coach, or mobile home as a temporary residence of the property owner when a valid residential building permit is in force. The permit may be granted for up to 180 days, or upon expiration of the building permit, whichever occurs first.

4. Christmas tree and pumpkin sale lots.

5. Outdoor display and sales of merchandise within commercial land use districts, limited to two events per calendar year, not exceeding four consecutive days, including only merchandise customarily sold on the premises by a permanently established business.

C. Exempt Temporary Uses. The following temporary uses are exempt from the permit requirements of this section; provided, that they comply with the development standards listed below.

1. Emergency Facilities. Temporary facilities to accommodate emergency public health and safety needs and activities.

2. Construction Yards – On-Site. Yards and sheds for the storage of materials and equipment used as part of a construction project; provided a valid building permit has been issued and the materials and equipment are stored on the same site as the construction activity. Upon completion of construction of the construction project or expiration of the building permit (whichever occurs first), the on-site construction yard shall be immediately removed.

3. Miscellaneous. Activities conducted on public property or within the public right-of-way that are approved by the city or as otherwise required by the municipal code.

4. Christmas tree sale lots when such sales are in conjunction with an established commercial business holding a valid business license; provided such activity shall only be held from November 1st through December 31st.

5. Temporary uses which occur in theaters, meeting halls, or other permanent public assembly facilities which do not overflow outside the enclosed facility. Temporary uses may be subject to additional permits, other city department approvals, licenses, and inspections as required by any applicable laws or regulations.

D. Application. Application for a temporary use permit shall be made in accordance with CMC 18.15.020, Application.

E. Review Authority.

1. Director Review. The planning director shall be the designated approving authority for temporary use permits.

2. Other Review Authority. If an application for a temporary use permit is submitted in conjunction with an application for a discretionary permit described in this chapter, the written determination shall be made by the authority responsible for reviewing the discretionary land use application in compliance with the applicable review procedure for the discretionary review.

F. Findings. A temporary use permit may only be approved if all of the following findings can be made.

1. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety.

2. There will be adequate provisions for public access to serve the subject proposal.

3. The proposed use is consistent with the general plan.

4. There will not be significant adverse effects upon environmental quality and natural resources.

G. Conditions of Approval. In approving an application for a temporary use permit, the planning director may impose conditions deemed necessary to ensure that the permit will be in accordance with the findings required by subsection (F) of this section. These conditions may involve any pertinent factors affecting the operation of such temporary use, and may include but are not limited to:

1. Provision for a fixed period not to exceed 90 days for a temporary use not occupying a structure, including promotional activities, or one year for all other uses or structures, or for a shorter period of time as determined by the planning director.

2. Provision for temporary parking facilities, including vehicular ingress and egress.

3. Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination on adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases, and heat.

4. Regulation of temporary structures and facilities, including placement, height, and size, location of equipment and open spaces, including buffer areas and other yards.

5. Provision for sanitary and medical facilities.

6. Provision for solid, hazardous, and toxic waste collection and disposal.

7. Provision for security and safety measures.

8. Regulation of signs.

9. Regulation of operating hours and days.

10. Submission of a performance bond or other surety devices to ensure that the temporary use location is restored to its original condition and any temporary facilities or structures used will be removed from the site within a reasonable time following the event. The city shall determine the amount of the bond or other security, and the event sponsor shall post it with the permitting authority.

11. Proof of indemnity or liability insurance naming the city as an additional insured when using city property or public streets.

12. Agreement by the applicant to defend and indemnify the city for any physical injuries, property damages or personal injuries resulting from the approval of the temporary use permit and/or operation of the temporary use authorized by the temporary use permit, when using public property or public streets, in a form satisfactory to the city.

13. Provision for the nontransferability of the temporary use and temporary use permit, including a condition providing that if ownership or occupancy of the property changes, or the temporary use relocates, the existing temporary use permit shall be void and of no effect, and a new permit and review shall be required for the new location and/or property owner.

14. Any other conditions which will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accordance with the intent and purpose of this section.

H. Condition of Site Following Temporary Use. Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used pursuant to the provisions of this zoning code.

I. Revocation. The planning director may hold a hearing to revoke or modify a temporary use permit. Fifteen days prior to the hearing a notice shall be delivered in writing to the applicant and/or property owner. A temporary use permit may be revoked or modified by the planning director if any one of the following findings can be made:

1. Circumstances have changed so that one or more of the findings of fact contained in subsection (F) of this section can no longer be made and the permittee has not substantially exercised the rights granted by the temporary use permit.

2. The temporary use permit was obtained by misrepresentation or fraud.

3. One or more of the conditions of the temporary use permit have not been met.

4. The use is in violation of any statute, ordinance, law, or regulation in effect at the time of permit issuance. [Ord. 342 § 3 (Exh. A), 2016; Ord. 328 § 4 (Exh. B), 2014; Ord. 95-7 § 2; Code 1990 § 12.10.13.]

18.15.135 Temporary events.

A. Purpose. The following provisions highlight the need for the sponsor of temporary events to obtain all required permits and approvals from the city and other agencies to ensure the safety of the public attending the events.

B. Temporary Events Defined. Temporary events are typically one-time events of no more than three days in length (including annual or recurring events). Examples include fairs, carnivals, rodeos, shows, walking/running and/or bicycling events and races, parades, and seasonal sale of agricultural products (e.g., farmer’s markets).

C. Temporary Events Prohibited. Any temporary event that allows access by the public into or on a temporary structure on residential property by any person is prohibited. For the purposes of this section, “temporary structure” is any enclosed or unenclosed structure requiring the assembly of materials or parts and erected for a period not to exceed 45 consecutive days. This definition excludes tables, chairs, umbrellas, or inflatable objects.

D. Temporary Event Coordination Required. Unless a temporary event is exempt as defined below, the event sponsor shall contact and obtain any required permits from the following departments and agencies:

1. City of Calimesa building and safety division;

2. City of Calimesa public works/engineering department;

3. Riverside County fire department;

4. Riverside County sheriff’s department;

5. Riverside County department of environmental health.

E. Exempt Temporary Events. The following temporary events are exempt from the requirements of this section, unless they require approval from any of the departments or agencies listed in subsection (D) of this section.

1. Temporary facilities to accommodate emergency public health and safety needs and activities.

2. Noncommercial events conducted at private homes (weddings, parties, etc.), which do not involve the construction of temporary structures in the front yard.

3. Yard or garage sales, or holiday displays.

4. Promotional events and grand opening celebrations in established commercial shopping centers that do not interfere with vehicular traffic on public or private streets and driveways, do not disrupt the proper functioning of parking areas, do not involve the outdoor sale of goods and merchandise, and do not exceed three days in duration.

5. Temporary events which occur in theaters, meeting halls, or other permanent public assembly facilities which do not overflow outside the enclosed facility. Temporary events may be subject to additional permits, other city department approvals, licenses, and inspections as required by any applicable laws or regulations.

F. Temporary Event Standards. Temporary events must comply with the following standards:

1. Each temporary event shall be no more than three consecutive days in length.

2. All parking spaces for patrons and guests shall be provided on site where the activity is taking place. On-street or off-site parking may be used in lieu of on-site parking if approved by the city.

3. Vehicular access to the event site shall not create traffic conflicts or congestion on city streets or preclude access to any other private property during the operation of the event.

4. Noise created by the event shall not exceed the levels outlined by the city of Calimesa noise ordinance.

5. The concentration of persons, animals, structures, or vehicles shall not interfere with emergency access.

G. Limitation. The maximum number of temporary events shall be four times in each calendar year at a location, with a minimum of 30 calendar days between each event.

H. Plans. The applicant shall submit plans to the review authority for signs, solid, hazardous and toxic waste collection and disposal; for safety and security measures; and for sanitary and medical facilities.

I. Bond, Insurance and Indemnity.

1. The city may require a sponsor of a temporary event to post a bond or other financial security, in a form satisfactory to the city, to ensure that the event location is restored to its original condition and that the city is fully reimbursed for any unanticipated law enforcement or emergency medical expenses. The city shall determine the amount of the bond or other security, and the event sponsor shall post it with the permitting authority.

2. The city may require that the sponsor of a temporary event show proof of indemnity or liability insurance naming the city as an additional insured when using public property or public streets, and may also require the applicant to agree in writing to defend, indemnify and hold harmless the city from any physical injuries, property damages or personal injuries resulting from or arising out of the operation of the temporary event when using public property or public streets, in a form satisfactory to the city.

J. Condition of Site Following Temporary Use. Each site occupied by a temporary event shall be left free of debris, litter, or any other evidence of the temporary event upon completion or removal of the event, and shall thereafter be used pursuant to the provisions of this zoning code.

K. Nontransferability. A temporary event permit is nontransferable.

L. Additional Conditions. The review authority may impose such other conditions to require that the operation of the temporary event will be carried out in an orderly and efficient manner and in accordance with the intent and purpose of this section.

M. Enforcement. The city may require the immediate closure of any nonexempt event which is operating without the required approvals and/or permits from the city or any other public agency or does not meet the standards of this section. The city may also pursue any other civil or criminal remedy available under CMC 18.15.070 and any other provision of this code or state or federal law to remedy any violation of this section or any approval issued pursuant to this section. [Ord. 342 § 3 (Exh. A), 2016.]

18.15.140 Variances.

A. Purpose. These provisions shall ensure the following:

1. Variances from the terms of this zoning code shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of this zoning code deprives such property of privileges enjoyed by other property in the vicinity and under identical land use district classification.

2. Any variance granted shall be subject to such conditions as will ensure that the adjustment thereby authorized shall not constitute a grant of special privilege(s) inconsistent with the limitations upon other properties in the vicinity and land use district in which such property is situated.

3. The power to grant variances does not extend to use regulations. Flexibility in use regulations is provided in the conditional use permit provisions of this zoning code.

B. Application. Application for a variance shall be filed in a manner consistent with the requirements contained in CMC 18.15.020, Application.

C. Applicability. The planning commission may grant a variance from the requirements of this zoning code governing only as to the following:

1. Permit the modification of the dimensional standards of the following:

a. Lot area;

b. Lot coverage;

c. Lot dimensions;

d. Setbacks;

e. Structure heights.

2. Permit the modification of sign regulations.

3. Permit the modification of the number and dimensions of parking areas or loading space requirements.

D. Hearings and Notice. Upon receipt in proper form of a variance application, a public hearing shall be set and notice of such hearing given in a manner consistent with CMC 18.15.080, Hearings and appeals.

E. Findings. Following a public hearing, the commission shall record the decision in writing and shall recite therein the findings upon which such decision is based, pursuant to Section 65906 of the Government Code. The commission may approve and/or modify an application in whole or in part, with or without conditions, only if all of the following findings are made:

1. There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, such that the strict application of this zoning code deprives such property of privileges enjoyed by other property in the vicinity and under identical land use district classification.

2. Granting the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and land use district and denied to the property for which the variance is sought.

3. Granting the variance will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and land use district in which the property is located.

4. Granting the variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use district in which such property is located.

5. Granting the variance does not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel.

6. Granting the variance will not be inconsistent with the general plan.

F. No Precedents. The granting of a prior variance shall have no precedential value in the city’s consideration of a new variance application on the same property or any other property in the city, and shall not be admissible evidence when considering an application for the granting of a new variance on the same or different property in the city.

G. Burden of Proof. The burden of proof to establish the evidence in support of the findings, as required by subsection (E) of this section, is the responsibility of the applicant.

H. Expiration and Automatic Extensions.

1. Expiration. Except as provided in subsection (H)(2), (H)(3) or (H)(4) of this section, a variance shall be used within one year from the date of approval, or the variance shall become null and void. The term “used” shall mean the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion, or the actual occupancy of existing buildings or land under the terms of the authorized use.

2. First Automatic Extension – 2009. The expiration date of all variance approvals that have either not expired by October 9, 2009, or that are subsequently approved prior to January 1, 2012, shall be automatically extended by 24 months. This automatic extension provision shall not apply to any variance approval that is granted on or after January 1, 2012.

3. Second Automatic Extension – 2011. The expiration date of all variance approvals that have either not expired by October 9, 2011, or that are subsequently approved prior to January 1, 2014, shall be automatically extended by 24 months. This automatic extension provision shall not apply to any variance approval that is granted on or after January 1, 2014.

4. Third Automatic Extension – 2013. Except as provided in this subsection (H)(4), the expiration date of variances that were approved on or after January 1, 2000, and that have not expired on or before July 1, 2013, shall be automatically extended by 24 months. This automatic extension provision shall not apply to any variance that is granted on or after July 11, 2013. This automatic extension shall also not apply to any variance if the use or development for which the variance was granted had ceased or was suspended for more than one year.

I. Time Extension. The commission may, upon an application being filed 30 days prior to expiration and for good cause, grant a one-time extension not to exceed 12 months. Upon granting of an extension, the commission shall ensure that the variance complies with all current zoning code provisions.

J. Use of Property Before Final Decision. No permit shall be issued for any use involved in an application for approval of a variance until, and unless, the same shall have become final, pursuant to CMC 18.15.080(F), Effective Date of Decision.

K. Revocation. The commission may hold a public hearing to revoke or modify a variance granted pursuant to the provisions of this section. Ten days prior to the public hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which such variance was granted.

A variance may be revoked or modified by the commission if any one of the following findings can be made:

1. Circumstances have changed so that one or more of the findings contained in subsection (E) of this section can no longer be made, and the grantee has not substantially exercised the rights granted by the variance.

2. The variance was obtained by misrepresentation or fraud.

3. The improvement authorized pursuant to the variance had ceased or was suspended for six or more consecutive calendar months.

4. One or more of the conditions of the variance have not been met, and the grantee has not substantially exercised the rights granted by the variance.

5. The improvement authorized pursuant to the variance is in violation of any statute, ordinance, law, or regulation in effect at the time of approval of the variance.

6. The improvement permitted by the variance is detrimental to the public health, safety, or welfare or constitutes a nuisance.

L. Appeals. Appeal of the written determination shall be made in accordance with CMC 18.15.080, Hearings and appeals. [Ord. 342 § 3 (Exh. A), 2016; Ord. 328 § 4 (Exh. B), 2014; Ord. 318 § 4, 2011; Ord. 293 § 5, 2009; Ord. 95-7 § 2; Code 1990 § 12.10.14.]

18.15.150 Zone change.

A. General. Whenever the public necessity, convenience, general welfare, good zoning practice, or the policies set forth in the general plan justify such action, this zoning code may be amended by changing the boundaries of zone districts.

Zone changes may be initiated by the city council, the planning commission, or by application of the property owner or other person having a legal or equitable interest in the property that is the subject of the zone change or by that person’s authorized agent.

B. Application. Application for a zone change shall be filed in a manner consistent with the requirements contained in CMC 18.15.020, Application.

C. Hearings and Notice. Upon receipt in proper form of a zone change application, or upon direction of the planning commission or city council, and following department review, hearings shall be set before the commission and city council. Notice of the hearings shall be given pursuant to the requirements of CMC 18.15.080, Hearings and appeals.

D. Planning Commission Action. The planning commission shall hold at least one public hearing and shall make a recommendation of approval, denial, or modified approval to the city council. A recommendation of approval or modified approval shall be based on the findings in subsection (F) of this section.

E. City Council Action.

1. Upon receipt of the recommendation of the commission for approval, the city council shall hold a public hearing. If the commission has recommended against adoption of such amendment, the city council shall not be required to take any further action thereon unless the applicant files a written appeal with the city clerk within five days after the commission files its recommendations with the city council.

2. Notice of time and place of hearing shall be given pursuant to CMC 18.15.080, Hearings and appeals.

3. The city council may approve, modify, or deny the recommendation of the commission; provided, that any modification of the proposed change of zone by the city council shall first be referred to the commission for report and recommendation, but the commission shall not be required to hold a public hearing thereon.

4. Failure of the commission to report within 40 days after the referral, or such longer period as may be designated by the city council, shall be deemed to be approval of the proposed modification.

F. Findings. A zone change may be adopted only if the following findings are made:

1. The proposed zone change is consistent with the general plan or any amendment approved concurrently with the zone change;

2. The proposed zone change would not be detrimental to the public interest, health, safety, convenience, or welfare of the city;

3. The proposed zone change would not affect the surrounding area or community in general;

4. The proposed zone change is in conformance with the purpose of this section and with all applicable, officially adopted policies and plans; and

5. Adequate public facilities, including but not limited to sewer and water lines, utilities, drainage facilities, police and fire protection, vehicular circulation, and school facilities, will be available to serve the area affected by the proposed zone change when development occurs.

G. Prezoning. An unincorporated area may be prezoned to determine the zoning that will apply in the event of subsequent annexation to the city. Procedures for initiation are the same as for property rezoning.

H. Interim Zoning.

1. Without following the procedures otherwise required prior to the adoption of a zoning ordinance, the city council, to protect the public safety, health, and welfare, may adopt as an urgency measure an interim ordinance prohibiting any uses which may be in conflict with a contemplated general plan, specific plan, or zoning proposal which the city council, planning commission, or planning department is considering or studying or intends to study within a reasonable time. Such urgency measure shall require four-fifths vote of the city council for adoption. Such interim ordinance shall be of no further force and effect 45 days from the date of adoption; provided, however, that after notice pursuant to Government Code Section 65090 and public hearing, the city council may extend the interim ordinance for 10 months and 15 days and subsequently extend the interim ordinance for one year. Any extension shall also require a four-fifths vote for adoption. Not more than two extensions may be adopted.

2. Alternatively, an interim ordinance may be adopted by a four-fifths vote following notice pursuant to Government Code Section 65090 and public hearing, in which case it shall be of no further force and effect 45 days from its date of adoption. After notice pursuant to Section 65090 and public hearing, the city council may by a four-fifths vote extend the interim ordinance for 22 months and 15 days.

3. The city council shall not adopt or extend any interim ordinance pursuant to this section unless the ordinance contains a finding that there is a current and immediate threat to the public health, safety, or welfare and that the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in a threat to public health, safety, or welfare.

4. Ten days prior to the expiration of an interim ordinance or any extension, the city council shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance.

5. When an interim ordinance has been adopted, every subsequent ordinance adopted pursuant to this section, covering the whole or a part of the same property, shall automatically terminate and be of no further force or effect upon the termination of the first interim ordinance or any extension of the ordinance as provided in this section. [Ord. 342 § 3 (Exh. A), 2016; Ord. 328 § 4 (Exh. B), 2014; Ord. 95-7 § 2; Code 1990 § 12.10.15.]

18.15.160 Reasonable accommodation.

A. Purpose and Intent. This section provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the federal Fair Housing Act and the California Fair Employment and Housing Act (together, the acts) in the application of zoning laws and other land use regulations, policies, and procedures.

B. Applicability.

1. A request for reasonable accommodation may be made by any person with a disability, their representative, or any entity, when the application of a requirement of this zoning code or other city requirement, policy, or practice acts as a barrier to fair housing opportunities. For purposes of this section, a “person with disability” shall be as defined in the acts.

2. A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

3. A reasonable accommodation is granted to the household that needs the accommodation and does not apply to successors in interest to the site.

4. A reasonable accommodation may be granted in compliance with this section without the need for the approval of a variance.

C. Procedure.

1. Application. A request for reasonable accommodation shall be submitted on an application form provided by the planning department.

2. Review with Other Land Use Applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval, the applicant shall file the information required for application of the reasonable accommodation for concurrent review with the application for discretionary approval.

D. Review Authority.

1. Director. The community development director is hereby designated to grant, grant with modification, or deny a request for reasonable accommodation.

2. Other Review Authority. A request for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application.

E. Review.

1. Director Review. The community development director shall make a written determination within 45 days of the application being deemed complete and either grant, grant with modification, or deny a request for reasonable accommodation. The written determination shall set forth applicable findings and any conditions of approval. A notice of the written determination and any conditions of approval shall be mailed to the applicant at the address shown on the application.

2. Other Review Authority. The written determination on whether to grant, grant with modification, or deny the request for reasonable accommodation shall be made by the authority responsible for reviewing the concurrent discretionary land use application in compliance with the applicable review procedure for the discretionary review. The written determination shall set forth applicable findings and any conditions of approval. A notice of the written determination and any conditions of approval shall be mailed to the applicant at the address shown on the application.

F. Findings. The written decision to grant, grant with modification, or deny a request for reasonable accommodation will be consistent with the acts and shall be based on the following findings, all of which are required for approval:

1. The accommodation is requested by or on behalf of one or more persons considered disabled under the acts.

2. The requested accommodation is necessary to provide one or more individuals considered disabled under the acts an equal opportunity to use and enjoy a residence.

3. The requested accommodation will not impose an undue financial or administrative burden on the city.

4. The requested accommodation will not require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning.

G. Considerations.

1. In determining whether the requested accommodation is necessary to provide one or more disabled persons an equal opportunity to use and enjoy a residence, pursuant to subsection (F)(2) of this section, the city may consider, but not be limited to, the following factors:

a. Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals considered disabled under the acts.

b. Whether the individual(s) with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation.

c. 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. 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 the city.

e. Whether other reasonable accommodations are available that may provide an equivalent level of benefit.

2. In determining whether the requested accommodation would require a fundamental alteration in the nature of a city program or law, pursuant to subsection (F)(4) of this section, the city may consider, but not be limited to, the following factors:

a. Whether the requested accommodation would fundamentally alter the character of the neighborhood.

b. Whether the requested 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 or other similar regulatory document.

d. 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.

H. Conditions of Approval. In granting a request for reasonable accommodation, the review authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings.

I. Expiration and Extension.

1. Expiration. Any reasonable accommodation approved in accordance with the terms of this section shall expire 12 months from the effective date of approval, or at an alternative time specified as a condition of approval, unless:

a. A building permit has been issued and substantial construction has commenced, which construction must thereafter be pursued diligently to completion; or

b. A certificate of occupancy has been issued; or

c. The right granted by the accommodation has been exercised; or

d. A time extension has been granted in accordance with subsection (I)(2) of this section.

2. Extension. The applicant may, at least 30 days prior to expiration of the approved reasonable accommodation permit, request an extension of time in which to use the permit. The request for extension of time shall be made to the planning department on a form provided by the planning department and shall be accompanied by the fee set forth by resolution of the city council. The review authority responsible for approval of the request for accommodation shall review the request for extension. The review authority may grant an extension of up to 12 months, based upon a determination that a valid reason exists for the permit not being used within the required period of time. Multiple extensions are allowed; however, the total time granted under extension(s) for the use of the reasonable accommodation shall not exceed a period of three years, calculated from the date of permit approval.

J. Revisions and Modifications. A request for changes in the conditions of approval of a reasonable accommodation, or changes to plans that would affect a condition of approval, shall be treated as a new application. The planning director may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or additions to the plan or the conditions of approval, and are consistent with the intent of the original approval.

K. Discontinuance. If the disabled person(s) for whom the reasonable accommodation was originally granted vacates the residence, or if the planning director finds that the accommodation is no longer necessary for the use and enjoyment of the residence pursuant to subsection (F)(2) of this section, the previously approved reasonable accommodation shall be discontinued. Should the accommodation be necessary to give another disabled individual an equal opportunity to enjoy the residence, separate application shall be made in accordance with this section.

L. Rules While Decision Is Pending. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

M. Appeals. Appeal of the written determination shall be made in accordance with CMC 18.15.080, Hearings and appeals. [Ord. 342 § 3 (Exh. A), 2016; Ord. 328 § 4 (Exh. B), 2014.]

18.15.170 Zoning clearance.

A. Purpose. The purpose of the zoning clearance process is to ensure that all new and modified uses and structures comply with applicable provisions of this zoning code, using administrative procedures.

B. Applicability. Zoning clearance shall be conducted by the planning director as part of the building permit or other city application review. Zoning clearance is required for the following actions:

1. All structures that require a building permit.

2. Signs, in accordance with Chapter 18.50 CMC, Sign Regulations.

3. Business licenses.

4. All planning entitlement and permit approvals to ensure compliance with applicable conditions of approval.

5. All other city applications that may be subject to the provisions of this zoning code, including but not limited to tree removal, encroachment, and grading and improvement plans.

C. Application. No separate application form is necessary for zoning clearance.

D. Approving Authority and Procedure. The planning director shall be the designated approving authority for zoning clearance. The procedures shall be established by the planning director.

E. Notice and Hearing. Public notice and public hearing are not required for zoning clearance.

F. Appeals. Appeals shall be made in accordance with CMC 18.15.080, Hearings and appeals. [Ord. 342 § 3 (Exh. A), 2016.]

18.15.180 Determination of similar use.

A. Purpose. To provide a method whereby an applicant can propose a use not listed or expressly authorized as a permitted use or as a conditional use by the regulations of this zoning code.

B. Applicability. When a property owner, or applicant, proposes or contemplates a use of property not expressly authorized as a permitted use or as a conditional use by the regulations of the applicable zone district or districts, he/she may apply for a determination of similar use in accordance with the procedures set out in this section.

C. Application. Application for a determination of similar use shall be made in accordance with CMC 18.15.020, Application.

D. Review Authority.

1. Director Review. The planning director shall be the designated approving authority for determination of similar use.

2. Other Review Authority. If an application for determination of similar use is submitted in conjunction with an application for a discretionary permit described in this chapter, the written determination shall be made by the authority responsible for reviewing the discretionary land use application in compliance with the applicable review procedure for the discretionary review.

E. Findings. In making a determination, the review authority shall determine that a proposed or contemplated use is similar to a use or uses expressly authorized in the applicable zone district or districts if the proposed or contemplated use meets all of the following criteria:

1. The use resembles or is of the same basic nature as a use or uses expressly authorized in the applicable zone district or districts in terms of the following:

a. The activities involved in or equipment or materials employed in the use.

b. The effects of the use on the surrounding area, such as traffic impacts, noise, dust, odors, vibrations, and appearance.

2. The use is consistent with the stated purpose of the applicable zone district or districts.

F. Appeals. Appeals shall be made in accordance with CMC 18.15.080, Hearings and appeals.

G. Updates to Zoning Code. The planning director, at least once per year, shall forward to the city clerk a list of uses added in accordance with this section for addition to the zoning code. [Ord. 342 § 3 (Exh. A), 2016.]

18.15.190 Specific plan.

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 California Government Code Section 65450 et seq. This section describes the process for adopting and amending specific plans, and for approving subsequent development under a specific plan.

B. Applicability. Specific plan zoning may be considered for any area of the city.

C. Review Authority and Process. The designated review authority for specific plans is the city council. Review of an application for a specific plan or amendment thereto shall be in accordance with CMC 18.15.060, Zoning code amendments.

D. Application. In addition to the minimum content requirements of California Government Code Section 65451, the specific plan application shall be made in accordance with CMC 18.15.020, Application.

E. Public Hearing and Notice. Public hearing and notice are required for a specific plan pursuant to CMC 18.15.080, Hearings and appeals.

F. Approval Findings. Specific plans and any amendment thereto shall be approved only when the city council makes all of the following findings:

1. The proposed specific plan is consistent with the general plan goals, policies, and implementation programs.

2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city.

G. Adoption. Adoption of the specific plan shall be by ordinance of the city council, which shall constitute final action and approval of the specific plan. Authorization for construction in accordance with the specific plan may only be granted after the effective date of the adoption.

H. Delineation of Specific Plan Areas. On the zoning map, a specific plan zone district shall be delineated in a manner similar to that of any other zone district, except that each specific plan-zoned area shall also bear a number, text, or other symbol which distinguishes it from other specific plan areas.

I. Specific Plan Zones and Zoning Map Designations. The city has adopted the following specific plans which are designated on the city’s zoning map as set forth herein.

1. Summerwind Ranch. The Summerwind Ranch Specific Plan was approved in January 2005 and includes 2,590.1 acres approved for development of up to 3,841 dwelling units, as well as commercial, business park, open space, recreation, and public facility uses.

2. Mesa Verde Estates. The Mesa Verde Estates Specific Plan was approved in February 2007 and includes 1,493 acres approved for development of up to 3,850 dwelling units, as well as mixed use, open space, recreation, and public facility uses.

3. Heritage Oaks Equestrian Community Specific Plan. The Heritage Oaks Equestrian Community Specific Plan was approved in May 2007, and includes 54 acres approved for development of 45 single-family homes. [Ord. 342 § 3 (Exh. A), 2016.]