18.60.020.G]
H. Interior Signs. Signs within a building five feet or more from a window. [Source: 18.60.020.H] I. Lottery Signs. Signs for the California State Lottery, approved by the Lottery Commission for display by lottery game retailers. [Source: 18.60.020.I] J. Personal Property Sales Signs. Signs not exceeding six square feet and erected on private property for no more than three consecutive days six times per calendar year. [Source:
18.60.020.L]
K. Product Sign. Signs manufactured as a standard, integral part of a mass-produced product accessory to a commercial or public or semipublic use, including a telephone booth, vending machine, automated teller machine, gasoline pump, newspaper rack, and bus shelter sign. [Source: 18.60.020.N]
L. Public Agency Sign. Signs placed by a public agency on property owned by that agency. [Source: 18.60.020.O]
M. Public Interest Sign. Signs erected by a public agency, including public information, identification, directional signs, the City’s information A-frame signs, and banner signs erected on public property under the City banner policy. [Source: 18.60.020.P] N. Public Notice. Notices posted by a utility or other public or quasi-public agent in the performance of a public duty or by any person giving due legal notice. [Source: 18.60.020.Q] O. Real Estate Sign. Temporary signs on private property in any zoning district being offered for sale, rental, or lease subject to the following requirements. [Source: 18.60.020.R]
1. Residential Uses. In residential zoning districts or residential areas of PUD, HPUD, and PPD zoning districts, one on-site real estate sign is allowed that does not exceed six square feet. [Source: 18.60.020.R]
2. Nonresidential Uses. In nonresidential zoning districts, one temporary on-site real estate sign is allowed that does not exceed 32 square feet. [Source: 18.60.020.R]
3. Any freestanding sign shall not exceed six feet in height. The sign shall be removed within seven working days following the sale (close of escrow), lease, or rental of the property. [Source: 18.60.020.R]
4. During the construction of and initial opening of a multi-family residential development or single-family residential subdivisions with three or more homes, up to 24 square feet of sign area for temporary on-site real estate signs is allowed. [Source: 18.60.020.R.2]
10.2.g
Packet Pg. 762
Chapter 18.80 Signs
64 5. Up to four off-site open house signs are allowed to be placed as necessary at street intersections leading to the open house, plus one on-site real estate company open house sign, provided the following requirements are met. [Source: 18.60.020.R.3] a. Each sign shall not exceed four square feet in area and three feet in height b. Sign shall only be displayed on the weekends or for the Contra Costa Association of Realtors-sponsored broker’s open house. [Source:
18.60.020.R.3]
c. Only one sign is allowed per intersection regardless of the number of open houses in the direction indicated by the sign. [Source: 18.60.020.R.3] d. No temporary off-site directional real estate sign shall be located on a wall or fence in the public right-of-way, on a utility pole, or on a public street, median strip, traffic island, public landscaped area, sidewalk or private property without permission of the owner. [Source: 18.60.020.R.3]
P. Recycling Facility Sign. Signs on a machine in a recycling facility not over four square feet in area, identifying the type of material to be deposited, operating instructions, and the name and phone number of the operator. [Source: 18.60.020.S]
Q. Service Station Sign. Gasoline service station fuel pump identification and/or price signs located on the pump top or pump face and not exceeding two square feet in area. [Source:
18.60.020.T]
R. State Inspection Sign. One official State inspection sign constructed of a permanent material for each type of inspection service offered on site, located flat against the wall of a building and not exceeding four square feet in area. [Source: 18.60.020.V] S. Temporary Noncommercial Signs. Signs that comply with Section 18.80.090 (Temporary Freestanding Sign Standards). [Source: 18.60.020.W]
T. Vehicle or Trailer Sign. An identification signs painted on or affixed to a vehicle or trailer only when all of the following apply: [Source: 18.60.020.X]
1. The vehicle or trailer is legally parked within a single, delineated parking space; and [Source: 18.60.020.X.1]
2. The sign is incidental to the primary use of the vehicle or trailer. The following criteria may be used in determining whether the sign is indeed incidental to the primary use of the vehicle or trailer: [Source: 18.60.020.X.2]
a. The sign is painted upon or applied in a permanent manner directly to an integral part of the vehicle or trailer or merely temporarily attached to the vehicle; [Source: 18.60.020.X.2.a]
b. The vehicle or trailer is in operating condition, currently registered and licensed to operate on public streets when applicable; [Source: 18.60.020.X.2.b] c. While the business is open, the vehicle is not moved and the vehicle is so parked or placed that the signs thereon are displayed to the public; [Source:
18.60.020.X.2.c]
10.2.g
Packet Pg. 763
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.80 Revised Preliminary Draft – October 2024
65 d. The vehicle or trailer is regularly parked in a location and in a manner in a way so that it can be observed by passersby; [Source: 18.60.020.X.2.d] e. The vehicle or trailer is actively used as a vehicle in the daily function of the business to which such signs relate; [Source: 18.60.020.X.2.e] f. The vehicle or trailer is associated with, and necessary to, performing a service at the property in which the vehicle or trailer is located; and [Source:
18.60.020.X.2.f]
g. The sign includes directional language that would only be applicable if parked in the vicinity of the use. [Source: 18.60.020.X.2.g]
It is not necessary that any one or all the listed criteria be present in order to determine that a vehicle sign falls into the exempt or prohibited category; the criteria are intended to guide City staff toward making consistent determinations on the matter. [Source:
18.60.020.X]
U. Window Signs. Window signs in a nonresidential zoning district are allowed if the total window area covered by signs (including exempt signs) is 30 percent or less of the window area. For the purposes of this Section, “window area” means the window area of a single business, on each building elevation. Glass doors are excluded from the calculation of window area. [Source:
18.60.020.Y]
18.80.050 Prohibited Signs
Unless otherwise exempt, the following types of signs and locations of signs are prohibited: [Source:
18.60.060]
A. Signs located in a required setback adjoining a street property line in violation of Section
18.45.070 (Sight Obstructions at Intersections and Driveways). [Source: 18.60.060.A] B. Signs with lighting, colors, design, or text that could be confused with a public traffic directional sign or control device. [Source: 18.60.060.B]
C. Signs which include obscene matter in violation of California Penal Code section 311 et seq. [Source: 18.60.060.C]
D. Exterior signs made of materials which are impermanent and will not stand exposure to weather, unless it is a temporary sign. [Source: 18.60.060.D] E. Roof signs. [Source: 18.60.060.E]
F. Outdoor advertising structure signs and/or signs located within a public right-of-way except for the following:
1. Signs associated with a City-approved bus shelter or bench; or
2. Signs located within the Downtown Specific Plan area and approved by the City Engineer. [Source: 18.60.060.F]
G. Signs placed on, painted, or affixed to a vehicle or trailer which is parked on a public right-ofway, public property, or private property visible from a public right-of-way, if the apparent
10.2.g
Packet Pg. 764
Chapter 18.80 Signs
66 purpose is to advertise a product or business, or direct people to a business or activity located on the same or other property. [Source: 18.60.060.G]
H. Electronic readerboard signs larger than two square feet used as a window sign or if located on the exterior of a structure. Electronic service station fuel price signs are not considered to be “readerboard” signs. [Source: 18.60.060.H]
I. Balloon or similar inflated sign, except with a Temporary Sign Permit under Section 18.80.100 (Standards for Other Types of Temporary Commercial Signs). [Source: 18.60.060.I] J. Signs advertising tobacco products except as allowed in Section 9.45.230 (Restrictions on the advertising of tobacco products-Exceptions). [Source: 18.60.060.J] K. Commercial signs that are animated and/or moving, including mechanically or human powered or held signs within the public right-of-way, and any mechanically powered animated and/or moving commercial sign on private property, except as allowed in Section 18.80.070 (Specific Sign Standards), given that the movement associated with such signs is particularly distracting to motorists and thus, poses traffic safety hazards. [Source: 18.60.060.K]
18.80.060 Maximum Wall Sign Area
A. Applicability. Maximum sign area regulations established in this Section apply to wall signs and multiple-story office signs. They do not apply to freestanding signs, window signs, off-premises signs, shingle signs, temporary signs, or exempt signs. [Source: 18.60.040.A] B. Maximum Sign Area. All wall signs and multiple-story office signs shall comply with the maximum sign areas specified in Table 18.80- Maximum Sign Areas: [Source: 18.60.040.B] C. Calculating Maximum Wall Sign Area. In determining compliance with maximum sign area, the following general regulations apply: [Source: 18.60.040.C]
1. Only one side of a building shall be used in calculating the building frontage. The Zoning Administrator may designate another side of a building as the building frontage if it is determined that: [Source: 18.60.040.C.1]
Table 18.80-__: Maximum Wall Sign Areas
Zoning District Maximum Sign Area
Residential zones 8 square feet per street frontage.
If a Sign Permit is approved, up to 32 square feet per street frontage is allowed as reasonable and necessary for identification of any of the following uses: Convalescent facility; cemetery; club and lodges; congregate care – general; cultural institution; day care – general; hospital; religious assembly; private school; or subdivision community identification.
NB, RB, PAO, C and LI 1 square foot for each linear foot of building frontage.
Mixed use zones Residential components within a mixed-use zone are subject to the same maximum wall sign area provisions as residential zones.
Commercial components within a mixed-use zone are subject to the same maximum wall sign area provisions as NB, RB, PAO, and C zones.
REC If a Sign Permit is approved, up to 32 square feet per street frontage is allowed as reasonable and necessary for identification
10.2.g
Packet Pg. 765
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.80 Revised Preliminary Draft – October 2024
67 a. The primary access to the tenant spaces is from a side facing an interior side lot line; and [Source: 18.60.040.C.1]
b. The interior lot line is longer than the front lot line. [Source: 18.60.040.C.1]
2. Only the street frontage that is developed or approved for development is counted for purposes of determining the maximum allowable sign area. Vacant land reserved for future development is not counted. [Source: 18.60.040.C.2]
3. No sign or sign area allowed on one tenant’s building frontage shall be transferred to another tenant’s building frontage within a shopping center or other multi-tenant structure or development except in accordance with a Master Sign Program prepared under Section 18.80.110 (Master Sign Program). [Source: 18.60.040.C.3]
4. The sign area shall be measured using the simplest geometric shape that will encompass the extreme limits of the sign. Negative space that is bounded by sign elements shall be counted in the total sign area.
5. The background area of panel signs (area surrounding the lettering) shall not be included in the calculation of total sign area, provided that the background of the panel complies with the following standards: [Source: 18.60.040.C.4] a. Does not contain text; [Source: 18.60.040.C.4]
b. Is designed to be architecturally compatible with the building façade; [Source:
18.60.040.C.4]
c. Is proportionate to the size of the sign lettering; and [Source: 18.60.040.C.4] d. Is compatible with the colors, materials, and design of the sign. [Source:
18.60.040.C.4]
18.80.070 Specific Sign Standards
A. Freestanding Signs. The following standards apply to freestanding signs. [Source:
18.60.050.A]
1. Freestanding signs shall not exceed the maximum sign areas established in Table
18.80-__ (Maximum Freestanding Sign Areas by Zoning District). [Source:
18.60.050.A.1]
10.2.g
Packet Pg. 766
Chapter 18.80 Signs
68 2. Calculating Maximum Freestanding Sign Area. The surface area of a freestanding sign shall be calculated by enclosing the extreme limits of all framing, writing, logo, representation, emblem, or other display within a single continuous perimeter composed of squares or rectangles with no more than eight lines. See Figure 18.80-_ Sign Area Measurement).
Figure 18.80-_
Sign Area Measurement
Table 18.80-__: Maximum Freestanding Sign Areas by Zoning District Zoning District Maximum Size
Residential zones, OS, and REC 0.5 square foot for each lineal foot of street frontage up to a maximum of 16 square feet on one face or 32 square feet on two faces. A freestanding sign is only allowed for the uses listed in Subsection
18.80.060.B.
NB, RB and C 0.5 square foot for each lineal foot of street frontage up to a maximum of 32 square feet on one face or 64 square feet on two faces.
If the street frontage exceeds 250 feet, one additional freestanding sign is allowed, not to exceed 32 square feet on one face or 64 square feet on two faces.
PAO and LI 0.5 square foot for each lineal foot of street frontage up to a maximum of 16 square feet on one face or 32 square feet on 2 faces.
Mixed-use zones Residential components of a mixed-use zone are subject to the same maximum freestanding sign area provisions as residential zones.
Commercial components of a mixed-use zone are subject to the same maximum freestanding sign area provisions as NB, RB, and C zones
10.2.g
Packet Pg. 767
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.80 Revised Preliminary Draft – October 2024
69 B. Other Regulations. A freestanding sign may not: [Source: 18.60.050.A.2] a. Be closer than 30 feet to another freestanding sign or to a projecting sign; [Source: 18.60.050.A.2.a]
b. Be closer to an interior property line than one-half its height; [Source:
18.60.050.A.2.b]
c. Extend over a public right-of-way nor be located on the same frontage as a projecting sign extending over a public right-of-way; [Source: 18.60.050.A.2.c] d. Be placed outside of a landscaped area; [Source: 18.60.050.A.2.d] e. Exceed eight feet in height in a nonresidential zoning district or exceed six feet in height in a residential zoning district; [Source: 18.60.050.A.2.e] f. Be considered a double-faced sign unless the two faces are an integral part of a single sign and the sign faces are designed to be identical in size and located back to back on opposite parallel planes. [Source: 18.60.050.A.2.f] C. Illumination and Movement. The following regulations apply to signs that are illuminated or move. [Source: 18.60.050.B]
1. No sign may have exposed fluorescent tubes or incandescent bulbs unless determined by the Sign Permit review authority to be an enhancement to the design of the sign and complementary to the architecture of the building facade. [Source: 18.60.050.B.1]
2. Signs indirectly illuminated shall use white or amber colored lights. [Source:
18.60.050.B.2]
3. Signs directly visible from a residential zoning district shall not be illuminated between 10:00 p.m. and 6:00 a.m., except during the hours the business is open. [Source:
18.60.050.B.3]
4. No movement or apparent movement of, or in, a sign or change in intensity of sign illumination is allowed, except for the following if consistent with the other provisions of this Chapter: [Source: 18.60.050.B.4]
a. Time or temperature signs. [Source: 18.60.050.B.4.a] b. Theater canopy signs. [Source: 18.60.050.B.4.b]
c. Electronic readerboard signs located inside a building and within three feet of a window if the total aggregate area of all electronic readerboard signs at any business location does not exceed two square feet. [Source: 18.60.050.B.4.c] D. Multiple-Story Office Signs. An office building at least three stories in height may have a multiple-story office sign to identify the building if: [Source: 18.60.050.C]
1. The sign is located below the top of the parapet at a height and scale architecturally in harmony with the building; [Source: 18.60.050.B.C.1]
2. There is only one identification sign per building; [Source: 18.60.050.C.2]
10.2.g
Packet Pg. 768
Chapter 18.80 Signs
70 3. Only individual letters or a logo are used and there are no cabinet or can signs. If lighted, the letters shall be internally illuminated; [Source: 18.60.050.C.3]
4. The sign is not indirectly illuminated; [Source: 18.60.050.C.4]
5. The sign complies with the maximum sign area established in Section 18.80.060 (Maximum Sign Area). [Source: 18.60.050..C.5]
E. Off-Premise Signs. An outdoor sign advertising a business, product, or service not sold on the premise is not allowed, unless: [Source: 18.60.050.D]
1. The sign is needed to provide visibility of the business(es) from the nearest arterial or commercial collector street; and [Source: 18.60.050.D.1]
2. The sign is not located in a residential zoning district. [Source: 18.60.050.D.2] F. Projecting Signs. A projecting sign (also referred to as a “shingle” or “blade” sign) shall: [Source:
18.60.050.E]
1. Be set back at least five feet from an interior side property line, if applicable; [Source:
18.60.050.E.1]
2. Not exceed four square feet in area; [Source: 18.60.050.E.2]
3. Be at least seven and one-half feet, but not more than 20 feet, above the surface over which it projects, or not less than 14 feet above a vehicular passageway; and [Source:
18.60.050.E.3]
4. Not project above an apparent eave or parapet, including the eave of a simulated mansard roof. [Source: 18.60.050.E.4]
G. Theater or Cinema Sign. A Sign Permit may be issued for a theater or cinema sign deviating from the standards of this Section, including a marquee with changeable letters, brighter lights, or other features. [Source: 18.60.050.F]
H. Wall Signs. A wall sign, or the painting or decorating of a building with the purpose of advertising a message, shall comply with the maximum sign area requirements established in Section
18.80.060 (Maximum Sign Area) and shall not: [Source: 18.60.050.G]
1. Project above an eave or parapet, including the eave of a simulated mansard roof; [Source: 18.60.050.G.1]
2. Project more than six inches from the face of the building; or [Source: 18.60.050.G.2] I. Window Signs. Window signs are exempt from Sign Permit review, provided the following standards are met: [Source: 18.60.050.H]
1. The window sign does not cover up more than 30 percent of the total window area for each building frontage (glass doors are not included in the calculation of total window area); and [Source: 18.60.050.H.1]
2. The window sign is not located in a residential zoning district, nor directly facing a residential zoning district. [Source: 18.60.050.H.2]
10.2.g
Packet Pg. 769
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.80 Revised Preliminary Draft – October 2024
71 18.80.080 Sign Design Guidelines
In reviewing sign applications, the Architectural Review Commission shall ensure that all signs are in substantial compliance with the sign guidelines established in the Citywide Design Guidelines (City Council Resolution No. 68-17). [Source: 18.60.110]
18.80.090 Temporary Sign Standards
A. Temporary Freestanding Sign Standards.
1. General. Temporary freestanding signs are allowed as follows: [Source: 18.60.055.A] a. Commercial and Industrial Zoning Districts. [Source: 18.60.055.A.1] i. Commercial Signs. The Zoning Administrator may issue a Temporary Sign Permit for a temporary commercial freestanding or a portable sign subject to the requirements of Subsections B and C of Section
18.80.100 (Standards for Other Types of Temporary Commercial Signs). [Source: 18.60.055.A.1.a]
ii. Noncommercial Signs. A temporary freestanding noncommercial sign is allowed if it complies with the standards in Subparagraphs 2 through 3 of this Section. No Temporary Sign Permit is required.[Source:
18.60.055.A.1.a]
b. Residential and REC Zoning Districts. [Source: 18.60.055.A.2] i. Commercial Signs. No temporary freestanding commercial sign is allowed in a residential zoning district, except for an exempt real estate sign under Section 18.80.040 (Exempt Signs). Real estate signs are not permitted in the REC zoning district. [Source: 18.60.055.A.2.a] ii. Noncommercial Signs. A temporary freestanding noncommercial sign is allowed in a residential zoning district or the REC district if it complies with Subparagraphs 2 through 3 of this Section. A temporary freestanding noncommercial sign may be displayed as a temporary freestanding sign or as a building wall or fence mounted banner. No Temporary Sign Permit is required. [Source: 18.60.055.A.2.b] c. Mixed-Use Zoning Districts. [Source: NEW]
i. Residential. Residential components of a mixed-use zoning district are subject to the temporary freestanding sign standards for residential zoning districts established in Subparagraph A.1.b. [Source: NEW] ii. Commercial. Commercial components of a mixed-use zoning district are subject to the temporary freestanding sign standards for commercial zoning districts established in A.1.a. [Source: NEW] d. Dimensions. Table 18.80-__ (Temporary Freestanding Sign Standards - Noncommercial) establishes standards for allowable size, aggregate area,
10.2.g
Packet Pg. 770
Chapter 18.80 Signs
72 spacing, and sign display duration for temporary freestanding noncommercial signs: [Source: 18.60.055.B]
B. Location. [Source: 18.60.055.C]
1. A temporary freestanding noncommercial sign shall not be attached to a utility or light pole, tree, or other vegetation, except that a temporary freestanding noncommercial sign may be displayed as a banner temporarily affixed to poles (other than utility poles or light poles) placed on private property solely for the purpose of displaying temporary signage or as a building wall mounted banner. [Source: 18.60.055.C.1]
2. A temporary freestanding noncommercial sign shall not obstruct or pose the threat of obstructing vehicular or pedestrian travel. The sign shall be located in compliance with Table 18.80-__: Temporary Freestanding Noncommercial Sign Standards Standard Commercial And
Industrial Zoning
Districts
Residential and REC Zoning Districts
Properties with up to 150
feet of lineal street
frontage3
Properties with over 150
feet of lineal street
frontage3
Maximum Area per Sign
Face (single or doublesided)
16 square feet 6 square feet 25 square feet
Maximum Aggregate
Area for All Signs
64 square feet1 25 square feet 25 square feet
Maximum Individual
Letter Height
Not to exceed 50% of
sign face height or 12
inches whichever is
greater
Not to exceed 50% of
sign face height or 12
inches whichever is
greater
Not to exceed 50% of
sign face height or 12
inches whichever is
greater
Maximum Size of Any
Graphic, Emblem, Logo
or Photograph
Not to exceed 30% of
sign face area
Not to exceed 30% of
sign face area
Not to exceed 30% of
sign face area
Minimum Distance
Between Temporary
Freestanding
Noncommercial Signs
Multiple signs, regardless
of spacing, arranged to
appear as one sign to
convey a single message
or image, are prohibited.
Multiple signs, regardless
of spacing, arranged to
appear as one sign to
convey a single message
or image, are prohibited.
Multiple signs, regardless
of spacing, arranged to
appear as one sign to
convey a single message
or image, are prohibited.
Maximum Height 8 feet 6 feet 6 feet
Sign Display Duration4 Up to 65 days, two times
per year, or up to 30
days, six times per year,
or any combination of the
above that does not
exceed a total of 195
days per year, all with at
least 30 days between
each display period2
Up to 65 days, two times
per year, or up to 30
days, six times per year,
or any combination of the
above that does not
exceed a total of 195
days per year, all with at
least 30 days between
each display period2
Up to 65 days, two times
per year, or up to 30
days, six times per year,
or any combination of the
above that does not
exceed a total of 195
days per year, all with at
least 30 days between
each display period2
NOTE: Mixed-use zones. Residential components of a mixed-use zoning district are subject to the standards for residential zoning districts, and commercial components of a mixed-use zoning district are subject to the standards for commercial zoning districts.
1 – The aggregate sign area applies whether the signs are located on an individual lot or within a single commercial shopping center, business park, industrial park or other complex of related buildings. 2 – Sign text changes may occur within each occurrence. 3 – When a property (lot) has more than one street frontage, only one is used to calculate street frontage. 4 – A record of sign display dates shall be maintained by the person displaying the sign and available to the city for review upon request.
10.2.g
Packet Pg. 771
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.80 Revised Preliminary Draft – October 2024
73 the requirements of Section 18.45.080 (Traffic Safety Visibility Area). [Source:
18.60.055.C.2]
3. A temporary freestanding noncommercial sign is not allowed in or over the public rightof-way (including public streets, alleys, sidewalks and unpaved areas). Except, in residential and REC zoning districts, a temporary freestanding noncommercial sign may be placed within the privately maintained portion of the public right-of-way that extends beyond the edge of sidewalk (or, beyond the edge of curb if no sidewalk exists) in the front setback, provided that it does not block or impede public or vehicular access, parking, traffic safety visibility area, utility access, or disabled access, and does not otherwise create a hazard or public nuisance. [Source: 18.60.055.C.3] C. Temporary Portable Freestanding Signs. A temporary portable freestanding sign (“A-frame,” “H-frame,” or similar sign): [Source: 18.60.057.B]
1. May be approved by the zoning administrator subject to compliance with design, siting and locational criteria established by the zoning administrator or as specified in an approved master sign program. [Source: 18.60.057.B.1]
2. May not be located within any public right-of-way (except in the Downtown Specific Plan area subject to approval by the city engineer). [Source: 18.60.057.B.2]
3. May not be located within areas regulated to preserve sight distance (see PHMC §
18.50.100). [Source: 18.60.057.B.3]
4. May be approved for display with a temporary sign permit for no more than 20 calendar days, up to six times each calendar year. [Source: 18.60.057.B.4] D. Temporary freestanding noncommercial signs shall not be lighted. [Source: 18.60.055.D]
18.80.100 Standards for Other Types of Temporary Commercial Signs A. Temporary Commercial Wall Signs. A Temporary Sign Permit may be approved for a temporary commercial wall sign if all the following standards are met: [Source: 18.60.057.A]
1. Sign Area. The temporary wall sign area shall not exceed a maximum of 25 square feet. Buildings with a frontage more than 100 linear feet, the maximum temporary wall sign area may be increased at the discretion of the Zoning Administrator, not to exceed the maximum sign area allowed under Section 18.80.060 (Maximum Sign Area). [Source: 18.60.057.A.1]
2. Sign Width. The temporary wall sign width shall not exceed two-thirds of the width of the storefront. [Source: 18.60.057.A.2]
3. Number of Signs. No more than two temporary wall signs shall be displayed at any one time, and they shall not face in the same direction. [Source: 18.60.057.A.3]
4. Attachment. The temporary wall sign shall be securely attached to a wall, fascia, or window of the structure. [Source: 18.60.057.A.4]
5. Duration. The Temporary Sign Permit shall not allow a temporary wall sign to be displayed for more than 20 calendar days, six times each calendar year. [Source:
18.60.057.A.5]
10.2.g
Packet Pg. 772
Chapter 18.80 Signs
74 6. Purpose. The temporary sign is necessary to: [Source: 18.60.057.A.6] a. Advertise a special event, promotion, sale, or other temporary activity; [Source: 18.60.057.A.6.a]
b. Maintain identity while a Sign Permit application is pending and until a permanent sign is erected; [Source: 18.60.057.A.6.b]
c. Warn of a temporary, dangerous condition; or [Source: 18.60.057.A.6.c] d. Advertise a temporary use allowed by a Temporary Use Permit. [Source:
18.60.057.A.6.d]
B. Other Commercial Temporary Signs. A Temporary Sign Permit may be issued for a flashing sign, searchlight, flag, pennant, streamer, spinner, air blown, or similar device. For these types of signs, the Temporary Sign Permit may be issued for no more than seven days, six times per calendar year. [Source: 18.60.057.C]
18.80.110 Master Sign Program
A. General Requirement. A site with more than four nonresidential tenants or proposing a renovation of more than 5,000 square feet shall have an approved Master Sign Program in accordance with Chapter 18.140 (Master Sign Program) before issuance of any occupancy permit and before any permanent sign is placed or modified. [Source: 18.60.080.A] The owner of an existing development may submit a Master Sign Program to be reviewed and approved by the Architectural Review Commission. [Source: 18.60.080.A] B. Variations. A Master Sign Program may include certain variations from the standards of this Chapter subject to the following: [Source: 18.60.080.B]
1. The Master Sign Program shall conform to the maximum sign area requirements of Section 18.80.060 (Maximum Sign Area). The Architectural Review Commission may allow an increase in maximum wall sign area for individual tenants, provided that the overall allowable wall sign area for the project site is not exceeded. In addition, for a multiple buildingsite, sign area may be transferred from one building frontage to another if the transfer does not exceed 50 percent of the area allowed for a particular frontage or tenant; [Source: 18.60.080.B.1]
2. The Master Sign Program may allow more than one freestanding sign per lot; [Source:
18.60.080.B.2]
3. The Master Sign Program may allow for decorative, “nongeneric,” temporary freestanding signs (such as “A” or “H” frames, menu boards, and small temporary promotional signs) on the premise. In the Downtown Specific Plan area, such signs may be allowed in the public right-of-way subject to review and approval by the City Engineer. Such temporary freestanding signs shall comply with the following standards:
a. Be limited to locations that would not impair or obstruct public access, disabled access, parking, loading, and/or required intersection or driveway visibility.
10.2.g
Packet Pg. 773
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.80 Revised Preliminary Draft – October 2024
75 b. Not be permanently attached to the ground or any other fence, wall or structure.
c. The design, size, location, number, and spacing of such signs are subject to Architectural Review Commission approval. [Source: 18.60.080.B.3]
4. Conflicting Standards. In the case that the Master Sign Program has more restrictive requirements, including methods of measurement, than prescribed by this Chapter, the Master Sign Program shall be controlling. [Source: 18.60.080.B.4]
18.80.120 Minor Sign Adjustment
A. The Architectural Review Commission may approve minor adjustments involving not more than a 20 percent change from any provision of this Chapter as part of approval of a Sign Permit, except that a greater number of signs is not allowed. [Source: 18.60.090.A] B. Before approval of a minor adjustment, the Architectural Review Commission shall find that the adjustment complies with all the following standards: [Source: 18.60.090.B]
1. Is consistent with the intent of the specific purposes of this Chapter; [Source:
18.60.090.B.1]
2. Will not adversely affect adjacent properties or tenants; and [Source: 18.60.090.B.2]
3. Is necessary due to practical difficulties involved in the strict application of the standards of this Title to the project site or would result in a superior, more creative design. [Source: 18.60.090.B.3]
18.80.130 Major Sign Adjustment
A. The Planning Commission may approve major adjustments involving more than a 20 percent change from any provision of this Chapter through approval of a Use Permit. [Source:
18.60.100.A]
B. Before approval of a Use Permit for a major sign adjustment, the Planning Commission shall make the following findings in addition to the findings required by Chapter 18.145 (Use Permits): [Source: 18.60.100.B]
1. The adjustment is consistent with the intent of the specific purposes of this Chapter; [Source: 18.60.100.B.1]
2. The adjustment will not adversely affect adjacent properties or tenants; and [Source:
18.60.100.B.2]
3. The adjustment is necessary due to practical difficulties involved in the strict application of the standards of this Title to the project site or would result in a superior, more creative design. [Source: 18.60.100.B.3]
18.80.140 Maintenance, Abandonment, and Obsolete Signs
A. Maintenance. Each sign shall be: [Source: 18.60.070.A]
1. Maintained in a secure and safe condition; [Source: 18.60.070.A]
2. Maintained in good repair; and [Source: 18.60.070.A]
10.2.g
Packet Pg. 774
Chapter 18.80 Signs
76 3. Cleaned, painted, and replaced as necessary to present a neat appearance. [Source:
18.60.070.A]
B. Abandoned or Obsolete Sign. An on-premises sign advertising an activity, business, service or product shall be removed within 45 calendar days after a business is no longer in operation. If the sign is not so removed, the code enforcement officer may have the sign removed in accordance with the public nuisance abatement provisions of Pleasant Hill Municipal Code Chapter 7.05, and the property owner will be held responsible for the cost of removal. Any prior exceptions, adjustments, modifications or variances granted for the abandoned or obsolete sign are void 45 calendar days after the business is no longer in operation. [Source:
18.60.070.B]
18.80.150 Enforcement
A. If the City determines that a sign is not secure, safe, or in a good state of repair, it shall give written notice to the person responsible for the sign. If the defect is not corrected within the time allowed by the City, the City may revoke the Sign Permit or Temporary Sign Permit to maintain the sign and may remove the sign in accordance with the public nuisance abatement provisions of Chapter 7.05 (Public Nuisances). [Source: 18.60.070.A] B. Illegal Signs. An illegal sign is any sign in violation of this Chapter including, but not limited to, the following: [Source: 18.60.120.A]
1. A sign erected or displayed without a Sign Permit, unless the sign is exempt under Section 18.80.040 (Exempt Signs); [Source: 18.60.120.A.1]
2. A sign which is prohibited under Section 18.80.050 (Prohibited Signs); [Source:
18.60.120.A.2]
3. A sign which is a danger to the public or which is unsafe; [Source: 18.60.120.A.3]
4. A sign which is not properly maintained, abandoned, or obsolete under Section
18.80.140 (Maintenance, Abandonment, and Obsolete Signs); or [Source:
18.60.120.A.4]
C. Abatement.
1. An illegal sign violates this Zoning Ordinance and is considered a public nuisance and may be abated in accordance with any enforcement procedure established in Chapter
18.185 (Enforcement), or the public nuisance abatement procedures established in Chapter 7.05 (Public Nuisances). The cost of abatement is the responsibility of the owner. Each person who erects or maintains a sign which is subject to removal is jointly and severally liable for the cost of removal. [Source: 18.60.120.B]
2. In addition to all other remedies, the City has a lien upon the sign which it removes for the cost of removal and may, but is not required to, keep possession of the sign until the owner redeems it by paying the cost of removal. The City may dispose of the sign 30 calendar days after removal without further liability to the owner by giving the owner notice that the owner may redeem the sign by paying the cost of removal. [Source:
18.60.120.B]
10.2.g
Packet Pg. 775
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.80 Revised Preliminary Draft – October 2024
77 3. An illegal sign on public property may be summarily removed without prior notice to the owner. [Source: 18.60.120.C]
10.2.g
Packet Pg. 776
Chapter 18.90 Tree Preservation
78 Chapter 18.90
Tree Preservation
10.2.g
Packet Pg. 777
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.90 Revised Preliminary Draft – October 2024
79 Chapter 18.90 Tree Preservation
Sections
18.90.010 Purpose and Applicability
18.90.020 Definitions
18.90.030 Permit Required
18.90.040 Exemptions
18.90.050 Preservation and Replacement Plan
18.90.060 Performance Security
18.90.070 Heritage Trees
18.90.080 Conditions of Approval
18.90.090 Penalties
18.90.100 Referral
18.90.110 Tree Removal Permit Expiration
18.90.120 Appeals
18.90.010 Purpose and Applicability
A. Purpose. The purpose of this Chapter is to establish standards to protect and preserve trees throughout the City by identifying clear processes and procedures for the removal and replacement of trees.
B. Applicability. The standards of this Section apply to any person, firm, corporation, private or public utility, or governmental entity responsible for the removal, relocation, alteration, damage, or demolition of a protected tree or heritage tree. City initiated projects shall also be subject to the provisions of this Chapter unless specifically exempted by the City Council. [Source:
18.50.110.A]
18.90.020 Definitions
The following definitions apply to the standards of this Chapter.
A. Damage. Damage means any intentional action or gross negligence, which causes injury, death or disfigurement of a tree. Actions include, but are not limited to, cutting, girdling, poisoning, overwatering, soil compaction, unauthorized relocation or transportation of a tree, or trenching, excavating, altering the grade, or paving within the dripline or tree protection zone (if specified) of a tree.
B. Dead Tree. Dead tree means a tree that is dead or that has been damaged beyond repair or is in an advanced state of decline (where an insufficient amount of live tissue, green leaves, limbs, or branches exist to sustain life) and has been determined to be such by the Zoning Administrator.
10.2.g
Packet Pg. 778
Chapter 18.90 Tree Preservation
80 C. Excessive Trimming. Excessive trimming means any of the following and is a prohibited act that constitutes removal:
1. Removing more than 25 percent, of the functioning leaf, stem, or root area within 12 months. Excessive trimming is potentially injurious to the tree resulting in the tree appearing as a “bonsai,” “lion’s tailed,” or “lolly-popped,” or overly thinned.
2. Removal of the leaf or stem area predominantly on one side, topping, or excessive tree canopy or crown raising. Exceptions may be considered by the Zoning Administrator subject to review and approval of a tree removal when such trimming is determined by the Zoning Administrator to be the only feasible way to provide necessary clearance from overhead utilities or public improvements or to abate a hazardous condition or public nuisance, or when the trimming is recommended by a certified arborist due to the health and/or structure of the tree.
3. The cutting of any root two inches or greater in diameter and/or severing more than 25 percent of the roots and/or pruning not in compliance with ANSI A-300, Part I pruning standard for trees, or the International Society of Arboriculture Pruning Best Management Practices (latest available revision of each).
D. Hazardous Tree. A hazardous tree is considered one that possesses a structural defect which poses an imminent risk if the tree or part of the tree that would fall on someone or something of value. Structural defect means any structural weakness or deformity of a tree or its parts.
E. Tree Removal. Tree removal means any of the following:
1. Complete tree removal such as cutting to the ground or extraction of the tree; and
2. Taking any action foreseeably leading to the death of a tree or permanent damage to its health or structural integrity, including but not limited to excessive trimming, cutting, girdling, poisoning, over-watering, unauthorized relocation or transportation of a tree, or trenching, excavating, altering the grade, or paving within the dripline area of a tree.
F. Tree Protection Zone (TPZ). The TPZ is a restricted activity zone where soil disturbance, storage or parking of vehicles, storage of any other materials or chemicals, and/or alteration of drainage is not allowed, unless otherwise approved by the City. The project arborist or a City arborist shall designate the area of the TPZ with a temporary fenced tree enclosure designed to protect the tree and its roots from disturbance. Within the TPZ, roots that are critical for tree survival are typically found in the upper three-foot soil horizon and may extend beyond the dripline of the tree.
18.90.030 Permit Required
A. General Requirements. No person, firm, corporation, private or public utility, or governmental entity shall remove, relocate, excessively trim, damage, or demolish a protected tree or heritage tree before obtaining a tree removal permit from the Zoning Administrator or approval from another applicable City decision-making body. [Source: 18.50.110.A] B. Protected Trees. For the purposes of this Chapter, all of the following are classified as “protected trees”: [Source: 18.50.110.A.1]
10.2.g
Packet Pg. 779
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.90 Revised Preliminary Draft – October 2024
81 1. Any native oak tree or indigenous tree with a trunk diameter measurement of nine inches or larger. Indigenous trees include but are not limited to: Alnus Oregona (Red Alder), Acer Macrophyllum (Bigleaf Maple), Aesculus Californica (California Buckeye), Arbutus Menziesii (Madrone), Umbellularia Californica (California Bay or Laurel), Juglans Hindsii (California Black Walnut), Platanus Racemosa (California Sycamore), or Sambucus Mexicana (Elderberry). The California Native Plant Society’s Calscape list of indigenous/native trees for the Bay Area can be referenced to determine whether a tree is considered native or indigenous to the region. [Source: 18.50.110.A.1.a and
18.50.110.A.1.b]
2. Nonnative trees, excluding Eucalyptus and Palm trees with a trunk diameter measurement of 18 inches or larger. Nonnative trees include species such as Sequoia Sempervirens (Coastal Redwood), Pinus Canariensis (Canary Island Pine), Pinus Halepensis (Aleppo Pine), Pinus Pinea (Italian Stone Pine), Pinus Radiata (Monterey Pine), Ulmus Americana (American Elm), Ulmus Parvifolia (Chinese Elm), Ulmus Pumila (Siberian Elm), Liquidambar Styraciflua (American Sweet Gum), Cedrus Deodara (Deodar Cedar), Cedrus Atlantica (Atlas Cedar), Fraxinus Uhdei (Shamel Ash), Fraxinus American (White Ash), Fraxinus Augustifolia (Raywood Ash), Cupressus (Cypress species), Morus Alba (Fruit/Fruitless Mulberry), Chinese Pistache, Robinia Pseudoacacia (Black Locust), Pyrus Calleryana (Bradford Pear), Cinnamomum Camphora (Camphor). [Source: 18.50.110.A.1.c]
3. Any tree shown to be preserved on an approved tentative map, development, or site plan or required to be retained as a condition of approval or environmental mitigation measure. [Source: 18.50.110.A.1.d]
4. Any tree required to be planted as a replacement for an unlawfully removed tree. [Source: 18.50.110.A.1.e]
5. Any tree designated as a “heritage tree” in compliance with Section 18.90.060 (Heritage Trees). [Source: 18.50.110.A.1.f]
Note: See subsection G of this Section for definition of trunk diameter measurement. [Source: 18.50.110.A.1.f]
C. Trunk Diameter Measurement. For the purposes of this Chapter, the trunk diameter shall be measured using the following parameters: [Source: 18.50.110.G.6]
1. Point of measurement shall start at 54 inches (DBH) above the existing ground surface adjacent to the trunk of the tree. [Source: 18.50.110.G.6]
2. The width of the tree shall be measured from one side of the trunk to the opposite side, or alternatively, measure the circumference of the tree’s trunk (in inches) and divide by Pi (3.14). [Source: 18.50.110.G.6]
3. For trees located on a slope, the trunk diameter shall be measured from the midpoint between the lowest and highest point of existing grade adjacent to the tree trunk. [Source: 18.50.110.G.6]
10.2.g
Packet Pg. 780
Chapter 18.90 Tree Preservation
82 4. For trees with more than one trunk, the combined diameter of all trunks measured at 54 inches (DBH) above the ground shall be the diameter of that individual tree. [Source:
18.50.110.G.6]
Figure 18.90-__: Tree Trunk Diameter Measurements
D. Arborist Report Required. Any application for a tree removal permit shall include a letter report prepared by a certified arborist addressing the health/condition of the tree, the rationale for removal, the feasibility of any alternatives to removal, and any recommendations for replacement trees. [Source: 18.50.110.A.2]
E. Criteria for Tree Removal Review. The Zoning Administrator, or other applicable review authority, shall consider the following factors in determining whether to approve the removal of a tree(s): [Source: 18.50.110.A.3]
1. Health or physical condition of the tree; [Source: 18.50.110.A.3.a]
2. Any potential hazard or any risk presented by the tree determined using the ANSI A300, part 9 Standard for Tree Risk Assessment; [Source: 18.50.110.A.3.b]
10.2.g
Packet Pg. 781
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.90 Revised Preliminary Draft – October 2024
83 3. Whether the tree is causing a public nuisance and/or a public safety hazard; [Source:
18.50.110.A.3.c]
4. Potential for the tree to be a detriment to other protected trees due to its location, overcrowding, or its health; [Source: 18.50.110.A.3.d]
5. Evidence of significant damage to property caused, or likely to be caused, by the tree; [Source: 18.50.110.A.3.e]
6. Any potential historic or cultural significance of the tree; [Source: 18.50.110.A.3.f]
7. Whether the tree substantially inhibits sunlight necessary for the operation of active or passive solar heating, cooling or energy generation and trimming or thinning is not a feasible alternative to removal; [Source: 18.50.110.A.3.g]
8. Whether the tree is obstructing proposed improvements that cannot be reasonably designed to avoid tree removal; [Source: 18.50.110.A.3.h]
9. Whether the tree is located in close proximity to a structure in a high fire hazard area and removal is necessary to create defensible space per applicable fire safety laws, regulations or Fire District requirements; [Source: 18.50.110.A.3.i]
10. Whether preservation of the tree(s) would render a site undevelopable, and the Planning Commission or City Council has determined that no economically viable use can be made of underlying or adjacent property if the tree is not removed and that every reasonable effort has been made to retain the tree; [Source: 18.50.110.A.3.j]
11. Feasibility of alternatives to removal of the tree (for example, depending on the circumstances, abandonment in place of a natural gas pipeline that is over 30 years old and relocation of the pipeline may be deemed a feasible alternative); [Source:
18.50.110.A.3.k]
12. Any other circumstances deemed relevant by the Zoning Administrator or other review authority based on site conditions, technical analyses, and/or the location of the tree. [Source: 18.50.110.A.3.l]
F. Third-Party Peer Review Arborist. When deemed necessary by the Zoning Administrator or other applicable review authority, a third-party peer review prepared by a certified arborist, board certified master arborist, or registered consulting arborist may be required (at the cost of the applicant) to perform one or more of the following analyses: [Source: 18.50.110.A.4]
1. Review the applicant’s arborist report and/or tree preservation and replacement plan, [Source: 18.50.110.A.4]
2. Physically inspect and evaluate the tree(s) proposed for removal, [Source:
18.50.110.A.4]
3. Provide a written analysis to include the peer review arborist’s findings and recommendations, or [Source: 18.50.110.A.4]
4. Provide recommendations regarding tree replacement. [Source: 18.50.110.A.4] G. Replacement Trees Required. [Source: 18.50.110.A.5]
10.2.g
Packet Pg. 782
Chapter 18.90 Tree Preservation
84 1. Replacement Ratios. Unless otherwise specified by the Zoning Administrator or other applicable review authority, the replacement ratios for tree removal shall be as follows:
[Source: 18.50.110.A.5.a]
a. A protected native or indigenous tree approved for removal shall be replaced by at least two 15-gallon trees on the project site. [Source: 18.50.110.A.5.a.i] b. A protected nonnative tree approved for removal shall be replaced by at least one 15-gallon tree on the project site. [Source: 18.50.110.A.5.a.ii] c. In addition to the requirements in Subparagraphs a and b of this Subsection, removal of any protected tree, as part of an areawide program and/or discretionary development plan, that is located within or adjacent to the public right-of-way along Contra Costa Boulevard or within or adjacent to the Iron Horse Trail, may also be subject to additional mitigation requirements to address potential adverse communitywide social, economic, or environmental impacts of tree removals. Adverse impacts (individual or cumulative) that may require additional mitigation may include, but not limited to, biological values, aesthetics, loss of shade, economic vitality, air quality, vehicle speed, community identity, and other similar factors, resulting directly or indirectly from tree removal and the substantial length of time required for replacement trees to reach the same level of maturity and therefore provide the same functionality and benefits as the trees that are removed. [Source:
18.50.110.A.5.a.iii]
2. Replacement Tree Species. The species of the replacement trees shall be approved by the Zoning Administrator or other applicable review authority. [Source:
18.50.110.A.5.b]
3. Off-Site Replacement. Off-site tree replacement may be considered if the project site already has a significant mature tree population, to prevent overcrowding or infringement on existing structures. Adequate provisions for maintenance of the replacement tree shall be specified, subject to approval by the Planning Commission. [Source: 18.50.110.A.5.c]
4. Replacement Infeasible. If it is determined that on-site or off-site replacement of trees is not currently feasible due to lack of adequate space on site or lack of a suitable and available off-site location, the applicable review authority may, at its discretion, allow one of the following alternatives
a. Have the applicant to pay an in lieu fee to the City for provision of off-site trees at the ratio recommended in Paragraph G.1. The in lieu fee shall be based on the estimated value of the replacement tree(s) including any installation and maintenance costs and shall be approved by the applicable review authority. b. For a tree removal on a single-family residential property, the review authority may reduce or waive the tree replacement requirement, as appropriate.
10.2.g
Packet Pg. 783
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.90 Revised Preliminary Draft – October 2024
85 c. Require additional mitigation measures for each tree removed within or adjacent to Contra Costa Boulevard and/or within or adjacent to the Iron Horse Trail (see Subparagraph c of Paragraph G.1). [Source: 18.50.110.A.5.d]
5. Maintenance. Replacement trees shall be properly maintained by the permittee to ensure their survival. [Source: 18.50.110.A.5.e]
a. Replacement trees on single-family residential sites shall be maintained for a minimum of two years after planting. [Source: 18.50.110.A.5.e] b. Replacement trees on all other sites shall be maintained as noted in any landscape maintenance agreement and/or City approved landscape plan or tree preservation and replacement plan applicable to the site. [Source:
18.50.110.A.5.e]
18.90.040 Exemptions
A Tree Removal Permit is not required before removal of a protected tree under any of the following circumstances: [Source: 18.50.110.B]
A. Removal is determined necessary by Contra Costa Fire Protection District personnel actively engaged in fighting a fire. [Source: 18.50.110.B.1]
B. Removal of trees on property owned by the Pleasant Hill Recreation and Park District. [Source:
NEW]
C. Immediate removal is required to prevent imminent danger to life or property, such as with a “hazardous tree” as defined in Section 18.90.020 (Definitions) or if necessary to restore utility service within 48 hours of a storm, and the City Manager or their designee has been notified of the removal at the earliest opportunity, and it is not feasible to obtain a permit before removal.
In the case of immediate removal, a tree removal permit shall be submitted within five days following removal to ensure that the provisions of this Chapter and any other applicable provisions of the Municipal Code or applicable land use entitlements are satisfied. [Source:
18.50.110.B.2]
D. The tree is held for sale as part of a licensed nursery business. [Source: 18.50.110.B.3] E. The tree(s) are designated as “To Be Removed” on an approved subdivision map (tentative map or parcel map) or development plan provided that the tree removal has been reviewed and approved by the decision-making body for the subdivision map and/or development plan based on the criteria in Subsection E and a tree preservation and replacement plan has been approved in accordance with Section 18.90.050 (Preservation and Replacement Plan). [Source: 18.50.110.B.4]
F. The Zoning Administrator determines that the tree is dead.
1. The Zoning Administrator may require submittal of a report from a licensed arborist if deemed necessary to verify the condition of the tree.
2. A fee shall not be required for a determination by the Zoning Administrator that a tree is dead.
10.2.g
Packet Pg. 784
Chapter 18.90 Tree Preservation
86 3. Dead trees that are removed shall not require replacement unless located on a site with a City-approved landscape plan or landscape maintenance agreement, in which case, the dead tree shall be replaced on a 1:1 basis. [Source: 18.50.110.B.5, modified] G. Tree trimming that does not constitute “excessive trimming” as defined in Section 18.90.020 (Definitions). [Source: 18.50.110.B.6]
H. A governmental entity or a public or private utility determines the removal of a tree(s) is exempt from this Chapter by Federal or State law, regulation, or administrative order. A copy of such statute, regulation, or order shall be provided to the Zoning Administrator for approval. [Source:
18.50.110.B.7]
18.90.050 Preservation and Replacement Plan
A. General Requirements. A tree preservation and replacement plan prepared by a State licensed or certified professional shall be submitted when:
1. A discretionary land use entitlement application includes removal of protected trees.
This provision does not apply to an entitlement involving only one single-family residence where the Zoning Administrator may administratively require tree protection measures as needed if a proposed development has the potential to adversely impact a protected tree.
2. Required by the Zoning Administrator or other applicable review authority as a condition of a Tree Removal Permit approval.
B. Content Requirements. The tree preservation and replacement plan shall be subject to the review and approval of the Zoning Administrator or other applicable city decision making body and shall include: [Source: 18.50.110.C]
1. A map and inventory showing the location, species, health rating, size, and a unique tree number for all trees on the site. The trees to be removed, relocated, or demolished shall be labeled “To Be Removed” or marked with an “X” and the inventory shall indicate by notation why removal of each tree is necessary based on the criteria included in Subsection E of Section 18.90.030 (Permit Required). [Source:
18.50.110.C.1]
2. A report from a certified arborist, board certified master arborist, or registered consulting arborist describing the condition of all existing trees, the anticipated impacts of grading, trenching, and construction on the protected trees and recommending specific protective measures to be implemented before commencement of grading or construction to minimize potential adverse impacts on protected trees. The report shall designate TPZs for each protected tree and/or group of protected trees that are proposed to remain on-site and the additional measures such as protective fencing, staking, and signage necessary to avoid inadvertent damage to protected trees during grading and construction. All required tree protection measures shall also be included with the grading and/or construction documents for the development. [Source:
18.50.110.C.2]
3. A replanting plan prepared by a licensed landscape architect or other professional approved by the City for replacement of each tree removed as required by the Zoning
10.2.g
Packet Pg. 785
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.90 Revised Preliminary Draft – October 2024
87 Administrator or other applicable City decision-making body. The planting plan shall include replacement trees as required in accordance with Subsection G and shall conform with ANSI A-300 Standard Part XXX (Planting). [Source: 18.50.110.C.3]
4. Provisions to ensure ongoing maintenance of any required replacement trees. [Source:
18.50.110.C.4]
18.90.060 Performance Security
To ensure the safety and well-being of existing protected trees that may be impacted by grading or construction and/or any replacement trees required to be planted in accordance with this Chapter, the Zoning Administrator or other applicable review authority may, at its discretion, require an applicant to post a cash deposit or other performance security acceptable to the City guaranteeing that each such tree will be protected against harm from grading or construction and will be adequately maintained. The performance security shall be posted with the Zoning Administrator before issuance of grading permits and shall be governed by the following provisions: [Source: 18.50.110.D] A. The Zoning Administrator shall establish the amount of the performance security which shall be equal to the estimated value of the protected trees. [Source: 18.50.110.D.1] B. The performance security shall remain in effect for a period of five years, or two years for singlefamily residential sites following the date of final inspection and acceptance of the development project by the City. [Source: 18.50.110.D.2]
C. The performance security shall provide that if the City determines that a protected tree has been removed, permanently damaged, or destroyed due to development activity during the effective period of the performance security, the City is entitled to recover the face amount of the performance security. [Source: 18.50.110.D.3]
D. At the expiration of the effective period of the performance security, if the city determines that the protected trees have not been removed, permanently damaged, or destroyed due to development activity, the performance security shall be refunded, or the surety bond terminated. [Source: 18.50.110.D.4, modified]
18.90.070 Heritage Trees
Notwithstanding any other provisions of this Chapter, a tree which is enrolled in the City’s Heritage Tree Program may not be removed, relocated, damaged, or demolished, and no permit or tree preservation and replacement plan authorizing such action may be issued, unless the Zoning Administrator or other applicable City decision-making body determines that the tree poses a hazard to property or danger of disease or infection to surrounding healthy trees. [Source: 18.50.110.E, modified] A. Eligibility. Any native or indigenous tree in the city with a trunk diameter measurement of 16 inches or more or any tree grouping in the city with at least one tree of this diameter is eligible for enrollment in the Heritage Tree Program, with the consent of the property owner. [Source:
18.50.110.E.1]
B. Enrollment. The Zoning Administrator shall review and approve applications for enrollment in the Heritage Tree Program unless an eligible tree or tree grouping is unhealthy and cannot be saved. Upon approval of an application, the Zoning Administrator shall: [Source: 18.50.110.E.2]
10.2.g
Packet Pg. 786
Chapter 18.90 Tree Preservation
88 1. Record the location and the plant number of each tree or tree grouping. [Source:
18.50.110.E.2.a]
2. Obtain a color photograph of the tree or tree grouping at the time of its enrollment. [Source: 18.50.110.E.2.b]
3. Affix a plaque on the tree or tree grouping identifying: [Source: 18.50.110.E.2.c] a. The scientific name of the tree(s); [Source: 18.50.110.E.2.c.i] b. The common name of the tree(s); [Source: 18.50.110.E.2.c.ii] c. The plaque number (i.e., Heritage Tree No. ____); and [Source:
18.50.110.E.2.c.iii]
d. The name of the owner. [Source: 18.50.110.E.2.c.iv]
4. Award a certificate to each property owner enrolling a tree or tree grouping in the program, expressing the appreciation of the City and its citizens. [Source:
18.50.110.E.2.d]
18.90.080 Conditions of Approval
The Zoning Administrator or other applicable review authority may impose reasonable conditions of approval on a tree removal permit, consistent with the purposes of this Chapter, to ensure safe and unobtrusive tree removal, replacement, relocation, and demolition; maintenance of replacement trees; and protection of trees not approved to be removed. It shall be a violation of this Chapter for any property owner or agent of the owner to fail to comply with any condition of approval or other requirement in accordance with this Chapter. [Source: 18.50.070.F]
18.90.090 Penalties
In addition to all other remedies established in the municipal code or otherwise provided by law, the following remedies shall be available to the City for violation of this Chapter: [Source: 18.50.110.H] A. For unlawful removal or damage of a native oak tree or heritage tree, a civil penalty may be imposed at the discretion of the City in an amount not to exceed $1,000 per tree unlawfully removed or damaged, or the replacement value of each such tree. Such amount shall be payable to the City. Failure to pay this penalty may result in imposition of a lien or special assessment on the property in the amount of the penalty and any additional costs incurred by the City in addressing the violation. [Source: 18.50.110.H.1] B. Replacement value for the purposes of this Section shall be determined utilizing “trunk formula method” as specified in the most recent edition of the Guide for Plant Appraisal, published by the International Society of Arboriculture. [Source: 18.50.110.H.1]
18.90.100 Referral
The Zoning Administrator may refer any tree removal permit application directly to the Planning Commission (or Architectural Review Commission if the removal is on a site with a landscape plan previously approved by the Architectural Review Commission). [Source: 18.50.110.I]
10.2.g
Packet Pg. 787
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.90 Revised Preliminary Draft – October 2024
89 18.90.110 Tree Removal Permit Expiration
An approved Tree Removal Permit shall be valid for a period of 12 months from the approval date, unless the tree is removed, or the permit is renewed by the Zoning Administrator or other review authority that originally approved the permit. [Source: 18.50.110.J]
18.90.120 Appeals
Any decision to approve or deny a Tree Removal Permit may be appealed by the applicant or any interested party in accordance with the procedures specified in Chapter 18.175 (Appeals and Calls for Review). [Source: 18.50.110.K]
10.2.g
Packet Pg. 788
Chapter 18.95 Water-Efficient Landscaping
90 Chapter 18.95
Water-Efficient Landscaping
10.2.g
Packet Pg. 789
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.95 Revised Preliminary Draft – October 2024
91 Chapter 18.95 Water-Efficient Landscaping
Sections
18.95.010 Purpose and Applicability
18.95.020 Forms – Zoning Administrator Review
18.95.030 Submittal Requirements
18.95.040 Water-Efficient Landscape Standards
18.95.050 Landscape Plan Requirements
18.95.060 Landscape Water Irrigation Audit
18.95.070 Certifications
18.95.080 Landscape and Irrigation Maintenance Schedule
18.95.090 Provisions for Existing Landscaping
18.95.100 Disclosures
18.95.110 Fees
18.95.120 Irrigation Efficiency
18.95.130 Reporting
18.95.010 Purpose and Applicability
A. Purpose. The purpose of this Chapter is to establish standards for landscape design and development that employ water-efficient design and management in a citywide effort to conserve water, because water is a limited resource which must be managed and used efficiently. Efficient water use can be increased through proper landscape design and management. The right to use water is limited to the amount reasonably required for the beneficial use to be served and the right does not and shall not extend to waste or unreasonable method of use The regulations of this Chapter are established in compliance with State law that requires all California jurisdictions to either adopt the State model waterefficient landscape ordinance or adopt a local ordinance that is at least as effective as the State ordinance. This Chapter conforms to the requirements of the State Water Conservation in Landscaping Act (Government Code Sections 65591 through 65599) and is at least as effective as the updated State model ordinance [Source: 18.52.010] B. Applicability. This Chapter applies to the following landscaping projects: [Source: 18.52.030]
1. A water-efficient landscape plan approval is required projects in all zoning districts that:
a. Propose the creation of 500 square feet or more of landscape area proposed in conjunction with a Zoning Permit, Building Permit, Grading Permit, Plan Check, or Architectural Review Permit. [Source: 18.52.030.A]
10.2.g
Packet Pg. 790
Chapter 18.95 Water-Efficient Landscaping
92 b. Propose the rehabilitation of 2,500 square feet or more of landscaping proposed in conjunction with a Zoning Permit, Building Permit, Grading Permit, Plan Check, or Architectural Review Permit. [Source: 18.52.030.B]
2. For projects using treated or untreated graywater or rainwater captured on site, any lot within the project that has less than 2,500 square feet of landscape and meets the lot’s landscape water requirement (estimated total water use) entirely with treated or untreated graywater or through stored rainwater captured on site is subject only to Section E of the Prescriptive Compliance Option maintained by the Zoning Administrator. [Source: 18.52.030.C]
3. Any project with an aggregate landscape area of 2,500 square feet or less, and proposed in conjunction with a Zoning Permit, Building Permit, Grading Permit, Plan Check, or Architectural Review Permit, may comply with either the requirements of this Chapter or with the Prescriptive Compliance Option maintained by the Zoning Administrator. [Source: 18.52.030.D]
4. Section 18.95.090 (Provisions for Existing Landscaping) and Section 18.95.100 (Disclosures) apply to existing landscaping. [Source: 18.52.030.E]
5. The standards of this Chapter do not apply to: [Source: 18.52.030.G] a. A landscaped area that is only temporarily irrigated for establishment purposes, or a landscaped area that is not irrigated with a permanent irrigation system. [Source: 18.52.030.G.1]
b. Registered local, State, or Federal historical sites, as determined by the Planning Commission or City Council. [Source: 18.52.030.G.2] c. An existing community garden, botanical garden or arboretum open to the public. [Source: 18.52.030.G.3]
C. Landscaped Area. For the purposes of this Chapter, decorative hardscape, mulch, and/or pervious pavement areas in all nonresidential zoning districts shall be treated as landscape areas (credited for up to 50 percent of required project landscaped area subject to Architectural Review Commission or Planning Commission approval) as part of a proposed project. [Source:
18.52.030.F]
18.95.020 Forms – Zoning Administrator Review
A. Forms. The Zoning Administrator shall develop detailed application and certification requirements consistent with 43 Cal. Code of Regs. § 490 et seq., including but not limited to:
[Source: 18.52.040.A]
1. Definitions (Appendix A to this Chapter); [Source: 18.52.040.A.1]
2. Water efficient landscape worksheet (Appendix B to this Chapter); [Source:
18.52.040.A.2]
3. Certificate of compliance: landscape design sheet (Appendix C to this Chapter); [Source: 18.52.040.A.3]
10.2.g
Packet Pg. 791
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.95 Revised Preliminary Draft – October 2024
93 4. Certificate of compliance: landscape installation sheet (Appendix D to this Chapter); [Source: 18.52.040.A.4]
5. Certificate of compliance: landscape maintenance sheet (Appendix E to this Chapter); [Source: 18.52.040.A.5]
6. Prescriptive compliance option (Appendix F to this Chapter). [Source: 18.52.040.A.6] B. Zoning Administrator Review. A Water-Efficient Landscape Plan, when applicable, shall be reviewed in conjunction with any applicable zoning approval, Building Permit, Architectural Review Permit, Development Plan, Planned Unit Development, Use Permit, or Subdivision.
The Zoning Administrator shall review each water-efficient landscape plan submittal for compliance with the provisions of this Chapter and may withhold issuance of a Zoning Permit, Building Permit, or Grading Permit for which its related landscape plan indicates an estimated total water use that exceeds the maximum applied water allowance for a proposed landscape, or is otherwise not in compliance with this Chapter. [Source: 18.52.040.B]
18.95.030 Submittal Requirements
A. General Requirements. An applicant requesting approval for any project that is subject to this Chapter shall submit a Water-Efficient Landscape application package, on forms provided by the Planning Division, before any grading or construction can begin on the proposed site. The landscape application package shall include all the following: [Source: 18.52.050.A, modified]
1. A project information sheet identifying the applicant’s name and description of the project, including location, type of development, source of irrigation water, total landscape area, and area of landscape to be rehabilitated. [Source: 18.52.050.A.1]
2. Certifications as required in Section 18.95.070 (Certifications). [Source: 18.52.050.A.2]
3. Water efficient landscape worksheet with calculations of the maximum applied water allowance and estimated total water use of the proposed landscape plan. [Source:
18.52.050.A.3]
4. Landscape and irrigation plan prepared in accordance with Section 18.95.040 (WaterEfficient Landscape Standards) and Section 18.95.050 (Landscape Plan Requirements). [Source: 18.52.050.A.4]
5. Maintenance schedule prepared consistent with the provisions of Section 18.95.080 (Landscape and Irrigation Maintenance Schedule). [Source: 18.52.050.A.5]
6. Soil management report. [Source: 18.52.050.A.6]
B. Waiver for Low Water Use Landscapes. The Zoning Administrator may waive the requirement for submittal of the water efficient landscape worksheet required by this Section; provided, that the landscape plan meets all the following requirements: [Source: 18.52.050.B]
1. Does not include any water features with more than 100 square feet of total surface area. [Source: 18.52.050.B.1]
2. Does not include any turf or other plants identified as medium or high water use in Water Use Classification of Landscape Species (WUCOLS), unless they qualify as special landscape area. [Source: 18.52.050.B.2]
10.2.g
Packet Pg. 792
Chapter 18.95 Water-Efficient Landscaping
94 18.95.040 Water-Efficient Landscape Standards
The proposed landscape shall be creative and incorporate a variety of plantings to avoid uniformity and similar landscape designs. The landscape plan shall meet the following: [Source: 18.52.060] A. Required Elements. The landscape plan shall address all the following topics: [Source:
18.52.060.A]
1. Plant materials; [Source: 18.52.060.A.1]
2. Irrigation system design; [Source: 18.52.060.A.2]
3. Water features; and [Source: 18.52.060.A.3]
4. Grading and soil preparation. [Source: 18.52.060.A.4] B. The landscape plan shall be subject to the requirements of the Landscape Design Certificate of Compliance form maintained by the Zoning Administrator. [Source: 18.52.060.B]
18.95.050 Landscape Plan Requirements
The water-efficient landscape plan shall demonstrate that all the water-efficient landscape standards of Section 18.95.040 (Water-Efficient Landscape Standards) have been met. The plan shall include details and specifications reflecting best management practices for water-efficient landscape design. [Source: 18.52.070]
A. Planting Plan. The planting plan shall include information identified in the Landscape Design Certificate of Compliance form. [Source: 18.52.070.A]
B. Irrigation Plan. The irrigation plan shall include information identified in the Landscape Design Certificate of Compliance form. [Source: 18.52.070.B]
C. NPDES. The proposed landscape plan shall comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) intended to implement stormwater best management practices into the planting, irrigation, and grading plans to minimize runoff and to increase on-site retention and infiltration. [Source: 18.52.070.C]
18.95.060 Landscape Water Irrigation Audit
A landscape water audit shall be completed as specified in this Section to ensure that the installed landscape meets the requirements of this Chapter. [Source: 18.52.080] A. General Requirement. The City Landscape Irrigation Auditor or an independent third-party certified irrigation system auditor shall have an audit completed within 30 calendar days after completion of the landscape installation. Landscape audits shall not be conducted by the person who designed the landscape or installed the landscape. Large projects or projects with multiple landscape installations shall complete at least one audit for every seven lots or approximately 15 percent of the project. [Source: 18.52.080.A] B. Repair or Correction. The City or independent third-party certified irrigation system auditor shall inform the applicant or owner of all the areas where the landscape project does not conform to this Chapter. This shall include, but is not limited to, all items listed on the Certificates of Compliance required for the project. The applicant or property owner shall repair or correct the
10.2.g
Packet Pg. 793
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.95 Revised Preliminary Draft – October 2024
95 noncompliance issues and the lot shall be re-audited for compliance within 30 calendar days of receipt of report from certified irrigation system auditor. [Source: 18.52.080.B]
18.95.070 Certifications
A. Applicability. Before final permit inspection or issuance of a Certificate of Occupancy for the project, the applicant shall submit completed Certificates of Compliance, on forms provided by the Planning Division, that the landscape has been designed and installed in compliance with the approved water-efficient landscape plan submittal and the requirements of this Chapter. [Source: 18.52.090]
B. Required Certificates of Compliance. The applicant shall submit completed Certificates of Compliance for all the following: [Source: 18.52.090]
1. Landscape Design. The licensed landscape architect, licensed landscape contractor, or any other person(s) authorized by law to design a landscape, who prepared the landscape design, shall complete the Landscape Design Certificate of Compliance form, certifying the landscape has been designed to comply with the criteria of this Section. [Source: 18.52.090.A]
2. Landscape Installation. The applicant shall complete the Landscape Installation Certificate of Compliance form, certifying the landscape has been installed, as specified in the landscape plans, and complies with this Section. [Source: 18.52.090.B]
3. Irrigation Installation. The certified irrigation system auditor shall complete the Landscape Installation Certificate of Compliance form certifying the landscape and irrigation system have been installed, including configuring irrigation controllers with application rate, soil types, plant factors, slope, exposure, and any other factors necessary for accurate programming, as specified in the landscape plans, and comply with the criteria of this Section. [Source: 18.52.090.C]
4. Maintenance. The maintenance contractor/person for a landscape project(s) involving more than one single-family residence, or the property owner/resident for a landscape project for an individual single-family residence, shall complete the Landscape Maintenance Certificate of Compliance, certifying the landscape maintenance contractor, or person responsible for maintenance, agrees to manage the property using less water than the maximum applied water allowance. [Source: 18.52.090.D]
18.95.080 Landscape and Irrigation Maintenance Schedule The applicant shall develop a landscape maintenance specification and schedule for the landscape project that is consistent with the most recent acceptable best management practices for landscape maintenance. Schedules shall be submitted with the Landscape Maintenance Certificate of Compliance in accordance with Section 18.95.070 (Certifications) and shall specify, at a minimum: [Source:
18.52.100]
A. An annual landscape maintenance schedule including at least the following:
1. Routine inspection;
2. Auditing, adjustment, and repair of the irrigation system and its components;
10.2.g
Packet Pg. 794
Chapter 18.95 Water-Efficient Landscaping
96 3. Aerating turf areas;
4. Topdressing with compost, replenishing mulch;
5. Seasonal pruning;
6. Weeding in all landscape areas; and
7. Removing obstructions to emission devices. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. [Source:
18.52.100.A]
B. Repair of all irrigation equipment shall be done with the originally installed components or their equivalents or with components of greater efficiency. [Source: 18.52.100.B] C. Project shall be irrigated so that total annual water applied is less than or equal to the maximum applied water allowance (MAWA), if applicable. [Source: 18.52.100.C]
18.95.090 Provisions for Existing Landscaping
This Section applies to all landscaped areas that were installed before December 1, 2015. [Source:
18.52.110]
A. Each property owner in the city shall ensure the efficient use of landscape water and may utilize resources and services, such as irrigation surveys and landscape water use analysis, that are offered by the local retail or wholesale water utility. [Source: 18.52.110.A] B. Each property owner in the city is encouraged to prevent water waste resulting from inefficient landscape irrigation by limiting landscape irrigation to the hours between 8:00 p.m. and 10:00 a.m.; and by prohibiting runoff from the target landscape areas due to excessive irrigation run times, low head drainage, overspray, or other similar conditions where water flows onto an adjacent property, sidewalk, roadway, parking lot, or structure. Irrigation water runoff from the owner’s property is prohibited. [Source: 18.52.110.B]
C. The additional standards shall apply to existing landscapes installed prior to December 1, 2015, and over one acre in size: [Source: 18.52.110.C]
1. For landscapes that have a water meter, the property owner shall submit to the City (or with agreement with the local water district) irrigation water use analysis/audits to evaluate water use and include recommendations to reduce landscape water use to a level that does not exceed the maximum applied water allowance currently in effect. [Source: 18.52.110.C.1]
2. For landscapes that do not have a water meter, the property owner shall submit to the City (or with agreement with the local water district) irrigation water use analysis/audits to evaluate water use and include recommendations to prevent water waste. [Source:
18.52.110.C.2]
18.95.100 Disclosures
A. Model Homes. All new model homes for a single-family residential subdivision or phase of a subdivision shall have front and corner (street) side setbacks that are landscaped in accordance with the provisions of this Chapter. At least one of the model homes shall include
10.2.g
Packet Pg. 795
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.95 Revised Preliminary Draft – October 2024
97 interpretive or informational signage highlighting for visitors the water-efficient landscape principles incorporated into the site landscaping. Signs shall include information about the site water use as designed per this Chapter; specify who designed and installed the water-efficient landscape; and demonstrate low water use approaches to landscaping such as using native plants, graywater systems, and rainwater catchment system. The developer shall make available brochures or other written or graphic media that informs visitors and potential buyers about the principles of water-efficient landscapes, including but not limited to those principles that are described in this Chapter. [Source: 18.52.120.A] B. Architectural Guidelines. This Chapter and the State Water Conservation in Landscaping Act shall preempt any architectural guidelines or covenants, conditions, and restrictions (CC&Rs) of a common interest development which have the effect of prohibiting the use of low water use plants as a group. “Common interest development” includes a homeowner association, community apartment project, condominium, planned development, and stock cooperative. [Source: 18.52.120.B]
C. Providing Information. For a landscape project subject to this, the property owner/resident is required to provide the following information to a subsequent site landscape maintenance company, new tenant, or owner at transfer of ownership or maintenance responsibility: [Source:
18.52.120.C]
1. Irrigation controller map; [Source: 18.52.120.C.1]
2. Programming table; and [Source: 18.52.120.C.2]
3. Annual maintenance schedules based on a water budget. [Source: 18.52.120.C.3]
18.95.110 Fees
An applicant subject to this Chapter shall pay submittal fees in the amount established by resolution of the City Council. [Source: 18.52.130]
18.95.120 Irrigation Efficiency
For the purpose of determining estimated total water use, average irrigation efficiency is assumed to be 0.75 for overhead spray devices and 0.81 for drip system devices. [Source: 18.52.140]
18.95.130 Reporting
The City shall report by January 31st of each calendar year to the Department of Water Resources and shall address the following: [Source: 18.52.150]
A. Note whether a single agency ordinance or a regional agency alliance ordinance was adopted, and the date of adoption or anticipated date of adoption. [Source: 18.52.150.A] B. Define the reporting period (calendar year). [Source: 18.52.150.B] C. Note if a locally modified water-efficient landscape ordinance (WELO) or the MWELO is being used. If using a locally modified WELO, how is it different than MWELO, is it at least as efficient as MWELO, and note any exemptions specified. [Source: 18.52.150.C, modified] D. Note the entity responsible for implementing the ordinance. [Source: 18.52.150.D]
10.2.g
Packet Pg. 796
Chapter 18.95 Water-Efficient Landscaping
98 E. Note the number and types of projects subject to the ordinance during the specified reporting period. [Source: 18.52.150.E]
F. Note the total area (in square feet or acres) subject to the ordinance over the reporting period, if available. [Source: 18.52.150.F]
G. Note the number of new housing starts, new commercial projects, and landscape retrofits during the reporting period. [Source: 18.52.150.G]
H. Describe the procedure for review of projects subject to the ordinance. [Source: 18.52.150.H] I. Identify actions taken to verify compliance. [Source: 18.52.150.I] J. Identify enforcement measures. [Source: 18.52.150.J] K. Explain challenges to implementing and enforcing the ordinance. [Source: 18.52.150.K] L. Note educational and other needs to properly apply the ordinance. [Source: 18.52.150.L]
10.2.g
Packet Pg. 797
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.100 Revised Preliminary Draft – October 2024
99 Chapter 18.100
Wireless Telecommunications
10.2.g
Packet Pg. 798
Chapter 18.100 Wireless Telecommunications
100
Chapter 18.100 Wireless Telecommunications
Sections
18.100.010 Purpose and Applicability
18.100.020 Exemptions
18.100.030 Permits Required
18.100.040 Application Submittal Requirements
18.100.050 Findings
18.100.060 General Development Standards
18.100.070 Nonconforming Provisions
18.100.080 Exceptions
18.100.090 Standard Conditions of Approval
18.100.100 Conditions of Approval for Section 6409(a) Modifications
18.100.110 Timing of Review
18.100.120 Peer Review
18.100.130 Decision
18.100.140 Revocation
18.100.150 Appeal
18.100.010 Purpose and Applicability
A. Purpose. The purpose of this Chapter is to establish standards for antennas and wireless telecommunications facilities. These regulations are intended to provide for the managed development of antennas and wireless telecommunications facilities in a manner that recognizes and enhances the community benefits of wireless telecommunications technology and reasonably accommodates the needs of citizens and wireless telecommunications service providers in accordance with Federal and State rules and regulations. These regulations also intend to protect neighbors from potential adverse impacts of such facilities, and to preserve the visual character of the established community through appropriate design, siting, screening, maintenance, and location standards. [Source: 18.67.010] B. Applicability. The standards of this Chapter shall apply to any wireless telecommunication facilities, antennas, and structures for which land use approval is required, except for those facilities specified in Section 18.100.020 (Exemptions). [Source: NEW]
18.100.020 Exemptions
Each exempt facility listed in this Section shall fully comply with all other applicable requirements of the Municipal Code to the extent not specially exempted in this Section, including but not limited to the adopted uniform codes, including, Building Code, Electrical Code, Plumbing Code, Mechanical Code, and Fire Code. [Source: 18.67.110]
10.2.g
Packet Pg. 799
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.100 Revised Preliminary Draft – October 2024
101
A. The requirements of this Chapter do not apply to antennas or antenna structures established in this Section, unless otherwise noted in this Chapter.
B. Over-the-Air Reception Devices (OTARD) Antennas. [Source: 18.67.110.A]
1. Satellite Dishes 39.37 Inches (one meter) or Less. Direct broadcast satellite (DBS) antennas and multipoint distribution services (MDS) antennas measuring one meter or less in diameter and are either: [Source: 18.67.110.A.1] a. Intended for the sole use of a person occupying the same lot to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite; or [Source:
18.67.110.A.1]
b. A hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services. [Source: 18.67.110.A.1]
2. Non-Satellite Dishes 39.37 Inches (one meter) or Less. Non-satellite dish antennas measuring one meter or less in diameter and are either: [Source: 18.67.110.A.2] a. Intended for the sole use of a person occupying the same lot to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite; or [Source: 18.67.110.A.2] b. A hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services. [Source: 18.67.110.A.2]
3. Television Broadcast System (TVBS) Antennas. TVBS antennas are exempt provided that all the following are true: [Source: 18.67.110.A.3] a. The antenna is located entirely on and/or above the subject property; and [Source: 18.67.110.A.3]
b. No portion of any ground-mounted antenna is within a required front setback for the main building, in front of the main building, within a required side setback of a corner lot, or adjacent to a street. [Source: 18.67.110.A.3] C. Satellite Earth Station (SES) Antennas. SES antennas measuring two meters or less in diameter located on a property within any commercial or industrial zoning district that comply with all the following provisions. SES antennas are not exempt from obtaining a Building Permit and Zoning Permit for review of placement to ensure that maximum safety is maintained. [Source: 18.67.110.B]
1. The antenna is located entirely on and/or above the subject property; and [Source:
18.67.110.B]
2. No portion of any ground-mounted antenna is within a required front setback for the main building, in front of the main building, within a required side setback of a corner lot or adjacent to a street. [Source: 18.67.110.B]
10.2.g
Packet Pg. 800
Chapter 18.100 Wireless Telecommunications
102
D. Amateur Radio Antennas. Antennas and antenna structures constructed by or for FCClicensed amateur radio operators that comply with all the following provisions. Such an antenna or antenna structure is not exempt from obtaining a Building Permit and Zoning Permit for review of placement to ensure that maximum safety is maintained. [Source: 18.67.110.C]
1. The antenna structure, when fully extended, measures 35 feet or less in height, and measures 24 inches or less in diameter or width; [Source: 18.67.110.C.1]
2. The antenna boom measures 20 feet or less in length and is three inches or less in diameter; [Source: 18.67.110.C.2]
3. No antenna element exceeds 32 feet in length or two inches in diameter or width, except for mid-element tuning devices which shall not exceed six inches in diameter or width; and [Source: 18.67.110.C.3]
4. The turning radius of any antenna does not exceed 26 feet. [Source: 18.67.110.C.4]
5. All antennas and antenna structures shall comply with Section 18.100.060 (General Development Standards), and other applicable provisions of the municipal code. [Source: 18.67.110.C.5]
E. Public Safety Facilities. Telecommunications facilities used only for public safety or other noncommercial governmental functions, including personal wireless services, used and maintained by the City, or any fire district, school district, hospital, ambulance service, governmental agency, or similar public or semipublic use. [Source: 18.67.110.D] F. Temporary Mobile Facilities. Mobile facilities placed on a site for less than seven consecutive calendar days, provided any other necessary permits are obtained. [Source: 18.67.110.E] G. Collocation Facilities. A proposed collocation facility that meets all of the requirements of California Government Code Section 65850.6. [Source: 18.67.110.F] H. Emergency Facilities. Wireless telecommunications facilities erected and operated for emergency situations, as designated by the Police Chief or City Manager, so long as the facility is removed at the conclusion of the emergency. [Source: 18.67.110.G]
18.100.030 Permits Required
Telecommunication facilities, antennas, and structures shall obtain the following applicable permits unless exempt under Section 18.100.020 (Exemptions). [Source: 18.67.120] A. If the facility, antenna, or structure will be located in the public right-of-way, the following permits are required. [Source: 18.67.120.A]
1. Encroachment Permit.
a. An Encroachment Permit shall be required for any facility located within the public right-of-way other than a qualifying Federal Communications Commission (FCC) Section 6409(a) Modification. Applications for facilities within the public right-of-way are subject to review and approval by the City Engineer. an Encroachment Permit for a facility shall only be approved if the facility is in substantial conformance with the applicable general development standards in Section 18.100.060 (General Development Standards) and the
10.2.g
Packet Pg. 801
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.100 Revised Preliminary Draft – October 2024
103
“Guidelines for Wireless Communications Facilities” within the public right-ofway. Exceptions or deviations from the guidelines may be granted at the discretion of the City Engineer the findings for approval of an exception/deviation as established in Section 18.100.080 (Exceptions) are satisfied. The processing of an encroachment permit for purposes of a wireless telecommunications facility shall be subject to full cost recovery for city staff time processing the permit. [Source: 18.67.120.A.1 and 18.67.120.A.4] b. An Encroachment Permit shall be required for accessing, working, or staging within the public right-of-way or on city-owned public property for the purposes of constructing a wireless telecommunications facility. [Source: 18.67.120.A.6]
2. Zoning Permit. A Zoning Permit shall be required for any Section 6409(a) modification.
Applications for Zoning Permits for a Section 6409(a) modification within the public right-of-way are subject to review and approval by the City Engineer. [Source:
18.67.120.A.2]
3. License. A license entered into with the City shall be required for use of any City-owned property within the public right-of-way. [Source: 18.67.120.A.3]
4. Building Permit. A Building Permit shall be required for any wireless telecommunications facility or modification thereof, unless it is specifically exempted. [Source: 18.67.120.A.5]
B. Encroachment Permit for Construction. An Encroachment Permit shall be required for accessing, working, or staging within the public right-of-way or on city-owned public property. [Source: 18.67.120.A.6]Private Property and Public Property (excluding public right-of-way). [Source: 18.67.120.B]
1. Architectural Review Permit. An Architectural Review Permit is required for the following facilities: [Source: 18.67.120.B.1]
a. A monopole or any other antenna structure constructed by or for an FCClicensed amateur radio operator which, when fully extended, is between 35 and 60 feet in height, and/or has a turning radius exceeding 26 feet (when the antennas are rotated). [Source: 18.67.120.B.1.a]
b. A wireless telecommunications facility other than a Section 6409(a) modification, or an application for a small wireless facility collocation. [Source:
18.67.120.B.1.b]
2. Minor Use Permit. A Minor Use Permit shall be required for any wireless telecommunications facility that is a small wireless facility involving a new or replacement structure or that involves the collocation of a personal wireless services facility that is not a Section 6409(a) modification. The Zoning Administrator shall administratively review, process, conditionally approve or deny an application for a Minor Use Permit in accordance with the procedures established in Chapter 18.___ (Use Permit). [Source: 18.67.120.B.2]
10.2.g
Packet Pg. 802
Chapter 18.100 Wireless Telecommunications
104
3. Zoning Permit. A Zoning Permit shall be required for any Section 6409(a) modification.
No Architectural Review Permit shall be required for a Section 6409(a) modification. [Source: 18.67.120.B.3]
4. Use Permit. A Use Permit is required for the installation of: [Source: 18.67.120.B.4] a. An amateur radio antenna that is not exempt under this Chapter, when fully extended, exceeds 60 feet in height. [Source: 18.67.120.B.4.a] b. Any wireless telecommunications facility, monopole, or any other antenna structure constructed by or for a personal wireless services provider, not otherwise covered in this Section. [Source: 18.67.120.B.4.b]
5. Building Permit. A Building Permit shall be required for any wireless telecommunications facility or modification thereof, unless it is specifically exempted. [Source: 18.67.120.B.5]
6. Encroachment Permit. An Encroachment Permit shall be required for accessing, working, or staging within the public right-of-way or on City-owned public property. [Source: 18.67.120.B.6]
7. License/Lease. A lease or license entered into with the city shall be required for any facility located within or upon City-owned public property. [Source: 18.67.120.B.7] C. Temporary Use Permit. A Temporary Use Permit is required for the installation of any wireless telecommunications facility intended or used to provide personal wireless services on a temporary or emergency basis, such as a large-scale special event in which more users than usual gather in a single location or following a duly proclaimed local or state emergency as defined in Government Code Section 8558 requiring additional service capabilities for a period not to exceed 90 consecutive calendar days. [Source: 18.67.120.C]
18.100.040 Application Submittal Requirements
An applicant seeking approval for a wireless telecommunications facility or a modification to a preexisting wireless telecommunications facility in accordance with this Chapter shall complete and submit an application to the Planning Division for review and processing, upon the approved form. [Source: 18.67.130]
18.100.050 Findings
In addition to the required findings for the applicable permit under Part 4 (Permit and Entitlement Processing Procedures), the review authority responsible for reviewing an entitlement permit in accordance with this Chapter may approve the permit only upon making one of the following findings:
A. Any and all applicable requirements in this Chapter have been satisfied; or B. To the extent the proposed wireless telecommunications facility does not comply with all applicable requirements, the applicant has requested an exception in accordance with Chapter
18.100.080 (Exceptions) and the findings for granting an exception can be made. [Source:
18.67.140]
10.2.g
Packet Pg. 803
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.100 Revised Preliminary Draft – October 2024
105
18.100.060 General Development Standards
A. General Development Standards. Each wireless telecommunications facility located on private property shall be designed, installed, and operated in compliance with these development standards, unless specifically stated otherwise in this Section.
1. Limited Requirements. Wireless telecommunication facilities approved under a Zoning Permit for a Section 6409(a) modification or an Encroachment Permit for facilities in a public right-of-way shall only be required to comply with the development standards in Paragraphs 1.b, 2.h, 3, 6, 9, and 10 of this Subsection. [Source: 18.67.150.A]
2. Location Requirements. [Source: 18.67.150.A.1]
a. Zoning Districts. No more than one monopole or any other antenna structure is permitted on any lot in a residential zoning district. A wireless telecommunications facility may be allowed in the Downtown Specific Plan area and the Contra Costa Center Specific Plan area and other future specific plan areas if listed as an allowed use within the approved specific plan. [Source: 18.67.150.A.1.a]
b. Airport Safety Zones. A wireless telecommunications facility shall not be installed within Airport Safety Zones 2, 3, or 4 for Buchanan Field, as identified in the General Plan, or for any other airport or heliport, unless the Airport Operator and the Airport Land Use Commission indicate in writing that the facility would not adversely impact airport operations. [Source:
18.67.150.A.1.b]
c. Collocation. Facilities owned by multiple wireless telecommunications providers shall be collocated on a single tower, monopole or building to the extent technically feasible and aesthetically desirable to minimize proliferation and visual impacts of new facilities. [Source: 18.67.150.A.1.c] d. Visibility from Public Places.
i. A wireless telecommunications facility installed in a location readily visible from a public trail, public park, or other publicly owned outdoor recreation area shall be sited and designed to be effectively unnoticeable within the existing natural and/or manmade environment. [Source: 18.67.150.A.1.d]
ii. The smallest and least visible antennas possible should be installed which will reasonably accommodate the operator’s communication needs. [Source: 18.67.150.A.1.d]
iii. The City shall retain the authority to limit the number of antennas and related equipment at any site to minimize potential visual impacts. [Source: 18.67.150.A.1.d]
e. Setbacks. A wireless telecommunications facility and any related groundmounted equipment shall not be located in the front or street side setback of any lot, or within 200 feet of a lot with a residential use. The 200-foot linear
10.2.g
Packet Pg. 804
Chapter 18.100 Wireless Telecommunications
106
measurement shall be taken from the base of any antenna structure, any structure that is supporting antennas, and/or any ground-mounted support equipment to the nearest property line of the residential use. [Source:
18.67.150.A.1.e]
3. Screening and Design Requirements. [Source: 18.67.150.A.2] a. Antennas. Antennas, antenna structures, and related equipment shall incorporate architectural, landscape, color, and/or other treatments to minimize potential visual impacts. [Source: 18.67.150.A.2.a] b. Natural Appearance. Ground-mounted facilities shall be screened with natural vegetation or designed as a stealth facility. Examples include a water tank, artificial tree, and rocks. Existing and new landscaping materials, especially trees, shall be used where possible to screen antenna and antenna towers from off-site views. [Source: 18.67.150.A.2.b]
c. Glare. All exterior surfaces of the facility shall be constructed or treated with nonglare and nonreflective material. [Source: 18.67.150.A.2.c] d. Blending with Architecture. Building-mounted antennas shall be in scale and architecturally integrated with the building design in such a manner as to be visually unobtrusive. This shall include use of complementary materials and complementary colored paint. Screening may include locating the facility or equipment within attics, steeples, cupolas, and towers or within a new architectural addition to a building or structure which is architecturally compatible with the building. Applicants are also encouraged to design wireless telecommunications facilities to serve as public art, particularly those in commercial, office, or retail zoning districts. [Source: 18.67.150.A.2.d] e. Specific Plan Areas. Within any specific plan area, all wireless telecommunications facilities shall be completely screened from the view of surrounding properties. Appropriate locations may include inside attic spaces, steeples, cupolas, towers, below parapets, or concealed in architectural features. [Source: 18.67.150.A.2.e]
f. Exterior Lighting. Exterior lighting is limited to: [Source: 18.67.150.A.2.f] i. One exterior light with a maximum wattage of 100 watts over a door to equipment sheds. Light fixtures shall be equipped with cutoff lenses to minimize spill-over of light to adjacent properties; and [Source:
18.67.150.A.2.f.i]
ii. Other lights required by the Federal Aviation Administration (FAA) for communications facilities within Airport Safety Zones 2, 3 and 4. [Source: 18.67.150.A.2.f.ii]
g. Wall- and Building-Mounted Facility Dimension Standards. [Source:
18.67.150.A.2.g]
10.2.g
Packet Pg. 805
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.100 Revised Preliminary Draft – October 2024
107
i. Roof-Mounted Antennas. Roof-mounted antennas shall be set back from the edge of the roof a distance at least as great as the height of the antenna. [Source: 18.67.150.A.2.g.i]
ii. Wall-Mounted Antennas. Wall-mounted antennas shall not exceed a total of 50 square feet per buildingface. [Source: 18.67.150.A.2.g.ii] h. Unauthorized Access. All facilities shall be designed to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions which would result in hazardous conditions, visual blight, or attractive nuisances. [Source: 18.67.150.A.2.h]
4. Noise Standards. Each facility shall be operated in such a manner to minimize any noise impacts. The maximum noise generation limit for communications facilities and transmission equipment is 50 decibels (measured on the CNEL scale) measured 10 feet from any noise-generating use on the site. Final building plans for new and remodeled facilities shall include a letter from a qualified acoustical engineer certifying that building plans comply with this standard. [Source: 18.67.150.A.3]
5. Height. A wireless telecommunications facility, whether building- or ground-mounted, shall be no taller than 12 feet above the maximum allowed height limit of the main building in the zoning district in which the facility is located. [Source: 18.67.150.A.4]
6. Undergrounding. Extensions of electrical and telecommunications landlines to serve wireless telecommunications facilities shall be undergrounded. [Source:
18.67.150.A.5]
7. Signs. Wireless telecommunications facilities shall include the installation of allweather emergency information signs on-site in a reasonably visible location. Each sign shall indicate, at minimum, the site address and a 24-hour emergency contact phone number. [Source: 18.67.150.A.6]
8. Service Roads. Existing roads and easements shall be used to the extent feasible.
New service roads shall be limited to a width of 10 feet, unless a wider road is deemed necessary by the City or the Contra Costa Fire Protection District. [Source:
18.67.150.A.7]
9. Landscaping and Tree Preservation. [Source: 18.67.150.A.8] a. Landscape Plan. Any existing trees or significant vegetation shall be retained as part of an approved landscape plan for the project. [Source:
18.67.150.A.8.a]
b. Protection. Before commencement of work, existing trees in the vicinity of the facility and along any access roads and trenching areas shall be protected from damage with temporary construction fencing or other methods approved by the Zoning Administrator. Grading, cutting or filling is prohibited in the dripline of any tree required to be preserved. Underground lines shall be located to minimize damage to tree roots. [Source: 18.67.150.A.8.b]
10.2.g
Packet Pg. 806
Chapter 18.100 Wireless Telecommunications
108
c. Restoration. All areas disturbed during project construction shall be revegetated with similar plant material before issuance of a certificate of occupancy. [Source: 18.67.150.A.8.c]
10. Compliance with Laws. All wireless telecommunications facilities shall comply with the applicable provisions of this Chapter as well as the Building Code, Electrical Code, Plumbing Code, Mechanical Code, Fire Code, and rules and regulations imposed by State and Federal agencies. All wireless telecommunications facilities shall meet current standards and regulations of the FCC, California Public Utilities Commission (CPUC), and any other agencies with authority to regulate wireless telecommunications service providers. If existing standards or regulations are changed, the applicant shall bring its facility into compliance with the new standards within 90 calendar days of the effective date of such standards, unless otherwise mandated by the Federal or State agency. Changes to approved projects are subject to review and approval by the Zoning Administrator or other applicable City decisionmaking body. Failure to comply with adopted new State or Federal requirements shall be grounds for permit revocation in accordance with Section 18.100.150 (Revocation). [Source: 18.67.150.A.9]
11. Public Health. No wireless telecommunications facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to public health. [Source: 18.67.150.A.10, modified] a. No facility or combination of facilities shall produce, at any time, power densities in any inhabited area that exceed the FCC’s maximum permissible exposure (MPE) limits for electric and magnetic field strength and power density for transmitters or any more restrictive standard subsequently adopted or promulgated by the City, County, State, or Federal government. [Source:
18.67.150.A.10]
b. Absolute compliance with FCC Office of Engineering Technology (OET) Bulletin 65, as amended, is mandatory, and any violation of this Chapter shall be grounds for the City to immediately terminate any permit granted under this Chapter, or to order the immediate service termination of any nonpermitted, noncomplying facility constructed within the city. [Source: 18.67.150.A.10]
12. Performance Bond. Before a Building Permit or Electrical Permit is issued, the applicant shall file with the City, and shall maintain in good standing throughout the term of the approval, a performance bond or another form of security approved in advance by the City for the removal of the facility in the event that the use is abandoned or the permit is revoked, terminated, or expires. The security shall be in the amount equal to 100 percent of the cost of physically removing the wireless telecommunications facility and restoring the site to the condition as it existed before the original deployment of the facility and all related facilities and equipment on the site The amount shall be based on the higher of two contractors’ quotes for removal that are provided by the permittee. The permittee shall reimburse the City for staff time associated with the processing and tracking of the bond, based on the hourly rate
10.2.g
Packet Pg. 807
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.100 Revised Preliminary Draft – October 2024
109
adopted by the City Council. Reimbursement shall be paid when the security is posted and during each administrative review. [Source: 18.67.150.A.11] B. Special Provisions for Amateur Radio Antennas and Antenna Structures. In addition to the general development standards in this Section, amateur radio antennas and antenna structures shall comply with the following standards: [Source: 18.67.150.B]
1. Height. The minimum height and size necessary to reasonably accommodate the operator’s communication needs, in accordance with FCC regulations as established in FCC Order “PRB-1.” [Source: 18.67.150.B]
2. Retractable monopoles may be required for antenna structures over 35 feet in height which are in or within 200 feet of a lot with a residential use. The City may require that, at times when not in operation, the monopole be retracted to the lowest elevation possible to maintain a safe clearance above any nearby building, accessory structure, overhead utility, landscaping, and/or any other site improvements. [Source:
18.67.150.B]
18.100.070 Nonconforming Provisions
Any wireless telecommunications facilities existing before April 19, 2017 that are nonconforming to the provisions of this Chapter may continue to be operated, repaired, and maintained but shall not be enlarged, expanded, relocated or modified in a way that increases nonconformance with this Chapter, unless otherwise allowed by Federal law. [Source: 18.67.350]
18.100.080 Exceptions
A. The City Engineer, Zoning Administrator, or other review authority considering the permit application may grant exceptions to the design and location standards for wireless communications facilities subject to this Chapter if it is determined that the denial of an application or strict adherence to the location and design standards would: [Source:
18.67.160.A]
1. Prohibit or effectively prohibit the provision of personal wireless services, within the meaning of Federal law; or [Source: 18.67.160.A.1]
2. Otherwise violate applicable laws or regulations; or [Source: 18.67.160.A.2]
3. Require a technically infeasible location, design, or installation of a wireless facility; [Source: 18.67.160.A.3]
4. Involve only minor noncompliance with a requirement, provided such noncompliance either results in no increase in visual harms to the community or provides other benefits. [Source: 18.67.160.A.4]
B. If the applicant requests an exception and the review authority considering the application finds that an exception is warranted, said requirements may be waived, but only to the minimum extent required to avoid the prohibition, violation, or technically infeasible location, design, installation, or minor nonconformance. [Source: 18.67.160.B]
10.2.g
Packet Pg. 808
Chapter 18.100 Wireless Telecommunications
110
18.100.090 Standard Conditions of Approval
All permits issued under this Chapter shall comply with the conditions of approval established in this Section. The City Engineer, Zoning Administrator, or other review authority considering the permit application under this Chapter shall have discretion to modify, supplement, waive, or amend these conditions on a case-by-case basis as necessary or appropriate under the circumstances to protect public health and safety or allow for the proper operation of the approved facility consistent with the purpose of this Chapter. [Source: 18.67.170]
A. Permit Term. Any permit for a wireless communications facility will automatically expire at 12:01 a.m. local time exactly 10 years and one day from the permit issuance date, except when California Government Code Section 65964(b) authorizes the City to issue a permit with a shorter term. [Source: 18.67.170.A]
B. Code Compliance. The permittee shall maintain compliance with all applicable Federal, State, and local laws and regulations. [Source: 18.67.170.B]
C. Inspections – Emergencies. The City or its designee shall be allowed into the facility area to inspect the facility upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The City reserves the right to enter or direct its designee to enter the facility and support, repair, disable, or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property. [Source: 18.67.170.C] D. Contact Information for Responsible Parties. The permittee shall maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address, and email address for at least one contact person All contact information for responsible parties shall be provided to the Zoning Administrator upon permittee’s receipt of the Zoning Administrator’s written request, except in an emergency determined by the City when all such contact information for responsible parties shall be immediately provided to the Zoning Administrator upon that person’s verbal request. [Source: 18.67.170.D] E. Indemnities.
1. The permittee and, if applicable, the owner of the private property upon which the tower and/or base station is installed shall defend, indemnify, and hold harmless the City, its agents, officers, officials, and employees from: [Source: 18.67.170.E] a. Any and all damages, liabilities, injuries, losses, costs and expenses, and from any and all claims, demands, lawsuits, writs of mandamus, and other actions or proceedings brought against the City or its agents, officers, officials or employees to challenge, attack, seek to modify, set aside, void, or annul the City’s approval of the permit; and [Source: 18.67.170.E] b. Any and all damages, liabilities, injuries, losses, costs and expenses, and any and all claims, demands, law suits or causes of action, and other actions or proceedings of any kind or form, whether for personal injury, death, or property damage, arising out of or in connection with the activities or performance of the permittee or private property owner or any of each one’s agents, employees, licensees, contractors, subcontractors, or independent contractors. [Source: 18.67.170.E]
10.2.g
Packet Pg. 809
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.100 Revised Preliminary Draft – October 2024
111
2. Permittees shall be strictly liable for interference caused by their facilities with the City’s communications systems. The permittee shall be responsible for costs of determining the source of the interference, all costs associated with eliminating the interference, and all costs arising from third party claims against the City attributable to the interference. [Source: 18.67.170.E]
3. In the event the City becomes aware of any such actions or claims, as mentioned in this Subsection, the City shall promptly notify the permittee and the private property owner, if applicable, and shall reasonably cooperate in the defense. It is expressly agreed that the City shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the City’s defense, and the property owner and/or permittee (as applicable) shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. [Source:
18.67.170.E]
F. Adverse Impacts on Adjacent Properties. The permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification, and removal of the facility. Any natural screening afforded by site conditions, including, but not limited to, the presence of trees, landscaping, topographical features, or structures on the site that shield the facility from view, shall be considered stealthing elements. [Source: 18.67.170.F] G. General Maintenance. The site and facility, including but not limited to all landscaping, fencing, and related transmission equipment, shall be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval. [Source: 18.67.170.G, modified]
H. Graffiti Removal. All graffiti on facilities shall be removed at the sole expense of the permittee within 48 hours after notification from the City. [Source: 18.67.170.H] I. RF Exposure Compliance. All facilities shall comply with all standards and regulations of the FCC and any other State or Federal government agency with the authority to regulate RF exposure standards. After transmitter and antenna system optimization, but before unattended operations of the wireless telecommunications facility, permittee or its representative shall provide the City documentation demonstrating compliance with all applicable RF emissions standards as certified by a licensed engineer. [Source: 18.67.170.I] J. Build-Out Period. This permit shall lapse 12 months after its date of approval unless one of the following has occurred: [Source: 18.67.170.J]
1. A Building Permit has been issued, substantial money has been expended, and construction diligently pursued; [Source: 18.67.170.J.1]
2. A certificate of occupancy has been issued; [Source: 18.67.170.J.2]
3. The facility is constructed or modified as approved and in operation; or [Source:
18.67.170.J.3]
4. The build-out period is extended by the review authority which originally approved the permit. [Source: 18.67.170.J.4]
10.2.g
Packet Pg. 810
Chapter 18.100 Wireless Telecommunications
112
K. Lapse. The permit shall automatically lapse if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more. [Source: 18.67.170.K] L. Testing. Testing of back-up generators and other noise producing equipment shall take place on weekdays only, between the hours of 8:30 a.m. and 4:30 p.m. Testing is prohibited on Saturdays, Sundays, and Federally recognized holidays. [Source: 18.67.170.L] M. Utilities Undergrounded. Extensions of electrical and telecommunications land lines to serve the wireless telecommunications facility shall be underground. [Source: 18.67.170.M] N. Encroachment. Permittee shall obtain an Encroachment Permit for any work, staging, operations, or construction access in the public right-of-way or on City-owned public property.
The permit shall require the applicant to comply with, but not be limited to, the following requirements: [Source: 18.67.170.N]
1. Hours of operation within the public right-of-way or easement shall be restricted to 8:30 a.m. to 4:30 p.m. on weekdays only. [Source: 18.67.170.N.1]
2. The contractor shall be responsible for keeping mud and other debris off the public right-of-way within and adjacent to the project. [Source: 18.67.170.N.2]
3. The public right-of-way shall not be used to store materials or to park construction equipment, trailers or other such vehicles. [Source: 18.67.170.N.3]
4. The contractor shall submit a traffic control plan for any lane closures or operations within the public right-of-way. [Source: 18.67.170.N.4]
5. The contractor shall comply with the requirements of the National Pollutant Discharge Elimination System (NPDES), including, but not limited to, best management practices (BMPs) as described in the Contra Costa Clean Water Program Pollution Prevention Plan. [Source: 18.67.170.N.5]
6. Deliveries to staging areas and the construction site shall be restricted to between 8:30 a.m. and 4:30 p.m. weekdays. [Source: 18.67.170.N.6]
7. The contractor shall obtain approval in writing from the City Engineer before commencing work in the public right-of-way on weekends or holidays. [Source:
18.67.170.N.7]
8. The contractor shall be responsible for repairing any damage to City property and to restore City property to any applicable City standards. [Source: 18.67.170.N.8]
9. The contractor shall be responsible for paying any permit and/or inspection fees, as applicable. [Source: 18.67.170.N.9]
O. Other Approvals. The permittee shall obtain all other applicable permits, approvals, and agreements necessary to install and operate the facility in conformance with Federal, State, and local laws, rules, and regulations. [Source: 18.67.170.O] P. Modifications. No changes shall be made to the approved plans without review and approval in accordance with this Chapter. [Source: 18.67.170.P]
Q. Performance and Maintenance. All wireless telecommunications facilities and related equipment, including but not limited to fences, cabinets, poles, and landscaping, shall be
10.2.g
Packet Pg. 811
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.100 Revised Preliminary Draft – October 2024
113
maintained in good working condition over the life of the permit. This shall include keeping the structures maintained to the visual standards established at the time of approval. The facility shall remain free from trash, debris, litter, graffiti and other forms of vandalism. Any damage shall be repaired as soon as practicable, and in no instance more than 10 calendar days from the time of notification by the City or after discovery by the permittee. [Source: 18.67.170.Q] R. Performance Bond. Before a Building Permit or Electrical Permit is issued, the applicant shall file with the City and shall maintain in good standing throughout the term of the approval, a performance bond or another form of security approved in advance by the City for the removal of the facility in the event that the use is abandoned or the permit is revoked, terminated, or expires. The security shall be in the amount equal to 100 percent of the cost of physically removing the wireless telecommunications facility and restoring the lot to the condition as it existed before the original deployment of the facility and all related facilities and equipment on the lot. The amount shall be based on the higher of two contractors’ quotes for removal that are provided by the permittee. The permittee shall reimburse the City for staff time associated with the processing and tracking of the bond, based on the hourly rate adopted by the City Council. Reimbursement shall be paid when the security is posted and during each administrative review. [Source: 18.67.170.R]
S. Conflicts with Improvements. For all wireless telecommunications facilities located within the public right-of-way, the permittee shall remove or relocate, at their own expense, any or all of its wireless telecommunications facilities when such removal or relocation is deemed necessary by the City by reason of any change of grade, alignment, or width of any public rightof-way, for installation of services, water pipes, drains, storm drains, power or signal lines, traffic control devices, public right-of-way improvements, or for any other construction, repair or improvement to the public right-of-way. [Source: 18.67.170.S] T. City Access. The City reserves the right of its employee, agents, and designated representatives to inspect permitted facilities and property upon reasonable notice to the permittee. In case of an emergency or risk of imminent harm to persons or property within the vicinity of permitted facilities, the City reserves the right to enter upon the site of such facilities and to support, disable, or remove those elements of the facilities posing an immediate threat to public health and safety. The City shall make an effort to contact the permittee, before disabling or removing wireless telecommunications facility elements. [Source: 18.67.170.T] U. Collocation. Where the wireless telecommunications facility site can accommodate a collocation upon the same site, the owner and operator of the facility shall allow another carrier to collocate its facilities and equipment thereon, provided the parties can mutually agree upon reasonable terms and conditions. [Source: 18.67.170.U]
V. Interference. To the extent allowed under applicable Federal rules and regulations, the operator of a wireless telecommunications facility shall correct interference problems experienced by any person or entity with respect to equipment such as television, radio, computer, and telephone reception or transmission that are caused by the facility. If a Federal agency with jurisdiction over such matters finds that a facility is operating in violation of Federal standards, the permittee shall promptly provide the Zoning Administrator, or City Engineer as applicable, with a copy of any notice of such violation issued by any Federal agency and shall notify the
10.2.g
Packet Pg. 812
Chapter 18.100 Wireless Telecommunications
114
Zoning Administrator or City Engineer once the facility comes back into compliance with applicable standards. [Source: 18.67.170.V]
W. Discontinuance of Use. Antennas, support structures, and related equipment shall be removed within 90 calendar days of the discontinuation of the use of a wireless telecommunications facility operating under a Use Permit that has expired and the site shall be restored to its previous condition. The service provider shall provide the Planning Division with a notice of intent to vacate the site a minimum of 30 calendar days before vacation. For facilities located on City property, this requirement shall be included in the terms of the lease. For facilities located on other sites, the property owner is responsible for removal of all antennas, structures, and related equipment within 90 calendar days of the discontinuation of the use. [Source:
18.67.170.W]
X. Compliance Verification. No later than 12 months after commencing operation of the facility or issuance of a certificate of occupancy, whichever occurs first, and annually thereafter, the applicant, wireless carrier, or property owner, shall have an appropriately licensed professional conduct a noise study of facility operations to verify compliance with all applicable local, State, and Federal regulations. In addition, a report shall also be submitted by an appropriately licensed professional to verify completion of any required site landscaping, equipment enclosures, and confirm that the facility appearance is in compliance with approved plans.
These reports shall be submitted and reviewed by the Zoning Administrator or City Engineer as applicable within five working days of completion of the reports. Failure to submit such compliance verification, or the submission of materials verifying a lack of compliance, will constitute grounds for the City to initiate a public hearing to consider whether permittee is fully complying with all conditions related to any permit or approval granted under this Chapter. [Source: 18.67.170.X]
18.100.100 Conditions of Approval for Section 6409(a) Modifications A. Required Findings. The Zoning Administrator for private and public property and the City Engineer for facilities in the public right-of-way shall issue a Zoning Permit for a Section 6409(a) modification only upon finding that the proposed Section 6409(a) modification: [Source:
18.67.210]
1. Meets all applicable criteria for an eligible facilities request stated in 47 C.F.R. §§
1.6100(b)(3) through (9), or any successor provisions, after application of the definitions in 47 C.F.R. § 1.6100(b). The Zoning Administrator or City Engineer, shall make an express finding for each criterion; [Source: 18.67.210.A]
2. Complies with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, except to the extent preempted by 47 C.F.R. §§ 1.6100(b)(7)(i) through (iv), or any successor provisions; and [Source: 18.67.210.B]
3. Will comply with all generally applicable laws. [Source: 18.67.210.C] B. Effect on Existing Use Permit. Notwithstanding any other requirement of the Municipal Code, the Zoning Administrator for private and public property and the City Engineer for facilities in the public right-of-way shall be authorized to issue a Zoning Permit for a Section 6409(a)
10.2.g
Packet Pg. 813
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.100 Revised Preliminary Draft – October 2024
115
modification, even if issuance of such a permit would have the effect of amending an existing Use Permit. [Source: 18.67.220]
C. Conditions of Approval for Section 6409(a) Modifications. Zoning Permits for Section 6409(a) modifications are subject to the following conditions, unless modified by the Zoning Administrator for private and public property and the City Engineer for facilities in the public right-of-way: [Source: 18.67.230]
1. No Permit Term Extension. The City’s grant or grant by operation of law of a Zoning Permit for a Section 6409(a) modification constitutes a Federally mandated modification to the underlying permit or approval for the subject tower or base station.
The City’s grant or grant by operation of law of a Zoning Permit for a Section 6409(a) modification will not extend the permit term for any permit or other underlying regulatory approval and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station. [Source: 18.67.230.A]
2. No Waiver of Standing. The City’s grant or grant by operation of law of a Section 6409(a) modification does not waive, and shall not be construed to waive, any standing by the City to challenge Section 6409(a), any FCC rules that interpret Section 6409(a) or any Section 6409(a) modification. [Source: 18.67.230.B]
3. Permit Subject to Conditions of Underlying Permit. Zoning Permits for Section 6409(a) modifications shall be subject to the terms and conditions of the underlying permit for the existing tower or base station. [Source: 18.67.230.C]
4. Code Compliance. The permittee shall maintain compliance with all applicable federal, state and local laws, regulations and other rules. [Source: 18.67.230.D]
5. Inspections – Emergencies. The City or its designee may enter the facility area to inspect the facility upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The City reserves the right to enter or direct its designee to enter the facility and support, repair, disable or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property. [Source: 18.67.230.E]
6. Contact Information for Responsible Parties. The permittee shall maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address and email address for at least one natural person. All such contact information for responsible parties shall be provided to the Zoning Administrator for private and public property and the City Engineer for facilities in the public right-of-way upon permittee’s receipt of the Zoning Administrator’s or City Engineer’s written request, except in an emergency determined by the City when all such contact information for responsible parties shall be immediately provided to the Zoning Administrator or City Engineer, as applicable, upon that person’s verbal request. [Source: 18.67.230.F]
7. RF Exposure Compliance. All facilities shall comply with all standards and regulations of the FCC and any other State or Federal government agency with the authority to regulate RF exposure standards. After transmitter and antenna system optimization, but before unattended operations of the wireless telecommunications facility, permittee
10.2.g
Packet Pg. 814
Chapter 18.100 Wireless Telecommunications
116
or its representative shall provide the Zoning Administrator or City Engineer, as applicable, documentation demonstrating compliance with all applicable RF emissions standards as certified by a licensed engineer. [Source: 18.67.230.G]
8. Build-Out Period. This permit shall lapse 12 months after its date of approval unless one of the following has occurred: [Source: 18.67.230.H] a. A Building Permit has been issued, substantial money has been expended, and construction diligently pursued; or [Source: 18.67.230.H.1] b. A certificate of occupancy has been issued; or [Source: 18.67.230.H.2] c. The facility is constructed or modified as approved and in operation; or [Source: 18.67.230.H.3]
d. The build-out period is extended by the city authority which originally approved the permit. [Source: 18.67.230.H.4]
9. Lapse. The permit shall automatically lapse if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more. [Source:
18.67.230.I]
10. Testing. Testing of back-up generators and other noise producing equipment shall take place on weekdays only, and only between the hours of 8:30 a.m. and 4:30 p.m., except that testing is prohibited on holidays that fall on a weekday. In addition, testing is prohibited on weekend days. [Source: 18.67.230.J]
11. Utilities undergrounded. Extensions of electrical and telecommunications land lines to serve the wireless telecommunications facility shall be undergrounded where existing land lines serving the facility are underground. [Source: 18.67.230.K]
12. Encroachment. Permittee shall obtain an encroachment permit for any work, staging, operations, or construction access in the public right-of-way or on city-owned public property. The permit shall require the applicant to comply with, but not be limited to, the following requirements: [Source: 18.67.230.L]
a. Hours of work within the public right-of-way or easement shall be restricted to between 8:30 a.m. to 4:30 p.m. weekdays. [Source: 18.67.230.L.1] b. The contractor shall be responsible for keeping mud and other debris off the public right-of-way within and adjacent to the project. [Source: 18.67.230.L.2] c. The public right-of-way shall not be used to store materials or to park construction equipment, trailers or other such vehicles. [Source:
18.67.230.L.3]
d. The contractor shall submit a traffic control plan for any lane closures or operations within the public right-of-way. [Source: 18.67.230.L.4] e. The contractor shall comply with the requirements of the National Pollutant Discharge Elimination System (NPDES), including, but not limited to, best management practices (BMPs) as described in the Contra Costa Clean Water Program Pollution Prevention Plan. [Source: 18.67.230.L.5]
10.2.g
Packet Pg. 815
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.100 Revised Preliminary Draft – October 2024
117
f. Deliveries to staging areas and the construction site shall be restricted to between 8:30 a.m. and 4:30 p.m. weekdays. [Source: 18.67.230.L.6] g. The contractor shall obtain approval in writing from the City Engineer before commencing work in the public right-of-way on weekends or holidays. [Source:
18.67.230.L.7]
h. The contractor shall be responsible for repairing any damage to city property and to restore city property to city standards. [Source: 18.67.230.L.8] i. The contractor shall be responsible for paying any permit and/or inspection fees, as applicable. [Source: 18.67.230.L.9]
13. Other approvals. The permittee shall obtain all other applicable permits, approvals, and agreements necessary to install and operate the facility in conformance with federal, state, and local laws, rules, and regulations. [Source: 18.67.230.M]
14. Modifications. No changes shall be made to the approved plans without review and approval in accordance with this chapter. (Ord. 966 § 3, 2023; Ord. 910 § 5, 2017) [Source: 18.67.230.N]
D. Effect of Repeal of Section 6409(a). This Section shall become null and void if P.L. 112-96, Section 6409, is rescinded. [Source: 18.67.240]
18.100.110 Timing of Review
The City shall advise the applicant if an application is incomplete in accordance with applicable State and Federal timelines for action. [Source: 18.67.310]
18.100.120 Peer Review
The review authority considering the relevant permit issued in compliance with this Chapter may require the application, proposed findings, and conditions of approval to be reviewed by an independent thirdparty peer review consultant. The cost of the third-party peer review shall be the responsibility of the applicant. [Source: 18.67.320]
18.100.130 Decision
A. The review authority shall provide the applicant with written notice of its decision. A denial of an application under this Chapter shall be supported by substantial evidence and comply with the following: [Source: 18.67.330.A]
1. Cannot be based on the environmental effects of radio frequency (RF) emissions if the facility complies with the FCC’s RF regulations; and [Source: 18.67.330.A.1]
2. Cannot violate State or Federal law. [Source: 18.67.330.A.2]
3. The denial of a Zoning Permit application for a Section 6409(a) modification shall be made without prejudice. [Source: 18.67.330.C]
B. Timing of Decision. The City shall make its final decision on a complete wireless telecommunications facility application and issue all required ancillary permits within the applicable State and Federal timelines for action. [Source: 18.67.330.B]
10.2.g
Packet Pg. 816
Chapter 18.100 Wireless Telecommunications
118
C. Denial of an Incomplete Application
1. To promote efficient review and timely decisions, any application governed under this Chapter may be denied without prejudice by the City Engineer or Zoning Administrator when the applicant fails to tender a substantive response to the City within 120 calendar days after the City Engineer or Zoning Administrator deems the application incomplete in a written notice to the applicant.
2. The City Engineer or Zoning Administrator, may grant a written extension for up to 30 calendar days when the applicant submits a written request before the 120 day period that shows good cause to grant the extension. Good cause for an extension shall include, but is not limited to, delays due to circumstances outside the applicant’s reasonable control. [Source: 18.67.340]
18.100.140 Revocation
A. General Requirement. Permittees shall fully comply with all conditions related to any permit or approval granted under this Chapter. Failure to comply with any applicable standard of this Chapter shall constitute grounds for revocation. If such a violation is not remedied within a reasonable period, following written notice and an opportunity to cure, the City may schedule a public hearing before the Planning Commission to consider revocation of the permit. The Planning Commission revocation action may be appealed to the City Council in accordance with Chapter 18.175 (Appeals and Calls for Review). [Source: 18.67.360.A] B. Removal, Repair, and Restoration. If the permit is revoked in compliance this Section, the permittee shall remove its facility at its own expense and shall repair and restore the site to the condition that existed before the facility’s installation or as required by the City within 90 calendar days of revocation in accordance with applicable health and safety requirements. The permittee shall be responsible for obtaining all necessary permits for the facility’s removal and site restoration. [Source: 18.67.360.B]
C. Storage. The City may, but shall not be required to, store the removed facility (or any part thereof). The facility permittee shall be liable for the entire cost of such storage. The City may, in lieu of storing the removed facility, convert it to the City’s use, sell it, or dispose of it in any manner deemed appropriate by the City. [Source: 18.67.360.C]
18.100.150 Appeal
A. A decision of the Zoning Administrator or Planning Commission on a Use Permit or Minor Use Permit, as applicable, may be appealed to the City Council in compliance with Chapter 18.75 (Appeals and Calls for Review).
B. A decision of the City Engineer concerning an Encroachment Permit for a wireless telecommunications facility may be appealed in accordance with Chapter 1.10 (Appeals), subject to the following modifications:
1. The time for filing a notice of appeal shall be five calendar days;
2. The hearing shall be held within 21 calendar days of the date the notice of appeal is filed; and
10.2.g
Packet Pg. 817
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.100 Revised Preliminary Draft – October 2024
119
3. The decision of the City Manager is final upon issuance and not appealable to City Council.
C. Decisions on Zoning Permit applications for a Section 6409(a) modification shall be final and may not be appealed. [Source: 18.67.370]
10.2.g
Packet Pg. 818
1 18 – Zoning Code
Part 4 – Permit and Entitlement
Processing Procedures
REVISED PRELIMINARY DRAFT
OCTOBER 2024
Table of Contents
CHAPTER 18.105 ADULT USE DEVELOPMENT PERMIT............................................................. 6
18.105.010 Purpose and Applicability............................................................................................... 6
18.105.020 Review Authority ............................................................................................................ 6
18.105.030 Application...................................................................................................................... 7
18.105.040 Filing, Processing, and Review ...................................................................................... 7
18.105.050 Findings.......................................................................................................................... 8
18.105.060 Lapse of Approval ........................................................................................................ 10
18.105.070 Revocation ................................................................................................................... 10
18.105.080 Violations...................................................................................................................... 12 CHAPTER 18.110 ARCHITECTURAL REVIEW PERMITS ........................................................... 14
18.110.010 Purpose and Applicability............................................................................................. 14
18.110.020 Review Authority .......................................................................................................... 15
18.110.030 Filing, Processing, and Review .................................................................................... 16
18.110.040 Conditions of Approval ................................................................................................. 18
18.110.050 Lapse of Approval – Changes to Plans........................................................................ 18
18.110.060 Resubmittal of Application............................................................................................ 19 CHAPTER 18.115 DEVELOPMENT PLAN .................................................................................... 21
18.115.010 Purpose and Applicability............................................................................................. 21
18.115.020 Approval Authority ........................................................................................................ 21
18.115.030 Filing, Processing, and Review .................................................................................... 21
18.115.040 Findings........................................................................................................................ 22
10.2.h
Packet Pg. 819
Chapter 18.105 Adult Use Development Permit
2 18.115.050 Conditions of Approval ................................................................................................. 23
18.115.060 Lapse of Approval – Changes to Plans........................................................................ 23
18.115.070 Resubmittal of Application............................................................................................ 24 CHAPTER 18.120 MINOR EXCEPTIONS ...................................................................................... 26
18.120.010 Purpose ........................................................................................................................ 26
18.120.020 Applicability .................................................................................................................. 26
18.120.030 Review Authority .......................................................................................................... 29
18.120.040 Filing, Processing, and Review .................................................................................... 29
18.120.050 Findings........................................................................................................................ 30
18.120.060 Conditions of Approval ................................................................................................. 31
18.120.070 Lapse of Approval – Changes to Plans........................................................................ 31
18.120.080 Resubmittal of Application............................................................................................ 31 CHAPTER 18.125 REASONABLE ACCOMMODATION............................................................... 34
18.125.010 Purpose ........................................................................................................................ 34
18.125.020 Review Authority .......................................................................................................... 34
18.125.030 Requests ...................................................................................................................... 35
18.125.040 Application Requirements ............................................................................................ 35
18.125.050 Filing, Processing, and Review .................................................................................... 36
18.125.060 Findings........................................................................................................................ 37
18.125.070 Appeal .......................................................................................................................... 38 CHAPTER 18.130 SIGN PERMIT ................................................................................................... 40
18.130.010 Purpose and Applicability............................................................................................. 40
18.130.020 Review Authority .......................................................................................................... 40
18.130.030 Filing, Processing, and Review .................................................................................... 40
18.130.040 Findings........................................................................................................................ 41
18.130.050 Conditions of Approval ................................................................................................. 42
18.130.060 Lapse of Approval – Changes to Plans........................................................................ 42
18.130.070 Revocation ................................................................................................................... 43 CHAPTER 18.135 TEMPORARY SIGN PERMIT........................................................................... 45
18.135.010 Purpose and Applicability............................................................................................. 45
18.135.020 Review Authority .......................................................................................................... 45
18.135.030 Filing, Processing, and Review .................................................................................... 45
18.135.040 Findings........................................................................................................................ 46
18.135.050 Conditions of Approval ................................................................................................. 47
18.135.060 Lapse of Approval – Changes to Plans........................................................................ 47
18.135.070 Revocation ................................................................................................................... 47
10.2.h
Packet Pg. 820
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.105 Revised Preliminary Draft – October 2024
3 18.135.080 Resubmittal of Application............................................................................................ 48 CHAPTER 18.140 MASTER SIGN PROGRAM.............................................................................. 50
18.140.010 Purpose and Applicability............................................................................................. 50
18.140.020 Review Authority .......................................................................................................... 50
18.140.030 Filing, Processing, and Review .................................................................................... 50
18.140.040 Findings........................................................................................................................ 52
18.140.050 Conditions of Approval ................................................................................................. 52
18.140.060 Lapse of Approval – Changes to Plans........................................................................ 52
18.140.070 Revocation ................................................................................................................... 53
18.140.080 Resubmittal of Application............................................................................................ 53 CHAPTER 18.145 USE PERMIT..................................................................................................... 55
18.145.010 Purpose and Applicability............................................................................................. 55
18.145.020 Review Authority .......................................................................................................... 55
18.145.030 Filing, Processing, and Review .................................................................................... 56
18.145.040 Findings........................................................................................................................ 57
18.145.050 Conditions of Approval ................................................................................................. 58
18.145.060 Lapse of Approval – Changes to Plans........................................................................ 59
18.145.070 Revocation ................................................................................................................... 60
18.145.080 Resubmittal of Application............................................................................................ 60 CHAPTER 18.150 USE PERMIT, TEMPORARY ........................................................................... 62
18.150.010 Purpose and Applicability............................................................................................. 62
18.150.020 Review Authority .......................................................................................................... 62
18.150.030 Filing, Processing, and Review .................................................................................... 62
18.150.040 Findings........................................................................................................................ 63
18.150.050 Conditions of Approval ................................................................................................. 63
18.150.060 Lapse of Approval ........................................................................................................ 63 CHAPTER 18.155 VARIANCE........................................................................................................ 66
18.155.010 Purpose and Applicability............................................................................................. 66
18.155.020 Review Authority .......................................................................................................... 66
18.155.030 Filing, Processing, and Review .................................................................................... 67
18.155.040 Findings........................................................................................................................ 68
18.155.050 Conditions of Approval ................................................................................................. 68
18.155.060 Lape of Approval – Changes to Plans ......................................................................... 69
18.155.070 Resubmittal of Application............................................................................................ 69 CHAPTER 18.160 ZONING PERMIT.............................................................................................. 71
10.2.h
Packet Pg. 821
Chapter 18.105 Adult Use Development Permit
4 18.160.010 Purpose and Applicability............................................................................................. 71
18.160.020 Review Authority .......................................................................................................... 71
18.160.030 Filing, Processing, and Review .................................................................................... 72
18.160.040 Findings........................................................................................................................ 72
18.160.050 Lapse of Approval – Changes to Plans........................................................................ 72
18.160.060 Revocation ................................................................................................................... 73
18.160.070 Resubmittal of Application............................................................................................ 73
10.2.h
Packet Pg. 822
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.105 Revised Preliminary Draft – October 2024
5 Chapter 18.105
Adult Use Development Permit
10.2.h
Packet Pg. 823
Chapter 18.105 Adult Use Development Permit
6 Chapter 18.105 Adult Use Development Permit
Sections
18.105.010 Purpose and Applicability
18.105.020 Review Authority
18.105.030 Application
18.105.040 Filing, Processing, and Review
18.105.050 Findings
18.105.060 Lapse of Approval
18.105.070 Revocation
18.105.080 Violations
18.105.010 Purpose and Applicability
A. Purpose. The purpose of this Chapter is to establish processing and review procedures for the establishment of adult businesses, as defined in this Title, to ensure the protection of sensitive land uses in the surrounding areas. [Source: NEW]
B. Applicability.
A.1. No adult business may be established within the city by right. All persons wishing to establish an adult business within the city must shall apply for and receive an Aadult Uuse Ddevelopment Ppermit under this Cchapter. [Source: 18.70.050.A] B.2. It is the burden of the applicant to supply evidence to justify the grant approval of an Aadult Uuse Ddevelopment Ppermit. [Source: 18.70.050.B] C.3. Any person desiring to operate or establish an adult business within the Ccity shall file for an Adult Use Development Permit application with the public works and community development department Planning Division using an adult use development permit application on a standard application form supplied by the public works and community development departmentPlanning Division. (Ord. 710 § 35-20.8, 1996; 1991 code § 35-20.8) [Source: 18.70.050.A.C]
18.105.020 Review Authority
The Pplanning Ccommission (“the commission”) shall grantapprove, conditionally grant approve, or deny an application for an Aadult Uuse Ddevelopment Ppermit. Any conditions imposed upon the permit shall be in keeping with the objective development standards based on the criteria established in of this Cchapter and the underlying zoning districtzoning district in which the property is located. [Source:
18.70.080.A]
10.2.h
Packet Pg. 824
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.105 Revised Preliminary Draft – October 2024
7 18.105.030 Application
A. Eligible Applicants. The application must shall be signed by the owner or lessee. If the application is signed by a lessee, a notarized statement signed by the owner shall accompany the application. Proof of status is required. [Source: 18.70.060.A] B. Required Ccontents. The Ccity Ccouncil, by resolution, shall set forth establish the contents requiredrequired contents for such applications for an Aadult Uuse Ddevelopment Ppermit applications. [Source: 18.70.060.B]
C. Environmental Rrequirements. All aApplicants for an Aadult Uuse Ddevelopment Ppermit must also shall fill out complete the Ccity’s environmental package for purposes of complying with the California Environmental Quality Act (“CEQA”). (Ord. 710 § 35-20.10, 1996; 1991 code § 35-20.10) [Source: 18.70.060.C]
D. Fees. The Ccity Ccouncil, by resolution, shall set a reasonable nonrefundable application fee for persons applying for an Aadult Uuse Ddevelopment Ppermit. The fee shall not exceed the reasonable estimated costs of the city expended in processing the permit application. (Ord. 710 § 35-20.12, 1996; 1991 code § 35-20.12) [Source: 18.70.070]
18.105.040 Filing, Processing, and Review
A. Determination of Completeness. The completeness of the application shall be determined by the zoning administrator (“administrator”) wWithin 30 calendar days of its submittal after an Adult Use Development Permit the application is submitted, to the Zzoning Aadministrator shall determine whether the application is complete and shall notify the applicant of the determination, including (if appropriate) a description of why the application is incomplete and any additional information that may be required. [Source: 18.70.080.B] B. Planning Commission Review. Upon the filing of a completed applicationFollowing the date of a deemed complete application, the Planning Ccommission shall cause to be made by its own members, or members of its staff, conduct an appropriate investigationreview, including consultation with the Bbuilding, Ppolice, Ffire, Engineering, and Hhealth Ddepartments, and an inspection of the premises as needed. Consultation is not grounds for the Ccity to unilaterally delay in reviewingthe review of a completed application. [Source: 18.70.080.C] C. In reaching a decision, the Planning Ccommission shall not be bound by the formal rules of evidence. [Source: 18.70.080.D]
D. Public Hearing and Noticing.
1. After Following the completion of the investigationreview has been completed, the Planning Ccommission shall notice and conduct a public hearing, as prescribed in PHMC Chapter Chapter 18.195 (Notice Requirements)80 of this Title, on the application for an Aadult Uuse Ddevelopment Ppermit. Public notice shall also be provided by publication in a newspaper of general circulation within the City of Pleasant Hill at least 10 days before the scheduled hearing. [Source: 18.70.080.E] D.2. Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.XX.XXX (Multiple Discretionary Permits). [Source: NEW]
10.2.h
Packet Pg. 825
Chapter 18.105 Adult Use Development Permit
8 E. Timeline. The Pplanning Ccommission shall render a written decision of approval, conditional approval, or denial on the application for of an Aadult Uuse Ddevelopment Ppermit within 60 calendar days of receiving a completed application. The failure of the Planning cCommission to render such a decision within this time frame shall be deemed to constitute a denial. [Source:
18.70.080.F]
F. Notice of Decision. The Planning Ccommission’s decision shall be hand delivered or mailed to the applicant, and shall be provided in accordance with the requirements of the municipal code.
Any posted notices shall remain for at least 10 calendar days after the determination of decision and mailed to all property owners within 300 feet of the adult usesite in which the adult use will be present. (Ord. 710 § 35-20.14, 1996; 1991 code § 35-20.14) [Source: 18.70.080.G] G. Appeals. The decision of the Planning Commission may be appealed to the City Council in compliance with Chapter 18.175 (Appeals and Calls for Review) and The time for court challenge to a decision by the city council is governed by California Code of Civil Procedures section 1094.6. [Source: 18.70.100.A, B]Notice of the city council’s decision and its findings shall be mailed to the applicant and shall include citation to California Code of Civil Procedures section 1094.6. (Ord. 710 § 35-20.18, 1996; 1991 code § 35-20.18) [Source: 18.70.100.B]
18.105.050 FindingsCriteria and Decision
A. A. The Planning Ccommission or city council shall approve or conditionally approve an application for an Aadult Uuse Ddevelopment Ppermit, if, where the based on the application and information submitted, it is able to make the by the applicant substantiates the following findings: [Source: 18.70.120]
1. 1. That tThe proposed adult use complies with the development and design requirements of the underlying zoning districtzoning district in which it is located and with the applicable standards of this Cchapter; [Source: 18.70.120.A.1]
2. 2. That Tthe proposed adult use and its projected traffic generation is consistent with achieving or maintaining the established level of service and vehicle miles travelled criteria set forth established in the Ccity’s Transportation and Ccirculation growth management Eelement of the General Plans. If the Ccity’s established level of service is already exceeded, then the proposed use and its projected traffic generation will not result in a net increase in the level of service; [Source: 18.70.120.A.2]
3. 3. That tThe proposed site is adequately served by other public and private service facilities consistent with the city’s established level of services as set forth in the city’s growth management elementfor the requested proposed adult use; [Source:
18.70.120.A.3]
4. 4. That theThe proposed site adult use is not located within a 500-foot radius of a residential land use designation as prescribed in the Land Use Element of the General Plan or the general plan of an adjacent jurisdiction. The distance between a proposed use and a residential land use designation shall be measured from the nearest exterior wall of the facility housing the adult use or proposed adult use to the nearest property closest to the lot line included within theof the residential land use designation, along a straight line extended between the two points; [Source: 18.70.120.A.4]
10.2.h
Packet Pg. 826
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.105 Revised Preliminary Draft – October 2024
9 5. That theThe proposed site adult use is not located within an 800-foot radius of a. existing school, daycare, or park facility located within or outside the jurisdiction of the city, or a school or park land use designation as established in the Landdn Use Element of the General Plan or the general plan of an adjacent jurisdiction. The distance between the proposed use and a school or park land use designation or facility shall be measured from the nearest exterior wall of the facility housing the adult use or proposed adult use to the property line of the school site or the nearest property line included within a park land use designation, along a straight line extended between the two points; [Source: 18.70.120.A.5]
6. 6. That theThe proposed site adult use is not located within an 800-foot radius of a religious institution located either within or outside the jurisdiction of the City. The distance between the adult use or proposed adult use and a religious institution shall be measured from the nearest exterior wall of the facility housing the adult use or proposed adult uses along a straight line extended to the nearest exterior wall of the facility structure housing the religious institution; [Source: 18.70.120.A.6]
7. 7. That theThe proposed site adult use is not located within 1,000 feet of any other adult use regulated under this chapter that is located either within or outside the jurisdiction of the Ccity. The distance between two adult uses shall be measured between the nearest exterior walls of the structure housing the adult uses along a straight line extended between the two uses; and [Source: 18.70.120.A.7]
8. That the proposed site is not located within 500 feet of a residential district, 800 feet of a park or school as designated on the general plan land use element of an adjacent jurisdiction or 800 feet of a religious institution that is located in an adjacent jurisdiction and is the subject of a validly approved land use entitlement; and [Source:
18.70.120.A.8]
9.8. That nNeither the applicant , (if an individual), or any of the officers or general partners, (if a corporation or partnership), have been found guilty or pleaded nolo contendere within the past four years of a misdemeanor or a felony classified by the Sstate of California as a sex or sex-related offense. [Source: 18.70.120.A.9] B. Any conditions of approval imposed upon the Adult Use Development Ppermit shall be in keeping comply with the objective development standards of Section 18.50.030 (Locational Limitations) this chapter as set forth in PHMC § 18.70.030 and the underlying zoning districtzoning district in which the property is locatedof the proposed lot. (Ord. 710 § 35-20.22, 1996; 1991 code § 35-20.22) [Source:
18.70.120.B]Appeal
B. Any interested person may appeal the decision of the commission to the city council in writing within 10 days after the commission’s written decision. The city council within the same 10 dayssuch an appeal. [Source: 18.70.090.A]
Consideration of an appeal of the commission’s decision shall be at a public hearing which shall be noticed as provided in 130 and shall occur within 45 days of the filing or initiation of the appeal. Public notice shall also be provided by publication in a newspaper of general circulation within the City of Pleasant Hill at least 10 days before the scheduled hearing. [Source: 18.70.090.B]
10.2.h
Packet Pg. 827
Chapter 18.105 Adult Use Development Permit
10 The city council action on the appeal of the commission’s decision shall be by a majority vote of the quorum and, upon the conclusion of the de novo public hearing, the city council shall grant, conditionally grant or deny the application. The city council’s decision shall be final and conclusive. [Source:
18.70.090.C]
In reaching its decision, the city council shall not be bound by the formal rules of evidence. (Ord. 846 § 10, 2010; Ord. 710 § 35-20.16, 1996; 1991 code § 35-20.16) [Source: 18.70.090.D]
18.105.060 ExpirationLapse of Approval
A. Permits for New Facility/Use. Any An Aadult Uuse Ddevelopment Ppermit approved pursuant toin accordance with this Cchapter shall become null and void unless the proposed use is established within six months of the date from of the approval.
B. Permits for Reuse of Existing Facilities. An Adult Use Development Permit approved in accordance with this Chapter As to for facilities that are a reuse of existing facilities, the permit adult use development permit shall become null and void unless the proposed use is established within six months from of the date of approval, unless prior to said expiration date the permittee demonstrates, to the satisfaction of the city’s Pplanning Ccommission, that it has a good faith intent to presently commence the proposed use before the expiration date. Such extensions shall not exceed a total of two six-month extensions, or a total of 12 months from the date of approval. (Ord. 710 § 35-20.20, 1996; 1991 code § 35-20.20) [Source: 18.70.110]
18.105.070 Revocation
A. Any Adult Use Development Ppermit issued pursuant to the provisions of thisin accordance with this Cchapter may be revoked by the Ccity on the basis ofif any of the followingfor any of the following reasons: [Source: 18.70.130.A]
1. That the The business or activity has been conducted in a manner which: [Source:
18.70.130.A.1]
a. V violates one or more of the conditions imposed upon the issuance approval of the Adult Use Development Ppermit or which f [Source: 18.70.130.A.1 b. Fails to conform to the plans and procedures described in the permit application, or which v [Source: 18.70.130.A.1]
1.c. Violates the occupant load limits set by the Fire Marshal; [Source:
18.70.130.A.1]
2. That theThe permittee has failed to obtain or maintain all required Ccity, Ccounty, and/or Sstate of California licenses and permits; [Source: 18.70.130.A.2, modified]That the permit is being used to conduct an activity different from that for which it was issued; [Source: 18.70.130.A.3]
3. That thehe permittee has misrepresented a material fact in the permit application for permit or has not answered each question therein truthfully; [Source: 18.70.130.A.4]
4. That due to cChanges in on-site conditions, has resulted in the adult business lacks sufficient having insufficient on-site parking area for employees and the public under the standards set forth as established in the city’s parking codeTitle/Chapter 18.70
10.2.h
Packet Pg. 828
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.105 Revised Preliminary Draft – October 2024
11 (Off-Street Parking and Loading), except for an existing use that is legal and nonconforming with respect to parking; [Source: 18.70.130.A.5]
5. That theThe building or structure in which the adult business is conducted is hazardous to the health or safety of the employees or patrons of the business or of the public under the standards set forthestablished in the Uniform Building, Uniform Plumbing or Uniform Fire Code; [Source: 18.70.130.A.6]
6. That theThe permitted adult business creates sound levels which violate the City’s noise control ordinanceestablished noise thresholds of the city; [Source:
18.70.130.A.7]
7. That theThe permittee, if an individual, or any of the officers or general partners, if a corporation or partnership, is found guilty or pleaded nolo contendere to a misdemeanor or felony classified by the state State of California as a sex or sex-related offense during the period of the adult establishment’s business’s operation; or [Source:
18.70.130.A.8]
8. That theThe adult use for which the approval permit was granted approved has ceased to exist or has been suspended for six months or more. [Source: 18.70.130.A.9 B. Notice and Public Hearing. The Planning Commission shall conduct a public hearing, as prescribed in Chapter 18.195 (Notice Requirements) on the proposed revocation of an Adult Use Development Permit. Written notice of hearing on the proposed permit revocation, together with written notification of the specific grounds of complaint against the permittee shall be personally delivered or sent by certified mail to the permittee at least 10 days prior to the hearing. [Source: 18.70.130.B-D]
C. Revocation Procedure. An Adult Use Development Permit may be revoked or modified in compliance with Section 18.185.040 (Revocation or Modification of Discretionary Permits). The revocation hearing shall be heard by the commission. The Planning Commission shall make its decision within 30 days of the public hearing The commission and shall not be bound by the formal rules of evidence at the hearing. [Source: 18.70.130.C-I]The commission shall notice and conduct a public hearing, as prescribed in the municipal code, on the proposed permit revocation. [Source: 18.70.130.D]
D. The commission shall revoke, not revoke, or not revoke but add additional conditions to, the permittee’s adult use development permit. Any additional conditions imposed upon the permit shall be in keeping with the objective development standards of this chapter as set forth in PHMC § 18.70.030 and the underlying zoning district in which the property is located. [Source:
18.70.130.E]
E. The commission’s decision shall be in writing, and shall be hand delivered or mailed to the applicant and mailed to all property owners within 300 feet of the use. [Source: 18.70.130.F] F. The commission shall make its decision within 30 days of the public hearing. [Source:
18.70.130.G]
10.2.h
Packet Pg. 829
Chapter 18.105 Adult Use Development Permit
12 G.C. Any interested person may appeal the decision of the commission to the city council in writing within 10 days after the written decision of the commission in accordance with the provisions of PHMC Chapter 18.130. [Source: 18.70.130.H]
H.D. In the event an Adult Use Development Permit permit is revoked pursuant toin accordance with this chapterSection, another Aadult Uuse Ddevelopment Ppermit to operate an adult business shall not be granted to the permittee within for 12 months after the date of such written notice of revocation. (Ord. 710 § 35-20.24, 1996; 1991 code § 35-20.24) [Source: 18.70.130.I]
18.105.080 Violations
A person who violates a provision of this Chapter, including the failure to secure an Adult Use Development Permit or comply with a condition of approval, is subject to the criminal penalties established in Pleasant Hill Municipal Code Chapter 1.30. Any person who violates any Ssection of this Cchapter shall be guilty of a misdemeanor and is subject to a fine and/or imprisonment in accordance with the limits set forth in California Government Code Ssection 36901, as it may be amended from time to time, or any other legal remedy available to the Ccity. (Ord. 710 § 35-20.26, 1996; 1991 code § 35-20.26) [Source: 18.70.140]
10.2.h
Packet Pg. 830
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.110 Revised Preliminary Draft – October 2024
13 Chapter 18.110
Architectural Review Permits
10.2.h
Packet Pg. 831
Chapter 18.110 Architectural Review Permits
14 Chapter 18.110 Architectural Review Permits
Sections
18.110.010 Purpose and Applicability
18.110.020 Review Authority
18.110.030 Filing, Processing, and Review
18.110.040 Conditions of Approval
18.110.050 Lapse of Approval – Changes to Plans
18.110.060 Resubmittal of Application
18.110.010 Purpose and Applicability
A. Purpose. The purpose of an Aarchitectural Rreview Permit is to evaluate the interdependence of property values and aesthetics, and to provide a method to promote sound land use development. More specifically, aArchitectural review is intended to promote the architectural design excellence, visually pleasing and harmonious site design, and preservation of natural landforms and vegetation.: [Source: 18.115.010.B]
1. 1. Ensure excellence of architectural design; [Source: 18.115.010.B.1]
2. 2. Ensure that siting and architectural design of structures, including their materials and colors, are visually harmonious with surrounding development and with the natural landforms and vegetation of the areas in which they are proposed to be located; [Source: 18.115.010.B.2]
3. 3. Ensure that plans for the landscaping of open spaces conform with the requirements of this chapter and that they provide visually pleasing settings for structures on the site and on adjoining and nearby sites, and blend harmoniously with the natural landscape; [Source: 18.115.010.B.3]
4. 4. Prevent excessive and unsightly grading of hillsides, and preserve natural landforms and existing vegetation; and [Source: 18.115.010.B.4]
Ensure compliance withcity-wide objective design standards; [Source: 18.115.010.B.5- 6]Ensure compliance with city-wide design guidelines. (Ord. 955 § 5, 2022; Ord. 856 § 2 (Exh. A), 2011; Ord. 738 § 1 (Exh. C), 1999; Ord. 710 § 35-32.1, 1996; 1991 code § 35-32.1) [Source: 18.115.010.B.6]
B. Applicability. An Architectural Review Permit is required before issuance of a Building Permit for any development project relating to the following: [Source: 18.115.010]
1. The construction, addition, or exterior alteration to a site plan, building, structure, and/or landscape plan associated with any project other than a single-family residence; [Source: 18.115.010.A.1]
10.2.h
Packet Pg. 832
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.110 Revised Preliminary Draft – October 2024
15 2. A single-family residence at the time of initial construction, or a substantial addition as determined by the Zoning Administrator. An Architectural Review Permit is not required for remodeling, additions, or accessory structures; however, staff level review of such structures for substantial conformance with the citywide design guidelines shall occur as part of the Building Permit plan review and approval process. [Source:
18.115.010.A.2]
C. No improvement subject to architectural review under this Chapter shall be constructed, located, repaired, altered, repainted a different color, or maintained except in accordance with a design approved under this Chapter. The term “improvement” as used in this Chapter shall be interpreted by the Zoning Administrator to include but not be limited to the construction, alteration, and repair of all buildings, structures, and facilities permanently affixed to real property. [Source: 18.115.010.A]
18.110.020 Review Authority
A. Architectural Rreview Ccommission. Except as provided in Ssubsections B and C of this Ssection, the Aarchitectural Rreview Ccommission has the authority to approve, conditionally approve, or deny Aarchitectural Rreview Ppermits. The Aarchitectural Rreview Ccommission is established under PHMC Chapter 3.10Title 3 (Boards and Commissions). [Source:
18.115.020.A]
B. Zoning Aadministrator. The Zzoning Aadministrator has the authority to approve, conditionally approve, or deny an Aarchitectural Rreview Ppermit for any of the following improvements if the Zzoning Aadministrator finds that such improvements will not have a significant visual impact. [Source: 18.115.020.B]
1. A minor alteration to an existing structure in a PUD, PPD, or HPUD development that is consistent with the original approval permit approval and has the approval is approved by of the homeowners’ association, if one existsapplicable; [Source:
18.115.020.B.1]
2. A minor alteration (including but not limited to repainting, landscape modification, adding screened mechanical equipment, window replacements) to an existing structure in the RB, NB, C, PAO, or LI districtzoning district that is consistent with the original permit approval. Minor alterations include improvements such as repainting, landscape modification, and window replacements; [Source: 18.115.020.B.2]
3. An addition or repair to an existing structure if the exterior is not altered. [Source:
18.115.020.B.3]
4. The Zzoning Aadministrator may, in his or her their discretion, refer an Architectural Review Permit application directly to the Aarchitectural Rreview Ccommission. [Source: 18.115.020.B]
C. Streamlined Mministerial Rreview. Residential development projects qualifying for streamlined permit review, as established under PHMC § Section 18.20.040.K18.15.040 (Additional Development Standards) of Chapter 18.15 (Residential Districts), shall be subject to a ministerial architectural review process. (Ord. 964 § 22, 2023; Ord. 738 § 1 (Exh. C), 1999; Ord. 710 § 35-32.2, 1996; 1991 code § 35-32.2) [Source: 18.115.020.C]
10.2.h
Packet Pg. 833
Chapter 18.110 Architectural Review Permits
16 D. Projects with Multiple Discretionary Applications. For projects requiring a discretionary permit approval from the Planning Commission and/or City Council in addition to Architectural Review Permit approval, the Planning Commission and/or City Council shall be the final review authority for the Architectural Review Permit and any action of the Architectural Review Commission shall be considered advisory to the Planning Commission and/or City Council. [Source: 18.115.030.F]
18.110.030 Filing, Processing, and Review
A. Application. An applicant for an Aarchitectural Rreview Ppermit shall submit the following:
[Source: 18.115.030.A]
1. Aa complete application and all applicable materials and information as required by the Planning Division. [Source: 18.115.030.A]
1.2. The Zzoning Aadministrator, at their discretion, may add or waive the submission waive submission of application materials or information items deemed unnecessary to determine compliance with applicable requirements the standards of this Cchapter.
An application is considered to be complete if it is in accordance with PHMC §
18.75.030. [Source: 18.115.030.A]
B. Noticinge and Public Hhearing.
1. The Aarchitectural Rreview Ccommission shall hold a public hearing on the Architectural Review Permit application. Notice of the hearing shall comply with Chapter 18.195 (Notice Requirements). The hearing is open to the public, but no notice is required except to the applicant. No notice or public hearing is required for an application to bebeing considered by the Zzoning Aadministrator or for streamlined ministerial review under this Ssection. [Source: 18.115.030.B] B.2. Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.XX.XXX (Multiple Discretionary Permits). [Source: NEW]
C. Decision. Within 20 working days following completion of thethe public hearing, the Architectural Review Ccommission shall approve, conditionally approve, or deny the Architectural Review Permit application. The Zzoning Aadministrator shall mail notice of the decision to the applicant and any other party requesting notice within 10 calendar days of the decision. [Source: 18.115.030.C]
D. Effective Ddate. A decision under this Cchapter takes effect at the end of the time allowed for an appeal, which is 10 calendar days after notice of the decision is mailed. If the decision is appealed, the decision is not final until the appeal process under PHMC Chapter 18.130 175 (Appeals and Calls for Review) has been exhausted. [Source: 18.115.030.D] E. Appeals.
1. A decision of the Zzoning Aadministrator under this Cchapter may be appealed to the Aarchitectural Rreview Ccommission in compliance with Chapter 18.175 (Appeals and Calls for Review). , and [Source: 18.115.030.E]
10.2.h
Packet Pg. 834
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.110 Revised Preliminary Draft – October 2024
17 E.2. Aa decision of the ArarchitecturalArchitectural Rreview Ccommission may be appealed to the Ccity Ccouncil, all in accordance compliance with Chapter 18.175 (Appeals and Calls for Review)the appeal procedures of PHMC Chapter 18.130. [Source:
18.115.030.E]
F. Projects with multiple discretionary applications. Notwithstanding subsections C through E of this section, for projects requiring a discretionary permit approval from the planning commission and/or city council in addition to approval of an architectural review permit, the planning commission and/or city council shall be the final decision-maker for the architectural review permit and any action of the architectural review commission shall be considered advisory to the planning commission and/or city council. (Ord. 921 § 3, 2018; Ord. 738 § 1 (Exh. C), 1999; Ord. 710 § 35-32.4, 1996; 1991 code § 35-32.4) [Source: 18.115.030.F] G.F. Scope of Review. In approving an architectural review permit, the The Aarchitectural Rreview Ccommission shall review the site plan and physical design of a project; the sign designs and locations; and lighting. In its review, the Aarchitectural Rreview Ccommission shall consider the following factors: [Source: 18.115.040]
1. Excellence of design; [Source: 18.115.040.A]
2. Height, bulkmass, and coverage of buildings; [Source: 18.115.040.B]
3. Colors, building materials, and types of building and installations; [Source:
18.115.040.C]
4. Physical and architectural relation with existing and proposed structures in the area and to the location of the site’s location withinsite within the Ccity; [Source:
18.115.040.D]
5. Site layout, orientation, and location of buildings, and relationship with property boundaries and open areas; [Source: 18.115.040.E]
6. Height, materials, colors, and variations in boundary walls, fences, or screen planting; [Source: 18.115.040.F]
7. Location and type of landscaping, including but not limited to setback areas and offstreet parking areas; [Source: 18.115.040.G]
8. Appropriateness of sign design and exterior lighting standards and devices and other building graphics, pursuant toin compliance with criteria and sign design guidelines established in PHMC § 18.60.050Section 18.80.070 (Specific Sign Standards) and Section 18.680.120 (Temporary Freestanding Sign Standards) and the sign design guidelines adopted under PHMC § 18.60.090; and [Source: 18.115.040.H]
9. The extent of grading and its relationship to topography, as related to visual impacts. (Ord. 738 § 1 (Exh. C), 1999; Ord. 710 § 35-32.6, 1996; 1991 code § 35-32.6) [Source:
18.115.040.I]
G. Findings. The Architectural Review Commission may approve, or recommend an approval of, an Architectural Review Permit if it finds that all the following are true, based on the application, plans, materials, and testimony submitted at the public hearing: [Source: NEW]
10.2.h
Packet Pg. 835
Chapter 18.110 Architectural Review Permits
18 1. The site demonstrates excellence in architectural design; [Source: 18.115.010.B.1]
2. The siting and architectural design of structures, including their materials and colors, are visually harmonious with surrounding development and with the natural landforms and vegetation of the areas in which they are proposed to be located; [Source:
18.115.010.B.2]
3. The landscaping of open spaces plans conforms with the requirements of this Chapter and provide visually pleasing settings for structures on the site and on adjoining and nearby lots, and blend harmoniously with the natural landscape; [Source:
18.115.010.B.3]
4. Excessive and unsightly grading of hillsides is minimized, and the preservation of natural landforms and existing vegetation is encouraged in the design of the site; [Source: 18.115.010.B.4]
5. The site complies with the Citywide Design Guidelines and Residential Objective Design Standards; and [Source: 18.115.010.B.5-6]
18.110.040 Conditions of Approval
The Aarchitectural Rreview Ccommission or Zzoning Aadministrator may impose conditions reasonably related to the application and consistent with this Cchapter. They may not impose requirements pertaining to use, density, floor area ratio (FAR), open space, yard setbacks, ridgeline and creek setbacks, parking or loading, or signs more restrictive than those prescribed by the Pplanning Ccommission and the districtzoning district regulations or a valid Uuse Ppermit or Vvariance. (Ord. 738 § 1 (Exh. C), 1999; Ord. 710 § 35-32.8, 1996; 1991 code § 35-32.8) [Source: 18.115.050]
18.110.050 Lapse of Approval – Changes to Plans
A. Lapse of Aapproval. An Aarchitectural Rreview Ppermit lapses one year12 months from its effective date unless: [Source: 18.115.060.A]
1. A Construction Bbuilding Ppermit (e.g., Demolition, Building, Grading, Site) has been issued, substantial money has been expended, and construction activities has commenced, and applicable preconstruction tasks have starteddiligently pursued; or [Source: 18.115.060.A.1]
2. An Ooccupancy Ppermit has been issued; or [Source: 18.115.060.A.2]
3. The approval is renewed by the Aarchitectural Rreview Ccommission. [Source:
18.115.060.A.3]
B. Changes to Plans or Conditions of Approval. A request for a change in a condition of approval, or a change in the Architectural Review Permit which affects a condition of approval, requires a new application for modification of the condition. [Source: 18.115.060.B]
1. If the Zoning Administrator determines that the modification is minor, the Zoning Administrator may approve the modification administratively. The Zoning Administrator’s decision may be appealed to the Planning Commission. [Source:
18.115.060.B]
10.2.h
Packet Pg. 836
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.110 Revised Preliminary Draft – October 2024
19 2. If the Zoning Administrator determines that the modification is major, then the modification shall be referred to the final decision-making body that approved the original Architectural Review Permit. [Source: 18.115.060.B] Changed plans. The zoning administrator may approve a change to the approved plans or to the conditions of approval upon a written determination that the change is minor and consistent with the intent of the original approval. A revision involving a substantial change in project design or a condition of approval requires a new application and approval B. , for modification of the condition. If the zoning administrator determines that the modification is major, then the modification shall be referred for consideration to the final decision-making body that approved the original architectural review permit. (Ord. 856 § 2 (Exh. A), 2011; Ord. 738 § 1 (Exh. C), 1999; Ord. 710 § 35-32.10, 1996; 1991 code § 35-32.10) [Source:
18.115.060.B]
18.110.060 Resubmittal of Application
Following denial of an an application for Aarchitectural Rreview Permit application, no new application for the same, or substantially the same, architectural review plan shall be accepted within one year12 months of the date of denial, unless the denial was made without prejudice. (Ord. 738 § 1 (Exh. C), 1999; Ord. 710 § 35-32.12, 1996; 1991 code § 35-32.12) [Source: 18.115.070]
10.2.h
Packet Pg. 837
Chapter 18.115 Development Plan
20 Chapter 18.115
Development Plan
10.2.h
Packet Pg. 838
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.115 Revised Preliminary Draft – October 2024
21 Chapter 18.115 Development Plan
Sections
18.115.010 Purpose and Applicability
18.115.020 Approval Authority
18.115.030 Filing, Processing, and Review
18.115.040 Findings
18.115.050 Conditions of Approval
18.115.060 Lapse of Approval – Changes to Plans
18.115.070 Resubmittal of Application
18.115.010 Purpose and Applicability
A. A Ddevelopment Pplan is required for any of the following types of development projects:
[Source: 18.90.010]
1. (1) all new stores, motels, offices, restaurants and similar new Any new structure(s) designed for an occupancy load of 30 persons or more.,
2. (2) property Lots zoned PUD., or [Source: 18.90.010]
3. (3) anAn addition of 7,000 square feet or more to an any existing store, motel, office, restaurant or similar structure structure(s), except for single-family residential structures. [Source: 18.90.010]
B. A Ddevelopment Pplan is not required for the construction or alteration of a single-family residential structurece. [Source: 18.90.010]
C. Development Pplan approval is required in addition to an Aarchitectural Rreview Permit under PHMC Chapter 18.115Chapter 18.110 (Architectural Review Permits). (Ord. 710 § 35-28.1, 1996; 1991 code § 35-28.1) [Source: 18.90.010]
18.115.020 Approval Authority
The Pplanning Ccommission has the authority to approve, conditionally approve, or deny applications for Ddevelopment Pplans. (Ord. 710 § 35-28.2, 1996; 1991 code § 35-28.2) [Source: 18.90.020]
18.115.030 Filing, Processing, and Review
A. Application. Application. An applicant for a Development Plan shall submit the following:
[Source: 18.90.030.A]
1. A complete application and all applicable materials and information as provided by the Planning Division. [Source: 18.90.030.A]
10.2.h
Packet Pg. 839
Chapter 18.115 Development Plan
22 A. The applicant shall submit a request for a development plan to the zoning administrator on a form provided by the city. An application is considered to be complete if it is in accordance with PHMC § 18.75.030. [Source: 18.90.030.A]
2. The Zoning Administrator, at their discretion, may add or waive the submission of application materials or information to determine compliance with the standards of this Chapter. [Source: 18.90.030.A]
B. Notice and Ppublic Hhearing.
B.1. The Pplanning Ccommission shall hold a public hearing on an application for a Ddevelopment Pplan, and shall hear testimony for and against the application and notice such meeting in compliance with Chapter 18.195 (Notice Requirements). A public hearing may be continued to a definite date and time without additional public notice. [Source: 18.90.030.B]
2. The zoning administrator shall set the time and date for the public hearing. The hearing shall be scheduled within 20 calendar days, and held within 60 calendar days, after the application is deemed complete. Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.XX.XXX (Multiple Discretionary Permits). [Source:
NEW]When applications for multiple development plans, use permits or variances on a single site are filed at the same time, the zoning administrator may schedule a combined public hearing. [Source: 18.90.030.B]
Notice of the hearing shall be given in accordance with PHMC Chapter 18.80. A public hearing may be continued to a definite date and time without additional public notice. [Source: 18.90.030.B] C. Decision. The Pplanning Ccommission shall approve, conditionally approve, or deny an application within 20 working days after the close of the public hearing. The Zzoning Aadministrator shall mail notice of the decision to the applicant and any other party requesting notice within 10 calendar days of the decision. The date of the decision is the date the Planning Ccommission (or City Ccouncil, on appeal) adopts the resolution. [Source: 18.90.030.C] D. Effective Date. A decision under this Cchapter takes effect at the end of the time allowed for an appeal, which is 10 calendar days after notice of the decision is mailed. [Source:
18.90.030.D]
E. Appeal. A decision of the Pplanning Ccommission may be appealed to the Ccity cCouncil, all in accordance compliance with the appeal procedures of PHMC Chapter 18.130175 (Appeals and Calls for Review). (Ord. 710 § 35-28.4, 1996; 1991 code § 35-28.4) [Source: 18.90.030.E]
18.115.040 Findings
The Pplanning Ccommission may approve a development plan if it finds that all of the following are true, based on the application, plans, materials, and testimony submitted at the public hearing: [Source:
18.90.040]
A. The proposed development will not be detrimental to the health, safety, and general welfare of persons residing or working in the vicinity of the proposed development; [Source: 18.90.040.A]
10.2.h
Packet Pg. 840
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.115 Revised Preliminary Draft – October 2024
23 B. The proposed development will not be injurious or detrimental to adjacent properties or to property in the neighborhood or in the city; [Source: 18.90.040.B] C. The proposed development is consistent with the policies and goals established by the Ggeneral Pplan; and [Source: 18.90.040.C]
D. The proposed development is architecturally compatible with other developments in the vicinity, both inside and outside the districtzoning district. (Ord. 710 § 35-28.6, 1996; 1991 code § 35-
28.6) [Source: 18.90.040.D]
18.115.050 Conditions of Approval
In approving a Ddevelopment Pplan, the Pplanning Ccommission may impose reasonable conditions necessary to: [Source: 18.90.050]
A. Achieve the general purposes of this Cchapter or the specific purposes of the zoning districtzoning district in which the site is located, or [Source: 18.90.050.A] A.B. Tto make it consistent with the Ggeneral Pplan; [Source: 18.90.050.A] B.C. Protect the public health, safety, and general welfare of persons residing or working in the vicinity of the proposed development; or [Source: 18.90.050.B] C.D. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area. (Ord. 710 § 35-28.8, 1996; 1991 code § 35-28.8) [Source: 18.90.050.C]
18.115.060 Lapse of Approval – Changes to Plans
A. Lapse of Aapproval. A Ddevelopment Pplan lapses one year 12 months after its date of approval, or at an alternative time specified as a condition of approval, unless one of the following has occurred: [Source: 18.90.060.A]
1. A Construction Permit (e.g., Demolition, Building, Grading, Site) has been issued, construction activities has commenced, and applicable preconstruction tasks have started; A building permit has been issued, substantial money has been expended, and construction diligently pursued; or [Source: 18.90.060.A.1]
2. A Ccertificate of Ooccupancy has been issued; or [Source: 18.90.060.A.2]
3. The Ddevelopment Pplan is renewed by the Pplanning Ccommission or other hearing body which originally approved it. No new notice or public hearing is required for a renewal if the findings required for approval remain valid. [Source: 18.90.060.A.3] B. Changes to Pplans or Conditions of Approval. A request for a change in a condition of approval, or a change in the Ddevelopment Pplan which affects a condition of approval, requires a new application for modification of the condition. [Source: 18.90.060.B]
1. If the Zzoning Aadministrator determines that the modification is minor, the Zzoning Aadministrator may approve that minorthe modification administratively., The Zoning Administrator’s decision and that decision may be appealed to the Pplanning Ccommission. [Source: 18.90.060.B]
10.2.h
Packet Pg. 841
Chapter 18.115 Development Plan
24 B.2. If the Zzoning Aadministrator determines that the modification is major, then the modification shall be referred for consideration to the final decision-making body that approved the original Ddevelopment Pplan. (Ord. 856 § 2 (Exh. A), 2011; Ord. 710 § 35-28.10, 1996; 1991 code § 35-28.10) [Source: 18.90.060.B]
18.115.070 Resubmittal of Application
Following the denial of a Ddevelopment Pplan applications, no new application for the same, or substantially the same, Development Pplan shall be accepted within one year 12 months of the date of denial, unless the denial was made without prejudice. (Ord. 710 § 35-28.12, 1996; 1991 code § 35-
28.12) [Source: 18.90.070]
10.2.h
Packet Pg. 842
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.120 Revised Preliminary Draft – October 2024
25 Chapter 18.120
Minor Exceptions
10.2.h
Packet Pg. 843
Chapter 18.120 Minor Exceptions
26 Chapter 18.120 Minor Exceptions
Sections
18.120.010 Purpose
18.120.020 Applicability
18.120.030 Review Authority
18.120.040 Filing, Processing, and Review
18.120.050 Findings
18.120.060 Conditions of Approval
18.120.070 Lapse of Approval – Changes to Plans
18.120.080 Resubmittal of Application
18.120.010 Purpose
The purposes of this Cchapter isare to:
A. Allow the Zzoning Aadministrator to grant approve a minor exception from specified development standards required by this Titlezoning ordinance. [Source: 18.111.010.A] B. Provide an appropriate process to enable the Zzoning Aadministrator to grant approve a requested Mminor Eexception. [Source: 18.111.010.B]
C. Provide appropriate and reasonable findings to allow the Zzoning Aadministrator to grant approve a requested Mminor Eexception. [Source: 18.111.010.C] D. Ensure that any Minor Eexceptions granted approved under this Chapter will be are consistent with the purpose and intent of this Ttitle. (Ord. 857 § 2, 2011) [Source: 18.111.010.D]
18.120.020 Applicability
A. A Mminor Eexception may be requested for any of the followingitem identified below:
A.1. Fence or Wwall Hheight. Up to a one foot An increase in the maximum allowable height of a fence or wall established in Section 18.65.040 (Residential Fence and Wall Standards) of not more than one foot (see PHMC § 18.20.040.H). [Source:
18.111.020.A]
B.2. Floor Aarea Rratio (FAR). A maximum increase of 10% percent of the existing FAR standard (e.g., if the FAR is 30 percent%, the maximum potential increase would be three3 percent%). [Source: 18.111.020.B]
C.3. Landscaping Aarea. A decrease in minimum landscaping area, or planting area, or dimensional requirements of not more than 20 percent% of the applicable standard established in Section 18.15.040 (Additional Development Standards) and Chapter
18.25.030 (Development Standards for Commercial, Office, and Industrial Districts)(see PHMC §§ 18.20.040.G and 18.25.030). [Source: 18.111.020.C]
10.2.h
Packet Pg. 844
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.120 Revised Preliminary Draft – October 2024
27 D.4. Loading. A decrease in the number of required loading spaces; provided, that if it can be demonstrated that the spaces are not needed for the proposed use and the area that was to be used for the loading space(s) shall be used as additional landscaping, parking, or open space in addition to the minimum ordinance requirements established in Section 18.70.020 (General Requirements for Off-Street Parking and Loading) and Section 18.70.030 (Off-Street Parking and Loading Spaces Required)(see PHMC §§
18.55.020 and 18.55.030). [Source: 18.111.020.D]
E.5. Lot Ccoverage. An increase of not more than 10 percent% of the applicable lot lot coverage standards established in Section 18.15.030 (Development Standards for Residential Zoning districts) (e.g., if the lot coverage standard is 30 percent% x 0.10 = a 10 percent increase would be three3 percent%) (see PHMC § 18.20.030). [Source:
18.111.020.E]
1.6. Lot Ddepth and/or Wwidth. A decrease of not more than 10 percent% of a minimum depth and/or width dimension, only when if the minimum required lot area and density requirements established in Section 18.15.030 (Development Standards for Residential Zoning districts) are met (e.g., a lot depth requirement of 90 feet may be reduced to 81 feet) (see PHMC § 18.20.030). [Source: 18.111.020.F]
2.7. Open Sspace. A decrease of not more than 10 percent% of the minimum required amount of usable open space on the site (private and/or shared), or open space dimensional requirements established in Section 18.15.030 (Development Standards for Residential Zoning districts) and Section 18.15.040 (Additional Development Standards)(see PHMC §§ 18.20.030 and 18.20.040.E). [Source: 18.111.020.G] F.8. Projections. An increase of not more than 20 percent% in the allowable projection of cornices, eaves, fireplaces, masonry chimneys, overhangs, and or steps into a required setback area, (provided, that the projection shall not be closer than three feet to any property line). Projections shall be measured from the required setback (i.e., , not from an existing legal nonconforming setback or from a reduced setback that may be granted through a Vvariance or Mminor Eexception in accordance with) (Section
18.45.080 (Structure Projections into Yards and Courts)see also PHMC § 18.50.020). [Source: 18.111.020.H]
G.9. Screening of Mmechanical Eequipment. Approval of aAlternative methods of screening, including the use of painting or other stealthing or camouflaging techniques, if the zoning administrator it is determineds that other screening methods established in Section 18.65.060 (Screening of Mechanical Equipment) are not feasible and the alternative methods will provide substantial screening consistent with the intent and purpose of this Ttitle (see PHMC § 18.50.090). [Source: 18.111.020.I] H.10. Minimum Setbacksyards. A decrease of not more than 20 percent% of the applicable yard setback standards as established in the base zoning district if consistent with the character of existing development in the surrounding area. In no circumstance shall a Mminor Eexception be granted approved for a main building or accessory structure that reduces yard setbacks to less than the following (see PHMC §§ 18.20.030 and
18.25.030): [Source: 18.111.020.J]
10.2.h
Packet Pg. 845
Chapter 18.120 Minor Exceptions
28 1.a. Front yardSetback: 16 feet (a minimum of 20 feet shall be maintained for any garage facing the street). [Source: 18.111.020.J.1]
2.b. Side yardsSetback: Tthree feet. [Source: 18.111.020.J.2]
3.c. Rear yardSetback: Ffive feet. [Source: 18.111.020.J.3] I.11. Accessory Sstructures.
1.a. Accessory structures on parcels lots with existing and ongoing agricultural/horticultural uses that are two acres or larger may exceed the maximum floor area and/or height standards specified in PHMC § 18.20.050.A through 18.20.050.DSection 18.15.060 (Accessory Structure and Use:
Residential Zoning districts), provided the accessory structures comply with all other applicable development standards; [Source: 18.111.020.K.1]
2.b. Any other type of decorative landscape structure/feature(s), not identified in PHMC § 18.20.050.G Section 18.15.060 (Accessory Structure and Use:
Residential Zoning districts) (e.g., trellis, fountain, column or similar) exceeding three feet in height, andheight and occupying not more than 10 percent% of the required yard area (either individually or cumulatively). [Source: 18.111.020.K.2]
J. Other Minor Exceptionsrequired dimensions. The zoning administrator may approve minor adjustments exceptions in other required dimensions, up to a change of 20% of the required dimension, excluding any increase in maximum building height (see PHMC §§ 18.20.030 and 18.25.030). [Source: 18.111.020.L]
12. Other minor Exceptionsadjustments. The Zzoning Aadministrator may approve other Mminor Exceptions adjustments tofor other zoning ordinancedevelopment standards established in this Title (excluding any increase in maximum building height)in addition to those specified above,; provided, that all the following requirements are met:
a. The adjustment(s) do not result in more than a 20 percent change in any given development standard; [Source: NEW]
b. that all ofAll the findings specified in PHMC § 18.111.040Section 18.120.060 (Findings) are satisfied; and [Source: 18.111.020.M]
K.c. Tthe Pplanning Ccommission is notified of the proposed Mminor Eexception and provided with an opportunity to call the proposed Mminor Eexception up for review by the Planning Commission pursuant to PHMC §
18.130.010Section 18.165.010 (Right to Appeal, Call for Review, Time Limits). [Source: 18.111.020.M]
B. Required Vvariance. A request for an exception to development standards that exceeds the limitations identified in this chapterSubsection A requires the approval of a Vvariance under in compliance with PHMC Chapter 18.110145 (Variance). [Source: 18.111.020.N] L.C. Approval of a Mminor Eexception and/or eligibility for consideration of approval of a Mminor Eexception does not constitute a basis for future approval of a Vvariance. (Ord. 857 § 2, 2011) [Source: 18.111.020.N]
10.2.h
Packet Pg. 846
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.120 Revised Preliminary Draft – October 2024
29 18.120.030 Review Authority
A. Authority. The Zzoning Aadministrator has the authority to approve, conditionally approve, or deny Mminor Eexceptions. The Zzoning Aadministrator may, at his or her their discretion, refer a Mminor Eexception application directly to the Pplanning Ccommission for consideration.; [Source: 18.120.030.A]
B. except that wheneverIf more than one Mminor Eexception is requested for a property lot (either concurrently or sequentially over time), the Mminor Eexception request(s) shall be referred to the Pplanning Ccommission for consideration at a public hearing. [Source: 18.120.030.A]
18.120.040 Application Requirements
A. Application. The applicant shall submit a request for a minor exception to the zoning administrator, on forms provided by the city. An application is considered to be complete if it is in accordance with PHMC § 18.75.030. [Source: 18.120.030.B]
18.120.05018.120.040 Filing, Processing, and Review
A. Application. An applicant for a Minor Exception shall submit the following:
1. A complete application and all applicable materials and information as provided by the Planning Division. [ Source: 18.90.030.A]
2. The Zoning Administrator, at their discretion, may add or waive the submission of application materials or information to determine compliance with the standards of this Chapter. [Source: Source: 18.90.030.A]
B. Notice and Ppublic Hhearing.
1. Notice. Within 20 calendar days after the application is deemed complete, tThe Zzoning Aadministrator shall, within 20 calendar days after the application is deemed complete, notify all residents and property owners within 300 feet of the project site, and provide notice to the, Pplanning Ccommission, and Ccity Ccouncil that a decision will be made by the Zzoning Aadministrator to approve or disapprove deny the Mminor Eexception application on a date specified in the notice., [Source: 18.120.030.C]
2. Public Hearing.
a. and that aFor a Minor Exception application being reviewed by the Zoning Administrator, a public hearing will be held only if requested in writing by any interested person before the specified date for the decision. When a hearing is requested, notice of the hearing shall be provided in compliance accordance with PHMC Chapter 18.80195 (Notice Requirements). [Source: 18.120.030.C b. When multiple applications for a Minor Exception are submitted for a single site or a project has multiple discretionary permits or entitlements, the public hearing shall be conducted in compliance with Section 18.XX.XXX (Multiple Discretionary Permits). [Source: NEW]
A.c. in conjunction with a request for a minor exception, and when any of these applications require planning commission review, the zoning administrator
10.2.h
Packet Pg. 847
Chapter 18.120 Minor Exceptions
30 shall schedule a combined public hearing for all of the applications before the planning commission. A public hearing may be continued to a definite date and time without additional public notice. [Source: 18.120.030.C] C. Decision.
1. The Zzoning Aadministrator shall approve, conditionally approve, or deny an application for a Minor Exception within 20 working days after issuance of a public notice as specified in Paragraph A.1 subsection C of this Ssection or within 20 working days after the close of the public hearing, whichever is applicable. The Zzoning Aadministrator shall mail notice of the decision, including a description of the appeal process as specified in PHMC Chapter 18.13018.175 (Appeals and Calls for Review), to the applicant and any other party requesting notice and shall provide electronic mail (email) notice of the decision to the Pplanning Ccommission and Ccity Ccouncil within 10 calendar days of the decision. [Source: 18.120.030.D] B.2. In the case of the Pplanning Ccommission review, or Ccity Ccouncil on appeal, the date of the decision is the date the Planning Ccommission or City Ccouncil adopts the resolution approving or denying the application(s). [Source: 18.120.030.D] C.D. Effective Ddate. A decision under this section Chapter takes effect at the end of the time allowed for an appeal, which is 10 calendar days after notice of the decision is mailed. [Source:
18.120.030.E]
E. Appeals. A decision of the Zzoning Aadministrator may be appealed to the Pplanning Ccommission in accordance with Chapter 18.175 (Appeals and Calls for Review)., and a [Source: 18.120.030.F]
D. decision of the planning commission may be appealed to the city council, all in accordance with the appeal procedures of PHMC Chapter 18.130. [Source:
18.120.030.F]
E.F. Call for Rreview. A decision of the Zzoning Aadministrator may be called for review by any member of the Pplanning Ccommission, Aarchitectural Rreview Ccommission, and/or Ccity Ccouncil pursuant to in accordance with the provisions of Chapter 18.175 (Appeals and Calls for Review)PHMC Chapter 18.130. (Ord. 857 § 2, 2011) [Source: 18.120.030.G]
18.120.06018.120.050 Findings
The Zzoning Aadministrator may approve an application for a Mminor Eexception if the following findings can be made, based on the application, plans, materials, and any public testimony submitted with the application: [Source: 18.111.040]
A. No practical alternative exists to the proposed exception; [Source: 18.111.040.A] B. The purpose and intent of the subject zone districtzoning district will not be substantially compromised; [Source: 18.111.040.B]
C. There will be no detrimental impact (aesthetically or otherwise) to the site, adjacent properties, or neighborhood; [Source: 18.111.040.C]
D. The project will be in substantial conformance with the city-wide design guidelines; [Source:
18.111.040.D]
10.2.h
Packet Pg. 848
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.120 Revised Preliminary Draft – October 2024
31 E. The proposed project will otherwise be in complyiance with all applicable zoning ordinance standards and requirements of this Title, including any applicable specific plan or planned unit development. (Ord. 857 § 2, 2011) [Source: 18.111.040.E]
18.120.07018.120.060 Conditions of Approval
In approving a Mminor Eexception, the Zzoning Aadministrator may impose reasonable conditions necessary to: [Source: 18.111.050]
A. Achieve the general purposes of this Cchapter or the specific purposes of the zoning districtzoning district in which the site is located, and/or to ensure that the request is consistent with the Ggeneral Pplan; [Source: 18.111.050.A]
B. Protect the public health, safety, and general welfare of persons residing or working in the vicinity of the proposed development; [Source: 18.111.050.B] C. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area; [Source: 18.111.050.C] D. Ensure substantial conformance with city-wide design guidelines. (Ord. 857 § 2, 2011) [Source:
18.111.050.D]
18.120.08018.120.070 Lapse of Approval – Changes to Plans A. An approval for a Minorn Eexception lapses one year12 months after its date of approval, or at an alternative time specified as a condition of approval, unless one any of the following has occurred: [Source: 18.111.060]
A.1. A Construction Permit (e.g., Demolition, Building, Grading, Site) has been issued, construction activities has commenced, and applicable preconstruction tasks have startedA Bbuilding Ppermit has been issued, substantial money has been expended, and construction diligently pursued; or [Source: 18.111.060.A] B.2. A certificate of occupancy has been issued; or [Source: 18.111.060.B] C.3. The exception is renewed by the hearing bodyreview authority which originally approved itthe Minor Exception. No new notice or public hearing is required for a renewal if the findings required for approval remain valid. (Ord. 857 § 2, 2011) [Source:
18.111.060.C]
D.B. A request for a change in the Mminor Eexception or a condition of approval requires a new application for modification of the condition. If the Zzoning Aadministrator determines that the modification is minor, the zoning administratorthey may approve that minor modification administratively, and that decisionwhich may be appealed to the Pplanning Ccommission. If the zoning administrator determines that the modification is major, then the modification shall be referred for consideration to the final decision-making body that approved the original Mminor Eexception. (Ord. 857 § 2, 2011) [Source: 18.111.070]
18.120.09018.120.080 Resubmittal of Application
Following denial of a Mminor Eexception:,
10.2.h
Packet Pg. 849
Chapter 18.120 Minor Exceptions
32 A. Nno new application for the same, or substantially the same, Mminor Eexception shall be accepted within one year 12 months of the date of denial, unless the denial was made without prejudice. [Source: 18.111.080]
B. Upon denial of a minor exception, tThe applicant may apply for a Vvariance under PHMC Chapter 18.110145. (Ord. 857 § 2, 2011) [Source: 18.111.080]
10.2.h
Packet Pg. 850
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.125 Revised Preliminary Draft – October 2024
33 Chapter 18.125
Reasonable Accommodation
10.2.h
Packet Pg. 851
Chapter 18.125 Reasonable Accommodation
34 Chapter 18.125 Reasonable Accommodation
Sections
18.125.010 Purpose
18.125.020 Review Authority
18.125.030 Requests
18.125.040 Application Requirements
18.125.050 Filing, Processing, and Review
18.125.060 Findings
18.125.070 Appeal
18.125.010 Purpose
It is the Ccity’s policy to provide individuals with disabilities reasonable accommodation in regulations and procedures to ensure equal access to housing, and to facilitate the development of housing. The purpose of this Cchapter is to provide a procedure under which a disabled person may request a reasonable accommodation in the application of the zoning development requirements and standards established in this Title. [Source: 18.112.010]
This Cchapter is based on requirements of the Ffederal and Sstate of California fair housing laws, and implements the Hhousing Eelement of the city’s Ggeneral Pplan. It is distinct from the requirements for a variance set forth established in Government Code Ssection 65906 and PHMC Chapter 18.110145, (Variances). (Ord. 838 § 1, 2009) [Source: 18.112.010]
18.125.020 Review Authority
A. Zoning Aadministrator. The Zzoning Aadministrator has the authority to review and decide upon requests for Rreasonable Aaccommodation, including whether the applicant is a disabled person within the meaning of this Cchapter, except as noted in subsection A.2Subsection B of this section. The Zzoning Aadministrator may refer the matter to the Pplanning Ccommission or Aarchitectural Rreview Ccommission, as appropriateat their discretion. [Source:
18.112.050.A.1]
B. Planning Ccommission. The Pplanning Ccommission has the authority to review and decide upon requests for Rreasonable Aaccommodation, including whether the applicant is a disabled person within the meaning of this Cchapter, when referred by the Zzoning Aadministrator or when a Rreasonable Aaccommodation request includes any of the following:
1. Aany encroachment into the front yard setback area, r [Source: 18.112.050.A.2
2. Results in a building size increase above what is allowed in the applicable zoning districtzoning district with respect to height, lot coverage, and/or floor area ratio maximums, or [Source: 18.112.050.A.2]
3. whenever aA reduction in required parking is requested. [Source: 18.112.050.A.2]
10.2.h
Packet Pg. 852
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.125 Revised Preliminary Draft – October 2024
35 C. Architectural Rreview Ccommission. The Aarchitectural Rreview Ccommission has the authority to review and decide upon requests for reasonable accommodation, including whether the applicant is a disabled person within the meaning of this Cchapter, when referred by the ZCzoning Aadministrator. [Source: 18.112.050.A.3]
18.125.030 Requests
A. Request. A A request for Reasonable Accommodation may be made by any person with a disability, their representative, or any entity, disabled person may request a reasonable accommodation in the application of the city’s land use and zoning regulationswhen the application of a zoning law or other land use regulation, policy, or practice acts as a barrier to fair housing opportunities.. Such a request may include a modification or exception to the requirements for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers. A Rreasonable Aaccommodation cannot waive a requirement for a conditional Uuse Ppermit when otherwise required or result in approval of uses otherwise prohibited by the Ccity’s General Plan Lland Uuse Element and zoning regulationsZoning Ordinance. [Source: 18.112.030.A]
B. Availability of Iinformation. Information regarding this reasonable accommodation procedure shall be prominently displayed at the public Planning Division’s public information counters in the planning division, advising the public of the availability of the procedure for eligible applicants, and be made available in any other manner as determined by the directorPlanning DirectorZoning Administrator. [Source: 18.112.030.B]
C. Assistance. If an applicant needs assistance in making the request, the Pplanning Ddivision will endeavor to shall provide the assistance necessary to ensure that the process is available to the applicant. [Source: 18.112.030.C]
D. Balancing Rrights and Rrequirements. The city willIn the City’s requests for information, consideration of an application, preparation of written findings, and maintenance of records of Reasonable Accommodation requests, it will attempt to balance:(1)
1. Thethe privacy rights and reasonable request of an applicant for confidentiality by an applicant, with (2) [Source: 18.112.030.D]
D.2. the land use rRequirements for notice and public hearing, factual findings, and rights to appeal, in the city’s requests for information, considering an application, preparing written findings and maintaining records for a request for reasonable accommodation. (Ord. 838 § 1, 2009) established in this Title. [Source: 18.112.030.D]
18.125.040 Application Requirements
A. Application. The applicant shall submit a request for Rreasonable Aaccommodation on a form provided by the Pplanning Ddivision. The application shall include the following information:
[Source: 18.112.040.A]
1. The applicant’s name, address, and telephone number; [Source: 18.112.040.A.1]
2. Address of the property for which the request is being made; [Source: 18.112.040.A.2]
10.2.h
Packet Pg. 853
Chapter 18.125 Reasonable Accommodation
36 3. The name and address of the property owner, and the owner’s written consent to the application; [Source: 18.112.040.A.3]
4. The current actual use of the property; [Source: 18.112.040.A.4]
5. The basis for the claim that the individual is considered disabled under the fair housing laws.: identification and description of the disability which is the basis for the request for accommodation, including current, written medical certification and description of disability and its effects on the person’s medical, physical or mental limitations; [Source: 18.112.040.A.5]
6. 6. The type of accommodation being requested and the rule, policy, practice, and/or procedure of the Zoning Ordinance to be modified or waived. [Source: 18.112.040.A.6 and 18.112.040.A.7]
7. The rule, policy, practice and/or procedure of the city for which the request for accommodation is being made, including the zoning code regulation from which reasonable accommodation is being requested; [Source: 18.112.040.A.6]
8. The type of accommodation sought; [Source: 18.112.040.A.7]
9.7. The reason(s)A description for why the accommodation is reasonable and necessary for the needs of the individual(s) with the disabilitydisabled person(s) to use and enjoy the housing unit. Where appropriate, include a summary of any potential means and alternatives considered in evaluating the need for the accommodation; [Source:
18.112.040.A.8]
10.8. Copies of memoranda, correspondence, pictures, plans, or background information reasonably necessary to reach a decision regarding the need for the accommodation; and [Source: 18.112.040.A.9]
11.9. Other supportive information deemed necessary by the department Planning Division to facilitate proper consideration of the request, consistent with fair housing laws. [Source: 18.112.040.A.10]
B. Review with Oother Lland Uuse Aapplications. If the project for which the Rreasonable Aaccommodation is being requested also requires some other discretionary approval (such asei.ge., conditional Uuse Ppermit, Aarchitectural Rreview Permit, Ggeneral Pplan Aamendment, Zzoning Aamendment, Ssubdivision Mmap), then the applicant shall submit the Rreasonable Aaccommodation application first for a determination by the Zzoning Aadministrator, before proceeding with the other applications. [Source: 18.112.040.B] C. Fee. The fee for an application for Rreasonable Aaccommodation shall be established by resolution of the Ccity Ccouncil. (Ord. 838 § 1, 2009) [Source: 18.112.040.C]
18.125.050 Filing, Processing, and Review
A. Notice and Public Hearing. No advance notice or public hearing is required for consideration of Rreasonable Aaccommodation requests by the Zzoning Aadministrator. Requests for Rreasonable Aaccommodation subject to review by the Pplanning Ccommission or Aarchitectural Rreview Ccommission shall require advance notice and a public hearing
10.2.h
Packet Pg. 854
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.125 Revised Preliminary Draft – October 2024
37 pursuant toin compliance with the requirements of PHMC § Chapter 18.80.030195 (Notice Requirements). [Source: 18.112.050.B]
B. Decision.
B.1. The Zzoning Aadministrator shall render approve, conditionally approve, deny, or a decision or refer the matter to the Pplanning Ccommission or Aarchitectural Rreview Ccommission within 30 calendar days after the application is completesubmittal of a complete application, and shall approve, approve with conditions or deny the application, based on the findings set forth in PHMC § 18.112.060. The Notice of the decision shall be in writing and mailed to the applicant and to all residents and property owners within 300 feet of the project site. [Source: 18.112.050.C]
2. If the application for Rreasonable Aaccommodation involves another discretionary decision, the reviewing body review authority for that decision shall accept as final the determination regarding Rreasonable Aaccommodation by the Zzoning Aadministrator, unless the Rreasonable Aaccommodation request has been referred by the zoning administrator to the Pplanning Ccommission or Aarchitectural Rreview Ccommission for consideration. [Source: 18.112.050.C]
3. If the application for Rreasonable Aaccommodation is referred to, or reviewed by, the Pplanning Ccommission or Aarchitectural Rreview Ccommission, a decision to approve, approve with conditionsconditionally approve, or deny the application shall be rendered within 20 working days after the close of the public hearing, based on the findings set forth in PHMC § 18.112.060. (Ord. 838 § 1, 2009). [Source: 18.112.050.C]
18.125.060 Findings
A. Findings. The reviewing authorityreview authority shall approve or conditionally approve an application for Reasonable Accommodation the application, with or without conditions, if it can make the following findings: [Source: 18.112.060.A]
1. The housing will be used by a qualified disabled person; [Source: 18.112.060.A.1]
2. The requested accommodation is necessary to make specific housing available to a disabled qualified person; [Source: 18.112.060.A.2]
3. The requested accommodation would not impose an undue financial or administrative burden on the Ccity; and [Source: 18.112.060.A.3]
4. The requested accommodation would not require a fundamental alteration in the nature of a Ccity program or law, including land use and zoning. [Source:
18.112.060.A.4]
B. Other Rrequirements. [Source: 18.112.060.B]
1. An approved request for Rreasonable Aaccommodation is subject to the applicant’s compliance with all other applicable zoning regulations of this Title. [Source:
18.112.060.B.1]
2. A modification approved under this Cchapter is considered a personal accommodation for the individual applicant and does not run with the land. [Source: 18.112.060.B.2
10.2.h
Packet Pg. 855
Chapter 18.125 Reasonable Accommodation
38 3. Where appropriate, the reviewing authorityreview authority may apply any or all of the following conditions condition its approval on any or all of the followingto approval:
[Source: 18.112.060.B.3]
a. Inspection of the property periodically, as specified, toproperty to verify compliance with this section Chapter and any conditions of approval. The frequency of inspection shall be specified in the condition of approval.; [Source: 18.112.060.B.3.a]
b. Removal of the improvements if or when the need for which the accommodation was granted no longer exists, where if removal would not constitute an unreasonable financial burden, when the need for which the accommodation was granted no longer exists.; [Source: 18.112.060.B.3.b] c. Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists.; [Source: 18.112.060.B.3.c] d. Recordation of a deed restriction requiring removal of the accommodating feature once the need for it no longer exists.; [Source: 18.112.060.B.3.d] e. Measures to reduce the impact on surrounding uses; [Source:
18.112.060.B.3.e]
f. fMeasures in consideration of the physical attributes of the property and structures; [Source: 18.112.060.B.3.f]
g.e. Other reasonable accommodations that may provide an equivalent level of benefit and/or that will not result in an encroachment into required setbacks, exceedance of maximum height, lot coverage, or floor area ratio requirements specified for the Zzone Ddistrict; and. [Source: 18.112.060.B.3.g] h.f. Other conditions necessary to protect the public health, safetysafety, and welfare of surrounding residents, workers, and visitors. (Ord. 838 § 1, 2009) [Source: 18.112.060.B.3.h]
18.125.070 Appeal
A decision by the Zzoning Aadministrator may be appealed to the Pplanning Ccommission and/or Architectural Review Commission and a decision of the Pplanning Ccommission and/or Aarchitectural Rreview Ccommission may be appealed to the Ccity Ccouncil in accordance with the appeal procedures in of PHMC Chapter 18.130175 (Appeals and Calls for Review). (Ord. 838 § 1, 2009) [Source: 18.112.070]
10.2.h
Packet Pg. 856
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.130 Revised Preliminary Draft – October 2024
39 Chapter 18.130
Sign Permit
10.2.h
Packet Pg. 857
Chapter 18.130 Sign Permit
40 Chapter 18.130 Sign Permit
Sections
18.130.010 Purpose and Applicability
18.130.020 Review Authority
18.130.030 Filing, Processing, and Review
18.130.040 Findings
18.130.050 Conditions of Approval
18.130.060 Lapse of Approval – Changes to Plans
18.130.070 Revocation
18.130.010 Purpose and Applicability
No sign shall be erected or displayed without a Ssign Ppermit or temporary sign permit, unless the sign is exempt under PHMC § Section 18.60.02018.80.040 (Exempt Signs). [Source: 18.105.010]
18.130.020 Review Authority
A. The Zzoning Aadministrator has the authority to approve, conditionally approve, or deny a Ssign Ppermit. The Zzoning Aadministrator may, in his or her discretion, refer a Ssign Ppermit directly to the Aarchitectural Rreview Ccommission. [Source: 18.105.020] B. In addition to Subsection A, tThe Aarchitectural Rreview Ccommission has the authority to approve, conditionally approve, or deny a Ssign Ppermit for a theater or marquee sign under PHMC § 18.60.050.FSection 18.80.070 (Specific Sign Standards). [Source: 18.105.020]
18.130.030 Filing, Processing, and Review
A. Application. An applicant for a Sign Permit shall submit the following: [Source: 18.105.030.A]
1. A complete application and all applicable materials and information as provided by the Planning Division. [Source: 18.105.030.A]
2. The Zoning Administrator, at their discretion, may add or waive the submission of application materials or information to determine compliance with the standards of this Chapter. [Source: Source: 18.105.030.A]
A. Application. The applicant shall submit a request for a sign permit, to the zoning administrato on forms provided by the city. An application is determined to be complete in accordance with PHMC § 18.75.030. [Source: 18.105.030.A]]The Zoning Administrator may waive submission of items deemed unnecessary to determine compliance with applicable requirements of this Chapter. [Source: NEW]
B. Notice and Public Hearing.
1. No notice or public hearing is required, unless referred to the Architectural Review Commission or appealed to the Planning Commission and/or City Council, in which
10.2.h
Packet Pg. 858
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.130 Revised Preliminary Draft – October 2024
41 case a public hearing shall be held and noticed in compliance with Chapter 18.195 (Notice Requirements). [Source: 18.105.030.A]
2. Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.XX.XXX (Multiple Discretionary Permits). [Source: NEW]
C. Decision.
1. The Zzoning Aadministrator shall approve, conditionally approve, or deny an application for a Sign Permit within 10 working days of the submittal of a complete application. [Source: 18.105.030.B]
2. If the Zoning Administrator refers an application for a Sign Permit to the Architectural Review Commission, the Architectural Review Commission The architectural review commission shall approve, conditionally approve, or deny an application within 30 20 working days following the close of the public hearing. [Source: 18.105.030.B] B.3. The Zzoning Aadministrator shall mail notice of the decision to the applicant within 10 calendar days of the decision. In the case of an appeal, the date of decision is the date of the adoption of a resolution of decision. [Source: 18.105.030.B] D. Effective Ddate – Appeal. . A Ssign Ppermit or master sign program approval or temporary sign permit is effective on the date of approval.
C.E. Appeal. Any interested person may appeal a decision of the application by the Zzoning Aadministrator to the Aarchitectural Rreview Ccommission and a decision of the Aarchitectural Rreview Ccommission to the Ccity Ccouncil, in accordance with PHMC Chapter 18.130Chapter
18.175 (Appeals and Calls for Review). [Source: 18.105.030.C] D.F. Projects with Mmultiple Ddiscretionary Aapplications. Notwithstanding Ssubsections B and C of this section, for projects requiring a discretionary permit approval from the Pplanning Ccommission and/or Ccity Ccouncil in conjunction with approval of a Ssign Ppermit and/or master sign program, the Pplanning Ccommission and/or Ccity Ccouncil shall be the final decision-maker for the Ssign Ppermit and/or master sign program and any action of the Zzoning Aadministrator and/or Aarchitectural Rreview Ccommission shall be considered advisory to the Pplanning Ccommission and/or Ccity Ccouncil. (Ord. 921 § 2, 2018; Ord. 856 § 2 (Exh. A), 2011; Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.4, 1996; 1991 code § 35-30A.4) [Source: 18.105.030.D]
18.130.040 Findings
The review authorityzoning administrator or architectural review commission shall consider the following elements in evaluating a Ssign Ppermit application: [Source: 18.105.040.A] A. Visibility and legibility, including: [Source: 18.105.040.A.1]
1. Lletter height and legibility, [Source: 18.105.040.A.1]
2. Ccontrast-background relationship [Source: 18.105.040.A.1]
3. , pPlacement and location, and the i[Source: 18.105.040.A.1]
10.2.h
Packet Pg. 859
Chapter 18.130 Sign Permit
42 4. Impact of other signs in the vicinity, and the [Source: 18.105.040.A.1]
1.5. Aaverage travel speed on adjacent streets. [Source: 18.105.040.A.1] B. Intensity of illumination of both the proposed sign and other signs in the vicinity, and other light sources such as street lightsstreetlights or canopy lights. [Source: 18.105.040.A.2] C. The relation to the architectural design of the building. An attractive scale between the sign, the building, and the immediate surroundings shall be maintained. A signSigns that which covers a window or which , spills over natural boundaries or architectural features, or and obliterates obstructs block parts of an upper floor of a building may are not be permittedallowed. [Source: 18.105.040.A.3]
D. The graphic design, including emphasis on simplicity, style, trademarks or business identification, and use of symbols. [Source: 18.105.040.A.4] E. The sign proposal conforms to the city-wide sign design guidelines and/or other applicable adopted design guidelines. [Source: 18.105.040.A.5]
18.130.050 Conditions of Approval
In approving a Ssign Ppermit, master sign program or temporary sign permit, the zoning administrator or architectural review commission review authority may impose reasonable conditions necessary to:
[Source: 18.105.050]
A. Achieve consistency with the general purposes of this Cchapter, or the specific purposes of the zoning districtzoning district in which the site is located, or to make it consistent with and the Ggeneral Pplan; [Source: 18.105.050.A]
B. Protect the public health, safety, and general welfare; or [Source: 18.105.050.B] C. Ensure the sign is operation and maintenance of the use in a manner compatible with existing and potential uses on-site and adjoining properties or in the surrounding area. (Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.8, 1996; 1991 code § 35-30A.8) [Source:
18.105.050.C]
18.130.060 Lapse of Approval – Changes to Plans
A. Sign permit. Lapse of Approval. A Ssign Ppermit lapses one year 12 months after its date of approval, or at an alternative time specified as a condition of approval, unless the sign is placed within that time. [Source: 18.105.060.A]
B. Changes to Plans or Conditions of Approval. A request for a change in a condition of approval, or a change in the Sign Permit which affects a condition of approval, requires an application for modification of the condition. [Source: 18.105.060.A]
1. If the Zoning Administrator determines that the modification is minor, the Zoning Administrator may approve the modification administratively. The Zoning Administrator’s decision may be appealed to the Planning Commission. [Source:
18.105.060.A]
10.2.h
Packet Pg. 860
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.130 Revised Preliminary Draft – October 2024
43 2. If the Zoning Administrator determines that the modification is major, then the modification shall be referred to the final decision-making body that approved the original Sign Permit. [Source: 18.105.060.A]
A. A request for a change in the sign permit or a condition of approval requires a new application, for modification of the condition. If the zoning administrator determines that the modification is major, then the modification shall be referred for consideration to the final decision-making body that approved the original sign permit. If the zoning administrator determines that the proposed modification is minor, the zoning administrator may approve the minor modification administratively . [Source: 18.105.060.A]
18.130.070 Revocation
A. Revocation. A sign permit, master sign program or temporary sign permit complianceexercised in violation of this chapter or a condition of approval may be revoked as provided in PHMC §
18.135.040. (Ord. 856 § 2 (Exh. A), 2011; Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.10, 1996; 1991 code § 35-30A.10) [Source: 18.105.060.D] A. A Sign Permit may be revoked in compliance with Section 18.135.040 (Revocation or Modification of Discretionary Permits) if found in violation of this Chapter or a condition of approval [Source: 18.105.060.D]
B. Resubmittal of Application. Following denial of a Ssign Ppermit or master sign program, no new application for the same, or substantially the same, permit or program shall be accepted within one year 12 months of the date of denial, unless the denial was made without prejudice. (Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.12, 1996; 1991 code § 35- 30A.12) [Source: 18.105.070]
10.2.h
Packet Pg. 861
Chapter 18.135 Temporary Sign Permit
44 Chapter 18.135
Temporary Sign Permit
10.2.h
Packet Pg. 862
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.135 Revised Preliminary Draft – October 2024
45 Chapter 18.135 Temporary Sign Permit
Sections
18.135.010 Purpose and Applicability
18.135.020 Review Authority
18.135.030 Filing, Processing, and Review
18.135.040 Findings
18.135.050 Conditions of Approval
18.135.060 Lapse of Approval – Changes to Plans
18.135.070 Revocation
18.135.080 Resubmittal of Application
18.135.010 Purpose and Applicability
A. Purpose. The purpose of this Chapter is to establish filing and processing procedures for temporary signs as required under Section 18.80.030 (Permit Required). [Source: NEW] B. Applicability. A Temporary Sign Permit is required for all temporary signs, unless exempt under Section 18.80.040 (Exempt Signs). [Source: NEW]
No sign shall be erected or displayed without a sign permit or temporary sign permit, unless the sign is exempt under PHMC § 18.60.020. [Source: 18.105.010] A temporary sign permit is required to authorize certain temporary signs under PHMC §
18.60.030.C. [Source: 18.105.010]
18.135.020 Review Authority
The Zzoning Aadministrator has the authority to approve, conditionally approve, or deny a sign permita Temporary Sign Permit application, whether a Mmaster Ssign Pprogram exists or not, or a temporary sign permit under PHMC § 18.60.030. The Zzoning Aadministrator may, in his or her discretion, refer a sign permit or Ttemporary Ssign Ppermit directly to the Aarchitectural Rreview Ccommission. [Source:
18.105.020]
18.135.030 Filing, Processing, and Review
A. Application. An applicant for a Temporary Sign Permit shall submit the following: [Source:
18.115.030.A]
1. A complete application and all applicable materials and information as provided by the Planning Division. [Source: NEW]
2. The Zoning Administrator, at their discretion, may add or waive the submission of application materials or information to determine compliance with the standards of this Chapter. [Source: NEW]
10.2.h
Packet Pg. 863
Chapter 18.135 Temporary Sign Permit
46 B. Application. The applicant shall submit a request for a sign permit, master sign program or temporary sign permit to the zoning administrator on forms provided by the city. An application is determined to be complete in accordance with PHMC § 18.75.030. [Source:
18.105.030.A]Noticing and Public Hearing. No notice or public hearing is required, unless the decision is appealed to the Planning Commission and/or City CouncilArchitectural Review Commission. [Source: 18.105.030.A].
A.C. Decision. The Zzoning Aadministrator shall approve, conditionally approve, or deny an application within 10 working days of the submittal of a complete application. The architectural review commission shall approve, conditionally approve or deny an application within 30 working days. The Zzoning Aadministrator shall mail notice of the decision to the applicant within 10 calendar days of the decision. In the case of an appeal, the date of decision is the date of the adoption of a resolution of decision. [Source: 18.105.030.B] D. Effective Ddate – Appeal.. A sign permit or master sign program approval or Ttemporary Ssign Ppermit is effective on the date of approval.
B.E. Appeal. Any interested person may appeal a decision of the application by the Zzoning Aadministrator to the Aarchitectural Rreview Ccommission and of the architectural review commission to the city council, in accordance with PHMC Chapter 18.130Chapter 18.175 (Appeals and Calls for Review). [Source: 18.105.030.C]
C.F. Projects with Mmultiple Ddiscretionary Aapplications. Notwithstanding Ssubsections B and C of this section, for projects requiring a discretionary permit approval from the Pplanning Ccommission and/or Ccity Ccouncil in conjunction with approval of a Temporary Sign Permitsign permit and/or master sign program, the Pplanning Ccommission and/or Ccity Ccouncil shall be the final decision-maker for the Temporary Sign Permitsign permit and/or master sign program and any action of the Zzoning Aadministrator and/or architectural review commission shall be considered advisory to the Pplanning Ccommission and/or Ccity Ccouncil. (Ord. 921 § 2, 2018; Ord. 856 § 2 (Exh. A), 2011; Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.4, 1996; 1991 code § 35-30A.4) [Source: 18.105.030.D]
18.135.040 Findings
A. The review authority may Temporary sign permit. Before approving approve an application for a Ttemporary Ssign Ppermit, the zoning administrator must if it finds thaall of the following to be true: [Source: 18.105.040.C]
B.A. The proposed temporary sign will be located, operated, and maintained in a manner consistent with the Ggeneral Pplan and this Cchapter; [Source: 18.105.040.C.1] C.B. Approval of the application Temporary Sign Permit will not be detrimental to adjacent properties or to , property in the surrounding area, or to the public health, safety, or general welfare; and [Source: 18.105.040.C.2]
C. The proposed temporary sign proposal conforms to the city-wide sign design guidelines and/or other applicable adopted design guidelines. (Ord. 856 § 2 (Exh. A), 2011; Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.6, 1996; 1991 code § 35-30A.6) [Source:
18.105.040.C.3]
10.2.h
Packet Pg. 864
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.135 Revised Preliminary Draft – October 2024
47 D. Ensure the temporary sign is incompliance with the sign display duration standards established in Section 18.80.090 (Temporary Freestanding Sign Standards) and Section 18.80.100 (Standards for Other Types of Temporary Signs) in Part 3 of this Title. [Source: NEW]
18.135.050 Conditions of Approval
In approving a sign permit, master sign program or Ttemporary Ssign Ppermit, the zoning administrator or architectural review commission review authority may impose reasonable conditions necessary to:
[Source: 18.105.050]
A. Achieve consistency with the general purposes of this Cchapter, or the specific purposes of the zoning districtzoning district in which the site is located, or to make it consistent with and the Ggeneral Pplan; [Source: 18.105.050.A]
B. Protect the public health, safety, and general welfare; or [Source: 18.105.050.B] C. Ensure temporary sign is displayed operation and maintenance of the use in a manner compatible with existing and potential uses on-site and on adjoining properties or in the surrounding area. (Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.8, 1996; 1991 code § 35-30A.8) [Source: 18.105.050.C]
C.
18.135.060 Lapse of Approval – Changes to Plans
A. Temporary sign permit. Lapse of Approval. A Ttemporary Ssign Ppermit is valid for the time periodduration of the period specified in the permit application. The A Temporary Sign Permit permit lapses if not used within the dates approved. [Source: 18.105.060.C] A. Changes to Plans or Conditions of Approval. A request for a change in a condition of approval, or a change in the Temporary Sign Permit which affects a condition of approval, requires an application for modification of the condition. [Source: 18.105.060.A]
1. If the Zoning Administrator determines that the modification is minor, the Zoning Administrator may approve the modification administratively. The Zoning Administrator’s decision may be appealed to the Architectural Review Commission. [Source: 18.105.060.A]
2. If the Zoning Administrator determines that the modification is major, then the modification shall be referred to the final decision-making body that approved the original Temporary Sign Permit. [Source: 18.105.060.A]
A. in compliance with Chapter 18.__ (Minor Exceptions)
18.135.070 Revocation
Revocation. A sign permit, master sign program or Ttemporary Ssign Ppermit may be revoked in accordance with Section 18.135.040 (Revocation or Modification of Discretionary Permits) exercised if found in violation of this Cchapter or a condition of approval may be revoked as provided in PHMC §
18.135.040. (Ord. 856 § 2 (Exh. A), 2011; Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.10, 1996; 1991 code § 35-30A.10) [Source: 18.105.060.D]
10.2.h
Packet Pg. 865
Chapter 18.135 Temporary Sign Permit
48 18.135.080 Resubmittal of Application
Following denial of a Ssign Ppermit or Mmaster Ssign PprogramTemporary Sign Permit, no new application for the same, or substantially the same, permit or program shall be accepted within one year 12 months of the date of denial, unless the denial was made without prejudice. (Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.12, 1996; 1991 code § 35-30A.12) [Source:
18.105.070]
10.2.h
Packet Pg. 866
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.140 Revised Preliminary Draft – October 2024
49 Chapter 18.140
Master Sign Program
10.2.h
Packet Pg. 867
Chapter 18.140 Master Sign Program
50 Chapter 18.140 Master Sign Program
Sections
18.140.010 Purpose and Applicability
18.140.020 Review Authority
18.140.030 Filing, Processing, and Review
18.140.040 Findings
18.140.050 Conditions of Approval
18.140.060 Lapse of Approval – Changes to Plans
18.140.070 Revocation
18.140.080 Resubmittal of Application
18.140.010 Purpose and Applicability
A MCmaster Ssign Pprogram , under PHMC § 18.60.080, is required for a site having with four or more nonresidential occupantstenants. (Ord. 856 § 2 (Exh. A), 2011; Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh.
B), 1999; Ord. 710 § 35-30A.1, 1996; 1991 code § 35-30A.1) [Source: 18.105.010]
18.140.020 Review Authority
The Aarchitectural Rreview Ccommission has the authority to: [Source: 18.105.020] A. Aapprove, conditionally approve, or deny a Mmaster Ssign Pprogram and an amendments to a Mmaster Ssign Pprogram. [Source: 18.105.020]
B. , to Pprepare sign design criteria under Chapter 18.80 (Signs)PHMC § 18.60.. [Source:
18.105.020]
18.140.030 Filing, Processing, and Review
A. Application. The applicant shall submit a complete application for request for a sign permit, Mmaster Ssign Pprogram or temporary sign permit to the Zzoning Aadministrator on forms provided by the city. An application is determined to be complete in accordance with PHMC §
18.75.030. [Source: 18.105.030.A]
A.
1. The application for a Mmaster Ssign Pprogram shall include all of the following:
[Source: 18.105.030.A]
1.2. A master sign programPlans, drawn to scale, delineating the site proposed to be included within the Master Ssign Pprogram and the general location of all signs; [Source: 18.105.030.A.1]
10.2.h
Packet Pg. 868
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.140 Revised Preliminary Draft – October 2024
51 2.3. Drawings and/or sketches indicating the exterior surface details of all buildings on the site on which wall signs, directory signs, ground signs, or projecting signs are proposed; [Source: 18.105.030.A.2]
3.a. A statement of the reasons for any requested modification to the regulations or standards of PHMC Chapter 18.6018.80 (Signs); and [Source:
18.105.030.A.3]
4.b. A written program specifying sign standards, including color, size, construction details, placement, and necessity for Ccity review, for distribution to future tenants. [Source: 18.105.030.A.4]
4. Noticing and Public Hearing.
a. The Architectural Review Commission shall hold a public hearing on an application for a Master Sign Program and notice such meeting in compliance with Chapter 18.195 (Notice Requirements). A public hearing may be continued to a definite date and time without additional public notice. [Source:
18.90.030.B]
b. The public hearing shall be scheduled within 20 calendar days of the application being deemed complete and held within 60 calendar days of the application being deemed complete. [Source: 18.90.030.B] No notice or public hearing is required.
B. Decision. The zoning administrator shall approve, conditionally approve or deny an application within 10 working days. The Aarchitectural Rreview Ccommission shall approve, conditionally approve, or deny an application within 30 20 working days of the close of the public hearing.
The Zzoning Aadministrator shall mail notice of the decision to the applicant within 10 calendar days of the decision. In the case of an appeal, the date of decision is the date of the adoption of a resolution of decision. [Source: 18.105.030.B]
C. Effective Ddate – Appeal. . AA sign permit or Mmaster Ssign Pprogram approval or temporary sign permit is effective on the date of approval.
C.D. Appeal. Any interested person may appeal a decision of the application by the zoning administrator to the architectural review commission and of the Aarchitectural Rreview Ccommission to the Ccity Ccouncil, in accordance with PHMC Chapter 18.130Chapter 18.175 (Appeals and Calls for Review). [Source: 18.105.030.C]
D.E. Projects with Mmultiple Ddiscretionary Aapplications. Notwithstanding Ssubsections BB and CC of this section, for projects requiring a discretionary permit approval from the Pplanning Ccommission and/or Ccity Ccouncil in conjunction with approval of a Ssign Ppermit and/or Mmaster Ssign Pprogram, the Pplanning Ccommission and/or Ccity Ccouncil shall be the final decision-maker for the Ssign Ppermit and/or Mmaster Ssign Pprogram and any action of the Zzoning Aadministrator and/or Aarchitectural Rreview Ccommission shall be considered advisory to the Pplanning Ccommission and/or Ccity Ccouncil. (Ord. 921 § 2, 2018; Ord. 856 § 2 (Exh. A), 2011; Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.4, 1996; 1991 code § 35-30A.4) [Source: 18.105.030.D]
10.2.h
Packet Pg. 869
Chapter 18.140 Master Sign Program
52 18.140.040 Findings
Master sign program. The review authority may approve an application for a Before approving a Mmaster Ssign Pprogram, the architectural review commission must find that if it finds all of the following to be true: [Source: 18.105.040.B]
A. The Master Sign Pprogram’s contribution to the design quality of the site and surrounding area will be superior to the quality that would result under the regulations and standards of PHMC §
18.60.050Section 18.60.050 (Specific Sign Standards), Specific sign standards; [Source:
18.105.040.B.1]
B. The proposed signs are compatible with the style or character of existing improvements on the site and are well-related to each other; and [Source: 18.105.040.B.2] C. Future tenants will not be denied adequate opportunities for identification if transfers of sign area from one building frontage to another are proposed by the Mmaster Ssign Pprogram. [Source: 18.105.040.B.3]
D. The Mmaster Ssign Pprogram conforms to the city-wide sign design guidelines and/or other applicable adopted design guidelines. [Source: 18.105.040.B.4]
18.140.050 Conditions of Approval
In approving a sign permit, Mmaster Ssign Pprogram or temporary sign permit, the zoning administrator or architectural review commission review authority may impose reasonable conditions necessary to:
[Source: 18.105.050]
A. Achieve consistency with the general purposes of this Cchapter, or the specific purposes of the zoning districtzoning district in which the site is located, or to make it consistent with and the Ggeneral Pplan; [Source: 18.105.050.A]
B. Protect the public health, safety, and general welfare; or [Source: 18.105.050.B] C. Ensure the implementation of a master sign program operation and maintenance of the use in a manner is compatible with existing and potential uses on adjoining properties or in the surrounding area. (Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.8, 1996; 1991 code § 35-30A.8) [Source: 18.105.050.C]
18.140.060 Lapse of Approval – Changes to Plans
A. Master sign program.Lapse of Approval. The approval of a Mmaster Ssign Pprogram does not lapse, but and remains in effect to regulate future signs on the lots included in the Master Sign Program. [Source: 18.105.060.B]
B. Changes to Master Sign Program. Changes to Plans or Conditions of Approval. A request for a change in a condition of approval, or a change in the Temporary Sign Permit which affects a condition of approval, requires an application for modification of the condition. [Source:
18.105.060.A]
1. If the Zoning Administrator determines that the modification is minor, the Zoning Administrator may approve the modification administratively. The Zoning Administrator’s decision may be appealed to the Architectural Review Commission. [Source: 18.105.060.A]
10.2.h
Packet Pg. 870
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.140 Revised Preliminary Draft – October 2024
53 2. If the Zoning Administrator determines that the modification is major, then the modification shall be referred to the final decision-making body that approved the original Temporary Sign Permit. [Source: 18.105.060.A]
A request for a change in the master sign program or a condition of approval requires a new application. If the zoning administrator determines that the modification is major, then the modification shall be referred for consideration to the final decision-making body that approved the original master sign program. If the zoning administrator determines that the proposed modification is minor, the zoning administrator may approve the minor modification administratively. [Source: 18.105.060.B]
A.C. Deviation for Single Tenant. A request for a deviation for a single tenant from the site Master Sign Program shall be processed in the same manner as a Sign Permit, with review by the Architectural Review Commission in compliance with Chapter 18.130 (Sign Permits)..030. [Source: NEW]
18.140.070 Revocation
Revocation. A Ssign Ppermit, Mmaster Ssign Pprogram , or Ttemporary Ssign Ppermit may be revoked in accordance with Section 18.135.040 (Revocation or Modification of Discretionary Permits) exercised if found in violation of this Cchapter or a condition of approval may be revoked as provided in PHMC §
18.135.040. (Ord. 856 § 2 (Exh. A), 2011; Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.10, 1996; 1991 code § 35-30A.10) [Source: 18.105.060.D]
18.140.080 Resubmittal of Application
Following denial of a Ssign Ppermit or Mmaster Ssign Pprogram, no new application for the same, or substantially the same, permit or program shall be accepted within one year 12 months of the date of denial, unless the denial was made without prejudice. (Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.12, 1996; 1991 code § 35-30A.12) [Source: 18.105.070]
10.2.h
Packet Pg. 871
Chapter 18.135 Use Permit
54 Chapter 18.135
Use Permit
10.2.h
Packet Pg. 872
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.135 Revised Preliminary Draft – October 2024
55 Chapter 18.145 Use Permit
Sections
18.145.010 Purpose and Applicability
18.145.020 Review Authority
18.145.030 Filing, Processing, and Review
18.145.040 Findings
18.145.050 Conditions of Approval
18.145.060 Lapse of Approval – Changes to Plans
18.145.070 Revocation
18.145.080 Resubmittal of Application
18.145.010 Purpose and Applicability
A. Purpose. Use Permits provide a process for reviewing uses and activities that may be desirable in the applicable zoning district, but the effect on the site and surroundings require additional consideration before being allowed. [Source: NEW]
B. Applicability.
1. Use Permit. A Uuse Ppermit is required for certain uses to be located within a zoning districtzoning district. Generally, a Uuse Ppermit is required because the use classification has unusual site development features or operating characteristics which require special consideration to be compatible with the surrounding area. [Source:
18.95.010]
2. Minor Use Permit. A Minor Use Permit is required where a Use Permit is needed for existing structures or a portion of a structure in any zoning district, certain wireless telecommunication facilities, or as otherwise specified in this Title or as determined by the Zoning Administrator. [Source: 18.95.020]
3. Temporary Use Permit. An application for a Ttemporary Uuse Ppermit is governed by PHMC Chapter 18.100Chapter 18.150 (Use Permit, Temporary). (Ord. 710 § 35-29.1, 1996; 1991 code § 35-29.1) [Source: 18.95.010]
18.145.020 Review Authority
A. Use Permit. The Pplanning Ccommission has the authority to approve, conditionally approve, or deny Uuse Ppermits applications., [Source: 18.95.020] B. Minor Use Permit. except that tThe Zzoning Aadministrator has the authority to approve, conditionally approve, or deny an application for a Mminor Uuse Ppermit application. or any use permit in PHMC Title 18 granting the approval authority to the zoning administrator. A minor use permit is a use permit pertaining to an existing structure or portion of a structure located in
10.2.h
Packet Pg. 873
Chapter 18.135 Use Permit
56 any zoning district, or certain qualifying wireless telecommunications facilities as specified by PHMC Chapter 18.67. The Zzoning Aadministrator, in his or her their discretion, may refer a Mminor Uuse Ppermit application directly to the Pplanning Ccommission for review, in which case the application shall comply with the processing procedures for a Use Permit as established in this Chapter. (Ord. 966 § 5, 2023; Ord. 934 § 11, 2019; Ord. 757 § 4, 2001; Ord. 710 § 35-29.2, 1996; 1991 code § 35-29.2) [Source: 18.95.020]
18.145.030 Filing, Processing, and Review
A. Application. An applicant for a Use Permit or Minor Use Permit shall submit the following:
[Source: 18.95.030.A]
1. A complete application for a Use Permit and all applicable materials and information as provided by the Planning Division. [Source: 18.95.030.A]
2. The Zoning Administrator, at their discretion, may add or waive the submission of application materials or information to determine compliance with the standards of this Chapter. [Source: 18.95.030.A]
A. Application. The applicant shall submit a request for a use permit to the zoning administrator on forms provided by the city. An application is considered to be complete if it is in accordance with PHMC § 18.75.030. A use permit application for certain uses in a residential zoning district is subject to pre-application review by other agencies, pursuant to PHMC § 18.20.075. [Source:
18.95.030.A]
B. Notice and Ppublic Hhearing.
1. Use Permit. The Pplanning Ccommission, or the Zzoning Aadministrator for a Mminor Uuse Ppermit, shall hold a public hearing on an application for a Uuse Ppermit, and shall hear testimony for and against the application. The public hearing shall be scheduled within 20 calendar days and held within 60 calendar days of the application being deemed complete. When applications for multiple entitlements requiring Planning Commission review on a single lot are filed at the same time, a combined public hearing may be scheduled for all entitlement applications submitted. Notice of the public hearing shall be given in accordance with Chapter 18.195 (Notice Requirements). A public hearing may be continued to a definite date and time without additional public notice. [Source: 18.95.030.B]
1. , unless exempted in this Title
2. Minor Use Permit. The Zoning Administrator shall hold a public hearing on an application for a Minor Use Permit, unless exempted in this Title. The public hearing shall be scheduled within 20 calendar days and held within 60 calendar days of the application being deemed complete. Notice of the public hearing shall be given in accordance with Chapter 18.195 (Notice Requirements). [Source: NEW]
3. Multiple Discretionary Permits. Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.XX.XXX (Multiple Discretionary Permits). [Source: NEW]
10.2.h
Packet Pg. 874
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.135 Revised Preliminary Draft – October 2024
57 The zoning administrator shall set the time and date for the public hearing. The hearing shall be scheduled within 20 calendar days, and held within 60 calendar days, after the application is deemed complete. When applications for multiple development plans, use permits or variances on a single site are filed at the same time, the zoning administrator may schedule a combined public hearing. [Source: 18.95.030.B] Notice of the hearing shall be given in accordance with PHMC Chapter 18.80. A public hearing may be continued to a definite date and time without additional public notice. [Source: 18.95.030.B]
C. Decision.
1. Use Permit. The hearing body Planning Commission shall approve, conditionally approve, or deny an application for a Use Permit application within 20 working days after the close of the public hearing. [Source: 18.95.030.C]
2. Minor Use Permit. The Zoning Administrator shall approve, conditionally approve, or deny an application for a Minor Use Permit within 20 working days after the close of the public hearing. [Source: 18.95.030.C]
B.3. Notice of Decision. The Zzoning Aadministrator shall mail notice of the decision to the applicant and any other party requesting notice within 10 calendar days of the decision.
In the case of an appeal to the pPlanning Ccommission, or Ccity Ccouncil on appeal, the date of the decision is the date the Planning Ccommission or City Ccouncil adopts the resolution. [Source: 18.95.030.C]
C.D. Effective Ddate. A decision under this Cchapter takes effect at the end of the time allowed for an appeal, which is 10 calendar days after notice of the decision is mailed unless it is appealed to the Planning Commission or City Council in accordancecompliance with Subsection
18.145.030.E (Appeal). [Source: 18.95.030.D]
D.E. Appeal. A decision of the Zzoning Aadministrator may be appealed to the Pplanning Ccommission, and a decision of the Pplanning Ccommission may be appealed to the Ccity Ccouncil, all in compliancen accordance with the appeal procedures of PHMC Chapter
18.130Chapter 18.165 (Appeals and Call for Review). (Ord. 867 § 12, 2012; Ord. 727 § 16, 1998; Ord. 710 § 35-29.4, 1996; 1991 code § 35-29.4) [Source: 18.95.030.E]
18.145.040 Findings
The review authority planning commission (or zoning administrator, for a minor use permit) may approve an application for a Uuse Ppermit, or Minor Use Permit, if it finds all of the following to be true, based on the application, plans, materials and testimony submitted at the public hearing: [Source:
18.95.040]
A. The proposed use will not be detrimental to the health, safety, and general welfare of persons residing or working in the neighborhood of the proposed use; [Source: 18.95.040.A] B. The proposed use will not be injurious or detrimental to adjacent properties or to property in the neighborhood or to the general welfare of the city; and [Source: 18.95.040.B]
10.2.h
Packet Pg. 875
Chapter 18.135 Use Permit
58 C. The proposed use is consistent with the policies and goals established by the Ggeneral Pplan. [Source: 18.95.040.C]
D. In addition, iIf the Uuse Ppermit is for a residential use in a residential zoning districtzoning district pursuant toin compliance with PHMC § 18.20.075, the following additional findings are required: [Source: 18.95.040.D]
1. The proposed use is consistent with the purposes of the residential zoning districtzoning districts, as specified in PHMC § 18.20.010Section 18.15.010 (Purpose and Intent of Residential Zoning districts). [Source: 18.95.040.D.1]
2. The proposed use complies with the development and operational standards of PHMC § 18.20.075. [Source: 18.95.040.D.2]
3. The property and existing structures are physically suited to accommodate the use. [Source: 18.95.040.D.3]
4. The proposed use will be compatible with the character of the surrounding neighborhood and the use will not contribute to changing the residential character of the neighborhood. In evaluating this factor, the hearing body review authority mustshall, at a minimum, consider factors such as: [Source: 18.95.040.D.4] a. TheTheI relative size of the facility; [Source: 18.95.040.D.4] b. T.Ithe proximity of the use to schools, parks, and other residential care facilities; [Source: 18.95.040.D.4]
a.c. Proximity to outlets for alcoholic beverages; and [Source: 18.95.040.D.4]
4.d. TIthe existence of substandard physical characteristics in the area (i.e., such as lot lot widths, setbacks, street width, limited available parking, short blocks, etc.). [Source: 18.95.040.D.4]
The planning commission or zoning administrator may approve an application for a minor use permit if all of the above are found to be true, and the proposal is consistent with: (a) the general plan; (b) the general purposes of this chapter; (c) the specific purposes of the applicable base or overlay district; and (d) this chapter. (Ord. 867 § 13, 2012; Ord. 710 § 35-29.6, 1996; 1991 code § 35-29.6) [Source: 18.95.040]
18.145.050 Conditions of Approval
In approving a Uuse Ppermit , or Minor Use Permit, the review authority planning commission or the zoning administrator may impose reasonable conditions necessary to: [Source: 18.95.050] A. Achieve the general purposes of this Cchapter or the specific purposes of the zonezoning district in which the site is located, or to make it consistent with the Ggeneral Pplan; [Source:
18.95.050.A]
B. Protect the public health, safety, and general welfare; or [Source: 18.95.050.B] C. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area. (Ord. 710 § 35-29.8, 1996; 1991 code § 35-29.8) [Source: 18.95.050.C]
10.2.h
Packet Pg. 876
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.135 Revised Preliminary Draft – October 2024
59 18.145.060 Lapse of Approval – Changes to Plans
A. Lapse of Aapproval.
A.1. A Uuse Ppermit, or Minor Use Permit, lapses one year 12 months after its date of approval, or at an alternative time specified as a condition of approval, unless one of the following has occurred: [Source: 18.95.060.A]
1.a. A Construction Permit (e.g., Demolition, Building, Grading, Site) has been issued, construction activities has commenced, and applicable preconstruction tasks have startedA Bbuilding Ppermit has been issued, substantial money has been expended, and construction diligently pursued; or [Source:
18.95.060.A.1]
2.b. A Ccertificate of Ooccupancy has been issued; or [Source: 18.95.060.A.2]
3.c. The use is established; or [Source: 18.95.060.A.3] a. The use permit is renewed by the hearing body which originally approved it.
No new notice or public hearing is required for a renewal if the findings required for approval remain valid. [Source: 18.95.060.A.4]
d. The Use Permit or Minor Use Permit is renewed by the review authority which originally approved it. No new notice or public hearing is required for a renewal if the findings required for approval remain valid. [Source: 18.95.060.A.4]
2. A Uuse Ppermit, or Minor Use Permit, automatically lapses if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more. A lapsed Uuse Ppermit or Minor Use Permit for a residential use is not a binding precedent for future applications. [Source: 18.95.060.A] B. Changes to Plans or Conditions of Approval. A request for a change in a condition of approval, or a change in the Use Permit or Minor Use Permit which affects a condition of approval, requires a new application for modification of the condition. [Source: 18.95.060.B]
1. If the Zoning Administrator determines that the modification is minor, the Zoning Administrator may approve the modification administratively. The Zoning Administrator’s decision may be appealed to the Planning Commission. [Source:
18.95.060.B]
2. If the Zoning Administrator determines that the modification is major, then the modification shall be referred to the final decision-making body that approved the original Use Permit or Minor Use Permit. [Source: 18.95.060.B] B. Changes to plans. A request for a change in the use permit or a condition of approval requires a new application for modification of the condition. If the zoning administrator determines that the modification is minor, the zoning administrator may approve that minor modification administratively, and that decision may be appealed to the planning commission. If the zoning administrator determines that a modification is major, the modification shall be referred for consideration to the final decision-making body that reviewed and approved the original use permit. [Source: 18.95.060.B]
10.2.h
Packet Pg. 877
Chapter 18.135 Use Permit
60 18.145.070 Revocation
A Uuse Ppermit or Minor Use Permit exercised in violation of this Cchapter or a condition of approval may be revoked, as provided in in accordance with PHMC § 18.135.040Section 18.175.040 (Revocation or Modification of Discretionary Permits). (Ord. 867 § 14, 2012; Ord. 856 § 2 (Exh. A), 2011; Ord. 710 § 35-29.10, 1996; 1991 code § 35-29.10) [Source: 18.95.060.C]
18.145.080 Resubmittal of Application
Following denial of a Uuse Ppermit or Minor Use Permit application, no new application for the same, or substantially the same, Uuse Ppermit or Minor Use Permit shall be accepted within one year 12 months of the date of denial, unless the denial was made without prejudice. (Ord. 710 § 35-29.12, 1996; 1991 code § 35-29.12) [Source: 18.95.070]
10.2.h
Packet Pg. 878
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.150 Revised Preliminary Draft – October 2024
61 Chapter 18.150
Use Permit, Temporary
10.2.h
Packet Pg. 879
Chapter 18.150 Use Permit, Temporary
62 Chapter 18.150 Use Permit, Temporary
Sections
18.150.010 Purpose and Applicability
18.150.020 Review Authority
18.150.030 Filing, Processing, and Review
18.150.040 Findings
18.150.050 Conditions of Approval
18.150.060 Lapse of Approval
18.150.010 Purpose and Applicability
A. Purpose. This Chapter establishes procedures for allowing ministerial approval of Temporary Use Permits for short-term activities or uses. [Source: NEW] B. Applicability. A Ttemporary Uuse Ppermit is required to authorize certain temporary use classifications, as defined in PHMC § 18.15.070Section 18.190.080 (Temporary Land Use Classifications). A Ttemporary Uuse Ppermit may not be issued more than:
1. Ssix times during any calendar year and or for any up to longer than 14 days for each eventoccurrence. [Source: 18.100.010]
2. Each site shall not have temporary use permits that exceed more than 84 total days during any calendar year.
C. A Ttemporary Uuse Ppermit is not required for a special event held on both private and public property if the sponsor or property owner obtains a Sspecial Eevent Ppermit under PHMC Chapter 6.20 (Special Event Permit) in Title 6 of the Pleasant Hill Municipal Code. (Ord. 865 § 7, 2012; Ord. 856 § 2 (Exh. A), 2011; Ord. 710 § 35-30.1, 1996; 1991 code § 35-30.1) [Source:
18.100.010]
18.150.020 Review Authority
The Zzoning Aadministrator has the authority to approve, conditionally approve, or deny a Ttemporary Uuse Ppermit applications. The Zzoning Aadministrator may, in his or her their discretion, refer a tTemporary Uuse Ppermit application directly to the Pplanning Ccommission. (Ord. 710 § 35-30.2, 1996; 1991 code § 35-30.2) [Source: 18.100.020]
18.150.030 Filing, Processing, and Review
A. Application. The applicant shall submit an complete application for a Temporary Use Permit request for a temporary use permit to the Zzoning Aadministrator, on forms provided by the city. An application is considered to be complete if it is in accordance with PHMC § 18.75.030.
The Zoning Administrator may request additional plans and materials wWithin five working days of receiving a complete application, the zoning administrator may request additional plans
10.2.h
Packet Pg. 880
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.150 Revised Preliminary Draft – October 2024
63 and materials necessary if deemed necessary to assess the potential impacts of the proposed temporary use. [Source: 18.100.030.A]
B. Notice and Public Hearing. No notice or public hearing is required for a Temporary Use Permit unless referred or appealed to the Planning Commission. [Source: 18.100.030.A] B.C. Decision. The Zzoning Aadministrator shall approve, conditionally approve, or deny an application within five working days after receiving a complete application, and shall promptly notify the applicant. [Source: 18.100.030.B]
D. Effective Ddate – Appeals – Duration – Revocation. A Ttemporary Uuse Ppermit is effective on the date of approval. [Source: 18.100.030.C]
C.E. Appeal. Any interested person may appeal a denial of the a Temporary Use Permit application to the Pplanning Ccommission, in accordance compliance with Chapter 18.165 (Appeals and Call for Review)PHMC Chapter 18.130. [Source: 18.100.030.C] The permit is valid for the time period specified in the permit, not to exceed 14 calendar days.
The permit lapses if not used within the dates approved. [Source: 18.100.030.C]
18.150.040 Findings
The Zzoning Aadministrator shall approve anthe application for a Temporary Use Permit if they find all the following to be true as submitted, or in modified form, if the zoning administrator finds that: [Source:
18.100.040]
A. The proposed temporary use will be located, operated, and maintained in a manner consistent with the Ggeneral Pplan and this Cchapter; and [Source: 18.100.040.A] B. Approval of the application will not be detrimental to adjacent properties or to property in the surrounding area or to the public health, safety, or general welfare. (Ord. 710 § 35-30.6, 1996; 1991 code § 35-30.6) [Source: 18.100.040.B]
18.150.050 Conditions of Approval
In approving a Ttemporary Uuse Ppermit, the Zzoning Aadministrator may impose reasonable conditions necessary to: [Source: 18.100.050]
A. Ensure consistency with the general purposes of this Cchapter, the specific purposes of the zoning districtzoning district in which the site is located, and the Ggeneral Pplan; [Source:
18.100.050.A]
B. Protect the public health, safety, and general welfare. This may include, but is not limited to, conditions regarding: traffic, parking, noise, waste, and litter; and [Source: 18.100.050.B] C. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area. (Ord. 865 § 8, 2012; Ord. 710 § 35-30.8, 1996; 1991 code § 35-30.8) [Source: 18.100.050.C]
18.150.060 Lapse of Approval
A. A Temporary Use Permit lapses if not used within the timeframe in which the permit was approved. [Source: 18.100.030.]
10.2.h
Packet Pg. 881
Chapter 18.150 Use Permit, Temporary
64 A. Revocation
B. The Zzoning Aadministrator may revoke the permita Temporary Use Permit for a violation of the terms of the permit. The revocation is effective immediately upon verbal or written notice to the permit holder. The Zzoning Aadministrator shall confirm any verbal notice in writing within two working days. (Ord. 727 § 7, 1998; Ord. 710 § 35-30.4, 1996; 1991 code § 35-30.4) [Source: 18.100.030.C]
10.2.h
Packet Pg. 882
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.155 Revised Preliminary Draft – October 2024
65 Chapter 18.155
Variance
10.2.h
Packet Pg. 883
Chapter 18.155 Variance
66 Chapter 18.155 Variance
Sections
18.155.010 Purpose and Applicability
18.155.020 Review Authority
18.155.030 Filing, Processing, and Review
18.155.040 Findings
18.155.050 Conditions of Approval
18.155.060 Lape of Approval – Changes to Plans
18.155.070 Resubmittal of Application
18.155.010 Purpose and Applicability
A. Purpose. The purpose of this Chapter is to allow variances from the zoning requirements established in this Title in compliance with California Government Code Sections 65900 through 65909. Variances may be approved when special circumstances are applicable to the property (e.g., location, shape, size, surroundings, topography) and/or the strict application of this Zoning Ordinance denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zones. [Source: NEW] B. Applicability.
1. Variance. A Vvariance is required when a property owner seeks relief from zoning requirements because of special physical conditions applicable to the property. [Source: 18.110.010]
2. Minor Variance. A Minor Variance is a variance in connection with property in a singlefamily zoning district. [Source: 18.110.010]
3. A Vvariance may not be granted regarding use classifications or density. [Source:
18.110.010]
4. A request for a Rreasonable Aaccommodation in the application of zoning regulations for a disabled person is not considered a Va variance or Minor Variance., See Chapter
18.125 (Reasonable Accommodation) but is covered under PHMC Chapter 18.112for permitting requirements for Reasonable Accommodation requests. (Ord. 838 § 3, 2009; Ord. 710 § 35-31.1, 1996; 1991 code § 35-31.1) [Source: 18.110.010]
18.155.020 Review Authority
A. Variance. The Pplanning Ccommission has the authority to approve, conditionally approve, or deny Vvariances,.
B. Minor Variance. except that the The Zzoning Aadministrator has the authority to approve, conditionally approve, or deny a Mminor Vvariance. A minor variance means a variance in connection with property in a single-family zoning district. The Zzoning Aadministrator may, in
10.2.h
Packet Pg. 884
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.155 Revised Preliminary Draft – October 2024
67 his or her their discretion, refer a Mminor Vvariance application directly to the Pplanning Ccommission for review. (Ord. 710 § 35-31.2, 1996; 1991 code § 35-31.2) [Source: 18.110.020]
18.155.030 Filing, Processing, and Review
A. Application. The applicant shall submit a complete application for a Variance or Minor Variance a request for a variance to to the Zzoning Aadministrator in the format approved by the Planning Division, on forms provided by the city. An application is considered to be complete if it is in accordance with PHMC § 18.75.030. [Source: 18.110.030.A] B. Notice and Ppublic Hhearing.
1. Variance. The Pplanning Ccommission , or the zoning administrator in the case of a minor variance, shall hold a public hearing on an application for a Vvariance and shall hear testimony for and against the application. The public hearing shall be scheduled within 20 calendar days and held within 60 calendar days of the application being deemed complete. When applications for multiple Ddevelopment Pplans, Uuse Ppermits or Vvariances on a single lot are filed at the same time, the Zzoning Aadministrator shall schedule a combined public hearing. When applications for multiple entitlements requiring Planning Commission review on a single lot are filed at the same time, a combined public hearing may be scheduled for all entitlement applications submitted. Notice of the public hearing shall be given in accordance with Chapter 18.195 (Notice Requirements). [Source: 18.110.030.B]
2. Minor Variance. The Zoning Administrator shall hold a public hearing on an application for a Minor Variance. The public hearing shall be scheduled within 20 calendar days and held within 60 calendar days of the application being deemed complete. Notice of the public hearing shall be given in accordance with Chapter 18.195 (Notice Requirements). [Source: NEW]
1. The zoning administrator shall set the time and date for the public hearing. The hearing shall be scheduled within 20 calendar days, and held within 60 calendar days, after the application is deemed complete. When applications for multiple development plans, use permits or variances on a single site are filed at the same time, the zoning administrator shall schedule a combined public hearing. [Source: 18.110.030.B]
3. Notice of thepublic hearings shall be given in complianceaccordance with Chapter
18.195 (Notice Requirements)PHMC Chapter 18.80. A public hearing may be continued to a definite date and time without additional public notice. [Source:
18.110.030.B]
4. Multiple Discretionary Permits. Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.XX.XXX (Multiple Discretionary Permits). [Source: NEW] C. Decision.
2.1. Variance. The hearing body Planning Commission shall approve, conditionally approve, or deny an application for a Variance within 20 working days after the close of the public hearing. [Source: 18.110.030.C]
10.2.h
Packet Pg. 885
Chapter 18.155 Variance
68 3.2. Minor Variance. The Zoning Administrator shall approve, conditionally approve, or deny an application for a Minor Variance within 20 working days after the close of the public hearing. [Source: NEW]
B.3. The Zzoning Aadministrator shall mail notice of the decision to the applicant and any other party requesting notice within 10 calendar days of the decision. In the case of an appeal to the Pplanning Ccommission, or Ccity Ccouncil on appeal, the date of the decision is the date the Planning Ccommission or City Ccouncil adopts the resolution. [Source: 18.110.030.C]
C.D. Effective Ddate. A decision under this section Chapter takes effect at the end of the time allowed for an appeal, which is 10 calendar days after notice of the decision is mailed. unless it is appealed to the Planning Commission or City Council in accordance with Subsection
18.155.030.E (Appeal). [Source: 18.110.030.D]
D.E. Appeal. A decision of the Zzoning Aadministrator may be appealed to the Pplanning Ccommission, and a decision of the Pplanning Ccommission may be appealed to the Ccity Ccouncil, all in complianceaccordance with Chapter 18.165 (Appeals and Call for Review)the appeal procedures of PHMC Chapter 18.130. (Ord. 710 § 35-31.4, 1996; 1991 code § 35-31.4) [Source: 18.110.030.E,]
18.155.040 Findings
In compliance with California Government Code 65900 through 65909, tThe review authority planning commission, or the zoning administrator in the case of a minor variance, may approve an application for a Vvariance or Minor Variance if it finds all of the following to be true, based on the application, plans, materials and testimony submitted at the public hearing: [Source: 18.110.040] A. The requested Vvariance or Minor Variance is based on the existence of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, such that the strict application of the zoning regulations of this Title deprives the property of privileges enjoyed by other properties in the vicinity under the identical same zoning classificationzoning district; [Source: 18.110.040.A]
B. The requested Vvariance or Minor Variance does not constitute a grant of special privileges inconsistent with the limitations on other properties in the vicinity and zoning districtzoning district in which the property is located; and [Source: 18.110.040.B] C. The Vvariance substantially meets the intent and purpose of the zoning districtzoning district in which the property is located. (Ord. 710 § 35-31.6, 1996; 1991 code § 35-31.6) [Source:
18.110.040.C]
18.155.050 Conditions of Approval
In approving a Vvariance or Minor Variance, the planning commission or zoning administrator review authority may impose reasonable conditions necessary to: [Source: 18.110.050] A. Achieve the general purposes of this Cchapter or the specific purposes of the zoning districtzoning district in which the site is located, or to make it consistent with the Ggeneral Pplan; [Source: 18.110.050.A]
B. Protect the public health, safety, and general welfare; or [Source: 18.110.050.B]
10.2.h
Packet Pg. 886
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.155 Revised Preliminary Draft – October 2024
69 C. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area. (Ord. 710 § 35-31.8, 1996; 1991 code § 35-31.8) [Source: 18.110.050.C]
18.155.060 Lape of Approval – Changes to Plans
A. Lapse of Aapproval. A Vvariance or Minor Variance lapses one year 12 months after its date of approval, or at an alternative time specified as a condition of approval, unless one of the following has occurred: [Source: 18.110.060.A]
1. A Construction Permit (e.g., Demolition, Building, Grading, Site) has been issued, construction activities has commenced, and applicable preconstruction tasks have startedA Bbuilding Ppermit has been issued , substantial money has been expended, and construction diligently pursued; or [Source: 18.110.060.A.1]
2. A certificate of occupancy has been issued; or [Source: 18.110.060.A.2]
3. The Vvariance or Minor Variance is renewed by the hearing body review authority which originally approved it. No new notice or public hearing is required for a renewal if the findings required for approval remain valid. [Source: 18.110.060.A.3] B. Changes to Plans or Conditions of Approval. A request for a change in a condition of approval, or a change in the Variance or Minor Variance which affects a condition of approval, requires a new application for modification of the condition.
1. If the Zoning Administrator determines that the modification is minor, the Zoning Administrator may approve the modification administratively. The Zoning Administrator’s decision may be appealed to the Planning Commission.
2. If the Zoning Administrator determines that the modification is major, then the modification shall be referred to the final decision-making body that approved the original Variance or Minor Variance. [Source: 18.90.060.B] B. Changes to plans. A request for a change in the variance or a condition of approval requires a new application, for modification of the condition. If the zoning administrator determines that the modification is major, then the modification shall be referred for consideration to the final decision-making body that approved the original variance. If the zoning administrator determines that the modification is minor, the zoning administrator may approve that minor modification administratively, and that decision may be appealed to the planning commission. (Ord. 856 § 2 (Exh. A), 2011; Ord. 710 § 35-31.10, 1996; 1991 code § 35-31.10) [Source:
18.110.060.B]
18.155.070 Resubmittal of Application
Following denial of a Vvariance or Minor Variance, no new application for the same, or substantially the same, Vvariance or Minor Variance shall be accepted within one year 12 months of the date of denial, unless the denial was made without prejudice. (Ord. 710 § 35-31.12, 1996; 1991 code § 35-31.12) [Source: 18.110.070]
10.2.h
Packet Pg. 887
Chapter 18.160 Zoning Permit
70 Chapter 18.160
Zoning Permit
10.2.h
Packet Pg. 888
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.160 Revised Preliminary Draft – October 2024
71 Chapter 18.160 Zoning Permit
Sections
18.160.010 Purpose and Applicability
18.160.020 Review Authority
18.160.030 Filing, Processing, and Review
18.160.040 Findings
18.160.050 Lapse of Approval – Changes to Plans
18.160.060 Revocation
18.160.070 Resubmittal of Application
18.160.010 Purpose and Applicability
A. Purpose. To ensure that each new, changed, or expanded use of a lotstructure complies with this Chapter. [Source: 18.85.010]
B. Applicability. A Zzoning Ppermit is required before any of the following can occur:
1. The issuance of a Bbuilding Permit or Ggrading Ppermit;, before
2. Aa new or change in use of a property, including the establishment of a new business;,
3. before Mmodifying, replacing, or constructing an accessory structure;,
4. Rreplacing or constructing a fence or wall within a residential front or street side yardsetback;, or;
5. for aA Section 6409(a) modification as specified by PHMC Chapter 18.67Chapter
18.100 (Wireless Communications).
The purpose is to ensure that each new or expanded use of a site and each new or expanded structure complies with this chapter. (Ord. 966 § 4, 2023; Ord. 964 § 21, 2023; Ord. 949 § 23, 2021; Ord. 910 § 8, 2017; Ord. 903 § 4, 2016; Ord. 745 § 6, 2000; Ord. 710 § 35-27.1, 1996; 1991 code § 35-27.1) [Source: 18.85.010]
18.160.020 Review Authority
The Zzoning Aadministrator has the authority to approve, conditionally approve, or deny an application for a Zoning Permit. [Source: NEW] shall issue a zoning permit if: (A) the proposed structure, use or fence complies with this chapter; and (B) no further environmental review is required under the California Environmental Quality Act (CEQA). (Ord. 745 § 7, 2000; Ord. 710 § 35-27.2, 1996; 1991 code § 35-27.2) [Source: 18.85.020]
10.2.h
Packet Pg. 889
Chapter 18.160 Zoning Permit
72 18.160.030 Filing, Processing, and Review
A. Application. The applicant shall file a submit a completed complete application for a Zzoning Ppermit application with to the Zzoning Aadministrator. The application shall include the signature of the property owner in the form approved by the Planning Division. [Source:
18.85.030.A]
B. Notice and Public Hearing.
1. No notice or public hearing is required for a Zoning Permit, unless appealed to the Planning Commission in compliance with Subsection E. [Source: NEW]
2. Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.XX.XXX (Multiple Discretionary Permits). [Source: NEW]
A.C. Decision. The Zzoning Aadministrator shall grant approve or deny the application within five working days of the submission of a complete application. If an application for a zoning permit is denied, no new application for the same, or substantially the same, zoning permit shall be filed within one year of the date of denial of the initial application, unless the denial is made without prejudice. [Source: 18.85.030.B]
B.D. Effective Ddate. A Zzoning Ppermit is effective upon issuance. [Source: 18.85.030.C, modified] C.E. Appeal. Any interested person may appeal the Zzoning Aadministrator’s decision in complianceaccordance with PHMC Chapter 18.130Chapter 18.175 (Appeals and Calls for Review). [Source: 18.85.030.D]
18.160.040 Findings
The Zzoning Aadministrator shall issue a Zzoning Ppermit if they find the following to be true: [Source:
18.85.020]
A. tThe proposed structure, use, or fence complies with this Cchapter; and B. nNo further environmental review is required under the California Environmental Quality Act (CEQA). (Ord. 745 § 7, 2000; Ord. 710 § 35-27.2, 1996; 1991 code § 35-27.2) [Source:
18.85.020]
18.160.04018.160.050 Lapse of Approval – Changes to Plans A. Lapse of Aapproval. A Zzoning Ppermit lapses one year 12 months after its date of approval, or at an alternative time specified as a condition of approval, unless one of the following has occurred: [Source: 18.85.040.A]
1. A Construction Permit (e.g., Demolition, Building, Grading, Site) has been issued, construction activities has commenced, and applicable preconstruction tasks have startedA Bbuilding Ppermit has been issued, substantial money has been expended, and construction diligently pursued; or [Source: 18.85.040.A.1]
2. A Ccertificate of Ooccupancy has been issued; or [Source: 18.85.040.A.2]
3. The use is established; or [Source: 18.85.040.A.3]
10.2.h
Packet Pg. 890
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.160 Revised Preliminary Draft – October 2024
73 4. The Zzoning Ppermit is renewed by the hearing body review authority which originally approved it. No new notice or public hearing is required for a renewal if the findings required for approval remain valid. [Source: 18.85.040.A.4]
5. A Zzoning Ppermit automatically lapses if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more. [Source:
18.85.040.A]
B. Changes to Pplans, Use or Condition of Approval. If the site plans, project description or condition of approval are changed in a manner that affects compliance with this Chapter or there is a A request for a change in the Zzoning Ppermit or a condition of approval, a new requires a new application for modification of the condition is required. [Source: 18.85.040.B]
18.160.05018.160.060 Revocation
Revocation. A Zzoning Ppermit exercised in violation of this Cchapter or a condition of approval may be revoked, as provided in PHMC § 18.135.040Section 18.185.040 (Revocation or Modification of Discretionary Permits). (Ord. 910 § 9, 2017) [Source: 18.85.040.C]
18.160.06018.160.070 Resubmittal of Application
If an application for a Zzoning Ppermit is denied, no new application for the same, or substantially the same, Zzoning Ppermit shall be filed within one year 12 months of the date of denial of the initial application, unless the denial is made without prejudice. [Source: 18.85.030.B]
10.2.h
Packet Pg. 891
1 18 – Zoning Code
Part 4 – Permit and Entitlement
Processing Procedures
REVISED PRELIMINARY DRAFT
OCTOBER 2024
Table of Contents
CHAPTER 18.105 ADULT USE DEVELOPMENT PERMIT............................................................. 6
18.105.010 Purpose and Applicability............................................................................................... 6
18.105.020 Review Authority ............................................................................................................ 6
18.105.030 Application...................................................................................................................... 6
18.105.040 Filing, Processing, and Review ...................................................................................... 7
18.105.050 Findings.......................................................................................................................... 8
18.105.060 Lapse of Approval .......................................................................................................... 9
18.105.070 Revocation ..................................................................................................................... 9
18.105.080 Violations...................................................................................................................... 10 CHAPTER 18.110 ARCHITECTURAL REVIEW PERMITS ........................................................... 12
18.110.010 Purpose and Applicability............................................................................................. 12
18.110.020 Review Authority .......................................................................................................... 12
18.110.030 Filing, Processing, and Review .................................................................................... 13
18.110.040 Conditions of Approval ................................................................................................. 15
18.110.050 Lapse of Approval – Changes to Plans........................................................................ 15
18.110.060 Resubmittal of Application............................................................................................ 16 CHAPTER 18.115 DEVELOPMENT PLAN .................................................................................... 18
18.115.010 Purpose and Applicability............................................................................................. 18
18.115.020 Approval Authority ........................................................................................................ 18
18.115.030 Filing, Processing, and Review .................................................................................... 18
18.115.040 Findings........................................................................................................................ 19
10.2.i
Packet Pg. 892
Chapter 18.105 Adult Use Development Permit
2 18.115.050 Conditions of Approval ................................................................................................. 19
18.115.060 Lapse of Approval – Changes to Plans........................................................................ 20
18.115.070 Resubmittal of Application............................................................................................ 20 CHAPTER 18.120 MINOR EXCEPTIONS ...................................................................................... 22
18.120.010 Purpose ........................................................................................................................ 22
18.120.020 Applicability .................................................................................................................. 22
18.120.030 Review Authority .......................................................................................................... 24
18.120.040 Filing, Processing, and Review .................................................................................... 24
18.120.050 Findings........................................................................................................................ 26
18.120.060 Conditions of Approval ................................................................................................. 26
18.120.070 Lapse of Approval – Changes to Plans........................................................................ 26
18.120.080 Resubmittal of Application............................................................................................ 27 CHAPTER 18.125 REASONABLE ACCOMMODATION............................................................... 29
18.125.010 Purpose ........................................................................................................................ 29
18.125.020 Review Authority .......................................................................................................... 29
18.125.030 Requests ...................................................................................................................... 30
18.125.040 Application Requirements ............................................................................................ 30
18.125.050 Filing, Processing, and Review .................................................................................... 31
18.125.060 Findings........................................................................................................................ 32
18.125.070 Appeal .......................................................................................................................... 33 CHAPTER 18.130 SIGN PERMIT ................................................................................................... 35
18.130.010 Purpose and Applicability............................................................................................. 35
18.130.020 Review Authority .......................................................................................................... 35
18.130.030 Filing, Processing, and Review .................................................................................... 35
18.130.040 Findings........................................................................................................................ 36
18.130.050 Conditions of Approval ................................................................................................. 37
18.130.060 Lapse of Approval – Changes to Plans........................................................................ 37
18.130.070 Revocation ................................................................................................................... 37 CHAPTER 18.135 TEMPORARY SIGN PERMIT........................................................................... 39
18.135.010 Purpose and Applicability............................................................................................. 39
18.135.020 Review Authority .......................................................................................................... 39
18.135.030 Filing, Processing, and Review .................................................................................... 39
18.135.040 Findings........................................................................................................................ 40
18.135.050 Conditions of Approval ................................................................................................. 40
18.135.060 Lapse of Approval – Changes to Plans........................................................................ 40
18.135.070 Revocation ................................................................................................................... 41
10.2.i
Packet Pg. 893
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.105 Revised Preliminary Draft – October 2024
3 18.135.080 Resubmittal of Application............................................................................................ 41 CHAPTER 18.140 MASTER SIGN PROGRAM.............................................................................. 43
18.140.010 Purpose and Applicability............................................................................................. 43
18.140.020 Review Authority .......................................................................................................... 43
18.140.030 Filing, Processing, and Review .................................................................................... 43
18.140.040 Findings........................................................................................................................ 44
18.140.050 Conditions of Approval ................................................................................................. 45
18.140.060 Lapse of Approval – Changes to Plans........................................................................ 45
18.140.070 Revocation ................................................................................................................... 45
18.140.080 Resubmittal of Application............................................................................................ 45 CHAPTER 18.145 USE PERMIT..................................................................................................... 47
18.145.010 Purpose and Applicability............................................................................................. 47
18.145.020 Review Authority .......................................................................................................... 47
18.145.030 Filing, Processing, and Review .................................................................................... 48
18.145.040 Findings........................................................................................................................ 49
18.145.050 Conditions of Approval ................................................................................................. 50
18.145.060 Lapse of Approval – Changes to Plans........................................................................ 50
18.145.070 Revocation ................................................................................................................... 51
18.145.080 Resubmittal of Application............................................................................................ 51 CHAPTER 18.150 USE PERMIT, TEMPORARY ........................................................................... 53
18.150.010 Purpose and Applicability............................................................................................. 53
18.150.020 Review Authority .......................................................................................................... 53
18.150.030 Filing, Processing, and Review .................................................................................... 53
18.150.040 Findings........................................................................................................................ 54
18.150.050 Conditions of Approval ................................................................................................. 54
18.150.060 Lapse of Approval ........................................................................................................ 54 CHAPTER 18.155 VARIANCE........................................................................................................ 56
18.155.010 Purpose and Applicability............................................................................................. 56
18.155.020 Review Authority .......................................................................................................... 56
18.155.030 Filing, Processing, and Review .................................................................................... 57
18.155.040 Findings........................................................................................................................ 58
18.155.050 Conditions of Approval ................................................................................................. 58
18.155.060 Lape of Approval – Changes to Plans ......................................................................... 58
18.155.070 Resubmittal of Application............................................................................................ 59 CHAPTER 18.160 ZONING PERMIT.............................................................................................. 61
10.2.i
Packet Pg. 894
Chapter 18.105 Adult Use Development Permit
4 18.160.010 Purpose and Applicability............................................................................................. 61
18.160.020 Review Authority .......................................................................................................... 61
18.160.030 Filing, Processing, and Review .................................................................................... 61
18.160.040 Findings........................................................................................................................ 62
18.160.050 Lapse of Approval – Changes to Plans........................................................................ 62
18.160.060 Revocation ................................................................................................................... 62
18.160.070 Resubmittal of Application............................................................................................ 63
10.2.i
Packet Pg. 895
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.105 Revised Preliminary Draft – October 2024
5 Chapter 18.105
Adult Use Development Permit
10.2.i
Packet Pg. 896
Chapter 18.105 Adult Use Development Permit
6 Chapter 18.105 Adult Use Development Permit
Sections
18.105.010 Purpose and Applicability
18.105.020 Review Authority
18.105.030 Application
18.105.040 Filing, Processing, and Review
18.105.050 Findings
18.105.060 Lapse of Approval
18.105.070 Revocation
18.105.080 Violations
18.105.010 Purpose and Applicability
A. Purpose. The purpose of this Chapter is to establish processing and review procedures for the establishment of adult businesses, as defined in this Title, to ensure the protection of sensitive land uses in the surrounding areas. [Source: NEW]
B. Applicability.
1. No adult business may be established within the city by right. All persons wishing to establish an adult business within the city shall apply for and receive an Adult Use Development Permit under this Chapter. [Source: 18.70.050.A]
2. It is the burden of the applicant to supply evidence to justify the approval of an Adult Use Development Permit. [Source: 18.70.050.B]
3. Any person desiring to operate or establish an adult business within the City shall file for an Adult Use Development Permit application with the Planning Division using a standard application form supplied by the Planning Division. [Source: 18.70.050.A.C]
18.105.020 Review Authority
The Planning Commission shall approve, conditionally approve, or deny an application for an Adult Use Development Permit based on the criteria established in this Chapter and the underlying zoning district in which the property is located. [Source: 18.70.080.A]
18.105.030 Application
A. Eligible Applicants. The application shall be signed by the owner or lessee. If the application is signed by a lessee, a notarized statement signed by the owner shall accompany the application. Proof of status is required. [Source: 18.70.060.A] B. Required Contents. The City Council, by resolution, shall establish the required contents for Adult Use Development Permit applications. [Source: 18.70.060.B]
10.2.i
Packet Pg. 897
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.105 Revised Preliminary Draft – October 2024
7 C. Environmental Requirements. Applicants for an Adult Use Development Permit shall complete the City’s environmental package for purposes of complying with the California Environmental Quality Act (“CEQA”). [Source: 18.70.060.C]
D. Fees. The City Council, by resolution, shall set a nonrefundable application fee for persons applying for an Adult Use Development Permit. [Source: 18.70.070]
18.105.040 Filing, Processing, and Review
A. Determination of Completeness. Within 30 calendar days after an Adult Use Development Permit application is submitted, the Zoning Administrator shall determine whether the application is complete and shall notify the applicant of the determination, including (if appropriate) a description of why the application is incomplete and any additional information that may be required. [Source: 18.70.080.B]
B. Planning Commission Review. Following the date of a deemed complete application, the Planning Commission shall conduct an appropriate review, including consultation with the Building, Police, Fire, Engineering, and Health Departments, and an inspection of the premises as needed. Consultation is not grounds for the City to unilaterally delay the review of a completed application. [Source: 18.70.080.C]
C. In reaching a decision, the Planning Commission shall not be bound by the formal rules of evidence. [Source: 18.70.080.D]
D. Public Hearing and Noticing.
1. Following the completion of the review, the Planning Commission shall notice and conduct a public hearing, as prescribed in Chapter 18.195 (Notice Requirements) of this Title, on the application for an Adult Use Development Permit. [Source:
18.70.080.E]
2. Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.XX.XXX (Multiple Discretionary Permits). [Source: NEW]
E. Timeline. The Planning Commission shall render a written decision of approval, conditional approval, or denial of an Adult Use Development Permit within 60 calendar days of receiving a completed application. The failure of the Planning Commission to render a decision within this time frame shall be deemed a denial. [Source: 18.70.080.F] F. Notice of Decision. The Planning Commission’s decision shall be hand delivered or mailed to the applicant. Any posted notices shall remain for at least 10 calendar days after the determination of decision and mailed to all property owners within 300 feet of the site in which the adult use will be present. [Source: 18.70.080.G]
G. Appeals. The decision of the Planning Commission may be appealed to the City Council in compliance with Chapter 18.175 (Appeals and Calls for Review) and California Code of Civil Procedures section 1094.6. [Source: 18.70.100.A, B]
10.2.i
Packet Pg. 898
Chapter 18.105 Adult Use Development Permit
8 18.105.050 Findings
A. The Planning Commission shall approve or conditionally approve an application for an Adult Use Development Permit, if, based on the application and information submitted, it is able to make the following findings: [Source: 18.70.120]
1. The proposed adult use complies with the development and design requirements of the underlying zoning district in which it is located and with the applicable standards of this Chapter; [Source: 18.70.120.A.1]
2. The proposed adult use and its projected traffic generation is consistent with achieving or maintaining the established level of service and vehicle miles travelled criteria established in the Transportation and Circulation Element of the General Plan. If the City’s established level of service is already exceeded, then the proposed use and its projected traffic generation will not result in a net increase in the level of service; [Source: 18.70.120.A.2]
3. The proposed site is adequately served by other public and private service facilities for the proposed adult use; [Source: 18.70.120.A.3]
4. The proposed adult use is not located within a 500-foot radius of a residential land use designation as prescribed in the Land Use Element of the General Plan or the general plan of an adjacent jurisdiction. The distance between a proposed use and a residential land use designation shall be measured from the nearest exterior wall of the facility housing the adult use or proposed adult use closest to the lot line of the residential land use designation, along a straight line extended between the two points; [Source:
18.70.120.A.4]
5. The proposed adult use is not located within an 800-foot radius of a. existing school, daycare, or park facility located within or outside the jurisdiction of the city, or a school or park land use designation as established in the Land Use Element of the General Plan or the general plan of an adjacent jurisdiction. The distance between the proposed use and a school or park land use designation or facility shall be measured from the nearest exterior wall of the facility housing the adult use or proposed adult use to the property line of the school site or the nearest property line included within a park land use designation, along a straight line extended between the two points; [Source:
18.70.120.A.5]
6. The proposed adult use is not located within an 800-foot radius of a religious institution located either within or outside the jurisdiction of the City. The distance between the adult use or proposed adult use and a religious institution shall be measured from the nearest exterior wall of the facility housing the adult use or proposed adult uses along a straight line extended to the nearest exterior wall of the structure housing the religious institution; [Source: 18.70.120.A.6]
7. The proposed adult use is not located within 1,000 feet of any other adult use that is located either within or outside the jurisdiction of the City. The distance between two adult uses shall be measured between the nearest exterior walls of the structure housing the adult uses along a straight line extended between the two uses; and [Source: 18.70.120.A.7]
10.2.i
Packet Pg. 899
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.105 Revised Preliminary Draft – October 2024
9 8. Neither the applicant (if an individual) or any of the officers or general partners (if a corporation or partnership) have been found guilty or pleaded nolo contendere within the past four years of a misdemeanor or a felony classified by the State of California as a sex or sex-related offense. [Source: 18.70.120.A.9] Any conditions of approval imposed upon the Adult Use Development Permit shall comply with the objective development standards of Section 18.50.030 (Locational Limitations) and the underlying zoning district of the proposed lot. [Source: 18.70.120.B]
18.105.060 Lapse of Approval
A. Permits for New Facility/Use. An Adult Use Development Permit approved in accordance with this Chapter shall become null and void unless the proposed use is established within six months of the date of approval.
B. Permits for Reuse of Existing Facilities. An Adult Use Development Permit approved in accordance with this Chapter for facilities that are a reuse of existing facilities, the permit shall become null and void unless the proposed use is established within six months of the date of approval, unless the permittee demonstrates, to the satisfaction of the Planning Commission, that it has a good faith intent to commence the proposed use before the expiration date. Such extensions shall not exceed two six-month extensions, or a total of 12 months from the date of approval. [Source: 18.70.110]
18.105.070 Revocation
A. Any Adult Use Development Permit issued in accordance with this Chapter may be revoked by the City if for any of the following reasons: [Source: 18.70.130.A]
1. The business or activity has been conducted in a manner which: [Source:
18.70.130.A.1]
a. Violates one or more of the conditions imposed upon the approval of the Adult Use Development Permit [Source: 18.70.130.A.1
b. Fails to conform to the plans and procedures described in the permit application [Source: 18.70.130.A.1]
c. Violates the occupant load limits set by the Fire Marshal; [Source:
18.70.130.A.1]
2. The permittee has failed to obtain or maintain all required City, County, and/or State of California licenses and permits; [Source: 18.70.130.A.2, modified]
3. The permittee has misrepresented a material fact in the permit application or has not answered each question truthfully; [Source: 18.70.130.A.4]
4. Changes in on-site conditions has resulted in the adult business having insufficient onsite parking as established in Chapter 18.70 (Off-Street Parking and Loading), except for an existing use that is legal and nonconforming with respect to parking; [Source:
18.70.130.A.5]
10.2.i
Packet Pg. 900
Chapter 18.105 Adult Use Development Permit
10 5. The building or structure in which the adult business is conducted is hazardous to the health or safety of the employees or patrons of the business or of the public under the standards established in the Uniform Building, Uniform Plumbing or Uniform Fire Code; [Source: 18.70.130.A.6]
6. The adult business creates sound levels which violate the City’s established noise thresholds; [Source: 18.70.130.A.7]
7. The permittee, if an individual, or any of the officers or general partners, if a corporation or partnership, is found guilty or pleaded nolo contendere to a misdemeanor or felony classified by the State of California as a sex or sex-related offense during the period of the adult business’s operation; or [Source: 18.70.130.A.8]
8. The adult use for which the permit was approved has ceased to exist or has been suspended for six months or more. [Source: 18.70.130.A.9 B. Notice and Public Hearing. The Planning Commission shall conduct a public hearing, as prescribed in Chapter 18.195 (Notice Requirements) on the proposed revocation of an Adult Use Development Permit. [Source: 18.70.130.B-D]
C. Revocation Procedure. An Adult Use Development Permit may be revoked or modified in compliance with Section 18.185.040 (Revocation or Modification of Discretionary Permits). The Planning Commission shall make its decision within 30 days of the public hearing and shall not be bound by the formal rules of evidence at the hearing. [Source: 18.70.130.C-I].
D. In the event an Adult Use Development Permit is revoked pursuant in accordance with this Section, another Adult Use Development Permit to operate an adult business shall not be granted to the permittee for 12 months after the date of such written notice of revocation.
18.105.080 Violations
A person who violates a provision of this Chapter, including the failure to secure an Adult Use Development Permit or comply with a condition of approval, is subject to the criminal penalties established in Pleasant Hill Municipal Code Chapter 1.30. [Source: 18.70.140]
10.2.i
Packet Pg. 901
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.110 Revised Preliminary Draft – October 2024
11 Chapter 18.110
Architectural Review Permits
10.2.i
Packet Pg. 902
Chapter 18.110 Architectural Review Permits
12 Chapter 18.110 Architectural Review Permits
Sections
18.110.010 Purpose and Applicability
18.110.020 Review Authority
18.110.030 Filing, Processing, and Review
18.110.040 Conditions of Approval
18.110.050 Lapse of Approval – Changes to Plans
18.110.060 Resubmittal of Application
18.110.010 Purpose and Applicability
A. Purpose. The purpose of an Architectural Review Permit is to evaluate the interdependence of property values and aesthetics and provide a method to promote sound land use development.
Architectural review is intended to promote the architectural design excellence, visually pleasing and harmonious site design, and preservation of natural landforms and vegetation. [Source: 18.115.010.B]
B. Applicability. An Architectural Review Permit is required before issuance of a Building Permit for any development project relating to the following: [Source: 18.115.010]
1. The construction, addition, or exterior alteration to a site plan, building, structure, and/or landscape plan associated with any project other than a single-family residence; [Source: 18.115.010.A.1]
2. A single-family residence at the time of initial construction, or a substantial addition as determined by the Zoning Administrator. An Architectural Review Permit is not required for remodeling, additions, or accessory structures; however, staff level review of such structures for substantial conformance with the citywide design guidelines shall occur as part of the Building Permit plan review and approval process. [Source:
18.115.010.A.2]
C. No improvement subject to architectural review under this Chapter shall be constructed, located, repaired, altered, repainted a different color, or maintained except in accordance with a design approved under this Chapter. The term “improvement” as used in this Chapter shall be interpreted by the Zoning Administrator to include but not be limited to the construction, alteration, and repair of all buildings, structures, and facilities permanently affixed to real property. [Source: 18.115.010.A]
18.110.020 Review Authority
A. Architectural Review Commission. Except as provided in Subsections B and C of this Section, the Architectural Review Commission has the authority to approve, conditionally approve, or deny Architectural Review Permits. The Architectural Review Commission is established under Title 3 (Boards and Commissions). [Source: 18.115.020.A]
10.2.i
Packet Pg. 903
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.110 Revised Preliminary Draft – October 2024
13 B. Zoning Administrator. The Zoning Administrator has the authority to approve, conditionally approve, or deny an Architectural Review Permit for the following improvements if the Zoning Administrator finds that such improvements will not have a significant visual impact. [Source:
18.115.020.B]
1. A minor alteration to an existing structure in a PUD, PPD, or HPUD development that is consistent with the original permit approval and is approved by the homeowners’ association, if applicable; [Source: 18.115.020.B.1]
2. A minor alteration (including but not limited to repainting, landscape modification, adding screened mechanical equipment, window replacements) to an existing structure in the RB, NB, C, PAO, or LI zoning district that is consistent with the original permit approval; [Source: 18.115.020.B.2]
3. An addition or repair to an existing structure if the exterior is not altered. [Source:
18.115.020.B.3]
4. The Zoning Administrator may, in their discretion, refer an Architectural Review Permit application directly to the Architectural Review Commission. [Source: 18.115.020.B] C. Streamlined Ministerial Review. Residential development projects qualifying for streamlined permit review, as established under Section 18.15.040 (Additional Development Standards) of Chapter 18.15 (Residential Districts), shall be subject to a ministerial architectural review process. [Source: 18.115.020.C]
D. Projects with Multiple Discretionary Applications. For projects requiring a discretionary permit approval from the Planning Commission and/or City Council in addition to Architectural Review Permit approval, the Planning Commission and/or City Council shall be the final review authority for the Architectural Review Permit and any action of the Architectural Review Commission shall be considered advisory to the Planning Commission and/or City Council. [Source: 18.115.030.F]
18.110.030 Filing, Processing, and Review
A. Application. An applicant for an Architectural Review Permit shall submit the following: [Source:
18.115.030.A]
1. A complete application and all applicable materials and information as required by the Planning Division. [Source: 18.115.030.A]
2. The Zoning Administrator, at their discretion, may add or waive the submission of application materials or information to determine compliance with the standards of this Chapter. [Source: 18.115.030.A]
B. Noticing and Public Hearing.
1. The Architectural Review Commission shall hold a public hearing on the Architectural Review Permit application. Notice of the hearing shall comply with Chapter 18.195 (Notice Requirements). No notice or public hearing is required for an application being considered by the Zoning Administrator or for streamlined ministerial review under this Section. [Source: 18.115.030.B]
10.2.i
Packet Pg. 904
Chapter 18.110 Architectural Review Permits
14 2. Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.XX.XXX (Multiple Discretionary Permits). [Source: NEW]
C. Decision. Within 20 working days following the public hearing, the Architectural Review Commission shall approve, conditionally approve, or deny the Architectural Review Permit application. The Zoning Administrator shall mail notice of the decision to the applicant and any other party requesting notice within 10 calendar days of the decision. [Source: 18.115.030.C] D. Effective Date. A decision under this Chapter takes effect 10 calendar days after notice of the decision is mailed. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.175 (Appeals and Calls for Review) has been exhausted. [Source:
18.115.030.D]
E. Appeals.
1. A decision of the Zoning Administrator under this Chapter may be appealed to the Architectural Review Commission in compliance with Chapter 18.175 (Appeals and Calls for Review). [Source: 18.115.030.E]
2. A decision of the Architectural Review Commission may be appealed to the City Council in compliance with Chapter 18.175 (Appeals and Calls for Review). [Source:
18.115.030.E]
F. Scope of Review. The Architectural Review Commission shall review the site plan and physical design of a project; the sign designs and locations; and lighting. In its review, the Architectural Review Commission shall consider the following factors: [Source: 18.115.040]
1. Excellence of design; [Source: 18.115.040.A]
2. Height, mass, and coverage of buildings; [Source: 18.115.040.B]
3. Colors, materials, and types of building and installations; [Source: 18.115.040.C]
4. Physical and architectural relation with existing and proposed structures in the area and to the location of the site within the City; [Source: 18.115.040.D]
5. Site layout, orientation, and location of buildings, and relationship with property boundaries and open areas; [Source: 18.115.040.E]
6. Height, materials, colors, and variations in walls, fences, or screen planting; [Source:
18.115.040.F]
7. Location and type of landscaping, including but not limited to setback areas and offstreet parking areas; [Source: 18.115.040.G]
8. Appropriateness of sign design and exterior lighting standards and devices and other building graphics, in compliance with criteria and sign design guidelines established in Section 18.80.070 (Specific Sign Standards) and Section 18.80.120 (Temporary Freestanding Sign Standards); and [Source: 18.115.040.H]
9. The extent of grading and its relationship to topography, as related to visual impacts. [Source: 18.115.040.I]
10.2.i
Packet Pg. 905
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.110 Revised Preliminary Draft – October 2024
15 G. Findings. The Architectural Review Commission may approve, or recommend an approval of, an Architectural Review Permit if it finds that all the following are true, based on the application, plans, materials, and testimony submitted at the public hearing: [Source: NEW]
1. The site demonstrates excellence in architectural design; [Source: 18.115.010.B.1]
2. The siting and architectural design of structures, including their materials and colors, are visually harmonious with surrounding development and with the natural landforms and vegetation of the areas in which they are proposed to be located; [Source:
18.115.010.B.2]
3. The landscaping of open spaces plans conforms with the requirements of this Chapter and provide visually pleasing settings for structures on the site and on adjoining and nearby lots, and blend harmoniously with the natural landscape; [Source:
18.115.010.B.3]
4. Excessive and unsightly grading of hillsides is minimized, and the preservation of natural landforms and existing vegetation is encouraged in the design of the site; [Source: 18.115.010.B.4]
5. The site complies with the Citywide Design Guidelines and Residential Objective Design Standards; and [Source: 18.115.010.B.5-6]
18.110.040 Conditions of Approval
The Architectural Review Commission or Zoning Administrator may impose conditions reasonably related to the application and consistent with this Chapter. They may not impose requirements pertaining to use, density, floor area ratio (FAR), open space, setbacks, ridgeline and creek setbacks, parking or loading, or signs more restrictive than those prescribed by the Planning Commission and the zoning district regulations or a valid Use Permit or Variance. [Source: 18.115.050]
18.110.050 Lapse of Approval – Changes to Plans
A. Lapse of Approval. An Architectural Review Permit lapses 12 months from its effective date unless: [Source: 18.115.060.A]
1. A Construction Permit (e.g., Demolition, Building, Grading, Site) has been issued, construction activities has commenced, and applicable preconstruction tasks have started; or [Source: 18.115.060.A.1]
2. An Occupancy Permit has been issued; or [Source: 18.115.060.A.2]
3. The approval is renewed by the Architectural Review Commission. [Source:
18.115.060.A.3]
B. Changes to Plans or Conditions of Approval. A request for a change in a condition of approval, or a change in the Architectural Review Permit which affects a condition of approval, requires a new application for modification of the condition. [Source: 18.115.060.B]
1. If the Zoning Administrator determines that the modification is minor, the Zoning Administrator may approve the modification administratively. The Zoning
10.2.i
Packet Pg. 906
Chapter 18.110 Architectural Review Permits
16 Administrator’s decision may be appealed to the Planning Commission. [Source:
18.115.060.B]
2. If the Zoning Administrator determines that the modification is major, then the modification shall be referred to the final decision-making body that approved the original Architectural Review Permit. [Source: 18.115.060.B]
18.110.060 Resubmittal of Application
Following denial of an Architectural Review Permit application, no new application for the same, or substantially the same, architectural review plan shall be accepted within 12 months of the date of denial, unless the denial was made without prejudice. [Source: 18.115.070]
10.2.i
Packet Pg. 907
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.115 Revised Preliminary Draft – October 2024
17 Chapter 18.115
Development Plan
10.2.i
Packet Pg. 908
Chapter 18.115 Development Plan
18 Chapter 18.115 Development Plan
Sections
18.115.010 Purpose and Applicability
18.115.020 Approval Authority
18.115.030 Filing, Processing, and Review
18.115.040 Findings
18.115.050 Conditions of Approval
18.115.060 Lapse of Approval – Changes to Plans
18.115.070 Resubmittal of Application
18.115.010 Purpose and Applicability
A. A Development Plan is required for any of the following types of development projects: [Source:
18.90.010]
1. Any new structure(s) designed for an occupancy load of 30 persons or more.
2. Lots zoned PUD.[Source: 18.90.010]
3. An addition of 7,000 square feet or more to any existing structure, except for singlefamily residential structures. [Source: 18.90.010] B. A Development Plan is not required for the construction or alteration of a single-family residential structure. [Source: 18.90.010]
C. Development Plan approval is required in addition to an Architectural Review Permit under Chapter 18.110 (Architectural Review Permits). [Source: 18.90.010]
18.115.020 Approval Authority
The Planning Commission has the authority to approve, conditionally approve, or deny Development Plans. [Source: 18.90.020]
18.115.030 Filing, Processing, and Review
A. Application. An applicant for a Development Plan shall submit the following: [Source:
18.90.030.A]
1. A complete application and all applicable materials and information as provided by the Planning Division. [Source: 18.90.030.A]
2. The Zoning Administrator, at their discretion, may add or waive the submission of application materials or information to determine compliance with the standards of this Chapter. [Source: 18.90.030.A]
B. Notice and Public Hearing.
10.2.i
Packet Pg. 909
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.115 Revised Preliminary Draft – October 2024
19 1. The Planning Commission shall hold a public hearing on an application for a Development Plan and notice such meeting in compliance with Chapter 18.195 (Notice Requirements). A public hearing may be continued to a definite date and time without additional public notice. [Source: 18.90.030.B]
2. Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.XX.XXX (Multiple Discretionary Permits). [Source: NEW]
C. Decision. The Planning Commission shall approve, conditionally approve, or deny an application within 20 working days after the close of the public hearing. The Zoning Administrator shall mail notice of the decision to the applicant and any other party requesting notice within 10 calendar days of the decision. The date of the decision is the date the Planning Commission (or City Council, on appeal) adopts the resolution. [Source: 18.90.030.C] D. Effective Date. A decision under this Chapter takes effect 10 calendar days after notice of the decision is mailed. [Source: 18.90.030.D]
E. Appeal. A decision of the Planning Commission may be appealed to the City Council in compliance with Chapter 18.175 (Appeals and Calls for Review). [Source: 18.90.030.E]
18.115.040 Findings
The Planning Commission may approve a development plan if it finds all of the following are true, based on the application, plans, materials, and testimony submitted at the public hearing: [Source: 18.90.040] A. The proposed development will not be detrimental to the health, safety, and general welfare of persons residing or working in the vicinity of the proposed development; [Source: 18.90.040.A] B. The proposed development will not be injurious or detrimental to adjacent properties or to property in the neighborhood or in the city; [Source: 18.90.040.B] C. The proposed development is consistent with the policies and goals established by the General Plan; and [Source: 18.90.040.C]
D. The proposed development is architecturally compatible with other developments in the vicinity, both inside and outside the zoning district. [Source: 18.90.040.D]
18.115.050 Conditions of Approval
In approving a Development Plan, the Planning Commission may impose reasonable conditions necessary to: [Source: 18.90.050]
A. Achieve the general purposes of this Chapter or the specific purposes of the zoning district in which the site is located[Source: 18.90.050.A]
B. To make it consistent with the General Plan; [Source: 18.90.050.A] C. Protect the public health, safety, and general welfare of persons residing or working in the vicinity of the proposed development; or [Source: 18.90.050.B] D. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area. [Source: 18.90.050.C]
10.2.i
Packet Pg. 910
Chapter 18.115 Development Plan
20 18.115.060 Lapse of Approval – Changes to Plans
A. Lapse of Approval. A Development Plan lapses 12 months after its date of approval, or at an alternative time specified as a condition of approval, unless one of the following has occurred:
[Source: 18.90.060.A]
1. A Construction Permit (e.g., Demolition, Building, Grading, Site) has been issued, construction activities has commenced, and applicable preconstruction tasks have started; [Source: 18.90.060.A.1]
2. A Certificate of Occupancy has been issued; or [Source: 18.90.060.A.2]
3. The Development Plan is renewed by the Planning Commission or other hearing body which originally approved it. No new notice or public hearing is required for a renewal if the findings required for approval remain valid. [Source: 18.90.060.A.3] B. Changes to Plans or Conditions of Approval. A request for a change in a condition of approval, or a change in the Development Plan which affects a condition of approval, requires a new application for modification of the condition. [Source: 18.90.060.B]
1. If the Zoning Administrator determines that the modification is minor, the Zoning Administrator may approve the modification administratively. The Zoning Administrator’s decision may be appealed to the Planning Commission. [Source:
18.90.060.B]
2. If the Zoning Administrator determines that the modification is major, then the modification shall be referred to the final decision-making body that approved the original Development Plan. [Source: 18.90.060.B]
18.115.070 Resubmittal of Application
Following the denial of a Development Plan application, no new application for the same, or substantially the same, Development Plan shall be accepted within 12 months of the date of denial, unless the denial was made without prejudice. [Source: 18.90.070]
10.2.i
Packet Pg. 911
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.120 Revised Preliminary Draft – October 2024
21 Chapter 18.120
Minor Exceptions
10.2.i
Packet Pg. 912
Chapter 18.120 Minor Exceptions
22 Chapter 18.120 Minor Exceptions
Sections
18.120.010 Purpose
18.120.020 Applicability
18.120.030 Review Authority
18.120.040 Filing, Processing, and Review
18.120.050 Findings
18.120.060 Conditions of Approval
18.120.070 Lapse of Approval – Changes to Plans
18.120.080 Resubmittal of Application
18.120.010 Purpose
The purpose of this Chapter is to:
A. Allow the Zoning Administrator to approve a minor exception from specified development standards required by this Title. [Source: 18.111.010.A] B. Provide an appropriate process to enable the Zoning Administrator to approve a Minor Exception. [Source: 18.111.010.B]
C. Provide appropriate and reasonable findings to allow the Zoning Administrator to approve a Minor Exception. [Source: 18.111.010.C]
D. Ensure that any Minor Exceptions approved under this Chapter are consistent with the purpose and intent of this Title. [Source: 18.111.010.D]
18.120.020 Applicability
A. A Minor Exception may be requested for any of the following:
1. Fence or Wall Height. Up to a one foot increase in the maximum allowable height of a fence or wall established in Section 18.65.040 (Residential Fence and Wall Standards). [Source: 18.111.020.A]
2. Floor Area Ratio (FAR). A maximum increase of 10 percent of the existing FAR standard (e.g., if the FAR is 30 percent, the maximum potential increase would be three percent). [Source: 18.111.020.B]
3. Landscaping Area. A decrease in minimum landscaping area, planting area, or dimensional requirements of not more than 20 percent of the applicable standard established in Section 18.15.040 (Additional Development Standards) and Chapter
18.25.030 (Development Standards for Commercial, Office, and Industrial Districts). [Source: 18.111.020.C]
10.2.i
Packet Pg. 913
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.120 Revised Preliminary Draft – October 2024
23 4. Loading. A decrease in the number of required loading spaces if it can be demonstrated that the spaces are not needed for the proposed use and the area that was to be used for the loading space(s) shall be used as landscaping, parking, or open space in addition to the minimum requirements established in Section 18.70.020 (General Requirements for Off-Street Parking and Loading) and Section 18.70.030 (Off-Street Parking and Loading Spaces Required). [Source: 18.111.020.D]
5. Lot Coverage. An increase of not more than 10 percent of the applicable lot coverage standards established in Section 18.15.030 (Development Standards for Residential Zoning districts) (e.g., if the lot coverage standard is 30 percent a 10 percent increase would be three percent). [Source: 18.111.020.E]
6. Lot Depth and/or Width. A decrease of not more than 10 percent of a minimum depth and/or width dimension, only if the minimum required lot area and density requirements established in Section 18.15.030 (Development Standards for Residential Zoning districts) are met (e.g., a lot depth requirement of 90 feet may be reduced to 81 feet). [Source: 18.111.020.F]
7. Open Space. A decrease of not more than 10 percent of the minimum required amount of usable open space on the site (private and/or shared), or open space dimensional requirements established in Section 18.15.030 (Development Standards for Residential Zoning districts) and Section 18.15.040 (Additional Development Standards). [Source: 18.111.020.G]
8. Projections. An increase of not more than 20 percent in the allowable projection of cornices, eaves, fireplaces, masonry chimneys, overhangs, or steps into a required setback area, provided that the projection shall not be closer than three feet to any property line. Projections shall be measured from the required setback, not from an existing legal nonconforming setback or from a reduced setback that may be granted through a Variance or Minor Exception in accordance with Section 18.45.080 (Structure Projections into Yards and Courts)). [Source: 18.111.020.H]
9. Screening of Mechanical Equipment. Alternative methods of screening, including the use of paint or other stealthing or camouflaging techniques, if it is determined that other screening methods established in Section 18.65.060 (Screening of Mechanical Equipment) are not feasible and the alternative methods will provide substantial screening consistent with the intent and purpose of this Title. [Source: 18.111.020.I]
10. Minimum Setbacks. A decrease of not more than 20 percent of the applicable setback standards as established in the base zoning district if consistent with the character of existing development in the surrounding area. In no circumstance shall a Minor Exception be approved for a main building or accessory structure that reduces setbacks to less than the following: [Source: 18.111.020.J] a. Front Setback: 16 feet (a minimum of 20 feet shall be maintained for any garage facing the street). [Source: 18.111.020.J.1]
b. Side Setback: Three feet. [Source: 18.111.020.J.2]
c. Rear Setback: Five feet. [Source: 18.111.020.J.3]
10.2.i
Packet Pg. 914
Chapter 18.120 Minor Exceptions
24 11. Accessory Structures.
a. Accessory structures on lots with existing and ongoing agricultural/horticultural uses that are two acres or larger may exceed the maximum floor area and/or height standards specified in Section 18.15.060 (Accessory Structure and Use: Residential Zoning districts), provided the accessory structures comply with all other applicable development standards; [Source: 18.111.020.K.1] b. Any other type of decorative landscape structure/feature(s), not identified in Section 18.15.060 (Accessory Structure and Use: Residential Zoning districts) (e.g., trellis, fountain, column) exceeding three feet in height and occupying not more than 10 percent of the required yard area (either individually or cumulatively). [Source: 18.111.020.K.2]
12. Other Minor Exceptions. The Zoning Administrator may approve Minor Exceptions for other development standards established in this Title (excluding any increase in maximum building height), provided that all the following requirements are met:
a. The adjustment(s) do not result in more than a 20 percent change in any given development standard; [Source: NEW]
b. All the findings specified in Section 18.120.060 (Findings) are satisfied; and [Source: 18.111.020.M]
c. The Planning Commission is notified of the proposed Minor Exception and provided with an opportunity to call the proposed Minor Exception up for review by the Planning Commission Section 18.165.010 (Right to Appeal, Call for Review, Time Limits). [Source: 18.111.020.M]
B. Required Variance. A request for an exception to development standards that exceed the limitations identified Subsection A requires the approval of a Variance in compliance with Chapter 18.145 (Variance). [Source: 18.111.020.N]
C. Approval of a Minor Exception and/or eligibility for consideration of approval of a Minor Exception does not constitute a basis for future approval of a Variance. [Source: 18.111.020.N]
18.120.030 Review Authority
A. The Zoning Administrator has the authority to approve, conditionally approve, or deny Minor Exceptions. The Zoning Administrator may, at their discretion, refer a Minor Exception application directly to the Planning Commission for consideration. [Source: 18.120.030.A] B. If more than one Minor Exception is requested for a lot (either concurrently or sequentially over time), the Minor Exception request(s) shall be referred to the Planning Commission for consideration at a public hearing. [Source: 18.120.030.A]
18.120.040 Filing, Processing, and Review
A. Application. An applicant for a Minor Exception shall submit the following:
1. A complete application and all applicable materials and information as provided by the Planning Division. [ Source: 18.90.030.A]
10.2.i
Packet Pg. 915
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.120 Revised Preliminary Draft – October 2024
25 2. The Zoning Administrator, at their discretion, may add or waive the submission of application materials or information to determine compliance with the standards of this Chapter. [Source: Source: 18.90.030.A]
B. Notice and Public Hearing.
1. Notice. Within 20 calendar days after the application is deemed complete, the Zoning Administrator shall notify all residents and property owners within 300 feet of the project site, Planning Commission, and City Council that a decision will be made by the Zoning Administrator to approve or deny the Minor Exception application on a date specified in the notice. [Source: 18.120.030.C]
2. Public Hearing.
a. For a Minor Exception application being reviewed by the Zoning Administrator, a public hearing will be held only if requested in writing by any interested person before the specified date for the decision. When a hearing is requested, notice of the hearing shall be provided in compliance with Chapter 18.195 (Notice Requirements). [Source: 18.120.030.C
b. When multiple applications for a Minor Exception are submitted for a single site or a project has multiple discretionary permits or entitlements, the public hearing shall be conducted in compliance with Section 18.XX.XXX (Multiple Discretionary Permits). [Source: NEW]
c. A public hearing may be continued to a definite date and time without additional public notice. [Source: 18.120.030.C]
C. Decision.
1. The Zoning Administrator shall approve, conditionally approve, or deny an application for a Minor Exception within 20 working days after issuance of a public notice as specified in Paragraph A.1 of this Section or within 20 working days after the close of the public hearing, whichever is applicable. The Zoning Administrator shall mail notice of the decision, including a description of the appeal process as specified in Chapter
18.175 (Appeals and Calls for Review), to the applicant and any other party requesting notice and shall provide electronic mail (email) notice of the decision to the Planning Commission and City Council within 10 calendar days of the decision. [Source:
18.120.030.D]
2. In the case of Planning Commission review, or City Council on appeal, the date of the decision is the date the Planning Commission or City Council adopts the resolution approving or denying the application(s). [Source: 18.120.030.D] D. Effective Date. A decision under this Chapter takes effect 10 calendar days after notice of the decision is mailed. [Source: 18.120.030.E]
E. Appeals. A decision of the Zoning Administrator may be appealed to the Planning Commission in accordance with Chapter 18.175 (Appeals and Calls for Review). [Source: 18.120.030.F]
10.2.i
Packet Pg. 916
Chapter 18.120 Minor Exceptions
26 F. Call for Review. A decision of the Zoning Administrator may be called for review by any member of the Planning Commission, Architectural Review Commission, and/or City Council in accordance with the provisions of Chapter 18.175 (Appeals and Calls for Review). [Source:
18.120.030.G]
18.120.050 Findings
The Zoning Administrator may approve a Minor Exception if the following findings can be made, based on the application, plans, materials, and any public testimony submitted with the application: [Source:
18.111.040]
A. No practical alternative exists to the proposed exception; [Source: 18.111.040.A] B. The purpose and intent of the zoning district will not be substantially compromised; [Source:
18.111.040.B]
C. There will be no detrimental impact (aesthetically or otherwise) to the site, adjacent properties, or neighborhood; [Source: 18.111.040.C]
D. The project will be in substantial conformance with the citywide design guidelines; [Source:
18.111.040.D]
E. The proposed project will otherwise comply with all applicable standards and requirements of this Title, including any applicable specific plan or planned unit development. [Source:
18.111.040.E]
18.120.060 Conditions of Approval
In approving a Minor Exception, the Zoning Administrator may impose reasonable conditions necessary to: [Source: 18.111.050]
A. Achieve the general purposes of this Chapter or the specific purposes of the zoning district in which the site is located, and/or to ensure that the request is consistent with the General Plan; [Source: 18.111.050.A]
B. Protect the public health, safety, and general welfare of persons residing or working in the vicinity of the proposed development; [Source: 18.111.050.B] C. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area; [Source: 18.111.050.C] D. Ensure substantial conformance with citywide design guidelines. (Ord. 857 § 2, 2011) [Source:
18.111.050.D]
18.120.070 Lapse of Approval – Changes to Plans
A. An approval for a Minor Exception lapses 12 months after its date of approval, or at an alternative time specified as a condition of approval, unless any of the following has occurred:
[Source: 18.111.060]
1. A Construction Permit (e.g., Demolition, Building, Grading, Site) has been issued, construction activities has commenced, and applicable preconstruction tasks have started; or [Source: 18.111.060.A]
10.2.i
Packet Pg. 917
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.120 Revised Preliminary Draft – October 2024
27 2. A certificate of occupancy has been issued; or [Source: 18.111.060.B]
3. The exception is renewed by the review authority which originally approved the Minor Exception. No new notice or public hearing is required for a renewal if the findings required for approval remain valid. [Source: 18.111.060.C] B. A request for a change in the Minor Exception or a condition of approval requires a new application for modification of the condition. If the Zoning Administrator determines that the modification is minor, they may approve that minor modification administratively, which may be appealed to the Planning Commission. If the zoning administrator determines that the modification is major, then the modification shall be referred for consideration to the final decision-making body that approved the original Minor Exception. [Source: 18.111.070]
18.120.080 Resubmittal of Application
Following denial of a Minor Exception:
A. No new application for the same, or substantially the same, Minor Exception shall be accepted within 12 months of the date of denial, unless the denial was made without prejudice. [Source:
18.111.080]
B. The applicant may apply for a Variance under Chapter 18.145. [Source: 18.111.080]
10.2.i
Packet Pg. 918
Chapter 18.125 Reasonable Accommodation
28 Chapter 18.125
Reasonable Accommodation
10.2.i
Packet Pg. 919
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.125 Revised Preliminary Draft – October 2024
29 Chapter 18.125 Reasonable Accommodation
Sections
18.125.010 Purpose
18.125.020 Review Authority
18.125.030 Requests
18.125.040 Application Requirements
18.125.050 Filing, Processing, and Review
18.125.060 Findings
18.125.070 Appeal
18.125.010 Purpose
It is the City’s policy to provide individuals with disabilities reasonable accommodation in regulations and procedures to ensure equal access to housing, and to facilitate the development of housing. The purpose of this Chapter is to provide a procedure under which a disabled person may request a reasonable accommodation in the application of the development requirements and standards established in this Title. [Source: 18.112.010]
This Chapter is based on requirements of the Federal and State of California fair housing laws and implements the Housing Element of the General Plan. It is distinct from the requirements for a variance established in Government Code Section 65906 and Chapter 18.145 (Variance). [Source: 18.112.010]
18.125.020 Review Authority
A. Zoning Administrator. The Zoning Administrator has the authority to review and decide upon requests for Reasonable Accommodation, including whether the applicant is a disabled person within the meaning of this Chapter, except as noted in Subsection B. The Zoning Administrator may refer the matter to the Planning Commission or Architectural Review Commission, at their discretion. [Source: 18.112.050.A.1]
B. Planning Commission. The Planning Commission has the authority to review and decide upon requests for Reasonable Accommodation, including whether the applicant is a disabled person within the meaning of this Chapter, when referred by the Zoning Administrator or when a Reasonable Accommodation request includes any of the following:
1. Any encroachment into the front setback area [Source: 18.112.050.A.2
2. Results in a building size increase above what is allowed in the applicable zoning district with respect to height, lot coverage, and/or floor area ratio maximums [Source:
18.112.050.A.2]
3. A reduction in required parking. [Source: 18.112.050.A.2]
10.2.i
Packet Pg. 920
Chapter 18.125 Reasonable Accommodation
30 C. Architectural Review Commission. The Architectural Review Commission has the authority to review and decide upon requests for reasonable accommodation, including whether the applicant is a disabled person within the meaning of this Chapter, when referred by the Zoning Administrator. [Source: 18.112.050.A.3]
18.125.030 Requests
A. Request. 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.. Such a request may include a modification or exception to the requirements for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers. A Reasonable Accommodation cannot waive a requirement for a Use Permit when otherwise required or result in approval of uses otherwise prohibited by the City’s General Plan Land Use Element and Zoning Ordinance. [Source: 18.112.030.A]
B. Availability of Information. Information regarding this reasonable accommodation procedure shall be prominently displayed at the Planning Division’s public information counter, advising the public of the availability of the procedure for eligible applicants, and be made available in any other manner as determined by the Zoning Administrator. [Source: 18.112.030.B] C. Assistance. If an applicant needs assistance in making the request, the Planning Division shall provide the assistance necessary to ensure that the process is available to the applicant. [Source: 18.112.030.C]
D. Balancing Rights and Requirements. In the City’s requests for information, consideration of an application, preparation of written findings, and maintenance of records of Reasonable Accommodation requests, it will attempt to balance:
1. The privacy rights and reasonable request for confidentiality by an applicant, with [Source: 18.112.030.D]
2. Requirements for notice and public hearing, factual findings, and rights to appeal established in this Title. [Source: 18.112.030.D]
18.125.040 Application Requirements
A. Application. The applicant shall submit a request for Reasonable Accommodation on a form provided by the Planning Division. The application shall include the following information:
[Source: 18.112.040.A]
1. The applicant’s name, address, and telephone number; [Source: 18.112.040.A.1]
2. Address of the property for which the request is being made; [Source: 18.112.040.A.2]
3. The name and address of the property owner, and the owner’s written consent to the application; [Source: 18.112.040.A.3]
4. The current actual use of the property; [Source: 18.112.040.A.4]
5. The basis for the claim that the individual is considered disabled under the fair housing laws.[Source: 18.112.040.A.5]
10.2.i
Packet Pg. 921
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.125 Revised Preliminary Draft – October 2024
31 6. The type of accommodation being requested and the rule, policy, practice, and/or procedure of the Zoning Ordinance to be modified or waived. [Source: 18.112.040.A.6 and 18.112.040.A.7]
7. A description for why the accommodation is reasonable and necessary for the needs of the individual(s) with the disability to use and enjoy the housing unit. Where appropriate, include a summary of any potential means and alternatives considered in evaluating the need for the accommodation; [Source: 18.112.040.A.8]
8. Copies of memoranda, correspondence, pictures, plans, or background information reasonably necessary to reach a decision regarding the need for the accommodation; and [Source: 18.112.040.A.9]
9. Other supportive information deemed necessary by the Planning Division to facilitate proper consideration of the request, consistent with fair housing laws. [Source:
18.112.040.A.10]
B. Review with Other Land Use Applications. If the project for which the Reasonable Accommodation is being requested also requires some other discretionary approval (e.g., Use Permit, Architectural Review Permit, General Plan Amendment, Zoning Amendment, Subdivision Map), then the applicant shall submit the Reasonable Accommodation application first for a determination by the Zoning Administrator, before proceeding with the other applications. [Source: 18.112.040.B]
C. Fee. The fee for an application for Reasonable Accommodation shall be established by resolution of the City Council. [Source: 18.112.040.C]
18.125.050 Filing, Processing, and Review
A. Notice and Public Hearing. No advance notice or public hearing is required for consideration of Reasonable Accommodation requests by the Zoning Administrator. Requests for Reasonable Accommodation subject to review by the Planning Commission or Architectural Review Commission shall require advance notice and a public hearing in compliance with Chapter 18.195 (Notice Requirements). [Source: 18.112.050.B] B. Decision.
1. The Zoning Administrator shall approve, conditionally approve, deny, or refer the matter to the Planning Commission or Architectural Review Commission within 30 calendar days after the submittal of a complete application. Notice of the decision shall be mailed to the applicant and all residents and property owners within 300 feet of the project site. [Source: 18.112.050.C]
2. If the application for Reasonable Accommodation involves another discretionary decision, the review authority for that decision shall accept as final the determination regarding Reasonable Accommodation by the Zoning Administrator, unless the Reasonable Accommodation request has been referred to the Planning Commission or Architectural Review Commission for consideration. [Source: 18.112.050.C]
3. If the application for Reasonable Accommodation is referred to, or reviewed by, the Planning Commission or Architectural Review Commission, a decision to approve,
10.2.i
Packet Pg. 922
Chapter 18.125 Reasonable Accommodation
32 conditionally approve, or deny the application shall be rendered within 20 working days after the close of the public hearing. [Source: 18.112.050.C]
18.125.060 Findings
A. Findings. The review authority shall approve or conditionally approve an application for Reasonable Accommodation if it can make the following findings: [Source: 18.112.060.A]
1. The housing will be used by a qualified person; [Source: 18.112.060.A.1]
2. The requested accommodation is necessary to make specific housing available to a qualified person; [Source: 18.112.060.A.2]
3. The requested accommodation would not impose an undue financial or administrative burden on the City; and [Source: 18.112.060.A.3]
4. The requested accommodation would not require a fundamental alteration in the nature of a City program or law, including land use and zoning. [Source:
18.112.060.A.4]
B. Other Requirements. [Source: 18.112.060.B]
1. An approved request for Reasonable Accommodation is subject to the applicant’s compliance with all other applicable zoning regulations of this Title. [Source:
18.112.060.B.1]
2. A modification approved under this Chapter is considered a personal accommodation for the individual applicant and does not run with the land. [Source: 18.112.060.B.2
3. Where appropriate, the review authority may apply any or all of the following conditions to approval: [Source: 18.112.060.B.3]
a. Inspection of the property to verify compliance with this Chapter and any conditions of approval. The frequency of inspection shall be specified in the condition of approval. [Source: 18.112.060.B.3.a]
b. Removal of the improvements if or when the need for which the accommodation was granted no longer exists, if removal would not constitute an unreasonable financial burden. [Source: 18.112.060.B.3.b] c. Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists. [Source: 18.112.060.B.3.c] d. Recordation of a deed restriction requiring removal of the accommodating feature once the need for it no longer exists. [Source: 18.112.060.B.3.d] e. Other reasonable accommodations that may provide an equivalent level of benefit and/or that will not result in an encroachment into required setbacks, exceedance of maximum height, lot coverage, or floor area ratio requirements specified for the Zone District. [Source: 18.112.060.B.3.g] f. Other conditions necessary to protect the public health, safety, and welfare of surrounding residents, workers, and visitors. [Source: 18.112.060.B.3.h]
10.2.i
Packet Pg. 923
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.125 Revised Preliminary Draft – October 2024
33 18.125.070 Appeal
A decision by the Zoning Administrator may be appealed to the Planning Commission and/or Architectural Review Commission and a decision of the Planning Commission and/or Architectural Review Commission may be appealed to the City Council in accordance with the appeal procedures in Chapter 18.175 (Appeals and Calls for Review). [Source: 18.112.070]
10.2.i
Packet Pg. 924
Chapter 18.130 Sign Permit
34 Chapter 18.130
Sign Permit
10.2.i
Packet Pg. 925
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.130 Revised Preliminary Draft – October 2024
35 Chapter 18.130 Sign Permit
Sections
18.130.010 Purpose and Applicability
18.130.020 Review Authority
18.130.030 Filing, Processing, and Review
18.130.040 Findings
18.130.050 Conditions of Approval
18.130.060 Lapse of Approval – Changes to Plans
18.130.070 Revocation
18.130.010 Purpose and Applicability
No sign shall be erected or displayed without a Sign Permit, unless the sign is exempt under Section
18.80.040 (Exempt Signs). [Source: 18.105.010]
18.130.020 Review Authority
A. The Zoning Administrator has the authority to approve, conditionally approve, or deny a Sign Permit. The Zoning Administrator may refer a Sign Permit directly to the Architectural Review Commission. [Source: 18.105.020]
B. In addition to Subsection A, the Architectural Review Commission has the authority to approve, conditionally approve, or deny a Sign Permit for a theater or marquee sign under Section
18.80.070 (Specific Sign Standards). [Source: 18.105.020]
18.130.030 Filing, Processing, and Review
A. Application. An applicant for a Sign Permit shall submit the following: [Source: 18.105.030.A]
1. A complete application and all applicable materials and information as provided by the Planning Division. [Source: 18.105.030.A]
2. The Zoning Administrator, at their discretion, may add or waive the submission of application materials or information to determine compliance with the standards of this Chapter. [Source: Source: 18.105.030.A]
B. Notice and Public Hearing.
1. No notice or public hearing is required, unless referred to the Architectural Review Commission or appealed to the Planning Commission and/or City Council, in which case a public hearing shall be held and noticed in compliance with Chapter 18.195 (Notice Requirements). [Source: 18.105.030.A]
10.2.i
Packet Pg. 926
Chapter 18.130 Sign Permit
36 2. Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.XX.XXX (Multiple Discretionary Permits). [Source: NEW]
C. Decision.
1. The Zoning Administrator shall approve, conditionally approve, or deny an application for a Sign Permit within 10 working days of the submittal of a complete application. [Source: 18.105.030.B]
2. If the Zoning Administrator refers an application for a Sign Permit to the Architectural Review Commission, the Architectural Review Commission shall approve, conditionally approve, or deny an application within 20 working days following the close of the public hearing. [Source: 18.105.030.B]
3. The Zoning Administrator shall mail notice of the decision to the applicant within 10 calendar days of the decision. In the case of an appeal, the date of decision is the date of the adoption of a resolution of decision. [Source: 18.105.030.B] D. Effective Date. A Sign Permit approval is effective on the date of approval.
E. Appeal. Any interested person may appeal a decision of the Zoning Administrator to the Architectural Review Commission and a decision of the Architectural Review Commission to the City Council, in accordance with Chapter 18.175 (Appeals and Calls for Review). [Source:
18.105.030.C]
F. Projects with Multiple Discretionary Applications. Notwithstanding Subsections B and C, for projects requiring a discretionary permit approval from the Planning Commission and/or City Council in conjunction with approval of a Sign Permit, the Planning Commission and/or City Council shall be the final decision-maker for the Sign Permit and any action of the Zoning Administrator and/or Architectural Review Commission shall be considered advisory to the Planning Commission and/or City Council. [Source: 18.105.030.D]
18.130.040 Findings
The review authority shall consider the following elements in evaluating a Sign Permit application:
[Source: 18.105.040.A]
A. Visibility and legibility, including: [Source: 18.105.040.A.1]
1. Letter height and legibility [Source: 18.105.040.A.1]
2. Contrast-background relationship [Source: 18.105.040.A.1]
3. Placement and location [Source: 18.105.040.A.1]
4. Impact of other signs in the vicinity [Source: 18.105.040.A.1]
5. Average travel speed on adjacent streets. [Source: 18.105.040.A.1] B. Intensity of illumination of both the proposed sign and other signs in the vicinity, and other light sources such as streetlights or canopy lights. [Source: 18.105.040.A.2] C. The relation to the architectural design of the building. An attractive scale between the sign, the building, and the immediate surroundings shall be maintained. Signs that cover a window,
10.2.i
Packet Pg. 927
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.130 Revised Preliminary Draft – October 2024
37 spills over natural boundaries or architectural features, or obstructs parts of an upper floor of a building are not allowed. [Source: 18.105.040.A.3]
D. The graphic design, including emphasis on simplicity, style, trademarks or business identification, and use of symbols. [Source: 18.105.040.A.4] E. The sign proposal conforms to the citywide sign design guidelines and/or other applicable adopted design guidelines. [Source: 18.105.040.A.5]
18.130.050 Conditions of Approval
In approving a Sign Permit, the review authority may impose reasonable conditions necessary to:
[Source: 18.105.050]
A. Achieve consistency with the purposes of this Chapter, or the zoning district in which the site is located, and the General Plan; [Source: 18.105.050.A] B. Protect the public health, safety, and general welfare; or [Source: 18.105.050.B] C. Ensure the sign is compatible with existing and potential uses on-site and adjoining properties or in the surrounding area. [Source: 18.105.050.C]
18.130.060 Lapse of Approval – Changes to Plans
A. Lapse of Approval. A Sign Permit lapses 12 months after its date of approval, or at an alternative time specified as a condition of approval. [Source: 18.105.060.A] B. Changes to Plans or Conditions of Approval. A request for a change in a condition of approval, or a change in the Sign Permit which affects a condition of approval, requires an application for modification of the condition. [Source: 18.105.060.A]
1. If the Zoning Administrator determines that the modification is minor, the Zoning Administrator may approve the modification administratively. The Zoning Administrator’s decision may be appealed to the Planning Commission. [Source:
18.105.060.A]
2. If the Zoning Administrator determines that the modification is major, then the modification shall be referred to the final decision-making body that approved the original Sign Permit. [Source: 18.105.060.A]
18.130.070 Revocation
A. A Sign Permit may be revoked in compliance with Section 18.135.040 (Revocation or Modification of Discretionary Permits) if found in violation of this Chapter or a condition of approval [Source: 18.105.060.D]
B. Resubmittal of Application. Following denial of a Sign Permit, no new application for the same, or substantially the same, permit or program shall be accepted within 12 months of the date of denial, unless the denial was made without prejudice. [Source: 18.105.070]
10.2.i
Packet Pg. 928
Chapter 18.135 Temporary Sign Permit
38 Chapter 18.135
Temporary Sign Permit
10.2.i
Packet Pg. 929
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.135 Revised Preliminary Draft – October 2024
39 Chapter 18.135 Temporary Sign Permit
Sections
18.135.010 Purpose and Applicability
18.135.020 Review Authority
18.135.030 Filing, Processing, and Review
18.135.040 Findings
18.135.050 Conditions of Approval
18.135.060 Lapse of Approval – Changes to Plans
18.135.070 Revocation
18.135.080 Resubmittal of Application
18.135.010 Purpose and Applicability
A. Purpose. The purpose of this Chapter is to establish filing and processing procedures for temporary signs as required under Section 18.80.030 (Permit Required). [Source: NEW] B. Applicability. A Temporary Sign Permit is required for all temporary signs, unless exempt under Section 18.80.040 (Exempt Signs). [Source: NEW]
18.135.020 Review Authority
The Zoning Administrator has the authority to approve, conditionally approve, or deny a Temporary Sign Permit application, whether a Master Sign Program exists or not. The Zoning Administrator may refer a Temporary Sign Permit directly to the Architectural Review Commission. [Source: 18.105.020]
18.135.030 Filing, Processing, and Review
A. Application. An applicant for a Temporary Sign Permit shall submit the following: [Source:
18.115.030.A]
1. A complete application and all applicable materials and information as provided by the Planning Division. [Source: NEW]
2. The Zoning Administrator, at their discretion, may add or waive the submission of application materials or information to determine compliance with the standards of this Chapter. [Source: NEW]
B. Noticing and Public Hearing. No notice or public hearing is required, unless the decision is appealed to the Architectural Review Commission. [Source: 18.105.030.A] C. Decision. The Zoning Administrator shall approve, conditionally approve, or deny an application within 10 working days of the submittal of a complete application. The Zoning Administrator shall mail notice of the decision to the applicant within 10 calendar days of the decision. In the
10.2.i
Packet Pg. 930
Chapter 18.135 Temporary Sign Permit
40 case of an appeal, the date of decision is the date of the adoption of a resolution of decision. [Source: 18.105.030.B]
D. Effective Date. A Temporary Sign Permit is effective on the date of approval.
E. Appeal. Any interested person may appeal a decision of the Zoning Administrator to the Architectural Review Commission in accordance with Chapter 18.175 (Appeals and Calls for Review). [Source: 18.105.030.C]
F. Projects with Multiple Discretionary Applications. Notwithstanding Subsections B and C, for projects requiring a discretionary permit approval from the Planning Commission and/or City Council in conjunction with approval of a Temporary Sign Permit, the Planning Commission and/or City Council shall be the final decision-maker for the Temporary Sign Permit and any action of the Zoning Administrator shall be considered advisory to the Planning Commission and/or City Council. [Source: 18.105.030.D]
18.135.040 Findings
A. The review authority may approve an application for a Temporary Sign Permit if it finds all of the following to be true: [Source: 18.105.040.C] The proposed temporary sign will be located, operated, and maintained in a manner consistent with the General Plan and this Chapter; [Source: 18.105.040.C.1]
B. Approval of the Temporary Sign Permit will not be detrimental to adjacent properties, property in the surrounding area, or the public health, safety, or general welfare; and [Source:
18.105.040.C.2]
C. The proposed temporary sign conforms to the citywide sign design guidelines and other applicable adopted design guidelines. [Source: 18.105.040.C.3] D. Ensure the temporary sign is incompliance with the sign display duration standards established in Section 18.80.090 (Temporary Freestanding Sign Standards) and Section 18.80.100 (Standards for Other Types of Temporary Signs) in Part 3 of this Title. [Source: NEW]
18.135.050 Conditions of Approval
In approving a Temporary Sign Permit, the review authority may impose reasonable conditions necessary to: [Source: 18.105.050]
A. Achieve consistency with the purposes of this Chapter, or the zoning district in which the site is located, and the General Plan; [Source: 18.105.050.A] B. Protect the public health, safety, and general welfare; or [Source: 18.105.050.B] C. Ensure temporary sign is displayed in a manner compatible with existing and potential uses on-site and on adjoining properties or in the surrounding area. [Source: 18.105.050.C]
18.135.060 Lapse of Approval – Changes to Plans
A. Lapse of Approval. A Temporary Sign Permit is valid for the duration of the period specified in the permit application. A Temporary Sign Permit lapses if not used within the dates approved. [Source: 18.105.060.C]
10.2.i
Packet Pg. 931
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.135 Revised Preliminary Draft – October 2024
41 A. Changes to Plans or Conditions of Approval. A request for a change in a condition of approval, or a change in the Temporary Sign Permit which affects a condition of approval, requires an application for modification of the condition. [Source: 18.105.060.A]
1. If the Zoning Administrator determines that the modification is minor, the Zoning Administrator may approve the modification administratively. The Zoning Administrator’s decision may be appealed to the Architectural Review Commission. [Source: 18.105.060.A]
2. If the Zoning Administrator determines that the modification is major, then the modification shall be referred to the final decision-making body that approved the original Temporary Sign Permit. [Source: 18.105.060.A]
18.135.070 Revocation
A Temporary Sign Permit may be revoked in accordance with Section 18.135.040 (Revocation or Modification of Discretionary Permits) if found in violation of this Chapter or a condition of approval [Source: 18.105.060.D]
18.135.080 Resubmittal of Application
Following denial of a Temporary Sign Permit, no new application for the same, or substantially the same, permit or program shall be accepted within 12 months of the date of denial, unless the denial was made without prejudice. [Source: 18.105.070]
10.2.i
Packet Pg. 932
Chapter 18.140 Master Sign Program
42 Chapter 18.140
Master Sign Program
10.2.i
Packet Pg. 933
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.140 Revised Preliminary Draft – October 2024
43 Chapter 18.140 Master Sign Program
Sections
18.140.010 Purpose and Applicability
18.140.020 Review Authority
18.140.030 Filing, Processing, and Review
18.140.040 Findings
18.140.050 Conditions of Approval
18.140.060 Lapse of Approval – Changes to Plans
18.140.070 Revocation
18.140.080 Resubmittal of Application
18.140.010 Purpose and Applicability
A Master Sign Program is required for a site with four or more nonresidential tenants. [Source:
18.105.010]
18.140.020 Review Authority
The Architectural Review Commission has the authority to: [Source: 18.105.020] A. Approve, conditionally approve, or deny a Master Sign Program and amendments to a Master Sign Program. [Source: 18.105.020]
B. Prepare sign design criteria under Chapter 18.80 (Signs). [Source: 18.105.020]
18.140.030 Filing, Processing, and Review
A. Application. The applicant shall submit a complete application for a Master Sign Program to the Zoning Administrator. [Source: 18.105.030.A]
1. The application for a Master Sign Program shall include all the following: [Source:
18.105.030.A]
2. Plans drawn to scale, delineating the site proposed to be included within the Master Sign Program and the general location of all signs; [Source: 18.105.030.A.1]
3. Drawings and/or sketches indicating the exterior surface details of all buildings on the site on which wall signs, directory signs, ground signs, or projecting signs are proposed; [Source: 18.105.030.A.2]
a. A statement of the reasons for any requested modification to the regulations or standards of Chapter 18.80 (Signs); and [Source: 18.105.030.A.3]
10.2.i
Packet Pg. 934
Chapter 18.140 Master Sign Program
44 b. A written program specifying sign standards, including color, size, construction details, placement, and necessity for City review, for distribution to future tenants. [Source: 18.105.030.A.4]
4. Noticing and Public Hearing.
a. The Architectural Review Commission shall hold a public hearing on an application for a Master Sign Program and notice such meeting in compliance with Chapter 18.195 (Notice Requirements). A public hearing may be continued to a definite date and time without additional public notice. [Source:
18.90.030.B]
b. The public hearing shall be scheduled within 20 calendar days of the application being deemed complete and held within 60 calendar days of the application being deemed complete. [Source: 18.90.030.B] B. Decision. The Architectural Review Commission shall approve, conditionally approve, or deny an application within 20 working days of the close of the public hearing. The Zoning Administrator shall mail notice of the decision to the applicant within 10 calendar days of the decision. In the case of an appeal, the date of decision is the date of the adoption of a resolution of decision. [Source: 18.105.030.B]
C. Effective Date. A Master Sign Program approval is effective on the date of approval.
D. Appeal. Any interested person may appeal a decision of the Architectural Review Commission to the City Council, in accordance with Chapter 18.175 (Appeals and Calls for Review). [Source: 18.105.030.C]
E. Projects with Multiple Discretionary Applications. Notwithstanding Subsections B and C, for projects requiring a discretionary permit approval from the Planning Commission and/or City Council in conjunction with approval of a Sign Permit and/or Master Sign Program, the Planning Commission and/or City Council shall be the final decision-maker for the Sign Permit and/or Master Sign Program and any action of the Zoning Administrator and/or Architectural Review Commission shall be considered advisory to the Planning Commission and/or City Council. [Source: 18.105.030.D]
18.140.040 Findings
The review authority may approve an application for a Master Sign Program if it finds all of the following to be true: [Source: 18.105.040.B]
A. The Master Sign Program’s contribution to the design quality of the site and surrounding area will be superior to the quality that would result under the regulations and standards of Section
18.60.050 (Specific Sign Standards); [Source: 18.105.040.B.1] B. The proposed signs are compatible with the style or character of existing improvements on the site and are well-related to each other; and [Source: 18.105.040.B.2] C. Future tenants will not be denied adequate opportunities for identification if transfers of sign area from one building frontage to another are proposed by the Master Sign Program. [Source:
18.105.040.B.3]
10.2.i
Packet Pg. 935
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.140 Revised Preliminary Draft – October 2024
45 D. The Master Sign Program conforms to the citywide sign design guidelines and other applicable adopted design guidelines. [Source: 18.105.040.B.4]
18.140.050 Conditions of Approval
In approving a Master Sign Program, the review authority may impose reasonable conditions necessary to: [Source: 18.105.050]
A. Achieve consistency with the purposes of this Chapter, or the zoning district in which the site is located, and the General Plan; [Source: 18.105.050.A] B. Protect the public health, safety, and general welfare; or [Source: 18.105.050.B] C. Ensure the implementation of a master sign program is compatible with existing and potential uses on adjoining properties or in the surrounding area. [Source: 18.105.050.C]
18.140.060 Lapse of Approval – Changes to Plans
A. Lapse of Approval. The approval of a Master Sign Program does not lapse and remains in effect to regulate future signs on the lots included in the Master Sign Program. [Source:
18.105.060.B]
B. Changes to Master Sign Program. Changes to Plans or Conditions of Approval. A request for a change in a condition of approval, or a change in the Temporary Sign Permit which affects a condition of approval, requires an application for modification of the condition. [Source:
18.105.060.A]
1. If the Zoning Administrator determines that the modification is minor, the Zoning Administrator may approve the modification administratively. The Zoning Administrator’s decision may be appealed to the Architectural Review Commission. [Source: 18.105.060.A]
2. If the Zoning Administrator determines that the modification is major, then the modification shall be referred to the final decision-making body that approved the original Temporary Sign Permit. [Source: 18.105.060.A]
C. Deviation for Single Tenant. A request for a deviation for a single tenant from the site Master Sign Program shall be processed in the same manner as a Sign Permit, with review by the Architectural Review Commission in compliance with Chapter 18.130 (Sign Permits). [Source:
NEW]
18.140.070 Revocation
A Master Sign Program may be revoked in accordance with Section 18.135.040 (Revocation or Modification of Discretionary Permits) if found in violation of this Chapter or a condition of approval [Source: 18.105.060.D]
18.140.080 Resubmittal of Application
Following denial of a Master Sign Program, no new application for the same, or substantially the same, permit or program shall be accepted within 12 months of the date of denial, unless the denial was made without prejudice. [Source: 18.105.070]
10.2.i
Packet Pg. 936
Chapter 18.135 Use Permit
46 Chapter 18.135
Use Permit
10.2.i
Packet Pg. 937
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.135 Revised Preliminary Draft – October 2024
47 Chapter 18.145 Use Permit
Sections
18.145.010 Purpose and Applicability
18.145.020 Review Authority
18.145.030 Filing, Processing, and Review
18.145.040 Findings
18.145.050 Conditions of Approval
18.145.060 Lapse of Approval – Changes to Plans
18.145.070 Revocation
18.145.080 Resubmittal of Application
18.145.010 Purpose and Applicability
A. Purpose. Use Permits provide a process for reviewing uses and activities that may be desirable in the applicable zoning district, but the effect on the site and surroundings require additional consideration before being allowed. [Source: NEW]
B. Applicability.
1. Use Permit. A Use Permit is required for certain uses to be located within a zoning district. Generally, a Use Permit is required because the use classification has unusual site development features or operating characteristics which require special consideration to be compatible with the surrounding area. [Source: 18.95.010]
2. Minor Use Permit. A Minor Use Permit is required where a Use Permit is needed for existing structures or a portion of a structure in any zoning district, certain wireless telecommunication facilities, or as otherwise specified in this Title or as determined by the Zoning Administrator. [Source: 18.95.020]
3. Temporary Use Permit. An application for a Temporary Use Permit is governed by Chapter 18.150 (Use Permit, Temporary). [Source: 18.95.010]
18.145.020 Review Authority
A. Use Permit. The Planning Commission has the authority to approve, conditionally approve, or deny Use Permits applications. [Source: 18.95.020]
B. Minor Use Permit. The Zoning Administrator has the authority to approve, conditionally approve, or deny an application for a Minor Use Permit application. The Zoning Administrator, in their discretion, may refer a Minor Use Permit application directly to the Planning Commission for review, in which case the application shall comply with the processing procedures for a Use Permit as established in this Chapter. [Source: 18.95.020]
10.2.i
Packet Pg. 938
Chapter 18.135 Use Permit
48 18.145.030 Filing, Processing, and Review
A. Application. An applicant for a Use Permit or Minor Use Permit shall submit the following:
[Source: 18.95.030.A]
1. A complete application for a Use Permit and all applicable materials and information as provided by the Planning Division. [Source: 18.95.030.A]
2. The Zoning Administrator, at their discretion, may add or waive the submission of application materials or information to determine compliance with the standards of this Chapter. [Source: 18.95.030.A]
B. Notice and Public Hearing.
1. Use Permit. The Planning Commission, or the Zoning Administrator for a Minor Use Permit, shall hold a public hearing on an application for a Use Permit. The public hearing shall be scheduled within 20 calendar days and held within 60 calendar days of the application being deemed complete. When applications for multiple entitlements requiring Planning Commission review on a single lot are filed at the same time, a combined public hearing may be scheduled for all entitlement applications submitted.
Notice of the public hearing shall be given in accordance with Chapter 18.195 (Notice Requirements). A public hearing may be continued to a definite date and time without additional public notice. [Source: 18.95.030.B]
2. Minor Use Permit. The Zoning Administrator shall hold a public hearing on an application for a Minor Use Permit, unless exempted in this Title. The public hearing shall be scheduled within 20 calendar days and held within 60 calendar days of the application being deemed complete. Notice of the public hearing shall be given in accordance with Chapter 18.195 (Notice Requirements). [Source: NEW]
3. Multiple Discretionary Permits. Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.XX.XXX (Multiple Discretionary Permits). [Source: NEW] C. Decision.
1. Use Permit. The Planning Commission shall approve, conditionally approve, or deny an application for a Use Permit application within 20 working days after the close of the public hearing. [Source: 18.95.030.C]
2. Minor Use Permit. The Zoning Administrator shall approve, conditionally approve, or deny an application for a Minor Use Permit within 20 working days after the close of the public hearing. [Source: 18.95.030.C]
3. Notice of Decision. The Zoning Administrator shall mail notice of the decision to the applicant and any other party requesting notice within 10 calendar days of the decision.
In the case of an appeal to the Planning Commission or City Council, the date of the decision is the date the Planning Commission or City Council adopts the resolution. [Source: 18.95.030.C]
10.2.i
Packet Pg. 939
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.135 Revised Preliminary Draft – October 2024
49 D. Effective Date. A decision under this Chapter takes effect 10 calendar days after notice of the decision is mailed unless it is appealed to the Planning Commission or City Council in compliance with Subsection 18.145.030.E (Appeal). [Source: 18.95.030.D] E. Appeal. A decision of the Zoning Administrator may be appealed to the Planning Commission, and a decision of the Planning Commission may be appealed to the City Council, in compliance with Chapter 18.165 (Appeals and Call for Review). [Source: 18.95.030.E]
18.145.040 Findings
The review authority may approve an application for a Use Permit or Minor Use Permit, if it finds all of the following to be true: [Source: 18.95.040]
A. The proposed use will not be detrimental to the health, safety, and general welfare of persons residing or working in the neighborhood of the proposed use; [Source: 18.95.040.A] B. The proposed use will not be injurious or detrimental to adjacent properties or to property in the neighborhood or to the general welfare of the city; and [Source: 18.95.040.B] C. The proposed use is consistent with the policies and goals established by the General Plan. [Source: 18.95.040.C]
D. If the Use Permit is for a residential use in a residential zoning district in compliance with PHMC § 18.20.075, the following additional findings are required: [Source: 18.95.040.D]
1. The proposed use is consistent with the purposes of the residential zoning districts, as specified in Section 18.15.010 (Purpose and Intent of Residential Zoning districts). [Source: 18.95.040.D.1]
2. The proposed use complies with the development and operational standards of PHMC § 18.20.075. [Source: 18.95.040.D.2]
3. The property and existing structures are physically suited to accommodate the use. [Source: 18.95.040.D.3]
4. The proposed use will be compatible with the character of the surrounding neighborhood and the use will not contribute to changing the residential character of the neighborhood. In evaluating this factor, the review authority shall, at a minimum, consider factors such as: [Source: 18.95.040.D.4]
a. The relative size of the facility; [Source: 18.95.040.D.4] b. The proximity of the use to schools, parks, and other residential care facilities; [Source: 18.95.040.D.4]
c. Proximity to outlets for alcoholic beverages; and [Source: 18.95.040.D.4] d. The existence of substandard physical characteristics in the area (i.e., lot widths, setbacks, street width, limited available parking, short blocks). [Source:
18.95.040.D.4]
10.2.i
Packet Pg. 940
Chapter 18.135 Use Permit
50 18.145.050 Conditions of Approval
In approving a Use Permit or Minor Use Permit, the review authority may impose reasonable conditions necessary to: [Source: 18.95.050]
A. Achieve the general purposes of this Chapter or the specific purposes of the zone district in which the site is located, or to make it consistent with the General Plan; [Source: 18.95.050.A] B. Protect the public health, safety, and general welfare; or [Source: 18.95.050.B] C. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area. [Source: 18.95.050.C]
18.145.060 Lapse of Approval – Changes to Plans
A. Lapse of Approval.
1. A Use Permit or Minor Use Permit lapses 12 months after its date of approval, or at an alternative time specified as a condition of approval, unless one of the following has occurred: [Source: 18.95.060.A]
a. A Construction Permit (e.g., Demolition, Building, Grading, Site) has been issued, construction activities has commenced, and applicable preconstruction tasks have started; or [Source: 18.95.060.A.1]
b. A Certificate of Occupancy has been issued; or [Source: 18.95.060.A.2] c. The use is established; or [Source: 18.95.060.A.3]
d. The Use Permit or Minor Use Permit is renewed by the review authority which originally approved it. No new notice or public hearing is required for a renewal if the findings required for approval remain valid. [Source: 18.95.060.A.4]
2. A Use Permit, or Minor Use Permit, automatically lapses if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more. A lapsed Use Permit or Minor Use Permit for a residential use is not a binding precedent for future applications. [Source: 18.95.060.A] B. Changes to Plans or Conditions of Approval. A request for a change in a condition of approval, or a change in the Use Permit or Minor Use Permit which affects a condition of approval, requires a new application for modification of the condition. [Source: 18.95.060.B]
1. If the Zoning Administrator determines that the modification is minor, the Zoning Administrator may approve the modification administratively. The Zoning Administrator’s decision may be appealed to the Planning Commission. [Source:
18.95.060.B]
2. If the Zoning Administrator determines that the modification is major, then the modification shall be referred to the final decision-making body that approved the original Use Permit or Minor Use Permit. [Source: 18.95.060.B]
10.2.i
Packet Pg. 941
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.135 Revised Preliminary Draft – October 2024
51 18.145.070 Revocation
A Use Permit or Minor Use Permit exercised in violation of this Chapter or a condition of approval may be revoked in accordance with Section 18.175.040 (Revocation or Modification of Discretionary Permits). [Source: 18.95.060.C]
18.145.080 Resubmittal of Application
Following denial of a Use Permit or Minor Use Permit application, no new application for the same, or substantially the same, Use Permit or Minor Use Permit shall be accepted within 12 months of the date of denial, unless the denial was made without prejudice. [Source: 18.95.070]
10.2.i
Packet Pg. 942
Chapter 18.150 Use Permit, Temporary
52 Chapter 18.150
Use Permit, Temporary
10.2.i
Packet Pg. 943
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.150 Revised Preliminary Draft – October 2024
53 Chapter 18.150 Use Permit, Temporary
Sections
18.150.010 Purpose and Applicability
18.150.020 Review Authority
18.150.030 Filing, Processing, and Review
18.150.040 Findings
18.150.050 Conditions of Approval
18.150.060 Lapse of Approval
18.150.010 Purpose and Applicability
A. Purpose. This Chapter establishes procedures for allowing ministerial approval of Temporary Use Permits for short-term activities or uses. [Source: NEW] B. Applicability. A Temporary Use Permit is required to authorize certain temporary use classifications, as defined in Section 18.190.080 (Temporary Land Use Classifications). A Temporary Use Permit may not be issued more than:
1. Six times during any calendar year and for up to 14 days for each occurrence. [Source:
18.100.010]
2. Each site shall not have temporary use permits that exceed more than 84 total days during any calendar year.
C. A Temporary Use Permit is not required for a special event held on both private and public property if the sponsor or property owner obtains a Special Event Permit under Chapter 6.20 (Special Event Permit) in Title 6 of the Pleasant Hill Municipal Code. [Source: 18.100.010]
18.150.020 Review Authority
The Zoning Administrator has the authority to approve, conditionally approve, or deny a Temporary Use Permit application. The Zoning Administrator may, in their discretion, refer a Temporary Use Permit application directly to the Planning Commission. [Source: 18.100.020]
18.150.030 Filing, Processing, and Review
A. Application. The applicant shall submit an complete application for a Temporary Use Permit to the Zoning Administrator. The Zoning Administrator may request additional plans and materials within five working days of receiving a complete application if deemed necessary to assess the potential impacts of the proposed temporary use. [Source: 18.100.030.A] B. Notice and Public Hearing. No notice or public hearing is required for a Temporary Use Permit unless referred or appealed to the Planning Commission. [Source: 18.100.030.A]
10.2.i
Packet Pg. 944
Chapter 18.150 Use Permit, Temporary
54 C. Decision. The Zoning Administrator shall approve, conditionally approve, or deny an application within five working days after receiving a complete application and shall promptly notify the applicant. [Source: 18.100.030.B]
D. Effective Date. A Temporary Use Permit is effective on the date of approval. [Source:
18.100.030.C]
E. Appeal. Any interested person may appeal a denial of a Temporary Use Permit application to the Planning Commission, in compliance with Chapter 18.165 (Appeals and Call for Review). [Source: 18.100.030.C]
18.150.040 Findings
The Zoning Administrator shall approve an application for a Temporary Use Permit if they find all the following to be true : [Source: 18.100.040]
A. The proposed temporary use will be located, operated, and maintained in a manner consistent with the General Plan and this Chapter; and [Source: 18.100.040.A] B. Approval of the application will not be detrimental to adjacent properties or to property in the surrounding area or to the public health, safety, or general welfare. [Source: 18.100.040.B]
18.150.050 Conditions of Approval
In approving a Temporary Use Permit, the Zoning Administrator may impose reasonable conditions necessary to: [Source: 18.100.050]
A. Ensure consistency with the general purposes of this Chapter, the specific purposes of the zoning district in which the site is located, and the General Plan; [Source: 18.100.050.A] B. Protect the public health, safety, and general welfare. This may include, but is not limited to, conditions regarding traffic, parking, noise, waste, and litter; and [Source: 18.100.050.B] C. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area. ( [Source: 18.100.050.C]
18.150.060 Lapse of Approval
A. A Temporary Use Permit lapses if not used within the timeframe in which the permit was approved. [Source: 18.100.030.]
B. Revocation. The Zoning Administrator may revoke a Temporary Use Permit for a violation of the terms of the permit. The revocation is effective immediately upon verbal or written notice to the permit holder. The Zoning Administrator shall confirm any verbal notice in writing within two working days. [Source: 18.100.030.C]
10.2.i
Packet Pg. 945
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.155 Revised Preliminary Draft – October 2024
55 Chapter 18.155
Variance
10.2.i
Packet Pg. 946
Chapter 18.155 Variance
56 Chapter 18.155 Variance
Sections
18.155.010 Purpose and Applicability
18.155.020 Review Authority
18.155.030 Filing, Processing, and Review
18.155.040 Findings
18.155.050 Conditions of Approval
18.155.060 Lape of Approval – Changes to Plans
18.155.070 Resubmittal of Application
18.155.010 Purpose and Applicability
A. Purpose. The purpose of this Chapter is to allow variances from the zoning requirements established in this Title in compliance with California Government Code Sections 65900 through 65909. Variances may be approved when special circumstances are applicable to the property (e.g., location, shape, size, surroundings, topography) and/or the strict application of this Zoning Ordinance denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zones. [Source: NEW] B. Applicability.
1. Variance. A Variance is required when a property owner seeks relief from zoning requirements because of special physical conditions applicable to the property. [Source: 18.110.010]
2. Minor Variance. A Minor Variance is a variance in connection with property in a singlefamily zoning district. [Source: 18.110.010]
3. A Variance may not be granted regarding use classifications or density. [Source:
18.110.010]
4. A request for a Reasonable Accommodation in the application of zoning regulations for a disabled person is not considered a Variance or Minor Variance. See Chapter
18.125 (Reasonable Accommodation) for permitting requirements for Reasonable Accommodation requests. [Source: 18.110.010]
18.155.020 Review Authority
A. Variance. The Planning Commission has the authority to approve, conditionally approve, or deny Variances.
B. Minor Variance. The Zoning Administrator has the authority to approve, conditionally approve, or deny a Minor Variance. The Zoning Administrator may, in their discretion, refer a Minor Variance application directly to the Planning Commission for review. [Source: 18.110.020]
10.2.i
Packet Pg. 947
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.155 Revised Preliminary Draft – October 2024
57 18.155.030 Filing, Processing, and Review
A. Application. The applicant shall submit a complete application for a Variance or Minor Variance to the Zoning Administrator in the format approved by the Planning Division. [Source:
18.110.030.A]
B. Notice and Public Hearing.
1. Variance. The Planning Commission shall hold a public hearing on an application for a Variance. The public hearing shall be scheduled within 20 calendar days and held within 60 calendar days of the application being deemed complete. When applications for multiple Development Plans, Use Permits or Variances on a single lot are filed at the same time, the Zoning Administrator shall schedule a combined public hearing.
When applications for multiple entitlements requiring Planning Commission review on a single lot are filed at the same time, a combined public hearing may be scheduled for all entitlement applications submitted. [Source: 18.110.030.B]
2. Minor Variance. The Zoning Administrator shall hold a public hearing on an application for a Minor Variance. The public hearing shall be scheduled within 20 calendar days and held within 60 calendar days of the application being deemed complete. Notice of the public hearing shall be given in accordance with Chapter 18.195 (Notice Requirements). [Source: NEW]
3. Notice of public hearings shall be given in compliance with Chapter 18.195 (Notice Requirements). A public hearing may be continued to a definite date and time without additional public notice. [Source: 18.110.030.B]
4. Multiple Discretionary Permits. Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.XX.XXX (Multiple Discretionary Permits). [Source: NEW] C. Decision.
1. Variance. The Planning Commission shall approve, conditionally approve, or deny an application for a Variance within 20 working days after the close of the public hearing. [Source: 18.110.030.C]
2. Minor Variance. The Zoning Administrator shall approve, conditionally approve, or deny an application for a Minor Variance within 20 working days after the close of the public hearing. [Source: NEW]
3. The Zoning Administrator shall mail notice of the decision to the applicant and any other party requesting notice within 10 calendar days of the decision. In the case of an appeal to the Planning Commission or City Council, the date of the decision is the date the Planning Commission or City Council adopts the resolution. [Source:
18.110.030.C]
D. Effective Date. A decision under this Chapter takes effect 10 calendar days after notice of the decision is mailed unless it is appealed to the Planning Commission or City Council in accordance with Subsection 18.155.030.E (Appeal). [Source: 18.110.030.D]
10.2.i
Packet Pg. 948
Chapter 18.155 Variance
58 E. Appeal. A decision of the Zoning Administrator may be appealed to the Planning Commission, and a decision of the Planning Commission may be appealed to the City Council in compliance with Chapter 18.165 (Appeals and Call for Review). [Source: 18.110.030.E,]
18.155.040 Findings
In compliance with California Government Code 65900 through 65909, the review authority may approve an application for a Variance or Minor Variance if it finds all of the following to be true: [Source:
18.110.040]
A. The requested Variance or Minor Variance is based on the existence of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, such that the strict application of the zoning regulations of this Title deprives the property of privileges enjoyed by other properties in the vicinity under the same zoning district; [Source:
18.110.040.A]
B. The requested Variance or Minor Variance does not constitute a grant of special privileges inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is located; and [Source: 18.110.040.B]
C. The Variance substantially meets the intent and purpose of the zoning district in which the property is located. [Source: 18.110.040.C]
18.155.050 Conditions of Approval
In approving a Variance or Minor Variance, the review authority may impose reasonable conditions necessary to: [Source: 18.110.050]
A. Achieve the general purposes of this Chapter or the specific purposes of the zoning district in which the site is located, or to make it consistent with the General Plan; [Source: 18.110.050.A] B. Protect the public health, safety, and general welfare; or [Source: 18.110.050.B] C. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area. [Source: 18.110.050.C]
18.155.060 Lape of Approval – Changes to Plans
A. Lapse of Approval. A Variance or Minor Variance lapses 12 months after its date of approval, or at an alternative time specified as a condition of approval, unless one of the following has occurred: [Source: 18.110.060.A]
1. A Construction Permit (e.g., Demolition, Building, Grading, Site) has been issued, construction activities have commenced, and applicable preconstruction tasks have started; or [Source: 18.110.060.A.1]
2. A certificate of occupancy has been issued; or [Source: 18.110.060.A.2]
3. The Variance or Minor Variance is renewed by the review authority which originally approved it. No new notice or public hearing is required for a renewal if the findings required for approval remain valid. [Source: 18.110.060.A.3]
10.2.i
Packet Pg. 949
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.155 Revised Preliminary Draft – October 2024
59 B. Changes to Plans or Conditions of Approval. A request for a change in a condition of approval, or a change in the Variance or Minor Variance which affects a condition of approval, requires a new application for modification of the condition.
1. If the Zoning Administrator determines that the modification is minor, the Zoning Administrator may approve the modification administratively. The Zoning Administrator’s decision may be appealed to the Planning Commission.
2. If the Zoning Administrator determines that the modification is major, then the modification shall be referred to the final decision-making body that approved the original Variance or Minor Variance. [Source: 18.90.060.B]
18.155.070 Resubmittal of Application
Following denial of a Variance or Minor Variance, no new application for the same, or substantially the same, Variance or Minor Variance shall be accepted within 12 months of the date of denial, unless the denial was made without prejudice. [Source: 18.110.070]
10.2.i
Packet Pg. 950
Chapter 18.160 Zoning Permit
60 Chapter 18.160
Zoning Permit
10.2.i
Packet Pg. 951
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.160 Revised Preliminary Draft – October 2024
61 Chapter 18.160 Zoning Permit
Sections
18.160.010 Purpose and Applicability
18.160.020 Review Authority
18.160.030 Filing, Processing, and Review
18.160.040 Findings
18.160.050 Lapse of Approval – Changes to Plans
18.160.060 Revocation
18.160.070 Resubmittal of Application
18.160.010 Purpose and Applicability
A. Purpose. To ensure that each new, changed, or expanded use of a structure complies with this Chapter. [Source: 18.85.010]
B. Applicability. A Zoning Permit is required before any of the following can occur:
1. The issuance of a Building Permit or Grading Permit;
2. A new or change in use of a property, including the establishment of a new business;
3. Modifying, replacing, or constructing an accessory structure;
4. Replacing or constructing a fence or wall within a residential front or street side setback; or
5. A Section 6409(a) modification as specified by Chapter 18.100 (Wireless Communications).
18.160.020 Review Authority
The Zoning Administrator has the authority to approve, conditionally approve, or deny an application for a Zoning Permit. [Source: NEW]
18.160.030 Filing, Processing, and Review
A. Application. The applicant shall submit a complete application for a Zoning Permit to the Zoning Administrator in the form approved by the Planning Division. [Source: 18.85.030.A] B. Notice and Public Hearing.
1. No notice or public hearing is required for a Zoning Permit, unless appealed to the Planning Commission in compliance with Subsection E. [Source: NEW]
2. Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.XX.XXX (Multiple Discretionary Permits). [Source: NEW]
10.2.i
Packet Pg. 952
Chapter 18.160 Zoning Permit
62 C. Decision. The Zoning Administrator shall approve or deny the application within five working days of the submission of a complete application. [Source: 18.85.030.B] D. Effective Date. A Zoning Permit is effective upon issuance. [Source: 18.85.030.C, modified] E. Appeal. Any interested person may appeal the Zoning Administrator’s decision in compliance with Chapter 18.175 (Appeals and Calls for Review). [Source: 18.85.030.D]
18.160.040 Findings
The Zoning Administrator shall issue a Zoning Permit if they find the following to be true: [Source:
18.85.020]
A. The proposed structure, use, or fence complies with this Chapter; and B. No further environmental review is required under the California Environmental Quality Act (CEQA). [Source: 18.85.020]
18.160.050 Lapse of Approval – Changes to Plans
A. Lapse of Approval. A Zoning Permit lapses 12 months after its date of approval, or at an alternative time specified as a condition of approval, unless one of the following has occurred:
[Source: 18.85.040.A]
1. A Construction Permit (e.g., Demolition, Building, Grading, Site) has been issued, construction activities have commenced, and applicable preconstruction tasks have started; or [Source: 18.85.040.A.1]
2. A Certificate of Occupancy has been issued; or [Source: 18.85.040.A.2]
3. The use is established; or [Source: 18.85.040.A.3]
4. The Zoning Permit is renewed by the review authority which originally approved it. No new notice or public hearing is required for a renewal if the findings required for approval remain valid. [Source: 18.85.040.A.4]
5. A Zoning Permit automatically lapses if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more. [Source:
18.85.040.A]
B. Changes to Plans, Use or Condition of Approval. If the plans, project description or condition of approval are changed in a manner that affects compliance with this Chapter or there is a request for a change in the Zoning Permit or a condition of approval, a new application for modification of the condition is required. [Source: 18.85.040.B]
18.160.060 Revocation
A Zoning Permit exercised in violation of this Chapter or a condition of approval may be revoked, as provided in Section 18.185.040 (Revocation or Modification of Discretionary Permits). [Source:
18.85.040.C]
10.2.i
Packet Pg. 953
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.160 Revised Preliminary Draft – October 2024
63 18.160.070 Resubmittal of Application
If an application for a Zoning Permit is denied, no new application for the same, or substantially the same, Zoning Permit shall be filed within 12 months of the date of denial of the initial application, unless the denial is made without prejudice. [Source: 18.85.030.B]
10.2.i
Packet Pg. 954
1 18 – Zoning Code
Part 5 – Zoning Ordinance
Administration
REVISED PRELIMINARY DRAFT
OCTOBER 2024
Table of Contents
CHAPTER 18.165 GENERAL PROVISIONS ................................................................................... 4
18.165.010 General........................................................................................................................... 4
18.165.020 Review and Approval Authority ...................................................................................... 4
18.165.030 Projects with Multiple Discretionary Permit Applications ............................................... 5
18.165.040 Completeness of Application.......................................................................................... 5
18.165.050 Environmental Review ................................................................................................... 6
18.165.060 Fees and Deposits ......................................................................................................... 9
18.165.070 City Indemnification........................................................................................................ 9 CHAPTER 18.170 AMENDMENTS – GENERAL PLAN, ZONING ORDINANCE, AND ZONING MAP 11
18.170.010 Purpose and Applicability............................................................................................. 11
18.170.020 Application and Initiation of Amendments .................................................................... 11
18.170.030 Report – Notice and Public Hearing............................................................................. 12
18.170.040 Action ........................................................................................................................... 12
18.170.050 Findings........................................................................................................................ 15
18.170.060 Resubmittal of Application............................................................................................ 15 CHAPTER 18.175 APPEALS AND CALLS FOR REVIEW........................................................ 1817
18.175.010 Purpose .................................................................................................................... 1817
18.175.020 Right to Appeal, Call for Review, Time Limits.......................................................... 1817
18.175.030 Initiation .................................................................................................................... 1818
18.175.040 Procedures ............................................................................................................... 1918
18.175.050 Effective Date........................................................................................................... 1918
10.2.j
Packet Pg. 955
Chapter 18.165 General Provisions
2 CHAPTER 18.180 DEVELOPMENT AGREEMENT................................................................... 2121
18.180.010 Purpose .................................................................................................................... 2121
18.180.020 Interpretation of Development Agreement Provisions ............................................. 2121
18.180.030 Eligibility Requirements............................................................................................ 2222
18.180.040 Agreement Contents ................................................................................................ 2222
18.180.050 Filing, Processing, and Review ................................................................................ 2323
18.180.060 Action ....................................................................................................................... 2525
18.180.070 Findings.................................................................................................................... 2626
18.180.080 Annual Review ......................................................................................................... 2727
18.180.090 Amendment or Cancellation..................................................................................... 2828
18.180.100 Administration........................................................................................................... 2828 CHAPTER 18.185 ENFORCEMENT........................................................................................... 3030
18.185.010 Purpose and Intent................................................................................................... 3030
18.185.020 Public Nuisance........................................................................................................ 3030
18.185.030 Permits, Licenses, Certificates, and Approvals........................................................ 3030
18.185.040 Enforcement Responsibilities................................................................................... 3030
18.185.050 Revocation or Modification of Discretionary Permits ............................................... 3030
18.185.060 Public Hearing and Other Violations ........................................................................ 3131
18.185.070 Penalties................................................................................................................... 3232
18.185.080 Notice of Violation .................................................................................................... 3232 CHAPTER 18.190 NONCONFORMING PROVISIONS.............................................................. 3535
18.190.010 Purpose and Applicability......................................................................................... 3535
18.190.020 Determination and Proof of Nonconforming Status ................................................. 3535
18.190.030 Nonconforming Lots ................................................................................................. 3535
18.190.040 Nonconforming Structures ....................................................................................... 3636
18.190.050 Nonconforming Uses................................................................................................ 3737
18.190.060 Nonconforming Signs............................................................................................... 3838 CHAPTER 18.195 NOTICING REQUIREMENTS....................................................................... 4141
18.195.010 General Notice Requirements.................................................................................. 4141
18.195.020 Contents of Notice.................................................................................................... 4141
18.195.030 Summary of Notice Requirements ........................................................................... 4242
10.2.j
Packet Pg. 956
Part 5 – Zoning Ordinance Administration Chapter 18.165 Revised Preliminary Draft – October 2024
3 Chapter 18.165
General Provisions
10.2.j
Packet Pg. 957
Chapter 18.165 General Provisions
4 Chapter 18.165 General Provisions
Sections
18.165.010 General
18.165.020 Review and Approval Authority
18.165.030 Projects with Multiple Discretionary Permit Applications
18.165.040 Completeness of Application
18.165.050 Environmental Review
18.165.060 Fees and Deposits
18.165.070 City Indemnification
18.165.010 General
This Part 5, (Zoning Ordinance Administration), sets forthestablishes the general administrative authority and procedures for decision making of this Zzoning Oordinance. It includes general administrative provisions and notice and hearing requirements; procedures for obtaining a Zzoning Ppermit; requirements for various discretionary approvals: Ddevelopment Pplans, Uuse Ppermits, Ttemporary Uuse Ppermits, Vvariances, Development Aagreements and Zzoning Oordinance Aamendments; and provisions for appeals and enforcement. [Source: 18.75.010]
18.165.020 Review and Approval Authority
A. Zoning Aadministrator. The Zzoning Aadministrator has the authority to approve: Zzoning Ppermits; Mminor Uuse Ppermits; Mminor Vvariances; Mminor Ssubdivisions (under the Ssubdivision Oordinance – Title 17); Ttemporary Uuse Ppermits, Section 6409(a) permits, and Ssign Ppermits; Hhome Ooccupation Ppermits; and certain Aarchitectural Rreview Ppermits.
With the exception of Section 6409(a) permits, the Zzoning Aadministrator may, in his or her discretion, refer any of these applications directly to the Pplanning Ccommission. The Zzoning Aadministrator makes recommendations regarding Zzoning Oordinance amendments, development agreements, and any other discretionary approval to be considered by another approval body. [Source: 18.75.020.A]
B. Architectural Rreview Ccommission. The Aarchitectural Rreview Ccommission has the authority to approve Aarchitectural Rreview Ppermits, except for certain limited permits which may be approved by the Zzoning Aadministrator. [Source: 18.75.020.B] C. Planning Ccommission. The Pplanning Ccommission has the authority to approve applications for Ddevelopment Pplans, Uuse Ppermits and Vvariances (except for Mminor Uuse Ppermits and Mminor Vvariances which are considered by the Zzoning Aadministrator) and to make recommendations to the Ccity Ccouncil regarding Zzoning ordinanceOrdinance Aamendments and Development Agreements. The Pplanning Ccommission also hears appeals from decisions of the Zzoning Aadministrator. The Pplanning Ccommission has the authority to
10.2.j
Packet Pg. 958
Part 5 – Zoning Ordinance Administration Chapter 18.165 Revised Preliminary Draft – October 2024
5 approve Mmajor Ssubdivisions (under the Ssubdivision Oordinance – Title 17). [Source:
18.75.020.C]
C. City Ccouncil. The Ccity Ccouncil has the authority to approve Ddevelopment Aagreements and Zzoning Oordinance Aamendments. The Ccity Ccouncil hears appeals from the Pplanning Ccommission and the Aarchitectural Rreview Ccommission. [Source: 18.75.020.D] D. Additional Permits May Be Required. A land use or development project must comply with all applicable permit requirements or exemptions under this Zoning Ordinance, the Municipal Code, and any relevant permits from other agencies. All necessary permits shall be secured before initiating any work, establishing a new use, or as otherwise specified by law. [Source:
NEW]
E. Appeals. All actions taken in this Ssection, except for those actions taken by City Councilsubsection D, are subject to PHMC Chapter 18.17530, (Appeals and Calls for Review). [Source: 18.75.020]
18.165.030 Projects with Multiple Discretionary Permit Applications A. Actions Subject to Zoning Administrator and/or Architectural Review Commission Review. For projects requiring a discretionary permit approval from the Planning Commission and/or City Council in conjunction with approval of an entitlement from the Zoning Administrator and/or Architectural Review Commission, the Planning Commission and/or City Council shall be the final decision-maker and any action of the Zoning Administrator and/or Architectural Review Commission shall be considered advisory to the Planning Commission and/or City Council. [Source: 18.105.030.D, 18.115.030.F]
D.B. Multiple Entitlement Applications. When multiple entitlement applications requiring consideration from the same authority are filed simultaneously, a combined public hearing to review them together may be scheduled. [Source: 18.95.020, 18.90.030.B]
18.165.03018.165.040 Completeness of Application
A. Initial Aapplication. Within 30 calendar days after the Ccity has received an application for a development project, the Ccity shall determine in writing whether the application is complete, and shall immediately transmit the determination to the applicant. If the application is determined not to be complete, the Ccity’s determination shall specify those parts of the application which are incomplete, and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed. [Source:
18.75.030.A]
If the determination is not made within 30 calendar days, and the application includes a statement that it is an application for a development permit (seeas that term is used in Government Code Ssections 65927 and 65943), the application shall be deemed complete. [Source: 18.75.030.A]
B. Resubmittal. Except as may otherwise be required by law, upon any resubmittal of an application determined not to be complete, a new 30 calendar -day period shall begin for determining whether the application is complete. The Ccity shall determine in writing whether the resubmitted materials are complete and shall notify the applicant. If the written
10.2.j
Packet Pg. 959
Chapter 18.165 General Provisions
6 determination is not made within that 30 calendar -day period, the application together with the submitted materials shall be deemed complete. Applications for wireless telecommunications facilities shall be subject to the resubmittal requirements set forthestablished in applicable Ffederal and Sstate law. [Source: 18.75.030.B]
C. Time Pperiod Eextensions. Nothing in this Ssection precludes an applicant and the Ccity from mutually agreeing to extend any time period provided by this Cchapter. [Source: 18.75.030.C]
18.165.04018.165.050 Environmental Review
A. Purpose. The purpose of this Section is to comply with the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et seq.) and the Permit Streamlining Act (Government Code Section 65920 et seq.) which mandates local agencies to establish criteria and procedures for the evaluation of projects and the preparation of environmental impact reports, and negative declarations, and the review timeframes thereof. The purpose of this review is to help the City decide if the proposed project is subject to environmental review and, if so, which issues may require analysis. [Source: NEW] B. Applicability. Each application for a discretionary entitlement by the Ccity is subject to the requirements of (CEQA), the State CEQA Guidelines, the City’s CEQA Guidelines, and the provisions of this Section. [Source: 18.75.040, modified] C. Review Authority. The highest decision-making review authority for the entitlement shall also have the authority to review and make the related CEQA finding. [Source: NEW] D. Review Procedures. Procedures for environmental review associated with a proposed project or application shall comply with the following:
1. Initial Review.
a. Within 30 calendar days of the submittal of a discretionary permit application, the Zoning Administrator shall determine if the application is complete in compliance with Section 18.165.xxx (Completeness of Application). [Source:
NEW]
b. An application subject to environmental review shall not be considered complete until the applicant has submitted all studies and other documentation the Zoning Administrator has deemed necessary to make an environmental determination. [Source: NEW]
2. Exempt Projects.
a. If the responsible review authority has determined that a project is exempt from environmental review under CEQA, such determination shall be supported with necessary written findings and substantial evidence and included in any public notice required for the project. The notice shall include a citation to the applicable statute or CEQA Guideline section under which it is found to be exempt. [Source: NEW]
b. Within 60 calendar days after adoption of the project is determined exempt from CEQA, the applicable review authority shall approve, approve with modifications, or deny the project. This period may be extended for up to 90
10.2.j
Packet Pg. 960
Part 5 – Zoning Ordinance Administration Chapter 18.165 Revised Preliminary Draft – October 2024
7 calendar days with a written agreement between the City and applicant. The CEQA determination and the review authority’s formal action on the land use or entitlement may be heard at the same public hearing. See Government Code Section 65950(a)(5). [Source: NEW]
c. Following approval of a project that is exempt from CEQA review, the Zoning Administrator or the applicant may file a Notice of Exemption with the County Clerk’s Office. The applicant for a project shall be responsible for any fees required to file such notice. [Source: NEW]
3. Non-Exempt Projects. If the proposed project is not exempt from environmental review, the applicant shall submit necessary information as determined by the Zoning Administrator. Upon submittal, the Zoning Administrator shall prepare or cause the preparation of an Initial Study at the applicant's expense in compliance with Sectioin
18.165.050.E. (Preparation of an Initial Study). [Source: NEW] E. Preparation of an Initial Study. An Initial Study required by this Section shall comply with the following:
1. Within 30 calendar days after an application is deemed complete, the Zoning Administrator shall determine whether to require preparation of an Environmental Impact Report (EIR), Negative Declaration, or Mitigated Negative Declaration or whether the project is within the scope of a Master EIR, or other appropriate document authorized by CEQA. The 30-calendar day time limit for completing the environmental study determination may be extended by 15 calendar days with a written agreement between the City and applicant. [Source: NEW]
2. Following completion of the Initial Study, the Zoning Administrator shall notify the applicant in writing of changes to the project deemed necessary to reduce or avoid any significant effects or revise the project to reduce its impacts to less than significant identified in the Initial Study. [Source: NEW]
3. Within 30 calendar days following the date of the notification described above, the applicant shall provide written notification to the Zoning Administrator indicating that the proposed modifications are acceptable or shall propose alternative measures that will achieve the same result. If the applicant does not agree to revise the project, an EIR shall be prepared. Alternatively, if the applicant does not respond to letter, the application shall be terminated by the City. [Source: NEW]
2.4. Based on the Initial Study, the Zoning Administrator shall make one of the following findings and prepare the appropriate environmental documentation as established:
a. The project will have "no significant impacts" on the environment, and a Negative Declaration will be prepared in compliance with CEQA and Subsection 18.165.050.F (Preparation of Negative Declarations); b. The project has been modified to mitigate potential environmental impacts to a level of insignificance and a Mitigated Negative Declaration will be prepared in compliance with CEQA and Subsection 18.165.050.F (Preparation of Negative Declarations);
10.2.j
Packet Pg. 961
Chapter 18.165 General Provisions
8 c. The project is within the scope of a Master EIR or other appropriate document authorized by CEQA, no additional significant environmental effect will result, and no additional mitigation measures or alternatives may be required; or d. The proposed project will have, or may have, significant impact(s) and an EIR will be prepared in compliance with CEQA and Subsection 18.165.050.G (Preparation of EIRs).
F. Preparation of Negative Declarations. A Negative Declaration or Mitigated Negative Declaration required by this Section shall comply with the following:
1. Negative Declarations and Mitigated Negative Declarations shall be adopted 180 calendar days after the Zoning Administrator deems the application complete.
Additional time to complete the Negative Declaration or Mitigated Negative Declaration may be allowed by ordinance or resolution if justified by compelling circumstances and the applicant consents thereto. The Negative Declaration or Mitigated Negative Declaration shall be adopted, modified, or not adopted before formal action is taken on the proposed land use or development project. [Source: NEW]
2. Within 60 calendar days after adoption of the Negative Declaration or Mitigated Negative Declaration (or a determination that the project is exempt from CEQA), the applicable review authority shall approve, conditionally approve, or deny the project.
This period may be extended for up to 90 calendar days with a written agreement between the City and applicant. [Source: NEW]
3. In compliance with CEQA Guidelines Section 15109, any unreasonable delay by the applicant in meeting requests necessary for the preparation of the Negative Declaration or Mitigated Negative Declaration may serve to delay the approval period, or even result in project disapproval. [Source: NEW]
G. Preparation of EIRs. An EIR required by this Section shall comply with the following:
1. An EIR for a private (i.e., non-government) project shall be certified within 12 months from the date the application is deemed complete. An additional 90 calendar days to certify the EIR may be allowed by ordinance or resolution if justified by compelling circumstances and the applicant consents. [Source: NEW]
2. Development projects must be approved, denied or conditionally approved within 180 calendar days from the date of EIR certification. This period may be extended once for up to 90 calendar days. [Source: NEW]
3. If, however, the decision to certify the EIR is not made within the 12 months after the application is deemed complete but is extended in compliance with Public Resources Code Section 21151.5, the applicable review authority shall decide whether to approve or deny the project within 90 calendar days after EIR certification. This period may be extended once for up to 90 calendar days. [Source: NEW]
10.2.j
Packet Pg. 962
Part 5 – Zoning Ordinance Administration Chapter 18.165 Revised Preliminary Draft – October 2024
9 18.165.05018.165.060 Fees and Deposits
Each person submitting an applicationapplying for a permit, or filing an appeal, under this Cchapter shall pay the required fees and deposits as established by the Master Fee Schedulecity council resolution. [Source: 18.75.050]
18.165.06018.165.070 City Indemnification
Each applicant shall indemnify, hold harmless and pay for the defense of the City, (including its agents, officers and employees) as a result of any claim, action, or proceeding to challenge a decision of the Zoning Administrator, Architectural Review Commission, Planning Commission, City Council, or any officer, department, commission, or committee of the City, concerning an entitlement, permit or approval granted under this Title. Each applicant shall defend (with counsel acceptable to the city), indemnify and hold harmless the city (including its agents, officers, and employees) from any claim, action, or proceeding to challenge an approval of the, planning commission, city council, or any officer, department, commission, or committee of the city concerning a permit granted under this title. [Source:
18.75.060]
10.2.j
Packet Pg. 963
Chapter 18.170 Amendments – General Plan
Zoning Ordinance, and Zoning Map
10 Chapter 18.170
Amendments – General Plan
Zoning Ordinance, and Zoning
Map
10.2.j
Packet Pg. 964
Part 5 – Zoning Ordinance Administration Chapter 18.170 Revised Preliminary Draft – October 2024
11 Chapter 18.170 Amendments -– General Plan, Zoning
Ordinance, and Zoning Map
Sections
18.170.010 Purpose and Applicability
18.170.020 Application and Initiation of Amendments
18.170.030 Report – Notice and Public Hearing
18.170.040 Action
18.170.050 Findings
18.170.060 Resubmittal of Application
18.170.010 Purpose and Applicability
This Chapter establishes the procedures for amending the General Plan in compliance with Government Code Section 65350 et seq., and Zoning Ordinance, including changes to zoning districts and the Zoning Map, in compliance with Government Code Section 65853 et seq. The purpose of these procedures is to ensure a structured and transparent approach to modifying the General Plan, zoning regulations, and zoning districts, aligning them with the City’s planning objectives, and community needs.The zoning designations may be changed by amending the zoning map, and the zoning regulations may be changed by amending this title. [Source: 18.125.010]
18.170.020 Application and Initiation of Amendments
A. General Plan. An amendment to the General Plan shall be applied for and initiated as follows:
1. Application and Initiation. An amendment to the Geneal Plan may be initiated by motion of the City Council or Planning Commission, action of the Zoning Administrator, or by request of any resident, property owner or business owner in the City. A General Plan amendment shall be initiated by submitting a complete application to the Zoning Administrator in the form approved by the Planning Division. [Source: NEW]
2. Maximum Number of General Plan Amendments. In compliance with Government Code Section 65358 et seq., no mandatory element of the General Plan shall be amended more frequently than four times during any calendar year. Subject to that limitation, the General Plan amendment may be made at any time, as determined by the City. Each amendment may include more than one change to the General Plan. [Source: NEW]
A.B. Zoning Mmap. An amendment to the Zoning Map may be initiated by motion of the City Council or Planning Commission, action of the Zoning Administrator, or by request of all owners of the property for which the change is sought. A Zoning Map amendment shall be initiated by submitting a complete application to the Zoning Administrator in the form approved by the Planning Division.An amendment to the zoning map may be initiated by motion of the city
10.2.j
Packet Pg. 965
Chapter 18.170 Amendments – General Plan
Zoning Ordinance, and Zoning Map
12 council or planning commission, action of the zoning administrator, or by request of all owners of property for which the change is sought. [Source: 18.125.020.A] C. Zoning Ordinanceregulations. An amendment to the Zzoning Ordinanceregulations may be initiated by motion of the Ccity Ccouncil or the Pplanning Ccommission, action of the Zzoning Aadministrator, or by request of any resident, property owner or business owner in the Ccity.
A Zoning Ordinance amendment shall be initiated by submitting a complete application to the Zoning Administrator in the form approved by the Planning Division. [Source: 18.125.020.B] D. Modification of Application Requirements. The Zoning Administrator may add or waive the submission of application materials or information to determine compliance with the General Plan and Zoning Ordinance. [Source: NEW]
18.170.030 Application
A. Zoning map. A property owner may initiate a zoning map amendment by filing an application in the form approved by the zoning administrator. [Source: 18.125.030.A] Zoning regulation. A property owner, resident or business owner shall initiate an amendment to the zoning regulations by submitting an application in the form approved by the zoning administrator. [Source: 18.125.030.B]
18.170.04018.170.030 Report – Notice and Public Hearing A. Determination of Completeness. After a General Plan, Zoning Ordinance, or Zoning Map amendment application is submitted, the Zoning Administrator shall determine whether the application is complete and shall notify the applicant of the determination, including (if appropriate) a description of why the application is incomplete and any additional information that may be required. [Source: NEW]
A.B. Report. A fter a submitted application is deemed complete; the Zoning Administrator shall prepare separate reports for the Planning Commission and City Council containing the Zoning Administrators analysis and recommendation. The zoning administrator shall set a date, time and place for a public hearing and prepare a report to the planning commission on the proposed zoning map or zoning regulation amendment. The report(s) shall describe the geographical area or applicable General Plan or Zoning Ordinance provision(s)subject to be considered for amendmentchange and, if warranted, propose alternative amendments. [Source:
18.125.040.A]
B.C. Notice and Ppublic Hhearing. The responsible review authority shall hold a public hearing on an application for General Plan, Zoning Ordinance, or Zoning Map amendment and shall nNotice such meeting in compliance with of the public hearing on the proposed amendment shall be given in accord with PHMC Chapter 18.19580 (Notice Requirements). In compliance with Section 18.XX.XXX (Projects with Multiple Discretionary Permit Applications), tThe Planning Commission may schedule a combined public hearing on multiple applications for Zoning Ordinance and Zzoning Mmap or text amendments. [Source: 18.125.040.B]
18.170.05018.170.040 Action
A. Planning Ccommission Recommendationaction. [Source: 18.125.050]
10.2.j
Packet Pg. 966
Part 5 – Zoning Ordinance Administration Chapter 18.170 Revised Preliminary Draft – October 2024
13 1. Public Hhearing. In compliance with Government Code Sections 65353 et seq. and 65853, aAt the public hearing, the Pplanning Ccommission shall consider the report from the Zzoning Aadministrator, including the Zoning Administrator’s recommendation, and shall hear evidence for and against the proposed General Plan, Zoning Ordinance or Zoning Map amendment. The Pplanning Ccommission may continue the public hearing to a definite date and time without additional notice. [Source: 18.125.050.A]
2. Recommendation to Ccity Ccouncil. Following the public hearing, the Planning Ccommission shall forward a written recommendation, including findings, to the City Council whether to recommend approval, approval in modified form, or denial of the proposed amendment, based on the findings identified in Section 18.170.xxx (Findings and Decision) make specific findings as to whether the proposed zoning regulation or zoning map amendment is consistent with the policies of the general plan, the purposes of this title, and the limitations on residential rezoning prescribed in PHMC §
18.125.070, and shall recommend approval, conditional approval, or denial of the proposal as submitted or in modified form. [Source: 18.125.050.B]
3. Result of Pplanning Ccommission Ddenial. A Pplanning Ccommission recommendation of denial of an application for a Zzoning Ordinance or Zoning Mmap or zoning regulation amendment submitted by request terminates the proceedings, unless appealed in compliance with Chapter 18.xxx (Appeals and Calls for Review).
However, when an application is combined with a Ggeneral Pplan amendment, the Pplanning Ccommission recommendation of a denial shall be automatically referred to the Ccity Ccouncil for final action, and does not require an appeal. All other Pplanning Ccommission actions on proposed Zzoning Ordinance or Zoning Mmap or zoning regulationamendments are automatically referred to the Ccity Ccouncil. [Source:
18.125.050.C]
B. City Ccouncil Aaction.
1. Hearing Ddate and Nnotice. The Zzoning Aadministrator shall set a public hearing before the Ccity Ccouncil within 60 calendar days after the date of the Pplanning Ccommission recommendation. Notice of the public hearing shall be provided as set forth in PHMC Chapter 18.80comply with Chapter 18.xx (Notice Requirements). [Source: 18.125.060.A]
2. Public Hhearing. At the public hearing, the City Ccouncil shall consider the Planning Commission’s recommendation and hear evidence for and against the proposed General Plan, Zoning Ordinanc,e or Zoning Map amendment. shall hear evidence for and against the proposed amendment. The City Ccouncil may continue the public hearing to a definite date and time without additional notice. [Source: 18.125.060.B]
3. City Council Ddecision. After the public hearing, Tthe City Ccouncil shall approve, approve with modifications, or reject deny the proposed General Plan, Zoning Ordinance, or Zoning Map amendment based on the findings identified in Section
18.170.xxx (Findings and Decision). commission recommendation; provided, that a modification not previously considered by the commission shall be referred to the
10.2.j
Packet Pg. 967
Chapter 18.170 Amendments – General Plan
Zoning Ordinance, and Zoning Map
14 commission for a report before adoption of an ordinance amending the zoning regulations or map. [Source: 18.125.060.C]
4. Referral to Planning Commission.
a. City Council Referral for Further Study.
i. When City Council requests the Planning Commission to further study and report on a proposed amendment, the Planning Commission shall study and submit a report to City Council within 60 calendar days after the referral. The City Council may establish a longer reporting period at their discretion. [Source: 18.125.060.C, 18.125.080.A] ii. Upon receipt of the City Council referral, the Planning Commission shall conduct the required public hearing and notice the public hearing in compliance with Chapter 18.xxx (Noticing Requirements). iii. Failure of the Planning Commission to report back to the City Council within the specified time period shall be deemed that the Planning Commission’s recommendation is for approval of the amendment in compliance with Government Code Sections 65356 and 65853. commission recommendation; provided, that a modification not previously considered by the commission shall be referred to the commission for a report before adoption of an ordinance amending the zoning regulations or map. Failure of the planning commission to report within 40 calendar days after referral, or such longer period as may be designated by the council, shall be deemed approval of the proposed modification. Before adopting an ordinance, the council shall make findings that the proposed regulation or map amendment is consistent with the policies of the general plan. [Source:
18.125.060.C, 18.125.080.A]
b. City Council Referral for Information not Previously Considered. i. If the City Council proposes to adopt a substantial modification(s) to the proposed amendment not previously considered by the Planning Commission, the proposed modification shall be first referred to the Planning Commission for its recommendation, in compliance with Government Code Sections 65356 and 65857. [Source:
18.125.060.C, 18.125.080.A]
ii. The Planning Commission shall not be required to hold a public hearing on the referral. [Source: 18.125.060.C, 18.125.080.A] i.iii. Failure of the Planning Commission to report back to the City Council within 45 calendar days after the City Council referral, or a longer period as may be designated by the City Council, shall be deemed that the Planning Commission’s recommendation is for approval of the proposed amendment in compliance with Government Code Sections 65356 and 65857. [Source: 18.125.060.C, 18.125.080.A]
10.2.j
Packet Pg. 968
Part 5 – Zoning Ordinance Administration Chapter 18.170 Revised Preliminary Draft – October 2024
15 18.170.050 Findings
An amendment to the General Plan, Zoning Ordinance, or Zoning Map may be approved only if all the following findings are made, as applicable to the type of amendment. [Source: NEW] A. General Findings. The following findings shall be made for all amendments:
1. The proposed amendment(s) complies with the provisions of the California Environmental Quality Act (CEQA). [Source: NEW]
2. The proposed amendment(s) complies with the limitations on residential rezoning established in Subsection 18.170.060.X (Limitation on Residential Rezoning). [Source:
18.125.060.C]
B. Additional Finding for General Plan Amendments. The proposed amendment(s) is internally consistent with all other provisions established by the General Plan; [Source: 18.125.060.C] C. Additional Finding for Zoning Ordinance Amendments. The proposed amendment(s) is internally consistent with all other applicable provisions of the Zoning Ordinance. [Source:
NEW]
D. Limitation on Residential Rezoning. The City shall not rezone any area or property zoned for residential use to increase density or change land use unless the following additional findings are made: [Source: 18.125.070]
3.1. Development of the area or property to be rezoned shall not have growth-inducing impacts on existing residential neighborhoods; [Source: 18.125.070.A]
4.2. Development of the area or property to be rezoned shall not have a significant traffic impact on existing residential neighborhoods; and [Source: 18.125.070.B]
5.3. Development of the area or property to be rezoned shall not have a significant noise impact on existing residential neighborhoods. [Source: 18.125.070.C]
18.170.060 Revisions of Proposed Amendments
A. Revisions. Before approving an amendment, the commission or the council may consider revisions which were not in the original proposal, such as: (1) revising the boundaries of an area proposed for a zoning map amendment; (2) considering revised zoning map designations; or (3) considering revised zoning regulation amendments. [Source: 18.125.080.A] B. Supplemental notice. Notice shall be given before a hearing on a revised amendment, unless the commission or council finds that the revised amendment will not have impacts greater than those that would result from the amendment in its original form. [Source: 18.125.080.B]
18.170.07018.170.060 Resubmittal of Application
Following the denial of an application or request for an amendment to the zoning regulations or the zoning map General Plan, Zoning Ordinance, or Zoning Map amendment application, no new application or request for the same, or substantially the same, proposed amendment shall be accepted within one year12-months of the date of denial, unless the denial was made without prejudice. [Source:
18.125.090]
10.2.j
Packet Pg. 969
Chapter 18.170 Amendments – General Plan
Zoning Ordinance, and Zoning Map
16 10.2.j
Packet Pg. 970
Part 5 – Zoning Ordinance Administration Chapter 18.175 Revised Preliminary Draft – October 2024
17 Chapter 18.175
Appeals and Calls for Review
10.2.j
Packet Pg. 971
Chapter 18.175 Appeals and Calls for Review
18 Chapter 18.175 Appeals and Calls for Review
Sections
18.175.010 Purpose
18.175.020 Right to Appeal, Call for Review, Time Limits
18.175.030 Initiation
18.175.040 Procedures
18.175.050 Effective Date
18.175.010 Purpose.
The purpose of this Chapter is to establish procedures for the appeal of determinations and decisions made by the Zoning Administrator, Architectural Review Commission, and Planning Commission.
18.175.01018.175.020 Right to Appeal, Call for Review, Time Limits A. Right to Appeal. Any interested person may appeal a decision. [Source: 18.130.010.A] B. Appeal. A decision of the Zoning Administrator may be appealed to the Planning Ccommission.
A decision of the Zoning Administrator regarding a Temporary Sign Permit or conformance to Master Sign Program may be appealed to the Architectural Review Commission. A decision of the Planning Commission or Architectural Review Ccommission may be appealed to the City Council. An appeal for any action is limited to one appeal. The decision of the appellate body on an appeal shall be final. For example, if a decision by the Zoning Administrator is appealed to the Planning Commission, the decision of the Planning Commission will be final, and no further appeal to the City Council will be possible. [Source: NEW] C. Call for Rreview. Any decision of the Zzoning Aadministrator may be called up for review by any member of the Pplanning Ccommissionner, Aarchitectural Rreview Ccommissioner, or Ccity Ccouncil member. Any decision of the Pplanning Ccommission or Aarchitectural Rreview Ccommission may be called up for review by a a member of the Ccity Ccouncil member. [Source: 18.130.010.B]
A.D. Time Llimits. An appeal or call for review must be submitted in writing to the Zzoning Aadministrator within 10 calendar days of the mailed notice of decision. [Source: 18.130.010.C]
18.175.02018.175.030 Initiation
A. Appeal. An appeal shall be filed with the Zzoning Aadministrator on a form approved by the Planning Divisionprovided and shall state the specific reasons for the appeal. [Source:
18.130.020.A]
B. Call for Rreview. A call for review shall be filed with the Zzoning Aadministrator and shall state the reasons for such review. [Source: 18.130.020.B]
C. Calls for Review. A decision that is appealed or called up for review does not become effective until the appeal or review is resolved. [Source: 18.130.020.C]
10.2.j
Packet Pg. 972
Part 5 – Zoning Ordinance Administration Chapter 18.175 Revised Preliminary Draft – October 2024
19 18.175.03018.175.040 Procedures
A. Hearing Ddate. An appeal or call for review shall have the be scheduled for a public hearing occurs before the appellate body within 6045 calendar days of the city’s Zoning Administrator’s receipt of the appeal or call for review, unless both applicant, and appellant and City consent to a later date. [Source: 18.130.030.A]
B. Notice and Ppublic Hhearing. An appeal or review hearing shall be a public hearing if the decision being appealed or reviewed requires a public hearing. Notice of the public hearing shall be given in the manner required for the initial decision and shall comply with Chapter
18.___ (Noticing Requirements). [Source: 18.130.030.B]
C. Plans and materials. At an appeal or review hearing the appellate body shall consider only the same application, plans, and related project materials that were the subject of the original decision. [Source: 18.130.030.C]
D.C. Public Hearing. Public hearings for appeals are De Novo, in which new information may be provided and considered by the appellate body when taking action on the appeal. At the public hearing, the appellate body shall review the record of the decision and hear testimony of the appellant, the applicant, and any other interested party. [Source: 18.130.030.D] E.D. Decision and Nnotice. After the public hearing, the appellate body shall affirm, modify, or reverse the original decision. When a decision is modified or reversed, the appellate body shall state the specific reasons for modification or reversal. [Source: 18.130.030.E] A decision on appeal or call for review shall be rendered within 30 calendar days of the close of the public hearing. The Zzoning Aadministrator shall mail notice of a Pplanning Ccommission decision or Aarchitectural Rreview Ccommission decision. The Ccity Cclerk shall mail notice of a Ccity Ccouncil decision. Such notice shall be mailed within five working days after the date of the decision to the applicant, the appellant, and any other party requesting such notice. [Source: 18.130.030.E]
F.E. Failure to Aact. Failure to act within the time limits establishedprescribed in Ssubsections A and E of this Ssection shall be deemed affirmation of the original decision. [Source:
18.130.030.F]
18.175.04018.175.050 Effective Date
A decision by the Ccity Ccouncil regarding an appeal or call for review becomes final on the date of the decision. A decision by the Pplanning Ccommission or Aarchitectural Rreview Ccommission regarding an appeal or review becomes final 10 calendar days after the date the notice of decision is mailed, unless appealed to the Ccity Ccouncil. [Source: 18.130.040]
10.2.j
Packet Pg. 973
Chapter 18.180 Development Agreement
20 Chapter 18.180
Development Agreement
10.2.j
Packet Pg. 974
Part 5 – Zoning Ordinance Administration Chapter 18.180 Revised Preliminary Draft – October 2024
21 Chapter 18.180 Development Agreement
Sections
18.180.010 Purpose
18.180.020 Interpretation of Development Agreement Provisions
18.180.030 Eligibility Requirements
18.180.040 Agreement Contents
18.180.050 Filing, Processing, and Review
18.180.060 Action
18.180.070 Findings
18.180.080 Annual Review
18.180.090 Amendment or Cancellation
18.180.100 Administration
18.180.010 Purpose
In order toTo strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic cost of development, the Legislature of the State of California adopted provisions in the Government Code authorizing local governments to enter into development agreements with applicants for development projects. The objective of such an agreement is to provide for vesting of certain development rights in the property by granting assurances that, upon approval of the project, the applicant may proceed with the project in compliance accordance with existing policies, rules and regulations, subject to the conditions of approval. The purpose of this Cchapter is to establish procedures and requirements for consideration of development agreements by the city consistent with state law. (Reference: Govt. Government Code Sections Code §§ 65864 – 65869.5) [Source:
18.120.010]
18.180.020 Interpretation of Development Agreement Provisions In interpreting the provisions of any development agreement entered into in compliance with this Chapter, those provisions shall be read to fully effectuate, and to be consistent with, the language of this Chapter, Government Code Sections 65864-65869.5, and the agreement itself. Should any apparent discrepancies between the meaning of these documents arise, reference shall be made to the following documents, and in the following order:
A. The provisions of Government Code Sections 65864-65869.5; B. The provisions of this Chapter; and,
A.C. The plain terms of the development agreement itself. [Source: NEW]
10.2.j
Packet Pg. 975
Chapter 18.180 Development Agreement
22 18.180.02018.180.030 Eligibility Application Requirements Equitable Interest. Person(s) having a legal or equitable interest in real property may propose to enter into a development agreement if all the following criteria are met:
A. The status of the applicant, having a legal or equitable interest in the subject real property, is established to the satisfaction of the Zoning Administrator. An applicant may also include an authorized agent, and
B. A complete application is submitted to the Zoning Administrator on the form approved by the Planning Division.
A. An applicant may propose that the city consider entering into a development agreement by filing a complete application with the public works and community development department accompanied by plans and materials in the form approved by the department. [Source:
18.120.020]
18.180.03018.180.040 Agreement Contents
A. Mandatory Contents. A development agreement shall contain all the following content, in compliance with Government Code Section 65865.2specify all of the following:
1. Specifying the:
a. Dthe duration of the agreement;
b. Pthe permitted land uses of the subject property, including mix and type of uses;
c. the Ddensity and/or intensity of the permitted land uses; d. Mthe maximum height and size of proposed buildings; and e. P provisions for reservation or dedication of land for public purposes. [Source:
18.120.030.A]
2. Describing the:
a. Provisions, if any, for reservation or dedication of land for public purposes; and b. Provisions, if any, for the protection from either a future growth control ordinance or a future increase in development and/or effect fees. [Source:
NEW]
3. Provide for a tiered modification/amendment review procedure that may incorporate the following:
a. Zoning Administrator approval for minor modifications; b. Planning Commission approval for major modifications; and a.c. City Council approval for major amendments. [Source: NEW] B. Optional Contents. A development agreement may contain the applicable provisions identified below, in compliance with Government Code Section 65865.2A development agreement may:
[Source: 18.120.030.B]
10.2.j
Packet Pg. 976
Part 5 – Zoning Ordinance Administration Chapter 18.180 Revised Preliminary Draft – October 2024
23 1. Include conditions, terms, restrictions, and requirements for subsequent discretionary actions; provided, that such conditions, terms, restrictions, and requirements shall not prevent development of the land for the uses and to the density or intensity of development set forthestablished in the agreement; [Source: 18.120.030.B.1]
2. Provide that construction shall be commenced within a specified time and that the project or any phase be completed within a specified time; [Source: 18.120.030.B.2]
3. Include terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time; [Source: 18.120.030.B.3]
4. Provide that a particular rule, regulation or policy will apply as it exists at the time of Bbuilding Ppermit issuance (e.g.,for example, Bbuilding Ccode standards and development processing and impact fees); and [Source: 18.120.030.B.4]
5. Provide for specific penalties for failure to perform. [Source: 18.120.030.B.5]
6. Unless otherwise specified in the development agreement, the rules, regulations, and official policies governing the development of the property will be those in effect at the time the agreement is executed. In subsequent actions related to the project, the City may apply new rules, regulations, and policies that do not conflict with those in place at the time of the agreement. The City may also deny or conditionally approve the project based on these new rules. No rights will be considered vested in the applicant or any other party under a development agreement, except as explicitly stated in the agreement. Unless otherwise provided by the development agreement, the rules, regulations, and official policies applicable to development of the property subject to a development agreement shall be those rules, regulations, and official policies in effect at the time of agreement execution. In subsequent actions applicable to the project, the city may apply new rules, regulations, and policies which do not conflict with those rules, regulations, and policies in effect at the time of the agreement, and may deny or conditionally approve the project on that basis. No rights shall be deemed to vest in the applicant or any other person under any development agreement, except as set forth in the development agreement. [Source: 18.120.030.C] C. Development agreements shall be limited to a period not to exceed a maximum of 10 years from the effective date of the adopting ordinance. [Source: 18.120.030.D]
18.180.04018.180.050 Filing, Processing, and Review
A. Filing. The applicant shall submit a complete application for a development agreement to the Zoning Administrator in the form approved by the Planning Division. [Source: NEW] A.B. Review processAuthorization to Negotiate. . City staff shall not begin to negotiate with the applicant until the Ccity Ccouncil has so authorized City staff, following completion of the application review process as set forth below. [Source: 18.120.040] B.C. Zoning Administrator Review. The Zzoning Aadministrator, upon receipt of City Council’s authorization, shall review the development agreement proposalapplication, undertake environmental review in compliance with Section 18.165.050 (Environmental Review), consult with all applicable Ccity departments, and obtain such additional information from the applicant
10.2.j
Packet Pg. 977
Chapter 18.180 Development Agreement
24 as may be deemed necessary by the zoning administrator. Within 45 calendar days of receipt of the application, the Zzoning Aadministrator shall prepare a report to the city council containing their zoning administrator’s recommendation. The recommendation shall consist of the following: [Source: 18.120.040.A, 18.120.050.A]
1. A statement of potential public benefits and costs accruing to the Ccity if the agreement were entered into; [Source: 18.120.040.A.1]
2. A recommendation as to whether the Ccity should negotiate further with the applicant; [Source: 18.120.040.A.2]
3. A statement whether the application meets the minimum statutory requirements for a development agreement, as set forth in PHMC § 18.120.030.A;established by this Chapter and State law; [Source: 18.120.040.A.3]
4. A statement of issues for further research and investigation, and issues that should be addressed in the development agreement; [Source: 18.120.040.A.4]
5. A statement of those documents, applications, and other items required by the Zzoning Aadministrator in order to further process the application or negotiate with the applicant. [Source: 18.120.040.A.5]
D. Planning Commission Review. Upon completion of the Zoning Administrator’s report, the application, together with recommendations and appropriate environmental review documents, shall be submitted to the Planning Commission. The Upon completion of the report, the proposed development agreementmatter shall be set for a public hearing before the Planning Commission within six months of receiving City Council authorization to negotiate. The City and the applicant may agree to a later date. The Planning Commission will consider the application and forward a recommendation to the city council at its next regularly scheduled meeting. Notice of the hearing shall be given in accordance with PHMC Chapter 18.80. The Ccity Ccouncil in compliance with Section 18.180.xx (Action) shall consider at the hearing whether to authorize city staff to negotiate with the applicant concerning the development agreement. [Source: 18.120.040.B, 18.120.050.B]
E. City Council Review. Upon receipt of the Planning Commission's recommendations, the City Clerk shall set the application and written report of the Planning Commission for a public hearing before the City Council. Following conclusion of the public hearing, the City Council shall act on the application in compliance with Section 18.180.xx (Action) based on the findings identified in Section 18.180.xx (Findings). [Source: 18.120.040] C.
D. Department review and recommendation – Notice and public hearing. [Source: 18.120.050]
1. A. Department review and recommendation. If the city council has directed the staff to proceed with the application under PHMC § 18.120.030, the department shall, at the applicant’s expense, undertake environmental review in accord with city guidelines for CEQA implementation (unless the project is categorically exempt). Upon completion of the review, the department shall transmit the application, together with its recommendations and appropriate environmental review documents, to the planning commission. [Source: 18.120.050.A]
10.2.j
Packet Pg. 978
Part 5 – Zoning Ordinance Administration Chapter 18.180 Revised Preliminary Draft – October 2024
25 E.F. B. Notice ofand Ppublic Hhearing. Within six months following council authorization to staff to negotiate with the applicant, a public hearing shall be scheduled before the planning commission. The city and the applicant may agree to a later date. Notice of the hearings identified in Subsections D. and E., shall be given in the form of a notice of intention to consider approval of a development agreement in compliance with Government Code Section 65867 and Chapter 18.xxx (Noticing Requirements).Notice of intention to consider the application shall be given as provided in PHMC Chapter 18.80. If the application is being processed together with the development project, the public hearing on the application may be held concurrently with the hearing on the project. If the application is being processed together with a development project, notice of the public hearing shall also be given as required for consideration of the development project. [Source: 18.120.050.B, 18.120.070.B]
18.180.05018.180.060 Action
A. Planning Ccommission Recommendationaction.
1. After the public hearing by the Planning Commission, the Planning Commission shall make its recommendation about the application for a development agreement by written resolution to the City Council. The Planning Commission shall not recommend that the City enter into the development agreement unless the Planning Commission makes all the findings established in Section 18.180.xxxAfter the public hearing is closed, the commission shall recommend either approval, modification, or disapproval of the proposed development agreement. (Findings).
1.2. The Planning Ccommission shall transmit its recommendation to the Ccity Ccouncil within 30 calendar days of the close of the Planning Commission public hearing. [Source: 18.120.060]
2. In making its recommendation, the commission shall consider whether the proposal conforms to the general plan and any applicable specific plan, and whether the proposal contains the minimum statutory requirements of Government Code section 65865.2, as set forth in PHMC § 18.120.030.A. [Source: 18.120.060] B. City Ccouncil Aaction.
1. Upon receipt of the application, the results of the environmental review, and the recommendations of the department and the planning commission, the city council shall schedule a public hearing on the application. Notice of intention to consider the application shall be given in the manner set forth in PHMC Chapter 18.80. [Source:
18.120.070.A]
2. If the application is being processed together with the development project, the public hearing on the application may be held concurrently with the hearing on the project. [Source: 18.120.070.B]
1. After the public hearing is closed, the Ccity Ccouncil shall approve, approve with modifmodificationsy, or disapprove deny the proposed development agreement. Any approval of a proposed agreement shall be made by ordinance, which shall authorize the Ccity Mmanager to sign the agreement on behalf of the Ccity, and shall become
10.2.j
Packet Pg. 979
Chapter 18.180 Development Agreement
26 effective 30 calendar days after adoption, unless a referendum is filed within that time. [Source: 18.120.070.C]
3. Upon the close of the hearing, the city council shall by resolution either: [Source:
18.120.040.C]
a. Direct city staff to continue negotiating with the applicant, and to prepare a proposed development agreement for planning commission review; or [Source: 18.120.040.C.1]
b. Determine that no further negotiations are desirable and reject the application. [Source: 18.120.040.C.2]
4.2. No agreement shall be signed by the Ccity Mmanager until it has been duly signed by the applicant and property owner, if the applicant is not the property owner. If the applicant has not signed and returned the approved agreement to the Ccity Mmanager for signing within 30 calendar days of City Ccouncil approval, the application is deemed withdrawn by applicant. [Source: 18.120.070.D]
5. Within 10 calendar days after the Ccity Mmanager signs a development agreement and the ordinance becomes effective, the Ccity Cclerk shall submit cause a copy to be recorded in the office of the county recorderof the development agreement to the County Record’s Office for recordation. [Source: 18.120.070.D, modified] Following denial of an application for a development agreement, no new application for the same, or substantially the same, development agreement shall be accepted within one year of the date of denial, unless the denial was made without prejudice. [Source: 18.120.070.E]
18.180.070 Findings
A proposed development n agreement shall not be approved unless the city council finds thatall the following findings are made: [Source: 18.120.070.C]
C.A. The agreement is consistent with the Ggeneral Pplan and with any applicable specific plan; [Source: 18.120.070.C.1]
D.B. The agreement is consistent with this Ttitle, the Municipalcity Ccode, and the State Subdivision Map Act; [Source: 18.120.070.C.2]
E.C. The agreement will not be detrimental to the health, safety, and general welfare; and will not adversely affect the orderly development of property or the preservation of property values; [Source: 18.120.070.C.3]
F.D. The city council has considered the effect of the development agreement on the housing needs of the region in which the Ccity is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources; and [Source:
18.120.070.C.4]
G.E. The city council has considered the statement of potential public benefits and costs accruing to the Ccity was considered. [Source: 18.120.070.C.5]
10.2.j
Packet Pg. 980
Part 5 – Zoning Ordinance Administration Chapter 18.180 Revised Preliminary Draft – October 2024
27 18.180.06018.180.080 Annual Review
A. In compliance with Government Code Section 65865.1.A, a development agreement shall be reviewed at least once every 12 months, or more often at the request of the Ccity Ccouncil, Zzoning Aadministrator, or applicant. [Source: 18.120.080.A] B. The purpose of the periodic reviews shall be to determine whether the applicant/contracting party or its successor(s)-in-interest has complied in good faith with the terms or conditions of the development agreement. The burden of proof shall be on the applicant/contracting party or its successor(s) to demonstrate compliance, to the full satisfaction of, and in a manner prescribed by the City.The purpose of the review is to inquire into the good faith compliance of the applicant with the terms of the agreement and for any other purpose specified in the agreement. [Source: 18.120.080.B]
C. Notice.
1. The applicant/contracting party or its successor(s)-in-interest shall initiate the review proceeding by making application to the Zoning Administrator in compliance with this Chapter. [Source: 18.120.080.C]
2. Upon receipt of a complete application, the Zoning Administrator shall begin the review procedures by giving notice that the City intends to undertake a periodic review of the development agreement to the applicant/contracting party or its successor(s)-ininterest, and any person who has filed a written request for notice with the Zoning Administrator. [Source: 18.120.080.C, modified]
1. Before each review, the public works and community development department shall prepare a report on all development that has occurred under the agreement since the last review and any other matters the department wishes to bring to the council’s attention. [Source: 18.120.080.C]
3. If, upon their review, the Zoning Administrator the department recommends modification or termination of the development agreement, a public hearing shall be scheduled before the Pplanning Ccommission on the development agreement. Notice of intention to modify or terminate the development agreement shall be given in the same manner as the initial consideration under PHMC Chapter 18.80application in compliance with this Chapter.
D. Public Hearing Procedures for Development Agreement Reviews.
2.1. Planning Commission Public Hearing. At the hearing, the applicant has the burden of demonstrating good faith compliance with the terms of the agreement. After closing the Planning Commission public hearing,, the Pplanning Ccommission shall determine whether to recommend that the development agreement be terminated, modified, or confirmed as is. [Source: 18.120.080.F]
2. City Council Public Hearing. Upon receipt of the Zzoning Aadministrator’s or pPlanning Ccommission’s recommendation, the Ccity Ccouncil shall schedule a public hearing.
Notice of intention to modify or terminate the development agreement shall be given in the same manner as the initial application in compliance with this Chapter.Notice of
10.2.j
Packet Pg. 981
Chapter 18.180 Development Agreement
28 intention to modify or terminate the agreement shall be given in the same manner as the initial consideration under PHMC Chapter 18.80. If, after the public hearing is closed, the Ccity Ccouncil finds and determines on the basis of substantial evidence that the applicant or its successor in interest has not complied in good faith with the terms of the agreement, the Ccity Ccouncil may terminate or modify the agreement or impose penalties as provided in the agreement in compliance with Government Code Section 65865.1may modify or terminate the agreement. Any modification or termination must be done by ordinance, and is subject to Government Code section 65867.5. [Source: 18.120.080.G-E]
18.180.07018.180.090 Amendment or Cancellation
The development agreement may be amended or canceled:
A. (A) Tto comply with later enacted Ffederal or Sstate laws or regulations, under Government Code section 65869.5; or
B. B(B) by mutual consent, under Government Code section 65868; or A.C. Fr (C) following Ccity’s periodic review, under Government Code section 65865.1. Notice of intention to take any such action shall be given in the manner provided for the initial consideration, under PHMC Chapter 18.80,in compliance with this Chapter, except that the parties may set forthestablish an alternative procedure in the agreement for processing insubstantial amendments. Any significant amendment is subject to Government Code section 65867.5, which provides that the decision be adopted by ordinance. [Source: 18.120.090]
18.180.08018.180.100 Administration
The Zzoning Aadministrator shall receive, review, process, and prepare, together with recommendations for Commission and Board consideration, all applications for development agreements.prepare and adopt such application forms, checklists, and other documents as considered necessary to implement these procedures and requirements. [Source: 18.120.100, ]
10.2.j
Packet Pg. 982
Part 5 – Zoning Ordinance Administration Chapter 18.185 Revised Preliminary Draft – October 2024
29 Chapter 18.185
Enforcement
10.2.j
Packet Pg. 983
Chapter 18.185 Enforcement
30 Chapter 18.185 Enforcement
Sections
18.185.010 Purpose and Intent
18.185.020 Public Nuisance
18.185.030 Permits, Licenses, Certificates, and Approvals
18.185.040 Enforcement Responsibilities
18.185.050 Revocation or Modification of Discretionary Permits
18.185.060 Public Hearing and Other Violations
18.185.070 Penalties
18.185.080 Notice of Violation
18.185.010 Purpose and Intent
This Chapter provides procedures that are intended to ensure compliance with the requirements of this Title and the conditions of permit approval. [Source: NEW]
18.185.01018.185.020 Public Nuisance
A violation of any provision of this Ttitle is a public nuisance and may be abated pursuant to the provisions of PHMCin compliance with Chapter 7.05 (Public Nuisances) of the Municipal Code or any other remedy available by law. [Source: 18.135.010]
18.185.02018.185.030 Permits, Licenses, Certificates, and Approvals A permit, license, certificate, or approval granted in conflict with thea provisions of tthis Title is void. [Source: 18.135.020]
18.185.03018.185.040 Enforcement Responsibilities
The Zzoning Aadministrator is responsible for enforcing the terms of discretionary permits and their conditions under this Ttitle. The chief Bbuilding Oofficial is responsible for enforcing this Ttitle pertaining to the erection, construction, reconstruction, moving, conversion, alteration, or addition to any building or structure. All other officers of the Ccity officers are responsible for enforcing provisions related to their areas of responsibility. [Source: 18.135.030]
18.185.04018.185.050 Revocation or Modification of Discretionary Permits A. Duties of Zzoning Aadministrator. If the Zzoning Aadministrator determines there are grounds for revocation or modification of a Zzoning pPermit, Hhome Ooccupation Ppermit, Uuse Ppermit, Vvariance, Ddevelopment Pplan approval, Aarchitectural Rreview Ppermit, or other discretionary approval authorized by this Ttitle, the Zzoning Aadministrator shall schedule a revocation hearing before whichever person or body review authority took final action on the permit. [Source: 18.135.040.A]
10.2.j
Packet Pg. 984
Part 5 – Zoning Ordinance Administration Chapter 18.185 Revised Preliminary Draft – October 2024
31 B. Notice and of Ppublic Hhearing. Notice shall be given in the same manner required for a public hearing to consider approval and in compliance with Chapter 18.xxx (Noticing Requirements).
If no notice is required for the permit, then none is required for the revocation or modification hearing, except that notice shall be mailed to the permittee at least 10 calendar days before the hearing. The contents of the notice shall be as prescribed by PHMC Chapter 18.80. [Source: 18.135.040.B]
C. Public Hearing. The person or bodyreview authority conducting the public hearing shall hear testimony of Ccity staff, the permittee, and any other interested person. A public hearing may be continued to a specific date and time without additional public notice. [Source:
18.135.040.C]
D. Required Ffindings. The person or bodyreview authority conducting the hearing may revoke or modify the permit upon making one or more of the following findings: [Source: 18.135.040.D]
1. The permit was issued on the basis of erroneous or misleading information or misrepresentation; [Source: 18.135.040.D.1]
2. The use or the user is in violation of a condition of approval of the permit, or other laws or regulations, including but not limited to the Mmunicipal Ccode; or [Source:
18.135.040.D.2]
3. The use is being conducted contrary to the public health, safety, and welfare. [Source:
18.135.040.D.3]
E. Decision and Nnotice. Within 10 calendar days of the conclusion of the hearing, Tthe applicable person or bodyreview authority that conducted the hearing shall render a decision and shall mail notice of the decision to the permittee and to any other person who has filed a written request for such notice within 10 calendar days after the conclusion of the public hearing. [Source: 18.135.040.E]
F. Effective Ddate – Appeals. A decision to revoke a discretionary permit becomes final 10 calendar days after the notice of the decision is mailed, unless appealed. [Source:
18.135.040.F]
G. Other Rremedies. The Ccity’s right to revoke a discretionary permit is in addition to any other remedy allowed by law. [Source: 18.135.040.G]
18.185.05018.185.060 Public Hearing and Other Violations If the Zzoning Aadministrator has reason to believe a violation of this Ttitle exists, the Zzoning Aadministrator may direct the violator or property owner and violatoror both to appear before the Zzoning Aadministrator to show cause why the Ccity should not proceed with enforcement action.
Notice of the possible violation and the time and place of the hearing shall be mailed to the violator or property owner and violator and any other interested person at least 10 calendar days before the public hearing. The contents of the notice shall be as set forth in PHMC Chapter 18.80. [Source: 18.135.050] At the public hearing, the Zzoning Aadministrator shall consider the testimony of the Ccity staff, the violator, the property owner and any other interested person. The Zzoning Aadministrator may make a finding as to whether or not a violation of this Ttitle exists, and may recommend to the City staff and to
10.2.j
Packet Pg. 985
Chapter 18.185 Enforcement
32 the property owner one or more courses of action. The Zzoning Aadministrator may , in his or her discretion, refer the matter directly to the Pplanning Ccommission. [Source: 18.135.050]
18.185.06018.185.070 Penalties
A person who violates a provision of this Ttitle, including the failure to secure a zoning permit or comply with a condition of approval, is subject to the criminal penalties set forthestablished in PHMC Chapter
1.30 (Criminal Penalties – Infraction Citations) of the Municipal Code. Payment of a fine or penalty does not relieve a person from the responsibility of correcting the violation. [Source: 18.135.060]
18.185.07018.185.080 Notice of Violation
A. If property in the Ccity exists in violation of this Ttitle, and the violator or property owner and violator fails or refuses to correct the violation, the Ccity may record a notice of violation against the affected property. [Source: 18.135.070.A]
B. Before recording such a notice, the Ccity shall do all of the following: [Source: 18.135.070.B]
1. The Zzoning Aadministrator shall send written notice to the current property owner and violator that a violation exists and request that the owner correct the violationthe violation be corrected within a specific, reasonable period of time. The Zzoning Aadministrator may , in his or her discretion, send more than one notice and conduct an informal show cause hearing to discuss the violation with the property owner and violator. [Source: 18.135.070.B.1]
2. If the property owner or violator fails or refuses to correct the violation within the time specified, the Zzoning Aadministrator shall mail to the propertycurrent owner and violator by regular first class and by certified mail a notice of intention to record a notice of violation, describing the real property in detail, naming the property owner(s), describing the violation in detail (including relevant Mmunicipal Ccode sections), and stating that an opportunity will be given to the property owner and violator to present evidence. The notice shall specify a time, date, and place for a Pplanning Ccommission public hearing at which the owner may present evidence to the planning commissionas to why the notice should not be recorded. The public hearing shall take place no sooner than 30 calendar days and no later than 60 calendar days from the date of mailing. [Source: 18.135.070.B.2]
3. The Pplanning Ccommission shall hear the matter on the date scheduled. If, after the property owner, andviolator, and the Ccity staff have presented evidence, the Planning Ccommission determines that there is no violation, the Zzoning Aadministrator shall mail a clearance letter to the propertycurrent owner and violator. If the property owner and violator fails to appear, or the Planning Ccommission determines that there is a violation, the Planning Ccommission may, by resolution, direct the Zzoning Aadministrator to record the notice of violation with the Ccounty Rrecorder’s Office. [Source: 18.135.070.B.3]
4. The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in the property, under California Civil Code Ssections 1213 and 1215. [Source: 18.135.070.B.4]
10.2.j
Packet Pg. 986
Part 5 – Zoning Ordinance Administration Chapter 18.185 Revised Preliminary Draft – October 2024
33 5. If the property owner and violator corrects the violation after the notice has been recorded and has notified the Ccity in writing and consented to an inspection to confirm the correction, the Zzoning Aadministrator shall record a release or cancellation of the notice of violation. [Source: 18.135.070.B.5]
10.2.j
Packet Pg. 987
Chapter 18.190 Nonconforming Provisions
34 Chapter 18.190
Nonconforming Provisions
10.2.j
Packet Pg. 988
Part 5 – Zoning Ordinance Administration Chapter 18.190 Revised Preliminary Draft – October 2024
35 Chapter 18.190 Nonconforming Provisions
Sections
18.190.010 Purpose and Applicability
18.190.020 Determination and Proof of Nonconforming Status
18.190.030 Nonconforming Lots
18.190.040 Nonconforming Structures
18.190.050 Nonconforming Uses
18.190.060 Nonconforming Signs
18.190.010 Purpose and Applicability
A. Purpose. The Chapter provides provisions for the continuance, maintenance, and repair of nonconformities under specific circumstances. [Source: NEW] B. Intent. The provisions of this Chapter are intended to:
1. Limit the number and extent of nonconformities existing at the time of adoption of this Title or created by the adoption of this Title; [Source: NEW]
2. Limit the extent to which nonconforming lots, structures, uses, and signs are altered, maintained, repaired, reestablished, and/or continued; and [Source: NEW]
1.3. Ensure that nonconformities do not create any health, life, and/or safety issues. [Source: NEW]
18.190.020 Determination and Proof of Nonconforming Status Property Owner’s Responsibility. The property owner has the burden to provide evidence of the legality of the nonconformity. Said evidence may include, but is not limited to, a previously approved land use entitlement from the City, business license, certificate of occupancy, or utility billing records. [Source:
NEW]
18.190.02018.190.030 Nonconforming Parcels and Lots
A legally created lot having a width or area less than required for the base zoning district standards in which it islot is located may be occupied by a permitted or conditionally permitted use if it has a width of 25 feet or more and an area of 2,500 square feet or more; provided, that on the effective date of regulations that made it substandard, it was in single ownership separate from any abutting lot. No substandard lot may be further reduced in area or width, and a substandard lot is subject to the same yard setback and density requirements as a standard lotestablished by the base zoning district. One dwelling unit may be located on a substandard lot that meets the requirements of this Ssection. [Source:
18.50.030]
10.2.j
Packet Pg. 989
Chapter 18.190 Nonconforming Provisions
36 18.190.03018.190.040 Nonconforming Structures
A. Continuation and Mmaintenance. A structure that was lawfully erected but which does not conform with the currently applicable requirements and standards for setbacksyard spaces, height of structure, or distance between structures prescribed established by the base zonein the district regulations is a nonconforming structure and may be used and maintained, except as otherwise provided in this Cchapter. A nonconforming structure is also subject to the e Uniform Building Code, Section 104(c) and PHMC § 18.20.040.D. and all other applicable provisions established in this Title [Source: 18.65.030.A] B. General Rregulations. The following regulations apply to each nonconforming structure:
[Source: 18.65.030.B]
1. Routine maintenance and repairs may be performed on a nonconforming structure. [Source: 18.65.030.B.1]
2. No nonconforming structure shall be altered or enlarged unless required by law, or unless the alteration or enlargement conforms to the standards of the base zoning district in which the structure is located. [Source: 18.65.030.B.2]
3. An applicant for a Zzoning Ppermit in a nonresidential zoning district for occupancy of a site or structure that is nonconforming due to lack of one of the following shall present a schedule for elimination or substantial reduction of these nonconformities over a period not exceeding five years. The zoning administrator may require that priority be given to elimination of nonconformities that have a significant adverse impact on surrounding properties and shall not require a commitment to remove nonconformities that have a minor impact and would be costly to eliminate due to the configuration of the site and the location of existing structures. [Source: 18.65.030.B.3]:
a. screening of mechanical equipment;
b. required walls or fences to screen parking;
c. required paving for driveways; or
a.d. required planting areas.; shall present a schedule for elimination or substantial reduction of these nonconformities over a period not exceeding five years. The zoning administrator may require that priority be given to elimination of nonconformities that have a significant adverse impact on surrounding properties, and shall not require a commitment to remove nonconformities that have a minor impact and would be costly to eliminate due to the configuration of the site and the location of existing structures. [Source: 18.65.030.B.3] C. Restoration. [Source: 18.65.030.C]
1. If a nonconforming structure is destroyed by fire or other calamity or is voluntarily razed or is required by law to be razed, to the extent of 50 percent% or less, the structure may be restored (and the nonconforming use resumed); provided, that restoration is started within six months and diligently pursued to completion. [Source: 18.65.030.C.1]
2. If a nonconforming structure is destroyed by fire or other calamity or is voluntarily razed or is required by law to be razed, to an extent greater than 50 percent%, the structure
10.2.j
Packet Pg. 990
Part 5 – Zoning Ordinance Administration Chapter 18.190 Revised Preliminary Draft – October 2024
37 shall not be restored except in full conformity with the regulations for the base zoning district in which it is located. However, a residential structure in an residential zoning district that does not conform to yard setbacks, height, or number of stories, or a residential garage that does not conform to the minimum dimensional limits may be reconstructed with the same floor area, provided there is no increase in any nonconformity, and upon issuance of a Uuse Ppermit by the zoning administrator.in compliance with Chapter 18.xx (Use Permits). [Source: 18.65.030.C.2]
3. The extent of damage or partial destruction under Ssubsection C.1 or C.2 of this Ssection shall be based upon the ratio of the estimated cost of restoring the structure to its condition before the damage or partial destruction to the estimated cost of duplicating the entire structure as it existed before the damage or partial destruction.
Estimates for this purpose shall be made by or shall be reviewed and approved by the Bchief building Oofficial. [Source: 18.65.030.C.3]
4. Notwithstanding the requirements of this Ssubsection C, a structure, or any portion of it, which is legally existing as of February 24, 2010, and which is located within a creek setback area under PHMC § 18.50.150.Aestablished in Chapter 18.__ (Creek Setbacks) may be replaced in kind if the property owner obtains a Bbuilding Ppermit within 18 months (within the same building footprint and without increasing the degree of nonconformity) without the requirement of a Uuse Ppermit under this section. [Source: 18.65.030.C.4]
5. Notwithstanding the requirements of PHMC § 18.20.050standards established in Section 18.xxx.xxx (Accessory Structure), an accessory structure, or any portion of it, which is legally existing as of September 28, 2011, which exceeds the allowable height and/or size only, may be replaced or reconstructed in kind without the requirement of a Uuse Ppermit under this section (refers to the nonconforming structure provisions of the zoning ordinance) if the property owner obtains a Bbuilding Ppermit within 18 months of the voluntary or involuntary destruction of the structure; and provided, that the replacement structure will not exceed the height, floor area, lot coverage, or otherwise increase the degree of nonconformity of the original structure. [Source:
18.65.030.C.5]
6. Notwithstanding the requirements of this Ssubsection C, a care facility, large, licensed or unlicensed, which is legally existing within any single-family residential zone district as of June 20, 2012, may be replaced in kind if the property owner obtains a Bbuilding Ppermit within 18 months (within the same building footprint and without increasing the degree of nonconformity or intensity of use) without the requirement of a Uuse Ppermit under this section. [Source: 18.65.030.C.6]
18.190.04018.190.050 Nonconforming Uses
A. Continuation and Mmaintenance. Use of a structure or land that was lawfully established and maintained, but which does not conform to current use regulations is a nonconforming use and may be continued, except as otherwise provided in this Cchapter. [Source: 18.65.020.A]
10.2.j
Packet Pg. 991
Chapter 18.190 Nonconforming Provisions
38 B.A. A use that does not conform with the parking dimension standards, loading, planting area, or screening regulations of the base zoning district in which it is located is not deemed a nonconforming use solely because of these nonconformities. [Source: 18.65.020.A] C.B. General Rregulations. The following regulations apply to each nonconforming use: [Source:
18.65.020.B]
1. There may be no increase or enlargement of the area, space, or volume occupied and used. [Source: 18.65.020.B.1]
2. There may be no change in the nature or character of the nonconforming use. [Source:
18.65.020.B.2]
3. If the nonconforming use is replaced by a conforming use, the nonconforming use is automatically terminated. [Source: 18.65.020.B.3]
4. If the nonconforming use discontinues active operation for a continuous period of 180 calendar days, the nonconforming use terminates and the facilities accommodating or serving such activity shall thereafter be utilized used only for uses permitted or conditionally permitted by the base zoning district. This provision does not apply to a nonconforming dwelling unit. [Source: 18.65.020.B.4] D.C. Modification of Ggeneral Rregulations. The regulations in Subsection B of this Section may be modified upon the issuance of a Use Permit in compliance with Chapter 18.XXX (Use Permits and Minor Use Permits), if the modification will result in the elimination or substantial reduction of the nonconformity. [Source: 18.65.020.C]
E.D. Restoration. A nonconforming use located in a nonconforming building may be resumed after the destruction of the nonconforming building if the nonconforming building is restored in compliance with Subsection 18.190.040.C (Restoration). [Source: 18.65.020.D] F.E. Revocation of Nonconforming Use. The Planning Commission may revoke the nonconforming use granted by Subsection A of this Section if it makes any of the following findings: [Source:
18.65.020.E]
1. The use is exercised so as to be detrimental to the public health or safety, or so as to be a public nuisance. [Source: 18.65.020.E.1]
2. The nature of the improvements are such that they can be altered so as to permit the use of the property in conformity with the uses permitted in the land use district in which the property is located without impairing the constitutional rights of the owner or occupant. [Source: 18.65.020.E.2]
3. The improvement which exists on the property is such that to require the property to be used only for uses permitted in the applicable land use district would not impair the constitutional rights of the owner or occupant. [Source: 18.65.020.E.3]
18.190.05018.190.060 Nonconforming Signs
A. Continuation. A nonconforming sign or sign structure that was lawfully erected or displayed but that does not conform with currently applicable requirements is a nonconforming sign and may be displayed, except as otherwise provided in this Cchapter. [Source: 18.65.040.A]
10.2.j
Packet Pg. 992
Part 5 – Zoning Ordinance Administration Chapter 18.190 Revised Preliminary Draft – October 2024
39 B. General Rregulations. The following regulations apply to each nonconforming sign: [Source:
18.65.040.B]
1. No nonconforming sign shall be moved or enlarged unless the new location or enlargement conforms to the regulations for the zoning district in which the sign is located. [Source: 18.65.040.B.1]
2. A nonconforming sign that has been more than 50 percent% destroyed shall be removed. A nonconforming sign that has been less than 50 percent% destroyed, as determined by the Bchief building Oofficial (and the destruction is other than facial copy replacement), may be restored if construction begins within 90 calendar days of destruction. If construction does not begin within 90 calendar days, the owner shall remove the sign. [Source: 18.65.040.B.2]
3. An owner of a nonconforming sign is required to make the sign conform to the requirements of this chapter if the owner proposes: [Source: 18.65.040.B.3] a. To alter the sign, other than a change in sign copy; or [Source:
18.65.040.B.3.a]
b. To expand or enlarge the building or land use where the sign is located, and the sign is affected by the construction, alteration or enlargement, and the cost of alterations to the sign exceeds 50 percent% of the replacement cost of the sign, as determined by the Bchief building Oofficial. [Source: 18.65.040.B.3.b]
10.2.j
Packet Pg. 993
Chapter 18.195 Noticing Requirements
40 Chapter 18.195
Noticing Requirements
10.2.j
Packet Pg. 994
Part 5 – Zoning Ordinance Administration Chapter 18.195 Revised Preliminary Draft – October 2024
41 Chapter 18.195 Noticing Requirements
Sections
18.195.010 General Notice Requirements
18.195.020 Contents of Notice
18.195.030 Summary of Notice Requirements
18.195.010 General Notice Requirements
A. A. General. Whenever a public hearing is required to be held, notice of the public hearing shall be given in accordance compliance with this Cchapter. These requirements are based on the statutory requirements found atestablished in Government Code Ssections 65090 and 65091.
Unless stated otherwise, notice must be given at least 10 calendar days before the public hearing. [Source: 18.80.010]
B. In addition to the notices sent to the applicant and other property owners under PHMC §
18.80.030, required by this Chapter and State law, notice shall also be mailed or delivered to any person who has filed a written request for notice with the Ccity Cclerk. The Ccity may charge a fee which is reasonably related to the cost of providing this service. Requests for notice must be renewed annually. [Source: 18.80.010]
C. Notice shall also be sent to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected. [Source: 18.80.010] D. The failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the actions of the Ccity for which the notice was given. [Source: 18.80.010] E. A public hearing conducted under this part in compliance with this Chapter and State law may be continued from time to time to a specific date and time, without additional notice. [Source:
18.80.010]
F. In addition to the notice requirements set forth here, the The Zzoning Aadministrator may give notice of a public hearing in any other manner theyhe or she deems necessary or desirable, or when the decision will constitute a substantial and significant deprivation of the property rights of other landowners. [Source: 18.80.010]
18.195.020 Contents of Notice
When a notice of a public hearing is required, the notice shall include the following information: [Source:
18.80.020]
A. A general description (in text or by diagram) of the location of the property that is the subject of the hearing; [Source: 18.80.020.A]
B. A general explanation of the matter to be considered; [Source: 18.80.020.B]
10.2.j
Packet Pg. 995
Chapter 18.195 Noticing Requirements
42 C. The date, time, and place of the public hearing; [Source: 18.80.020.C] D. The identity of the hearing officer or body; [Source: 18.80.020.D] E. A reference to application materials on file for detailed information; [Source: 18.80.020.E] F. A statement that any interested person may appear and be heard; and [Source: 18.80.020.F] G. Other information which is required by statute or specific provisions of this chapter or which the zoning administrator deems necessary or desirable. [Source: 18.80.020.G]
18.195.030 Summary of Notice Requirements
A. Notice of a public hearing shall be given for a particular matter in compliance with Table 18.195- x (Summary of Notice Requirements). [Source: 18.80.030] B. All notices shall be published at least once in a newspaper of general circulation, at least 10 calendar days before the public hearing. [Source: 18.80.030] B.C. Alternative Noticing. In compliance with Government Code Section 65091, if the number of property owners to whom notice would be mailed is greater than 1,000, the City may instead provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation in the City, at least 10 calendar days before the hearing.
10.2.j
Packet Pg. 996
Part 5 – Zoning Ordinance Administration Chapter 18.195 Revised Preliminary Draft – October 2024
43 Table 18.195-__
Summary of Notice Requirements
Action Published
Notice
Notice Mailed to
Applicant
Notice Mailed to
Owners Within
300 Feet
Notice Mailed to
Residents
Within 300
Feet(1)
Adult Use
Development
PermitZoning
Permit
X– X– X– X–
Amendment,
Zoning Ordinance
X X X X
Amendment,
Zoning Map
X X X X
Architectural
Review Permit
– X – –
Creek Setback
Exception
– X X X
Development
Agreement
X X X –
Development Plan O X X X
Exception, Minor – X(34) X(34) X(34)
Home Occupation
Permit
O X X X
Master Sign
Program
– X – –
Sign Permit – X – –
Sign Permit,
Temporary
– – – –
Subdivision, Major O X X X
Subdivision, Minor O X X X
Use Permit O X X X
Use Permit, Minor – X X –
Use Permit,
Temporary
– O O –
Variance X X X X
Variance, Minor – X X –
Wireless
Communication
Facility “Section
6409(a)” Permit
– X X –
Zoning Permit – – – –
(-) Not Required
(X) Required
(O) Optional; if deemed significant by Zoning Administrator (1) Pursuant to Government Code section 65091, if the number of owners to whom notice would be mailed is greater than 1,000, the city may instead provide notice by placing a display advertisement of at least oneeighth page in a newspaper of general circulation in the city, at least 10 days before the hearing. (2) Notice shall be given to each resident within 300 feet of the applicant’s property, and to the applicant’s homeowner’s association, if there is one. However, if an apartment, condominium, or other multiple-family housing complex exists within the 300-foot radius, notice may be given only to the resident manager, management firm, or owner, in lieu of sending notice to each resident of the complex. (3) Pursuant to Health and Safety Codeection 1597.46(a)(3), the notice shall be sent only to owners within 100 feet of the exterior boundaries of the proposed use. (34) The Zzoning Aadministrator shall, within 20 calendar days after the application is deemed complete, notify all residents and property owners within 300 feet of the project site, and the Pplanning Ccommission and Ccity Ccouncil, that a decision will be made by the Zzoning Aadministrator to approve or denydisapprove the Mminor Eexception application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision. When a hearing is requested, notice of the hearing shall be provided in complianceaccordance with this Cchapter. When multiple applications are submitted for a single site in conjunction with a request for a minor exception, and when any of these applications require planning commission review, the zoning administrator shall schedule a combined public hearing for all of the applications before the planning commission.
10.2.j
Packet Pg. 997
Chapter 18.195 Noticing Requirements
44 10.2.j
Packet Pg. 998
1 18 – Zoning Code
Part 5 – Zoning Ordinance
Administration
REVISED PRELIMINARY DRAFT
OCTOBER 2024
Table of Contents
CHAPTER 18.165 GENERAL PROVISIONS ................................................................................... 4
18.165.010 General........................................................................................................................... 4
18.165.020 Review and Approval Authority ...................................................................................... 4
18.165.030 Projects with Multiple Discretionary Permit Applications ............................................... 5
18.165.040 Completeness of Application.......................................................................................... 5
18.165.050 Environmental Review ................................................................................................... 6
18.165.060 Fees and Deposits ......................................................................................................... 8
18.165.070 City Indemnification........................................................................................................ 8 CHAPTER 18.170 AMENDMENTS – GENERAL PLAN, ZONING ORDINANCE, AND ZONING MAP 11
18.170.010 Purpose and Applicability............................................................................................. 11
18.170.020 Application and Initiation of Amendments.................................................................... 11
18.170.030 Report – Notice and Public Hearing............................................................................. 12
18.170.040 Action ........................................................................................................................... 12
18.170.050 Findings........................................................................................................................ 14
18.170.060 Resubmittal of Application............................................................................................ 14 CHAPTER 18.175 APPEALS AND CALLS FOR REVIEW............................................................ 17
18.175.010 Purpose ........................................................................................................................ 17
18.175.020 Right to Appeal, Call for Review, Time Limits.............................................................. 17
18.175.030 Initiation ........................................................................................................................ 17
18.175.040 Procedures ................................................................................................................... 18
18.175.050 Effective Date............................................................................................................... 18
10.2.k
Packet Pg. 999
Chapter 18.165 General Provisions
2 CHAPTER 18.180 DEVELOPMENT AGREEMENT....................................................................... 20
18.180.010 Purpose ........................................................................................................................ 20
18.180.020 Interpretation of Development Agreement Provisions ................................................. 20
18.180.030 Eligibility Requirements................................................................................................ 20
18.180.040 Agreement Contents .................................................................................................... 21
18.180.050 Filing, Processing, and Review .................................................................................... 22
18.180.060 Action ........................................................................................................................... 23
18.180.070 Findings........................................................................................................................ 24
18.180.080 Annual Review ............................................................................................................. 24
18.180.090 Amendment or Cancellation......................................................................................... 25
18.180.100 Administration............................................................................................................... 25 CHAPTER 18.185 ENFORCEMENT............................................................................................... 27
18.185.010 Purpose and Intent....................................................................................................... 27
18.185.020 Public Nuisance............................................................................................................ 27
18.185.030 Permits, Licenses, Certificates, and Approvals............................................................ 27
18.185.040 Enforcement Responsibilities....................................................................................... 27
18.185.050 Revocation or Modification of Discretionary Permits ................................................... 27
18.185.060 Public Hearing and Other Violations ............................................................................ 28
18.185.070 Penalties....................................................................................................................... 28
18.185.080 Notice of Violation ........................................................................................................ 29 CHAPTER 18.190 NONCONFORMING PROVISIONS.................................................................. 31
18.190.010 Purpose and Applicability............................................................................................. 31
18.190.020 Determination and Proof of Nonconforming Status ..................................................... 31
18.190.030 Nonconforming Lots ..................................................................................................... 31
18.190.040 Nonconforming Structures ........................................................................................... 32
18.190.050 Nonconforming Uses.................................................................................................... 33
18.190.060 Nonconforming Signs................................................................................................... 34 CHAPTER 18.195 NOTICING REQUIREMENTS........................................................................... 37
18.195.010 General Notice Requirements...................................................................................... 37
18.195.020 Contents of Notice........................................................................................................ 37
18.195.030 Summary of Notice Requirements ............................................................................... 38
10.2.k
Packet Pg. 1000
Part 5 – Zoning Ordinance Administration Chapter 18.165 Revised Preliminary Draft – October 2024
3 Chapter 18.165
General Provisions
10.2.k
Packet Pg. 1001
Chapter 18.165 General Provisions
4 Chapter 18.165 General Provisions
Sections
18.165.010 General
18.165.020 Review and Approval Authority
18.165.030 Projects with Multiple Discretionary Permit Applications
18.165.040 Completeness of Application
18.165.050 Environmental Review
18.165.060 Fees and Deposits
18.165.070 City Indemnification
18.165.010 General
Part 5 (Zoning Ordinance Administration) establishes the general administrative authority and procedures for decision making of this Zoning Ordinance. It includes general administrative provisions and notice and hearing requirements; procedures for obtaining a Zoning Permit; requirements for various discretionary approvals: Development Plans, Use Permits, Temporary Use Permits, Variances, Development Agreements and Zoning Ordinance Amendments; and provisions for appeals and enforcement. [Source: 18.75.010]
18.165.020 Review and Approval Authority
A. Zoning Administrator. The Zoning Administrator has the authority to approve: Zoning Permits; Minor Use Permits; Minor Variances; Minor Subdivisions (under the Subdivision Ordinance – Title 17); Temporary Use Permits, Section 6409(a) permits, and Sign Permits; Home Occupation Permits; and certain Architectural Review Permits. With the exception of Section 6409(a) permits, the Zoning Administrator may refer any of these applications directly to the Planning Commission. The Zoning Administrator makes recommendations regarding Zoning Ordinance amendments, development agreements, and any other discretionary approval to be considered by another approval body. [Source: 18.75.020.A] B. Architectural Review Commission. The Architectural Review Commission has the authority to approve Architectural Review Permits, except for certain limited permits which may be approved by the Zoning Administrator. [Source: 18.75.020.B] C. Planning Commission. The Planning Commission has the authority to approve applications for Development Plans, Use Permits and Variances (except for Minor Use Permits and Minor Variances which are considered by the Zoning Administrator) and to make recommendations to the City Council regarding Zoning Ordinance Amendments and Development Agreements.
The Planning Commission also hears appeals from decisions of the Zoning Administrator. The Planning Commission has the authority to approve Major Subdivisions (under the Subdivision Ordinance – Title 17). [Source: 18.75.020.C]City Council. The City Council has the authority to approve Development Agreements and Zoning Ordinance Amendments. The City Council
10.2.k
Packet Pg. 1002
Part 5 – Zoning Ordinance Administration Chapter 18.165 Revised Preliminary Draft – October 2024
5 hears appeals from the Planning Commission and the Architectural Review Commission. [Source: 18.75.020.D]
D. Additional Permits May Be Required. A land use or development project must comply with all applicable permit requirements or exemptions under this Zoning Ordinance, the Municipal Code, and any relevant permits from other agencies. All necessary permits shall be secured before initiating any work, establishing a new use, or as otherwise specified by law. [Source:
NEW]
E. Appeals. All actions taken in this Section, except for those actions taken by City Council, are subject to Chapter 18.175 (Appeals and Calls for Review). [Source: 18.75.020]
18.165.030 Projects with Multiple Discretionary Permit Applications A. Actions Subject to Zoning Administrator and/or Architectural Review Commission Review. For projects requiring a discretionary permit approval from the Planning Commission and/or City Council in conjunction with approval of an entitlement from the Zoning Administrator and/or Architectural Review Commission, the Planning Commission and/or City Council shall be the final decision-maker and any action of the Zoning Administrator and/or Architectural Review Commission shall be considered advisory to the Planning Commission and/or City Council. [Source: 18.105.030.D, 18.115.030.F]
B. Multiple Entitlement Applications. When multiple entitlement applications requiring consideration from the same authority are filed simultaneously, a combined public hearing to review them together may be scheduled. [Source: 18.95.020, 18.90.030.B]
18.165.040 Completeness of Application
A. Initial Application. Within 30 calendar days after the City has received an application for a development project, the City shall determine in writing whether the application is complete and shall immediately transmit the determination to the applicant. If the application is determined not to be complete, the City’s determination shall specify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed. [Source: 18.75.030.A] If the determination is not made within 30 calendar days, and the application includes a statement that it is an application for a development permit (see Government Code Sections 65927 and 65943), the application shall be deemed complete. [Source: 18.75.030.A] B. Resubmittal. Except as may otherwise be required by law, upon any resubmittal of an application determined not to be complete, a new 30 calendar day period shall begin for determining whether the application is complete. The City shall determine in writing whether the resubmitted materials are complete and shall notify the applicant. If the written determination is not made within that 30 calendar day period, the application together with the submitted materials shall be deemed complete. Applications for wireless telecommunications facilities shall be subject to the resubmittal requirements established in applicable Federal and State law. [Source: 18.75.030.B]
C. Time Period Extensions. Nothing in this Section precludes an applicant and the City from mutually agreeing to extend any time period provided by this Chapter. [Source: 18.75.030.C]
10.2.k
Packet Pg. 1003
Chapter 18.165 General Provisions
6 18.165.050 Environmental Review
A. Purpose. The purpose of this Section is to comply with the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et seq.) and the Permit Streamlining Act (Government Code Section 65920 et seq.) which mandates local agencies to establish criteria and procedures for the evaluation of projects and the preparation of environmental impact reports, and negative declarations, and the review timeframes thereof. The purpose of this review is to help the City decide if the proposed project is subject to environmental review and, if so, which issues may require analysis. [Source: NEW] B. Applicability. Each application for a discretionary entitlement by the City is subject to the requirements of CEQA, the State CEQA Guidelines, the City’s CEQA Guidelines, and the provisions of this Section. [Source: 18.75.040, modified] C. Review Authority. The highest decision-making review authority for the entitlement shall also have the authority to review and make the related CEQA finding. [Source: NEW] D. Review Procedures. Procedures for environmental review associated with a proposed project or application shall comply with the following:
1. Initial Review.
a. Within 30 calendar days of the submittal of a discretionary permit application, the Zoning Administrator shall determine if the application is complete in compliance with Section 18.165.xxx (Completeness of Application). [Source:
NEW]
b. An application subject to environmental review shall not be considered complete until the applicant has submitted all studies and other documentation the Zoning Administrator has deemed necessary to make an environmental determination. [Source: NEW]
2. Exempt Projects.
a. If the responsible review authority has determined that a project is exempt from environmental review under CEQA, such determination shall be supported with necessary written findings and substantial evidence and included in any public notice required for the project. The notice shall include a citation to the applicable statute or CEQA Guideline section under which it is found to be exempt. [Source: NEW]
b. Within 60 calendar days after adoption of the project is determined exempt from CEQA, the applicable review authority shall approve, approve with modifications, or deny the project. This period may be extended for up to 90 calendar days with a written agreement between the City and applicant. The CEQA determination and the review authority’s formal action on the land use or entitlement may be heard at the same public hearing. See Government Code Section 65950(a)(5). [Source: NEW]
c. Following approval of a project that is exempt from CEQA review, the Zoning Administrator or the applicant may file a Notice of Exemption with the County
10.2.k
Packet Pg. 1004
Part 5 – Zoning Ordinance Administration Chapter 18.165 Revised Preliminary Draft – October 2024
7 Clerk’s Office. The applicant for a project shall be responsible for any fees required to file such notice. [Source: NEW]
3. Non-Exempt Projects. If the proposed project is not exempt from environmental review, the applicant shall submit necessary information as determined by the Zoning Administrator. Upon submittal, the Zoning Administrator shall prepare or cause the preparation of an Initial Study at the applicant's expense in compliance with Section
18.165.050.E. (Preparation of an Initial Study). [Source: NEW] E. Preparation of an Initial Study. An Initial Study required by this Section shall comply with the following:
1. Within 30 calendar days after an application is deemed complete, the Zoning Administrator shall determine whether to require preparation of an Environmental Impact Report (EIR), Negative Declaration, or Mitigated Negative Declaration or whether the project is within the scope of a Master EIR, or other appropriate document authorized by CEQA. The 30-calendar day time limit for completing the environmental study determination may be extended by 15 calendar days with a written agreement between the City and applicant. [Source: NEW]
2. Following completion of the Initial Study, the Zoning Administrator shall notify the applicant in writing of changes to the project deemed necessary to reduce or avoid any significant effects or revise the project to reduce its impacts to less than significant identified in the Initial Study. [Source: NEW]
3. Within 30 calendar days following the date of the notification described above, the applicant shall provide written notification to the Zoning Administrator indicating that the proposed modifications are acceptable or shall propose alternative measures that will achieve the same result. If the applicant does not agree to revise the project, an EIR shall be prepared. Alternatively, if the applicant does not respond to letter, the application shall be terminated by the City. [Source: NEW]
4. Based on the Initial Study, the Zoning Administrator shall make one of the following findings and prepare the appropriate environmental documentation as established:
a. The project will have "no significant impacts" on the environment, and a Negative Declaration will be prepared in compliance with CEQA and Subsection 18.165.050.F (Preparation of Negative Declarations); b. The project has been modified to mitigate potential environmental impacts to a level of insignificance and a Mitigated Negative Declaration will be prepared in compliance with CEQA and Subsection 18.165.050.F (Preparation of Negative Declarations);
c. The project is within the scope of a Master EIR or other appropriate document authorized by CEQA, no additional significant environmental effect will result, and no additional mitigation measures or alternatives may be required; or
10.2.k
Packet Pg. 1005
Chapter 18.165 General Provisions
8 d. The proposed project will have, or may have, significant impact(s) and an EIR will be prepared in compliance with CEQA and Subsection 18.165.050.G (Preparation of EIRs).
F. Preparation of Negative Declarations. A Negative Declaration or Mitigated Negative Declaration required by this Section shall comply with the following:
1. Negative Declarations and Mitigated Negative Declarations shall be adopted 180 calendar days after the Zoning Administrator deems the application complete.
Additional time to complete the Negative Declaration or Mitigated Negative Declaration may be allowed by ordinance or resolution if justified by compelling circumstances and the applicant consents thereto. The Negative Declaration or Mitigated Negative Declaration shall be adopted, modified, or not adopted before formal action is taken on the proposed land use or development project. [Source: NEW]
2. Within 60 calendar days after adoption of the Negative Declaration or Mitigated Negative Declaration (or a determination that the project is exempt from CEQA), the applicable review authority shall approve, conditionally approve, or deny the project.
This period may be extended for up to 90 calendar days with a written agreement between the City and applicant. [Source: NEW]
3. In compliance with CEQA Guidelines Section 15109, any unreasonable delay by the applicant in meeting requests necessary for the preparation of the Negative Declaration or Mitigated Negative Declaration may serve to delay the approval period, or even result in project disapproval. [Source: NEW]
G. Preparation of EIRs. An EIR required by this Section shall comply with the following:
1. An EIR for a private (i.e., non-government) project shall be certified within 12 months from the date the application is deemed complete. An additional 90 calendar days to certify the EIR may be allowed by ordinance or resolution if justified by compelling circumstances and the applicant consents. [Source: NEW]
2. Development projects must be approved, denied or conditionally approved within 180 calendar days from the date of EIR certification. This period may be extended once for up to 90 calendar days. [Source: NEW]
3. If, however, the decision to certify the EIR is not made within the 12 months after the application is deemed complete but is extended in compliance with Public Resources Code Section 21151.5, the applicable review authority shall decide whether to approve or deny the project within 90 calendar days after EIR certification. This period may be extended once for up to 90 calendar days. [Source: NEW]
18.165.060 Fees and Deposits
Each person applying for a permit, or filing an appeal, under this Chapter shall pay the required fees and deposits as established by the Master Fee Schedule. [Source: 18.75.050]
18.165.070 City Indemnification
Each applicant shall indemnify, hold harmless and pay for the defense of the City, (including its agents, officers and employees) as a result of any claim, action, or proceeding to challenge a decision of the
10.2.k
Packet Pg. 1006
Part 5 – Zoning Ordinance Administration Chapter 18.165 Revised Preliminary Draft – October 2024
9 Zoning Administrator, Architectural Review Commission, Planning Commission, City Council, or any officer, department, commission, or committee of the City, concerning an entitlement, permit or approval granted under this Title. . [Source: 18.75.060]
10.2.k
Packet Pg. 1007
Chapter 18.170 Amendments – General Plan
Zoning Ordinance, and Zoning Map
10 Chapter 18.170
Amendments – General Plan
Zoning Ordinance, and Zoning
Map
10.2.k
Packet Pg. 1008
Part 5 – Zoning Ordinance Administration Chapter 18.170 Revised Preliminary Draft – October 2024
11 Chapter 18.170 Amendments – General Plan, Zoning
Ordinance, and Zoning Map
Sections
18.170.010 Purpose and Applicability
18.170.020 Application and Initiation of Amendments
18.170.030 Report – Notice and Public Hearing
18.170.040 Action
18.170.050 Findings
18.170.060 Resubmittal of Application
18.170.010 Purpose and Applicability
This Chapter establishes the procedures for amending the General Plan in compliance with Government Code Section 65350 et seq., and Zoning Ordinance, including changes to zoning districts and the Zoning Map, in compliance with Government Code Section 65853 et seq. The purpose of these procedures is to ensure a structured and transparent approach to modifying the General Plan, zoning regulations, and zoning districts, aligning them with the City’s planning objectives, and community needs.. [Source: 18.125.010]
18.170.020 Application and Initiation of Amendments
A. General Plan. An amendment to the General Plan shall be applied for and initiated as follows:
1. Application and Initiation. An amendment to the Geneal Plan may be initiated by motion of the City Council or Planning Commission, action of the Zoning Administrator, or by request of any resident, property owner or business owner in the City. A General Plan amendment shall be initiated by submitting a complete application to the Zoning Administrator in the form approved by the Planning Division. [Source: NEW]
2. Maximum Number of General Plan Amendments. In compliance with Government Code Section 65358 et seq., no mandatory element of the General Plan shall be amended more frequently than four times during any calendar year. Subject to that limitation, the General Plan amendment may be made at any time, as determined by the City. Each amendment may include more than one change to the General Plan. [Source: NEW]
B. Zoning Map. An amendment to the Zoning Map may be initiated by motion of the City Council or Planning Commission, action of the Zoning Administrator, or by request of all owners of the property for which the change is sought. A Zoning Map amendment shall be initiated by submitting a complete application to the Zoning Administrator in the form approved by the Planning Division. [Source: 18.125.020.A]
10.2.k
Packet Pg. 1009
Chapter 18.170 Amendments – General Plan
Zoning Ordinance, and Zoning Map
12 C. Zoning Ordinance. An amendment to the Zoning Ordinance may be initiated by motion of the City Council or the Planning Commission, action of the Zoning Administrator, or by request of any resident, property owner or business owner in the City. A Zoning Ordinance amendment shall be initiated by submitting a complete application to the Zoning Administrator in the form approved by the Planning Division. [Source: 18.125.020.B] D. Modification of Application Requirements. The Zoning Administrator may add or waive the submission of application materials or information to determine compliance with the General Plan and Zoning Ordinance. [Source: NEW]
18.170.030 Report – Notice and Public Hearing
A. Determination of Completeness. After a General Plan, Zoning Ordinance, or Zoning Map amendment application is submitted, the Zoning Administrator shall determine whether the application is complete and shall notify the applicant of the determination, including (if appropriate) a description of why the application is incomplete and any additional information that may be required. [Source: NEW]
B. Report. After a submitted application is deemed complete; the Zoning Administrator shall prepare separate reports for the Planning Commission and City Council containing the Zoning Administrators analysis and recommendation. The report(s) shall describe the geographical area or applicable General Plan or Zoning Ordinance provision(s) to be considered for amendment and, if warranted, propose alternative amendments. [Source: 18.125.040.A] C. Notice and Public Hearing. The responsible review authority shall hold a public hearing on an application for General Plan, Zoning Ordinance, or Zoning Map amendment and shall notice such meeting in compliance with Chapter 18.195 (Notice Requirements). In compliance with Section 18.XX.XXX (Projects with Multiple Discretionary Permit Applications), the Planning Commission may schedule a combined public hearing on multiple applications for Zoning Ordinance and Zoning Map amendments. [Source: 18.125.040.B]
18.170.040 Action
A. Planning Commission Recommendation [Source: 18.125.050]
1. Public Hearing. In compliance with Government Code Sections 65353 et seq. and 65853, at the public hearing, the Planning Commission shall consider the report from the Zoning Administrator, including the Zoning Administrator’s recommendation, and shall hear evidence for and against the proposed General Plan, Zoning Ordinance or Zoning Map amendment. The Planning Commission may continue the public hearing to a definite date and time without additional notice. [Source: 18.125.050.A]
2. Recommendation to City Council. Following the public hearing, the Planning Commission shall forward a written recommendation, including findings, to the City Council whether to recommend approval, approval in modified form, or denial of the proposed amendment, based on the findings identified in Section 18.170.xxx (Findings and Decision). [Source: 18.125.050.B]
3. Result of Planning Commission Denial. A Planning Commission recommendation of denial of an application for a Zoning Ordinance or Zoning Map amendment submitted
10.2.k
Packet Pg. 1010
Part 5 – Zoning Ordinance Administration Chapter 18.170 Revised Preliminary Draft – October 2024
13 by request terminates the proceedings, unless appealed in compliance with Chapter
18.xxx (Appeals and Calls for Review). However, when an application is combined with a General Plan amendment, the Planning Commission recommendation of a denial shall be automatically referred to the City Council for final action and does not require an appeal. All other Planning Commission actions on proposed Zoning Ordinance or Zoning Map amendments are automatically referred to the City Council. [Source:
18.125.050.C]
B. City Council Action.
1. Hearing Date and Notice. The Zoning Administrator shall set a public hearing before the City Council within 60 calendar days after the date of the Planning Commission recommendation. Notice of the public hearing shall comply with Chapter 18.xx (Notice Requirements). [Source: 18.125.060.A]
2. Public Hearing. At the public hearing, the City Council shall consider the Planning Commission’s recommendation and hear evidence for and against the proposed General Plan, Zoning Ordinanc,e or Zoning Map amendment. The City Council may continue the public hearing to a definite date and time without additional notice. [Source: 18.125.060.B]
3. City Council Decision. The City Council shall approve, approve with modifications, or deny the proposed General Plan, Zoning Ordinance, or Zoning Map amendment based on the findings identified in Section 18.170.xxx (Findings and Decision). [Source:
18.125.060.C]
4. Referral to Planning Commission.
a. City Council Referral for Further Study.
i. When City Council requests the Planning Commission to further study and report on a proposed amendment, the Planning Commission shall study and submit a report to City Council within 60 calendar days after the referral. The City Council may establish a longer reporting period at their discretion. [Source: 18.125.060.C, 18.125.080.A] ii. Upon receipt of the City Council referral, the Planning Commission shall conduct the required public hearing and notice the public hearing in compliance with Chapter 18.xxx (Noticing Requirements). iii. Failure of the Planning Commission to report back to the City Council within the specified time period shall be deemed that the Planning Commission’s recommendation is for approval of the amendment in compliance with Government Code Sections 65356 and 65853. [Source: 18.125.060.C, 18.125.080.A]
b. City Council Referral for Information not Previously Considered. i. If the City Council proposes to adopt a substantial modification(s) to the proposed amendment not previously considered by the Planning Commission, the proposed modification shall be first referred to the
10.2.k
Packet Pg. 1011
Chapter 18.170 Amendments – General Plan
Zoning Ordinance, and Zoning Map
14 Planning Commission for its recommendation, in compliance with Government Code Sections 65356 and 65857. [Source:
18.125.060.C, 18.125.080.A]
ii. The Planning Commission shall not be required to hold a public hearing on the referral. [Source: 18.125.060.C, 18.125.080.A] iii. Failure of the Planning Commission to report back to the City Council within 45 calendar days after the City Council referral, or a longer period as may be designated by the City Council, shall be deemed that the Planning Commission’s recommendation is for approval of the proposed amendment in compliance with Government Code Sections 65356 and 65857. [Source: 18.125.060.C, 18.125.080.A]
18.170.050 Findings
An amendment to the General Plan, Zoning Ordinance, or Zoning Map may be approved only if all the following findings are made, as applicable to the type of amendment. [Source: NEW] A. General Findings. The following findings shall be made for all amendments:
1. The proposed amendment(s) complies with the provisions of the California Environmental Quality Act (CEQA). [Source: NEW]
2. The proposed amendment(s) complies with the limitations on residential rezoning established in Subsection 18.170.060.X (Limitation on Residential Rezoning). [Source:
18.125.060.C]
B. Additional Finding for General Plan Amendments. The proposed amendment(s) is internally consistent with all other provisions established by the General Plan; [Source: 18.125.060.C] C. Additional Finding for Zoning Ordinance Amendments. The proposed amendment(s) is internally consistent with all other applicable provisions of the Zoning Ordinance. [Source:
NEW]
D. Limitation on Residential Rezoning. The City shall not rezone any area or property zoned for residential use to increase density or change land use unless the following additional findings are made: [Source: 18.125.070]
1. Development of the area or property to be rezoned shall not have growth-inducing impacts on existing residential neighborhoods; [Source: 18.125.070.A]
2. Development of the area or property to be rezoned shall not have a significant traffic impact on existing residential neighborhoods; and [Source: 18.125.070.B]
3. Development of the area or property to be rezoned shall not have a significant noise impact on existing residential neighborhoods. [Source: 18.125.070.C]
18.170.060 Resubmittal of Application
Following the denial of a General Plan, Zoning Ordinance, or Zoning Map amendment application, no new application or request for the same, or substantially the same, proposed amendment shall be
10.2.k
Packet Pg. 1012
Part 5 – Zoning Ordinance Administration Chapter 18.170 Revised Preliminary Draft – October 2024
15 accepted within 12-months of the date of denial, unless the denial was made without prejudice. [Source:
18.125.090]
10.2.k
Packet Pg. 1013
Chapter 18.175 Appeals and Calls for Review
16 Chapter 18.175
Appeals and Calls for Review
10.2.k
Packet Pg. 1014
Part 5 – Zoning Ordinance Administration Chapter 18.175 Revised Preliminary Draft – October 2024
17 Chapter 18.175 Appeals and Calls for Review
Sections
18.175.010 Purpose
18.175.020 Right to Appeal, Call for Review, Time Limits
18.175.030 Initiation
18.175.040 Procedures
18.175.050 Effective Date
18.175.010 Purpose
The purpose of this Chapter is to establish procedures for the appeal of determinations and decisions made by the Zoning Administrator, Architectural Review Commission, and Planning Commission.
18.175.020 Right to Appeal, Call for Review, Time Limits A. Right to Appeal. Any interested person may appeal a decision. [Source: 18.130.010.A] B. Appeal. A decision of the Zoning Administrator may be appealed to the Planning Commission.
A decision of the Zoning Administrator regarding a Temporary Sign Permit or conformance to Master Sign Program may be appealed to the Architectural Review Commission. A decision of the Planning Commission or Architectural Review Commission may be appealed to the City Council. An appeal for any action is limited to one appeal. The decision of the appellate body on an appeal shall be final. For example, if a decision by the Zoning Administrator is appealed to the Planning Commission, the decision of the Planning Commission will be final, and no further appeal to the City Council will be possible. [Source: NEW] C. Call for Review. Any decision of the Zoning Administrator may be called up for review by any member of the Planning Commission, Architectural Review Commission, or City Council. Any decision of the Planning Commission or Architectural Review Commission may be called up for review by a City Council member. [Source: 18.130.010.B] D. Time Limits. An appeal or call for review must be submitted in writing to the Zoning Administrator within 10 calendar days of the mailed notice of decision. [Source: 18.130.010.C]
18.175.030 Initiation
A. Appeal. An appeal shall be filed with the Zoning Administrator on a form approved by the Planning Division and shall state the specific reasons for the appeal. [Source: 18.130.020.A] B. Call for Review. A call for review shall be filed with the Zoning Administrator and shall state the reasons for such review. [Source: 18.130.020.B]
C. Calls for Review. A decision that is appealed or called up for review does not become effective until the appeal or review is resolved. [Source: 18.130.020.C]
10.2.k
Packet Pg. 1015
Chapter 18.175 Appeals and Calls for Review
18 18.175.040 Procedures
A. Hearing Date. An appeal or call for review shall have the public hearing occurs before the appellate body within 60 calendar days of the Zoning Administrator’s receipt of the appeal or call for review, unless both applicant, appellant and City consent to a later date. [Source:
18.130.030.A]
B. Notice and Public Hearing. An appeal or review hearing shall be a public hearing if the decision being appealed or reviewed requires a public hearing. Notice of the public hearing shall be given in the manner required for the initial decision and shall comply with Chapter 18.___ (Noticing Requirements). [Source: 18.130.030.B]
C. Public Hearing. Public hearings for appeals are De Novo, in which new information may be provided and considered by the appellate body when taking action on the appeal. At the public hearing, the appellate body shall review the record of the decision and hear testimony of the appellant, the applicant, and any other interested party. [Source: 18.130.030.D] D. Decision and Notice. After the public hearing, the appellate body shall affirm, modify, or reverse the original decision. When a decision is modified or reversed, the appellate body shall state the specific reasons for modification or reversal. [Source: 18.130.030.E] A decision on appeal or call for review shall be rendered within 30 calendar days of the close of the public hearing. The Zoning Administrator shall mail notice of a Planning Commission or Architectural Review Commission decision. The City Clerk shall mail notice of a City Council decision. Such notice shall be mailed within five working days after the date of the decision to the applicant, the appellant, and any other party requesting such notice. [Source: 18.130.030.E] E. Failure to Act. Failure to act within the time limits established in Subsections A and E of this Section shall be deemed affirmation of the original decision. [Source: 18.130.030.F]
18.175.050 Effective Date
A decision by the City Council regarding an appeal or call for review becomes final on the date of the decision. A decision by the Planning Commission or Architectural Review Commission regarding an appeal or review becomes final 10 calendar days after the date the notice of decision is mailed, unless appealed to the City Council. [Source: 18.130.040]
10.2.k
Packet Pg. 1016
Part 5 – Zoning Ordinance Administration Chapter 18.180 Revised Preliminary Draft – October 2024
19 Chapter 18.180
Development Agreement
10.2.k
Packet Pg. 1017
Chapter 18.180 Development Agreement
20 Chapter 18.180 Development Agreement
Sections
18.180.010 Purpose
18.180.020 Interpretation of Development Agreement Provisions
18.180.030 Eligibility Requirements
18.180.040 Agreement Contents
18.180.050 Filing, Processing, and Review
18.180.060 Action
18.180.070 Findings
18.180.080 Annual Review
18.180.090 Amendment or Cancellation
18.180.100 Administration
18.180.010 Purpose
To strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic cost of development, the Legislature of the State of California adopted provisions in the Government Code authorizing local governments to enter into development agreements with applicants for development projects. The objective of such an agreement is to provide for vesting of certain development rights in the property by granting assurances that, upon approval of the project, the applicant may proceed with the project in compliance with existing policies, rules and regulations, subject to the conditions of approval. The purpose of this Chapter is to establish procedures and requirements for consideration of development agreements by the city consistent with Government Code Sections 65864 – 65869.5 [Source: 18.120.010]
18.180.020 Interpretation of Development Agreement Provisions In interpreting the provisions of any development agreement entered into in compliance with this Chapter, those provisions shall be read to fully effectuate, and to be consistent with, the language of this Chapter, Government Code Sections 65864-65869.5, and the agreement itself. Should any apparent discrepancies between the meaning of these documents arise, reference shall be made to the following documents, and in the following order:
A. The provisions of Government Code Sections 65864-65869.5; B. The provisions of this Chapter; and,
C. The plain terms of the development agreement itself. [Source: NEW]
18.180.030 Eligibility Requirements
Equitable Interest. Person(s) having a legal or equitable interest in real property may propose to enter into a development agreement if all the following criteria are met:
10.2.k
Packet Pg. 1018
Part 5 – Zoning Ordinance Administration Chapter 18.180 Revised Preliminary Draft – October 2024
21 A. The status of the applicant, having a legal or equitable interest in the subject real property, is established to the satisfaction of the Zoning Administrator. An applicant may also include an authorized agent, and
B. A complete application is submitted to the Zoning Administrator on the form approved by the Planning Division.
18.180.040 Agreement Contents
A. Mandatory Contents. A development agreement shall contain all the following content, in compliance with Government Code Section 65865.2:
1. Specifying the:
a. Duration of the agreement;
b. Permitted land uses of the subject property, including mix and type of uses; c. Density and/or intensity of the permitted land uses; d. Maximum height and size of proposed buildings; and
e. Provisions for reservation or dedication of land for public purposes. [Source:
18.120.030.A]
2. Describing the:
a. Provisions, if any, for reservation or dedication of land for public purposes; and b. Provisions, if any, for the protection from either a future growth control ordinance or a future increase in development and/or effect fees. [Source:
NEW]
3. Provide for a tiered modification/amendment review procedure that may incorporate the following:
a. Zoning Administrator approval for minor modifications; b. Planning Commission approval for major modifications; and c. City Council approval for major amendments. [Source: NEW] B. Optional Contents. A development agreement may contain the applicable provisions identified below, in compliance with Government Code Section 65865.2: [Source: 18.120.030.B]
1. Include conditions, terms, restrictions, and requirements for subsequent discretionary actions; provided, that such conditions, terms, restrictions, and requirements shall not prevent development of the land for the uses and to the density or intensity of development established in the agreement; [Source: 18.120.030.B.1]
2. Provide that construction shall be commenced within a specified time and the project or any phase be completed within a specified time; [Source: 18.120.030.B.2]
3. Include terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time; [Source: 18.120.030.B.3]
10.2.k
Packet Pg. 1019
Chapter 18.180 Development Agreement
22 4. Provide that a particular rule, regulation or policy will apply as it exists at the time of Building Permit issuance (e.g., Building Code standards and development processing and impact fees); and [Source: 18.120.030.B.4]
5. Provide for specific penalties for failure to perform. [Source: 18.120.030.B.5]
6. Unless otherwise specified in the development agreement, the rules, regulations, and official policies governing the development of the property will be those in effect at the time the agreement is executed. In subsequent actions related to the project, the City may apply new rules, regulations, and policies that do not conflict with those in place at the time of the agreement. The City may also deny or conditionally approve the project based on these new rules. No rights will be considered vested in the applicant or any other party under a development agreement, except as explicitly stated in the agreement. [Source: 18.120.030.C]
C. Development agreements shall be limited to a period not to exceed 10 years from the effective date of the adopting ordinance. [Source: 18.120.030.D]
18.180.050 Filing, Processing, and Review
A. Filing. The applicant shall submit a complete application for a development agreement to the Zoning Administrator in the form approved by the Planning Division. [Source: NEW] B. Authorization to Negotiate. City staff shall not begin to negotiate with the applicant until the City Council has so authorized City staff, following completion of the application review. [Source:
18.120.040]
C. Zoning Administrator Review. The Zoning Administrator, upon receipt of City Council’s authorization, shall review the development agreement application, undertake environmental review in compliance with Section 18.165.050 (Environmental Review), consult with all applicable City departments, and obtain such additional information from the applicant as may be deemed necessary. Within 45 calendar days of receipt of the application, the Zoning Administrator shall prepare a report containing their recommendation. The recommendation shall consist of the following: [Source: 18.120.040.A, 18.120.050.A]
1. A statement of potential public benefits and costs accruing to the City if the agreement were entered into; [Source: 18.120.040.A.1]
2. A recommendation as to whether the City should negotiate further with the applicant; [Source: 18.120.040.A.2]
3. A statement whether the application meets the minimum statutory requirements for a development agreement, as established by this Chapter and State law; [Source:
18.120.040.A.3]
4. A statement of issues for further research and investigation, and issues that should be addressed in the development agreement; [Source: 18.120.040.A.4]
5. A statement of those documents, applications, and other items required by the Zoning Administrator in order to further process the application or negotiate with the applicant. [Source: 18.120.040.A.5]
10.2.k
Packet Pg. 1020
Part 5 – Zoning Ordinance Administration Chapter 18.180 Revised Preliminary Draft – October 2024
23 D. Planning Commission Review. Upon completion of the Zoning Administrator’s report, the application, together with recommendations and appropriate environmental review documents, shall be submitted to the Planning Commission. The proposed development agreement shall be set for a public hearing before the Planning Commission within six months of receiving City Council authorization to negotiate. The City and the applicant may agree to a later date. The Planning Commission will consider the application and forward a recommendation to the City Council in compliance with Section 18.180.xx (Action). [Source: 18.120.040.B, 18.120.050.B] E. City Council Review. Upon receipt of the Planning Commission's recommendations, the City Clerk shall set the application and written report of the Planning Commission for a public hearing before the City Council. Following conclusion of the public hearing, the City Council shall act on the application in compliance with Section 18.180.xx (Action) based on the findings identified in Section 18.180.xx (Findings). [Source: 18.120.040] F. Notice of Public Hearing. Notice of the hearings identified in Subsections D. and E., shall be given in the form of a notice of intention to consider approval of a development agreement in compliance with Government Code Section 65867 and Chapter 18.xxx (Noticing Requirements). If the application is being processed together with the development project, the public hearing on the application may be held concurrently with the hearing on the project. [Source: 18.120.050.B, 18.120.070.B]
18.180.060 Action
A. Planning Commission Recommendation.
1. After the public hearing by the Planning Commission, the Planning Commission shall make its recommendation about the application for a development agreement by written resolution to the City Council. The Planning Commission shall not recommend that the City enter into the development agreement unless the Planning Commission makes all the findings established in Section 18.180.xxx (Findings).
2. The Planning Commission shall transmit its recommendation to the City Council within 30 calendar days of the close of the Planning Commission public hearing. [Source:
18.120.060]
B. City Council Action.
1. After the public hearing is closed, the City Council shall approve, approve with modifications, or deny the proposed development agreement. Any approval of a proposed agreement shall be made by ordinance, which shall authorize the City Manager to sign the agreement on behalf of the City and shall become effective 30 calendar days after adoption, unless a referendum is filed within that time. [Source:
18.120.070.C]
2. No agreement shall be signed by the City Manager until it has been duly signed by the applicant and property owner, if the applicant is not the property owner. If the applicant has not signed and returned the approved agreement to the City Manager for signing within 30 calendar days of City Council approval, the application is deemed withdrawn by applicant. [Source: 18.120.070.D]
10.2.k
Packet Pg. 1021
Chapter 18.180 Development Agreement
24 Within 10 calendar days after the City Manager signs a development agreement and the ordinance becomes effective, the City Clerk shall submit a copy of the development agreement to the County Record’s Office for recordation. [Source: 18.120.070.D, modified]
18.180.070 Findings
A proposed development agreement shall not be approved unless all the following findings are made:
[Source: 18.120.070.C]
A. The agreement is consistent with the General Plan and with any applicable specific plan; [Source: 18.120.070.C.1]
B. The agreement is consistent with this Title, the Municipal Code, and the State Subdivision Map Act; [Source: 18.120.070.C.2]
C. The agreement will not be detrimental to the health, safety, and general welfare; and will not adversely affect the orderly development of property or the preservation of property values; [Source: 18.120.070.C.3]
D. The effect of the development agreement on the housing needs of the region in which the City is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources; and [Source: 18.120.070.C.4] E. The statement of potential public benefits and costs accruing to the City was considered. [Source: 18.120.070.C.5]
18.180.080 Annual Review
A. In compliance with Government Code Section 65865.1.A, a development agreement shall be reviewed at least once every 12 months, or more often at the request of the City Council, Zoning Administrator, or applicant. [Source: 18.120.080.A]
B. The purpose of the periodic reviews shall be to determine whether the applicant/contracting party or its successor(s)-in-interest has complied in good faith with the terms or conditions of the development agreement. The burden of proof shall be on the applicant/contracting party or its successor(s) to demonstrate compliance, to the full satisfaction of, and in a manner prescribed by the City. [Source: 18.120.080.B]
C. Notice.
1. The applicant/contracting party or its successor(s)-in-interest shall initiate the review proceeding by making application to the Zoning Administrator in compliance with this Chapter. [Source: 18.120.080.C]
2. Upon receipt of a complete application, the Zoning Administrator shall begin the review procedures by giving notice that the City intends to undertake a periodic review of the development agreement to the applicant/contracting party or its successor(s)-ininterest, and any person who has filed a written request for notice with the Zoning Administrator. [Source: 18.120.080.C, modified]
3. If, upon their review, the Zoning Administrator recommends modification or termination of the development agreement, a public hearing shall be scheduled before the
10.2.k
Packet Pg. 1022
Part 5 – Zoning Ordinance Administration Chapter 18.180 Revised Preliminary Draft – October 2024
25 Planning Commission on the development agreement. Notice of intention to modify or terminate the development agreement shall be given in the same manner as the initial application in compliance with this Chapter.
D. Public Hearing Procedures for Development Agreement Reviews.
1. Planning Commission Public Hearing. After closing the Planning Commission public hearing, the Planning Commission shall determine whether to recommend the development agreement be terminated, modified, or confirmed as is. [Source:
18.120.080.F]
2. City Council Public Hearing. Upon receipt of the Zoning Administrator’s or Planning Commission’s recommendation, the City Council shall schedule a public hearing.
Notice of intention to modify or terminate the development agreement shall be given in the same manner as the initial application in compliance with this Chapter. If, after the public hearing is closed, the City Council finds and determines on the basis of substantial evidence that the applicant or its successor in interest has not complied in good faith with the terms of the agreement, the City Council may terminate or modify the agreement or impose penalties as provided in the agreement in compliance with Government Code Section 65865.1. Any modification or termination must be done by ordinance and is subject to Government Code section 65867.5. [Source:
18.120.080.G-E]
18.180.090 Amendment or Cancellation
The development agreement may be amended or canceled:
A. To comply with later enacted Federal or State laws or regulations, under Government Code section 65869.5;
B. By mutual consent, under Government Code section 65868; or C. Following City’s periodic review, under Government Code section 65865.1. Notice of intention to take any such action shall be given in the manner provided for the initial consideration, in compliance with this Chapter, except that the parties may establish an alternative procedure in the agreement for processing insubstantial amendments. Any significant amendment is subject to Government Code section 65867.5, which provides that the decision be adopted by ordinance. [Source: 18.120.090]
18.180.100 Administration
The Zoning Administrator shall receive, review, process, and prepare, together with recommendations for Commission and Board consideration, all applications for development agreements. [Source:
18.120.100,
10.2.k
Packet Pg. 1023
Chapter 18.185 Enforcement
26 Chapter 18.185
Enforcement
10.2.k
Packet Pg. 1024
Part 5 – Zoning Ordinance Administration Chapter 18.185 Revised Preliminary Draft – October 2024
27 Chapter 18.185 Enforcement
Sections
18.185.010 Purpose and Intent
18.185.020 Public Nuisance
18.185.030 Permits, Licenses, Certificates, and Approvals
18.185.040 Enforcement Responsibilities
18.185.050 Revocation or Modification of Discretionary Permits
18.185.060 Public Hearing and Other Violations
18.185.070 Penalties
18.185.080 Notice of Violation
18.185.010 Purpose and Intent
This Chapter provides procedures that are intended to ensure compliance with the requirements of this Title and the conditions of permit approval. [Source: NEW]
18.185.020 Public Nuisance
A violation of any provision of this Title is a public nuisance and may be abated in compliance with Chapter 7.05 (Public Nuisances) of the Municipal Code or any other remedy available by law. [Source:
18.135.010]
18.185.030 Permits, Licenses, Certificates, and Approvals A permit, license, certificate, or approval granted in conflict with the provisions of this Title is void. [Source: 18.135.020]
18.185.040 Enforcement Responsibilities
The Zoning Administrator is responsible for enforcing the terms of discretionary permits and their conditions under this Title. The Building Official is responsible for enforcing this Title pertaining to the erection, construction, reconstruction, moving, conversion, alteration, or addition to any building or structure. All other City officers are responsible for enforcing provisions related to their areas of responsibility. [Source: 18.135.030]
18.185.050 Revocation or Modification of Discretionary Permits A. Duties of Zoning Administrator. If the Zoning Administrator determines there are grounds for revocation or modification of a Zoning Permit, Home Occupation Permit, Use Permit, Variance, Development Plan approval, Architectural Review Permit, or other discretionary approval authorized by this Title, the Zoning Administrator shall schedule a revocation hearing before whichever review authority took final action on the permit. [Source: 18.135.040.A]
10.2.k
Packet Pg. 1025
Chapter 18.185 Enforcement
28 B. Notice of Public Hearing. Notice shall be given in the same manner required for a public hearing to consider approval and in compliance with Chapter 18.xxx (Noticing Requirements). If no notice is required for the permit, then none is required for the revocation or modification hearing, except that notice shall be mailed to the permittee at least 10 calendar days before the hearing. [Source: 18.135.040.B]
C. Public Hearing. The review authority conducting the public hearing shall hear testimony of City staff, the permittee, and any other interested person. A public hearing may be continued to a specific date and time without additional public notice. [Source: 18.135.040.C] D. Required Findings. The review authority conducting the hearing may revoke or modify the permit upon making one or more of the following findings: [Source: 18.135.040.D]
1. The permit was issued on the basis of erroneous or misleading information or misrepresentation; [Source: 18.135.040.D.1]
2. The use or the user is in violation of a condition of approval of the permit, or other laws or regulations, including but not limited to the Municipal Code; or [Source:
18.135.040.D.2]
3. The use is being conducted contrary to the public health, safety, and welfare. [Source:
18.135.040.D.3]
E. Decision Notice. The applicable review authority shall render a decision and shall mail notice of the decision to the permittee and to any other person who has filed a written request for such notice within 10 calendar days after the conclusion of the public hearing. [Source:
18.135.040.E]
F. Effective Date – Appeals. A decision to revoke a discretionary permit becomes final 10 calendar days after the notice of the decision is mailed, unless appealed. [Source: 18.135.040.F] G. Other Remedies. The City’s right to revoke a discretionary permit is in addition to any other remedy allowed by law. [Source: 18.135.040.G]
18.185.060 Public Hearing and Other Violations
If the Zoning Administrator has reason to believe a violation of this Title exists, the Zoning Administrator may direct the property owner and violator to appear before the Zoning Administrator to show cause why the City should not proceed with enforcement action. Notice of the possible violation and the time and place of the hearing shall be mailed to the property owner and violator and any other interested person at least 10 calendar days before the public hearing. [Source: 18.135.050] At the public hearing, the Zoning Administrator shall consider the testimony of the City staff, the violator, the property owner and any other interested person. The Zoning Administrator may make a finding as to whether or not a violation of this Title exists and may recommend to the City staff and to the property owner one or more courses of action. The Zoning Administrator may refer the matter directly to the Planning Commission. [Source: 18.135.050]
18.185.070 Penalties
A person who violates a provision of this Title, including the failure to secure a permit or comply with a condition of approval, is subject to the criminal penalties established in Chapter 1.30 (Criminal Penalties
10.2.k
Packet Pg. 1026
Part 5 – Zoning Ordinance Administration Chapter 18.185 Revised Preliminary Draft – October 2024
29 – Infraction Citations) of the Municipal Code. Payment of a fine or penalty does not relieve a person from the responsibility of correcting the violation. [Source: 18.135.060]
18.185.080 Notice of Violation
A. If property in the City exists in violation of this Title, and the property owner and violator fails to correct the violation, the City may record a notice of violation against the affected property. [Source: 18.135.070.A]
B. Before recording such a notice, the City shall do all the following: [Source: 18.135.070.B]
1. The Zoning Administrator shall send written notice to the property owner and violator that a violation exists and request the violation be corrected within a specific, reasonable period of time. The Zoning Administrator may send more than one notice and conduct an informal show cause hearing to discuss the violation with the property owner and violator. [Source: 18.135.070.B.1]
2. If the property owner or violator fails to correct the violation within the time specified, the Zoning Administrator shall mail to the property owner and violator by regular first class and by certified mail a notice of intention to record a notice of violation, describing the real property in detail, naming the property owner(s), describing the violation in detail (including relevant Municipal Code sections), and stating that an opportunity will be given to the property owner and violator to present evidence. The notice shall specify a time, date, and place for a Planning Commission public hearing at which the owner may present evidence as to why the notice should not be recorded. The public hearing shall take place no sooner than 30 calendar days and no later than 60 calendar days from the date of mailing. [Source: 18.135.070.B.2]
3. The Planning Commission shall hear the matter on the date scheduled. If, after the property owner, violator, and the City staff have presented evidence, the Planning Commission determines that there is no violation, the Zoning Administrator shall mail a clearance letter to the property owner and violator. If the property owner and violator fails to appear, or the Planning Commission determines that there is a violation, the Planning Commission may, by resolution, direct the Zoning Administrator to record the notice of violation with the County Recorder’s Office. [Source: 18.135.070.B.3]
4. The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in the property, under California Civil Code Sections 1213 and 1215. [Source: 18.135.070.B.4]
5. If the property owner and violator corrects the violation after the notice has been recorded and has notified the City in writing and consented to an inspection to confirm the correction, the Zoning Administrator shall record a release or cancellation of the notice of violation. [Source: 18.135.070.B.5]
10.2.k
Packet Pg. 1027
Chapter 18.190 Nonconforming Provisions
30 Chapter 18.190
Nonconforming Provisions
10.2.k
Packet Pg. 1028
Part 5 – Zoning Ordinance Administration Chapter 18.190 Revised Preliminary Draft – October 2024
31 Chapter 18.190 Nonconforming Provisions
Sections
18.190.010 Purpose and Applicability
18.190.020 Determination and Proof of Nonconforming Status
18.190.030 Nonconforming Lots
18.190.040 Nonconforming Structures
18.190.050 Nonconforming Uses
18.190.060 Nonconforming Signs
18.190.010 Purpose and Applicability
A. Purpose. The Chapter provides provisions for the continuance, maintenance, and repair of nonconformities under specific circumstances. [Source: NEW] B. Intent. The provisions of this Chapter are intended to:
1. Limit the number and extent of nonconformities existing at the time of adoption of this Title or created by the adoption of this Title; [Source: NEW]
2. Limit the extent to which nonconforming lots, structures, uses, and signs are altered, maintained, repaired, reestablished, and/or continued; and [Source: NEW]
3. Ensure that nonconformities do not create any health, life, and/or safety issues. [Source: NEW]
18.190.020 Determination and Proof of Nonconforming Status Property Owner’s Responsibility. The property owner has the burden to provide evidence of the legality of the nonconformity. Said evidence may include, but is not limited to, a previously approved land use entitlement from the City, business license, certificate of occupancy, or utility billing records. [Source:
NEW]
18.190.030 Nonconforming Lots
A legally created lot having a width or area less than required for the base zoning district standards in which lot is located may be occupied by a permitted or conditionally permitted use if it has a width of 25 feet or more and an area of 2,500 square feet or more; provided, that on the effective date of regulations that made it substandard, it was in single ownership separate from any abutting lot. No substandard lot may be further reduced in area or width, and a substandard lot is subject to the same setback and density requirements established by the base zoning district. One dwelling unit may be located on a substandard lot that meets the requirements of this Section. [Source: 18.50.030]