Chapter 17.26
MISCELLANEOUS ADMINISTRATIVE APPROVALS

17.26.010 General Provisions

A.    Purpose

This Chapter specifies the procedures for review of a variety of minor development applications and approvals. These applications include Subdivision Development Plans, Zoning Clearances, Minor Modifications to Approved Plans, Temporary Dependent Housing, Home Occupation Permits, Exotic Animal Permits, Additional Animal Permits and Large Family Day Care Permits.

B.    Review authority

The reviewing authority for the applications described in this Chapter shall be the Planning Director, or his or her designee, except as otherwise authorized by PMC 17.20.080. As provided in this Division, the reviewing authority is authorized to approve, impose reasonable conditions upon such approval, or deny such applications under the Administrative Review procedures as deemed necessary to protect the public health, safety and welfare.

17.26.020 Subdivision Development Plan Review

A.    Purpose

The Subdivision Development Plan (SDP) process provides for the review of building plans associated with residential subdivisions. The SDP Review process involves the review and approval of plot plans, unit mixes, elevations, street tree plans, and other applicable development plans to ensure that the conditions of approval applied to the subdivision map are being met, and that the unit mix and lotting concept promotes a functional, high quality living environment for current and future residents.

B.    Application procedure

1.    A Subdivision Development Plan Review application shall be submitted and approved prior to the issuance of building permits for any single family detached residence located within a tract.

2.    An application shall be made on a form provided for that purpose by the Planning Department, and submitted along with the required fee as established by City Council resolution.

3.    The Planning Director may require additional information and modification of any plans deemed necessary to ensure compliance with applicable ordinances and conditions of approval, prior to taking any action on a Subdivision Development Plan application.

C.    Review criteria

Any application for a Subdivision Development Plan Review shall be evaluated using the following criteria:

1.    The plan shall be consistent with the policies and maps of the General Plan.

2.    It can be determined that the plan, through its unit design and lotting, creates a functional, efficient and aesthetically beneficial living environment for its future residents.

3.    The plan complies with all applicable terms of City ordinances and codes.

4.    There are no violations of the Municipal Code existing on the subject property.

5.    The Plan is consistent with and complies with the requirements and conditions of the tentative map and any other related entitlements.

D.    Time period for approval

Subdivision Development Plans shall remain valid until such time as new or modified plans are submitted or for as long as the underlying tract map is in effect.

17.26.030 Zoning Clearance Review

A.    Purpose

The Zoning Clearance procedure is intended to ensure that a proposed use of land and/or existing building(s), or the minor alterations of land and building(s) within the City, meet the requirements of the Zoning Ordinance and, if applicable, the conditions of approval for a previously approved permit.

B.    General provisions

1.    A Zoning Clearance shall be obtained prior to the initiation of a use of land and/or the construction of structures requiring a building permit when no discretionary review process is otherwise applicable to the proposed initiation of use or construction. Projects requiring a Zoning Clearance include, but are not limited to establishment of a new use within an existing building in conjunction with obtaining a Business License; individual custom homes on lots of record; and minor additions to residential structures or lots, including patio covers, pools/spas and detached accessory structures.

2.    In no case shall a Zoning Clearance be issued for a use other than a use permitted within that zone district.

C.    Application procedure

1.    A request for a Zoning Clearance shall be submitted on a form provided for that purpose by the Planning Department, along with the required fee as established by the City Council.

2.    The Planning Director may require additional information including but not limited to, parking summaries and a written description of use(s) prior to taking any action on a Zoning Clearance.

3.    A Zoning Clearance shall be filed by the owner of the subject property or his or her authorized agent.

D.    Review criteria

A Zoning Clearance shall be approved provided that the proposed use of land or structures:

1.    Is permissible under the present zoning on the land and does not require additional land use entitlements such as a Conditional Use Permit or Site Plan Review;

2.    Is consistent with the policies and maps of the General Plan;

3.    Complies with all applicable terms and conditions of any existing entitlement;

4.    Meets all applicable Zoning Ordinance requirements including, but not limited to, minimum structure design, construction standards and setbacks, or has been deemed to be legally non-conforming with respect to these standards; and

5.    There are no violations of the Municipal Code existing on the subject property.

E.    Modification of revocation by the Planning Director (Zoning Ordinance Amendment 97-2 adopted by City Council June 11, 1997.)

1.    If the Planning Director determines that the use approved under the Zoning Clearance is not in compliance with the requirements of this Section, the Planning Director shall notify the owner of the subject property or his or her authorized agent of the date for a hearing on the use’s compliance with this Section. Such notice shall be sent by certified mail and shall state that the Planning Director will be reviewing the Zoning Clearance for possible modification or revocation. It shall also state the date, time and place of the hearing. The hearing shall be conducted and notice given in accordance with PMC 17.20.020.

2.    The Planning Director shall fully investigate the evidence and prepare a report regarding the reported violation of the Zoning Clearance requirements. A copy of the report shall be sent to the property owner or his or her authorized agent. Upon conclusion of the hearing, the Planning Director shall make one of the following determinations and take such accompanying action:

a.    Find that the use is being conducted in an appropriate manner and that no action to modify or revoke the Zoning Clearance is necessary; or,

b.    Find that the use is not being conducted in an appropriate manner and impose modifications to conditions as are necessary; or,

c.    Find that the use is not being conducted in an appropriate manner and that the measures are not available to mitigate the impacts of the use. Upon making this determination, the Planning Director may revoke the Zoning Clearance approval and order the property owner or his or her authorized agent to cease and desist in the time specified by the Director.

F.    Effective period of Zoning Clearance approval

A Zoning Clearance verifies that a specified use or structure is consistent with the Zoning Ordinance and applicable City ordinances and policies on the date of its issuance. Any change to the use or structure, or any change to the applicable Ordinance provisions, may invalidate the Zoning Clearance.

17.26.040 Minor Modifications to Approved Plans

A.    Purpose

The Minor Modification process provides a means of reviewing requests for proposed changes to approved development plans which, as determined by the Planning Director based upon the criteria specified in subsection D of this Section, are minor in nature and which are in substantial conformance with previously approved entitlements or conditions of approval.

B.    Application procedure

1.    An application for a Minor Modification meeting the criteria specified in subsection C of this Section shall be filed prior to the commencement of any construction related to the modification.

2.    A Minor Modification shall be filed by the owner of the subject property or his or her authorized agent.

3.    A request for a Minor Modification shall be submitted on a form provided for that purpose by the Planning Department, along with the required fee established by the City Council.

4.    The Planning Director may require additional information and/or refer the application to pertinent departments/agencies as deemed necessary prior to taking any action on a Minor Modification.

C.    Applicability

The Minor Modification procedure may be utilized for the following types of revisions to previously approved development projects:

1.    To allow minor reconfiguration of an architectural feature that does not modify the previously approved theme or plan for the project;

2.    To allow minor changes to approved building footprint(s) within the buildable area of a project site;

3.    To allow the replacement of one model floor plan or elevation for another on a previously approved Subdivision Development Plan;

4.    To allow the replotting of no more than twenty-five (25) percent of lots within any tract or phase tract provided that the number of lots replotted does not exceed fifteen (15);

5.    To allow minor reconfiguration or striping of parking lots which will not decrease the number of parking spaces for an approved project;

6.    To allow minor changes in building materials and colors for an approved project;

7.    To allow the addition of minor accessory structures to an approved project, provided that such structure(s) will not increase the total building area by more than five (5) percent;

8.    To allow the fulfillment of a condition of approval in a manner which may vary from that specified in the original condition, provided that the intent and purpose of such original condition is fully met; or

9.    Other requests similar to the above minor modifications, as determined by the Planning Director.

D.    Review criteria

A Minor Modification may be approved provided that the proposed modification:

1.    Is listed under subsection C of this Section and does not require additional land use entitlements such as a Conditional Use Permit or Site Plan Review;

2.    Is consistent with the policies and maps of the General Plan;

3.    Complies with the purpose and intent of all applicable terms and conditions of the existing entitlement;

4.    The proposed structure or addition meets all applicable Zoning Ordinance requirements including, but not limited to, minimum structure design, construction standards and setbacks; and

5.    There are no violations of the Municipal Code existing on the subject property.

17.26.050 Reserved

17.26.060 Home Occupation Permit

A.    Purpose

The purpose of the Home Occupation Permit provisions is to permit the establishment and operation of businesses within the home, in such a way as to minimize any impacts of such businesses on adjacent properties or the general neighborhood. Home occupations are limited to those uses which may be conducted within a residential dwelling, without in any way changing the appearance or condition of the residence or the surrounding neighborhood.

B.    No home occupation may occur and no permit for a home occupation shall be issued unless the procedures and criteria specified in this Section are satisfied.

C.    Application procedure

1.    Application for a Home Occupation Permit shall be filed with the Planning Department, along with a fee as established by resolution of the City Council.

2.    The reviewing authority shall review the request for a home occupation permit to ensure compliance with the criteria for operations established in this Section. In rendering a decision, the reviewing authority shall clearly state, in writing, any conditions of approval or reasons for denial.

D.    Mandatory conditions for operation

Home occupations may be permitted on property used for residential purposes, provided that the use is operated pursuant to the following conditions of operation:

1.    The home occupation shall be incidental and secondary to the use of the dwelling for residential purposes.

2.    There shall be no customers, clients, nor visitors coming to the residence for purposes of the home occupation except for the purpose of individual instruction such as academic tutoring or music lessons. (Zoning Ordinance Amendment 95-3 adopted by City Council October 11, 1995.)

3.    No signs relating to the home occupation shall be allowed.

4.    Advertising shall not include the residential address.

5.    No one other than a resident of the dwelling shall be employed on the premises in the conduct of a home occupation.

6.    Home Occupation Permits are valid only for the person(s) and residence approved by the City and are nontransferable.

7.    No dwelling shall be built, altered, furnished or decorated for the purpose of conducting the home occupation in such a manner as to change the residential character and appearance of the dwelling, or in such a manner as to cause the structure to be recognized as a place where a home occupation is conducted.

8.    There shall be no entrance or exit specifically provided or marked on the dwelling or on the premises for the conduct of the home occupation.

9.    A home occupation shall be conducted entirely within the dwelling unit and the activities of such home occupation shall not be visible, or otherwise noticeable, outside the dwelling unit structure.

10.    There shall be no home occupation activities that are objectionable due to glare, dust, fumes, odor, vibration, noise or that disturb the peace.

11.    No equipment or process shall be used which creates visual or audible electrical or mechanical interference in any radio or television receiver or other device outside the dwelling unit structure, or causes fluctuations in the line voltage outside the dwelling unit structure.

12.    The home occupation shall not require any upgraded utility service capacity beyond that which is customary for residential service. Separate utility meters which serve only the home occupation shall not be permitted. (Zoning Ordinance Amendment 95-3 adopted by City Council October 11, 1995.)

13.    A garage may be used for home occupation purposes; provided, however, that such use shall not interfere with the maintenance of two parking spaces. No portion of an accessory structure, carport or similar structure, except a garage, shall be used for home occupation purposes.

14.    No mechanical or construction equipment which is not typically found in residential districts shall be stored on the premises. Warehousing of goods, wares or merchandise shall be prohibited. (Zoning Ordinance Amendment 95-3 adopted by City Council October 11, 1995.)

15.    No vehicles or trailers except those normally incidental to a residential use shall be parked so as to be visible from the public right-of-way.

16.    The home occupation shall not cause, involve or result in the use of commercial vehicles for deliveries to or from the premises, excluding a vehicle not to exceed 3/4 ton capacity which shall be registered to the operator of such home occupation.

17.    Use of the United States Postal Service in conjunction with appropriate uses as determined by the Director of Planning, such as mail order businesses, shall be done by means of a post office box.

18.    No deliveries may originate from or be made to the premises except during the hours of 9:00 a.m. to 5:00 p.m.

19.    The home occupation shall not generate vehicular traffic and/or vehicular parking which degrades or is otherwise detrimental to the residential nature of the neighborhood.

20.    If the home occupation is to be conducted in a rental unit, a written statement from the property owner giving his or her permission for operation of the home occupation shall be provided to the City.

21.    The home occupation shall not affect nor reduce the parking spaces required by the Zoning Ordinance.

22.    Home occupations shall not involve the use and/or on-site storage of chemicals, flammable materials, or other hazardous materials except as may be permitted by the Uniform Fire Code.

23.    The operator of a home occupation shall obtain and maintain a current business license from the City.

24.    No home occupation shall include the sale or storage of fire arms, ordnance, ammunition or other weapons which are regulated by the Bureau of Alcohol, Tobacco and Firearms, at the site of the home occupation. (Zoning Ordinance Amendment 97-2, adopted by City Council June 11, 1997.)

E.    Additional conditions for mobile businesses

Home Occupation Permits for mobile businesses may be permitted, provided that the mobile business is operated pursuant to the Mandatory Conditions of Operation described in subsection D of this Section, in addition to the following conditions which specifically apply to mobile businesses:

1.    The service provided by the mobile business must be in compliance with the zone in which the work is performed.

2.    The mobile business must comply with all applicable requirements of any agency with regulatory or permitting authority over the conduct of that business.

3.    Any automotive-related services shall be limited to cleaning, detailing, and minor replacement or repair to glass and/or accessory parts; no mobile business operating under a Home Occupation Permit shall be permitted to conduct auto repair, auto body or engine work.

4.    No work shall be conducted in a publicly accessible parking lot; however, work may be conducted in parking lots which are restricted to employees only.

5.    No work shall be conducted on city-owned property, including parks, park and ride lots, parking lots, or public rights-of-way.

F.    Review by Planning Director

The Planning Director may periodically review any home occupation permit to ensure that it is being operated in a manner consistent with the conditions of operation and in a manner which is not detrimental to the public health, safety, or welfare, or materially injurious to properties in the vicinity. If, after review, the Planning Director deems that there is sufficient evidence to warrant a full examination, then a public hearing date shall be set.

G.    Modification or revocation by the Planning Director

1.    If the Planning Director determines that the Home Occupation is not being conducted in compliance with the requirements of this Section, the Planning Director shall notify the operator of the Home Occupation of the date for a public hearing on the operator’s compliance with this Section. Such notice shall be sent by certified mail and shall state that the Planning Director will be reviewing the Home Occupation Permit for possible modification or revocation. It shall also state the date, time and place of the hearing. The public hearing shall be conducted and notice given in accordance with PMC 17.20.020. (Zoning Ordinance Amendment 97-2, adopted by City Council June 11, 1997.)

2.    The Planning Director shall fully investigate the evidence and prepare a report regarding the reported violation of the Home Occupancy requirements. A copy of the report shall be sent to the operator of the Home Occupation. Upon conclusion of the public hearing, the Planning Director shall make one of the following determinations and take such accompanying action: (Zoning Ordinance Amendment 97-2, adopted by City Council June 11, 1997.)

a.    Find that the Home Occupation Permit is being conducted in an appropriate manner and that no action to modify or revoke the permit is necessary; or

b.    Find that the Home Occupation Permit is not being conducted in an appropriate manner and impose modifications to conditions as are necessary; or,

c.    Find that the Home Occupation Permit is not being conducted in an appropriate manner and that measures are not available to mitigate the impacts of the business. Upon making this determination, the Planning Director may revoke the Home Occupation Permit and order the operation to cease and desist in the time specified by the Director.

H.    Lapse of approval

1.    A home occupation permit, approved under the provisions of this Section, shall become null and void upon expiration of a business license issued in conjunction with the home occupation permit and will require the filing of a new application, including applicable fees, with the City.

2.    Where a home occupation permit has been nullified pursuant to subsection G of this Section, a new application for the same or substantially the same occupation may be filed immediately.

I.    New application following denial

Following the denial or revocation of a home occupation permit, no application for a home occupation permit for the same or substantially the same occupation on the same site shall be filed within one (1) year from the date of denial or revocation.

17.26.070 Exotic Animal Permit

A.    Purpose

The purpose of these provisions is to ensure that the keeping of exotic animals as defined in PMC 17.16.050, will not be detrimental to the public health, safety and welfare; that adjacent property owners and residents are notified of the proposed keeping of exotic animals; and that such animals are provided with adequate facilities to ensure their health and well-being.

B.    General provisions

1.    An Exotic Animal Permit shall be required to keep any exotic animal as an accessory use to a primary single family detached residential use, as permitted in the zone district. Keeping of exotic animals in multiple family or attached dwelling units is not permitted.

2.    Any required State permits for the keeping of a wild or exotic animal shall be obtained prior to granting of an Exotic Animal Permit.

C.    Application procedure

1.    An application to keep an exotic animal shall be filed with the Planning Department, along with a fee as established by the City Council.

2.    The review procedure shall be Administrative Review, pursuant to PMC 17.20.010(A)(3).

D.    Requirements for keeping exotic animals

The approval to keep exotic animals shall be based upon the applicant’s adherence to the following requirements:

1.    The keeping of the animal must comply with all Zoning Ordinance requirements for animal enclosures, including setbacks from property lines and other dwellings;

2.    The keeping of the animal must comply with all applicable Federal and State requirements;

3.    No more than two (2) exotic animals over the age of six (6) months may be kept as an accessory use to a single-family residence, unless a Conditional Use Permit for a menagerie or zoo has been approved.

4.    Each exotic animal must have sufficient area to be maintained and exercised in a normal healthy manner, as determined by a City-approved veterinarian.

5.    Any noise, odor or activity associated with the exotic animal(s) shall be contained within the site.

6.    Any other conditions as deemed reasonably appropriate by the Planning Director.

E.    Determination by the approval authority

In evaluating an application for an exotic animal permit, the Planning Director shall determine that the request satisfies the requirements contained in subsection D of this Section and, if granted, is consistent with the General Plan and all applicable codes and ordinances. Prior to rendering a decision, the Planning Director shall provide written notice to contiguous property owners of the request to keep one or more exotic animals. Such notice shall contain a description and location of the requested type and number of animals and the anticipated decision date, and shall allow ten (10) days to submit comments to the City. Upon receipt of response(s) from contiguous owner(s) or the passage of ten (10) days, whichever occurs first, the Director may render a decision.

F.    Modification or revocation by the Planning Director (Zoning Ordinance Amendment 97-2, adopted by City Council June 11, 1997.)

1.    If the Planning Director determines that an approved Exotic Animal Permit is not in compliance with the requirements of this Section, the Planning Director shall notify the operator of the subject property or his or her authorized agent of the date for a public hearing on the use’s compliance with this Section. Such notice shall be sent by certified mail and shall state that the Planning Director will be reviewing the Exotic Animal Permit for possible modification or revocation. It shall also state the date, time and place of the hearing. The public hearing shall be conducted and notice given in accordance with PMC 17.20.020.

2.    The Planning Director shall fully investigate the evidence and prepare a report regarding the reported violation of the Exotic Animal Permit requirements. A copy of the report shall be sent to the property owner or his or her authorized agent. Upon conclusion of the hearing, the Planning Director shall make one of the following determinations and take such accompanying action:

a.    Find that the keeping of exotic animals is being conducted in an appropriate manner in compliance with this Section and that no action to modify or revoke the permit is necessary; or,

b.    Find that the keeping of exotic animals is not being conducted in an appropriate manner and impose modifications to conditions as are necessary; or,

c.    Find that the keeping of exotic animals is not being conducted in an appropriate manner and that the measures are not available to mitigate the impacts of the use. Upon making this determination, the Planning Director may revoke the Exotic Animal Permit approval and order the property owner or his or her authorized agent to cease and desist in the time specified by the Director.

17.26.080 Additional Animals Permit

A.    Purpose

The purpose of these provisions is to allow keeping of additional animals over those permitted by the underlying zone standards, and to ensure that the keeping of such animals will not be detrimental to the public health, safety and welfare; that adjacent property owners and residents are notified of the proposed keeping of additional animals; and that such animals are provided with adequate facilities to ensure their health and well-being.

B.    General provisions

An additional animals permit shall be required to keep animals that are permitted as an accessory use in the underlying zone, where the number of such animals exceeds the number permitted in the zone. (Zoning Ordinance Amendment 17-002, adopted by City Council February 6, 2018.)

C.    Application procedure

1.    An application to keep additional animal(s) shall be filed with the Planning Department, along with a fee as established by the City Council.

2.    The review procedure shall be Administrative Review, pursuant to PMC 17.20.010(A)(3).

D.    Requirements for keeping additional animals

The approval to keep additional animals shall be based upon the applicant’s adherence to the following requirements:

1.    The keeping of the animal(s) must comply with all Zoning Ordinance requirements for animal enclosures, including setbacks from property lines and other dwellings.

2.    The keeping of the animal(s) must comply with all applicable Federal and State requirements.

3.    The keeping of additional animals within any residential zone shall be prohibited. Within the agricultural zone, an additional animal permit shall allow up to two (2) additional dogs, for a total of six (6), and one (1) additional cat, for a total of six (6). (Zoning Ordinance Amendment 17-002, adopted by City Council February 6, 2018.)

4.    Each animal must have sufficient area to be maintained and exercised in a normal healthy manner, as determined by a City-approved veterinarian.

5.    Any odor or activity associated with the animal(s) shall be contained within the site. (Zoning Ordinance Amendment 17-002, adopted by City Council February 6, 2018.)

6.    The keeping of animals must conform with the provisions of the City’s General Plan and noise ordinance (Chapter 9.18 PMC). (Zoning Ordinance Amendment 17-002, adopted by City Council February 6, 2018.)

7.    Any other conditions as deemed reasonably appropriate by the Planning Director.

E.    Determination by the approval authority

In evaluating an application for an Additional Animal(s) Permit, the Planning Director shall determine that the request satisfies the requirements contained in subsection D of this Section and, if granted, is consistent with the General Plan and all applicable codes and ordinances. Prior to rendering a decision, the Planning Director shall provide written notice to contiguous property owners of the request to keep additional animals. Such notice shall contain a description and location of the requested type and number of animals and the anticipated decision date, and shall allow ten (10) days to submit comments to the City. Upon receipt of response(s) from contiguous owner(s) or the passage of ten (10) days, whichever occurs first, the Director may render a decision. (Zoning Ordinance Amendment 95-1 adopted by City Council June 14, 1995.)

F.    Modification or revocation by the Planning Director (Zoning Ordinance Amendment 97-2, adopted by City Council June 11, 1997.)

1.    If the Planning Director determines that an approved Additional Animal Permit is not in compliance with the requirements of this Section, the Planning Director shall notify the operator of the subject property or his or her authorized agent of the date for a public hearing on the use’s compliance with this Section. Such notice shall be sent by certified mail and shall state that the Planning Director will be reviewing the Additional Animal Permit for possible modification or revocation. It shall also state the date, time and place of the hearing. The public hearing shall be conducted and notice given in accordance with PMC 17.20.020.

2.    The Planning Director shall fully investigate the evidence and prepare a report regarding the reported violation of the Additional Animal Permit requirements. A copy of the report shall be sent to the property owner or his or her authorized agent. Upon conclusion of the hearing, the Planning Director shall make one of the following determinations and take such accompanying action:

a.    Find that the keeping of additional animals is being conducted in an appropriate manner in compliance with this Section and that no action to modify or revoke the permit is necessary; or,

b.    Find that the keeping of additional animals is not being conducted in an appropriate manner and impose modifications to conditions as are necessary; or,

c.    Find that the keeping of additional animals is not being conducted in an appropriate manner and that the measures are not available to mitigate the impacts of the use. Upon making this determination, the Planning Director may revoke the Additional Animal Permit approval and order the property owner or his or her authorized agent to cease and desist in the time specified by the Director.

17.26.090 Large Family Day Care Permit

A.    Purpose

The purpose of these provisions is to allow establishment of Large Family Day Care facilities within residential neighborhoods, in order to provide for quality care of the community’s children in a home-like setting while ensuring that the surrounding neighborhood is not adversely impacted by the operation.

B.    General provisions

A Large Family Day Care Permit shall be required to establish a day care use in a single family residence where family day care is provided for seven (7) to twelve (12) children under the age of eighteen (18), plus up to two (2) additional school age children as permitted by the State Department of Social Services and Government Code Section 1597.41. (Zoning Ordinance Amendment 97-2, adopted by City Council June 11, 1997 and Zoning Ordinance Amendment 98-1, adopted by City Council March 10, 1999.)

C.    Application procedure

1.    An application to establish a Large Family Day Care facility shall be filed with the Planning Department, along with a fee as established by the City Council.

2.    The review procedure shall be Administrative Review, pursuant to PMC 17.20.010(A)(3).

D.    Requirements for establishment and operation of a Large Family Day Care facility

The approval to establish and operate a Large Family Day Care facility shall be based upon the applicant’s adherence to the following requirements:

1.    The operator of the facility must reside in the dwelling unit in which the facility is operated.

2.    The facility may only be operated within a detached single family dwelling unit having sufficient indoor and outdoor area to meet state and county requirements, including a fenced play area.

3.    The operator must obtain and comply with all applicable approvals of other agencies, including state licensing and building, fire and health codes.

4.    No day care facility shall be located along any dead end street or cul-de-sac on which a day care facility is currently operating. The boundary of a parcel or lot containing a day care center in any structure shall be separated from the boundary of any other parcel or lot containing a day care center by not less than three hundred (300) feet.

5.    No more than fourteen (14) children may be supervised at the day care facility at any given time, including children who reside at the home. (Zoning Ordinance Amendment 97-2, adopted by City Council June 11, 1997.)

6.    No signs advertising the day care service shall be allowed, either on or off of the premises.

7.    Large Family Day Care permits are valid only for the person(s) and residence approved by the City and are nontransferable.

8.    No dwelling shall be built, altered, furnished or decorated for the purpose of conducting the day care use in such a manner as to change the residential character and appearance of the dwelling.

9.    There shall be no entrance or exit specifically marked on the dwelling or on the premises for the conduct of the day care use.

10.    Adequate area shall be available for a drop-off and pick-up zone for parents, so as to avoid any adverse traffic or parking impacts to the residential neighborhood.

11.    Any employees coming to the residence to assist in the day care operation shall be provided with an on-site parking space.

12.    If the day care use is to be conducted in a rental unit, a written statement from the property owner giving his or her permission for operation of the use on the premises shall be provided to the City.

13.    Outdoor play areas along common property lines with residential uses shall be screened with not less than a six (6) foot high sight-obscuring fence, wall or hedge.

14.    The site must be landscaped in a manner compatible with adjacent residences.

15.    Lot size, building size, setbacks and lot coverage shall conform to those applicable to the zone district.

E.    Determination by the approval authority

In evaluating an application for a Large Family Day Care permit, the Planning Director shall determine that the request satisfies the requirements contained in subsection D of this Section and, if granted, is consistent with the General Plan and all applicable codes and ordinances. Prior to rendering a decision, the Planning Director shall provide written notice to owners of property located within one hundred (100) feet of the parcel which is the subject of the request to establish a Large Family Day Care facility. Such notices shall contain a description and location of the request and the anticipated decision date, and shall allow ten (10) days to submit comments to the City. Upon receipt of response(s) from contiguous owner(s) or the passage of ten (10) day, whichever occurs first, the Director may render a decision.

17.26.100 Requests for Reasonable Accommodation

(Zoning Ordinance Amendment 04-02, adopted by City Council July 12, 2004.)

A.    Purpose

The purpose of these provisions is to establish a formal procedure for persons with disabilities seeking equal access to housing to request reasonable accommodation in the application of the City’s zoning laws and to establish relevant criteria to be used when considering such requests.

B.    General Provisions

A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of a zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This Section is intended to apply to those persons who are defined as disabled under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts).

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. Requests for reasonable accommodation shall be made in the manner prescribed by subsection (C) of this Section.

C.    Application procedure

1.    Requests for reasonable accommodation shall be submitted on an application form provided by the Planning Department, or in the form of a letter, to the Director of Planning and shall contain the following information:

a.    The applicant’s name, address and telephone number.

b.    Address of the property for which the request is being made.

c.    The current actual use of the property.

d.    The basis for the claim that the individual is considered disabled under the Acts.

e.    The zoning code provision, regulation or policy from which reasonable accommodation is being requested.

f.    Why the reasonable accommodation is necessary to make the specific property accessible to the individual.

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 (including but not limited to, conditional use permit, site plan review, general plan amendment, zone change, annexation, etc.) then the applicant shall file the information required by subsection (C)(1) of this Section together for concurrent review with the application for discretionary approval.

3.    Review procedure

The review procedure shall be Administrative Review. Generally, applications for reasonable accommodations shall be submitted to the Planning Department pursuant to PMC 17.20.010(A)(3).

D.    Grounds for accommodation

In making a determination regarding the reasonableness of a requested accommodation, the following factors shall be considered:

1.    Special need created by the disability;

2.    Potential benefit that can be accomplished by the requested modification;

3.    Potential impact on surrounding uses;

4.    Physical attributes of the property and structures;

5.    Alternative accommodations which may provide an equivalent level of benefit;

6.    In the case of a determination involving a single-family dwelling, whether the structure would be considered a single housing unit if it were not using special services that are required because of the disability of the residents;

7.    Whether the requested accommodation would impose an undue administrative burden on the City; and

8.    Whether the requested accommodation would require a fundamental alteration in the nature of a City program or law, including but not limited to land use and zoning.

E.    Determination by the approval authority

In evaluating an application regarding the reasonableness of a requested accommodation, the Planning Director shall determine that the request satisfies the requirements contained in subsection D of this Section and, if granted, is consistent with the General Plan and all applicable codes and ordinances. Prior to rendering a decision, the Planning Director shall provide written notice to contiguous property owners of the request for reasonable accommodation. Such notice shall contain a description and location of the request and the anticipated decision date, and shall allow ten (10) days to submit comments to the City. Upon receipt of response(s) from contiguous owner(s) or the passage of ten (10) days, whichever occurs first, the Director may render a decision.

17.26.110 Amateur Radio Antenna Permit

(Zoning Ordinance Amendment 11-2, adopted by City Council on September 9, 2011)

A.    Purpose

The purpose of these provisions is to allow establishment of Amateur Radio Antennas within residential neighborhoods, in order to provide for radio communication while ensuring that the surrounding neighborhood is not adversely impacted by the antenna/antenna structure.

A basic community objective, as contained the City’s General Plan Land Use and Community Design Elements, is to encourage desirable urban character and appearance. The City finds that regulation of the size, location and height of antennas is necessary to accomplish this objective.

The City further finds that regulation of the size, location, and height of antennas is necessary for the preservation of the health, safety and welfare of the community. More stringent regulation of antennas is necessary in residential areas compared to nonresidential areas in order to preserve neighborhood compatibility and the open vistas and appearance of the community.

The regulations adopted herein are the minimum practicable regulations necessary to accomplish the City’s legitimate purpose of protecting all of its citizens and their rights as described herein.

The purposes of this Section are:

1.    To establish an application process and standards for installation of antennas while preserving the attractive appearance of the community;

2.    To promote the public health, safety and welfare by ensuring that amateur radio antennas are designed, installed and located in a way that avoids hazards to public health and safety, minimizes adverse aesthetic effects, and is compatible with the surrounding neighborhood by preventing adverse visual, health, safety, and other impacts on the surrounding properties and/or the community; and

3.    To accommodate reasonably the needs of licensed amateur radio operators.

It is the intent of the City in adopting this Division to recognize the Federal Communications Commission’s limited preemption of local regulations governing amateur radio station facilities and to adopt the minimum practicable regulations to accomplish the City’s legitimate purposes.

B.    General Provisions

An Amateur Radio Antenna Permit shall be required in order to construct and operate an amateur radio antenna as described in Zoning Ordinance PMC 17.95.030(E). Any amateur radio antenna for which an Amateur Radio Antenna Permit is issued shall also comply with all design and operational standards set forth in PMC 17.95.030.

C.    Application Procedure

An application to establish an Amateur Radio Antenna shall be filed with the Planning Department, along with a fee as established by the City Council. The review procedure shall be Administrative Review, pursuant to PMC 17.20.010(A)(3), and all requirements for notice, time limits, modifications and appeal procedures shall be those requirements contained in Chapter 17.20 PMC, or as specifically modified in this Section or PMC 17.95.030.

D.    Application Requirements

Application for a Amateur Radio Antenna Permit shall be on the forms provided by the Planning Department and in addition to the information required on this form, any additional information as requested by the Director of Planning, including but not limited to the following:

1.    The name, address and call letters of the amateur radio operator;

2.    Manufacturer’s specifications of the antenna structure (if available);

3.    Visual representation to scale of the antenna structure and array, either through manufacturer’s specifications, or through the preparation of project-specific elevations drawn to scale and dimensioned so as to fully describe the proposed project.

E.    Requirements for establishment and operation of an Amateur Radio Antenna.

1.    A fixed height antenna/antenna structure that is installed, placed, or maintained at a height that does not exceed 45 feet in height and may include a horizontal antenna that does not exceed a 35-foot turning radius.

2.    A retractable antenna/antenna structure that meets all of the following characteristics:

a.    The antenna/antenna structure shall not exceed a maximum height of 45 feet when measured in the nested position;

b.    The antenna/antenna structure does not exceed 75 feet in height when in operation;

c.    The horizontal antenna does not exceed a 35-foot turning radius and shall not extend into any required setback;

3.    All antennas approved under an Amateur Radio Antenna Permit shall be located within the rear yard and shall be colored to minimize its reflectivity and blend with its surroundings as much as possible.

F.    Determination by the approval authority.

In evaluating an application for an amateur radio antenna permit, the Director of Planning shall determine that the request satisfies the requirements contained in PMC 17.95.030 and, if granted, is consistent with the General Plan and all applicable codes and ordinances. Prior to rendering a decision, the Director of Planning shall provide written notice to owners of property located within one hundred (100) feet of the parcel that is the subject of the application. Such notices shall contain a description and location of the request, along with the anticipated decision date. The notice shall provide for no less than 10 days to submit comments to the City regarding the proposed application. Upon receipt of response(s) from the public or the passage of ten (10) days, whichever occurs first, the Director may render a decision.

G.    Findings for approval

The Director of Planning shall make the following findings prior to approving an Amateur Radio Antenna Permit for an antenna and/or antenna structure:

1.    That the applicant has demonstrated compliance with the development standards contained in subsection E of this Section.

2.    That the antenna, including the antenna structure, shall be located, sized and designed so as to minimize the amount of the antenna/antenna structure that is visible from surrounding properties, public streets and all public rights-of way, recognizing that complete screening may not be possible.

3.    That there is adequate space on the property for the antenna and antenna structure without conflicting with buildings on the property or encroaching into required setback areas.

4.    The antenna would not despoil the primary view of a neighbor.

5.    The antenna/antenna structure is compatible with the surrounding neighborhood with respect to, including but not limited to, scale and massing in comparison to lot size, impact on adjacent properties, and aesthetic impacts.

6.    The permit and any conditions of approval attached thereto would accommodate reasonably the amateur radio operator’s desire for communication, while at the same time requiring the minimum practicable regulation to accomplish the City’s legitimate purpose of protecting the public health, safety, welfare, aesthetics and compatibility with the neighborhood.

In granting the permit, the Director of Planning may impose conditions reasonably necessary to accomplish the purpose of this Section, provided those conditions do not unreasonably interfere with the ability of the applicant to receive or transmit signals.

H.    Modification or revocation by the Director of Planning

1.    Any permit for an amateur radio antenna shall include a condition that the permittee shall report any changes to the antenna/ antenna structure from that authorized by the permit and shall if necessary obtain a modification to the permit. A modification may be required, for example, if the antenna/antenna structure height will be increased above the height previously approved, the construction design or materials will change, or additional antennas are added to the antenna/antenna structure previously approved.

2.    If the Director of Planning determines that an approved Amateur Radio Antenna is not in compliance with the requirements of this Section or with the conditions of approval applied to the permit, the Director of Planning shall notify the owner of the subject property or his or her authorized agent of the date for a hearing on the use’s compliance with this Section and/or the permit conditions. Such notice shall state that the Director of Planning will be reviewing the permit for possible modification or revocation. It shall also state the date, time and place of the hearing. The hearing shall be conducted and notice given in accordance with PMC 17.20.020.

3.    The Director of Planning shall fully investigate the evidence and prepare a report regarding the reported violation of the permit requirements. A copy of the report shall be sent to the property owner or his or her authorized agent. Upon conclusion of the hearing, the Director of Planning shall make one of the following determinations and take such accompanying action:

a.    Find that the use is being conducted in an appropriate manner in compliance with this Section and with the conditions of approval and that no action to modify or revoke the Amateur Radio Antenna Permit is necessary; or

b.    Find that the use is not being conducted in an appropriate manner and impose modifications to conditions as are necessary; or

c.    Find that the use is not being conducted in an appropriate manner and that the measures are not available to mitigate the impacts of the use. Upon making this determination, the Director of Planning may revoke the Amateur Radio Antenna Permit approval and order the property owner or his or her authorized agent to cease and desist in the time specified by the Director.

17.26.120 Minor Site Plan Review

(Zoning Ordinance Amendment 12-002, adopted by City Council December 5, 2012.)

A.    Purpose

The Minor Site Plan Review process provides a means of reviewing requests for certain types of accessory uses and structures through an administrative review approval process; to ensure that impacts to adjacent properties are minimized; and that adjacent property owners and residents are notified of the proposed project.

B.    Application Procedure

1.    An application for a Minor Site Plan Review shall be filed with the Planning Department, along with the required fee. The application shall be submitted by the property owner or his/her authorized agent.

2.    An application for a Minor Site Plan Review shall be accompanied by all required materials and a site plan showing the subject property as well as the surrounding area. Plans of the subject property shall show all existing and proposed buildings and uses, fencing, walls, and netting, light fixtures and any other data required by the Planning Department to adequately review the application.

3.    The Planning Director may require additional information and/or refer the application to pertinent departments/agencies as deemed necessary prior to taking any action of a Minor Site Plan Review application.

C.    Determination by the Approval Authority

1.    In evaluating a request for a Minor Site Plan Review, the Planning Director shall determine that the request satisfies the required findings contained in subsection D of this Section and, if granted, is consistent with the General Plan and all applicable codes and ordinances. Prior to rendering a decision, the Planning Director shall provide written notice to all property owners within a 300-foot radius of the requested Minor Site Plan Review. Such notice shall contain a description of the type and location of the requested Minor Site Plan Review, the anticipated decision date, and shall allow ten (10) days to submit comments to the City. Upon the passage of ten (10) days, the Director may render a decision.

2.    The effective date of a land use decision shall be in accordance with PMC 17.20.090.

3.    Prior to its effective date, any decision made on a Minor Site Plan Review request by the Planning Director may be appealed to the Planning Commission, pursuant to the provisions of PMC 17.20.110.

4.    A project approved by Minor Site Plan Review shall be inaugurated within twelve (12) months from the effective date of the decision. Unless all conditions have been complied with and the use of land authorized by the land use decision has been inaugurated within 12 months, the land use decision shall become null and void. For the purposes of this Section, the term “inaugurated” shall mean that applicable grading and building permits have been issued and construction initiated and ongoing.

D.    Findings for Approval

1.    That the proposed use is consistent with the policies and maps of the General Plan, and the purposes of the zone in which the project site is located.

2.    The proposed accessory structure or use meets all applicable Zoning Ordinance requirements, including, but not limited to, setbacks and building separations, wall and fence standards and lighting standards.

3.    That the proposed structure or use or, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity.

In granting the permit, the Director of Planning may impose conditions reasonably necessary to accomplish the purpose of this Section.

E.    Modification or Revocation by the Director of Planning

1.    If the Planning Director determines that the use approved under the Minor Site Plan Review is not in compliance with the requirements of this Section, the Planning Director shall notify the owner of the subject property or his or her authorized agent of the date for a hearing on the use’s compliance with this Section. Such notice shall be sent by certified mail and shall state that the Planning Director will be reviewing the Minor Site Plan Review for possible modification or revocation. It shall also state the date, time and place of the hearing. The hearing shall be conducted and notice given in accordance with PMC 17.20.020.

2.    The Planning Director shall fully investigate the evidence and prepare a report regarding the reported violation of the Minor Site Plan Review requirements. A copy of the report shall be sent to the property owner or his or her authorized agent. Upon conclusion of the hearing, the Planning Director shall make one of the following determinations and take such accompanying action:

a.    Find that the use is being conducted in an appropriate manner and that no action to modify or revoke the Minor Site Plan Review is necessary; or,

b.    Find that the use is not being conducted in an appropriate manner and impose modifications to conditions as are necessary; or,

c.    Find that the use is not being conducted in an appropriate manner and that the measures are not available to mitigate the impacts of the use. Upon making this determination, the Planning Director may revoke the Minor Site Plan Review approval and order the property owner or his or her authorized agent to cease and desist in the time specified by the Director.