1 18 – Zoning Code
Part 4 – Permit and Entitlement
Processing Procedures
PUBLIC REVIEW DRAFT
OCTOBER 2025
Table of Contents
CHAPTER 18.115 ADULT USE DEVELOPMENT PERMIT............................................................. 6
18.115.010 Purpose and Applicability............................................................................................... 6
18.115.020 Review Authority ............................................................................................................ 6
18.115.030 Application...................................................................................................................... 7
18.115.040 Filing, Processing, and Review...................................................................................... 7
18.115.050 Findings.......................................................................................................................... 8
18.115.060 Lapse of Approval ........................................................................................................ 10
18.115.070 Revocation ................................................................................................................... 10
18.115.080 Violations...................................................................................................................... 12 CHAPTER 18.120 ARCHITECTURAL REVIEW PERMITS ........................................................... 14
18.120.010 Purpose and Applicability............................................................................................. 14
18.120.020 Review Authority .......................................................................................................... 15
18.120.030 Filing, Processing, and Review.................................................................................... 16
18.120.040 Conditions of Approval ................................................................................................. 18
18.120.050 Lapse of Approval – Changes to Plans........................................................................ 18
18.120.060 Resubmittal of Application............................................................................................ 19 CHAPTER 18.125 DEVELOPMENT PLAN .................................................................................... 21
18.125.010 Purpose and Applicability............................................................................................. 21
18.125.020 Approval Authority........................................................................................................ 21
18.125.030 Filing, Processing, and Review.................................................................................... 21
18.125.040 Findings........................................................................................................................ 22 Chapter 18.115 Adult Use Development Permit
2 18.125.050 Conditions of Approval ................................................................................................. 23
18.125.060 Lapse of Approval – Changes to Plans........................................................................ 23
18.125.070 Resubmittal of Application............................................................................................ 24 CHAPTER 18.130 MINOR EXCEPTIONS ...................................................................................... 26
18.130.010 Purpose........................................................................................................................ 26
18.130.020 Applicability .................................................................................................................. 26
18.130.030 Review Authority .......................................................................................................... 29
18.130.040 Filing, Processing, and Review.................................................................................... 29
18.130.050 Findings........................................................................................................................ 30
18.130.060 Conditions of Approval ................................................................................................. 31
18.130.070 Lapse of Approval – Changes to Plans........................................................................ 31
18.130.080 Resubmittal of Application............................................................................................ 32 CHAPTER 18.135 REASONABLE ACCOMMODATION............................................................... 34
18.135.010 Purpose........................................................................................................................ 34
18.135.020 Review Authority .......................................................................................................... 34
18.135.030 Requests ...................................................................................................................... 35
18.135.040 Application Requirements ............................................................................................ 35
18.135.050 Filing, Processing, and Review.................................................................................... 36
18.135.060 Findings........................................................................................................................ 37
18.135.070 Appeal .......................................................................................................................... 38 CHAPTER 18.140 SIGN PERMIT ................................................................................................... 41
18.140.010 Purpose and Applicability............................................................................................. 41
18.140.020 Review Authority .......................................................................................................... 41
18.140.030 Filing, Processing, and Review.................................................................................... 41
18.140.040 Findings........................................................................................................................ 42
18.140.050 Conditions of Approval ................................................................................................. 43
18.140.060 Lapse of Approval – Changes to Plans........................................................................ 43
18.140.070 Revocation ................................................................................................................... 44 CHAPTER 18.145 TEMPORARY SIGN PERMIT........................................................................... 46
18.145.010 Purpose and Applicability............................................................................................. 46
18.145.020 Review Authority .......................................................................................................... 46
18.145.030 Filing, Processing, and Review.................................................................................... 46
18.145.040 Findings........................................................................................................................ 47
18.145.050 Conditions of Approval ................................................................................................. 48
18.145.060 Lapse of Approval – Changes to Plans........................................................................ 48
18.145.070 Revocation ................................................................................................................... 48 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.115 Public Review Draft – October 2025
3 18.145.080 Resubmittal of Application............................................................................................ 49 CHAPTER 18.150 MASTER SIGN PROGRAM.............................................................................. 51
18.150.010 Purpose and Applicability............................................................................................. 51
18.150.020 Review Authority .......................................................................................................... 51
18.150.030 Filing, Processing, and Review.................................................................................... 51
18.150.040 Findings........................................................................................................................ 53
18.150.050 Conditions of Approval ................................................................................................. 53
18.150.060 Lapse of Approval – Changes to Plans........................................................................ 53
18.150.070 Revocation ................................................................................................................... 54
18.150.080 Resubmittal of Application............................................................................................ 54 CHAPTER 18.155 USE PERMIT .................................................................................................... 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 ................................................................................................. 59
18.155.060 Lapse of Approval – Changes to Plans........................................................................ 60
18.155.070 Revocation ................................................................................................................... 61
18.155.080 Resubmittal of Application............................................................................................ 61 CHAPTER 18.160 USE PERMIT, TEMPORARY ........................................................................... 63
18.160.010 Purpose and Applicability............................................................................................. 63
18.160.020 Review Authority .......................................................................................................... 63
18.160.030 Filing, Processing, and Review.................................................................................... 63
18.160.040 Findings........................................................................................................................ 64
18.160.050 Conditions of Approval ................................................................................................. 64
18.160.060 Lapse of Approval ........................................................................................................ 65 CHAPTER 18.165 VARIANCE........................................................................................................ 67
18.165.010 Purpose and Applicability............................................................................................. 67
18.165.020 Review Authority .......................................................................................................... 67
18.165.030 Filing, Processing, and Review.................................................................................... 68
18.165.040 Findings........................................................................................................................ 69
18.165.050 Conditions of Approval ................................................................................................. 69
18.165.060 Lape of Approval – Changes to Plans ......................................................................... 70
18.165.070 Resubmittal of Application............................................................................................ 70 CHAPTER 18.170 ZONING PERMIT.............................................................................................. 73 Chapter 18.115 Adult Use Development Permit
4 18.170.010 Purpose and Applicability............................................................................................. 73
18.170.020 Review Authority .......................................................................................................... 73
18.170.030 Filing, Processing, and Review.................................................................................... 74
18.170.040 Findings........................................................................................................................ 74
18.170.050 Lapse of Approval – Changes to Plans........................................................................ 74
18.170.060 Revocation ................................................................................................................... 75
18.170.070 Resubmittal of Application............................................................................................ 75 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.115 Public Review Draft – October 2025
5 Chapter 18.115
Adult Use Development Permit
Chapter 18.115 Adult Use Development Permit
6 Chapter 18.115 Adult Use Development Permit
Sections
18.115.010 Purpose and Applicability
18.115.020 Review Authority
18.115.030 Application
18.115.040 Filing, Processing, and Review
18.115.050 Findings
18.115.060 Lapse of Approval
18.115.070 Revocation
18.115.080 Violations
18.115.010 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]
18.115.020 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]
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.115 Public Review Draft – October 2025
7 18.115.030 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 applicantsApplications for an Aadult Uuse Ddevelopment Ppermit must also shall fill out the city’s environmental package for purposes of complyingcomply 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]
18.115.040 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 Permitthe 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 18.205 (Noticing 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 18.175.030 (Projects with Multiple Discretionary Permit Applications). [Source: NEW] Chapter 18.115 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 18.185 (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]
18.115.050 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 forthin 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] Part 4 – Permit and Entitlement Processing Procedures Chapter 18.115 Public Review Draft – October 2025
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, as defined in Section 18.210.050 (Public and Semi-Public Land Use Classifications) of this Title, 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 useregulated 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 18.60.030 (Separation Requirements) 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] Chapter 18.115 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]
18.115.060 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]
18.115.070 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 Ppermitor 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 parkingarea for employees and the public under the standards set forth as established in the city’s parking codeTitle/Chapter 18.80 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.115 Public Review Draft – October 2025
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 18.205 (Noticing 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 18.195.050 (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]
Chapter 18.115 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]
18.115.080 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]
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.120 Public Review Draft – October 2025
13 Chapter 18.120
Architectural Review Permits
Chapter 18.120 Architectural Review Permits
14 Chapter 18.120 Architectural Review Permits
Sections
18.120.010 Purpose and Applicability
18.120.020 Review Authority
18.120.030 Filing, Processing, and Review
18.120.040 Conditions of Approval
18.120.050 Lapse of Approval – Changes to Plans
18.120.060 Resubmittal of Application
18.120.010 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]
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.120 Public Review Draft – October 2025
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]
18.120.020 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 Zoning 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] Chapter 18.120 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]
18.120.030 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 18.205 (Noticing 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 18.175.030 (Projects with Multiple Discretionary Permit Applications). [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 18.130 185 (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 18.185 (Appeals and Calls for Review). , and [Source: 18.115.030.E]
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.120 Public Review Draft – October 2025
17 E.2. Aa decision of the ArarchitecturalArchitectural Rreview Ccommission may be appealed to the Ccity Ccouncil, all in accordance compliance with Chapter 18.185 (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 18.95.070 (Specific Sign Standards) and Section 18.95.090 (Temporary 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] Chapter 18.120 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]
18.120.040 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]
18.120.050 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]
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.120 Public Review Draft – October 2025
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]
18.120.060 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] Chapter 18.125 Development Plan
20 Chapter 18.125
Development Plan
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.125 Public Review Draft – October 2025
21 Chapter 18.125 Development Plan
Sections
18.125.010 Purpose and Applicability
18.125.020 Approval Authority
18.125.030 Filing, Processing, and Review
18.125.040 Findings
18.125.050 Conditions of Approval
18.125.060 Lapse of Approval – Changes to Plans
18.125.070 Resubmittal of Application
18.125.010 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 existingstore, 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 18.120 (Architectural Review Permits). (Ord. 710 § 35-28.1, 1996; 1991 code § 35-28.1) [Source: 18.90.010]
18.125.020 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]
18.125.030 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]
Chapter 18.125 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 18.205 (Noticing 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 18.175.030 (Projects with Multiple Discretionary Permit Applications). [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. Within 20 working days following the public hearing, The the Pplanning Ccommission shall approve, conditionally approve, or deny an a Development Plan 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. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.185 (Appeals and Calls for Review) is exhausted. [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 18.130185 (Appeals and Calls for Review). (Ord. 710 § 35-28.4, 1996; 1991 code § 35-28.4) [Source: 18.90.030.E]
18.125.040 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]
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.125 Public Review Draft – October 2025
23 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 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]
18.125.050 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]
18.125.060 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 Chapter 18.125 Development Plan
24 Administrator’s decision and that decision may be appealed to the Pplanning Ccommission. [Source: 18.90.060.B]
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]
18.125.070 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]
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.130 Public Review Draft – October 2025
25 Chapter 18.130
Minor Exceptions
Chapter 18.130 Minor Exceptions
26 Chapter 18.130 Minor Exceptions
Sections
18.130.010 Purpose
18.130.020 Applicability
18.130.030 Review Authority
18.130.040 Filing, Processing, and Review
18.130.050 Findings
18.130.060 Conditions of Approval
18.130.070 Lapse of Approval – Changes to Plans
18.130.080 Resubmittal of Application
18.130.010 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]
18.130.020 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 18.75.030 (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] Part 4 – Permit and Entitlement Processing Procedures Chapter 18.130 Public Review Draft – October 2025
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 18.80.020 (General Requirements for Off-Street Parking and Loading) and Section 18.80.030 (Number of 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 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 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
18.55.080 (Structure Projections and Encroachments into Setbacks)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 18.75.040 (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]
Chapter 18.130 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 Structures and Uses:
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 Structures and Uses:
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 and as noted above)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 18.130.050 (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 toPHMC §
18.130.010Section 18.185.020 (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 18.110165 (Variance). [Source: 18.111.020.N] Part 4 – Permit and Entitlement Processing Procedures Chapter 18.130 Public Review Draft – October 2025
29 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 Minor Exception or Vvariance. (Ord. 857 § 2, 2011) [Source: 18.111.020.N]
18.130.030 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]
18.130.040 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]
18.130.05018.130.040 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 accordancewith PHMC Chapter 18.80205 (Noticing 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 Chapter 18.130 Minor Exceptions
30 hearing shall be conducted in compliance with Section 18.175.030 (Projects with Multiple Discretionary Permit Applications). [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 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. Within 20 working days following the issuance of a public notice as specified in Paragraph A.1 of this Section, or the public hearing, The the Zzoning Aadministrator shall approve, conditionally approve, or deny an application a Minor Exception applicationwithin 20 working days after issuance of a public notice as specified in subsection C of this section 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
18.13018.185 (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. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.185 (Appeals and Calls for Review) is exhausted. [Source: 18.120.030.E] E. Appeals. A decision of the Zzoning Aadministrator may be appealed to the Pplanning Ccommission in accordance with Chapter 18.185 (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 18.185 (Appeals and Calls for Review)PHMC Chapter 18.130. (Ord. 857 § 2, 2011) [Source: 18.120.030.G]
18.130.06018.130.050 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]
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.130 Public Review Draft – October 2025
31 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]
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]
18.130.07018.130.060 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]
18.130.08018.130.070 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 Chapter 18.130 Minor Exceptions
32 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]
18.130.09018.130.080 Resubmittal of Application
Following denial of a Mminor Eexception:,
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 18.110165. (Ord. 857 § 2, 2011) [Source: 18.111.080] Part 4 – Permit and Entitlement Processing Procedures Chapter 18.135 Public Review Draft – October 2025
33 Chapter 18.135
Reasonable Accommodation
Chapter 18.135 Reasonable Accommodation
34 Chapter 18.135 Reasonable Accommodation
Sections
18.135.010 Purpose
18.135.020 Review Authority
18.135.030 Requests
18.135.040 Application Requirements
18.135.050 Filing, Processing, and Review
18.135.060 Findings
18.135.070 Appeal
18.135.010 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 18.110165, (Variances). (Ord. 838 § 1, 2009) [Source: 18.112.010]
18.135.020 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] Part 4 – Permit and Entitlement Processing Procedures Chapter 18.135 Public Review Draft – October 2025
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]
18.135.030 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]
18.135.040 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] Chapter 18.135 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]
18.135.050 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 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.135 Public Review Draft – October 2025
37 pursuant toin compliance with the requirements of PHMC § Chapter 18.80.030205 (Noticing Requirements). [Source: 18.112.050.B]
B. Decision.
B.1. Within 30 working days following the submittal of a complete application, the The Zzoning Aadministrator shall render approve, conditionally approve, or deny a Reasonable Accommodation application, or a decision or refer the matter to the Pplanning Ccommission or Aarchitectural Rreview Ccommission within 30 calendar days after the application is complete, and shall approve, approve with conditions or deny the application, based on the findings set forth in PHMC § 18.112.060. The Zoning Administrator shall mail notice of the decision to the applicant and all residents and property owners within 300 feet of the project siteThe Ndecision 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]
18.135.060 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]
Chapter 18.135 Reasonable Accommodation
38 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
3. Where appropriate, the reviewing 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]
18.135.070 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 18.130185 (Appeals and Calls for Review). (Ord. 838 § 1, 2009) [Source: 18.112.070]
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.135 Public Review Draft – October 2025
39 Chapter 18.140 Sign Permit
40 Chapter 18.140
Sign Permit
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.140 Public Review Draft – October 2025
41 Chapter 18.140 Sign Permit
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
18.140.010 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 18.60.02018.95.040 (Exempt Signs). [Source: 18.105.010]
18.140.020 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 18.95.070 (Specific Sign Standards). [Source: 18.105.020]
18.140.030 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.
Chapter 18.140 Sign Permit
42 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 18.205 (Noticing 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 18.175.030 (Projects with Multiple Discretionary Permit Applications). [Source: NEW] C. Decision.
1. Within 10 working days following the submittal of a complete application, The the Zzoning Aadministrator shall approve, conditionally approve, or deny an application a Sign Permit applicationwithin 10 working days. [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. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.185 (Appeals and Calls for Review) has been exhausted.
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
18.185 (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]
18.140.040 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] Part 4 – Permit and Entitlement Processing Procedures Chapter 18.140 Public Review Draft – October 2025
43 2. Ccontrast-background relationship [Source: 18.105.040.A.1]
3. , pPlacement and location , and the i[Source: 18.105.040.A.1]
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 blockparts 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]
18.140.050 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]
18.140.060 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 Chapter 18.140 Sign Permit
44 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]
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]
18.140.070 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 18.195.050 (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]
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.145 Public Review Draft – October 2025
45 Chapter 18.145
Temporary Sign Permit
Chapter 18.145 Temporary Sign Permit
46 Chapter 18.145 Temporary Sign 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. The purpose of this Chapter is to establish filing and processing procedures for temporary signs as required under Section 18.95.030 (Permit Required). [Source: NEW] B. Applicability. A Temporary Sign Permit is required for all temporary signs, unless exempt under Section 18.95.040 (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]
18.145.020 Review Authority
The Zzoning Aadministrator has the authority to approve, conditionally approve, or deny asign 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]
18.145.030 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]
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.145 Public Review Draft – October 2025
47 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. Within 10 working days following the submittal of a complete application, The the Zzoning Aadministrator shall approve, conditionally approve, or deny an application within 10 working daysa Temporary Sign Permit 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. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.185 (Appeals and Calls for Review) is exhausted.
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 18.185 (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]
18.145.040 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; Chapter 18.145 Temporary Sign Permit
48 Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.6, 1996; 1991 code § 35-30A.6) [Source:
18.105.040.C.3]
D. Ensure the temporary sign is incompliance with the sign display duration standards established in Section 18.95.090 (Temporary Sign Standards) and Section 18.95.100 (Standards for Other Types of Temporary Commercial Signs) in Part 3 of this Title. [Source: NEW]
18.145.050 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.
18.145.060 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)
18.145.070 Revocation
Revocation. A sign permit, master sign program or Ttemporary Ssign Ppermit may be revoked in accordance with Section 18.195.050 (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 § Part 4 – Permit and Entitlement Processing Procedures Chapter 18.145 Public Review Draft – October 2025
49 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]
18.145.080 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]
Chapter 18.150 Master Sign Program
50 Chapter 18.150
Master Sign Program
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.150 Public Review Draft – October 2025
51 Chapter 18.150 Master Sign Program
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 – Changes to Plans
18.150.070 Revocation
18.150.080 Resubmittal of Application
18.150.010 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]
18.150.020 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 18.95 (Signs)PHMC § 18.60.. [Source:
18.105.020]
18.150.030 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]
Chapter 18.150 Master Sign Program
52 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 18.6018.95 (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 18.205 (Noticing 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. Within 20 working days following the public hearing, The zoning administrator shall approve, conditionally approve or deny an application within 10 working days. The the Aarchitectural Rreview Ccommission shall approve, conditionally approve, or deny an application within 30 working daysa Master Sign Program application. 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. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.185 (Appeals and Calls for Review) is exhausted.
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 18.185 (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 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.150 Public Review Draft – October 2025
53 § 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]
18.150.040 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 18.95.070 (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]
18.150.050 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]
18.150.060 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]
Chapter 18.150 Master Sign Program
54 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 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 18.140 (Sign Permits)..030. [Source: NEW]
18.150.070 Revocation
Revocation. A Ssign Ppermit, Mmaster Ssign Pprogram , or Ttemporary Ssign Ppermit may be revoked in accordance with Section 18.195.050 (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]
18.150.080 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] Part 4 – Permit and Entitlement Processing Procedures Chapter 18.155 Public Review Draft – October 2025
55 Chapter 18.155
Use Permit
Chapter 18.155 Use Permit
56 Chapter 18.155 Use Permit
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 Lapse of Approval – Changes to Plans
18.155.070 Revocation
18.155.080 Resubmittal of Application
18.155.010 Purpose and Applicability
A. Purpose. Use Permits provide a process for reviewing uses and activities that may be appropriate in the applicable zoning district, but the effect on the site and surroundings require additional consideration as part of the review process. [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 compatibledetermine compatibility 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 18.160 (Use Permit, Temporary). (Ord. 710 § 35-29.1, 1996; 1991 code § 35-29.1) [Source: 18.95.010]
18.155.020 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 any zoning district, or certain qualifying wireless telecommunications facilities as specified by Part 4 – Permit and Entitlement Processing Procedures Chapter 18.155 Public Review Draft – October 2025
57 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]
18.155.030 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 18.205 (Noticing 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 18.205 (Noticing 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 18.175.030 (Projects with Multiple Discretionary Permit Applications). [Source: NEW]
Chapter 18.155 Use Permit
58 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. Within 20 working days following the public hearing, The the hearing body Planning Commission shall approve, conditionally approve, or deny an application a Use Permit application within 20 working days after the close of the public hearing. [Source: 18.95.030.C]
2. Minor Use Permit. Within 20 working days following the public hearing, the Zoning Administrator shall approve, conditionally approve, or deny a Minor Use Permit application. [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. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.185 (Appeals and Calls for Review) is exhaustedcompliance. [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 18.185 (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]
18.155.040 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] Part 4 – Permit and Entitlement Processing Procedures Chapter 18.155 Public Review Draft – October 2025
59 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]
18.155.050 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]
Chapter 18.155 Use Permit
60 18.155.060 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]
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.155 Public Review Draft – October 2025
61 18.155.070 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 18.195.050 (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]
18.155.080 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]
Chapter 18.160 Use Permit, Temporary
62 Chapter 18.160
Use Permit, Temporary
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.160 Public Review Draft – October 2025
63 Chapter 18.160 Use Permit, Temporary
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 Conditions of Approval
18.160.060 Lapse of Approval
18.160.010 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 18.210.070 (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]
18.160.020 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]
18.160.030 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 Chapter 18.160 Use Permit, Temporary
64 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. Within five working days following the submission of a complete application, The the Zzoning Aadministrator shall approve, conditionally approve, or deny a Temporary Use Permit application. The Zoning Administrator shall 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. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.185 (Appeals and Calls for Review) is exhausted. [Source: 18.100.030.C] C.E. Appeal. Any interested person may appeal a denial decision of the a Temporary Use Permit application to the Pplanning Ccommission, in accordance compliance with Chapter 18.185 (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]
18.160.040 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]
18.160.050 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] Part 4 – Permit and Entitlement Processing Procedures Chapter 18.160 Public Review Draft – October 2025
65 18.160.060 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.]
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]
Chapter 18.165 Variance
66 Chapter 18.165
Variance
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.165 Public Review Draft – October 2025
67 Chapter 18.165 Variance
Sections
18.165.010 Purpose and Applicability
18.165.020 Review Authority
18.165.030 Filing, Processing, and Review
18.165.040 Findings
18.165.050 Conditions of Approval
18.165.060 Lape of Approval – Changes to Plans
18.165.070 Resubmittal of Application
18.165.010 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
18.135 (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]
18.165.020 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 Chapter 18.165 Variance
68 connection with property in a single-family zoning district. The Zzoning Aadministrator may, in 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]
18.165.030 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 18.205 (Noticing 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
18.205 (Noticing 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 18.175.030 (Multiple Discretionary Permits). [Source: NEW] C. Decision.
2.1. Variance. Within 20 working days following the public hearing, The the hearing body Planning Commission shall approve, conditionally approve, or deny an application a Part 4 – Permit and Entitlement Processing Procedures Chapter 18.165 Public Review Draft – October 2025
69 Variance applicationwithin 20 working days after the close of the public hearing. [Source: 18.110.030.C]
3.2. Minor Variance. Within 20 working days following the public hearing, The the Zoning Administrator shall approve, conditionally approve, or deny an a Minor Variance 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. If the decision is appealed, . the decision is not final until the appeal process under Chapter 18.185 (Appeals and Calls for Review) is exhausted. [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 18.185 (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,]
18.165.040 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 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 district in which the property is located. (Ord. 710 § 35-31.6, 1996; 1991 code § 35-31.6) [Source: 18.110.040.C]
18.165.050 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] Chapter 18.165 Variance
70 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] 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]
18.165.060 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]
18.165.070 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, Part 4 – Permit and Entitlement Processing Procedures Chapter 18.165 Public Review Draft – October 2025
71 unless the denial was made without prejudice. (Ord. 710 § 35-31.12, 1996; 1991 code § 35-31.12) [Source: 18.110.070]
Chapter 18.170 Zoning Permit
72 Chapter 18.170
Zoning Permit
Part 4 – Permit and Entitlement Processing Procedures Chapter 18.170 Public Review Draft – October 2025
73 Chapter 18.170 Zoning Permit
Sections
18.170.010 Purpose and Applicability
18.170.020 Review Authority
18.170.030 Filing, Processing, and Review
18.170.040 Findings
18.170.050 Lapse of Approval – Changes to Plans
18.170.060 Revocation
18.170.070 Resubmittal of Application
18.170.010 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
18.110 (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]
18.170.020 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]
Chapter 18.170 Zoning Permit
74 18.170.030 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 18.175.030 (Multiple Discretionary Permits). [Source: NEW]
A.C. Decision. Within five working days following the submittal of a complete application, The the Zzoning Aadministrator shall grant approve or deny the Zoning Permit application within five working days. 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. 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. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.185 (Appeals and Calls for Review) is exhausted. [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 18.185 (Appeals and Calls for Review). [Source: 18.85.030.D]
18.170.040 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]
18.170.04018.170.050 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] Part 4 – Permit and Entitlement Processing Procedures Chapter 18.170 Public Review Draft – October 2025
75 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]
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]
18.170.05018.170.060 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 18.195.050 (Revocation or Modification of Discretionary Permits). (Ord. 910 § 9, 2017) [Source: 18.85.040.C]
18.170.06018.170.070 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]