Chapter 23.16
PERMIT REQUIREMENTS

Sections:

23.16.010    Permit requirements and exemptions.

23.16.020    Zoning clearance/plan check.

23.16.027    Uniform sign program.

23.16.030    Minor deviation.

23.16.037    Special parking permit.

23.16.040    Variance.

23.16.050    Temporary use permit.

23.16.060    Repealed.

23.16.065    Reasonable accommodation.

23.16.070    Conditional use permit and minor conditional use permit.

23.16.080    Design review.

23.16.085    Clustered development permit.

23.16.090    Specific plans.

23.16.100    Special planning area.

23.16.110    Zoning amendments (text and map).

23.16.115    Community plan (establishment and amendment).

23.16.120    General Plan amendments (text and map).

23.16.130    Prezoning.

23.16.140    Development agreements.

23.16.010 Permit requirements and exemptions.

All planning and zoning-related permits and actions required and regulated by the City are listed herein. Such permits generally fall into three categories based on the type of permit or action and the level of review:

A. Administrative permits and actions;

B. Quasi-judicial permits and actions; and

C. Legislative actions.

Each permit type is described in this section in terms of purpose and applicability, approving authority, and unique processing provisions. See EGMC Chapter 23.14, General Application Processing Procedures, for general application submittal, review, noticing/hearing, and appeal provisions. The permit process for review, decision, and appeal of signs is listed in EGMC Section 23.62.080, Sign permits, sign-related decisions and orders, and internal appeals. Exemptions to permit requirements are listed throughout this title. Provisions for tentative parcel maps and tentative subdivision maps are listed in EGMC Title 22. [Ord. 26-2006 §3, eff. 8-11-2006]

23.16.020 Zoning clearance/plan check.

A. Purpose and Applicability. The purpose of zoning clearance/plan check is to ensure that all new and modified uses and structures comply with applicable provisions of this title, using simple administrative plan check procedures. Zoning clearance/plan check is required for all structures that require a building permit and for signs.

B. Approving Authority. The designated approving authority for zoning clearance/plan check is the Development Services Director. The Development Services Director approves, conditionally approves, or denies the zoning clearance/plan check in accordance with the requirements of this title.

C. Process.

1. Generally. No application form is necessary for zoning clearance/plan check. This process will be conducted by the Development Services Director as part of the building permit application review. Zoning clearance shall be granted only when the Development Services Director finds the proposal to be in conformance with all applicable provisions of this title. The Development Services Director may modify plans in whole or in part, apply conditions of approval, or require guarantees to ensure compliance with applicable provisions of this title. Building permits shall not be issued without approval of zoning clearance/plan check.

2. Signs. The process for reviewing signs shall be as generally provided above, except that additional information describing the existing signs on the project site and the new proposed signs shall be required on a form provided by the Development Services Department. Further, upon approval of the proposed project, the Development Services Director shall issue a sign permit for the sign. The permit shall be on a label provided by the Development Services Department indicating the building permit file number associated with that sign. The permit shall be affixed to the sign in a conspicuous place. [Ord. 24-2015 §11 (Exh. I), eff. 2-12-2016; Ord. 8-2011 §8(A), eff. 6-24-2011]

23.16.027 Uniform sign program.

A. Purpose and Applicability. There are two (2) types of uniform sign programs: major and minor. Both programs provide a process for the City’s review of and decisions related to requests for signs for multi-tenant projects. The intent of the uniform sign programs are to allow for the integration of a project’s signs with the design of the structures involved to achieve a unified architectural statement and to approve common sign regulations for multi-tenant projects. A uniform sign program (either major or minor) shall be required for all new multi-tenant shopping centers, office parks, and other multi-tenant, mixed-use, or otherwise integrated developments of three (3) or more separate tenants/uses that share buildings, public spaces, landscape, and/or parking facilities. The differences between the programs are as follows:

1. Minor Uniform Sign Program. A minor uniform sign program does not allow for deviations from the signage standards in this title.

2. Major Uniform Sign Program. The intent of the major uniform sign program is to:

a. Provide a process for the application of sign regulations in ways that will allow creatively designed signs that make a positive visual contribution to the overall image of the City, while mitigating the impacts of large or unusually designed signs; and

b. Allow for the installation of signs larger, taller, and/or more numerous than otherwise permitted by this title.

B. Approving Authority. The designated approving authority for uniform sign programs (both major and minor) are listed below. In evaluating a uniform sign program, the designated approving authority shall not consider the graphic design or message of any noncommercial message proposed for any of the signs within the program.

1. Minor Uniform Sign Program. The Development Services Director shall be the designated approving authority for a minor uniform sign program. The Development Services Director shall approve or deny applications for minor design after making the necessary findings.

2. Major Uniform Sign Program. The designated approving authority for a major uniform sign program is the Planning Commission. The Development Services Director provides a recommendation and the Planning Commission approves, conditionally approves, or denies the major uniform sign program in accordance with the requirements of this title. The Planning Commission shall approve, approve with conditions, or deny applications for a major uniform sign program after making the necessary findings.

C. Procedure. The procedures for a uniform sign program shall be as provided in EGMC Chapter 23.14, General Application Processing Procedures, except as provided below:

1. Minor Uniform Sign Program. No public hearing or notice shall be required.

2. Major Uniform Sign Program. A public hearing shall be required and public notice shall be provided as specified in EGMC Section 23.14.040, Public hearing for quasi-judicial and legislative permits and entitlements.

D. Standards. The uniform sign program (both major and minor) shall include criteria for building-attached signs, freestanding building signs, and the integrated development itself to establish consistency of sign type, location, center logo, and/or letter height, lines of copy, illumination, and construction details of signs for the project. All signs within the development shall be consistent with the approved uniform sign program. The message substitution policy of EGMC Chapter 23.62 shall be deemed incorporated in every sign program, even if the sign program documents do not explicitly so state.

1. Minor Uniform Sign Program. Maximum size, location, height, setback, and other development standards for signs in the minor uniform sign program shall be consistent with the standards of this title. No deviations from sign standards are allowed through a minor uniform sign program.

2. Major Uniform Sign Program.

a. Deviations Allowed. The following types of deviations from the signage standards of this title may be requested by the applicant for a major uniform sign program and may, upon written findings, be approved by the approving authority:

i. Increases in maximum allowed area per tenant for permanent signs on the subject site not to exceed one hundred fifty (150%) percent of the respective development standards in the underlying zoning district for the subject parcel (for a total of fifty (50%) percent more than the respective development standard);

ii. Increases in the total number of monument signs allowed per project not to exceed two hundred (200%) percent of the respective development standards in the underlying zoning district for the subject parcel (for a total of one hundred (100%) percent more than the respective development standard);

iii. Allowances for signs to exceed the maximum height and length requirement(s) not to exceed one hundred twenty-five (125%) percent of the respective development standards in the underlying zoning district for the subject parcel (for a total of twenty-five (25%) percent more than the respective development standard);

iv. All other sign deviations require approval of a variance application. The general operational standards (e.g., lighting, setback, etc.) listed in EGMC Sections 23.62.110 and 23.62.120 shall be observed.

b. Deviations Prohibited. A major uniform sign program shall not be used to allow prohibited signs listed in EGMC Section 23.62.100, including electronic readerboard signs, and/or billboard signs in accordance with EGMC Chapter 23.47.

c. Considerations and Basis for Deviations. In approving an application for a major uniform sign program and any deviations from the signage standards of this title, the designated approving authority shall ensure that the proposed sign meets all of the following criteria:

i. Design Quality. The sign shall:

(A) Have a positive visual impact on the surrounding area;

(B) Be of a unique design and exhibit a high degree of imagination, inventiveness, and thoughtfulness; and

(C) Provide strong graphic character through the imaginative use of any of the following: color, graphics, proportion, quality materials, scale, and texture.

ii. Contextual Criteria. The sign shall contain at least one (1) of the following elements:

(A) Creative image reflecting current or historic character of the City; or

(B) Inventive representation of the logo, name, or use of the structure or business.

iii. Architectural Criteria. The sign shall:

(A) Utilize or enhance the architectural elements of the related building(s); and

(B) Be placed in a logical location in relation to the overall composition of the building’s facade and not cover any key architectural features and details of the facade.

iv. Impacts on Surrounding Uses. The sign shall be located and designed so as not to cause light and glare impacts on surrounding uses, especially residential uses, and vehicle circulation patterns.

E. Findings.

1. Minor Uniform Sign Program. A minor uniform sign program, or revisions thereto, may be approved only when the designated approving authority makes findings of fact that the proposed sign program is consistent with the development standards for a uniform sign program as established in this section.

2. Major Uniform Sign Program. A major uniform sign program, or revisions thereto, may be approved only when the designated approving authority makes all of the following findings:

a. The proposed major uniform sign program is consistent with the objectives of the General Plan;

b. The proposed signage is consistent with the purposes of the major uniform sign program; and

c. The proposed deviations from the signage standards of this title are consistent with the considerations and basis for deviations listed in this title.

F. Conditions. Only in the case of a major uniform sign program may the designated approving authority modify plans in whole or in part and condition the uniform sign program permit to ensure specific design features, construction materials, and conformance with all applicable provisions of this title. [Ord. 14-2017 §3 (Exh. C), eff. 6-23-2017; Ord. 24-2015 §11 (Exh. I), eff. 2-12-2016; Ord. 8-2011 §8(B), eff. 6-24-2011]

23.16.030 Minor deviation.

A. Purpose and Applicability. The purpose of the minor deviation is to allow some flexibility in project design with regard to specific development standards. Minor deviations do not apply to the use of property. To achieve more flexible standards, the designated approving authority may grant minor deviations to the building height, setback, lot coverage, maximum allowed signage area, sign height, sign setbacks, sign projections, and parking provisions not to exceed ten (10%) percent of the respective development standards in the underlying zoning district for the subject parcel or the applicable sign standard in accordance with EGMC Chapter 23.62, Signs on Private Property. Except as otherwise set forth in EGMC Title 22 or 23, all other deviations require approval of a variance application.

B. Approving Authority. The designated approving authority for minor deviations is the Development Services Director. The Development Services Director approves or denies the minor deviation in accordance with the requirements of this title.

C. Findings. The Development Services Director may approve and/or modify any application for a minor deviation in whole or in part with the following findings:

1. The deviation(s) improve the site, architectural, and/or overall project design; and

2. The deviation(s) are materially consistent with the project and are compatible with surrounding uses and structures. [Ord. 20-2018 §3 (Exh. A), eff. 11-9-2018; Ord. 14-2017 §3 (Exh. C), eff. 6-23-2017; Ord. 24-2015 §11 (Exh. I), eff. 2-12-2016; Ord. 23-2014 §3 (Exh. A), eff. 10-10-2014; Ord. 8-2011 §8(C), eff. 6-24-2011]

23.16.037 Special parking permit.

A. Purpose. A special parking permit provides a process for the review of requests for modifications in the parking requirements as provided herein. Specifically, a special parking permit may provide for the reduction in the number of required parking spaces by more than ten (10%) percent of the respective development standards where such reduction is justified without compromising the basic health, safety and welfare of the community. Also see EGMC Section 23.16.030, Minor deviation, for deviations that are ten (10%) percent or less of the respective development standards. Additionally, a special parking permit may allow for a portion of the required off-street parking to be provided through on-street spaces as provided herein. Through the special parking permit, the City is creating a formal, documented process for the allowance of parking modifications.

B. Applicability. A special parking permit may provide for the following:

1. The minimum number of off-street parking spaces required by this title may be reduced through one (1) or more of the following procedures:

a. Reduced Parking Ratio. The designated approving authority may approve reduced parking ratio from that listed in Table 23.58-1 (Parking Ratio for Shopping Centers Based on Percentage Restaurant Use) and Table 23.58-2 (Parking Requirements by Land Use), in accordance with EGMC Section 23.58.050(I).

b. Parking Reduction Programs for Nonresidential Uses. Commercial, office, or industrial projects may request a reduction in the minimum number of parking spaces required, provided they include one (1) or more of the following parking reduction programs, as described in EGMC Section 23.58.060:

i. Facilities and programs;

ii. Preferred carpool/vanpool parking spaces;

iii. Long-term bicycle parking facilities;

iv. Proximity to alternative transportation modes;

v. Shared parking; and

vi. Vehicle park-and-ride lot requirements at shopping centers.

2. All or a portion of the minimum number of off-street parking spaces required by this title may be provided on-street when, as determined by the City, all of the following are true:

a. The parking provided on-street is located within a reasonable distance of the use or establishment that the on-street parking serves.

b. On-street parking at the designated location is already permitted and/or is supported by the City Engineer.

c. The on-street parking is located in a commercial area and not within a single-family residential neighborhood.

C. Approving Authority. The designated approving authority for all special parking permits shall be the Development Services Director. The Development Services Director approves or denies the special parking permit in accordance with the requirements of this title. Pursuant to EGMC Section 23.14.050, should a special parking permit be considered concurrently with other permits, all project permits shall be processed concurrently and final action shall be taken by the highest-level designated approving authority for all requested permits.

D. Submittal Requirements. The application for a special parking permit shall be made on a form as prescribed by the Development Services Department and shall be accompanied by the information identified on the form. The City may require a parking demand study, conducted by a licensed traffic engineer or other transportation professional satisfactory to the Development Services Director, be prepared as part of an application submittal when, at the discretion of the Development Services Director, such a study would provide necessary technical information in order to adequately review the request.

E. Findings. A request for a special parking permit shall be granted only if the approving authority makes the following findings:

1. A reduction is justified based on characteristics of the uses, hourly parking demand studies published by the Urban Land Institute, or other appropriate information demonstrating that sufficient parking capacity will exist to accommodate uses as determined by the approving authority.

2. For any other circumstance where the applicant wishes to request a special parking permit, such permit may be granted where the review authority finds that:

a. The intent of the parking regulations, in compliance with all other applicable provisions of this title, is met; and

b. Sufficient parking would be provided to serve the use intended and potential future uses of the subject parcel. [Ord. 6-2019 §3 (Exh. A), eff. 4-26-2019; Ord. 14-2017 §3 (Exh. C), eff. 6-23-2017; Ord. 24-2015 §11 (Exh. I), eff. 2-12-2016; Ord. 15-2014 §3 (Exh. A), eff. 8-22-2014; Ord. 12-2012 §3, eff. 7-27-2012; Ord. 8-2011 §8(D), eff. 6-24-2011]

23.16.040 Variance.

A. Purpose and Applicability. In accordance with Section 65906 of the California Government Code, a variance request allows the City to grant exception to the development standards and provisions of this title in cases where, because of special circumstances applicable to the property, the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and under identical land use zoning districts. A variance approval is required to grant exception from any of the development standards and provisions of this title. Variance applications may not be granted for uses or activities not otherwise permitted by zoning district regulations.

B. Approving Authority. The designated approving authority for a variance is the Planning Commission. The Development Services Director provides a recommendation and the Planning Commission approves, conditionally approves, or denies the variance in accordance with the requirements of this title.

C. Findings. The Planning Commission may approve and/or modify any variance application in whole or in part, with or without conditions, only if the applicant can demonstrate to the Planning Commission that the circumstances of their particular case can justify making all of the following findings:

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

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

3. That granting the variance will not adversely affect the interests of the public or the interests of residents and property owners in the vicinity of the premises in question.

4. That granting the variance is consistent with the objectives of the General Plan and this title.

D. Conditions. The Planning Commission may impose conditions for the variance to ensure compliance with this section and other applicable provisions of this title.

E. Repealed by Ord. 8-2011. [Ord. 24-2015 §11 (Exh. I), eff. 2-12-2016; Ord. 8-2011 §§8(E), (F), eff. 6-24-2011; Ord. 26-2006 §3, eff. 8-11-2006]

23.16.050 Temporary use permit.

A. Purpose and Applicability. The purpose of a temporary use permit is to allow uses of a temporary nature on private property to exist for a specified length of time, in a manner which will not adversely impact the general welfare of persons residing in the community. A temporary use permit is required prior to the construction or operation of any facilities or uses associated with any activity that requires authorization of a temporary use permit. Also see temporary use provisions in EGMC Chapter 23.92, Temporary Uses, and permanent outdoor use provisions in EGMC Chapter 23.86, Outdoor Sales, Display, Storage, and Seating.

B. Approving Authority. The designated approving authority for temporary use permits is the Development Services Director. The Development Services Director approves, conditionally approves, or denies the temporary use permit in accordance with the requirements of this title.

C. Findings. A temporary use permit shall be granted only when the designated approving authority finds that the proposed activity complies with all of the following criteria:

1. The establishment, maintenance or operation of the temporary use will not be detrimental to the public health, safety or welfare of the persons residing or working in the neighborhood of the proposed use (e.g., excessive dust, noise, light, odor, or other objectionable characteristics).

2. The temporary use is in conformance with applicable provisions of this title and other regulations of the City, including but not limited to fire access and prevention, security provisions, and access to necessary water and sewer services.

3. Measures for removal of the use and site restoration have been required.

D. Conditions/Guarantees. The following conditions shall apply to all temporary use permits. The approving authority may impose additional conditions and/or require guarantees to ensure conformance with this title.

1. Requirements for vehicular ingress/egress and corresponding traffic safety provisions, parking requirements and facilities, and hours of operation.

2. Regulation of public nuisance factors (e.g., light glare, noise, vibration, smoke, dust, dirt, odors, gases, and heat).

3. Regulation of maintenance and site restoration during and after termination of the temporary use or expiration of the temporary use permit. A bond or other form of security acceptable to the Development Services Director may be required prior to the initiation of the use to ensure cleanup after the use is finished.

E. Repealed by Ord. 8-2011. [Ord. 24-2015 §11 (Exh. I), eff. 2-12-2016; Ord. 8-2011 §8(G), eff. 6-24-2011; Ord. 26-2006 §3, eff. 8-11-2006]

23.16.060 Minor use permit.

Repealed by Ord. 8-2011. [Ord. 16-2009 §3, eff. 9-25-2009; Ord. 26-2006 §3, eff. 8-11-2006]

23.16.065 Reasonable accommodation.

A. Purpose and Intent. The purpose of allowing reasonable accommodation(s) is to provide a process for individuals with disabilities to make requests for reasonable accommodation(s) for relief from the various land use, zoning, or rules, policies, practices, and/or procedures of the City. It is the policy of the City, pursuant to the Federal Fair Housing Act (as amended), to provide people with disabilities reasonable accommodation(s) in rules, policies, and procedures that may be necessary to ensure equal access to housing.

B. Requesting Reasonable Accommodation(s).

1. In order to make specific housing available to an individual with a disability, a disabled person or representative may request reasonable accommodation(s) relating to the various land use, zoning, or rules, policies, practices, and/or procedures of the City.

2. If an individual needs assistance in making the request for reasonable accommodation(s) or appealing a determination regarding reasonable accommodation(s), the Development Services Director will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant.

3. A request for reasonable accommodation(s) with regard to City regulations, rules, policies, practices, and/or procedures may be filed on an application form provided by the Development Services Director at the time that the accommodation may be necessary to ensure equal access to housing.

C. Required Information. The applicant shall provide the following information when requesting reasonable accommodation(s). This information shall be made part of the public record for the project and subject to all applicable State and Federal laws for public access to records.

1. A completed City application indicating, among other things, the applicant’s name, address, and telephone;

2. Address of the property for which the request is being made;

3. The current actual use of the property;

4. The EGMC Title 23 provision, regulation, or policy from which reasonable accommodation(s) is being requested;

5. The basis for the claim that the person(s) for whom the reasonable accommodation(s) is/are sought is/are considered disabled under the Fair Housing Act and why the accommodation is reasonably necessary to make specific housing available to the person(s);

6. Such other relevant information as may be requested by the Development Services Director as the Director reasonably concludes is necessary to determine whether the findings required by subsection (F) of this section (Required Findings for Reasonable Accommodation(s)) can be made, so long as any request for information regarding the disability of the individuals benefited complies with fair housing law protections and the privacy rights of the individual(s) affected.

D. Approving Authority and Approval Process.

1. The Development Services Director shall have the authority to consider and take action on requests for reasonable accommodation(s). When a request for reasonable accommodation(s) is filed with the Development Services Department, it will be referred to the Development Services Director for review and consideration as a ministerial action unless determined otherwise by the Development Services Director. A request for reasonable accommodation(s) shall be considered ministerial in nature when it is related to a physical improvement that cannot be constructed to conform to the City’s setbacks or design standards. Typical improvements considered to be “ministerial” in nature would include ramps, walls, handrails, or other physical improvements necessary to accommodate a person’s disability. The Development Services Director shall issue a written determination of his or her action within fifteen (15) days of the date of receipt of a completed application and may:

a. Grant or deny the accommodation request; or

b. Grant the accommodation request subject to specified nondiscriminatory condition(s); or

c. Forward the request to the Planning Commission for consideration as a conditional use permit and subject to the findings stated in subsection (F) of this section (Required Findings for Reasonable Accommodation(s)).

2. In the event the Development Services Director determines that the request for reasonable accommodation(s) is nonministerial in nature, such request shall be forwarded to the Planning Commission in accordance with EGMC Section 23.16.070, conditional use permit, and shall be subject to the findings stated in subsection (F) of this section (Required Findings for Reasonable Accommodation(s)).

3. All written determinations of actions of the Development Services Director shall give notice of the right to appeal and the right to request reasonable accommodation(s) on the appeals process (e.g., requesting that City staff attempt to schedule an appeal hearing as soon as legally and practically possible), if necessary. The notice of action shall be sent to the applicant by mail.

4. If necessary to reach a determination or action on the request for reasonable accommodation(s), the Development Services Director may request further information from the applicant specifying in detail what information is required. In the event a request for further information is made, the fifteen (15) day period to issue a written determination shall be stayed until the applicant fully and sufficiently responds to the request.

E. Considerations.

1. The City may consider, but is not limited to, the following factors in determining whether the requested accommodation is necessary to provide one (1) or more individuals with a disability an equal opportunity to use and enjoy a dwelling:

a. Whether the requested accommodation will affirmatively enhance the quality of life of one (1) or more individuals with a disability;

b. Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation;

c. In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants;

d. In the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting.

2. The City may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of this title:

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

b. Whether the accommodation would result in a substantial increase in traffic or insufficient parking;

c. Whether granting the requested accommodation would substantially undermine any express purpose of either the City’s General Plan or an applicable specific plan;

d. In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.

F. Required Findings for Reasonable Accommodation(s). In making a determination regarding the reasonableness of a requested reasonable accommodation(s), the approving authority shall make the following findings:

1. The housing which is the subject of the request for reasonable accommodation(s) will be used for an individual protected under the Fair Housing Act.

2. The request for reasonable accommodation(s) is necessary to make specific housing available to an individual protected under the Fair Housing Act.

3. The requested reasonable accommodation(s) does not impose an undue financial or administrative burden on the City and does not fundamentally alter City zoning, development standards, policies, or procedures.

4. The requested accommodation will not result in a fundamental alteration in the nature of the City’s zoning program, as “fundamental alteration” is defined in fair housing laws and interpretive case law.

5. The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others. [Ord. 24-2015 §11 (Exh. I), eff. 2-12-2016; Ord. 8-2011 §8(I), eff. 6-24-2011]

23.16.070 Conditional use permit and minor conditional use permit.

A. Purpose and Applicability. The purpose of the use permit is for the individual review of uses typically having unusual site-development features or operating characteristics, to ensure compatibility with surrounding areas and uses. A use permit is required for all uses specifically identified in this title as requiring such a permit. There are two (2) types of use permits: conditional use permit and minor conditional use permit.

B. Approving Authority. The designated approving authority of use permits (both conditional and minor conditional) is listed below:

1. Conditional Use Permit. The designated approving authority for a conditional use permit is the Planning Commission. The Development Services Director provides a recommendation and the Planning Commission approves, conditionally approves, or denies the conditional use permit in accordance with the requirements of this title.

2. Minor Conditional Use Permit. The designated approving authority for a minor use permit is the Zoning Administrator. The Development Services Director provides a recommendation and the Zoning Administrator approves, conditionally approves, or denies the minor conditional use permit in accordance with the requirements of this title.

a. If the Zoning Administrator elevates a minor conditional use permit to the Planning Commission for review and consideration, the permit request shall become a conditional use permit.

C. Findings. Conditional and minor conditional use permits are quasi-judicial and shall be granted only when the approving authority determines that the proposed use or activity complies with all of the following findings:

1. The proposed use is consistent with the General Plan and all applicable provisions of this title.

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

D. Conditions/Guarantees. The approving authority may impose conditions and/or require guarantees for the conditional use permit and minor conditional use permit to ensure compliance with this section and other applicable provisions of this title and to prevent adverse or detrimental impact to the surrounding neighborhood.

E. Repealed by Ord. 8-2011. [Ord. 24-2015 §11 (Exh. I), eff. 2-12-2016; Ord. 31-2014 §3 (Exh. A), eff. 2-13-2015; Ord. 27-2013 §5, eff. 2-7-2014; Ord. 8-2011 §8(J), eff. 6-24-2011; Ord. 26-2006 §3, eff. 8-11-2006]

23.16.080 Design review.

A. Purpose and Intent. The purpose of the design review process is to promote the orderly and harmonious growth of the City; to encourage development in keeping with the desired character of the City; to ensure physical, visual, and functional compatibility between uses; and to help prevent the depreciation of land values by ensuring proper attention is given to site and architectural design. This permit is intended to provide a process for consideration of development proposals in which the site, architectural, and overall project design are substantially improved by, and provides a City benefit with, the consideration of modifications to the conventional development regulations of the underlying zoning district under special circumstances. However, the flexibility does not apply to use of the land in that only those uses permitted within the underlying zoning district are allowed.

B. Design Review Applicability. There are seven (7) types of design review as described below:

1. Master Home Plan Design Review. A master home plan design review is required for master home plans for single-family residential subdivisions.

2. Outdoor Activity Design Review. An outdoor activity design review is required for permanent outdoor storage and service uses and permanent and seasonal outdoor seating as described in EGMC Chapter 23.86, Outdoor Sales, Display, Storage, and Seating.

3. Minor Design Review. A minor design review permit is required for the following items:

a. New construction of a multifamily residential building or structure with fewer than one hundred fifty (150) units;

b. New construction of a mixed-use or nonresidential building or structure less than ten thousand (10,000 ft2) square feet (e.g., commercial, office, industrial, public/quasi-public);

c. Additions of more than one thousand (1,000 ft2) square feet and less than ten thousand (10,000 ft2) square feet to multifamily residential buildings or structures or nonresidential buildings or structures;

d. The exterior remodel of multifamily residential buildings or structures or mixed-use and nonresidential buildings or structures when not substantially consistent with existing improvements or approved plans as determined by the Development Services Director;

e. Nonrequired fences in accordance with EGMC Chapter 23.52;

f. Modification of nonconforming structures in accordance with EGMC Section 23.84.020; and

g. Other items identified in this title.

4. Major Design Review. A major design review permit is required for the following items:

a. New construction of a multifamily residential building or structure with one hundred fifty (150) or more units;

b. New construction of a single nonresidential building or structure, or multiple buildings or structures within a single shopping center complex, comprising ten thousand (10,000 ft2) square feet or more (e.g., commercial, office, industrial, public/quasi-public);

c. Additions of a single multifamily residential or nonresidential building or structure, or multiple multifamily residential buildings or structures within a multifamily complex, or multiple nonresidential buildings or structures within a single shopping center complex, comprising ten thousand (10,000 ft2) square feet or more;

d. Other items identified in this title.

5. Subdivision Design Review. A subdivision design review is required for any tentative subdivision map.

6. District Development Plan Design Review. A district development plan design review is a process reserved for larger nonresidential or mixed-use development areas that will be developed in phases over time. A district development plan provides overall site plan approval and establishes development elements including, but not limited to, pedestrian improvements, signage, landscaping, internal setbacks, lighting, building architecture design parameters, and other features that are common across the site. Examples of applicable projects include, but are not limited to, hospitals, village centers, and large retail complexes. A district development plan design review may be combined with major design review for the architecture of initial phase development. All subsequent development within the boundaries of an approved district development plan shall be consistent with the district development plan. District development plans shall not be subject to the time limits of EGMC Section 23.18.020 unless specified as a condition of approval.

7. Capital Improvement Program Design Review. A capital improvement program (CIP) design review is required for any activity that otherwise requires design review pursuant to this section but is a project under the City’s capital improvement program (CIP).

C. Exemptions. The following structures are exempt from design review (major and minor). However, such structures may require additional permits, such as a ministerial building permit, to ensure compliance with adopted building code standards and applicable Zoning Code provisions.

1. Single-family custom homes;

2. Additions to or the exterior remodels of single-family residential homes;

3. Additions to multifamily residential buildings or structures that are less than one thousand (1,000 ft2) square feet in footprint size when consistent with existing style, materials, and colors of existing structures as determined by the Development Services Director;

4. Additions to nonresidential buildings or structures that are less than one thousand (1,000 ft2) square feet in footprint size when consistent with existing style, materials, and colors of existing structures as determined by the Development Services Director;

5. Accessory structures located on property in which the primary use is residential, consistent with the provisions of EGMC Chapter 23.46, Accessory Structures;

6. Accessory structures located on property in which the primary use is nonresidential, and which meets at least one (1) of the following requirements:

a. Accessory structures less than one hundred twenty (120 ft2) square feet in floor area and less than eight (8' 0") feet in height, which are located outside of the required setbacks for the underlying zoning district;

b. Accessory structures that meet all of the following minimum requirements:

i. Are less than five hundred (500 ft2) square feet in floor area, with a height not exceeding the lesser of A) less than sixteen (16' 0") feet, or B) less than the total height of the tallest primary structure on the site; and

ii. Are located outside of the required setbacks for the underlying zoning district; and

iii. Are constructed of colors/materials consistent with the existing primary structure(s) on the site, as determined by the Development Services Director;

c. Accessory structures that meet all of the following minimum requirements:

i. Are less than one thousand (1,000 ft2) square feet in floor area, with a height not exceeding the lesser of A) less than sixteen (16' 0") feet, or B) less than the total height of the tallest primary structure on the site; and

ii. Are located outside of the required setbacks for the underlying zoning district; and

iii. Are painted to match the existing primary structure(s) on the site, as determined by the Development Services Director; and

iv. Are obstructed from public view from any public right-of-way and/or adjacent residential or open space properties by existing structures on site;

7. Repairs and maintenance to the site or structure that do not add to, enlarge, or expand the area occupied by the land use, or the floor area of the structure, and that employ the same materials and design as the original construction;

8. Interior alterations that do not increase the gross floor area within the structure, or change/expand the permitted use of the structure (including solar collectors); and

9. Construction, alteration, or maintenance by a public utility or public agency of underground or overhead utilities intended to service existing or nearby approved developments (e.g., water, gas, electric or telecommunication supply or disposal systems, including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, and similar facilities and equipment).

D. Approving Authority. The designated approving authorities for the seven (7) types of design review are listed in Table 23.14-1 (Approval Authority). For any design review process not specifically identified in subsection (B) of this section (Design Review Applicability), the Planning Commission shall be the designated approving authority. The following notes apply to the table:

1. Where the Development Services Director is identified as the designated approving authority for a design review, the Development Services Director may elevate the matter to the Zoning Administrator if the Development Services Director determines that the application could not be simply approved without conditions or denied or if the Development Services Director determines that because of location, size, or design the project warrants a hearing before the Zoning Administrator. In such instances, the permit request shall become a minor design review.

2. Where the Zoning Administrator is identified as the designated approving authority for a design review, the Zoning Administrator shall approve, approve with conditions, or deny applications for minor design after making the necessary findings. The Zoning Administrator may elevate a minor design review permit to the Planning Commission for review and consideration if the Zoning Administrator determines that because of location, size, or design the project warrants a hearing before the Planning Commission. In such instances, the permit request shall become a major design review.

3. Where the Planning Commission is identified as the designated approving authority for a design review, the Planning Commission shall approve, approve with conditions, or deny applications for major design review after making the necessary findings.

4. Where the City Council is identified as the designated approving authority for a design review, the City Council shall approve, approve with conditions, or deny applications for major design review after making the necessary findings.

E. Procedure. The procedures for design review shall be as provided in EGMC Chapter 23.14 (General Application Processing Procedures), except as provided below:

1. Master Home Plan Design Review and Outdoor Activity Design Review. No public hearing or notice shall be required.

2. Minor Design Review, Major Design Review, Subdivision Design Review, District Development Plan Design Review, and CIP Design Review. A public hearing shall be required and public notice shall be provided as specified in EGMC Section 23.14.040, Public hearing for quasi-judicial and legislative permits and entitlements.

F. Findings. A design review permit or any modification thereto shall be granted only when the designated approving authority makes all of the following findings:

1. The proposed project is consistent with the objectives of the General Plan, complies with applicable zoning regulations, specific plan provisions, special planning area provisions, Citywide and/or other applicable design guidelines, and improvement standards adopted by the City;

2. The proposed architecture, site design, and landscape are suitable for the purposes of the building and the site and will enhance the character of the neighborhood and community;

3. The architecture, including the character, scale and quality of the design, relationship with the site and other buildings, building materials, colors, screening of exterior appurtenances, exterior lighting and signing and similar elements establishes a clear design concept and is compatible with the character of buildings on adjoining and nearby properties;

4. The proposed project will not create conflicts with vehicular, bicycle, or pedestrian transportation modes of circulation; and

5. For residential subdivision design review applications, the residential subdivision is well integrated with the City’s street network, creates unique neighborhood environments, reflects traditional architectural styles, and establishes a pedestrian friendly environment.

G. Conditions. As part of any discretionary design review approval (i.e., minor design review, major design review, district development plan design review, CIP design review), the designated approving authority may modify plans in whole or in part and condition the design review permit to ensure specific design features, construction materials, and conformance with all applicable provisions of this title. If a ministerial design review application (i.e., master home plan design review, outdoor activity design review) cannot be approved without the application of conditions of approval, then the Development Services Director shall elevate the project to a minor design review consistent with subsection (D) of this section (Approving Authority).

H. Deviations from Standards. As part of any discretionary design review approval (i.e., minor design review, major design review, subdivision design review, district development plan design review, CIP design review), the designated approving authority may approve deviations from the development standards in this title and applicable design guidelines; provided, that the approving authority makes a finding that the deviation improves the usability of the site and its relationship to surrounding development, including but not limited to pedestrian and vehicular movement and accessibility, architectural design, and landscaping and site amenities or otherwise does not impact the usability of the site or negatively impact adjoining property. Allowed deviations shall be limited to standards that affect the layout of the site, including, but not limited to, setbacks, height, and landscaping. Deviations from minimum lot size and signage standards shall be specifically prohibited. Any deviation to Citywide improvement standards shall be reviewed and decided by the Public Works Director pursuant to EGMC Section 22.20.010(D). [Ord. 6-2019 §3 (Exh. A), eff. 4-26-2019; Ord. 14-2017 §3 (Exh. C), eff. 6-23-2017; Ord. 24-2015 §11 (Exh. I), eff. 2-12-2016; Ord. 23-2014 §3 (Exh. A), eff. 10-10-2014; Ord. 27-2013 §5, eff. 2-7-2014; Ord. 8-2011 §8(K), eff. 6-24-2011]

23.16.085 Clustered development permit.

A. Purpose. The purpose of the clustered development permit review process is to promote integrative site design based on the natural features and topography of a development area; to protect environmentally sensitive areas of a development site, such as woodlands, grasslands, wetlands, and stream corridors; and to preserve other natural or cultural features on a development site, such as prime agricultural land, open space, and historic and cultural resources.

B. Applicability. A clustered development shall be permitted in any zoning district consistent with General Plan policy upon the granting of a clustered development permit, except that in the case of a development site having two or more zoning district designations, the project shall not be eligible to apply for a clustering permit and shall instead be designated and reviewed as a special planning area, pursuant to EGMC Section 23.40.020.

C. General Provisions.

1. The maximum residential density and/or maximum nonresidential floor area ratio (FAR) (where applicable) for a clustered development shall not exceed the density and/or FAR normally permitted for the entire gross site area under the regulations for the applicable base zoning district.

2. A clustered development permit shall not modify or otherwise restrict the uses allowed, conditionally allowed, or prohibited within the applicable base zoning district.

3. Development standards applicable for residential lots created under a clustered development permit shall be those most similar to the zoning district corresponding to the resulting lot size. For example, a project with median lot size of five thousand two hundred (5,200) square feet may be implemented by the RD-5 zoning standards. Modifications to these standards may be permitted by the designated approving authority. The clustered development permit shall clearly state the standards applicable to the project.

4. Open space or other preserve area maintained by a clustered development, excluding private residential open space, shall be conveyed in one of the following manners:

a. To the City of Elk Grove or the Cosumnes Community Services District (CCSD), and accepted by that entity for open space or similar purposes. The conveyance shall be in a form approved by the City or the CCSD, and shall be approved by City Council or CCSD Board, as applicable. In such instances where the City will accept the property a funding mechanism shall be identified to maintain the property in perpetuity. Such funding mechanisms may include, but are not limited to, an endowment in an amount as determined by the accepting agency and provided by the entity developing the project area.

b. To a nonprofit organization whose principal purpose is the conservation of agricultural land or open space. The conveyance shall be in a form approved by the City and the organization’s governing board. The applicant shall demonstrate that the nonprofit has the funds to maintain the property in perpetuity.

c. To a corporation or trust owned by the owners of lots or dwelling units within the clustered development, or to the homeowners association of a condominium development. Ownership in the corporation or trust shall pass with the conveyances of the lots or dwelling units. The conveyance shall be in a form approved by the City and the governing body of the owners of lots or dwelling units. A deed restriction shall be recorded that provides that the open space shall be kept in the authorized condition and shall not be developed in perpituity. The corporation must demonstrate that it has the funds to maintain the property in perpetuity.

D. Procedure.

1. Designated Approving Authority. The designated approving authority for a clustered development permit is the Planning Commission. The Development Services Director provides a recommendation and the Planning Commission approves, approves with conditions, or denies the clustering permit in accordance with the requirements of this title. However, in cases in which the City Council is the designated approving authority for associated entitlements or permits that are bundled with a clustered development permit pursuant to EGMC Section 23.14.050, the City Council shall be the approval authority for the clustered development permit.

2. Conditions of Approval. The designated approving authority may apply such special conditions to its approval of the clustered development as may be required to promote the objectives and purposes of the General Plan and the zoning and subdivision titles of the Municipal Code.

E. Findings. A clustered development permit is discretionary and shall be granted only when the designated approving authority determines that the proposed use or activity complies with all of the following findings:

1. Infrastructure capacity is available for the proposed density and/or intensity of use.

2. On-site resource protection is appropriate and consistent with General Plan policies.

3. The architecture and scale of development are appropriate for and consistent with the intended character of the area.

4. Development rights for the open space, or other preserve area, are permanently dedicated and appropriate long-term management, with funding, provided in perpetuity. [Ord. 6-2019 §3 (Exh. A), eff. 4-26-2019]

23.16.090 Specific plans.

A. Purpose. The purpose of a specific plan is to provide a vehicle for implementing the City’s General Plan on an area-specific basis. The specific plan is intended to serve as a regulatory document, consistent with the General Plan. In the event there is an inconsistency or conflict between an adopted specific plan and comparable provisions of this title, the specific plan shall prevail. This section is consistent with Sections 65450 through 65457 of the California Government Code.

B. Applicability. The City’s General Plan encourages preparation of specific plans and identifies certain areas of the City which require specific plans for development. Specific plan zoning may be considered for other areas of the City.

C. Approving Authority. The designated approving authority for specific plans is the City Council. The Development Services Director and Planning Commission provide recommendations and the City Council approves, conditionally approves, or denies the specific plan in accordance with the requirements of this title.

D. Contents. Specific plans shall contain all of the following information in text and diagrams as required by Sections 65451 and 65452 of the California Government Code. The Development Services Director may prepare guidelines for the preparation of specific plans consistent with the General Plan.

1. Statement of the relationship of the specific plan to the General Plan.

2. The distribution, location, and extent of the uses of land, including open space, within the area covered by the plan.

3. The proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan.

4. Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable.

5. A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out the plan.

6. Other subjects which in the judgment of the City are necessary or desirable for implementation of the General Plan, including but not limited to parking and circulation, proposed conservation, open space, and/or recreation areas, and other guidelines or standards applicable to the specific plan area.

E. Environmental Review. It is anticipated, under the California Environmental Quality Act and Guidelines, that most specific plans will require preparation of an environmental impact report. Once certified, the EIR for a specific plan may be relied upon for further entitlements sought subsequent to adoption of the specific plan. Unless otherwise exempt, an initial study shall be prepared for all subsequent applications to determine whether a supplement to the EIR must be prepared. In the event that a supplement to the EIR is determined not to be necessary, a negative declaration or mitigated negative declaration shall be prepared.

F. Findings. Specific plans and any amendment thereto shall be approved/adopted only when the City Council makes the finding that the proposed specific plan is consistent with the General Plan goals, policies, and implementation programs. The City Council shall also make any other findings for amendments as required by the specific plan itself.

G. Form of Adoption. If a specific plan contains zoning regulations, including but not limited to regulations of density and intensity of development, allowed uses, setback and height standards, signage regulations, or other development standards, such plan shall be adopted by ordinance as provided in Sections 65453 and 65850 of the California Government Code. Otherwise, a specific plan shall be adopted by resolution as provided in Section 65453 of the California Government Code.

H. Delineation of Specific Plan Areas. To the extent that a specific plan contains zoning regulations and is adopted by ordinance, the City zoning map shall delineate, in a manner similar to that of any other zoning district, the boundaries of the specific plan area and may illustrate the land plan as provided in the specific plan. Where there are conflicts between this title and the specific plan, the specific plan shall prevail. See EGMC Section 23.40.010, Specific plan district. [Ord. 6-2019 §3 (Exh. A), eff. 4-26-2019; Ord. 24-2015 §11 (Exh. I), eff. 2-12-2016; Ord. 23-2014 §3 (Exh. A), eff. 10-10-2014; Ord. 8-2011 §§8(L), (M), eff. 6-24-2011; Ord. 26-2006 §3, eff. 8-11-2006]

23.16.100 Special planning area.

A. Purpose. The special planning area (SPA) process is established as a process whereby the City Council or the Planning Commission may initiate proceedings to regulate property in areas throughout the City that have unique environmental, historic, architectural, or other features which require special conditions not provided through the application of standard zone regulations. The purpose of this section is to establish a procedure to initiate or amend special planning areas and does not amend any existing special planning areas automatically. It is recognized that in certain circumstances it may be desirable to provide for a greater range or mixture of uses in an area than would be permitted in the standard land use zones of this title. It is the purpose of this section to provide the method for the City to guide the development of such areas so as to preserve such unique characteristics or provide for a broader mixture of land uses when appropriate.

B. Designation. The abbreviation SPA appearing on the zoning map incorporated in EGMC Section 23.40.020, Special planning area district, indicates that the property so classified is subject to the provisions of this section and an ordinance adopted pursuant to this section.

C. Initiation of Special Planning Area Zoning. Proposals to prepare a special planning area may be initiated by the City of Elk Grove or by any person in the same manner as a zoning amendment as provided in this title.

D. Mandatory Contents of SPA Ordinance. An SPA zone shall be established by ordinance, and each SPA ordinance shall set forth in text, maps, and diagrams the following items, at the level of detail appropriate for the SPA submittal:

1. A list of permitted, conditionally permitted, and prohibited uses.

2. Performance and development requirements relating to yards, lot area, intensity of development on each lot, parking, landscaping, and signs.

3. Other design standards appropriate for the specific site and development.

4. Reasons for establishment of the SPA land use zone on the particular property.

E. Optional Contents of SPA Ordinance. Additional contents may be required as determined by the Development Services Director including, but not limited to, the following:

1. Regulations relating to nonconforming lots, uses, structures, and signs.

2. Time, phasing, and sequence of development projects.

3. Infrastructure plan.

4. Circulation plan.

F. Findings. Prior to adopting an SPA ordinance, the City Council shall make the following findings:

1. That the proposed special planning area is consistent with the goals, policies, and objectives of the General Plan; and

2. That the proposed special planning area meets the requirements set forth in this title; and

3. That the proposed special planning area is needed because the project is not possible under the existing zoning requirements.

G. Application for Amendment to the SPA Land Use Zone. The procedures for amending an SPA land use zone shall be the same as for any amendment to this title, as set forth in EGMC Section 23.16.110, including the necessary findings in subsection (F) of this section.

H. Application of SPA Development Requirements. Where specific conditions of the SPA are more restrictive than the development standards in EGMC Title 23, the conditions of the SPA shall apply. Where a standard is not addressed in the SPA, this title shall apply. [Ord. 24-2015 §11 (Exh. I), eff. 2-12-2016; Ord. 12-2014 §§3(A), (B), eff. 7-11-2014; Ord. 8-2011 §8(N), eff. 6-24-2011]

23.16.110 Zoning amendments (text and map).

A. Purpose. The purpose of a zoning amendment is to allow modification to any provisions of this title (including the adoption of new regulations or deletion of existing regulations) or to change the zoning designation on any parcel(s). This section is consistent with Section 65853 of the California Government Code.

B. Approving Authority. The designated approving authority for zoning amendments is the City Council. The Development Services Director and Planning Commission provide recommendations and the City Council approves or denies the zoning amendment in accordance with the requirements of this title.

C. Initiation of Amendment. A zoning amendment to this title may be initiated by motion of the Planning Commission or City Council, by application by property owner(s) of parcel(s) to be affected by zoning amendment, or by recommendation of the Development Services Director to clarify text, address changes mandated by State law, maintain General Plan consistency, address boundary adjustments affecting land use designation(s), or for any other reason beneficial to the City.

D. Findings for Zoning Amendment (Text or Map). Zoning amendments shall be granted only when the City Council makes the following findings:

1. The proposed zoning amendment (text or map) is consistent with the General Plan goals, policies, and implementation programs. [Ord. 24-2015 §11 (Exh. I), eff. 2-12-2016; Ord. 23-2014 §3 (Exh. A), eff. 10-10-2014; Ord. 8-2011 §8(O), eff. 6-24-2011; Ord. 26-2006 §3, eff. 8-11-2006]

23.16.115 Community plan (establishment and amendment).

A. Purpose. The City Council may establish one or more community plans, which provide policies and standards for a particular geographic area of the City.

B. Format and Content. A community plan shall be adopted by resolution as part of the City’s General Plan. Each community plan shall include, in text and/or graphics, the following subject matters:

1. The general distribution, location, and extent of uses of land for housing, business, industry, open space, and other categories of public and private uses of land.

2. The general location and extent of major thoroughfares, transportation routes, terminals, and other local public utilities and facilities as warranted.

3. Policies for the provision of housing as determined necessary by the City.

4. Policies for the conservation, development, and utilization of natural resources and open spaces, as determined necessary by the City.

5. Policies addressing noise and safety, as determined necessary by the City.

C. Approving Authority. The designated approving authority for community plans, and amendments thereto, is the City Council. The Development Services Director and Planning Commission provide recommendations and the City Council approves or denies the community plan amendment in accordance with the requirements of this title.

D. Initiation of Community Plan or Amendment Thereto. A community plan, or an amendment to an existing community plan, may be initiated by motion of the Planning Commission or City Council, by application by property owner(s) of parcel(s) to be affected by community plan, or by recommendation of the Development Services Director.

E. Findings.

1. In adopting a new community plan, the City Council shall make the following finding:

a. The community plan is consistent with the General Plan goals, policies, and implementation programs.

2. In adopting an amendment to an existing community plan, the City Council shall make all of the following findings:

a. The amendment to the community plan is consistent with the General Plan goals, policies, and implementation programs; and

b. The amendment to the community plan is internally consistent to the community plan. [Ord. 24-2015 §11 (Exh. I), eff. 2-12-2016; Ord. 12-2014 §3(C), eff. 7-11-2014]

23.16.120 General Plan amendments (text and map).

A. Purpose. The purpose of a General Plan amendment is to allow for modifications to the General Plan text (e.g., goals, policies, or implementation programs) or to change the General Plan land use designation on any parcel(s). This section is consistent with Section 65358 of the California Government Code and applies to the original land use designation of property authorized by LAFCO for annexation in the City boundaries.

B. Approving Authority. The designated approving authority for General Plan amendments is the City Council. The Development Services Director and Planning Commission provide recommendations and the City Council approves, conditionally approves, or denies the General Plan amendment in accordance with the requirements of this title.

C. Frequency of Amendment. Pursuant to Section 65358 of the Government Code, no mandatory element of the General Plan may be amended more frequently than four (4) times during any calendar year. Subject to that limitation, an amendment may be made at any time and may include more than one change to the General Plan.

D. Initiation of Amendment. A General Plan amendment to this title may be initiated by motion of the Planning Commission or City Council, by application by property owner(s) of parcel(s) to be affected by General Plan amendment, or by recommendation of the Development Services Director to clarify text, address changes mandated by State law, maintain internal General Plan consistency, address boundary adjustments affecting land use designation(s), or for any other reason beneficial to the City.

E. Findings for General Plan Amendment (Text or Map). In the event that a General Plan amendment is requested by a private property owner, the applicant shall demonstrate to the City Council that there is a substantial benefit to be derived from the amendment.

F. Repealed by Ord. 8-2011. [Ord. 24-2015 §11 (Exh. I), eff. 2-12-2016; Ord. 8-2011 §8(P), eff. 6-24-2011; Ord. 26-2006 §3, eff. 8-11-2006]

23.16.130 Prezoning.

A. Purpose. The purpose of prezoning is to establish the designation of land use by zoning district for unincorporated property adjoining the City, within the sphere of influence. This section is consistent with Section 65859 of the California Government Code.

B. Procedure. The procedure, review, and action are the same as that established for a zoning amendment pursuant to EGMC Section 23.16.110, Zoning amendments (text and map). [Ord. 8-2011 §8(Q), eff. 6-24-2011; Ord. 26-2006 §3, eff. 8-11-2006]

23.16.140 Development agreements.

A. Purpose. This section is adopted in compliance with the provisions of Sections 65864 through 65869.5 of the California Government Code. The City Council finds and declares the use of development agreements is beneficial to the public, in that:

1. Development agreements increase the certainty in the approval of development projects, thereby preventing the waste of resources, reducing the cost of development to the consumer, and encouraging investment in and commitment to comprehensive planning, all leading to the maximum efficient utilization of resources at the least economic cost to the public.

2. Development agreements provide assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, thereby strengthening the public planning process, encouraging private participation in comprehensive planning, and reducing the economic costs of development.

3. Development agreements enable the City to plan for and finance public facilities, including, but not limited to, streets, sewerage, transportation, drinking water, school, and utility facilities, thereby removing a serious impediment to the development of new housing.

B. Approving Authority. The designated approving authority for development agreements is the City Council. The Planning Commission shall hold a public hearing on the proposed development agreement and make a recommendation to the City Council.

C. Findings. A development agreement may only be granted when the City Council makes all of the following findings:

1. The development agreement is consistent with the General Plan objectives, policies, land uses, and implementation programs and any other applicable specific plans.

2. The development agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the City as a whole.

3. The development agreement will promote the orderly development of property or the preservation of property values.

D. Approval of Development Agreement. A development agreement is a legislative act and shall be approved by the City Council by ordinance. The Mayor shall execute any development agreement approved by the City Council.

E. Recordation and Filing of Agreement. Within ten (10) days after the effective date of a development agreement or any amendment thereof, the City Clerk shall have the agreement or amendment recorded with the County Recorder. Additionally, the City Clerk shall be the official custodian of the agreement file. Said file shall include an executed copy of the agreement and the originals of all exhibits, reports of periodic review, amendments, and/or cancellations to the agreement.

F. Amendment or Cancellation.

1. Either party may propose an amendment to or cancellation in whole or in part of any development agreement. Any amendment or cancellation shall be by mutual consent of the parties. The procedure for proposing and adopting an amendment to, or the canceling in whole or in part of, the development agreement shall be the same procedure for entering into an agreement as set forth in this section.

2. Any amendment to the development agreement which does not relate to the duration of the agreement, permitted uses of the property, density or intensity of use, height or size of proposed buildings, provisions for reservation or dedication of land, or to any conditions, terms, restrictions and requirements relating to subsequent discretionary actions related to design, improvement, construction standards or any other condition or covenant relating to the property, shall not require a noticed public hearing before the parties may execute an amendment to the agreement.

G. Periodic Review. The Development Services Director shall review the development agreement every twelve (12) months from the date the agreement is entered into and provide a written report to the City Council. The burden of proof is on the applicant to provide necessary information verifying compliance with the terms of the agreement. The applicant shall also bear the cost of such review in accordance with the fee established by City Council resolution. If the Development Services Director finds that any aspect of the development project is not in strict compliance with the terms of the agreement or may warrant consideration by the approving authority(s), the Development Services Director may schedule the matter before the appropriate approving authority(s) for review. [Ord. 24-2015 §11 (Exh. I), eff. 2-12-2016; Ord. 26-2006 §3, eff. 8-11-2006]