Section
20.408.010 Administrative interpretation
20.408.020 Administrative remedy
20.408.030 Conditional use permit
20.408.040 Plan review
20.408.050 Certificate of compatibility
20.408.060 Determination of public convenience or necessity
A. The purpose of this section is to provide a means for resolving uncertainty or ambiguity as to the meaning or intent of any provision of this title, including:
1. Further definition and enumeration of the uses permitted in the various zones;
2. Determination of parking space requirements for uses not specifically listed in the vehicular provisions of this title;
3. Determination of the precise location of zone boundaries, or minor adjustment thereof to conform to lot lines.
B. Except in the case of zone boundary determinations, each interpretation made under this section is generally applicable to all future situations of the same type and with similar circumstances, and is not limited or directed to specific properties or circumstances thereon.
C. Initiation. The preparation of an interpretation may be initiated by order of the City Council or the Planning Commission, by the Director, or by application pursuant to § 20.400.040. An interpretation shall not be initiated when a zoning ordinance text amendment or change of zone involving the same issue has been initiated and is still under consideration.
D. Basis for Interpretation. An interpretation shall be based upon an examination of the intent of this title considering all the relevant provisions thereof, and shall be consistent with such intent. Careful consideration shall be given to the similarities and differences among the uses permitted, development standards, and other regulations applicable to the various zones.
E. Preparation. Within forty (40) days after the initiation of an interpretation request, the Director shall prepare a written interpretation and transmit it to the City Council and Planning Commission.
F. Notice. Upon transmittal of an interpretation to the City Council and Planning Commission, public notice that such interpretation has been prepared shall be given in the same manner as for a zoning ordinance text amendment (See: § 20.416.020), or in the case of a zone boundary determination, notice shall be made in the same manner as for a change of zone (See: § 20.416.010). The notice shall explain that the interpretation may become effective without a hearing unless a written request for a hearing is received.
G. Commission hearing and action.
1. If a written request for a hearing is received from any interested party within ten (10) days after notice is made, the Planning Commission shall conduct such hearing. If no such request is made, the Commission may consider the matter without hearing, and the matter may be placed on the Commission agenda as a consent calendar item.
2. The Planning Commission may adopt, modify, or disapprove an interpretation as submitted by the Director, or may refer the matter back to the Director for further study. The Planning Commission shall act within forty (40) days after transmittal of an interpretation from the Director, except that a referral back to the Director is considered as an initiation of an other interpretation.
3. Planning Commission action on an interpretation is final unless appealed pursuant to Chapter 20.424. Failure to act shall be deemed an approval thereof.
H. If the Planning Commission action on an interpretation is appealed, the City Council shall hear and decide the matter with notice given in the same manner as the initial notice under paragraph F. of this section.
A. Purpose. Administrative remedy is hereby established to expedite and relieve the Commission and Council of minor modifications from the requirements of this title, within the limits established by this section.
B. Authority of the Community Development Director.
1. Minor modification. In the public interest, the Director, without a public hearing, may consider and approve, conditionally approve, or deny modifications from the provisions of this title, limited to the following circumstances:
a. Where dimensional problems of an existing parcel require reduction of lot area or dimensions by not more than five percent (5%) of that required by the zone provided that such reductions are requested on not more than one (1) lot within any one (1) subdivision or tract.
b. Where dimensional problems of an existing parcel require reduction of yards and/or distance between buildings by not more than ten percent (10%) of the requirements of the zone provided that such reductions are not requested for more than one (1) lot within any one (1) subdivision or tract.
c. Reduction of number of required parking spaces by not more than ten percent (10%) and/or modification of parking (dimension) standards by not more than five percent (5%).
d. Modification of wall and fence heights, not to exceed twelve (12) inches.
e. Modification of projections/encroachment into required yard areas by not more than five percent (5%) of the required yard areas in the zone, provided that such does not violate fire, housing or building codes.
f. Modification of maximum permitted lot coverage not to exceed ten percent (10%) of the maximum lot area coverage permitted in the zone.
g. Modification of maximum height regulation by not more than ten percent (10%) of the requirements of the zone.
h. Modification of the size, height, and area of signs by not more than five percent (5%).
2. Such additional matters as may be delegated to the Director by the Council, provided that the limits and scope of the Director's authority shall be set forth by the Council.
C. Procedure. The following procedure shall apply to administrative remedy applications:
1. Application for administrative remedy shall be made pursuant to § 20.400.040.
2. The Director, within thirty (30) days after filing of the application, shall either:
a. Approve the application;
b. Approve the application with conditions; or
c. Disapprove the application.
The Director shall set forth the findings upon which the decision is based.
3. A copy of the proceedings and findings of the Development Services Director shall be submitted, in writing, to the Commission as a matter of record.
4. The decision of the Director shall be final and shall become effective ten (10) days after issuance of the decision by the Director, subject to appeal pursuant to Chapter 20.424.
(Am. Ord. 1250, passed 5-21-24)
A. Intent and purpose. The minor conditional use permit and conditional use permit are intended for minor modification of standards and those land uses which require special consideration in a particular zone or in the city as a whole due to their characteristics, size of the area required for full development of such uses, potential effects of such uses on adjoining land uses and on the growth and development of the area. Uses existing on the effective date of this title which are listed as permitted subject to minor conditional use permit or conditional use permit may continue without securing such a permit; however, any extension or expansion of such use shall comply with provisions of this section.
B. Uses permitted subject to conditional use permit.
1. Uses listed in each zone requiring a minor conditional use permit or conditional use permit may be permitted in such zone subject to the provisions of this section.
2. Modification of standards.
a. The following circumstances may be permitted with an approval of a minor conditional use permit.
(1) Where dimensional problems of an existing parcel require a reduction of lot area or dimensions by more than five percent (5%) but not more than ten percent (10%) of that required by the zone provided that such reduction is requested on not more than one (1) lot within any one (1) subdivision or tract.
(2) Where dimensional problems of an existing parcel require a reduction of yards and/or distance between buildings by more than ten percent (10%) but not more than twenty percent (20%) of the requirements of the zone provided that such reductions are not requested for more than one (1) lot within any one (1) subdivision or tract.
(3) Reduction of number of required parking spaces by more than ten percent (10%) but not more than twenty percent (20%).
(4) Modification of wall and fence heights to increase more than twelve (12) inches but not to exceed twenty-four (24) inches.
(5) Modification of projections/encroachment into required yard areas by more than five percent (5%) but not to exceed ten percent (10%) of the required yard areas in the zone, provided that such does not violate fire, housing or building codes.
(6) Modification of maximum permitted lot coverage to increase by ten percent (10%) but not to exceed twenty percent (20%) of the maximum lot area coverage permitted in the zone.
(7) Modification of maximum height regulation by more than five percent (5%) but not to exceed ten percent (10%).
b. The following circumstance may be permitted with an approval of a conditional use permit.
(1) Increase in building heights above the maximum permitted building height in C-P, C-C, C-G, C-M, C-RC, M-P, M-1 and M-2 zones.
3. Other special or unusual uses for which no provision is made in this title or which provide for an unusual combination of uses not otherwise provided for nor otherwise prohibited in this title may be permitted with an approval of a conditional use permit.
C. Procedure.
1. Application. Application for a minor conditional use permit and a conditional use permit shall be made pursuant to § 20.400.040. The application shall include a site plan and elevations of the proposed development at minimum. Appropriate fees shall be paid as determined by City Council resolution.
2. Staff investigation. The Planning Division shall make an investigation of the facts bearing on the case to provide the information necessary for the action consistent with the intent of this title and the General Plan, and shall report the findings to the approval authority.
3. Approval authority.
a. Conditional use permit. The Commission, at a public hearing, has the authority to approve, conditionally approve, or disapprove a conditional use permit application.
b. Minor conditional use permit. The Director, without a public hearing, has the authority to approve, conditionally approve, or disapprove a minor conditional use permit application. The Director may refer any minor conditional use permit to the Planning Commission for review at his/her discretion.
c. The decision of the approval authority shall be final and become effective ten (10) days after the decision, subject to appeal pursuant to Chapter 20.424.
4. Public notice.
a. Conditional use permit. Notice of public hearing for conditional use permit shall be made pursuant to Chapter 20.416.
b. Minor conditional use permit. A public notice shall be made to owners of property located within three hundred (300) feet of the subject property, and such notice shall be made by first class mail. Such notice shall be given at least ten (10) calendar days before the Director's decision. In addition, a notice of decision shall be made to individuals who have requested to be notified of the Director's decision in a method requested by such individuals. Such notice shall be made within two (2) calendar days of the Director's decision.
D. Findings. The Director or the Commission, in approving a minor conditional use permit or a conditional use permit, shall find as follows:
1. That the use(s) or modification of standards applied for at the location set forth in the application is properly one(s) for which a minor conditional use permit or a conditional use permit is authorized by this title.
2. That such use(s) or modification of standards, with any conditions to be imposed, is necessary or desirable for the development of the community, in harmony with the various elements or objectives of the General Plan, and not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use(s) is to be located.
3. That the site is adequate in size and shape to accommodate the proposed development and all of the yards, setbacks, walls or fences, landscaping, and other features required to bring about conformity with other elements in the neighborhood.
4. That the proposed site relates to streets and highways which are properly designed and improved to carry the type and quantity of traffic generated or to be generated by the proposed development.
5. That with the conditions stated in the permit, the uses will not adversely affect the public health, safety, or general welfare
E. Time limit.
1. Each permit hereafter granted shall automatically expire and be of no further force or effect if not exercised within two (2) years of its effective date, unless the permit specifies a longer period; provided that the Planning Commission, subject to appeal to the Council in the same manner and time as with the permit itself, may extend any such permit for successive periods not to exceed six (6) months each, upon showing of good cause therefor, if written application for such extension is filed prior to the expiration thereof.
2. "Exercise" of a permit shall mean substantial construction work pursuant to a building permit, and shall not include preparation of plans, engineering work or grading. In case of any dispute thereon, applicant or its successor in interest may request in writing that the Planning Commission conduct a hearing of which the requesting party shall be given ten (10) days advance written notice by first class mail directed to the address of the requesting party given in such written request for hearing. The decision of the Planning Commission may be appealed to the Council pursuant to Chapter 20.424.
3. Each permit issued hereunder shall have appended thereto a copy of this paragraph F. and Chapter 20.412, and shall contain substantially the following provision: "Any permit is subject to expiration and revocation as provided in Chapter 20.412, and such provisions are specifically made a part hereof without negating the applicability of any other provision of this title or of any other ordinance."
4. Upon expiration of the period of time set forth in paragraph E.2. above, if, in the opinion of the Secretary to the Commission, any permit has been revoked or has expired, written notice thereof may be directed to the holder of the permit according to city records at its last address of record. The same shall be sent by first class mail, postage prepaid. Unless a hearing is requested by any interested person as provided for in paragraph E.2. above, with such request being received by the city within thirty (30) days of date of mailing of such letter, nonexercise of such permit shall be conclusively presumed. Any notices to be given under this paragraph E. shall be deemed given upon deposit in the United States mail, whether actually received or not.
F. Revisions to site plan approved as part of conditional use permit.
1. Minor revision to a site plan approved as part of a conditional use permit may be made after review and approval by the Director pursuant to the Plan Review Procedure, § 20.408.040. Minor revisions are hereby defined as revisions which in no way change the requirements set forth by the Commission or Council or violate the intent of any of the standards or conditions of the permit or of the zone.
2. Revisions other than minor revisions, as defined above, shall be made pursuant to the conditional use permit procedure set forth in this section.
3. All copies of the approved revised site plan shall be dated and signed by the Director and made a part of the record of the subject conditional use permit. One (1) copy of such approved revised site plan shall be mailed to the applicant.
G. An amendment to an existing conditional use permit shall be subject to a minor conditional use permit if the uses that were approved under a conditional use permit are allowed with a minor conditional use permit on the effective date of this Chapter.
H. Reapplication. No person shall reapply for a similar conditional use permit on the same land, building, or structure within a period of one (1) year from the date of the final decision on such previous application unless such decision is a denial without prejudice.
(Am. Ord. 1066, passed 4-20-04; Am. Ord. 1250, passed 5-21-24)
A. Purpose. The purpose of the plan review procedure is to enable responsible city departments to review development proposals for conformity with applicable provisions of this code and all requirements of law.
B. Procedure.
1. Application for plan review shall be submitted in accordance with § 20.400.040, together with the requisite fee therefor.
a. Application for plan review shall include submission of the following, where appropriate:
(1) Subdivision Map
(2) Landscape Plan
(3) Floor Plan
(4) Grading Plan
(5) Site Utilization Map
(6) Detailed Site Plan
(7) Building Elevations
(8) Phasing Plan
b. The items as listed above are considered a minimum. Applicants may be required to submit additional information as necessary to complete the review process.
2. The plans shall be reviewed by the Director for conformity with provisions of this title. The plans may be approved and signed by the Director which stipulate that the development as shown (with any changes noted by the Director) conforms with the development regulations of the zone.
3. For any project not requiring Planning Commission review, the Director shall provide the applicant a written decision approving, denying or conditionally approving a proposed project within thirty (30) days following submission of a complete application pursuant to Chapter 20.400. The Director's decision shall contain the appropriate findings and reasons for decision. The Director shall maintain a copy of the decision on file in the Development Services Department. The Director's decision shall be final and shall become effective ten (10) days following the date of decision subject to appeal pursuant to Chapter 20.424.
4. All development projects subject to Planning Commission review and approval, shall be placed on the Planning Commission agenda for consideration. The Planning Commission shall consider and act upon each discretionary application according to the provisions of this title. The Planning Commission's decision shall be noted on the plans and recorded in the Planning Commission minutes.
5. No building permit shall be issued until all required plans have been approved in accordance with this section and no certificate of occupancy shall be issued unless the development complies with the approved plan review application and all conditions attached thereto.
6. The decision of the Planning Commission shall be final and shall become effective ten (10) days after the adoption of a resolution of approval or denial by the Planning Commission, subject to the filing of a timely appeal pursuant to Chapter 20.424.
C. Contents of plans required. All plans required to be submitted to the Community Development Director shall indicate clearly, and with full dimensions, the information required by the application. The applicant shall provide any additional information as required by the Director to establish that the project satisfies all applicable development standards of this title.
D. Art in public places program requirements.
1. Except as otherwise provided in this title, all development projects are subject to the requirements contained in the most recently adopted or amended version of the Art in Public Places Manual.
2. All developers of commercial projects, industrial projects, including attached and detached additions to existing commercial and industrial buildings, and residential projects of five (5) dwelling units or more with a total building valuation are required to select, purchase and install permanent outdoor sculpture accessible by the general public. The required minimum art allocation shall be as established in the Art in Public Places Manual. For any custom home development, the art requirement will be based on an estimate of the homes' market value, based on lot size and existing market. If development of a project is to proceed in phases, the phasing plan shall include information reflecting compliance with the Art in Public Places requirements and shall be subject to review and approval, all as specified in the Art in Public Places Manual. Additional requirements of the city's Art in Public Places Program are set forth in the Art in Public Places Manual.
3. All property owners are responsible for maintaining the art work in clean, undamaged condition for the lifetime of the art work. The obligation to maintain the art work shall be evidenced by written instrument recorded with the County Recorder setting forth such obligation. A copy of the instrument shall be submitted to the city immediately following recordation.
(Am. Ord. 1050, passed 6-19-01; Am. Ord. 1250, passed 5-21-24)
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