2. Criteria for Consideration. The following criteria shall be considered in making the required findings for PCorN:
a. The proximity (within six-hundred (600) feet) to sensitive receptors, such as a K-12 public or private school and/or public park.
b. The nature of the proposed use and its relation to the surrounding community.
c. Any evidence or testimony provided by the City Police Department (including, but not limited to, site specific neighborhood analysis of calls for service) which indicates that the use would pose a detriment to the immediate neighborhood or continue current law enforcement problems.
17.430.050 — Animal-Keeping
This Section provides standards for animal-keeping. These provisions are intended to ensure that animal-keeping activities do not adversely impact adjacent properties by reason of bright lights, dust, insect infestations, noise, odor, or visual blight.
A. Pre-existing uses. A legally established animal-keeping use that becomes nonconforming upon adoption of this Section shall be allowed to continue subject to Chapter 17.705 (Nonconforming Parcels, Structures, and Uses).
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Packet Pg. 1500 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) STANDARDS FOR SPECIFIC LAND USES 17.430
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-121 B. Allowable animal-keeping uses and permit requirements.
1. Limitations on activities and permit requirements. Animal-keeping uses allowed in Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards) shall comply with the limitations and standards indicated in Table 4-54 (AnimalKeeping Standards) and with other requirements of this Section, this Development Code, and the Municipal Code. Regulations for temporary events involving animals (e.g., circuses, pony rides, rodeos, etc.) are provided in Chapter 17.640 (Temporary Use Permits).
Table 4-54 Animal-Keeping Standards
Type of Animal or Facility Maximum # of
Animals per Site
(1)
Minimum
Parcel Size
(2)
Minimum Setback
from Property
Lines (3)
Zones
Where
Allowed
Required
Permit
(4)
See definition of Animal-Keeping in
Article 8 (Definitions).
Aquariums Unlimited None None All P
Beekeeping (Apiaries) See Municipal Code Chapter 8.12 (Beekeeping) and Subsection E (Beekeeping), below.
RE
RR MUP
Cats or Dogs
Any combination of
four cats and/or dogs
over the age of four
months
None None
RE
RR
RL
RM
RH
RVH
MU
MU-E
DV
P
Small household pets (e.g., birds,
domesticated rodents,
nonpoisonous reptiles and snakes,
etc.)
Any combination
totaling 10 None None All P
Pot-bellied pigs One (5) 20,000 sq. ft. None
RE
RR
RL
RM
RH
RVH
MU
MU-E
DV
P
Chinchilla, hamsters, guinea pigs,
and similar small animals –
Commercial
100 per acre 20,000 sq. ft. 50 ft.
RE
RR P
IL MUP
Kennels – Noncommercial 5 and over,
as determined by MUP 20,000 sq. ft. 50 ft. RERR MUP
Kennels, catteries, animal shelters,
and dog and cat breeding facilities
– Commercial
5 and over,
as determined by MUP 20,000 sq. ft. 50 ft. from the nearest residence IL MUP Stables, Riding School –
Commercial
1 horse per each
500 sq. ft. 2 acres 50 ft. RE MUP
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Packet Pg. 1501 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.430 STANDARDS FOR SPECIFIC LAND USES
4-122 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Table 4-54 Animal-Keeping Standards
Type of Animal or Facility Maximum # of
Animals per Site
(1)
Minimum
Parcel Size
(2)
Minimum Setback
from Property
Lines (3)
Zones
Where
Allowed
Required
Permit
(4)
See definition of Animal-Keeping in
Article 8 (Definitions).
Horses, cows, bison, and similar
sized animals - Noncommercial 4 per acre 20,000 sq. ft. 50 ft.
RE
RR
RL
P
Livestock and Dairy Operations See Section 17.305.040 (Agricultural Preservation (Right-To-Farm)) and Chapter 17.705 (Nonconforming Parcels, Structures and Uses).
Sheep, goats, and similar sized
animals (not including males of
any species; or any hogs/swine of
either gender, which are
prohibited) - Noncommercial
Two per 20,000 sq. ft.
up to 4 total on 1 acre 20,000 sq. ft. 50 ft.
RE
RR
RL
P
2 per each additional
acre
1 acre 50 ft. RE
RR P
Grazing (sheep only) to clear
stubble or unharvested crops No limit per acre None None RE P/TUP (6) Pigeons (of the order columbae)
(Aviaries) – Commercial 50 birds per acre 20,000 sq. ft. 50 ft. RE MUP Pigeons (of the order columbae)
(Aviaries) – Noncommercial None 20,000 sq. ft.
50 ft. from
dwelling unit of
bird owner;
150 ft. from other
dwelling units
RE
RR P
Non-commercial – Poultry, fowl
(not including roosters or
cockerels, which are prohibited)
4 per lot 7,200 sq. ft. 10 ft. RL P
Poultry, fowl (not including
roosters or cockerels, which are
prohibited)
100 per acre 20,000 sq. ft. 50 ft.
RE
RR P
Worm farms, Worm composting,
fish farms, and similar uses Determined by MUP 1 acre 50 ft. RERR MUP Wild animals See Subsection 17.430.050.H (Wild animals), below. RE RR CUP
Notes:
(1) Offspring in addition to maximum number shall be allowed until market-ready, if commercial operation, or until four months of age, if noncommercial operation.
(2) Minimum parcel area required for the keeping of animals. (3) Minimum setbacks from all property lines for barns, shelters, pens, coops, cages, and other areas and structures where animals are kept in concentrated confinement; but not including areas continuously maintained as pasture. Animals shall not be kept in any required front setback, except in pasture areas. (4) P = Allowed without a land use permit
CUP = Conditional Use Permit required (Chapter 17.605)
MUP = Minor Use Permit required (Chapter 17.605)
(5) Registered through appropriate breeding organization (sus scrofa). Maximum size shall be no higher than 16” at the shoulder and no longer than 30” from the tip of the head to the end of the buttocks. Maximum weight of 80 pounds.
Any pot-bellied pig larger than these standards shall be considered to be hogs/swine subject to restrictions of Municipal Code Section 6.24.010 (Animal Regulations –Keeping Certain Animals in City Prohibited – Exceptions). (6) Not more than 30 days in any 6-month period. A Temporary Use Permit is required for a longer period or for more frequent grazing episodes.
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SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-123
2. Permit conditions. Where Table 4-54 (Animal-Keeping Standards) requires a Minor Use Permit or a Conditional Use Permit, the review authority shall evaluate how the proposed animals will be housed and/or confined, and whether the location, size, and design of the area for animal keeping on the site will be adequate to allow compliance with the other standards of this Section without unreasonable effort on the part of the animal manager. In approving a Minor Use Permit or Conditional Use Permit, the review authority may limit the maximum number of animals allowed on the site as appropriate to the characteristics of the site, the surrounding land uses, and the species of animals proposed.
C. Maintenance and operational standards applicable to all animal keeping. Animal keeping shall comply with all the following maintenance and operational standards and the requirements of Title 6 and Title 8 of the Municipal Code.
1. Odor and vector control. Animal enclosures (e.g., pens, coops, cages, feed areas, etc.) shall be maintained free from litter, garbage and the accumulation of manure, so as to discourage the proliferation of flies, other disease vectors, and offensive odors. Manure shall not be allowed to accumulate within setback areas.
Each site shall be continually maintained in a neat and sanitary manner.
2. Containment. Animals shall be effectively contained on the site and shall not be allowed to run at large on public or private property owned by another without the written permission of the property owner.
a. Dogs shall be kept exclusively upon the premises, confined by means of a lawful fence, however, a dog may be off the premises if it is under the restraint of a competent person and restrained by a leash. “Lawful fence” means any barrier or other structure which is sufficiently strong and durable to securely enclose the animal(s) intended to be kept. b. Dog owners shall securely confine their female dogs while in season (estrus) within an enclosure in a manner that will prevent the attraction of male dogs to the immediate vicinity.
3. Waterway protection. The keeping of horses or cattle within 50 feet of any waterway shall first require approval by the Director of a plan to protect the waterway from the polluting effects of runoff from the animal keeping area. The plan shall provide for regular manure removal, the maintenance of pasture vegetation to minimize the exposure and potential erosion of bare soil, site grading to direct runoff to detention and settling areas rather than the waterway, and/or other measures approved by the Director.
4. Erosion and sedimentation control. An animal keeping operation shall not produce sedimentation on a public right-of-way, adjoining property, or in a drainage channel or other waterway. In the event sedimentation occurs, the
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Packet Pg. 1503 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
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4-124 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 keeping of animals outdoors on the site shall be deemed a nuisance and may be subject to abatement.
5. Noise control. Animal keeping shall comply with Section 17.300.060 (Noise), Municipal Code 6.24.030 (Disturbing the peace prohibited), and Municipal Code Chapter 8.40 (Noise Control).
6. Nuisance. The keeping of an animal in the following circumstances shall be considered a public nuisance subject to abatement in compliance with Municipal Code Chapter 8.44 (Nuisances), including summary abatement (e.g., impoundment of the animal(s), immediate closure of the kennel, etc.):
a. In a zone, other than where allowed by Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards); or
b. In conditions that are unsafe, unsanitary, or hazardous to animal or public health, safety, or welfare.
D. Animal husbandry project exception. The keeping or raising of a calf, horse, goat, sheep, hog, chicken, rabbit, bird or other animals for the purposes of a 4-H or Future Farmers of America (FFA) project shall be allowed without a land use permit or a permit from the Animal Control Officer, provided that the project complies with all of the following requirements:
1. Minimum site area. A minimum of one-half acre of site area shall be required for the keeping of horses, cows, or other large animals.
2. Setback requirements. The project animals shall be confined in a pen or fenced area that is located no closer than 25 feet to any dwelling other than on the project site; except that a hog or swine shall not be located closer than 100 feet from any dwelling other than on the project site.
3. Maximum number of animals. The number of animals shall comply with the limitations in Subsection B, above.
4. Maintenance. The animal keeping shall comply with all standards in Subsection C, above.
E. Beekeeping. In addition to the requirements in Subsections B and C., above, and in Municipal Code Chapter 8.12 (Beekeeping), a hive or box for the keeping of bees shall be allowed in the following locations, provided that the bees are not allowed to fly at large:
1. Within a school for the purpose of study or observation.
2. In a laboratory for medical research or treatment or for scientific purposes.
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Packet Pg. 1504 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) STANDARDS FOR SPECIFIC LAND USES 17.430
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-125 F. Kennels. In addition to the requirements in Subsections B and C, above, each kennel and other small animal boarding facility shall comply with the following standards:
1. Enclosure within building. Animal boarding (sleeping and night-time confinement) shall occur within an entirely enclosed building.
2. Management. A manager of the facility shall be present on the site at all times.
3. License. A kennel operator shall obtain a license from the Animal Control Officer in compliance with Municipal Code Section 6.24.120. As a condition of the issuance of a kennel license, an operator shall agree to allow inspections required by Paragraph 7 below. Acknowledgement of the agreement shall be made part of the license application and file.
4. Increase in number of animals. A proposed increase in the number of animals in a licensed kennel shall require an amendment to the Minor Use Permit. Any increased fee shall be prorated for the remainder of the year.
5. Containment of cats. Cats shall be kept indoors or within a fully enclosed, covered structure or enclosed run at all times.
6. Vaccinations. A kennel operator shall not be required to obtain an individual license for each dog in the kennel for which the kennel license is obtained; however, a kennel operator shall ensure that each dog in the kennel is vaccinated as required by State law.
7. Inspections. Reasonable inspections by the Animal Control Officer shall be completed at intervals determined at the Officer’s discretion.
8. Other municipal regulations. A kennel owner and operator shall comply with the requirements in Municipal Code Chapter 6.20 (Kennels).
G. Homing/Racing Pigeons. In addition to the requirements in Municipal Code Section
6.24.130 (Bees and pigeons), the following shall apply:
1. Numbers of birds and flights. The review authority may limit features and activities associated with the keeping of homing/racing pigeons as follows:
a. The maximum number of allowed pigeons indicated in Table 4-54 (Animal-Keeping Standards) may be reduced, depending on the parcel size, the number of dwelling units on a parcel, or the nature of surrounding uses.
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Packet Pg. 1505 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.430 STANDARDS FOR SPECIFIC LAND USES
4-126 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 b. The maximum number of pigeons allowed to be released per flight, number of flights per 24-hour period, and allowed times of flights shall be specified as conditions to any permit.
2. Enclosure requirements.
a. Pigeons shall be kept and fed in an enclosed structure not to exceed eight feet in height. If the structure is greater than 120 square feet in size, a Building Permit shall be required.
b. Pigeon enclosures shall be located on the rear one-third of the property, at a distance no less than 50 feet from the dwelling of the owner of the pigeon enclosure and 150 feet from other habitable dwellings on adjacent properties. A fully-dimensioned site plan shall be submitted with the permit application materials. The site plan shall illustrate the location of the loft, other uses associated with the keeping of pigeons, and the loft’s relation to side and rear lot lines and adjacent dwellings.
3. Maintenance and cleaning requirements.
a. Structures where pigeons are housed shall be kept and maintained in a sanitary condition. Refuse and droppings shall be removed from the premises at least once each calendar week.
b. The keeper of the pigeons shall maintain the property and all features of the property, including roofs, driveways, and walkways, in a clean manner with no visible pigeon droppings.
4. Landing on adjacent structures or property prohibited. Pigeons shall not be allowed to land or perch on the structures or property of others.
5. Commercial breeding prohibited. Pigeon business or breeding activities for commercial purposes shall not be conducted on or from the premises or property.
6. Membership in pigeon racing organization. The pigeon owner shall be a member of the California State Racing Pigeon Association, the American Racing Pigeon Union, Inc., or other equivalent recognized pigeon racing organization with annual registration by licensee of the individual birds. Written proof of annual registration shall be provided annually to the Department.
H. Non-Commercial – Poultry, fowl. In addition to the standards of this Section, the keeping of non-commercial poultry, fowl on lots less than 20,000 square feet shall comply with the standards listed below:
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SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-127
1. Containment. Poultry, fowl shall be kept within a coop, most often designed with nest boxes for egg-laying and perches on which the birds can sleep.
2. Design. The coop shall be designed and constructed such that the poultry, fowl are securely contained. The coop shall be designed with materials such as hardware cloth or poultry wire that will prohibit predators yet allow the flow of air. The coops may also be a chicken tractor which allows free ranging along with shelter, allowing chickens fresh forage such as grass, weeds and bugs (although these will quickly be stripped away if the tractor remains in the same place for too long), which widens their diet and lowers their feed needs. Unlike fixed coops, chicken tractors do not have floors so there is no need to clean them out.
3. Height Limit. The coop shall have a maximum height of six feet.
4. Maintenance. The coop shall be maintained in a clean and sanitary condition.
All feed and other items associated with poultry, fowl keeping shall be kept in secured containers to minimize contact with rodents.
5. Noise. Poultry, fowl shall not produce continuous excessive noise causing unreasonable disturbance to residents of adjacent properties, pursuant to the standards of Chapter 8.40 – Noise Control of the Municipal Code.
6. Setback requirements. Coops shall be confined to the rear and interior side yards with the minimum setbacks as listed below; greater distances are encouraged where practicable.
a. Minimum of 10-feet from rear and side property lines. b. Minimum of 10-feet from any habitable structure including those on the subject property.
7. Slaughter. No poultry, fowl shall be slaughtered on any developed lot used exclusively for residential purposes.
8. Eggs. Eggs produced by poultry, fowl permitted pursuant to this section are for personal use only and may not be sold commercially.
9. Covenants, Conditions, or Restrictions (CC&Rs). The regulations of this section do not supersede any covenants, conditions or restrictions established by a homeowner’s association.
I. Worm Farms and Worm Composting. In addition to the standards of this Section, worm farms and worm composting shall comply with the standards listed below:
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Packet Pg. 1507 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
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4-128 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17
1. Definitions. For the purposes of this section the following definitions apply:
a. Worm Farms. The growing of earthworms for commercial or noncommercial purposes in worm beds or other delineated areas of structures such as sunshades and packing shades that are utilized in the operation of a worm farm.
b. Worm Composting. The use of worms to recycle food scraps and other organic material into a valuable soil amendment called vermicompost, or worm compost.
2. Wholesale Use Only. Worm farming and composting shall be for wholesale use only.
3. Area of farming or composting. The area devoted to the farming or composting activity shall not exceed sixty-four square feet.
4. Setbacks. All worm farms and composting areas shall be kept at least fifty feet away from all habitable dwellings, including those on the subject property.
5. Height. The maximum height of any worm bed shall be two feet and all other structures shall conform to the requirements for accessory structures.
6. Maintenance. Worm farms and worm composting facilities shall be maintained in a clean and sanitary condition.
J. Wild animals. In addition to the requirements in Subsections B and C, above, the keeping of wild animals shall comply with the following standards and those standards in Municipal Code Section 6.24.140 (Wild Animals):
1. Applicable Federal, State, and local regulations. The keeping of wild animals may require approval by the U.S. Department of Agriculture Fish and Wildlife Service, U.S. Department of Public Health, California Department of Fish and Game, and/or the California Department of Food and Agriculture, and the Riverside County Agricultural Commissioner, in addition to any City approval required by this Section.
2. Confinement. The animal(s) shall be kept in cage(s) or enclosure(s) of a recommended size and type of construction that allows reasonable freedom of movement for the animal(s) but that confines the animal(s) to preclude the possibility of escape. The animal(s) shall be kept in a manner that does not threaten or annoy any person of normal sensitivity.
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SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-129
3. Maintenance. The cage(s) or enclosure(s) shall be kept in a clean and sanitary condition at all times. The animal(s) shall be provided with adequate food, water, shelter, and veterinary care.
4. Public safety. Adequate safeguards to prevent unauthorized access to the animal(s) and to preserve animal and public health, safety, and welfare shall be provided. In the event of animal escape, the owner shall immediately notify the Animal Control Officer or Police Department and make every reasonable effort to recapture the animal(s).
5. Inspections. Reasonable inspections by the Animal Control Officer may be completed at intervals determined at the Officer’s discretion.
6. Liability and costs. The owner of any wild animal shall be liable for any injury or any damage to private or public property caused by the animal(s) and shall reimburse the City for all costs incurred in enforcing this Section when a violation is found.
7. Location and transportation. A wild animal shall be transported in an escapeproof enclosure to/from the animal owner’s property, unless otherwise authorized by the Animal Control Officer.
17.430.060 — Animal Sales and Services
This Section provides standards for various animal sales and services establishments for the purpose of protecting residents from any potentially adverse effects caused by the animals. The keeping of animals may also be subject to the requirements of Section 17.430.050 (AnimalKeeping).
A. Accessory boarding/training. See definition in Article 8 (Definitions) and Subsection C, below. For kennels, see Section 17.430.050 (Animal-Keeping).
B. Animal boarding/training. Animal boarding and training shall be entirely enclosed, soundproofed and air conditioned, except for small outdoor exercise and relief areas.
Specific areas, hours, and other operational requirements may be established by the approval authority in consideration of a Minor Use Permit.
C. Animal grooming. Animal grooming facilities shall be entirely enclosed, soundproofed, and air-conditioned. Boarding of animals, outside runs or cages, outside trash containers, and offensive odors shall be prohibited.
D. Animal hospitals/clinics. Animal hospitals/clinics shall be entirely enclosed, soundproofed, and air-conditioned. Outside runs or cages, outside trash containers, and offensive odors shall be prohibited. Animal cremation shall be prohibited. Grooming
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Packet Pg. 1509 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.430 STANDARDS FOR SPECIFIC LAND USES
4-130 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 activities shall be incidental to the hospital/clinic use. Temporary boarding of animals during their convalescence shall be allowed; all other boarding shall be prohibited.
E. Animal retail sales. Animal retail sales establishments shall be entirely enclosed soundproofed, and air-conditioned. Boarding of animals not offered for sale, outside runs or cages, outside trash containers, and offensive odors shall be prohibited.
Grooming activities shall be incidental to the retail use.
17.430.070 — Arcades
This Section establishes standards for the establishment and operation of arcades, where they are allowed in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).
A. Separation. Arcades shall be located a minimum of 250 feet away from any school, park, playground, liquor store, bar, places of public assembly, or residential zone boundary.
17.430.080 — Automated Teller Machines (ATMs)
A. Where allowed. ATM facilities may be located:
1. On public streets; and
2. At alley entries, so long as within 50 feet of the nearest public street.
B. Development standards for ATM facilities. ATM facilities shall be installed and maintained in compliance with the following standards:
1. Privacy area required.
a. In order to provide an appropriate level of privacy and to reduce the potential for blocking the sidewalk, a five-foot deep privacy area shall be provided in front of the ATM. This would require an ATM to be set back in an alcove when located adjacent to the public sidewalk; and b. The Director may reduce the privacy area down to three feet, while still meeting the intent identified in Subparagraph a., above.
2. Review for impact on pedestrian and traffic circulation required. The Director shall review and approve each proposed location to determine if parking can be accommodated at the proposed site and if the ATM would likely have a major impact on pedestrian and traffic circulation in the immediate area;
3. Lighting plan required. A lighting plan will be required with the intent to ensure that adequate lighting is provided;
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4. ATM to be handicap accessible. The ATM shall be handicap accessible;
5. Trash receptacle required. A trash receptacle shall be immediately accessible to the ATM;
6. Appearance following removal. At the time that the ATM is removed, the structure's facade shall have a finished appearance consistent with the existing structure; and
7. Drive-through thru ATM facilities. For drive-throughs thru providing ATM services, a minimum of three tandem queuing spaces shall be provided, inclusive of the vehicle being served.
17.430.090 — Bed and Breakfast Inns
This Section establishes standards for the establishment and operation of bed and breakfast inns, where they are allowed in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).
A. Operational standards.
1. Length of stay. No guest may occupy accommodations in the bed and breakfast inn for more than 14 days in any three-month period.
2. Meals. Serving of meals shall be limited to registered guests only.
3. Resident/operator occupancy. Bed and breakfast inns shall be operated by a property owner or manager living on the premises.
4. Incidental sales. Incidental sales of goods and services to registered guests only shall be allowed.
B. Design and development standards.
1. Zone requirements. Bed and breakfast inns shall be subject to the requirements of the zone in which they are located.
2. Number of guest rooms. In residential zones, a maximum of three guest rooms for each inn shall be allowed. The review authority may further limit the number of guest rooms to ensure preservation of the neighborhood’s residential character. In nonresidential zones, a maximum of eight guest rooms for each inn shall be allowed.
3. Fencing. Fencing shall comply with Chapter 17.315 (Fences, Walls, and Hedges).
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4. Kitchen facilities. Kitchen facilities shall be prohibited within the individual guest bedrooms/suites.
5. Refuse disposal. Refuse collection areas shall be clearly designated. Areas shall be clearly accessible for pickup and shall be screened from public view with solid walls and landscape materials, subject to the approval of the Director.
6. Signs.
a. Residential zones. Signs in residential zones shall be limited to one sign no larger than four square feet identifying the name of the establishment.
The Director may approve an increase in the sign area up to a maximum of six square feet, if it is found that the sign will not adversely impact the residential character of the neighborhood. No internally illuminated or luminous tube signs shall be allowed. The maximum height of the sign shall not exceed six feet.
b. Nonresidential zones. Signs shall comply with Chapter 17.335 (Signs).
C. Other licenses and permits. Bed and breakfast inn operators shall obtain the following licenses and permits from the City:
1. Transient Occupancy Registration Certificate. Transient Occupancy Registration Certificate in compliance with Municipal Code Chapter 3.20 (Uniform Transient Occupancy Tax).
2. Business License. Business License in compliance with Municipal Code Chapter
5.04 (Business Licenses Generally).
17.430.100 — Cargo Containers
This Section establishes standards for the establishment and operation of cargo containers, where they are allowed in compliance with Article 2 (Zones, Allowable Land Uses, and ZoneSpecific Standards).
A. Residential zones. Cargo containers shall be subject to approval of a Site Plan and Design Review in compliance with Table 6-2 (Review Authority for Site Plan and Design Review) and Chapter 17.630 (Site Plan and Design Review) and the following:
1. Roof overhangs and pitches shall be in character with the overhangs and pitches that a commonly used in accessory structures in the immediate neighborhood.
2. The exterior shall be painted a solid, flat non-reflective neutral color that matches as closely as possible with the surrounding buildings or environment.
3. All signage shall be removed.
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4. The cargo container shall be screened from adjacent properties, parks, trails, and rights-of-way. Screening may be a combination of solid fencing, landscaping, or the placement of the cargo containers behind buildings
B. Commercial and office zones. Temporary cargo containers in commercial and office zones shall comply with the standards in Table 2-7 (Development Standards for Commercial and Office Zones) that apply to primary structures (e.g., height, setbacks, site coverage, etc.). Permanent cargo containers are prohibited.
C. Industrial zones. Temporary and permanent cargo containers in industrial zones shall comply with the standards in Table 2-9 (Development Standards for Industrial Zones) that apply to primary structures (e.g., height, setbacks, site coverage, etc.), subject to the following:
1. Screening. Cargo containers shall be screened from view from public rights-ofway in compliance with Section 17.305.110 (Screening and Buffering);
2. Parking. The area of the cargo container shall be included in determining the parking requirements for the primary use in compliance with Chapter 17.330 (Off-Street Parking and Loading Standards); and
3. Modifications. A modification to an approved temporary or permanent cargo container or the permanent attachment of a cargo container to the ground shall be subject to the requirements of this Development Code, the Municipal Code, and the California Building Code.
17.430.110 — Community Care Facilities
This Section provides standards for the establishment and operation of community care facilities. For standards relating to child day care facilities, see Section 17.430.150 (Day Care Facilities) and for residential care facilities, see Section 17.430.280 (Residential Care Facilities).
A. Not a congregate living facility. A community care facility, as that term is defined in Article 8 (Definitions), which is properly licensed by the State of California, shall not be deemed a “congregate living facility.”
B. Applicable development standards. Each community care facility that serves six or fewer persons shall comply with all health and safety regulations, building standards, environmental impact standards, or any other matter within the City’s jurisdiction that apply to other residential dwellings of the same type in the same zone.
C. Residents. The activities of residents of a community care facility shall not be regulated differently from persons who reside in other dwellings of the same type in the same zone.
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Packet Pg. 1513 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.430 STANDARDS FOR SPECIFIC LAND USES
4-134 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 D. Enforcement and remedies. In no event shall the City be limited in its ability to fully enforce this Development Code or the Municipal Code or to exercise any other remedy available to it by law (e.g., imposition of fines and other penalties; commencement of abatement procedures for a public nuisance; seeking administrative relief through applicable licensing authorities, etc.).
17.430.120 — Community Gardens
This Section provides standards for the use of private property for the purpose of maintaining and operating a community garden.
A. Standards. The following standards apply to all community gardens:
1. Setbacks. Any structures or sheds shall comply with the setback requirements for the applicable zone.
2. Maintenance/cleanup. Weeds and garden refuse shall be disposed of on at least a biweekly basis.
3. Watering. Irrigation and any other use of water shall be conducted in compliance with the City’s adopted Landscape Design Guidelines and Chapter
17.325 – Water Efficient Landscape and Irrigation. (ord. 16-01, adopted April 5, 2016)
4. Development. Installation, operation, or use of structures, sheds, irrigation systems, sanitary facilities, etc., as accessory uses, shall be in compliance with this Development Code and all local, State, and Federal codes and regulations.
5. Separation. A minimum separation of 10 feet shall be maintained between the garden plots and any adjacent developed property. This separation shall be maintained so as to be free of any weeds, garden refuse, sheds, structures, irrigation systems, or other combustible materials, and shall not be used for storage of any equipment, vehicles, or any other materials.
6. Lighting. Installation or use of any electrical or other artificial lighting structures or equipment is prohibited.
7. Management. A manager shall be designated for each community garden who shall serve as liaison between the gardeners, property owners, and the City.
8. Pest control. Pest control measures shall be in compliance with all local, State, and Federal codes and regulations.
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Packet Pg. 1514 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) STANDARDS FOR SPECIFIC LAND USES 17.430
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-135 B. Violations. It shall be unlawful for a property owner or any other person to establish or operate a community garden that is not in compliance with the requirements of this Section.
17.430.130 — Conversion of Residential Structures
This Section provides standards for the use of residential structures when they are converted for combined residential and nonresidential use and when they are converted for solely nonresidential use.
A. Nonresidential uses. Existing, legal residential structures may be converted to and remodeled for commercial uses when the subject structure conforms to minimum standards required by City ordinances.
B. Residential and nonresidential uses. When a residential structure is used for both residential and nonresidential uses within the same structure, no expansion beyond the exterior walls of the structure shall be allowed, and no additional stories shall be added to the structure, nor shall any separate structure be erected on the same parcel.
C. Use of yard areas. For structures partially used for residential uses and partially used for nonresidential uses, no portion of a front, side, or rear setback area shall be used for vehicle parking, except for on an approved designated driveway, or for storage of any kind.
17.430.140 — Cottage Businesses
This Section provides standards for maintaining and operating a cottage business, where allowed in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).
A. Where allowed. Cottage businesses shall not be allowed in approved subdivisions of more than four parcels.
B. Maximum number of businesses. Only one cottage business shall be allowed per parcel.
C. Employees. The business shall be operated by the property owner living on the site or on an adjacent parcel. One persons, other than those residing on the property, shall be allowed to work on the site of the cottage business.
D. Residential character. The cottage business shall not alter the residential character of the parcel/neighborhood.
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Packet Pg. 1515 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.430 STANDARDS FOR SPECIFIC LAND USES
4-136 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 E. Conduct of business in accessory structure. The use may be carried out in the primary dwelling unit or in an attached or a detached accessory structure on the same parcel or on a parcel adjacent to the primary dwelling owned and occupied by the same person.
F. Location of accessory structure used for conduct of business.
1. The detached accessory structure shall be located in the side or rear yard if located on the same parcel as the primary dwelling.
2. New structures constructed for a business use established after the effective date of this Development Code shall meet front, rear, and side setbacks based on the zone in which the use is located.
3. A previously established business use located within an existing structure shall meet the setback requirements for an accessory structure in Chapter 17.405 (Accessory Structures and Uses).
G. Screening. The area of the site, where the business use is conducted, shall be screened from public view on all sides (including along the road frontage), if deemed necessary by the Director due to the nature of the business. The screening shall consist of fencing and/or vegetation in compliance with Section 17.305.110 (Screening and Buffering). Also, additional screening and buffering may be required at a later date if the business intensifies, in order to protect the health, safety and general welfare of the new residents of the surrounding area, subject to an amendment to the original Minor Use Permit.
H. Maximum area. The area devoted for the business use shall not occupy more than 50 percent of the square footage of the primary dwelling structure associated with the business, which is located on the business parcel or on an adjacent parcel.
I. Storage. Raw materials, machinery, equipment, or future job units waiting for assembly or repair shall be stored within an enclosed structure. Outside storage shall be prohibited, except that contractor storage yards may be allowed a maximum of 200 square feet of outside storage. Any storage in excess of this must be inside a totally enclosed structure. Storage shall not be allowed within required covered or uncovered parking spaces (i.e., garages, carports, outdoor parking spaces, etc.).
J. Signs. Signs shall comply with Chapter 17.335 (Sign Standards), except where modified by the following:
1. One non-illuminated sign shall be allowed, with a surface area not to exceed four square feet. The height, including the supporting structure, shall not exceed four feet.
2. No vehicle, with the primary purpose of advertising, shall be parked in the front yard of the business.
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Packet Pg. 1516 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) STANDARDS FOR SPECIFIC LAND USES 17.430
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-137 K. Parking. Parking shall comply with Chapter 17.330 (Off-Street Parking and Loading), except where modified by the following:
1. The parking and drive aisle surface shall be paved.
2. Off-street parking for the business use in an accessory structure shall be located on the side or to the rear of the dwelling unit.
3. A maximum of one business-associated vehicle may be parked in the driveway in view of the public right-of-way. A maximum of two business-associated vehicles may be parked on the parcel, provided that they are parked in the side or rear yard outside of public view.
4. Trucking businesses shall be allowed a maximum of two trucks.
17.430.150 — Day Care Facilities
This Section provides standards for the location and operation of day care facilities for children in compliance with State law. These standards shall apply in addition to requirements imposed by the California Department of Social Services.
A. Small family child day care homes (8 or fewer children). As required by State law (See Health and Safety Code Section 1597.30 et seq. (Family Day Care Homes), small family child day care homes (8 or fewer children) shall be considered a residential use of property; shall be allowed on lots zoned for single-family dwellings; and shall not require any land use permits.
B. Large family child day care homes (9-14 children). Large family child day care homes (9 to 14 children) shall comply with the following standards:
1. Licensing. The operator of a large family child day care home shall obtain and maintain a valid license from the California Department of Social Services in compliance with California Code of Regulations, Title 22, Division 12 (Child Care Facility Licensing Requirements).
2. Care provider’s residence. The large family child day care home shall be the primary residence of the care provider and the use shall be clearly residential in character and shall be incidental and secondary to the use of the property as a residence.
3. Fencing. A six-foot high solid decorative fence or wall shall be constructed on all property lines, except in the front setback area or within a corner cutoff intersection area. Fences or walls shall provide for safety with controlled points of entry.
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Packet Pg. 1517 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
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4. Fire protection systems. Mandatory fire extinguishers and smoke detector devices shall meet all standards established by the Fire Chief.
5. Landscaping. A minimum three-foot deep landscaped area shall be provided adjacent to and inside of the fence/wall and shall include a dense hedge of shrubs a minimum of four feet in height at the time of planting. On-site landscaping shall be consistent with that prevailing in the neighborhood and shall be continuously maintained in a safe and viable condition. Water Efficient Landscape and Irrigation approval is required pursuant to Chapter 17.325 – Water Efficient Landscape and Irrigation. (ord. 16-01, adopted April 5, 2016)
6. Lighting. On-site outdoor lighting shall be stationary; directed away from adjacent properties and public rights-of-way; and of an intensity appropriate to the use it is serving in compliance with Section 17.300.080 (Outdoor Light and Glare).
7. Applicable codes and standards. The large family child day care home shall conform to all applicable:
a. Property development standards for single-family dwellings in the respective zone in which it is located;
b. Building Code and Fire Code standards; and
c. State standards for the operation of large family child day care homes.
8. Play area and equipment. Outdoor play area(s) shall be located in the rear area of the parcel. Stationary play equipment shall not be located in required side and front yards.
9. Separation. A large family child day care home within a residential zone shall be located at least 300 feet away from an existing large family child day care home or child day care facility licensed to care for 15 or more children.
10. Parking and drop-off/pick-up area.
a. A facility shall provide an off-street parking space for each employee. A minimum of two off-street parking spaces shall be provided as a drop-off and pick-up area. The spaces shall be in addition to those required for the dwelling unit in compliance with Chapter 17.330 (Off-Street Parking and Loading). A driveway may be used to provide the spaces, provided that the Director approves the arrangement based on traffic and pedestrian safety considerations. Additional parking may be required to minimize impacts on adjacent parcels.
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Packet Pg. 1518 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) STANDARDS FOR SPECIFIC LAND USES 17.430
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-139 b. A facility located on a through street classified as a collector or arterial street shall provide a drop-off and pick-up area that does not require backing into the street.
11. Noise. In order to protect adjacent residential dwellings from noise impacts, a facility located within a residential zone may only operate a maximum of 17 hours each day between the hours of 6:00 a.m. and 11:00 p.m. and may only conduct outdoor activities between the hours of 8:00 a.m. and 8:00 p.m.
12. Signs. Signs shall comply with Chapter 17.335 (Sign Standards).
13. Application and review procedures.
a. A Site Plan and Design Review application shall be filed and approved in compliance with Chapter 17.630 (Site Plan and Design Review). b. In compliance with Health and Safety Code Section 1597.46 (Large Family Day Care Homes), the Director shall provide notice of the application for a Minor Use Permit, when applicable, not less than 10 days before the date on which the decision will be made on the application. The notice shall go to property owners located within a 100-foot radius of the exterior boundaries of the proposed large family day care home. A hearing shall only be held if requested by the applicant or other affected person.
C. Standards for child day care centers (15 or more children). Child day care centers shall comply with the following standards, in addition to the standards contained in Subsection B (Standards for large family child day care homes), above:
1. Parcel size. The minimum parcel size for a child day care center shall be 10,000 square feet.
2. Separation. The minimum separation between the main assembly building of the center and a residential zone shall be 30 feet.
3. Play areas and pools. Each facility shall have both indoor and outdoor play areas in compliance with State requirements. An on-site outdoor play area of not less than 75 square feet per child, but in no case less than 450 square feet per facility, shall be required. The outdoor play area shall not be located in the front yard.
Outdoor play areas shall be enclosed by a six-foot high fence and a pool, if provided, shall be enclosed by a fence that conforms to the California Building Code.
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Packet Pg. 1519 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
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4. Parking and drop-off/pick-up standards. Parking shall comply with Chapter
17.330 (Off-Street Parking and Loading). The design of the drop-off and pick-up area shall not require backing into any street.
17.430.160 — Donation Boxes
This Section provides locational, developmental, and operational standards for outdoor charitable donation boxes.
A. Maximum number. No more than one donation box shall be allowed on a single site or shopping center.
B. Maximum size. Donation boxes shall not exceed 120 square feet in size.
C. Affixed. The donation box shall be secured against theft or unauthorized removal.
D. Maintenance. The party responsible for the donation box shall ensure that the box and surrounding site are properly maintained and that donated materials do not fall, spill, or accumulate outside of the box. If the party responsible for the donation box fails to provide the required maintenance, the property owner shall be responsible for all of the required maintenance.
E. Removal. The party responsible for the donation box shall ensure that the box is removed and the site is cleared of any evidence of its previous setup when the box is no longer needed or has been inactive for 60 days. If the party responsible for the donation box fails to provide the required removal and clean-up, the property owner shall be responsible for the removal and clean-up.
17.430.170 — Drive-Through Thru Facilities
This Section provides standards for maintaining and operating a drive thru-through facility, where allowed in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).
A. Parcel requirements.
1. The minimum parcel size shall be 12,000 square feet.
2. The minimum width shall be 100 feet, and the minimum depth shall be 100 feet.
3. The site shall have a minimum of 100 feet of frontage on a major or secondary street, as identified in the Circulation Element of the General Plan.
B. Parking and circulation. Parking and circulation shall be provided in compliance with Chapter 17.330 (Off-Street Parking and Loading). In addition, the following standards shall apply:
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Packet Pg. 1520 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) STANDARDS FOR SPECIFIC LAND USES 17.430
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-141
1. Each service window or machine shall provide a minimum of seven tandem queuing spaces, inclusive of the vehicle being served. See Section 17.430.080 (Automated Teller Machines) for drive-throughs providing ATM services. The queuing spaces shall not extend into the public right-of-way nor interfere with internal on-site circulation patterns. Service windows or machines shall be provided with a shade structure.
2. Drive-through thru aisles shall have a minimum 10-foot interior radius at curves and a minimum 12-foot width.
3. The provision of drive-through thru service facilities shall not justify a reduction in the number of required off-street parking spaces.
4. Each drive-through thru aisle shall be appropriately screened with a combination of landscaping, low walls, and/or berms to prevent headlight glare from impacting adjacent residences, streets, and parking lots.
5. Pedestrian walkways should avoid intersecting the drive-through thru access aisles, to the extent possible, but where they do intersect; they shall have clear visibility and be emphasized by enhanced paving or pavement markings.
6. The layout and design of the site shall minimize:
a. Vehicular traffic in any adjacent residential zone; or b. Hazards to pedestrians from adjacent schools, theaters, or other similar places of assembly that tend to generate pedestrian traffic.
C. Design criteria. The drive-through thru facility shall have an integrated design of building materials, landscaping, roof lines, and signs.
D. Landscaping. Landscaping shall comply with Chapter 17.325 (Water Efficient Landscape and Irrigation). (ord. 16-01, adopted April 5, 2016) E. Lighting. Outdoor lighting shall comply with Section 17.300.080 (Outdoor Light and Glare). In addition, all outdoor lights or signals, except for those necessary for security lighting, shall be turned off when the drive-through thru facility is not in operation.
F. Noise. Amplification equipment (e.g., speakers at menu boards) shall be located so as not to adversely impact adjoining residential uses and shall be operated in compliance with Section 17.300.060 (Noise).
G. Screening and buffering. Screening and buffering shall comply with Section 17.305.110 (Screening and Buffering). In addition, the following standards shall apply:
1. Service window(s) shall be covered and adequately screened from public view.
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Packet Pg. 1521 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
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2. An eight-foot high solid decorative wall shall be constructed on each property line that adjoins a residentially zoned or occupied parcel. The design of the wall and the proposed construction materials shall be subject to the approval of the Director. A minimum five-foot deep landscaping strip shall be provided between the wall and any driveway which shall be continually and properly maintained by the owners, developers, and/or successors-in-interest.
H. Setbacks. The minimum setback for all components related to the drive-through thru facility (e.g., structures, driveways, menu boards, etc.) shall be 20 feet from all adjoining residential uses or zones.
I. Signs. Signs shall comply with Chapter 17.335 (Sign Standards). The number, size, and location of menu boards shall be subject to the approval of the Director.
J. Trash storage. Outside trash, garbage, refuse and storage areas shall comply with Section 17.305.130 (Solid Waste/Recyclable Materials Storage).
K. Utilities. Utility services to all structures (including signs) shall be installed underground.
17.430.180 — Electric Vehicle Charging Stations
The purpose of this Section is to ensure the effective installation of electric vehicle charging stations. Where any other provisions of the Municipal Code directly conflict with this Section, this Section shall control.
A. Designation of electric vehicle charging stations. An electric vehicle charging station is a public or private parking space(s) that is (are) served by battery charging equipment with the purpose of transferring electric energy to a battery or other energy storage device in an electric vehicle and is classified based on the following levels:
1. Level 1 is considered slow charging and operates on a 15 to 20 amp breaker on a 120 volt AC circuit.
2. Level 2 is considered medium charging and operated on a 40 to 100 amp breaker on a 208 or 240 volt AC circuit.
3. Level 3 is considered fast or rapid charging and operated on a 60 amp or higher breaker on a 480 volt or higher three phase circuit with special grounding equipment. Level 3 stations can also be referred to as rapid charging stations that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.
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Packet Pg. 1522 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) STANDARDS FOR SPECIFIC LAND USES 17.430
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-143 B. Permitted Locations.
1. Level 1 and 2 electric vehicle charging stations are an allowed use in all zones.
2. Level 3 electric vehicle charging stations are an allowed use in Commercial and Office Zones, Industrial Zones and Special Purpose Zones, as defined in Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).
C. Standards for Electric Vehicle Charging Stations. Electric vehicle charging stations utilizing parking stalls located in a parking lot or parking garage or in on-street parking spaces shall comply with the following standards. The technology associated with electric vehicles, batteries and electric vehicle charging stations is relatively new and is anticipated to change as vehicle charging stations become more prevalent. The Director may authorize variations from these standards, provided the spirit and intent of the standards and this Section are addressed.
1. Reserved for parking and charging of electric vehicles only. Except when located in conjunction with single-family residences, electric vehicle charging stations shall be reserved for parking and charging of electric vehicles only.
2. Signage. Each electric vehicle charging station shall be posted with signage indicating the space is only for electric vehicle charging purposes. Signage shall include items contained in Subparagraph 6., below.
3. Accessibility to Persons with Disabilities. The design and location of the electric vehicle charging stations shall comply with the following barrier-free accessibility requirements:
a. Accessible vehicle charging stations shall be provided based on the following table:
Number of
EV Charging Stations
Minimum Accessible
EV Charging Stations
3 – 50 1
51 – 100 2
b. Accessible charging stations shall be located in close proximity to the structure or facility entrances and shall be connected to a barrier-free accessible route of travel.
c. Accessible charging stations shall comply with the requirements of Section 17.330.070 (Disabled/Handicapped Parking Requirements).
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Packet Pg. 1523 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
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4. Lighting. Adequate site lighting shall be provided in compliance with Section
17.300.080 (Outdoor Light and Glare).
5. Equipment. Equipment for electric vehicle charging stations shall comply with the following standards:
a. Equipment mounted on pedestals, lighting posts, bollards, or other devices for on-street charging stations shall be designed and located as to not impede pedestrian travel or create trip hazards within the right-ofway. b. Charging station outlets and connectors shall be no less than 36 inches or no higher than 48 inches from the top of the surface where mounted and shall contain a retraction device or a place to hang cords and connectors above the ground surface.
c. Equipment shall be protected by wheel stops or concrete-filled bollards.
6. Notification. The following information shall be posted at all electric vehicle charging stations:
a. Voltage and amperage levels;
b. Hour of operations if time limits or tow-away provisions are to be enforced by the property owner;
c. Usage fees;
d. Safety information; and
e. Contact information for reporting when the equipment is not operating or other problems.
D. Minimum Parking Requirements. The parking spaces associated with the electric vehicle charging stations located within parking lots or garages may be included in meeting the calculation of the minimum parking spaces required in compliance with Chapter 17.330 (Off-Street Parking and Loading Standards).
17.430.190 — Emergency Shelters
This Section provides standards for the establishment and operation of emergency shelters, where allowed in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards) and in compliance with Government Code Section 65583.
A. Maximum number of beds. Each emergency shelter may have a maximum of 20 beds.
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Packet Pg. 1524 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) STANDARDS FOR SPECIFIC LAND USES 17.430
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-145 B. Parking. Off-street parking shall comply with Chapter 17.330 (Off-Street Parking and Loading). Non-operational and unregistered vehicles shall not be kept on site. Towing shall be the responsibility of the shelter operator.
C. Design and amenities.
1. Waiting area. Each emergency shelter shall provide an exterior waiting area of at least 10 square feet per bed to accommodate clients and to prevent queuing into the public right-of-way. An exterior waiting area shall be physically separated from the public right-of-way. Interior waiting areas shall be allowed in compliance with the California Building Code.
2. Facility layout. Living, dining, and kitchen areas shall be physically separated from sleeping areas.
3. Sleeping area. Each emergency shelter shall provide at least 35 square feet of sleeping area per bed.
4. Bathroom facilities. Each emergency shelter shall provide facilities for personal care (i.e., bathroom and shower facilities) in compliance with the California Building Code.
5. Telephone services. The shelter shall provide landline telephone services separate from the office phone in order to provide privacy. Any payphones provided shall allow call-out service only.
6. Additional standards. Each emergency shelter shall comply with applicable Building Code, Fire Code, and State Department of Social Services licensing requirements.
D. Location restriction.
1. Minimum separation distance. An emergency shelter shall be located at least 300 feet away from another emergency shelter.
2. Measurement of separation distance. The distance of separation shall be measured in a straight line between the main entrances of each use without regard to intervening structures or objects.
E. Operational standards.
1. Hours of operation. Hours of operation shall be limited to the hours between 6:00 p.m. and 8:00 a.m.
2. On-site management. Each emergency shelter shall provide on-site supervision at all times.
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3. Congregation in neighborhood prohibited. The shelter operator shall be responsible for the following:
a. Patrol of the surrounding area within 800 feet for one hour after the closing of the shelter each morning to ensure that homeless shelter residents are not congregating in the neighborhood.
b. Regular patrol of the area surrounding the shelter site to ensure that homeless persons who have been denied access are not congregating in the neighborhood.
4. Contact information. The shelter operator shall provide information about how to contact the operator with questions or concerns regarding shelter operations.
The contact information shall be posted on site where it is readily viewable by an employee, shelter inhabitant, or representative of a governmental agency.
5. Litter and graffiti. The shelter operator shall be responsible for the following:
a. Maintenance of the exterior of the premises, including signs and accessory structures, free of litter and graffiti at all times; b. Providing for daily removal of trash from the premises and abutting sidewalks or alleys within 20 feet of the premises; and c. Removal of graffiti within 48 hours of written notice from the City.
6. Controlled access. The facility and/or the premises shall be accessed by only one entrance.
7. Supplemental services. Supplemental services (e.g., food, counseling, access to other social programs, etc.) may be offered on the inside of the premises. No exterior waiting areas are allowed for supplemental services.
17.430.200 — Limited, Seasonal Farming
This Section provides standards that allow for limited, seasonal farming and limited agricultural uses on vacant property within the City, and is intended to ensure compatibility of these uses with other uses in the City.
A. Applicability. The provisions of this Section shall apply to vacant land in any Residential or Open Space zone within the City.
B. Allowed Uses. Limited, seasonal farming, as that term is used in this Section, shall mean and refer to seasonal row and field crops. Limited farming shall also mean and
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Packet Pg. 1526 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) STANDARDS FOR SPECIFIC LAND USES 17.430
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-147 refer to short-term, seasonal grazing for the purpose of non-mechanical weed abatement. The allowed limited farming uses are subject to the following standards:
1. Aerial application of pesticides shall be prohibited. Any use of pesticides shall be in compliance with all local, State and Federal rules and regulations.
2. Dust control shall be required.
3. Limited, seasonal farming operations shall be conducted in a manner that avoids negative impacts on adjacent property, and shall not constitute a nuisance.
4. No structures shall be allowed, as limited, seasonal farming and agricultural uses are considered interim uses in compliance with the General Plan.
5. A Zoning Clearance is required before commencement or expansion of limited, seasonal farming activities.
C. Nuisance Hearing.
1. If the Director receives more than 10 complaints regarding limited, seasonal farming activity on the same property, from separate individuals, and regarding a similar problem, during a 30-day period, the matter shall be set for a nuisance hearing.
2. Following the hearing, conditions may be imposed on the limited, seasonal farming activities.
3. Nothing in this Section shall preclude the City from investigating or taking any other action with respect to any complaint or the applicability of any farming practice related to health or safety issues.
17.430.210 — Live Entertainment
This Section provides standards for amplified and unamplified live entertainment, where allowed by Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards). Regulations for dance halls are in Municipal Code Chapter 5.40 (Public Dances).
A. Exempt activities. The provisions of this Section shall not apply to:
1. Hotels operating or allowed in compliance with approved Conditional Use Permits;
2. Pre-recorded music played inside an establishment during hours the establishment is lawfully operating, provided that the volume levels conform to the standards in Section 17.300.060 (Noise);
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Packet Pg. 1527 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
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3. Unamplified live entertainment that consists of no more than two performers, including patrons, playing unamplified instruments:
a. Without any dancing, singing, or spoken words;
b. At sound levels that allow persons to converse without straining to speak or be heard;
c. Indoors between the hours of 9:00 a.m. and 11:00 p.m.; and d. With a valid license fee paid in compliance with Municipal Code Chapter 5.08 (Business License Fees).
B. Business License. Amplified and unamplified live entertainment that is not exempt under Subsection A (Exempt activities) shall require payment of a license fee in compliance with Municipal Code Chapter 5.08 (Business License Fees) C. Development standards.
1. Exits from a structure shall generally be directed away from any residential zone or residential use adjoining the site. Exits for emergency use only are not included within this limitation.
2. Amplified live entertainment shall take place inside a structure and shall not occur outdoors, including in an outdoor dining area.
3. The premises within which amplified live entertainment takes place shall contain sufficient sound absorbing insulation so that noise generated inside the premises shall not be audible anywhere on adjacent property, public rights-of-way, or within any separate units within the same structure, if the premises are in a mixed-use development.
4. No doors or windows shall be open during the amplified live entertainment.
D. Permit requirements. The conditions of approval for issuance of a permit in compliance with Chapter 17.605 (Conditional Use Permits and Minor Use Permits) shall include the following:
1. Days and hours of operation;
2. Maximum noise levels;
3. Waste management;
4. Transferability;
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5. The temporary vs. permanent nature of the use; and
6. Security personnel as recommended by the Police Chief. (ord. 16-01, adopted April 5, 2016)
17.430.220 — Mobile/Manufactured Homes
This Section provides requirements and development standards for the use of mobile homes and manufactured homes as single-family dwellings outside of mobile home parks and mobile home subdivisions, where single-family dwellings are allowed in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).
A. Compliance with State law. In compliance with Government Code Section 65852.3, a mobile/manufactured home may be installed on an approved foundation system on a parcel that is:
1. Zoned to allow a single-family dwelling; and
2. Determined to be compatible for mobile/manufactured home use.
B. Site planning, design, and construction standards. A mobile/manufactured home may be installed in compliance with the following conditions:
1. Site requirements. The site, and the placement of the mobile/manufactured home on the site, shall comply with all zoning, subdivision, and development standards applicable to a conventional single-family dwelling on the same parcel.
2. Exterior materials. The exterior siding, trim, and roof shall be of the same materials and treatments found in conventionally built single-family residential structures in the surrounding area, and shall appear the same as the exterior materials on any garage or other accessory structure on the same parcel.
Mobile/manufactured homes installed in a zone with design guidelines shall comply with the guidelines for the zone.
3. Roof design. Roof overhangs and pitches shall be in character with the overhangs and pitches that are commonly used in conventionally-built singlefamily structures in the immediate neighborhood (or in adjacent neighborhoods if there are not sufficient examples in the immediate neighborhood).
4. Foundation. The mobile/manufactured home shall be placed on a foundation system that meets the requirements of the Health and Safety Code, subject to the approval of the Building Official.
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5. Minimum size. The mobile/manufactured home shall contain the minimum square footage of living area that is required for conventionally built singlefamily residential structures. The floor area of porches, garages, patios and similar features, whether attached or detached, shall not be included when calculating the floor living area.
6. Construction standards. The mobile/manufactured home shall be:
a. Certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 USC Section 4401 et seq.) and bear a California insignia or Federal label as required by Health and Safety Code Section 18550(b).
b. Constructed within 10 years before the date of application for the installation permit.
17.430.230 — Outdoor Dining
This Section provides standards for outdoor dining areas.
A. Coordinated design scheme. The design and appearance of proposed improvements or furniture (e.g., tables, chairs, benches, umbrellas, planters, menu boards, etc.) to be placed in an outdoor dining area shall present a coordinated theme and shall be compatible with the appearance and design of the primary structure, as determined by the Director.
B. Hours of operation. Hours of operation for outdoor dining areas shall coincide with those of the associated indoor restaurant.
C. Property maintenance. The operator shall maintain the outdoor dining area(s) in a neat, clean, and orderly condition at all times. This shall include all tables, benches, chairs, displays, or other related furniture. An adequate number of trash receptacles shall be provided to serve the outdoor dining area.
D. Outdoor bar. A bar designed and/or operated to sell or dispense any alcoholic beverages shall require approval of a Conditional Use Permit.
E. Location. Outdoor dining areas may be allowed to locate in required setback areas but shall not encroach into required parking areas. They may be allowed to encroach into a public right-of-way with an approved Encroachment Permit issued by the City Engineer.
F. Noise. Amplified sound (e.g., music, television, etc.) shall not be audible beyond the lot line.
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Packet Pg. 1530 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) STANDARDS FOR SPECIFIC LAND USES 17.430
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-151 G. Approvals. Outdoor dining shall be approved by the Director through a Site Plan and Design Review.
17.430.240 — Outdoor Displays and Sales
This Section provides standards for temporary and permanent outdoor displays and sales (e.g., garden supply sales, news and flower stands, and similar uses where merchandise is displayed for sale), where allowed by Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).
A. Exempt uses. Plant nurseries; motor vehicle, boat, and trailer dealers shall be exempt from the provisions of this Section.
B. Temporary Use Permit required. Each business that intends to conduct a temporary outdoor display and sales event shall first receive approval of a Temporary Use Permit in compliance with Chapter 17.640 (Temporary Use Permits) C. Business License. Each business that conducts or sponsors outdoor displays and sales shall hold a valid Business License issued in compliance with Municipal Code Chapter 5.04 (Business Licenses Generally).
D. Height limits. The outdoor display of merchandise shall not exceed a height of six feet above finished grade. The outdoor display of merchandise shall be limited to the ground-floor level. Merchandise shall not exceed a height of six feet above finished grade or the height of a ceiling on an unenclosed, covered entry structure (e.g., covered porch, patio cover, etc.), whichever is less.
E. Setbacks. Outdoor display and sales areas shall not encroach into required setback areas or the public right-of-way, unless specifically approved by the Director a minimum of 30 days before the sale. In zones where no setback area is required, the outdoor sales area shall be set back a minimum of 10 feet from adjoining property lines, unless otherwise approved by the Director.
F. Parking. Parking and maneuvering shall not be impeded, except that the Director may allow a maximum of 10 percent of the parking spaces to be used for the purposes of the sale.
G. Pedestrian circulation. Appropriate pedestrian aisle space shall be provided in compliance with the California Building Code and Federal ADA requirements.
H. Location of merchandise.
1. Temporary display and sales. An event shall be conducted only on a parcel having a paved parking surface with permanent driveway access.
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2. Permanent display and sales. Displayed merchandise shall occupy a fixed, specifically approved, location that does not disrupt the normal function of the site or its circulation, and does not encroach upon driveways, landscaped areas, required parking spaces, or pedestrian walkways. A display shall not obstruct intersection visibility or otherwise create hazards for pedestrian or vehicle traffic.
I. Location on property. The display/sales area shall relate directly to an allowed use that occupies a primary structure on the same premises. Display and sales activities that are conducted off-site or away from the primary place of business shall require a Temporary Use Permit approved in compliance with Chapter 17.640 (Temporary Use Permits).
J. Buffering and screening.
1. A 30-foot wide buffer shall be provided between the event and a residential zone or use.
2. The Director may require screening of outdoor sales and activity areas from the view of adjoining public rights-of-way by decorative walls, fences, or landscaping.
K. Signs. Additional signs shall not be provided for the outdoor display and sales area beyond those normally allowed for the primary use in compliance with Chapter 17.335 (Sign Standards). Signs mounted to utility poles, windows, and other locations outside the immediate area of the event shall be removed immediately. Stake-mounted signs and human sign holders shall be prohibited.
L. Nuisance. The event shall not become a safety hazard or public disturbance and shall not cause substantial adverse impacts on the surrounding properties by creating excessive dust, heat, glare, noise, odors, or pollutants as determined by the Director.
M. Other applicable regulations. Appropriate facilities, structures, and utilities shall be installed and maintained in compliance with all applicable building, fire and health regulations.
N. Standards for off-site sales. In addition to the standards in Subsections C-L, above, offsite sales (e.g., farmers’ markets, vehicle sales, community fundraisers, etc.) shall:
1. Provide three copies of a site plan, approximately to scale, indicating the location of the parking lot sale relative to adjacent parking lots, street rights-of-way, sidewalks, and structures.
2. Provide written evidence of property owner(s) permission.
3. Establish a 20-foot clear area with a cone or tape barrier, physical guards, or fencing around the event site.
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4. Provide a deposit, in an amount determined by the Director and to be held at the Department, for the clean-up/removal of debris at and around the event site. The deposit shall be released by the Director after the Director has inspected the event site and surrounding area.
5. Each dealer participating in a temporary motor vehicle parking lot sale shall comply with the California Department of Motor Vehicles regulations for pointof-sale tax allocation.
17.430.250 — Outdoor Storage
This Section provides standards for outdoor storage or work areas, where allowed by Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).
A. Enclosure and screening required. Outdoor storage areas shall be entirely enclosed by a solid wall or fence as approved by the review authority with a minimum height of six feet and a maximum height of eight feet.
B. Maximum height of stored materials. The materials within the storage area shall not be higher than the wall or fence, except where authorized by the permit for the storage area.
C. Landscaped setback. In any case where an outdoor storage area abuts a street right-ofway, the required screening wall or fence shall be set back from the right-of-way as required by the applicable zone, and the setback area shall be landscaped to the approval of the Director, and in compliance with Chapter 17.325 (Water Efficient Landscape and Irrigation). (ord. 16-01, adopted April 5, 2016) D. Fencing for outdoor storage of goods and vehicles, keeping of livestock. A maximum of one foot of vertical barbed wire may be installed on top of fences and walls located in RE, IL, and IH zones with the approval of the Director, provided that the use served includes only the outdoor storage of goods or vehicles or the keeping of livestock.
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17.430.260 — Recreational Vehicle Parks
This Section provides standards for the development of recreational vehicle parks and recreational vehicle park subdivisions.
A. Dimensional standards for recreational vehicle park subdivisions. Recreational park subdivisions shall comply with the requirements in Table 4-65:
Table 4-65
Development Standards for Recreational Vehicle Park Subdivisions Development Feature Dimensional Standard
Site Area 10 acre minimum
Individual Lot Size 1,200 sq. ft. minimum
Density One RV unit per each RV lot (1)
Height
RV Lot 15 ft. maximum
RV Park Recreational Area 35 ft. maximum
Open Space
Private 100 sq. ft. minimum per RV lot (3)
Common The greater of 200 sq. ft. per RV lot
or 30,000 sq. ft.
Distance between Structures
10 ft. minimum distance between RV structures
6 ft. minimum distance between RV and related
accessory structures
Setbacks – RV Units
Front 3 ft.
Interior Side 3 ft.
Street Side
Adjacent to exterior street 20 ft. minimum from park exterior boundaries Adjacent to interior street 10 ft. minimum from park interior boundaries Adjacent to single-family zone 10 ft. minimum
Rear 3 ft. minimum
Setbacks – Accessory Structures (2) 3 ft. minimum
Widths of Interior Private Streets
No parking allowed 25 ft. minimum width
Parking on one side allowed 30 ft. minimum width
Parking on both sides allowed 35 ft. minimum width
Notes:
(1) The maximum density allowed within an RV park or RV park subdivision shall be indicated by the General Plan land use designation of the property and confirmed by the approved Conditional Use Permit. A density bonus may be granted in compliance with Chapter 17.310 (Affordable Housing Density Bonuses). (2) Accessory structures may include cabanas, ramadas, storage cabinets, carports, fences, stairways, ramps, etc. (3) Exclusive of required setback areas.
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Packet Pg. 1534 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) STANDARDS FOR SPECIFIC LAND USES 17.430
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-155 B. Allowable recreational vehicles. Only recreational vehicles that conform to the definition in Article 8 (Definitions) shall be allowed on recreational vehicle lots.
C. Lighting. Street lighting shall be provided to reasonably light all streets within the development including the installation of marbelite, aluminum, or equivalent poles. All outdoor lighting shall comply with Section 17.300.080 (Outdoor Light and Glare).
D. Parking. Parking shall be provided in compliance with Chapter 17.330 (Off-Street Parking and Loading).
E. Storage. Outdoor storage shall not be allowed. Storage sheds shall be allowed upon individual lots and shall conform to the setbacks required in this Section. Additional storage facilities may be allowed as part of the project approval process. No storage of construction or flammable materials shall be allowed except as approved by the Fire Department.
F. Streets. Streets shall be improved in compliance with the City’s Standard Specifications.
G. Trash/recycling facilities. Trash enclosures shall be provided in compliance with Chapter 17.305.130 (Solid Waste Storage and Recycling Facilities).
H. Utilities. Utility services shall be installed underground with the exception of a utility riser at each lot. All recreational vehicles shall be connected to an approved public sewer system.
I. Conflict with other applicable laws. In the event of a perceived conflict between regulations in this Section and other applicable laws, the more restrictive requirements shall control.
17.430.270 — Recycling Facilities
This Section establishes standards and procedures for the siting and operation of various types and sizes of commercial recycling facilities.
A. Reverse vending machines. Reverse vending machine(s) shall comply with the following standards:
1. Machines shall be installed as accessory uses and shall not require additional parking;
2. If located inside of a structure, machines shall be within 30 feet of the entrance and shall not obstruct pedestrian circulation;
3. If located outside of a structure, machines shall not occupy required parking spaces, and shall be constructed of durable waterproof and rustproof material(s);
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4. Machines shall not exceed an area of 50 square feet for each installation, including any protective enclosure, nor eight feet in height;
5. Machines shall have a maximum sign area of four square feet for each machine, exclusive of operating instructions;
6. Machines shall have operating hours that are consistent with the operating hours of the primary use; and
7. Machines shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn, in compliance with Section
17.300.080 (Outdoor Light and Glare).
B. Small collection facilities. Each small collection facility shall:
1. Not exceed an area of 350 square feet nor three parking spaces, not including space that would be periodically needed for the removal of materials or exchange of containers;
2. Be set back at least 10 feet from any public right-of-way, and not obstruct pedestrian or vehicular circulation;
3. Be located within one-half mile of supermarkets in compliance with the Beverage Container Recycling and Litter Reduction Act (Public Resources Code 14500 et seq.).
4. Accept only CRV glass, aluminum, or plastic containers, paper, and other recyclable items;
5. Not use power-driven processing equipment except for reverse vending machines;
6. Use containers that are constructed with durable waterproof and rustproof material(s), secure from unauthorized removal of material, and shall be of a capacity sufficient to accommodate materials collected and the collection schedule;
7. Not be located within 50 feet of any parcel zoned or occupied for residential use;
8. Any containers and site fencing shall be of a color and design to be compatible and harmonious with the surrounding uses and neighborhood;
9. The site shall be maintained clean, sanitary, and free of litter and any other undesirable materials, and shall be cleaned of loose debris on a daily basis;
10. Signs may be provided as follows:
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Packet Pg. 1536 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) STANDARDS FOR SPECIFIC LAND USES 17.430
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-157 a. Collection facilities may have identification signs with a maximum area of 15 percent for each side of the structure or 12 square feet, whichever is less. In the case of a wheeled facility, the side shall be measured from the ground to the top of the container;
b. Signs shall be both compatible and harmonious with the character of their location; and
c. Directional signs, consistent with Chapter 17.335 (Sign Standards) and without advertising message, may be installed with the approval of the Director if found necessary to facilitate traffic circulation or if the facility is not visible from the public right-of-way.
11. Additional parking spaces shall not be required for customers of a small collection facility located in the established parking lot of the primary use. One space shall be provided for the attendant;
12. Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present; and
13. Use of parking spaces by the facility and by the attendant shall not reduce available parking spaces below the minimum number required for the primary use unless a parking study shows that existing capacity is not fully utilized during the time the mobile recycling facility would be on the site.
C. Large collection facilities. A collection facility that is larger than 350 square feet, or on a separate parcel not accessory to a primary use, shall comply with the following standards:
1. The facility shall not be located within 100 feet of a parcel zoned or occupied for residential use.
2. The facility shall be screened from public rights-of-way, by solid masonry walls or located within an enclosed structure in compliance with Section 17.305.110 (Screening and Buffering).
3. Structure setbacks and landscaping shall be provided as required for the subject zone.
4. Exterior storage of material shall be in sturdy containers that are secured and maintained in good condition. Storage, excluding truck trailers, shall not be visible above the height of the required screen walls.
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5. The site shall be maintained clean, sanitary, and free of litter and any other undesirable materials, and shall be cleaned of loose debris on a daily basis.
6. Containers provided for "after hours" donation of recyclable materials shall be constructed of sturdy, rustproof material(s); have sufficient capacity to accommodate materials collected and be secured from unauthorized entry or removal of materials.
7. Dust, fumes, odor, smoke, or vibration above ambient levels shall not be detectable on adjoining parcels.
17.430.280 — Residential Care Facilities
This Section provides standards for the location and operation of residential care facilities for children or adults in compliance with State law.
A. Licensing and other State requirements. These standards shall apply in addition to requirements imposed by the California Department of Social Services.
B. Small residential care homes (6 or fewer adults or children). As required by State law (See Health and Safety Code Section 1597.30 et seq. (Family Day Care Homes), small residential care homes (6 or fewer adults or children) shall be considered a residential use of property and shall be allowed within a single-family residence located in any residential zone with no City land use permits required.
C. Large residential care homes (7 or more adults or children). Large residential care homes (7 or more adults or children) shall be allowed in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards) and Chapter 17.325 (Water Efficient Landscape and Irrigation) provided the following standards are met. (ord. 16- 01, adopted April 5, 2016)
1. A drop-off/pick-up/loading/temporary parking area shall be provided adjacent to the main entrance;
2 A minimum of 10 percent of the site area shall be provided for usable indoor and/or outdoor recreation areas;
3. Outdoor recreation areas and open courtyards shall be provided throughout the project. These areas shall be designed to provide passive open space with tables, chairs, planters, or small garden spaces to make these areas useful and functional for tenants;
4. If located within a residential neighborhood, the architecture of the facility shall be compatible with the residential character of the area;
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5. Security provisions shall be provided in the following manner:
a. The entire facility shall be designed to provide maximum security for residents, employees, and visitors (e.g., lighting, cameras, surveillance, etc.); and
b. Adequate measures shall be taken to provide for vehicle parking security including security gates, fencing, and night lighting.
17.430.290 — Satellite/Dish Antenna and Amateur Radio Antenna This Section provides standards for the location, installation, and maintenance of satellite antennas, amateur (noncommercial) radio communication facilities, and citizen band radio antennas.
A. Exempt. The following receive-only antennas shall not be regulated by this Section:
1. A ground-mounted or structure-mounted, radio or satellite dish antenna that does not project above the roof ridge line and does not have a diameter greater than one meter (39 inches) in residential zones;
2. A ground-mounted or structure-mounted, radio or satellite dish antenna that does not project above the roof ridge line and does not have a diameter greater than two meters (78 inches) in nonresidential zones; and
3. Roof-mounted radio or television aerials not exceeding 40 feet in overall height, as measured from ground level, in any zone.
B. Zones where allowed. Amateur radio antennas, structures, and masts and satellite dish antennas that comply with the development standards in this Section are allowed as an accessory use in all zones.
C. Development standards - Amateur radio antennas.
1. Lowering device. Amateur radio antennas, capable of a maximum extended height in excess of 40 feet, with the exception of whip antennas, shall be equipped with a motorized and mechanical device, capable of lowering the antenna to the maximum allowed height in the zone when the antenna is not in operation.
2. Allowed height.
a. The height of an antenna shall be measured from existing grade at the point the mast touches, or if extended would touch, the ground.
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4-160 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 b. When in operation, no part of any amateur radio antenna shall extend to a height of more than 75 feet above existing grade of the site on which the antenna is installed.
c. When not in operation, no part of any amateur radio antenna, excepting whip antennas, shall extend to a height of more than 35 feet measured above grade of the site on which the antenna is installed.
3. Number allowed. One amateur radio antenna structure and one whip antenna shall be allowed on each parcel.
4. Color. The antennas and supporting structure shall be painted a single, neutral, nonglossy color (e.g., earth-tones, gray, green, brown, tan, etc.) and shall be, to the extent possible, compatible with the appearance and character of the surrounding neighborhood.
5. Siting and setbacks. Antenna structures shall be in compliance with the following, as illustrated in Figure 4-2 (Location of Amateur Radio Antenna):
a. No portion is located within any required setback area; b. No portion is located within the front 40 percent of the depth of the parcel that abuts a public right-of-way; and
c. If a site abuts two or more public rights-of-way, the mast is not located within the front 40 percent of the depth of the parcel where primary access is provided to the parcel.
Figure 4-2
Location of Amateur Radio Antenna
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Packet Pg. 1540 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) STANDARDS FOR SPECIFIC LAND USES 17.430
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-161 D. Development standards - Satellite dish antennas.
1. Setbacks. A satellite dish antenna shall not be located in any required setback area except that satellite dish antennas that do not exceed six feet in height may be located:
a. In any required side setback area behind the front setback line; and b. In any rear setback area where the rear setback area is not adjacent to an alley.
2. Number. A maximum of one satellite dish antenna shall be allowed on a site.
3. Color. Satellite dish antennas that are not screened shall be painted a single, neutral, nonglossy color (e.g., earth-tones, gray, black, etc.) and shall be, to the extent possible, compatible with the appearance and character of the surrounding neighborhood.
4. Sign. Signs of any kind shall not be posted or displayed on any satellite dish antenna.
5. Ground-mounted antennas.
a. Size. The diameter of a ground-mounted dish antenna shall not exceed 10 feet.
b. Height. The height of any portion of a ground-mounted dish antenna shall not exceed 15 feet.
c. Location. In all residential zones, a ground-mounted dish antenna shall be located on the rear one-half of the parcel.
d. Other requirements. In all zones, the location shall not reduce area required for parking, internal circulation, landscaping or other development standard criteria.
6. Roof-mounted antennas.
a. Size. The diameter of any roof-mounted satellite dish antenna shall not exceed 10 feet.
b. Height. Roof-mounted antennas shall not exceed the height limit of the subject zone.
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4-162 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 c. Location. A roof-mounted dish antenna shall be located on the rear onehalf of the parcel or the rear one-half of the structure farthest from the primary access to the parcel, whichever is farthest from the front lot line. d. Wiring. Electrical and antenna wiring shall be placed underground or otherwise screened from public view.
E. Permit requirements.
1. To ensure consistency with Government Code Section 65850.3, the Director may modify the development standards applicable to amateur radio antennas upon application for a Minor Use Permit in compliance with Chapter 17.605 (Conditional Use Permits and Minor Use Permits) if strict compliance with the development standards in this Section will result in:
a. Unreasonable limitations on, or prevent, reception or transmission of signals; or
b. Excessive costs in light of the purchase and installation costs of the antenna.
2. In the event the applicant satisfactorily demonstrates that strict compliance would unreasonably restrict or prevent reception or transmission of signals, or result in excessive costs, the Director shall issue the permit subject to any conditions deemed necessary or appropriate to minimize the impact of the installation of the antenna, provided the conditions do not unreasonably prevent or limit transmission or reception of signals will result in excessive costs.
17.430.300 — Senior Residential Projects
This Section provides alternative standards for senior residential projects to ensure quality housing alternatives to conventional single-family residences and condominium projects for senior citizens. Projects located within the RM, RH, RVH, MU, MU-E, or DV zones that conform to all applicable standards of the base zone, as well as the multi-family standards in Section
17.420 – Multi-Family Development, shall be processed as a Multi-Family Development Project and therefore exempt from this section and the Minor Use Permit requirement.
A. Location.
1. Senior residential projects should be located:
a. Close to shopping and in reasonable proximity to medical facilities and places of assembly; or
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SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-163 b. Within 600 feet of suitable public transportation facilities or routes providing access to these services.
2. In the alternative, senior residential projects may provide shuttle services.
B. Development standards. Senior residential development shall comply with the standards in Table 4-76 (Development Standards for Senior Residential Projects) and Chapter 17.325 – Water Efficient Landscape and Irrigation. (ord. 16-01, adopted April 5, 2016)
Table 4-76
Development Standards for Senior Residential Projects
Development Feature Standard
Site Area 20,000 sq. ft. minimum
Setbacks
Front 25 ft. minimum
Side 5 ft. minimum – Single-story
10 ft. minimum – Two-story
Street Side 10 ft. minimum
Review Appendix 1 of the Landscape Design Guidelines for possible greater setback requirements on certain streets.
Rear
10 ft. minimum
Except that parking structures may be closer than 10
feet to the rear property line
Parcel Coverage Max 60% of gross parcel area, includes all structures (residential, recreational, parking, etc.)
Height 35 feet maximum
Unit Size One-bedroom units – 460 sq. ft. minimum
Two-bedroom units – 680 sq. ft. minimum
Private Storage 80 cu ft. minimum/unit
(exterior to dwelling unit)
Parking See Chapter 17.330 (Off-Street Parking and Loading) C. Recreation facility.
1. A recreation facility shall be provided for each senior residential project as follows:
a. Up to 99 units, a minimum of 1,200 square feet or 25 square feet per unit, whichever is greater.
b. 100 or more units, a minimum of 2,500 square feet, or 15 square feet per unit, whichever is greater.
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2. A recreation facility shall provide all of the following amenities:
a. Meeting room;
b. Restrooms;
c. Additional room(s) to be used as an office, library, card room, or similar use;
d. Kitchen facilities (e.g., cooking, sink, and clean-up areas; and e. Outdoor patio and barbecue area.
D. Design and accessibility.
1. Units above the first floor shall be accessible by elevator.
2. Dwelling units with ADA-compliant-features (i.e., features that comply with the ADA Standards for Accessible Design issued by the Department of Justice and published in the Code of Federal Regulations, such as no-step entrance, wider interior doorways and hallways, bathrooms with adequate maneuvering space and accessible showers and tubs, accessible environmental controls and light switches, etc.) shall be provided as follows:
Total # of Units in Development Required # of Units with ADA Features 10 - 20 units 1 unit
21 - 40 units 2 units
41 or more units 5% of total # of units
E. Covenants, Conditions, and Restrictions (CC&R’s). The occupancy of all dwelling units for each senior citizen housing development shall be secured by appropriate conditions, covenants, and restrictions (CC&R’s) recorded against the property. The CC&R’s shall be subject to approval by the City Attorney.
17.430.310 — Service Stations (Gas Stations)
This Section provides standards for service stations, where allowed in compliance with Article 2 (Zones, Allowable Uses, and Zone-Specific Standards).
A. Parcel requirements.
1. The minimum parcel size shall be 12,000 square feet.
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2. The minimum width shall be 100 feet, and the minimum depth shall be 100 feet.
3. The site shall have a minimum of 100 feet of frontage on a major or secondary street identified in the Circulation Element of the General Plan.
B. Number of pumps. The maximum number of pumps shall be determined by the approval authority based on the size of the site, on-site circulation, distance to sensitive receptors and access. Generally, one fuel pump dispenser shall be allowed per each 2,000 square feet of site area.
C. Site plan and design review. A site plan shall be submitted and approved in compliance with Chapter 17.630 (Site Plan and Design Review).
1. The service station shall have an integrated design of building materials, landscaping, roof lines, and signage.
2. The service station bays shall not face the public right-of-way.
3. Service work shall be performed only within an enclosed structure.
D. Landscaping. Landscaping shall comply with Chapter 17.325 (Water Efficient Landscape and Irrigation). In addition, the following standards shall apply:
1. A minimum five-foot wide, inside dimension, and six-inch high curbed landscaped planter area shall be provided along the street property lines, except for driveways, and alongside and rear property lines adjoining residentially zoned properties. Trees shall be provided in landscaped areas adjoining residentially zoned properties at a rate of one tree for each 20 lineal feet of planter area;
2. An on-site planter area of not less than 200 square feet shall be provided at the corner of two intersecting streets. Landscaping shall not exceed a height of 30 inches at this location; and
3. Additional landscaping may be required to screen the service station from adjacent properties. (ord. 16-01, adopted April 5, 2016) E. Lighting. Outdoor lighting shall comply with Section 17.300.080 (Outdoor Light and Glare). In addition, all outdoor lights or signals, except for those necessary for security lighting, shall be turned off when the service station is not in operation.
F. Merchandise display/storage. Outdoor display and storage of merchandise, materials, or equipment shall comply with the following:
1. Display cabinets, racks, and vending machines shall be located within five feet of the primary structure or on a pump island.
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2. The display cabinets may be placed on the interior perimeter property line but no closer than 10 feet to the street property line.
3. The locations of display racks and vending machines shall be specified by the approved site plan.
4. All other outdoor storage and display shall comply with Section 17.430.240 (Outdoor Displays and Sales) and Section 17.430.250 (Outdoor Storage).
G. Parking and circulation. Parking shall comply with Chapter 17.330 (Off-Street Parking and Loading). In addition, the following shall apply:
1. Paving. The entire site area shall be paved except the landscaped areas provided in compliance with Subsection D (Landscaping), above.
2. Access.
a. Each site shall have not more than two access ways (driveways) to any one street.
b. A minimum five-foot long full height curb shall be installed between an adjoining property line and the closest curb cut along any street frontage. c. Driveways shall be a maximum width of 30 feet.
d. Driveways shall not encroach into the curve of a street corner unless the radius of the curb return is greater than 30 feet.
e. A minimum 20-foot long full height curb shall be installed between curb cuts along any street frontage.
f. The City Engineer may modify the above access standards to ensure traffic safety.
H. Screening and buffering. Screening and buffering shall comply with Section 17.305.110 (Screening and Buffering). In addition, entrances to restrooms shall be screened from view of adjacent properties or public rights-of-way by decorative screening at least six feet in height. The bottom of a screen shall be raised 18 inches above grade for visibility and ventilation.
I. Setbacks. Pumps and pump dispenser islands shall be set back at least 25 feet from any lot line.
J. Signs. Signs shall comply with Chapter 17.335 (Sign Standards). Utility services to signs shall be installed underground.
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SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-167 K. Storage of trailers/vehicles. A maximum of 10 utility trailers (i.e., towed vehicles not used for human occupancy) may be stored for rent on service station sites, provided the trailers occupy an area that is in excess of the 2,000 square feet of site area required for each pump. The storage of inoperative vehicles is prohibited. No rental trucks or towing equipment shall be allowed.
L. Trash storage. Outside trash, garbage, refuse and storage areas shall comply with Section 17.305.130 (Solid Waste/Recyclable Materials Storage).
M. Utilities. Utility services to all structures shall be installed underground.
17.430.320 — Shopping Centers
This Section provides standards for the establishment of integrated shopping centers and large retail uses in zones where allowed in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards). The intent is to establish a consistent set of standards based on the size of the retail commercial site in order to ensure the compatibility of retail commercial operations with surrounding land uses. Specifically, these standards will protect adjoining residential uses from the potential impacts of large retail commercial operations (e.g., auto and truck traffic conflicts, pedestrian safety, noise, air pollution, lighting, aesthetics, etc.).
A. Applicability. The requirements of this Section shall apply to the following:
1. Two or more acres. Shopping centers and large-scale commercial retail developments that are two or more acres in parcel size adjoining residential zone districts; and
2. Less than two acres. Smaller retail commercial developments where the Director determines that a significant potential exists for the proposed use to negatively impact adjoining residential zone districts.
B. Site plan and design review required. A site plan shall be submitted and approved in compliance with Chapter 17.630 (Site Plan and Design Review).
C. Separate permits. Individual land uses within the shopping center that are identified as requiring a permit in Table 2-6 (Allowed Land Uses and Permit Requirements in Commercial and Office Zones) (e.g., health and fitness facilities, outdoor display and sales, theaters, etc.) shall obtain the respective applicable permits separately. An amendment to the approved Site Plan and Design Review shall not be required.
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4-168 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 D. Development standards.
1. Location. A shopping center shall have at least one street frontage on:
a. Neighborhood Shopping Centers. A collector or arterial (major or minor) street for Neighborhood Shopping Centers.
b. Community and Regional Shopping Centers. An arterial (major or minor) street for Community and Regional Shopping Centers.
2. Public right-of-way separation from residential. Where feasible, the design of a shopping center shall ensure that:
a. A public right-of-way exists between the shopping center and any residential zone;
b. A public right-of-way does not bisect the development or an expansion of the development;
c. On-site circulation occurs on private access easements. If the site consists of multiple parcels, the property owners shall enter into a reciprocal access and parking agreement, which shall be in a form approved by the City Attorney and shall be recorded in the County Records. A copy shall be filed with the City;
3. Abutting residential. If a proposed shopping center is in a commercial zone that abuts a residential zone, the following standards shall apply:
a. Structure setback. The setback for a structure adjacent to a residential zone shall be equal to the height of the structure, but in no case, shall the setback be less than the landscaping strip required in compliance with Subparagraph c (Landscaping), below. See Figure 4-3 (Examples of Shopping Structure Setbacks).
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SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-169 Figure 4-3
Examples of Shopping Structure Setbacks
b. Wall. A solid decorative masonry sound wall with a minimum height of eight feet, or higher if required by an acoustical analysis, shall be constructed and maintained on the project site along the common lot line in compliance with Section 17.305.110 (Screening and Buffering). A properly designed pedestrian access may be provided through the wall from a residential neighborhood to a neighborhood-serving commercial use subject to the approval of the review authority.
c. Landscaping. Landscaping shall comply with Chapter 17.325 (Water Efficient Landscape and Irrigation). (ord. 16-01, adopted April 5, 2016) d. Sidewalks. Sidewalks shall be provided along the full length of any side of a structure that features a customer entrance and along any side of a structure that abuts a public parking area. Sidewalks shall be located at least six feet from the facade of the structure in order to allow the installation of landscaping along the foundation.
e. Parking. Parking shall comply with Chapter 17.330 (Off-Street Parking and Loading).
f. Transit facilities. Provisions for transit facilities, (e.g., bus stops and shelters) shall be included as determined by the Transit Authority in consultation with the Director.
g. Signs. A comprehensive sign program shall be provided in compliance with Section 17.335.130 (Comprehensive Sign Program).
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17.430.330 — Solar Energy Systems; Expedited Permitting for Small Residential Rooftop Solar Energy Systems
The Section provides standards and procedures for the approval, installation, and operation of small solar energy systems, in compliance with the Solar Rights Act (Civil Code Section 714 et seq.) and Government Code Section 65850.5, and where allowed in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).
This Section also creates an expedited, streamlined sola permitting process that complies with the Solar Rights Act, as amended by AB 2188 (Chapter 521, Statutes 2014), to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This Section encourages the use of small residential rooftop solar energy systems by removing unreasonable barrier, minimizing costs to property owners and the City, and expanding the ability of property owners to install rooftop solar energy systems. This Section allows the City to achieve these goals while protecting the public health and safety. (ord. 15-08, adopted October 6, 2015) A. Definitions.
1. “Electronic submittal” means the utilization of one or more of the following:
i. Email;
ii. The Internet; or
iii. Facsimile.
2. “Small residential rooftop solar energy system” means a solar energy system which meets all of the following:
i. Is no longer than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal:
ii. Conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City, and all state and City health and safety standards;
iii. Conforms to all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineer s, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability;
iv. Is installed on a single or duplex family dwelling; and
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SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-171 v. T he panel or module array does not exceed the maximum legal building height as defined by the City.
3. “Solar energy system” has the meaning set forth in paragraph (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time.
4. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. (ord. 15-08, adopted October 6, 2015)
B. Permit application, and processing.
1. Permit requirements. The installation of a solar energy system shall require the issuance of a Zoning Clearance by the Director in compliance with Chapter
17.655 (Zoning Clearances), approval of the landscape and irrigation plans in compliance with 17.325 – Water Efficient Landscape and Irrigation, and the issuance of a Building Permit. (ord. 16-01, adopted April 5, 2016)
2. Additional information. In reviewing the application for Zoning Clearance, the Director may require the applicant to submit additional information as the Director deems necessary to determine whether the application meets the requirements of this Section. The applicant shall provide this additional information to the Director before the application shall be deemed complete.
3. Application approval. The Director shall determine whether the application includes structural design features or alterations that are not for the primary purpose of providing for the collection, storage and distribution of solar energy and that may require discretionary approval(s). If the application requires discretionary approval(s), the applicant shall obtain the approval(s) before the Director may issue a Zoning Clearance for the installation of the proposed solar energy system. An application that is for the primary purpose of providing for the collection, storage and distribution of solar energy shall be administratively approved through a nondiscretionary permit unless the Director determines, based on substantial evidence, that the solar energy system could have a specific adverse impact. The decision of the Director to require a use permit may be appealed to the Planning Commission.
4. Use Permit.
A. If a use permit is required, the Director may deny an application for the use permit if the Director makes Written findings based upon substantive evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is
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4-172 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 no feasible method to satisfactorily mitigate or avoid, as defined, the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for pr eventing the adverse impact. Such decision may be appealed to the Planning Commission.
B. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.
C. “A feasible method to satisfactorily mitigate or avoid the specific, adverse impact” includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for a permit. T he City shall use its best efforts to ensure that the selected method, condition, or mitigation does not significantly increase the cost of the system or decrease its efficiency or specified performance in excess of the standards set forth below in paragraphs 5(a) and (b) of this Subsection.
5. Modification/waiver of standards. The Director may modify the standards in Subsection E, below, if the Director determines that the application of the standards would significantly increase the cost of the solar energy system or significantly decrease its efficiency or specified performance. In determining whether a standard significantly increases costs or decreases efficiency, the Director shall be guided by the following criteria contained in California Civil Code Section 714(d):
a. For solar domestic water heating systems or solar swimming pool heating systems, "significantly" means an amount exceeding 10 percent of the cost of the system or decreasing the efficiency of the solar energy system by an amount exceeding 10 percent, as specified and proposed in the completed application.
b. For photovoltaic systems, "significantly" means an amount not to exceed $1,000 over the cost of the solar energy system included in the completed application or a decrease in system efficiency of an amount exceeding 10 percent, as specified and proposed in the completed application.
6. Appeal. The final decision of the Director to issue a Zoning Clearance for the installation of a solar energy system may be appealed in compliance with Chapter 17.715 (Appeals), except that in reviewing the appeal, the review authority shall be guided by the criteria in this Section. Therefore, the appeal hearing shall not be deemed a public hearing and shall not be subject to the notice and requirements applicable to public hearings.
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SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-173 C. Protection of solar access. In compliance with the Solar Shade Control Act (Public Resources Code Section 25980 et seq.), a structure, fence, or wall shall not be constructed or modified, and vegetation shall not be placed or allowed to grow after the effective date of this Chapter, so as to obstruct more than 10 percent of the absorption area of a solar energy system on a neighboring parcel at any time.
D. Equipment standards. Solar energy systems shall comply with the following standards.
1. Water heating systems. A solar energy system for heating water shall be certified by the Solar Rating Certification Corporation or other nationally recognized certification agency. The certification shall be for the entire solar energy system and installation.
2. Photovoltaic systems. A solar energy system for producing electricity shall meet all applicable safety and performance standards established by the National Electric Code, the Institute of Electrical and Electronic Engineers, and accredited testing laboratories (e.g., Underwriters Laboratories) and where applicable, rules of the Public Utilities Commission regarding safety and reliability.
E. Installation and placement guidelines. The installation and construction of a solar energy system shall be subject to the following installation and placement guidelines.
Solar energy system installation and placement shall also comply with all applicable standards and guidelines provided in the Municipal Code.:
1. A solar energy system shall provide power for the principal use and/or accessory use of the property on which the solar energy system is located and shall not be used for the generation of power for the sale of energy to other users, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time to the local utility company.
2. A solar energy system connected to the utility grid shall provide written authorization from the local utility company to the City, acknowledging and approving the connection.
3. A solar energy system may be roof mounted or ground mounted. a. A roof mounted system may be mounted on a principal or accessory structure. A roof mounted system, whether mounted on the principal or accessory structure, may not exceed the maximum principal structure height or accessory structure height specified for the building type in the underlying zone. In no instance shall any part of the solar energy system extend beyond the edge of the roof.
b. A ground mounted system shall not exceed the maximum building height for accessory structures.
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4. The surface area of a ground mounted system, regardless of the mounted angle, shall be calculated as part of the overall structure coverage.
5. A ground mounted system or a system attached to an accessory structure shall not be located within the required front setback.
6. The minimum solar energy system setback distance from the property lines shall be equivalent to the structure setback or accessory structure setback requirement of the underlying zone.
7. All mechanical equipment associated with and necessary for the operation of the solar energy system shall comply with the following:
a. Mechanical equipment shall be screened from any adjacent property that is residentially zoned or used for residential purposes. The screen shall consist of shrubbery, trees, or other non-invasive plant species which provides a visual screen. In lieu of a planting screen, a decorative fence meeting the requirements of Chapter 17.315 (Fences, Walls, and Hedges) may be used.
b. Mechanical equipment shall not be located within the minimum front setback of the underlying zone.
c. Mechanical equipment shall comply with the setbacks specified for accessory structures in the underlying zone.
8. Solar panels shall be placed so that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways.
9. Solar panels shall not be placed in the vicinity of any airport in a manner that would interfere with airport flight patterns. Acknowledgement from the Federal Aviation Administration may be necessary.
10. All power transmission lines from a ground mounted solar energy system to any structure shall be located underground.
11. A solar energy system shall not be used to display advertising, including signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners or similar materials. The manufacturer’s and equipment information, warning, or indication of ownership shall be allowed on any equipment of the solar energy system provided they comply with the sign regulations provided in Chapter 17.335 (Sign Regulations).
12. A solar energy system shall not be constructed until the appropriate building/zoning permits have been approved.
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13. The design of the solar energy system shall conform to applicable industry standards. The local utility provider shall be contacted to determine grid interconnection and net metering policies. The applicant shall submit certificates of design compliance obtained by the equipment manufacturer from a certifying organization and the design shall be certified by an Engineer registered in the State of California.
14. The City shall not condition approval of an application for a solar energy system on the approval of an association, as defined in Section 4080 of the Civil Code.
F. Applicant Obligation.
Prior to submitting an application, the applicant shall:
i. Verify, to the applicant’s reasonable satisfaction, through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and
ii. At the applicant’s cost, verify to the applicant’s reasonable satisfaction, using standard electrical inspection techniques that the existing electrical system including existing line, load, ground and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system’s current use, to carry all new photovoltaic electrical loads.
G Small Residential Rooftop Solar System Requirements; Expedited Permitting.
1. A solar ener gy system that qualifies as a small residential rooftop solar energy system, as defined in this Section, shall be processed in accordance with the terms of Subsections G through I of this Section.
2. A small residential rooftop solar energy system shall meet applicable health and safety standards and requirements imposed by the state and the City, local fire department or district.
3. T he Director shall, prior to September 30 , 2015, adopt an administrative, nondiscretionary expedited review process for small residential rooftop solar energy systems, which shall include standard plan(s) and checklist(s). T he checklist(s) shall set forth all requirements with which small residential rooftop solar energy systems must comply with to be eligible for expedited review .
4. T he small residential rooftop solar system permit process, standard plan(s), and checklist(s) shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most
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4-176 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 current version of the California Solar Permitting Guidebook adopted by the Governor’s Office of Planning and Research. In the case of a conflict between the terms of Subsection E of this Section, and the checklist and standard plans, the checklist and standard plans shall govern.
5. All documents required for the submission of an expedited small residential rooftop solar energy system application shall be made available on a publicly accessible City website.
6. Electronic submittal of the required permit application and documents by electronic means shall be made available to all small residential rooftop solar energy system permit applicants. T he City’s website shall specify the permitted method of electronic document submission.
7 An applicant’s electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.
H. Application Review for Small Rooftop Solar Energy Systems.
1. An application that City staff determines satisfies the information requirements contained in the City’s checklist(s) for expedited small residential rooftop solar system processing, including complete supporting documents, shall be deemed complete.
2 . If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.
3. After City staff deems an application complete, City staff shall review the application to determine whether the application meets local, state, and federal health and safety requirements.
4. Unless the Director deter mines a use permit is warranted, City staff shall issue a building permit or other nondiscretionary permit within a reasonable period of time after receipt of a complete application that meets the requirements of the approved checklist, standard plan and this Section.
5. T he Director may require an applicant to apply for a use permit (in accordance with the terms of Subsection B4(b) above) if the Director finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such decision, or a decision to deny a use permit, may be appealed to the Planning Commission.
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SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-177 I. Inspections for Small Residential Rooftop Solar Energy Systems.
1. Only one inspection shall be required and performed by the Building Department for small residential rooftop solar energy systems eligible for expedited review.
2 T he inspection shall be done in a timely manner.
3. If a small residential r ooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this Chapter. (ord. 15-08, adopted October 6, 2015)
17.430.340 — Tobacco Stores
A. Purpose. The purpose of this Section is to prohibit head shops and smoking lounges, and to regulate the location and operation of tobacco stores in the City to maintain the City's character, the diversity and vitality of the City's commercial areas, and the quality of life of City residents.
B. Definitions. For purposes of this Section, the following terms shall have the following definitions:
1. Drug Paraphernalia. Shall have the meaning specified in Health and Safety Code Section 11014.5, and as that Section may be amended from time to time.
2. Head Shop. A retail outlet that receives 50 percent or more of its gross revenues from the sale of drug paraphernalia or occupies 50 percent or more of the net floor area of the store for the sale or display of synthetic cannabinoid compounds or derivatives as defined in Health and Safety Code Section 11357.5, psychoactive bath salts, and/or any other similar psychoactive substances labeled as not safe for human consumption.
3. Hookah. A glass or metal water pipe usually decorated and shaped somewhat like a bottle or small tank, with a long, flexible cord pipe, also known as a hubble bubble, nag, nargile, shisha, and Turkish water pipe.
4. Hookah Lounge. An area of a commercial establishment, whether enclosed, indoor or outdoor, designated specifically for the use of hookahs, but does not include the private use of hookahs in personal residences, if otherwise in compliance with applicable law.
5. Person. Any natural assignee, cooperative association, corporation, partnership, person, personal representative, receiver, trustee, or any other legal entity.
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6. Smoking Lounge. A business establishment that is dedicated, in whole or in part, to the inhalation of tobacco products including but not limited to establishments known variously as cigar lounges, hookah lounges, private smoker's lounges, tobacco bars, or tobacco clubs.
7. Tobacco Paraphernalia. Any device, product, equipment, or material of any kind that is intended or designed for use for smoking, inhaling, or ingesting tobacco, notwithstanding that the device, product, equipment, or material may also be used for smoking, inhaling, or ingesting any controlled substance.
Tobacco Paraphernalia shall include, but is not limited to, all of the following:
a. Bongs;
b. Blunt wraps, as defined in Penal Code Section 308;
c. Chillums;
d. Cigarette papers or wrappers;
e. Cigarette rolling machines;
f. Hookahs and similar devices constructed with a receptacle or container in which water or some other liquid may be placed into which smoke passes and is cooled in the process of being inhaled or ingested; g. Ice pipes or chillers;
h. Metal, acrylic, ceramic, glass, ivory, plastic, stone, or wooden pipes with or without screens, permanent screens, hashish heads, or punctured bowls; and
i. Water pipes.
8. Tobacco Product means:
a. Any substance containing tobacco leaf, including, but not limited to chewing tobacco, cigars, cigarettes, dipping tobacco, pipe tobacco, snuff, bid is, or any other preparation of tobacco; and
b. Any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any product specifically approved by the Federal Food and Drug Administration for use in treating nicotine or tobacco product dependence.
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9. Tobacco Store. A retailer or wholesale business or any person which (a) sells, offers for sale, or offers to exchange for any form of consideration, tobacco, Tobacco Products or Tobacco Paraphernalia and (b) has 15 percent or more of the square feet in the establishment used for the sale or display of Tobacco Products or Tobacco Paraphernalia.
C. Head Shops and Smoking Lounges Prohibited. It is unlawful for any person to cause or permit the creation of, or operate, a head shop or smoking lounge. The operation of a head shop or smoking lounge shall constitute a public nuisance subject to abatement under this Development Code.
D. Tobacco Stores - Conditional Use Permit Required. It shall be unlawful for any person to cause or permit the creation or substantial enlargement of a tobacco store without first obtaining and maintaining a Conditional Use Permit, in compliance with Chapter 17.605 (Conditional Use Permits and Minor Use Permits). The operation of a tobacco store without a valid Conditional Use Permit shall constitute a public nuisance subject to abatement under this Development Code.
E. Tobacco Stores - Permit Application Requirements. All Conditional Use Permit applications for establishment of a tobacco store shall include the following information in addition to information generally required by the City and as specified in the Department handout for Conditional Use Permit and Minor Use Permit applications:
1. The name, address, and telephone number of each person with an ownership or managerial interest in the tobacco store.
2. The business name, address, and telephone number of the single fixed location for which a Conditional Use Permit is sought.
3. Proof that the location for which a Conditional Use Permit is sought has been issued a valid State Tobacco Retailer's License by the California Board of Equalization.
4. Proof that every person with an ownership or managerial interest in the proposed tobacco store has been issued a valid Tobacco Retailer's License by the County of Riverside.
5. Other information as the Director deems necessary for the administration or enforcement of this Section.
F. Tobacco Stores - Permit Findings. In addition to the required findings for a Conditional Use Permit as specified in Chapter 17.605, no Conditional Use Permit shall be issued for a tobacco store unless all of the following findings are first made by the applicable review authority:
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1. The tobacco store will be located in the CG or CR zones;
2. The tobacco store will meet all of the following minimum spacing requirements.
All measurements shall be taken from nearest property line to nearest property line.
a. The tobacco store will be at least 1,000 feet from any other tobacco store or retail establishment that typically offers tobacco or tobacco related products;
b. The tobacco store will be at least 1,000 feet from any public or private school where minors are present;
c. The tobacco store will be at least 1,000 feet from any child care center, park, library, commercial establishment that has an on-site children's playground, or places where classes or group activities for children are held;
d. The tobacco store will be at least 1,000 feet from any places of worship; and
e. The tobacco store will be at least 1,000 feet from any residentially zoned property.
3. The tobacco store is in substantial compliance with the requirements of all applicable adopted Building Codes; and
4. The tobacco store is in substantial compliance with the development standards for the zone in which it is to be located.
G. Tobacco Stores - Conditions of Approval. A Conditional Use Permit granted in compliance with this Section shall contain all of the following conditions of approval.
1. The tobacco store shall not sell any tobacco products or tobacco paraphernalia to any person without first examining the purchaser's identification if the purchaser reasonably appears under the age of 27 years old, and confirming that the proposed sale is to a purchaser who is at least the minimum age in State law for being sold the tobacco product or tobacco paraphernalia.
2. The tobacco store shall not employ any person who is younger than the minimum age in State law for being sold or for possessing any tobacco product or tobacco paraphernalia.
3. No person shall display tobacco products or tobacco paraphernalia by means of a self-service display or vending machine.
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4. Fixed security bars may not be installed over windows and glass panels in doors.
Security bars shall be rolled back during the tobacco store's operating hours.
5. No smoking shall be permitted anywhere on the premises of the tobacco store.
6. No more than 10 percent of the floor area of the tobacco store, or eight square feet of shelf space, whichever is less, shall be devoted to the display of tobacco paraphernalia.
7. Violation of any condition of approval shall constitute a public nuisance subject to abatement under this Development Code.
8. The tobacco store shall not sell any drug paraphernalia, or synthetic cannabinoid compounds or derivatives, as defined in Health and Safety Code Section 11357.5, psychoactive bath salts, and/or any other similar psychoactive substances labeled as not safe for human consumption.
9. Tobacco products shall be sold in the original packaging provided by the manufacturer.
H. Tobacco Stores - Permit Not Transferrable.
1. Notwithstanding Section 17.660.060 (Permits to Run with the Land), a Conditional Use Permit for a tobacco store applies only to the location for which it is granted and only to the persons to whom it is granted.
2. If the business is sold, the new owner(s) shall apply for and obtain a new Conditional Use Permit for that location before assuming the operation of the tobacco store.
3. If the owner(s) of a tobacco store desire to move the location of their tobacco store, the owner(s) shall first apply for and obtain a new Conditional Use Permit for that new location.
I. Tobacco Stores - Permit Revocation. A Conditional Use Permit granted in compliance with this Section may be revoked, in compliance with Section 17.725.070 (Revocation or Modifications), after a public hearing is held on the matter if any of the following grounds for revocation exists:
1. The permit was obtained by fraud.
2. The property has ceased to be used as a tobacco store for a period of 180 days or more, or the ownership has changed without obtaining a new Conditional Use Permit.
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Packet Pg. 1561 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
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3. The City issued Business License has been expired for a period of 60 days or more, whether or not the business remains in operation.
4. The Conditional Use Permit is being, or recently has been, exercised contrary to its terms or conditions, or in violation of any local, State or Federal law.
5. The California Board of Equalization has revoked or suspended the Tobacco Retailer's License for the location.
6. One or more of the owner(s) of the tobacco store no longer have a valid Tobacco Retailer's License from the County.
17.430.350 — Vehicle Storage and Towing and Storage
This Section provides standards for the establishment of vehicle storage and towing and storage uses, where allowed in compliance with Article 2 (Zones, Allowable Land Uses, and ZoneSpecific Standards).
A. Pre-existing uses. A legally established vehicle storage and towing and storage uses that becomes nonconforming upon adoption of this Section shall be allowed to continue subject to Chapter 17.705 (Nonconforming Parcels, Structures, and Uses).
B. Operational Standards.
1. The vehicle storage and towing and storage uses shall be as defined in Article 8 – Vehicle Storage (Land Use) and Vehicle Services (Land Use), Towing and Storage.
2. All vehicles within the vehicle storage and towing and storage yards shall have ground contact of all wheels. No stacking of vehicles shall be permitted.
3. All other applicable requirements of the underlying zone, and any applicable combining/overlay zone or specific plan, whichever is most restrictive, shall prevail and other requirements as may be imposed by the review authority pursuant to the discretionary permit process.
4. The business shall be operated in compliance with the provisions of Noise Control (Chapter 8.40 of the San Jacinto Municipal Code).
5. All areas shall be maintained in good repair, in a clean, neat and orderly condition.
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Packet Pg. 1562 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) STANDARDS FOR SPECIFIC LAND USES 17.430
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-183 C. Design and Development Standards.
1. The use shall not be located closer than 300 feet to any property in a residential, mixed use, office, or commercial zone, as measured from property line to property line.
2. The vehicle storage, impound or tow storage yard shall be entirely enclosed by an 8-foot-high decorative masonry wall pursuant to Chapter 17.315 – Fences, Walls, and Hedges and City’s Landscape and Design Guidelines on streets classified as secondary or higher in the General Plan.
3. Setbacks shall be in compliance with the underlying zone except that a minimum 20-foot landscaped setback shall be provided along all street frontages.
4. All landscaping shall be designed in accordance with Chapter 17.325 – Water Efficient Landscaping and Irrigation.
5. The surface of the storage yard shall be covered with slate, slag or alternate dust-, weed- and mud-retardant material acceptable to the review authority. Any stormwater or other runoff from the site shall be contained on the site and disposed of through an on-site drainage system, in conformance with City regulations to enforce the requirements of the National Pollutant Discharge Elimination Systems (NPDES) permit.
6. The use shall be designed in compliance with the Performance Standards of Chapter 17.300 of the Development Code.
7. The use of metal buildings shall be in compliance with Section 17.305.080 – Metal Building and Structures.
8. Parking shall be in compliance with Chapter 17.330 – Off-Street Parking and Loading Standards.
9. Signs shall be in compliance with Chapter 17.335 – Sign Regulations.
10. All applicable standards of Chapter 17.305 – Development and Use Standards shall apply.
D. Modifications. Modifications to the above Operational and Design and Development Standards, even those found in other sections of the Development Code, may be considered in conjunction with a Minor Use Permit.
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Packet Pg. 1563 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
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17.430.360 — Wind Energy Systems
This Section provides standards and procedures for the approval, installation, and operation of noncommercial wind energy systems, where allowed in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).
A. Permit application and processing.
1. Permit requirements. The permit application shall include all information required in Chapter 17.605 (Conditional Use Permits and Minor Use Permits) Chapter 17.325 – Water Efficient Landscape and Irrigation, and the following:
a. Standard drawings and an engineering analysis of the system's tower, showing compliance with the Uniform Building Code (UBC), and certification by a California-licensed professional mechanical, structural, or civil engineer. A "wet stamp" shall not be required on the drawings and analysis if the application demonstrates that the system is designed to meet the most stringent wind requirements (UBC wind exposure D), the requirements for the worst seismic class (UBC Seismic 4), and the weakest soil class, with a soil strength of not more than 1,000 pounds per square foot.
b. A drawing of the system’s electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electric Code.
c. Information demonstrating that the system will primarily be used to reduce on-site consumption of electricity.
d. Evidence that the provider of electric utility service to the site has been informed of the applicant's intent to install an interconnected customerowned electricity generator, unless the applicant intends, and so states in the application, that the system will not be connected to the electricity grid.
e. Evidence that the proposed height of the windmill tower does not exceed the height recommended by the manufacturer or distributor of the system. (ord. 16-01, adopted April 5, 2016)
2. Notice to adjacent property owners. Notice of an application to install a wind energy system shall be provided to all property owners located within a 300-foot radius of the exterior boundaries of the subject parcel.
3. Required findings for approval. In approving the permit for a wind energy system, the review authority shall first find the following, in addition to the
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Packet Pg. 1564 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) STANDARDS FOR SPECIFIC LAND USES 17.430
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-185 findings required for permit approval in Chapter 17.605 (Conditional Use Permits and Minor Use Permits):
a. The location and design of the system will not produce excessive visual impact; or
b. The system will not be the dominant visual feature on a ridgeline when viewed from a public right-of-way,
B. Minimum site area. A wind energy system may only be located on a parcel of one acre or larger in size.
C. Maximum number. A maximum of one wind energy system shall be approved on a single parcel.
D. Limitations on location. A wind energy system shall be:
1. Located a minimum of 500 feet away from another wind energy system; and
2. Set back a minimum distance equal to the tower height plus the length of one blade (the turbine's "total extended height") from the property line, habitable neighboring structures, utility lines, and public right-of-ways.
E. Noise.
1. Decibel levels for the wind energy system shall not exceed the lesser of 60 decibels (dBA), or any existing maximum noise levels applied in compliance with Municipal Code Chapter 8.40 (Noise) and the Noise Element of the General Plan, as measured at the nearest property line, except during short-term events, such as utility outages and severe windstorms. The Director may require submittal of an acoustical analysis report prepared by a qualified acoustical consultant. The report shall address whether wind turbine operations will generate low-frequency noise or infrasound, a steady pure tone, repetitive impulsive sounds, or some combination of these.
2. In the event that noise levels, resulting from a proposed development, exceed the criteria listed above, a waiver to noise levels may be granted by the review authority provided that the following has been accomplished:
a. Written consent from the affected property owner(s) has been obtained stating that they are aware of the proposed development and the noise limitations imposed by this Development Code, and that they grant their consent to allow noise levels to exceed the maximum allowable limits; and
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Packet Pg. 1565 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
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4-186 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 b. A permanent noise impact easement has been recorded in the County Public Records that describes the benefited and burdened properties and advises all subsequent owners of the burdened property that noise levels in excess of those permitted by this Development Code may exist on or at the burdened property. The City Attorney shall approve the form and content of any proposed noise impact easement.
F. Height. Tower heights of not more than 80 feet shall be allowed on parcels between one and five acres. Tower heights of not more than 100 feet shall be allowed on parcels above five acres. All tower heights shall not exceed the applicable limits established by the Federal Aviation Administration. An application shall include evidence that the proposed height of a tower does not exceed the height recommended by the manufacturer or distributor of the system.
G. Equipment standards.
1. Maximum capacity. A wind energy system (i.e., a wind turbine, a tower, and associated control or conversion electronics) may have a maximum rated capacity of 100 kW and shall be intended to primarily reduce on-site consumption of utility power.
2. Turbine standards. The proposed turbine shall have been approved by the California Energy Commission (CEC) as qualifying under the Emerging Renewables Fund of the CEC's Renewables Investment Plan, or certified by a national program recognized and approved by the CEC.
17.430.370 — Wireless Telecommunication Facilities
This Section establishes development standards consistent with Federal law to regulate the placement and design of wireless telecommunication facilities so as to preserve the unique visual character of the City; promote the aesthetic appearance of the City; ensure public safety and welfare; pursue additional benefits from the facilities to the public by encouraging the leasing of publicly owned properties where feasible for the development of telecommunication facilities; and to acknowledge and provide the community benefit associated with the provision of advanced telecommunication services within the City.
Two-level review process. Proposed wireless telecommunication facilities shall be subject to one of the following review and approval processes:
1. Site Plan and Design Review. Proposed wireless telecommunication facilities shown as “P” in the land use tables in Article 2 shall comply with all of findings specified in Subsection B. (Site Plan and Design Review), below, and the design standards and guidelines outlined in Subsections E (Development and design guidelines) and F. (Gateway Area and Major Highways), below, in compliance with Chapter 17.630 (Site Plan and Design Review).
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2. Conditional Use Permit. Proposed wireless telecommunication facilities shown as “MUP” or “CUP” in the land use tables in Article 2 shall require a Minor Use Permit or Conditional Use Permit in compliance with Chapter 17.605 (Conditional Use Permits and Minor Use Permits) and shall comply with all of the design standards and guidelines outlined in Subsections E (Development and design guidelines) and F. (Gateway Area and Major Highways), below. The applicable review authority may grant modifications to specified standards and/or guidelines.
B. Site Plan and Design Review. Site Plan and Design Review and Landscape and Irrigation review (see Chapter 17.325 – Water Efficient Landscape and Irrigation) may be approved for wireless telecommunication facilities only if all of the following findings can be made:
1. The antenna are located in a commercial or industrial zone;
2. Building-mounted or roof-mounted antenna do not exceed 15 feet in height and are architecturally screened from public view;
3. Antenna are stealth design in connection with a structure (e.g., buildings, water tanks, telephone and utility towers, poles, signs, traffic signals, light standards, roadway overpasses, etc.) so as not to be recognized as an antenna;
4. Support equipment is located within a completely enclosed structure or otherwise screened from public view;
5. Antenna meet all of the applicable development standards within the applicable zone as required by this Development Code; and
6. Antenna will be, if reasonably possible, collocated with an existing site (e.g., a utility substation, cellular facility. etc.). (ord. 16-01, adopted April 5, 2016) C. Conditional Use Permit Review. The following wireless telecommunication facilities shall require approval of a Conditional Use Permit and Landscape and Irrigation review pursuant to Chapter 17.325 – Water Efficient Landscape and Irrigation:
1. Ground-mounted antenna (monopole);
2. Proposed facilities that create more than a minimal visual impact on surroundings as determined by the Director. In determining where more than a minimal visual impact exists, the following factors should be considered:
location of facility, size and view of facility from adjacent properties and contrast between the facility and other external structural equipment attached to the facility;
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3. Facilities located within the line of sight of any scenic corridor; and
4. New facilities that may later have facilities co-located with them (“base facilities”) in compliance with Government Code Section 65850.6 (b)(4). (ord. 16- 01, adopted April 5, 2016)
D. Location guidelines.
1. The preferred order for location of wireless telecommunication facilities is as follows:
a. Industrial zones – BP, IH, and IL; and then
b. Commercial zones – CD, CG, CN, CR, and OP. If proposed within a Specific Plan (SP) zone, the preferred land use designation order of placement is:
(1) Industrial zones.
(2) Business park zones.
(3) Commercial zones.
c. Residential zones – RE, RR, RL only.
2. Wireless telecommunication facilities may be approved within a residential zone, provided that the property is not developed with a single-family dwelling unit.
Consideration of potential impacts on any residential property will be evaluated.
3. Wireless telecommunication facilities shall:
a. Be co-located with another structure, where appropriate; b. Utilize stealth designs and technologies; and
c. Be roof-mounted or wall-mounted as an integral architectural element on an existing structure.
4. The applicant shall investigate the feasibility of co-locating additional antenna on the tops of buildings, on existing monopoles, and/or clustering facilities. If colocation or clustering is not possible in the case of a particular proposal, the applicant shall submit evidence at the time of the submittal. With the submittal of the Conditional Use Permit application, the applicant shall submit a copy of the appropriate portion of the tentative lease agreement indicating that no exclusive agreements have been made to prevent future carriers to locate on the
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Packet Pg. 1568 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) STANDARDS FOR SPECIFIC LAND USES 17.430
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-189 same site or facility, as well as submit a design plan that does not preclude the installation of additional antenna by other owners.
5. Monopoles shall be separated by a minimum distance of 1,000 feet from any existing monopoles, as measured in a straight line.
E. Development and design standards and guidelines. Applications for wireless telecommunication facilities shall be submitted to the Department and shall be reviewed for compliance with all applicable design standards and guidelines.
1. All individuals, companies, and providers of wireless telecommunication facilities shall provide a master plan of all existing and proposed sites. The plans shall indicate the type of facility, its height above ground level, associated support structures, and its cell coverage.
2. Support structures shall be screened from public view by locating them next to tall structures or placing them near existing tall trees. Where applicable, the support structures shall be screened from public view with dense landscaping.
3. Wireless telecommunication facilities shall meet all of the applicable setbacks and height regulations of the underlying zone, with the exception of a stealth monopole tower, which may exceed the height limitation of the underlying zone by up to 10 feet.
4. Wireless telecommunication facilities may be designed as part of, or within, a piece of public art (e.g., an entry monument, etc.) or within an historical structure for public benefit.
5. The height of the support structures shall be the minimum necessary to provide the required coverage. However, an antenna mounted on a wireless telecommunications facilities or its support structure consisting of a stealth monopole shall not exceed the maximum allowable height in any underlying zone by more than 10 feet.
6. Safety lighting or colors, if prescribed by the City or other approving agency (i.e., Federal Aviation Administration), may be required for support structures.
7. Support structures shall be either galvanized steel or painted an unobtrusive color to neutralize and blend with surroundings. Where an equipment structure accompanies the support structure, it shall be designed, colored and textured to match adjacent architecture or blend in with surrounding development.
8. A proposed wireless telecommunication facility shall not create any nonconformity on the site (i.e., reduction in parking, landscaping, loading zones; and/or elimination of loading zones). Wireless telecommunication facilities shall
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Packet Pg. 1569 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
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4-190 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 be installed and maintained in compliance with the California Building Code, California Electrical Code, and other applicable codes, including noise regulations in specified Section 17.300.060 (Noise).
9. No existing or future wireless telecommunication facility shall interfere with any public safety radio communications system. If the facilities are found to interfere with a public safety radio communications system, or any system facilitating the transmission or relay of voice or data information for public safety, the facility operator shall immediately cease operation of the wireless telecommunication facilities. Operation of the facility shall only be allowed to resume upon removal or other resolution of interference to the satisfaction of the City.
10. Whip and microwave dish antenna shall be integrated into the design of the structure and/or fully screened from public view.
11. Utilities shall be installed underground.
12. A fence of at least eight feet in height from finished grade shall be installed in order to enclose the base of the antenna supporting structure and associated equipment enclosures. Access to the antenna supporting structure shall be controlled by a locked gate. The fence shall be constructed in compliance with Chapter 17.315 (Fences, Walls, and Hedges), except that chain link construction may be allowed if located in the rear portion of the facility and not visible from a public right-of-way.
13. Temporary monopoles, if associated with an approved wireless telecommunication facility, may be allowed if justified to the satisfaction of the Director for a period of up to 90 days, provided that screening shall be installed to prevent view of the monopole and related facilities from any and all public rights-of-way.
14. Towers or monopoles without stealth treatment for concealment shall be prohibited.
15. The facility operator and/or property owner shall maintain the facility in an appropriate manner consistent with the original approval of the wireless telecommunication facility.
16. If use of the wireless telecommunication facility is discontinued for a period of 180 days or more, all City approvals shall lapse and all equipment related to the wireless telecommunication facility shall be dismantled and removed from the subject parcel within 30 days of discontinuance.
17. Signage.
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Packet Pg. 1570 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) STANDARDS FOR SPECIFIC LAND USES 17.430
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-191 a. No signs shall be placed on antenna supporting structures, ancillary appurtenances, equipment enclosures, or on any fence or wall required/allowed by this Section.
b. If high voltage is necessary for the operation of proposed wireless telecommunications facilities, “High Voltage—Danger” and “No Trespass” warning signs not greater than one square foot in area shall be permanently attached to the fence or wall at intervals of at least 40 feet and upon the access gate.
c. A sign not greater than one square foot in area shall be attached to the access gate that indicates the following information:
(1) Federal registration number, if applicable;
(2) Name of owner or contact person; and
(3) Emergency contact number.
F. Gateway Area and Major Highways. The following additional standards and conditions shall apply to wireless telecommunication facilities located within the “Gateway Area” (Figure 4-4 (Location of Gateway Area) or located within 1,000 feet of the ultimate right-of-way of roadways identified in the General Plan Circulation Element as a Freeway, Limited Access Conventional Highway (6 or 8 lanes), Urban Arterial, or Arterial (Figure 4-5 (Roadways in General Plan Circulation Element).
1. A monopole tower shall utilize stealth design and be set back a minimum of 200 feet from the ultimate right-of-way of any roadway identified in the General Plan Circulation Element as a Freeway, Limited Access Conventional Highway (6 or 8 lanes), Urban Arterial, or Arterial; referenced above and illustrated in Figure 4-5, except in cases of co-location with existing wireless telecommunications facilities approved before adoption of this regulation on June 4, 2009.
2. A wireless telecommunication facility shall be located near existing or proposed trees, vegetation, buildings/structures, or other features that may exist on the project site that would aid in providing screening and concealment. To provide screening and concealment, at least two new 48-inch box trees of similar appearance to a stealth monopole tower shall be provided in close proximity to the facility, as well as suitable landscaping (e.g., bushes, shrubs, vines on fences or walls, etc.). Trees on the project site within 100 feet of the facility may be reasonably trimmed and pruned, but shall be maintained at a height that is consistent with the height of a stealth monopole tower, and shall not be removed unless recommended by an arborist due to disease. Any removed tree shall be replaced with at least one 48-inch box tree.
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3. A Conditional Use Permit granted for a wireless telecommunication facility within the Gateway Area, except for facilities located on previously existing structures (e.g., light standards, buildings/structures, etc.) shall be limited to a term of five years. The Conditional Use Permit shall automatically terminate at the end of the five-year period, unless renewed for additional five-year term(s) in compliance with the applicable provisions of the then-current Development Code. The term limit shall not apply to any wireless telecommunication facility located outside the Gateway Area.
G. Modification of Existing Wireless Telecommunications Facilities.
1. For purposes of this Subsection G., the following definitions shall apply:
a. Base station. The power supplies, electronic equipment, and antennas at an existing wireless tower site that together comprise a wireless telecommunications facility for purposes of this Subsection. b. Substantially change the physical dimensions. A single change, or a series of changes over time (whether made by the same or different entities) viewed against the physical dimensions (including but not limited to the height, circumference, or width) of the wireless telecommunication facility or base station approved as part of the original permit for the wireless telecommunication facility or base station, that would have any of the effects described below:
(1) Changing any physical dimension of the wireless
telecommunication facility or base station in a manner that creates a safety hazard, whether from wind loading, stress on the wireless telecommunication facility or base station, or in any other manner; (2) Changing any physical dimension of a wireless
telecommunication facility or base station, where the changes would be inconsistent with the design of the wireless
telecommunication facility or base station, or make the wireless telecommunications facilities more visible;
(3) Any modification of the wireless telecommunication facility or base station that would require excavation outside the current wireless telecommunication facility or base station site; (4) Changing any physical dimension of the wireless
telecommunication facility or base station involving work that would intrude upon the public right-of-way or any
environmentally sensitive area more than was authorized in the
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Packet Pg. 1572 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) STANDARDS FOR SPECIFIC LAND USES 17.430
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-193 initial permit for the wireless telecommunication facility or base station;
(5) Increasing by more than 10 percent any physical dimension of the wireless telecommunication facility or base station, or increasing by more than 10 percent any physical dimension of any
structure(s) required to support the wireless telecommunication facility or base station (e.g., guy wires), as approved and constructed through the initial permit process; or any increase in height that would cause the wireless telecommunication facility or base station to exceed the maximum height permitted under this Development Code or under the wireless telecommunication facility initial permit;
(6) Increasing by more than 10 percent any of: (a) the height of any structure or object enclosing the wireless telecommunication facility (e.g., a fence or line of bushes); or (b) the area enclosed by any structure or object containing the wireless telecommunication facility;
(7) Adding or replacing any antennas or antenna arrays that would increase the exposed surface area of the wireless
telecommunication or would be of such depth, circumference, or radius as to extend more than 10 percent beyond any existing antenna or antenna array’s depth, circumference, or radius from the wireless telecommunication facility; or
(8) The installation of additional or replacement transmission equipment that involves installing equipment cabinet(s) not permitted under the initial permit, unless the equipment and cabinets will be installed underground.
c. Wireless Telecommunication Facilities. Use as defined in Article 8. d. Wireless Tower . Any structure built for the sole purpose of supporting antennas and their associated facilities used to provide wireless telecommunications services licensed by the Federal Communications Commission (FCC). A water tower, utility tower, utility pole, street light, building or other structure built primarily for any purpose other than supporting antennas and their associated facilities used to provide FCClicensed wireless telecommunications services, including any structure installed in compliance with California Public Utility Code Section 7901, is not a wireless tower for purposes of this Subsection, even if the City has authorized installation of an antenna or a wireless
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Packet Pg. 1573 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.430 STANDARDS FOR SPECIFIC LAND USES
4-194 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 telecommunications facility on the structure or permitted replacement of the structure with a modified structure that may also accommodate antennae or wireless telecommunications facilities (e.g., street light replacement poles with antennae or wireless telecommunications facilities where the primary purpose of the structure remains as a street light).
2. In compliance with P.L. 112-96, Sec. 6409, codified as 47 U.S.C. § 1455(a), and notwithstanding any provision of this Section to the contrary, a request for a modification of an existing wireless telecommunication facility for the collocation of new transmission equipment or removal or replacement of existing transmission equipment that does not substantially change the physical dimensions of the wireless telecommunication facility shall be approved, conditionally approved, or disapproved in compliance with the applicable procedures specified in this Section for a collocation facility, as modified by this Subsection.
3. Any proposed modification to an existing wireless telecommunication facility for the collocation of new transmission equipment or removal or replacement of existing transmission equipment that substantially changes the physical dimensions of either the wireless telecommunication facility , or any modification of any wireless telecommunications facility that does not qualify as an existing wireless tower or base station as defined herein, shall be disapproved and will be subject to the requirements specified in this Section applicable to the specific type of wireless telecommunications facility proposed.
4. A request for a modification of an existing wireless telecommunication facility for the collocation of new transmission equipment or removal or replacement of existing transmission equipment that does not substantially change the physical dimensions of the wireless telecommunication facility station shall be approved if the following findings are first made:
a. The proposed modification does not substantially change the physical dimensions of the wireless telecommunication facility;
b. Completion of the modification as proposed is not inconsistent with the General Plan, the purpose of this Development Code, and the purposes of the zone in which the wireless telecommunication facility is located, and the development policies and standards of the City;
c. The proposed modification will not adversely affect the health, safety or general welfare of persons residing or working on the site of the wireless telecommunication facility or in the vicinity;
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Packet Pg. 1574 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) STANDARDS FOR SPECIFIC LAND USES 17.430
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-195 d. The proposed modification is consistent with the requirements of the Building Code; and
e. The wireless telecommunication facility, as modified, will not exceed Federal RF emission standards.
5. Nothing in this Section shall be deemed to require the City to issue a permit in compliance with this Section as a matter of local law. Nothing in this Section prevents the City from imposing other conditions on the grant of the permit (including by way of example and not limitation time limits on the permit, shielding requirements, coloring, marking requirements, or construction requirements) consistent with obligations imposed with respect to the initial installation or with respect to facilities similar to those proposed by applicant.
6. This Subsection is adopted to comply with P.L. 112-96, Section 6409. This Subsection shall become null and void if P.L. 112-96, Section 6409, is rescinded.
The City further reserves the right to raise all issues or assert any defenses in response to a challenge asserted under P.L. 112-96, Section 6409, including challenges to the constitutionality or validity of that Federal legislation.
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Packet Pg. 1575 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.430
STANDARDS FOR SPECIFIC LAND USES
4-196DECEMBER 202212SAN JACINTO DEVELOPMENT CODE,TITLE 17 Figure 4-4
Location of Gateway Area
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Packet Pg. 1576 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) STANDARDS FOR SPECIFIC LAND USES 17.430
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-197 Figure 4-5
Roadways in General Plan Circulation Element
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Packet Pg. 1577 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.435 CANNABIS ORIENTED BUSINESSES
4-198 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Chapter 17.435 — Cannabis Oriented Businesses
Sections:
17.435.010 – Purpose and Intent
17.435.020 – Applicability
17.435.030 – Definitions
17.435.040 – Cannabis Oriented Businesses Development Standards
17.435.050 – Performance Standards
17.435.060 – Permits Required
17.435.010 — Purpose and Intent
The purpose of this Chapter is to regulate Cannabis Oriented Businesses and uses to promote the health, safety, and general welfare of the citizens of the City. Cannabis Oriented Businesses shall only be permitted in accordance with the criteria and procedures set forth in this Code, upon application and approval of a Cannabis Oriented Business Permit pertaining to the use of the site. Cannabis Oriented Businesses may have a serious deleterious effect upon adjacent areas, as well as the areas in which they are located. It is therefore the purpose of this Chapter to establish standards for the conduct of Cannabis Oriented Businesses which will protect the public health, safety, and welfare, preserve locally recognized values of community appearance, minimize the potential for nuisances related to the operation of Cannabis Oriented Businesses, and maintain local property values.
17.435.020 — Applicability
This chapter shall apply to all Cannabis Oriented Businesses and Uses except Residential Indoor Cultivation regulated by Chapter 9.28 of the San Jacinto Municipal Code.
17.435.030 — Definitions
For purposes of this chapter, the following definitions shall apply. Terms used in this chapter shall be consistent with the Medicinal and Adult-Use Cannabis Regulation and Safety Act, Chapter 1 of Division 10 of the Business and Professions Code, the Cannabis Cultivation Program, Chapter 1, Division 8, Title 3 of the Code of Regulations, and the California Uniform Controlled Substances Act, Chapter 1 of Division 10 of the Health and Safety Code as indicated. The definitions contained at Business and Professions Code section 26001, Code of Regulations section 8000, and Health and Safety Code section 11000, as amended from time to time, shall apply to this chapter and shall be given precedence in the event of a conflict with the definitions in this chapter. In the event of a conflict between state codes, the code section referenced shall be given precedence. The definitions, as they appear as of the adoption of this ordinance, are included for reference purposes in italics and may be amended, administratively, to be consistent with changes in the associated state codes.
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Packet Pg. 1578 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CANNABIS ORIENTED BUSINESSES 17.435
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-199 A. “A-license” has the same meaning as in Section 26001 of the Business and Professions Code. “A-license” means a state license issued under this division for cannabis or cannabis products that are intended for adults who are 21 years of age and older and who do not possess a physician’s recommendation.
B. “A-licensee” has the same meaning as in Section 26001 of the Business and Professions Code. “A-licensee” means any person holding a license under this division for cannabis or cannabis products that are intended for adults who are 21 years of age and older and who do not possess a physician’s recommendation.
C. “Cannabis” has the same meaning as in Section 26001 of the Business and Professions Code. “Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this division, “cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the Health and Safety Code.
D. “Cannabis Oriented Business” means any business which cultivates, manufactures, produces, distributes, sells, or tests cannabis or cannabis products, whether wholesale or retail, for medical or recreational purposes.
E. “Cannabis products” has the same meaning as in Section 11018.1 of the Health and Safety Code. As of the writing of this ordinance, “Cannabis products” means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
F. “Commercial cannabis activity” has the same meaning as in Section 26001 of the Business and Professions Code. “Commercial cannabis activity” includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and cannabis products as provided for in this division [Division 10 Cannabis {26000-26250}].
G. “Cultivation” has the same meaning as in Section 26001 of the Business and Professions Code. “Cultivation” means any activity involving the planting, growing, harvesting, or trimming of cannabis.
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Packet Pg. 1579 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.435 CANNABIS ORIENTED BUSINESSES
4-200 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 H. “Cultivation site” has the same meaning as in Section 8000 of the Code of Regulations Code. “Cultivation site” means a location where commercial cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where any combination of those activities occurs.
I. “Day Care Center” has the same meaning as in Section 26001 of the Business and Professions Code. “Day care center” means a child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and schoolage child care centers, and includes child care centers licensed pursuant to Section 1596.951 [of the Health and Safety Code] (Section 26001 of the Business and Professions Code references Section 1596.76 of the Health and Safety Code).
J. “Delivery” has the same meaning as in Section 26001 of the Business and Professions Code. “Delivery” means the commercial transfer of cannabis or cannabis products to a customer.
K. “Dispensary” shall mean any establishment which engages in the retail sale of cannabis for medical or recreational purposes consistent with the Medicinal and Adult-Use Cannabis Regulation and Safety Act.
L. “Distribution” has the same meaning as in Section 26001 of the Business and Professions Code. “Distribution” means the procurement, sale, and transport of cannabis and cannabis products between licensees.
M. “Indoor Cultivation” (Land Use) means the cultivation of cannabis that occurs within a completely enclosed building that is not a greenhouse of other similar agricultural structure and is different than defined in Section 8000 of the Code of Regulations Code.
N. “Industrial hemp” has the same meaning as in Section 11018.5 of the Health and Safety Code. “Industrial hemp” means a crop that is limited to types of the plant Cannabis sativa L. having no more than three-tenths of 1 percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom. Industrial hemp shall not be subject to the provisions of [Division 10 (commencing with Section 11000) of the Health and Safety Code] or of Division 10 (commencing with Section 26000) of the Business and Professions Code, but instead shall be regulated by the Department of Food and Agriculture in accordance with the provisions of Division 24 (commencing with Section 81000) of the Food and Agricultural Code, inclusive.
O. “M-license” has the same meaning as in Section 26001 of the Business and Professions Code. “M-license” means a state license issued under this division for commercial cannabis activity involving medicinal cannabis.
P. “M-licensee” has the same meaning as in Section 26001 of the Business and Professions Code. “M-licensee” means any person holding a license under this division for commercial cannabis activity involving medicinal cannabis.
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Packet Pg. 1580 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CANNABIS ORIENTED BUSINESSES 17.435
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-201 Q. “Manufacture” has the same meaning as in Section 26001 of the Business and Professions Code. “Manufacture” means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.
R. “Manufacture area” is the area of the site where cannabis or cannabis products are manufactured.
S. “Manufacturer” has the same meaning as in Section 26001 of the Business and Professions Code. “Manufacturer” means a licensee that conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container.
T. “Marijuana” refer to Cannabis.
U. “Medicinal cannabis” or “medicinal cannabis product” has the same meaning as in Section 26001 of the Business and Professions Code. “Medicinal cannabis” or “medicinal cannabis product” means cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician’s recommendation.
V. “Microbusinesses” has the same meaning as in Section 26070 of the Business and Professions Code. “Microbusiness,” for the cultivation of cannabis on an area less than 10,000 square feet and to act as a licensed distributor, Level 1 manufacturer, and retailer under this division, provided such licensee can demonstrate compliance with all requirements imposed by [Division 10 of the Business and Professions Code] on licensed cultivators, distributors, Level 1 manufacturers, and retailers to the extent the licensee engages in such activities. Microbusiness licenses that authorize cultivation of cannabis shall include the license conditions described in subdivision (b) of Section 26060.1 [of the Business and Professions Code].
W. “Nursery” has the same meaning as in Section 26001 of the Business and Professions Code. “Nursey” means a licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis.
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Packet Pg. 1581 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.435 CANNABIS ORIENTED BUSINESSES
4-202 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 X. “Outdoor Cultivation” (Land Use) mean the cultivation and distribution of cannabis that occurs outdoors or within a greenhouse or other similar agricultural structure, and includes “Mixed-Light cultivation” and “outdoor cultivation” as defined in Section 8000 of the Code of Regulations:
1. “Mixed-light cultivation” means the cultivation of mature cannabis in a greenhouse, hoop-house, glasshouse, conservatory, hothouse, or other similar structure.
2. “Outdoor cultivation” means the cultivation of mature cannabis without the use of artificial lighting or light deprivation in the canopy area at any point in time.
Y. “Process,” “Processing,” and “Processes” has the same meaning as in Section 8000 of the Code of Regulations Code. “Process,” “Processing,” and “Processes” mean all activities associated with the drying, curing, grading, trimming, rolling, storing, packaging, and labeling of cannabis or nonmanufactured cannabis products.
Z. “Regulatory permit” means any permit required by the City to engage in a Cannabis Oriented Business or activity, including but not limited to the Cannabis Oriented Business Permit required by San Jacinto Municipal Code section 9.28.
AA. “Secured area” is all cultivation areas, manufacture areas and storage areas, and includes areas where cannabis or cannabis products are loaded onto vehicles or other conveyances for delivery or transportation.
BB. “State license” means any license required by the State of California for the operation of any business or activity related to Cannabis Oriented Businesses, including but not limited to licenses issued under Division 10 of the Business & Professions Code.
CC. “Storage area” is any area where Cannabis or Cannabis Products are stored.
DD. “Testing laboratory” has the same meaning as in Section 26001 of the Business and Professions Code. “Testing laboratory” means a laboratory, facility, or entity in the state that offers or performs tests of cannabis or cannabis products and that is both of the following:
1. Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state.
2. Licensed by the Bureau of Cannabis Control.
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Packet Pg. 1582 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CANNABIS ORIENTED BUSINESSES 17.435
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-203 EE. “Youth Center” has the same meaning as in Section 26001 of the Business and Professions Code. “Youth center” means any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities (Section 26001 of the Business and Professions Code references Section 11353 of the Health and Safety Code).
FF. Any term defined in this Section also means the very term as defined in the California Use & Professions Code or the California Health & Safety Code, unless otherwise specified.
17.435.040 — Cannabis Oriented Businesses Development Standards All Cannabis Oriented Businesses shall comply with the following requirements, and the following applicable requirements of this Section shall be deemed conditions of all Cannabis Oriented Businesses Permit approvals. Failure to comply with applicable requirement contained in this Code shall be grounds for revocation of any permit issued in compliance with this Code.
A. Underlying Zone Standards. The establishment of a Cannabis Oriented Business shall comply with all applicable City zoning site development standards of the zone, or area in which the Cannabis Oriented Business is located, the building and construction codes, maximum occupancy loads, fire codes, and health and safety regulations in effect in the City, except as explicitly modified by this chapter. Non-conforming uses or properties must be brought into conformity with all applicable standards including, but not limited to, parking, landscaping, and signage.
B. Permitted Locations. Cannabis Oriented Businesses shall only be permitted in the following locations:
Land Use Permitted Location
Outdoor Cultivation Parcels located west of North Sanderson Avenue and north of Cottonwood Avenue.
Indoor
As permitted in Tables 2-2 – Allowed Uses and Permit
Requirements (Commercial and Office Zones and
Industrial Zones respectively)
Cultivation
Dispensaries
Distribution
Manufacturing
Microbusinesses
Testing Laboratories
C. Restriction on Alcohol and Tobacco Sales or Consumption. Cannabis Oriented Business shall not allow the sale, dispending, or consumption of alcoholic beverages or tobacco on the site of the Cannabis Oriented Business.
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Packet Pg. 1583 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.435 CANNABIS ORIENTED BUSINESSES
4-204 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 D. Outdoor Cultivation.
1. Minimum Site Size. No outdoor Cannabis Oriented Businesses use shall take place on any parcel/lot less than 2 acres.
2. Minimum Cultivation Area Size. There is no minimum; however, the cultivation area shall comply with licensing requirements established by the California Department of Food & Agriculture.
3. Maximum Cultivation Area Size. There is no maximum; however, the cultivation area shall comply with licensing requirements established by the California Department of Food & Agriculture.
4. Secure Area. The secure area shall be fully enclosed in a minimum 6-foot-tall fence or wall. All loading, unloading and distribution areas shall be screened from view from the right of way by the building or solid wall (block, wood or vinyl) no less than 6 feet. a. Prohibited Materials: Screen mesh and other similar material shall not be added to chain link fencing. Barbed wire, razor wire, and or anyfences with an electrical charge that can be touched from outside the fence other similar materials that contain an electrical charge that can be touched or seen from outside the fence and wall shall be prohibitedbe prohibited if visible from the public right-of -way.
5. Proximity Standards – Schools, Day Care and Youth Centers. No outdoor cultivation use shall be established or located within 600 feet of a school providing instruction in kindergarten or any grades 1 through 12, Day Care Center, or Youth Center. The distance between any Cannabis Oriented Businesses and any school shall be measured in a straight line, without regard to the boundaries of the City and intervening structures, from the nearest property line of the site containing the Cannabis Oriented Business to the nearest property line of the School, Day Care and Youth Center.
6. Proximity Standards - Residences.
a. No outdoor cultivation use shall be established or located within 100 feet of any residence excluding residences located within the parcel for which a Cannabis Oriented Business Permit is requested.
b. Outdoor cultivation within 200 feet of any residence, excluding residences located within the parcel for which a Cannabis Oriented Business Permit is requested, shall be limited to areas within an enclosed greenhouse with sufficient odor control mechanisms.
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SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-205
7. Permitted Accessory Uses. Outdoor Cultivation uses shall be limited to the growth, cultivation, processing, transportation and distribution of cannabis.
8. Prohibited Uses. Manufacturing, retail sales, and other uses not expressly permitted shall be prohibited.
9. Parking.
a. Quantity: On-Site parking shall be provided as determined by the Director based on the operation of the facility.
b. Material: An alternative all-weather parking surface may be permitted subject to review and approval of the Director, Engineering and the Fire Marshal; however, at least the first 100 feet of the driveway must be paved per city standards to prevent track out onto City streets.
10. Parking Lot Lighting. Parking lot lighting shall not be required.
E. Indoor Cannabis Oriented Uses
1. Minimum Area Size. There is no minimum; however, the cultivation or manufacturing areas shall comply with licensing requirements established by the California Department of Food & Agriculture.
2. Maximum Cultivation Area Size. There is no maximum; however, the cultivation or manufacturing areas shall comply with licensing requirements established by the California Department of Food & Agriculture.
3. Secure Area. The secure area shall be fully enclosed in a minimum 6-foot-tall fence or wall. All loading, unloading and distribution areas shall be screened from view from the right of way by the building or solid masonry wall no less than 6 feet. a. Prohibited Materials: Screen mesh and other similar material shall not be added to chain link fencing. Barbed wire, razor wire, or any other similar materials that contain an electrical charge that can be touched from outside the fence and wall shall be prohibited.
4. Proximity Standards – Schools, Day Care and Youth Centers. No indoor cultivation use shall be established or located within 600 feet of an existing school providing instruction in kindergarten or any grades 1 through 12, Day Care Center, or Youth Center. The distance between any Cannabis Oriented Businesses and any school shall be measured in a straight line, without regard to the boundaries of the City and
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Packet Pg. 1585 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.435 CANNABIS ORIENTED BUSINESSES
4-206 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 intervening structures, from the building containing the Cannabis Oriented Business to the nearest property line of the School, Day Care and Youth Center.
5. Proximity Standards - Residences. No Cannabis Oriented Businesses shall be established or located within 100 feet of any residential dwelling. The distance between any Cannabis Oriented Businesses and any residence shall be measured in a straight line, without regard to the boundaries of the City and intervening structures, from the building containing the Cannabis Oriented Business to the nearest property line of the residence.
6. Parking. Parking shall be provided in accordance with Chapter 17.330 except as modified below.
Use Minimum Parking Spaces
Cultivation, Distribution and
Manufacturing
1 space per employee at the largest
shift
Dispensary (Adult Use Retail and
Medical Sales)
1 space for each 250 square feet GFA
Testing Laboratories 1 space for each 500 square feet GFA GFA – Gross Floor Area
7. Additional Standards for Dispensaries
a. Notwithstanding the proximity standards above, no Dispensary shall be established or located within 600 feet of a feet of an existing school providing instruction in kindergarten or any grades 1 through 12, Day Care Center, or Youth Center. The distance between the Dispensary and any school shall be measured in a straight line, without regard to the boundaries of the City and intervening structures, from the building containing the Dispensary to the nearest property line of the School, Day Care and Youth Center. b. Dispensaries shall only be permitted as an ancillary use to a permitted and fully operational Cultivation or Manufacturing Cannabis Oriented Business located within the City Limits. A maximum of one (1) dispensary shall be permitted per licensed Cultivator or Manufacturer. No Land Use Permit applications for a Dispensary shall be accepted for processing until the associated cultivation or manufacturing Cannabis Oriented Business is fully operational.
c. Dispensaries must obtain a separate Cannabis Oriented Businesses Permit and a Cannabis Oriented Business Regulatory Permit.
d. Only one dispensary may be located on a single-parcel.
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SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-207 e. Dispensaries shall not be located within 500 feet of another dispensary. The distance between dispensaries shall be measured in a straight line, without regard to the boundaries of the City and intervening structures, from the property lines of each dispensary nearest the other.
f. Dispensaries shall be limited in size to no larger than three thousand, five hundred (3,500) square feet while at no time allowing the public dispensing area to exceed one thousand, five hundred (1,500) square feet. g. No dispensary shall operate between the hours of 10:00pm and 6:00am. h. Dispensaries shall maintain High Resolution video recording of all entrances and exits and interior spaces of the facility for no less than 240 hours. The cameras shall be in use twenty-four (24) hours per day, seven days per week. i. Recordings made by security cameras shall be made immediately available to the city manager or designee upon verbal request; no search warrant or subpoena shall be needed to view the recorded materials. j. The cannabis retail business shall notify patrons of the following through posting of a sign in a conspicuous location:
i. Secondary sale, barter or distribution of cannabis is a crime and can lead to arrest.
ii. Loitering on and around the retail site is prohibited by California Penal Code § 647(e) and that patrons must immediately leave the site and not consume cannabis in the vicinity of the retail site or on the property or in the parking lot.
iii. A warning that patrons may be subject to prosecution under federal cannabis laws.
iv. That the use of cannabis may impair a person's ability to drive a motor vehicle or operate machinery.
17.435.050 — Performance Standards
A. No Consumption. Cannabis or Cannabis Product shall not be consumed on any site containing a Cannabis Oriented Business except as authorized by a Cannabis Oriented Business Permit in compliance with State Law.
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17.435 CANNABIS ORIENTED BUSINESSES
4-208 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 B. Secured Area. The main entrance to the secured area shall be manned by at least one security guard at all times during operating hours. Any other entrance shall be secured in a manner that only enables entry of authorized persons. For purposes of this requirement, the “main entrance” may be the entrance to the employee parking area provided that the parking area is secure and there is no separate main entrance to the secured area. Each cultivation area, manufacture area, and storage area shall be within the secured area.
C. Manufacturing, Storage and Distribution Areas. All manufacturing, storage and distribution shall be within a fully enclosed building or accessory structure, except that outdoor loading docks may be used for loading for distribution provided the loading docks are fully screened from public view by a building or solid masonry wall as provided above.
D. Cleanliness. All exterior areas of any Cannabis Oriented Business site, including building, landscaping, and parking areas, shall be maintained in a clean and orderly manner free of trash, weeds, and debris.
E. Lighting. All lighting shall be in accordance with Section 17.300.080 – Outdoor Light and Glare and Section 17.330.080 – Parking Design and Development Standards of the Development Code except as otherwise modified in this Chapter.
F. Noise. Cannabis Oriented Business shall comply with all applicable standard of Section
17.300.060 – Noise of the Development Code and Chapter 8.40 – Noise of the Municipal Code.
G. Odor Control. Cannabis Oriented Business shall install odor control systems to ensure that odors from the facility are not detectable from the outside of the facility. Failure to control odors from being detectable from outside the facility shall be grounds for revocation of the Cannabis Oriented Business Permit.
H. Management. A manager with operational authority shall be on the premises during all times the use is operating and must be included on the associated Cannabis Oriented Business Regulatory Permit.
I. Protection of Minors. In Compliance with Section 26140 of the Business and Professions Code:
1. Any facility with an A-license shall not:
a. Sell cannabis or cannabis products to persons under 21 years of age. b. Allow any person under 21 years of age on its premises, unless the A-licensee holds an M-license and the licensed premises for the A-license and M-license are the same.
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SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-209 c. Employ or retain persons under 21 years of age.
d. Sell or transfer cannabis or cannabis products unless the person to whom the cannabis or cannabis product is to be sold first presents documentation which reasonably appears to be a valid government-issued identification card showing that the person is 21 years of age or older.
2. Notwithstanding subdivision (1) above, any facility with an M-licensee may:
a. Allow on the premises any person 18 years of age or older who possesses a valid government-issued identification card, and either a valid county-issued identification card under Section 11362.712 of the Health and Safety Code or a valid physician’s recommendation for himself or herself or for a person for whom he or she is a primary caregiver.
b. Allow any person 21 years of age or older on its premises if the M-licensee holds an A-license and the licensed premises for the M-license and A-license are the same.
c. Sell cannabis, cannabis products, and cannabis accessories to a person 18 years of age or older who possesses a valid government-issued identification card and either a valid county-issued identification card under Section 11362.712 of the Health and Safety Code or a valid physician’s recommendation for himself or herself or for a person for whom he or she is a primary caregiver.
J. Copies of State Permits. The applicant shall provide the City with copies of all applications, plans and security plans submitted to the State for a State License.
17.435.060 — Permits Required
A. Land Use Permit. Every property for which a Cannabis Oriented Business is proposed to be established, maintained, operated, or conducted in the City shall obtain a Cannabis Oriented Business Permit, pursuant to Chapter 17.603 – Cannabis Oriented Business Permit.
B. Regulatory Permit. Every person who proposes to establish, maintain, operate, or conduct a Cannabis Oriented Business in the City shall obtain a Cannabis Oriented Business Regulatory Permit required by the City, pursuant to Chapter 9.28 – Regulation of Cannabis Uses C. Business License. Every person who proposes to establish, maintain, operate, or conduct a Cannabis Oriented Business in the City shall obtain a business license.
D. State License. Every person who proposes to establish, maintain, operate, or conduct a Cannabis Oriented Business in the City and every property for which a Cannabis Oriented
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Packet Pg. 1589 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.435 CANNABIS ORIENTED BUSINESSES
4-210 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Business is proposed to be established, maintained, operated, or conducted shall obtain all state licenses for the activity to be conducted. Any applicant or operator who begins operation prior to issuance of state licenses must fully comply with existing state and local law and must apply for a state license at the earliest possible opportunity. To the extent the United States of America, or any federal department or agency, establishes any procedure for the licensing, permitting, or regulating of Cannabis Oriented Business, then any reference in this Code to a state license shall be deemed to also include any relevant federal license.
E. Duty to Maintain Copies of All Permits, Licenses, Permits and Conditions of Approval. A copy of all Land Use Permits, Regulatory Permits, Business License, State License or other permit or license required by the City, County, or State for the establishment or operation of a Cannabis Oriented Business shall be maintained on site along with all conditions of approval associated thereof. Such permits may be inspected from time to time by City, County or State representatives or Law Enforcement personnel and shall be furnished immediately upon request. The on-site manager, in addition to the property owner, business owner, or representative shall be responsible for ensuring compliance with all applicable codes, permits, licenses, and conditions of approval. (Ord. 19-10, Adopted June 18, 2019
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Packet Pg. 1590 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
CANNABIS
ORIENTED BUSINESSES 17.435
SAN JACINTO DEVELOPMENT CODE,TITLE 17DECEMBER 202212 211
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Packet Pg. 1591 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ARTICLE 5 RESOURCE MANAGEMENT
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 5-1 Article 5
Resource Management
Table of Contents
Page
Chapter 17.500 — Archaeological, Paleontological, and Tribal Cultural Resource Protection.5- 2 17.500.010 — Purpose ....................................................................................................................5-2
17.500.020 — Applicability............................................................................................................5-2
17.500.030 — Resource Assessment Procedures ........................................................................5-2 Chapter 17.510 — Historic Preservation ............................................................................................5-6
17.510.010 — Purpose ....................................................................................................................5-6
17.510.020 — Duties of the Commission .....................................................................................5-6
17.510.030 — Register of Historic Resources ..............................................................................5-6
17.510.040 — Designation as Historic Resource.........................................................................5-6
17.510.050 — Criteria for Designation .........................................................................................5-7
17.510.060 — Alteration of Designated Historic Resource .......................................................5-7
17.510.070 — Procedure for Protection of Potential Historic Resources.................................5-9
17.510.080 — Appeals ..................................................................................................................5-10 Chapter 17.520 — Natural Resource Conservation........................................................................5-11
17.520.010 — Purpose ..................................................................................................................5-11
17.520.020 — Applicability..........................................................................................................5-11
17.520.030 — Plant and Habitat Conservation .........................................................................5-11
17.520.040 — Soil Conservation..................................................................................................5-12
17.520.050 — Water Quality........................................................................................................5-12
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Packet Pg. 1592 Attachment: B.6 - Exhibit F Article 5 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ARCHAEOLOGICAL AND PALEONTOLOGICAL RESOURCE PROTECTION 17.500 SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 5-2 Chapter 17.500 — Archaeological, Paleontological, and Tribal Cultural Resource Protection
Sections:
17.500.010 — Purpose
17.500.020 — Applicability
17.500.030 — Resource Assessment Procedures
17.500.010 — Purpose
The requirements of this Chapter are intended to ensure that appropriate safeguards are established and followed in order to protect archaeological, paleontological, and tribal cultural resources whose potential location is identified, or which are actually discovered as a result of development activity.
17.500.020 — Applicability
A. Identified areas with potential archeological, paleontological, and tribal cultural resources. Areas that have been identified as having the potential for containing archaeological, paleontological, or tribal cultural resources include the following:
1. Areas identified on Figure RM-4 (Cultural Resources) in the General Plan;
2. Areas identified by the environmental review process (Section 17.600.090 [Environmental Review]); or
3. Areas brought to the City’s attention through special studies performed after the enactment of this Chapter;
4. Native soil
B. Resource assessment before CEQA compliance review. Within identified areas with potential archeological, paleontological, and tribal cultural resources, resource assessment shall be completed before CEQA compliance review. The Director may require the submittal of a resource assessment report in compliance with Section
17.500.030 (Resource Assessment Procedures).
17.500.030 — Resource Assessment Procedures
A. Archaeological and paleontological resources.
1. Where development is proposed for an area in which there are known archaeological or paleontological resources on the site or in the vicinity, and for which the Director determines no adequate prior assessment of on-site resources
4.5.h
Packet Pg. 1593 Attachment: B.6 - Exhibit F Article 5 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.500 ARCHAEOLOGICAL AND PALEONTOLOGICAL RESOURCE
PROTECTION
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 5-3 has been completed, a report shall be prepared by a qualified professional before CEQA compliance review. The Director may waive the requirement for a report if the Director determines that an existing report satisfies this requirement.
2. The objective of the report shall be to determine if significant archaeological or paleontological resources are potentially present and if the project will significantly impact these resources.
3. If significant impacts are identified, the review authority may require:
a. Modification of the project to avoid impacting the archaeological or paleontological resources;
b. Monitoring of soil disturbance activities where the soil has a high potential to contain significant nonrenewable archaeological or paleontological resources; or
c. Mitigation measures to mitigate the impacts (i.e., recovering the archaeological or paleontological resources for preservation).
C. Tribal cultural resources. For projects that involve ground disturbing activities on native soil, prior to the issuance of a grading permit, the applicant shall enter a Treatment and Disposition Agreement (TDA) with the Soboba Band of Luiseño Indians to address treatment and disposition of archaeological/cultural resources and human remains associated with Soboba Band of Luiseño Indians that may be uncovered or otherwise discovered during construction of the project. The TDA may establish provisions for tribal monitors. Following execution of the TDA by the developer and Soboba Band of Luiseño Indians, the TDA will be submitted to the Department and be incorporated by reference into the grading permit.
D. Discovery of resources. The City shall make provisions for archaeological or paleontological resources accidentally discovered during construction, or when the City does not have approval authority over the project, shall encourage the lead agency to make provisions. These provisions shall include an immediate evaluation of the find and contingency funding and time allotment sufficient to allow for the recovery of the archeological or paleontological resource or implement measures to avoid disturbing the resource if the resource is determined to be unique.
E. Human remains.
1. In the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains shall be halted until the County Coroner has been informed and has determined that no investigation of the cause of death is required.
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Packet Pg. 1594 Attachment: B.6 - Exhibit F Article 5 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ARCHAEOLOGICAL AND PALEONTOLOGICAL RESOURCE PROTECTION 17.500 SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 5-4
2. If the remains are of Native American origin, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until:
a. The descendants from the deceased Native Americans have made a recommendation to the landowner or the persons responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code Section 5097.98, or
b. Confirmation is provided to the City that the Native American Heritage Commission (NAHC) was unable to identify a descendant or the descendant failed to make a recommendation within 24 hours after being notified by the NAHC.
F. Notification to Native American tribes.
1. Amendments and adoptions. Before adopting any General Plan, General Plan amendment, specific plan, or specific plan amendment, the City shall in compliance with Government Code Section 65352.3 take the following actions:
a. Notify appropriate tribes of the opportunity for consultation for the purpose of preserving, or mitigating impacts to, cultural places located on land within the City’s jurisdiction in compliance with Subsection
17.720.030.D. (Notification and consultation with California Native American tribes required).
b. Refer the proposed action to those tribes that are on the Native American Heritage Commission (NAHC) contact list and have traditional lands located within the City’s jurisdiction for a 45-day comment period. c. At least 10 days before a public hearing, the City shall send notice to tribes that have filed a written request for notice in compliance with Subsection 17.710.020.B. (Method of notice distribution).
2. Open space designations. Before designating open space, the City shall consult with tribes if the affected land contains a cultural place and if the affected tribe has requested public notice in compliance with Government Code Section 65092.
3. Conditions of approval for Conditional Use Permits and Subdivision Maps. a. Prior to the issuance of a grading permit, the developer shall enter a Treatment and Disposition Agreement (TDA) with the Soboba Band of Luiseno Indians to address treatment and disposition of archaeological/cultural resources and human remains associated with
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Packet Pg. 1595 Attachment: B.6 - Exhibit F Article 5 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.500 ARCHAEOLOGICAL AND PALEONTOLOGICAL RESOURCE
PROTECTION
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 5-5 Soboba Band of Luiseno Indians that may be uncovered or otherwise discovered during construction of the project. The TDA may establish provisions for tribal monitors. Following execution of the TDA by the developer and Soboba Band of Luiseno Indians, the TDA will be submitted to the Department and be incorporated by reference into the grading permit.
b. If an archeological/cultural assessment demonstrates the potential for archeological/cultural resources to occur on the project site, tribal monitors, including the Soboba Band of Luiseno Indians may be allowed to monitor all grading, excavation, ground-disturbing activities, including further survey. Following the agreement of the developer, the designated archeologist, tribal monitor, and any applicable responsible or trustee agencies, grading, excavation, ground-disturbing activities shall be stopped temporarily and redirected in the event that any archeological/cultural resources are discovered in order to evaluate the significance of any archeological/cultural resource discovered on the property.
c. If paleontological resources are encountered during grading, ground disturbance activities shall cease so a qualified paleontological monitor can evaluate any paleontological resources exposed during the grading activity. If paleontological resources are encountered, adequate funding shall be provided to collect, curate and report on these resources to ensure the values inherent in the resources are adequately characterized and preserved. Collected specimens shall be sent to the appropriate authorities for collection.
d. If human remains are encountered on the property, then the Riverside County Coroner's Office must be contacted within 24 hours of the find, and all work halted until a clearance is given by that office and any other involved agencies. If it is determined that the remains might be those of a Native American, the California Native American Heritage Commission and the Soboba Band of Luiseno Indians shall be notified and appropriate measures provided by State law shall be implemented.
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Packet Pg. 1596 Attachment: B.6 - Exhibit F Article 5 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.510 HISTORIC PRESERVATION
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 5-6 Chapter 17.510 — Historic Preservation
Sections:
17.510.010 — Purpose
17.510.020 — Duties of the Commission
17.510.030 — Register of Historic Resources
17.510.040 — Designation as Historic Resource
17.510.050 — Criteria for Designation
17.510.060 — Alteration of Designated Historic Resource
17.510.070 — Procedure for Protection of Potential Historic Resources
17.510.080 — Appeals
17.510.010 — Purpose
This Chapter provides guidelines to assist in the identification and preservation of historic and cultural resources within the City. These guidelines are intended to preserve those elements of San Jacinto’s heritage, which may now or in the future be endangered as to their existence, or to maintain their historic or cultural integrity.
17.510.020 — Duties of the Commission
The Commission shall have the authority to review and make determinations and recommendations on various matters relating to a proposed or designated historic resource.
17.510.030 — Register of Historic Resources
A San Jacinto Register of Historic Resources is hereby created that shall contain the name, location, pertinent historic data, and date of entry on the register of structures, or natural or manmade features receiving a Historic Resource designation. The San Jacinto Register of Historic Resources shall be maintained in the City Clerk’s office.
17.510.040 — Designation as Historic Resource
A. Designation. Upon the written consent of the property owner, the Commission may upon its own initiative or upon request of a person or government agency, approve a designation for a historic or cultural resource.
B. Public hearing. The Commission shall hold public hearings on requests for designation in compliance with Chapter 17.710 (Public Hearings).
C. Findings and decision. The Commission, after due consideration and public hearing(s), shall by resolution approve or disapprove the request for designation, stating the reasons for the action.
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Packet Pg. 1597 Attachment: B.6 - Exhibit F Article 5 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) HISTORIC PRESERVATION 17.510
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 5-7 D. Appeal of decision.
1. The decision of the Commission shall be final unless appealed to the Council within 15 days following the decision.
2. If appealed, the City Clerk shall schedule a public hearing before the Council and the Council shall, by resolution, approve or disapprove the request, stating the reasons for the action, in compliance with Chapter 17.715 (Appeals).
E. Notice with City Clerk. Upon approval of a designation, notice shall be placed with the City Clerk and in the Building Permit address file for consideration before issuance of future requested Building or Demolition Permits.
17.510.050 — Criteria for Designation
In considering a request for a designation, the following criteria shall be used in determining eligibility:
A. Character, interest, or value as part of the heritage of the City.
B. Location as a site of historical event.
C. Identification with a person(s) or group(s) who significantly contributed to the culture and development of the City.
D. Exemplification of a particular architectural style or way of life important to the City.
E. Identification as the work of a person(s) whose work has influenced the heritage of the City, the State of California, or the United States.
F. Embodiment of elements of outstanding attention to architectural design, craftsmanship, detail, materials, or the best remaining architectural type in an area.
G. Relationship to other landmarks, where the preservation of one has a bearing on the preservation of another.
H. A unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood.
I. Integrity as a natural environment that strongly contributes to the wellbeing of the people of the City.
17.510.060 — Alteration of Designated Historic Resource A. Rehabilitation criteria. An alteration of an Historic Resource shall comply with the Secretary of the Interior’s “Standards for Rehabilitation of Historic Properties,” the State
4.5.h
Packet Pg. 1598 Attachment: B.6 - Exhibit F Article 5 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.510 HISTORIC PRESERVATION
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 5-8 Historical Building Code (Health and Safety Code Section 18950 et seq.), and other design criteria and standards established by resolution of the Council. The primary concern is with the exterior of the Historic Resource unless there are interior features that greatly contribute to the significance of the property.
B. Maintain historic nature. Every attempt shall be made to restore or modify the Historic Resource in a way to maintain the historic nature of the property, but not so as to burden the owner of the Historic Resource with the requirements that are not practically or economically available in current markets.
C. Alterations. Alterations of an Historic Resource shall be subject to review and approval in compliance with the following procedures.
1. Director review. The following projects shall be subject to the review and approval of the Director. Alternatively, the Director may defer action and refer the request to the Commission.
a. Minor alterations, including the addition, change, or removal of exterior architectural features and existing hardscape.
b. Minor improvements (e.g., air conditioning units, arbors, fences, greenhouse windows, roof mounted equipment, skylights, and solar panels).
c. Expansion of an Historic Resource by less that 10 percent of the existing floor area; provided, the expansion is not readily visible from the public street.
d. The construction or demolition of accessory structures that have a floor area less than 500 square feet.
2. Commission review. The following projects shall be subject to the review and approval of the Commission.
a. A proposed alteration that the Director determines to be inconsistent with the design criteria of the Secretary of Interior’s “Standards for Rehabilitation of Historic Properties” and/or the State Historical Building Code (Health and Safety Code Section 18950 et seq.).
b. A proposed alteration that involves the construction of a new, detached structure that has a floor area of 500 square feet or more. c. Expansion of an Historic Resource by more than 10 percent but less than 50 percent of the existing floor area; provided, the expansion does not exceed 500 square feet.
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Packet Pg. 1599 Attachment: B.6 - Exhibit F Article 5 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) HISTORIC PRESERVATION 17.510
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 5-9 d. An alteration of an Historic Resource that is readily visible from the public street.
3. Site Plan and Design Review required. The following projects shall be reviewed by the Commission and shall require Site Plan and Design Review in compliance with Chapter 17.630. The Commission may approve projects with conditions that the Historic Resource be memorialized by providing a written history of the site, photo documentation, placement of a historic marker signifying the importance of the site, or other means as deemed appropriate by the Commission.
a. On appeal, a proposed alteration that the Director determines to be inconsistent with the design criteria of the Secretary of Interior’s “Standards for Rehabilitation of Historic Properties” and/or the State Historical Building Code (Health and Safety Code Section 18950 et seq.). b. An alteration that results in an Historic Resource being enlarged by more than 50 percent of the existing floor area or more than 500 square feet. c. The demolition of an Historic Resource where all or part of it will be removed from a site either by relocation or destruction.
D. Waiver of standards. The Commission may waive or modify the applicable development standards identified in this Chapter.
E. Approval of a land use not otherwise allowed. In order to preserve an Historic Resource, the Commission may approve a change to a land use that is not otherwise allowed in the subject zone, but which is allowed in other zones.
17.510.070 — Procedure for Protection of Potential Historic Resources A. Report on potential historic resources. For structures that potentially have historical significance as identified in Figure RM-4 (Cultural Resources) of the General Plan, the City shall require preparation of a study by a qualified professional archaeologist or historian to determine the actual significance of the structure and potential impacts of the proposed development in compliance with CEQA Guidelines Section 15064.5.
B. Mitigation. The Director may require modification of the project and/or mitigation measures to avoid any impact to a historic structure, when feasible, by retaining or rehabilitating historic structures in compliance with the City guidelines.
C. Relocation allowed. If an adverse impact on a historic structure cannot be avoided by the project, the significant historic structure may, as a mitigation measure, be relocated to avoid the adverse impact.
4.5.h
Packet Pg. 1600 Attachment: B.6 - Exhibit F Article 5 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.510 HISTORIC PRESERVATION
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 5-10
17.510.080 — Appeals
Decisions made by the Director or the Commission may be appealed in compliance with Chapter 17.715 (Appeals).
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Packet Pg. 1601 Attachment: B.6 - Exhibit F Article 5 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) NATURAL RESOURCE CONSERVATION 17.520
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 5-11 Chapter 17.520 — Natural Resource Conservation
Sections:
17.520.010 — Purpose
17.520.020 — Applicability
17.520.030 — Plant and Habitat Conservation
17.520.040 — Soil Conservation
17.520.050 — Water Quality
17.520.010 — Purpose
This Chapter provides uniform standards for proposed development and new land uses within the City to ensure the protection of important habitat, plant, soil, and water resources and to implement applicable provisions of the General Plan.
17.520.020 — Applicability
The provisions of this Chapter apply to all proposed development and new land uses in all zones. Uses of the land that existed on the effective date of this Chapter shall not be altered or modified so as to conflict with, or further conflict with, these standards. If requested by the Director or the review authority, applicants shall provide evidence to the Director that the proposed development is in compliance with the standards in this Chapter and other applicable standards in this Development Code before the issuance of a Building Permit, Business License, or Zoning Clearance.
17.520.030 — Plant and Habitat Conservation
A. Multiple Species Habitat Conservation Plan (MSHCP). Development shall comply with the applicable terms of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) (particularly Section 3.2.13 San Jacinto Valley Area Plan) including, but not limited to, the payment of mitigation fees, narrow endemic surveys, riparian/riverine policy, and other applicable surveys.
B. Habitat Evaluation and Acquisition Negotiation Strategy (HANS) application.
Applicants for a discretionary permit for property located in Criteria Area/Criteria Cell(s) as designated in Multiple Species Habitat Conservation Plan shall submit a Habitat Evaluation and Acquisition Negotiation Strategy (HANS) application to the Riverside County Environmental Programs Department and subsequently to the Western Riverside Regional Conservation Authority (RCA) for Joint Project Review (JPR).
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Packet Pg. 1602 Attachment: B.6 - Exhibit F Article 5 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.520 NATURAL RESOURCE CONSERVATION
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 5-12
17.520.040 — Soil Conservation
See Municipal Code Chapter 15.30 (Dust Control).
17.520.050 — Water Quality
Substances of any kind shall only be discharged into a body of water, public or private sewage or drainage system, watercourse, or into the ground in compliance with Municipal Code Chapter 13.44 (Storm Water Management) and Section 17.600.100 (Water Quality Management Plan [WQMP] Required).
4.5.h
Packet Pg. 1603 Attachment: B.6 - Exhibit F Article 5 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ARTICLE 6 PERMIT PROCEDURES
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-1 Article 6
Permit Procedures
Table of Contents
Page
Chapter 17.600 — Permit Application Filing and Processing............................................. 6-66-66-6
17.600.010 — Purpose ......................................................................................................... 6-66-66-6
17.600.020 — Authority for Land Use and Zoning Decisions ....................................... 6-66-66-6
17.600.030 — Multiple Permit Applications .................................................................... 6-66-66-6
17.600.040 — Application Preparation and Filing .......................................................... 6-86-86-8
17.600.050 — Application Fees .......................................................................................... 6-96-96-9
17.600.060 — Applicant Indemnification ......................................................................... 6-96-96-9
17.600.070 — Initial Application Review ................................................................... 6-106-106-10
17.600.080 — Project Evaluation and Staff Reports .................................................. 6-116-116-11
17.600.090 — Environmental Review ......................................................................... 6-116-116-11
17.600.100 — Water Quality Management Plan (WQMP) Required...................... 6-126-126-12 Chapter 17.603 — Cannabis Oriented Businesses Permit.............................................. 6-176-176-17
17.603.010 — Purpose and Intent ................................................................................ 6-176-176-17
17.603.020 — Applicability........................................................................................... 6-186-186-18
17.603.030 — Review Authority .................................................................................. 6-186-186-18
17.603.040 — Application Requirements.................................................................... 6-186-186-18
17.603.050 — Phased Expansion and Build-Out ....................................................... 6-206-206-20
17.603.060 — Investigation and Action on Application ........................................... 6-216-216-21
17.603.070 — Permit Disapproval ............................................................................... 6-216-216-21
17.603.080 — Conditions of Approval........................................................................ 6-226-226-22
17.603.090 — Use of Property Before Final Action.................................................... 6-226-226-22
17.603.100 — Permit Renewals; Expiration................................................................ 6-236-236-23
17.603.110 – Suspension or Revocation of Permits.................................................... 6-236-236-23
17.603.120 – Appeal of Disapproval, Suspension, and Revocation ........................ 6-256-256-25
17.603.130 – Reservation of Right to Review Cannabis Oriented Business Permit – Changed Conditions.............................................................................................................. 6-266-266-25
17.603.140 – Inspection.................................................................................................. 6-266-266-26
17.603.150 – Regulations Nonexclusive ...................................................................... 6-266-266-26
17.603.160 – Fees ............................................................................................................ 6-266-266-26
17.603.170 – Violations and Penalties.......................................................................... 6-276-276-26
4.5.i
Packet Pg. 1604 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) PERMIT PROCEDURES ARTICLE 6
6-2 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17
17.603.180 – Enforcement.............................................................................................. 6-276-276-27 Chapter 17.605 — Conditional Use Permits and Minor Use Permits .......................... 6-286-286-28
17.605.010 — Purpose ................................................................................................... 6-286-286-28
17.605.020 — Applicability........................................................................................... 6-286-286-28
17.605.030 — Review Authority .................................................................................. 6-296-296-29
17.605.040 — Application Requirements.................................................................... 6-296-296-29
17.605.050 — Project Review, Notice, and Hearing.................................................. 6-296-296-29
17.605.060 — Findings and Decision........................................................................... 6-306-306-30
17.605.070 — Action of Commission........................................................................... 6-316-316-31
17.605.080 — Existing Conditional Uses .................................................................... 6-316-316-31
17.605.090 — Conditions of Approval........................................................................ 6-316-316-31
17.605.100 — Use of Property Before Final Action ................................................... 6-316-316-31
17.605.110 — Modification of Permit.......................................................................... 6-316-316-31
17.605.120 — Periodic Review ..................................................................................... 6-316-316-31
17.605.130 — Permit to Run with the Land................................................................ 6-316-316-31
17.605.140 — Post-Decision Procedures ..................................................................... 6-326-326-32 Chapter 17.610 — Development Agreements .................................................................. 6-336-336-33
17.610.010 — Purpose ................................................................................................... 6-336-336-33
17.610.020 — Application ............................................................................................. 6-346-346-34
17.610.030 — Application Filing, Processing, and Review...................................... 6-346-346-34
17.610.040 — Content of Development Agreement.................................................. 6-366-366-36
17.610.050 — Execution and Recordation .................................................................. 6-376-376-37
17.610.060 — Amendment and Cancellation of Development Agreements ......... 6-376-376-37
17.610.070 — Modification or Suspension of Development Agreements.............. 6-386-386-38
17.610.080 — Periodic Review ..................................................................................... 6-386-386-38
17.610.090 — Effect of Development Agreements .................................................... 6-406-406-40
17.610.100 — Approved Development Agreements ................................................ 6-416-416-41
17.610.110 — Newly Annexed Lands ......................................................................... 6-416-416-41 Chapter 17.615 — Home Occupations ............................................................................... 6-426-426-42
17.615.010 — Purpose ................................................................................................... 6-426-426-42
17.615.020 — Applicability........................................................................................... 6-426-426-42
17.615.030 — Business Registration and Approval Process .................................... 6-426-426-42
17.615.040 — Allowed Home Occupations................................................................ 6-426-426-42
17.615.050 — Prohibited Home Occupations ............................................................ 6-446-446-44
17.615.060 — Compliance with Standards and Conditions..................................... 6-456-456-45
17.615.070 —Decision.................................................................................................... 6-466-466-46
17.615.080 — Conditions of Approval........................................................................ 6-476-476-47
17.615.090 — Inspections.............................................................................................. 6-476-476-47
17.615.100 — Changes in Home Occupation............................................................. 6-476-476-47
17.615.110 — Post-Decision Procedures ..................................................................... 6-476-476-47 Chapter 17.620 — Planned Development Permits .......................................................... 6-486-486-48
17.620.010 — Purpose ................................................................................................... 6-486-486-48
17.620.020 — Applicability........................................................................................... 6-486-486-48
4.5.i
Packet Pg. 1605 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ARTICLE 6 PERMIT PROCEDURES
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-3
17.620.030 — Review Authority .................................................................................. 6-496-496-49
17.620.040 — Application Filing, Processing, and Review...................................... 6-496-496-49
17.620.050 — Project Review, Notice, and Hearing.................................................. 6-506-506-50
17.620.060 — Findings and Decision........................................................................... 6-506-506-50
17.620.070 — Planned Development Permit Amendment ...................................... 6-526-526-52
17.620.080 — Development Schedule ......................................................................... 6-526-526-52
17.620.090 — Conditions of Approval........................................................................ 6-536-536-53
17.620.100 — Use of Property Before Final Action ................................................... 6-536-536-53
17.620.110 — Post-Decision Procedures ..................................................................... 6-536-536-53 Chapter 17.625 — Reasonable Accommodation.............................................................. 6-546-546-54
17.625.010 — Purpose ................................................................................................... 6-546-546-54
17.625.020 — Applicability........................................................................................... 6-546-546-54
17.625.030 — Application Requirements.................................................................... 6-566-566-56
17.625.040 — Review Authority .................................................................................. 6-576-576-57
17.625.050 — Review Procedures................................................................................ 6-576-576-57
17.625.060 — Findings and Decision........................................................................... 6-576-576-57
17.625.070 — Rescission of Approval of Reasonable Accommodation ................. 6-586-586-58 Chapter 17.630 — Site Plan and Design Review............................................................. 6-596-596-59
17.630.010 — Purpose and Intent ................................................................................ 6-596-596-59
17.630.020 — Applicability........................................................................................... 6-596-596-59
17.630.030 — Review Authority .................................................................................. 6-606-606-60
17.630.040 — Application Filing, Processing, and Review...................................... 6-626-626-62
17.630.050 — Findings and Decision........................................................................... 6-646-646-64
17.630.060 — Conditions of Approval........................................................................ 6-656-656-65
17.630.070 — Issuance of Other Required Permits and Approvals........................ 6-666-666-65
17.630.080 — Minor Changes by Director.................................................................. 6-666-666-66
17.630.090 — Post-Decision Procedures ..................................................................... 6-666-666-66 Chapter 17.635 — Specific Plans ........................................................................................ 6-676-676-67
17.635.010 — Purpose ................................................................................................... 6-676-676-67
17.635.020 — Intent........................................................................................................ 6-676-676-67
17.635.030 — Applicability........................................................................................... 6-676-676-67
17.635.040 — Initiation of Specific Plans .................................................................... 6-686-686-68
17.635.050 — Application Filing and Initial Review................................................. 6-686-686-68
17.635.060 — Preparation and Content ...................................................................... 6-696-696-69
17.635.070 — Application Processing ......................................................................... 6-706-706-70
17.635.080 — Adoption of Specific Plan..................................................................... 6-716-716-71
17.635.090 — Amendment of Specific Plan................................................................ 6-716-716-71 Chapter 17.640 — Temporary Use and Special Event Permits ..................................... 6-726-726-72
17.640.010 — Purpose ................................................................................................... 6-726-726-72
17.640.020 — Definition ................................................................................................ 6-726-726-72
17.640.030 — Applicability........................................................................................... 6-726-726-72
17.640.040 — Exempt Temporary Uses ...................................................................... 6-736-736-73
17.640.050 — Allowed Temporary Uses..................................................................... 6-746-746-74
4.5.i
Packet Pg. 1606 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) PERMIT PROCEDURES ARTICLE 6
6-4 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17
17.640.060 — Application Filing, Processing, and Review...................................... 6-756-756-75
17.640.070 — Director’s Review .................................................................................. 6-786-786-78
17.640.080 — Findings and Decision........................................................................... 6-786-786-78
17.640.090 — Conditions of Approval........................................................................ 6-796-796-79
17.640.100 — Extensions for Temporary Use Permits and Special Event Permits6-806-806-80
17.640.110 — Condition of Site Following Temporary Use..................................... 6-806-806-80
17.640.120 — Post-Decision Procedures ..................................................................... 6-806-806-80 Chapter 17.645 — Transfer of Development Rights....................................................... 6-816-816-81
17.645.010 — Purpose ................................................................................................... 6-816-816-81
17.645.020 — Applicability........................................................................................... 6-816-816-81
17.645.030 — General Requirements........................................................................... 6-826-826-82
17.645.040 — Application Filing, Processing, and Review...................................... 6-826-826-82
17.645.050 — Findings and Decision........................................................................... 6-826-826-82
17.645.060 — Conditions of Approval........................................................................ 6-836-836-83
17.645.070 — Post-Decision Procedures ..................................................................... 6-846-846-84 Chapter 17.650 — Variances and Minor Variances......................................................... 6-856-856-85
17.650.010 — Purpose ................................................................................................... 6-856-856-85
17.650.020 — Applicability........................................................................................... 6-856-856-85
17.650.030 — Review Authority .................................................................................. 6-876-876-87
17.650.040 — Application Filing, Processing, and Review...................................... 6-876-876-87
17.650.050 — Findings and Decision........................................................................... 6-886-886-88
17.650.060 — Disapproval of Minor Variance ........................................................... 6-896-896-89
17.650.070 — Precedents............................................................................................... 6-896-896-89
17.650.080 — Burden of Proof...................................................................................... 6-896-896-89
17.650.090 — Conditions of Approval........................................................................ 6-896-896-89
17.650.100 — Use of Property Before Final Action ................................................... 6-896-896-89
17.650.110 — Post-Decision Procedures ..................................................................... 6-896-896-89 Chapter 17.655 — Zoning Clearances................................................................................ 6-906-906-90
17.655.010 — Purpose ................................................................................................... 6-906-906-90
17.655.020 — Applicability........................................................................................... 6-906-906-90
17.655.030 — Review Procedure.................................................................................. 6-916-916-91
17.655.040 — Post-Decision Procedures ..................................................................... 6-916-916-91 Chapter 17.660 — Implementation, Time Limits, and Extensions............................... 6-926-926-92
17.660.010 — Purpose ................................................................................................... 6-926-926-92
17.660.020 — Conformance to Approved Plans........................................................ 6-926-926-92
17.660.030 — Effective Dates of Permits..................................................................... 6-926-926-92
17.660.040 — Acknowledgement and Acceptance of Conditions .......................... 6-936-936-93
17.660.050 — Applications Deemed Approved ........................................................ 6-936-936-93
17.660.060 — Permits to Run with the Land.............................................................. 6-946-946-94
17.660.070 — Performance Guarantees ...................................................................... 6-946-946-94
17.660.080 — Expiration ............................................................................................... 6-956-956-95
17.660.090 — Time Extensions..................................................................................... 6-986-986-98
17.660.100 — Changes to an Approved Project..................................................... 6-1006-1006-99
4.5.i
Packet Pg. 1607 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ARTICLE 6 PERMIT PROCEDURES
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-5
17.660.110 — Resubmittals ..................................................................................... 6-1016-1016-101
17.660.120 — Covenants of Easements ................................................................. 6-1016-1016-101 List of Tables
Page
Table 6-1 Review Authority..........................................................................................................6-7 Table 6-2 Review Authority for Site Plan and Design Review..............................................6-61 Table 6-3 Types of Minor Variances Allowed..........................................................................6-86
4.5.i
Packet Pg. 1608 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.603 CANNABIS ORIENTED BUSINESSES PERMIT
6-6 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Chapter 17.600 — Permit Application Filing and Processing Sections:
17.600.010 — Purpose
17.600.020 — Authority for Land Use and Zoning Decisions
17.600.030 — Multiple Permit Applications
17.600.040 — Application Preparation and Filing
17.600.050 — Application Fees
17.600.060 — Applicant Indemnification
17.600.070 — Initial Application Review
17.600.080 — Project Evaluation and Staff Reports
17.600.090 — Environmental Review
17.600.100 — Water Quality Management Plan (WQMP) Required
17.600.010 — Purpose
This Chapter provides procedures and requirements for the preparation, filing, and initial processing of the land use permit applications required by this Development Code.
17.600.020 — Authority for Land Use and Zoning Decisions Table 6-1 (Review Authority), identifies the review authority responsible for reviewing and making decisions on each type of application required by this Development Code.
17.600.030 — Multiple Permit Applications
A. Concurrent filing. An applicant for a development project that requires the filing of more than one application (e.g., Conditional Use Permit, Tentative Map, Landscape and Irrigation Plans, etc.), shall file all related applications concurrently, together with all application fees required by Section 17.600.050 (Application Fees), below, unless these requirements are waived by the Director. (ord. 16-01, adopted April 5, 2016) B. Concurrent processing. Multiple applications for the same project shall be processed concurrently, and shall be reviewed, and approved or disapproved by the highest review authority designated by this Development Code for any of the applications. For example, a project for which applications for Zoning Map Amendment and a Conditional Use Permit are filed shall have both applications decided by the Council, instead of the Commission being the final decision making authority for the Conditional Use Permit as otherwise required by Table 6-1. In the example cited, the Commission would still hear all of the applications (the Zoning Map Amendment and the Conditional Use Permit) and forward recommendations to the Council.
4.5.i
Packet Pg. 1609 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) PERMIT APPLICATION FILING AND PROCESSING 17.600
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-7 Table 6-1
Review Authority
Type of Action
Applicable
Code
Chapter
Role of Review Authority (1)
Director Commission Council
Legislative Actions
Development Agreements and
Amendments 17.610 Recommend Recommend Decision
Development Code Amendments 17.720 Recommend Recommend Decision General Plan Amendments 17.720 Recommend Recommend Decision Specific Plans and Amendments 17.635 Recommend Recommend Decision Zoning Map Amendments 17.720 Recommend Recommend Decision Planning Permits and Approvals and Administrative Actions Cannabis Oriented Businesses Permit5 17.603 City Manager Decision --- Appeal
Completeness Review 17.600 Decision Appeal Appeal
Conditional Use Permits 17.605 Recommend Decision (2)(4) Appeal Home Occupations 17.615 Decision (3) Appeal Appeal
Interpretations 17.105 Decision (3) Appeal Appeal
Landscape and Irrigation See Chapter 17.325 – Water Efficient Landscape and Irrigation for details (ord. 16-01, adopted April 5, 2016)
Minor Use Permits 17.605 Decision (3) Appeal Appeal
Minor Variances 17.650 Decision (3) Appeal Appeal
Planned Development Permits 17.620 Recommend Recommend Decision Reasonable Accommodations 17.625 Decision (3) Appeal Appeal Sign Permits 17.335 Decision (3) Appeal Appeal
Site Plan and Design Review
(See Table 6-2 for specified thresholds.) 17.630 Decision (3) Decision/Appeal (4) Appeal Subdivisions, Lot Line Adjustments, Lot
Mergers and Certificate of Compliance See Title 16 - Subdivisions Temporary Use Permits 17.640 Decision (3) Appeal Appeal Transfer of Development Rights 17.645 Recommend Recommend Decision Variances 17.650 Recommend Decision (4) Appeal
Zoning Clearances 17.655 Decision (3) Appeal Appeal
(Ord. 19-10, Adopted June 18, 2019)
Notes:
(1) "Recommend" means that the review authority makes a recommendation to a higher decision making body; "Decision" means that the review authority makes the final decision on the matter; "Appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier decision making body, in compliance with Chapter 17.715 (Appeals).
(2) The final review authority for a Conditional Use Permit granting a Density Bonus, in compliance with Section
17.310.060 (Application Filing, Processing, and Approval) shall be the Council, with the Commission first making a written recommendation to the Council.
(3) The Director may defer action and refer the request to the Commission for consideration and final decision. (4) The Commission may defer action and provide a recommendation to the Council for consideration and final decision.
(5) The City Manager may defer action and refer the request to the City Council for consideration and final decision
4.5.i
Packet Pg. 1610 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.603 CANNABIS ORIENTED BUSINESSES PERMIT
6-8 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17
17.600.040 — Application Preparation and Filing
A. Pre-Application Review.
1. A prospective applicant is strongly encouraged to request a pre-application Review with the Director before completing and filing a land use permit application.
2. The purpose of this conference is to generally:
a. Inform the applicant of City requirements as they apply to the proposed project;
b. To provide the prospective applicant with the opportunity to obtain early feedback regarding a proposed development project
c. Review the City's review process, possible project alternatives, or modifications; and
d. Identify information and materials the City will require with the application, and any necessary technical studies and information relating to the environmental review of the project.
3. Neither the pre-application review nor the provision of information and/or pertinent policies shall be construed as either a recommendation for approval or disapproval of the application or project by any City staff. Failure by City staff to identify all required studies or all applicable requirements shall not constitute a waiver of those requirements.
B. Application contents. Each application for a permit, amendment, or other matter pertaining to this Development Code shall be filed with the Department on a City application form, together with all required fees and/or deposits and all other information and materials specified in the Department handout for the specific type of application and/or as specified by the Director. Applicants are encouraged to contact the Department before submitting an application to verify which materials are necessary for application filing.
C. Eligibility for filing.
1. An application may only be filed by the owner of the subject property or a lessee or authorized agent of the property owner with the written consent of the property owner. With the Director's approval, a lessee with the exclusive right to use the property for a specified use may file an application related to that use.
4.5.i
Packet Pg. 1611 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) PERMIT APPLICATION FILING AND PROCESSING 17.600
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-9
2. The application shall be signed by the owner of record or may be signed by the lessee or by authorized agent of the property owner if written authorization from the owner of record is filed concurrently with the application.
17.600.050 — Application Fees
A. Fee schedule. The Council shall establish a schedule of fees for the processing of the applications required by this Development Code, hereafter referred to as the City's Planning Fee Schedule. The fee schedule is intended to allow recovery of all costs incurred by the City in processing permit applications to the maximum extent allowed by law. The City’s Planning Fee Schedule may include an Application Fee, Deposit, or any combination thereof.
B. Deposits. If so permitted under the City’s Planning Fee Schedule, a deposit may be required in addition to the Application Fee. Deposits cover City costs for certain staff review, consultant review, and other expenses as a result of the project. The Director has the discretion to increase or reduce the Deposit amount based on the complexity or a project or the anticipate work needed in processing a project application. A project that is completed (i.e. no additional work is required such as condition compliance, inspections, permits, etc.) may receive a refund of the unused Deposit amount. The Director has the discretion to retain some, or all, of the Deposit if it is reasonable that the City may incur additional costs in the near future (i.e. an inspection is required 6-months after occupancy).
C. Timing of payment. Applications shall not be deemed complete, and processing shall not commence, on any application until all required fees or deposits have been paid.
Failure to timely pay supplemental requests for payment of required fees and/or deposits shall be a basis for disapproval or revocation of any permit or other requested entitlement, notwithstanding any other provisions of this Development Code.
D. Refunds and withdrawals. Application fees cover City costs for public hearings, mailings, staff and consultant time, and the other activities involved in processing applications. Therefore, no refund due to disapproval shall be allowed. In the case of a withdrawal, the Director shall have the discretion to authorize a partial refund based upon the pro-rated costs to-date and the status of the application at the time of withdrawal.
17.600.060 — Applicant Indemnification
A. Applicant agreement. At the time of submitting an application for a land use approval, the applicant shall be deemed to have agreed as part of the application, to defend (with legal counsel of City’s selection), indemnify, and hold harmless the City and its elected and appointed officials, agents, attorneys, employees and officers, from any action, claim or proceeding brought against the City or its elected and appointed officials, agents,
4.5.i
Packet Pg. 1612 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.603 CANNABIS ORIENTED BUSINESSES PERMIT
6-10 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 employees and officers to attack, set aside, void, or annul a discretionary land use approval of the City, which action is brought within the applicable statute of limitations.
The required indemnification shall include damages awarded against the City, if any, costs of suit, attorneys’ fees and other costs and expenses incurred in connection with the action.
B. City notification of applicant. In the event that an action, claim, or proceeding referred to in Subsection A., above is brought, the City shall promptly notify the applicant of the existence of the action, claim, or proceeding and shall cooperate fully in the defense of the action, claim, or proceeding.
C. City participation in defense. Nothing in this Section shall prohibit the City from participating in the defense of any action, claim, or proceeding if the City elects to bear its own attorneys’ fees and costs and defends the action in good faith.
17.600.070 — Initial Application Review
A. Review for completeness. The Director shall review each application for completeness and accuracy before it is accepted as being complete and officially filed. The Director's determination of completeness shall be based on the City's list of required application contents and any additional written instructions provided to the applicant in any preapplication review (see Section 17.600.040 — Application Preparation and Filing) and/or during the initial application review period.
1. Notification of applicant. As required by Government Code Section 65943, within 30 days following application filing, the applicant shall be informed in writing, either that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the Director's letter, shall be provided.
2. Appeal of determination. Where the Director has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the Director is not required, the applicant may appeal the Director's determination in compliance with Chapter 17.715 (Appeals).
3. Time for submittal of additional information. When an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness shall occur. The time available to an applicant for submittal of additional information is limited by the following Subparagraph A.
4. 4.5.i
Packet Pg. 1613 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) PERMIT APPLICATION FILING AND PROCESSING 17.600
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-11
4. Expiration of application.
a. If an applicant fails to provide the additional information specified in the Director's letter within 60 days following the date of the letter, or shorter time frame as determined by the Director, the application shall expire and be deemed withdrawn without any further action by the City, unless an extension is approved by the Director for good cause shown. b. After the expiration of an application, future City consideration shall require the submittal of a new, complete application and associated filing fees.
5. Environmental information. After an application has been accepted as complete, the Director may require the applicant to submit additional information needed for the environmental review of the project in compliance with the California Environmental Quality Act (CEQA), the City's CEQA guidelines, and Section 17.600.090 (Environmental Review), below.
B. Referral of application. At the discretion of the Director, or where otherwise required by this Development Code or State or Federal law, an application may be referred to any public agency that may be affected by or have an interest in the proposed project.
17.600.080 — Project Evaluation and Staff Reports
A. Staff evaluation. The Director shall review all applications filed in compliance with this Chapter to determine whether they comply and are consistent with the provisions of this Development Code, other applicable provisions of the Municipal Code, the General Plan, and any applicable specific plan.
B. Staff report. The Director shall provide a written recommendation to the Commission and/or Council (as applicable) as to whether the application should be approved, approved subject to conditions, or disapproved.
C. Report distribution. Each staff report shall be furnished to the applicant at the same time as it is provided to the review authority before action on the application.
17.600.090 — Environmental Review
A. CEQA review. After acceptance of a complete application, the project shall be reviewed in compliance with the California Environmental Quality Act (CEQA) to determine the appropriate environmental review or document.
B. Compliance with CEQA. These determinations and, where required, the preparation of appropriate environmental documents, shall be in compliance with CEQA and the City’s CEQA guidelines.
4.5.i
Packet Pg. 1614 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.603 CANNABIS ORIENTED BUSINESSES PERMIT
6-12 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 C. Special studies required. One or more special studies, paid for in advance by the applicant, may be required to complete the City’s CEQA compliance review. These studies shall become public documents and neither the applicant nor any consultant who prepared the studies shall assert any rights to prevent or limit the documents’ availability to the public.
17.600.100 — Water Quality Management Plan (WQMP) Required A. General requirements.
1. New development and modifications to existing development shall be designed to control pollutants in stormwater and urban runoff in order to prevent any deterioration of water quality that would impair subsequent or competing uses of the receiving waters.
2. The City Engineer shall have the authority to approve the Best Management Practices (BMPs), that when implemented will serve to prevent deterioration, as well as the manner of implementation.
3. New development and modifications to existing development shall comply with all of the requirements specified in this Section.
4. A WQMP shall be required for any project that meets the thresholds established by the Regional Water Quality Control Board, Riverside County Flood Control, and the City. The City Engineer shall have sole discretion on whether a WQMP is required for a project.
B. Construction runoff compliance.
1. All individual grading and building projects with active Grading or Building Permits shall implement measures, including adherence to the Storm Water Pollution Prevention Plan (SWPPP), to ensure that all pollutants from the site will be either eliminated or reduced to the maximum extent practicable, and will not cause or contribute to an exceedance of water quality objectives described in the Santa Ana Regional Water Quality Control Board Basin Plan.
2. All grading and building activities will be in compliance with the grading, erosion, and sediment control ordinance; the grading manual; other applicable ordinances; Federal, State and local permits; and other applicable requirements.
C. Water Quality Management Plan (WQMP) required. New development and modifications to existing development projects shall comply with all of the requirements of the Regional Water Quality Control Board.
4.5.i
Packet Pg. 1615 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) PERMIT APPLICATION FILING AND PROCESSING 17.600
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-13
1. A development project application shall not be found complete, in compliance with Section 17.600.070 (Initial Application Review), until an approved Preliminary WQMP is submitted with the application and accepted as complete by the City Engineer.
2. Projects not requiring a WQMP shall be required to implement all of the minimum BMPs approved by the City Engineer.
3. A WQMP shall be required if the City Engineer determines that the development may result in the discharge of significant levels of a pollutant into a tributary to the stormwater drainage system.
D. Santa Ana River Region Drainage Area Management Plan (DAMP). All new development and modifications to existing development projects shall also be undertaken and implemented in a manner that is consistent with the Santa Ana River Region Drainage Area Management Plan (DAMP), and shall also fulfill any conditions and requirements established by the Department and City Engineer which are related to the reduction or elimination of pollutants in stormwater and urban runoff from the project site.
E. Terms, conditions, and requirements. All terms, conditions, and requirements which the Department and City Engineer have initially imposed in compliance with this Section for either a new development or modifications to existing development project shall remain in effect upon the transfer of the property. Any owner of the property, or their successors or assigns, shall be in violation of this Section, if they fail to implement and/or adhere to the terms, conditions, and requirements imposed in compliance with this Section on a new development or modifications to existing development project.
4.5.i
Packet Pg. 1616 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
4.5.i
Packet Pg. 1617 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CANNABIS ORIENTED BUSINESSES PERMIT 17.603
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-17 Chapter 17.603 — Cannabis Oriented Businesses Permit
Sections:
17.603.010 — Purpose and Intent
17.603.020 — Applicability
17.603.030 — Review Authority
17.603.040 — Application Requirements
17.603.050 — Phased Expansion and Build-Out
17.603.060 — Investigation and Action on Application
17.603.070 — Permit Disapproval
17.603.080 — Conditions of Approval
17.603.090 — Use of Property Before Final Action
17.603.100 — Permit Renewals; Expiration
17.603.110 — Suspension or Revocation of Permits
17.603.120 — Appeal of Disapproval, Suspension, and Revocation
17.603.130 — Reservation of Right to Review Cannabis Oriented Business Permit – Changed Conditions
17.603.140 — Inspection
17.603.150 — Regulations Nonexclusive
17.603.160 — Fees
17.603.170 — Violations and Penalties
17.603.180 — Enforcement
17.603.010 — Purpose and Intent
A. Purpose. The purpose of a Cannabis Oriented Business Permit is to provide a process for the appropriate review of Cannabis Oriented Businesses and uses.
B. Intent. The intent is to ensure that all approved site and structural development:
1. Respects the physical and environmental characteristics of the site;
2. Ensures safe and convenient access and circulation for pedestrians and vehicles;
3. Exemplifies the best professional high-quality design practices;
4. Allows for and encourages individual identity for specific uses and structures;
5. Encourages the maintenance of a distinct neighborhood and/or community identity;
4.5.i
Packet Pg. 1618 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.603 CANNABIS ORIENTED BUSINESSES PERMIT
6-18 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17
6. Minimizes or eliminates negative or undesirable visual impacts; and
7. Provides for the adequate dedication of land for public purposes and the provision of public infrastructure, associated with the development.
17.603.020 — Applicability
A Cannabis Oriented Business Permit is required to authorize any Cannabis Oriented Business identified by Chapter 17.435 – Cannabis Oriented Business as being allowable in the applicable zone subject to the approval of a Cannabis Oriented Business Permit.
17.603.030 — Review Authority
The City Manager or his/her designee shall be responsible for the granting, disapproving, revoking, renewing, suspending, and canceling Cannabis Oriented Business Permit for proposed or existing uses. The City Manager shall also be responsible for ascertaining whether a proposed Cannabis Oriented Business for which a permit is being considered complies with all applicable zoning laws and/or regulations.
17.603.040 — Application Requirements
A. By applying for a permit under this Code, the applicant shall be deemed to have consented to the provisions of this Code, and to the exercise of authority by the City Manager, the Police Chief, and all other City employees and agencies charged with enforcing the laws, ordinances, and codes applicable in the City.
B. The applicant for a Cannabis Oriented Business Permit under this Chapter or a permittee shall have a continuing duty to promptly supplement any information required by this Code in the event information changes in any way from what was stated in previous submittals.
C. Submission of the materials required for a Cannabis Oriented Business Permit shall not preclude the need for the applicant to obtain other standard approvals from the City in compliance with the standards of this Development Code.
D. Every person who proposes to establish, maintain, operate, or conduct a Cannabis Oriented Business in the City shall file a Cannabis Oriented Business Permit application with the City Manager upon a form provided by the City along with applicable filing fees.
4.5.i
Packet Pg. 1619 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CANNABIS ORIENTED BUSINESSES PERMIT 17.603
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-19 E. In addition to the regular required information for a Land Use Development Case, all Cannabis Oriented Business Permit applications shall include the following information:
1. The applicant’s full legal name, address, phone number and email address. For the purposes of this provision, the applicant is the person, or persons authorized to make business decisions for which the permit is being requested. It shall be the applicant’s responsibility to maintain an updated address, as necessary, even after permit issuance by notifying the City.
2. If different than applicant, the project’s legal representative’s, full name, address, phone number and email address.
3. The applicant shall provide a notice address, which shall be the address to which notice of action on the application is to be mailed. The applicant shall also provide the name, address and phone number of the person who is responsible for providing access to the proposed site for inspection purposes.
4. Location and address of the proposed Cannabis Oriented Business.
5. Legal description of the subject property.
6. Proposed hours of operation, number of employees and hours of shifts and employees per shift.
7. A detailed site plan including a plan for all utility services (water, electric and gas).
8. A detailed description of the type of licenses for which the permit is requested, and the nature of the operation and activities that are to occur on site.
9. A parking plan providing for adequate contiguous on-site parking for the intended use, and in compliance with the requirements for parking set forth in Chapter 17.435 – Cannabis Oriented Businesses.
10. A lighting plan prepared by a licensed lighting engineer and in compliance with the requirements of Chapter 17.435 – Cannabis Oriented Businesses.
11. The name or names of the person or persons having responsibility for the management or supervision of the applicant’s use.
12. Detailed floor plan and interior configuration of the premises, including a statement of the total floor area occupied by the Cannabis Oriented Business.
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Packet Pg. 1620 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.603 CANNABIS ORIENTED BUSINESSES PERMIT
6-20 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17
13. Detailed elevations showing all four elevations of any proposed structures and signs, and listing proposed exterior building materials. Elevations shall be colored or a materials board shall be submitted. In the case of existing structures where a change of use is proposed and no structural changes or exterior modification are proposed, photographs may be accepted in lieu of elevation drawings if they show all elevations of the structure.
14. Detailed description on how cannabis-related waste will be disposed of consistent with State Law.
F. On-Site Security Plan:
1. A description of how security data from security cameras will be collected and maintained. All security cameras on site shall operate in an on-going manner with at least two hundred forty (240) concurrent hours of digitally recorded documentation in a format approved by the city manager or designee. The cameras shall be in use twenty-four (24) hours per day, seven days per week.
2. A description of security personnel to be utilized on site. All security personnel shall be licensed security guards, licensed by the California Department of Consumer Affairs. At least one licensed security guard shall be present at the Cannabis Oriented Business during all hours of operation. If any security guard is to be armed, then the security guard shall possess at all times a valid security guard card and firearms permit issued by the California Department of Consumer Affairs.
G. The application shall include the documentation submitted for any regulatory permit in conjunction with the Cannabis Oriented Business at the site, including but not limited to any permit required by Chapter 9.28 of the San Jacinto Municipal Code.
17.603.050 — Phased Expansion and Build-Out
The application for a Cannabis Oriented Business Permit may include a plan for a phased expansion or build-out of the Cannabis Oriented Business. The phased plan shall not extend expansion or build-out beyond three years of initial approval. If such plan is included and approved, the applicant shall give notice to the City Manager not less than 30 days prior to the start of any expansion or build-out activities and not less than 10 days after completion of such expansion or build-out. Approval of any phased plan shall not result in or be construed as the granting of any vested rights to complete development of the site in accordance with the phased plan.
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Packet Pg. 1621 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CANNABIS ORIENTED BUSINESSES PERMIT 17.603
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-21
17.603.060 — Investigation and Action on Application
A. Upon receipt of a completed application required by this Chapter and payment of the requisite application and permit fees, the City Manager or his/her designee shall investigate the information contained in the application to determine whether the application is complete.
B. When an application has been deemed complete by the City, the City Manager shall complete the investigation, grant or disapprove the application in compliance with the provisions of this Section:
C. If the applicant has not obtained a state license for the Cannabis Oriented Business at the time the application is granted, then the granting of the application shall be deemed to be conditional upon obtaining and submitting proof acceptable to the City Manager of the appropriate state license within 180 days. This timeframe may only be extended upon showing that the applicant timely and diligently pursued the state license and the failure to obtain the state license was not due to the applicant. Nothing herein shall authorize commencement of a use without first obtaining an appropriate state license.
17.603.070 — Permit Disapproval
A. The City Manager shall disapprove an application for any of the following applicable reasons:
1. The site, building, structure, equipment and/or location to be used by the use for which the permit is required, does not, or cannot, be corrected to comply with the locational requirements set forth in this Chapter and the applicable zoning, land use, development, health, fire, building and safety laws of the City and State.
2. The applicant, his or her employee, agent, partner, director, officer, shareholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for a permit required by this Chapter or in any report or record required to be filed in connection with the application.
3. The applicant is under 21 years of age.
4. The required permit application fee has not been paid.
5. The applicant failed to submit a complete application after being notified by the City Manager that the application was incomplete.
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Packet Pg. 1622 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.603 CANNABIS ORIENTED BUSINESSES PERMIT
6-22 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17
6. The applicant or the applicant’s Cannabis Oriented Business is in violation of, or is not in full compliance with, provisions of this Chapter related to the establishment and maintenance of a Cannabis Oriented Business.
7. The applicant, manager, partner, agent, director, officer, or stockholder has had any type of Cannabis Oriented Business Permit or regulatory permit suspended or revoked by any city, county, or state within two years immediately preceding the date of the application, because of failure to comply with regulations, standards or conditions of the regulatory agency.
8. The granting of the permit would violate a statute, ordinance, or court order.
9. The applicant or property owner is overdue in payment to the City of any taxes, fees, fines, or penalties assessed against or imposed in relation to an existing or former Cannabis Oriented Business.
10. The application does not include an adequate plan for gas, water and electric utility services or will serve letters from the same.
B. If the application is disapproved and all appeal rights have been exhausted, the applicant shall be ineligible to apply for any Cannabis Oriented Business Permit in the City for a minimum of two years from the date the application was disapproved. If, subsequent to disapproval, the City Manager finds the basis for disapproval of the permit has been corrected, the applicant shall be granted a permit if at least 90 days have elapsed since the date the disapproval became final.
C. After any final disapproval of a permit under this Chapter, the applicant may seek prompt judicial review of the decision in a court of competent jurisdiction as provided by law, in compliance with California Code of Civil Procedure Section 1094.5 et seq., and in compliance with the expedited judicial review set forth in California Code of Civil Procedure Section 1094.8.
17.603.080 — Conditions of Approval
In approving a Cannabis Oriented Business Permit, the review authority may impose any conditions deemed reasonable and necessary to ensure that the approval will comply with the findings required by Section 17.603.010 (Purpose and Intent), above.
17.603.090 — Use of Property Before Final Action
No permits or approvals shall be issued for any use involved in an application for a Cannabis Oriented Business Permit until and unless the same shall have become final, in compliance with Section 17.660.030 A (Effective Date of Permits).
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Packet Pg. 1623 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CANNABIS ORIENTED BUSINESSES PERMIT 17.603
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-23
17.603.100 — Permit Renewals; Expiration
A. Any Cannabis Oriented Business Permit approved in compliance with this Chapter that includes a Dispensary shall become null and void if not exercised within 12 months from the date of the approval. If a Cannabis Oriented Business ceases to operate for a period of 180 days, the Cannabis Oriented Business Permit shall become null and void. A permit extension may be granted if prior to the expiration date the permittee demonstrates to the satisfaction of the City Manager that it has a good faith intent to presently commence the proposed use. Extensions of a Cannabis Oriented Business Permit that includes a Dispensary shall not exceed a total of two six-month extensions.
B. Any Cannabis Oriented Business Permit approved in compliance with this Chapter that does not include a Dispensary shall become null and void if not exercised within 36 months from the date of the approval. If a Cannabis Oriented Business ceases to operate for a period of 12 months, the Cannabis Oriented Business Permit shall become null and void. A permit extension may be granted if prior to the expiration date the permittee demonstrates to the satisfaction of the City Manager that it has a good faith intent to presently commence the proposed use. Extensions of a Cannabis Oriented Business Permit that does not include a Dispensary shall not exceed 36 -months.
17.603.110 – Suspension or Revocation of Permits
A. A permittee may be subject to suspension or revocation of a permit granted under this Chapter, or be subject to other appropriate remedial action, including the imposition of additional conditions, for any of the following causes of action arising from the acts or omissions of the permittee, or an employee, agent, partner, director, stockholder, operator, or manager of a Cannabis Oriented Business:
1. The permittee, employee, agent, partner, director, stockholder, operator, or manager has knowingly made any false, misleading or fraudulent statement of material facts in the application for a permit, or in any report or record required to be filed with the City.
2. The permittee, employee, agent, partner, director, stockholder, operator, or manager failed to disclose the conviction of an act for which disapproval of a permit would have been required in compliance with this Chapter.
3. The permittee, employee, agent, partner, director, stockholder, operator, or manager refused to allow an inspection of the premises of the Cannabis Oriented Business as authorized by this Chapter.
4. The permittee, employee, agent, partner, director, stockholder, operator, or manager does not have a necessary state license for the operation of the use or
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Packet Pg. 1624 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.603 CANNABIS ORIENTED BUSINESSES PERMIT
6-24 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 the state license of the permittee, employee, agent, partner, director, stockholder, operator, or manager is suspended, revoked, or is otherwise inapplicable to the Cannabis Oriented Business on the site.
5. The permittee, employee, agent, partner, director, stockholder, operator, or manager operated the Cannabis Oriented Business in violation of a State, or local law, including but not limited to laws and regulations related to building, fire, health, or zoning statutes, codes, ordinances, or regulations, applicable in the City, based on the investigation by the City or other agency responsible for the enforcement of the applicable rules or laws.
6. The permittee, employee, agent, partner, director, stockholder, operator, or manager failed to abide by any action previously imposed by an appropriate officer of the City or other agency responsible for the enforcement of this Chapter and other County and State codes and laws.
7. The permittee, employee, agent, partner, director, stockholder, operator, or manager failed to comply with any Condition of Approval of the Cannabis Oriented Business Permit or Regulatory Permit.
B. On determining that grounds for permit revocation exist, the City Manager shall furnish written notice of the proposed suspension or revocation to the permittee. The notice shall set forth the time and place of a hearing by the City Manager, and the ground or grounds upon which the hearing is based, the pertinent code sections, and a brief statement of the factual matters in support of permit suspension or revocation. The notice shall be mailed to the applicant’s address listed on the Permit application, or shall be delivered to the permittee personally, at least 10 business days prior to the hearing date. Hearings shall be conducted in compliance with procedures established by the City, but at a minimum shall include the following:
1. All parties involved shall have a right to offer testimonial, documentary, and tangible evidence bearing on the issues; and may be represented by counsel.
2. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs.
3. Any hearing under this Section may be continued for a reasonable time for the convenience of a party or witness.
C. After holding the hearing in compliance with the provisions of this Section, if the City Manager finds and determines that there are grounds for the action, the City Manager may impose one or more of the following:
1. A warning.
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Packet Pg. 1625 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CANNABIS ORIENTED BUSINESSES PERMIT 17.603
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-25
2. Suspension of the permit for a specified period not to exceed six months.
3. Modification of the permit to impose additional conditions or to revoke a portion of the permit.
4. Revocation of the permit.
D. The City Manager’s decision may be appealed in compliance with Section 17.603.120 (Appeal of Disapproval, Suspension, or Revocation).
E. If any decision of the City Manager to revoke a permit is upheld after the permittee has exhausted the permittee’s appeal rights, the permittee shall cease conducting use in the City. A revoked permit shall not be renewed and no other permit shall be issued to the same permittee or his or her successors-in-interest within 2 years of the date revocation became effective.
17.603.120 – Appeal of Disapproval, Suspension, and Revocation A. After disapproval of an application for a permit submitted in compliance with this Chapter, or after disapproval of renewal of a permit, or suspension or revocation of a permit, the applicant or permittee may appeal the administrative action in compliance with the provisions of this Section.
B. An appeal of a disapproval, suspension or revocation shall be submitted to and received by the City Clerk within 10 business days of the date of the decision. The appeal shall be in writing on forms provided by the City together with an appeal fee established in compliance with Section 17.603.160, below. All appeals shall set forth the appellant's reason for asserting the action was in error, or in violation of this Development Code, or other applicable law. Any action appealed shall be suspended until action has been taken on the appeal.
C. When a timely appeal is filed, the City Manager shall, within 30 days of the filing of the appeal, set the item for a public hearing by the City Council.
D. All decisions made by the City Council regarding the permit disapproval, disapproval of renewal, suspension or revocation of a permit, shall be final. If the permit disapproval, disapproval of renewal, suspension or revocation of a permit is affirmed on review by the City Council, the applicant or permittee may seek prompt judicial review of the administrative action in a court of competent jurisdiction as provided by law, in compliance with California Code of Civil Procedure Section 1094.5 et seq. The City shall make all reasonable efforts to expedite judicial review in compliance with Code of Civil
4.5.i
Packet Pg. 1626 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.603 CANNABIS ORIENTED BUSINESSES PERMIT
6-26 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Procedure Section 1094.8. Any action under judicial review shall be suspended pending final administrative determination.
17.603.130 – Reservation of Right to Review Cannabis Oriented Business Permit – Changed Conditions
Any Cannabis Oriented Business Permit granted or approved in compliance with this Chapter shall be granted or approved with the City reserving the right and jurisdiction to review and modify the Cannabis Oriented Business Permit – including the conditions of approval – based on changed circumstances. Changed circumstances include, but are not limited to, modification of the use, change in scope, emphasis, size, or nature of the use, and expansion, alteration, or change of use or a change in federal or state law or policy relating to cannabis. The reservation of the right to review a Cannabis Oriented Business Permit granted or approved under this Chapter is in addition to, not in lieu of, the right of the City to review and revoke or modify any permit granted or approved in compliance with this Chapter for any violations of the conditions imposed on the permit.
17.603.140 – Inspection
An applicant or permittee shall permit the City Manager, Police Chief and representatives of the Department, the fire department, or other City departments or County agencies to inspect the premises of a Cannabis Oriented Business for the purpose of insuring compliance with the law and the development and performance standards applicable to Cannabis Oriented Business, at any time it is occupied or opened for use. A person who operates a Cannabis Oriented Business or his or her agent or employee is in violation of the provisions of this Section if he or she refuses to permit a lawful inspection of the premises at any time it is occupied or open for use. Inspections shall be conducted in a reasonable manner.
17.603.150 – Regulations Nonexclusive
The provisions of this Chapter are not intended to be exclusive and compliance with this Chapter shall not excuse noncompliance with any other regulations pertaining to the operation of uses as adopted by the Council, including but not limited to Chapters 9.28.
17.603.160 – Fees
The Council shall establish by resolution, and from time to time may amend, the fees for administration of this Chapter. If additional fees are required for further investigation of an applicant, the permit shall not be issued until the additional fees are paid to the Department. Fees required by this Chapter shall be in addition to any fees required by other City code or ordinance.
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Packet Pg. 1627 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CANNABIS ORIENTED BUSINESSES PERMIT 17.603
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-27
17.603.170 – Violations and Penalties
A. It shall be unlawful for any person to operate a Cannabis Oriented Business without a valid permit(s) issued by the City Manager in compliance with this Chapter.
B. Violation of any of the provisions of Subsection A, above, shall constitute a misdemeanor. Each person shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of any provisions of this Chapter is committed, continued, or allowed by that person. Despite the foregoing, the City Attorney may elect to prosecute any provision of this Chapter as an infraction.
C. Violation of any requirement of this Chapter applicable to a Cannabis Oriented Business Permit issued in compliance with this Chapter shall constitute grounds for revocation of the permit. A permittee shall be responsible for the conduct of all employees, independent contractors, or other persons who work at the permittee’s Cannabis Oriented Business, and a permit may be subject to revocation for any violations of this Chapter arising from the acts or omissions by employees, independent contractors, or other persons who work at the Cannabis Oriented Business.
17.603.180 – Enforcement
The City Manager or his or her designee is responsible for enforcing the provisions of this Chapter.
4.5.i
Packet Pg. 1628 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.605 CONDITIONAL USE PERMITS AND MINOR USE PERMITS
6-28 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Chapter 17.605 — Conditional Use Permits and Minor Use Permits Sections:
17.605.010 — Purpose
17.605.020 — Applicability
17.605.030 — Review Authority
17.605.040 — Application Requirements
17.605.050 — Project Review, Notice, and Hearing
17.605.060 — Findings and Decision
17.605.070 — Action of Commission
17.605.080 — Existing Conditional Uses
17.605.090 — Conditions of Approval
17.605.100 — Use of Property Before Final Action
17.605.110 — Modification of Permit
17.605.120 — Periodic Review
17.605.130 — Permit to Run with the Land
17.605.140 — Post-Decision Procedures
17.605.010 — Purpose
A. Purpose. The purpose of a Conditional Use Permit or Minor Use Permit is to provide sufficient flexibility in the use regulations in order to further the objective of this Development Code.
B. Process for reviewing uses. A Conditional Use Permit or Minor Use Permit provides a process for reviewing uses and activities that may be appropriate in the applicable zone, but whose effects on a site and surroundings cannot be determined before being proposed for a specific site.
C. Special consideration. Certain types of land uses require special consideration in a particular zone or in the City as a whole because they possess unique characteristics or present special problems that make automatic inclusion as permitted uses either impractical or undesirable.
17.605.020 — Applicability
A Conditional Use Permit or Minor Use Permit is required to authorize proposed land uses identified by Article 2 (Zones, Allowable Land Uses, and Zone Specific Standards) as being allowable in the applicable zone subject to the approval of a Conditional Use Permit or Minor Use Permit.
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Packet Pg. 1629 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CONDITIONAL USE PERMITS AND MINOR USE PERMITS 17.605
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-29
17.605.030 — Review Authority
A. Conditional Use Permits. Conditional Use Permits shall be approved or disapproved by the Commission, except as specified in Chapter 17.310 (Affordable Housing – Density Bonuses) and Chapter 17.645 (Transfer of Development Rights) where the Council is the review authority for applications, with the Commission first making a written recommendation to the Council.
B. Minor Use Permits.
1. Minor Use Permits shall be approved or disapproved by the Director.
2. The Director may choose to refer any Minor Use Permit application to the Commission for review and final decision.
17.605.040 — Application Requirements
An application for a Conditional Use Permit and/or Minor Use Permit shall be filed and processed in compliance with Chapter 17.600 (Permit Application Filing and Processing). The application shall include the information and materials specified in the Department handout for Conditional Use Permit and Minor Use Permit applications, including the submission of landscape and irrigation plans pursuant to Chapter 17.325 – Water Efficient Landscape and Irrigation, together with the required fee in compliance with the City’s Planning Fee Schedule.
It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.605.060 (Findings and Decision), below. (ord. 16-01, adopted April 5, 2016)
17.605.050 — Project Review, Notice, and Hearing
Each application shall be reviewed by the Director to ensure that the proposal complies with all applicable requirements of this Development Code.
A. Conditional Use Permits.
1. The Commission shall conduct a public hearing on an application for a Conditional Use Permit before a decision on the application.
2. Notice of the hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.710 (Public Noticing and Hearings).
B. Minor Use Permits.
1. Before a decision on a Minor Use Permit, the City shall provide notice in compliance with Chapter 17.710 (Public Noticing and Hearings).
2. Interested parties may submit written comments during the public noticing period to the City, which the Director shall consider before rendering a decision.
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Packet Pg. 1630 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.605 CONDITIONAL USE PERMITS AND MINOR USE PERMITS
6-30 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17
3. Upon closing of the public notice period, the Director may approve, approve subject to conditions, or disapprove the Minor Use Permit, or refer the Minor Use Permit to the Planning Commission. Notification of the decision shall be provided to all interested parties.
17.605.060 — Findings and Decision
A. Review authority’s action. An application for a Conditional Use Permit or Minor Use Permit may be approved, approved subject to conditions, or disapproved by the review authority.
B. Required findings. The review authority may approve a Conditional Use Permit or Minor Use Permit only if it first makes all of the following findings:
1. The proposed use is consistent with the General Plan and any applicable specific plan;
2. The proposed use is allowed within the applicable zone and complies with all other applicable provisions of this Development Code and the Municipal Code;
3. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity;
4. The proposed use will not be materially detrimental to the health, safety and general welfare of the public or otherwise injurious to the environment or to the property or improvements within the area.
5. The site is physically suitable in terms of:
a. Its design, location, shape, size, and operating characteristics of the proposed use;
b. The provision of public and emergency vehicle (e.g., fire and medical) access;
c. Public protection services (e.g., fire protection, police protection, etc.); and d. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.).
6. The applicant agrees in writing to comply with any and all of the conditions imposed by the review authority in the approval of the Conditional Use Permit or Minor Use Permit.
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Packet Pg. 1631 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CONDITIONAL USE PERMITS AND MINOR USE PERMITS 17.605
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-31
17.605.070 — Action of Commission
An action to approve a Conditional Use Permit or Minor Use Permit upon referral or appeal, shall require a majority vote of those Commissioners who may lawfully vote on the application.
17.605.080 — Existing Conditional Uses
A conditional use legally established prior to the effective date of this Development Code or prior to the effective date of subsequent amendments to the applicable regulations or zone boundaries, shall be allowed to continue; provided that it is operated and maintained in compliance with the conditions prescribed at the time of its establishment, if any.
17.605.090 — Conditions of Approval
In approving a Conditional Use Permit or Minor Use Permit, the review authority may impose any conditions deemed reasonable and necessary to ensure that the approval will comply with the findings required by Section 17.605.060 (Findings and Decision), above.
17.605.100 — Use of Property Before Final Action
No permits or approvals shall be issued for any use involved in an application for a Conditional Use Permit or Minor Use Permit until and unless the same shall have become final, in compliance with Section 17.660.030 (Effective Date of Permits).
17.605.110 — Modification of Permit
An approved Conditional Use Permit or Minor Use Permit may be modified in compliance with Section 17.660.100 (Changes to an Approved Project).
17.605.120 — Periodic Review
The City may conduct a periodic review of the permit to ensure proper compliance with this Development Code and any developmental or operational conditions imposed by the review authority.
17.605.130 — Permit to Run with the Land
A Conditional Use Permit or Minor Use Permit approved in compliance with the provisions of this Chapter shall continue to be valid upon a change of ownership of the business, parcel, service, structure, or use that was the subject of the permit application in the same area, configuration, and manner as it was originally approved in compliance with this Chapter.
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Packet Pg. 1632 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.605 CONDITIONAL USE PERMITS AND MINOR USE PERMITS
6-32 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17
17.605.140 — Post-Decision Procedures
The procedures and requirements in Chapter 17.660 (Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Administration) shall apply following the decision on a Conditional Use Permit or Minor Use Permit application.
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Packet Pg. 1633 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) HOME OCCUPATION PERMITS 17.615
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-33 Chapter 17.610 — Development Agreements
Sections:
17.610.010 — Purpose
17.610.020 — Application
17.610.030 — Application Filing, Processing, and Review
17.610.040 — Content of Development Agreement
17.610.050 — Execution and Recordation
17.610.060 — Amendment and Cancellation of Development Agreements
17.610.070 — Modification or Suspension of Development Agreements
17.610.080 — Periodic Review
17.610.090 — Effect of Development Agreements
17.610.100 — Approved Development Agreements
17.600.110 — Newly Annexed Lands
17.610.010 — Purpose
A. Purpose and intent. A development agreement is a contract between the City and a person with a legal or equitable interest in land subject to development, in compliance with Government Code Article 2.5 (Development Agreements). A development agreement is intended to provide assurance to the applicant that an approved project may generally proceed subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to City policies, rules, and regulations after project approval. In return, the City is provided assurance that the project would further important Citywide goals and policies that have been officially recognized by the Council, and provide the City with significant, tangible benefits beyond those that may be required by the City through project conditions of approval.
B. Construing the provisions. In construing the provisions of any development agreement entered into in compliance with this Chapter, those provisions shall be read to fully effectuate, and to be consistent with, the language of this Chapter, Government Code Article 2.5, and the agreement itself. Should any apparent discrepancies between the meaning of these documents arise, reference shall be made to the following documents, and in the following order:
1. The provisions of Government Code Article 2.5;
2. The provisions of this Chapter; and
3. The plain terms of the development agreement itself.
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Packet Pg. 1634 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.615 HOME OCCUPATION PERMITS
6-34 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17
17.610.020 — Application
A. Equitable interest. Person(s) having a legal or equitable interest in real property may apply through the Director to enter into a development agreement provided the following criteria are met:
1. The status of the applicant, having a legal or equitable interest in the subject real property, is established to the satisfaction of the Director. An applicant may also include an authorized agent; and
2. The application is made on approved forms, contains all lawfully required documents, materials, and information, and is filed with the Department in compliance with Chapter 17.600 (Permit Application Filing and Processing).
B. Director’s review and recommendations. The Director is empowered to receive, review, process, and prepare, together with recommendations for Commission and Council consideration, all applications for development agreements. The Director may call upon all other City departments for timely assistance in complying with this Chapter.
C. Fees. Processing fees, as established by the City’s Planning Fee Schedule, shall be collected for an application for a development agreement made in compliance with this Chapter. Additionally, appropriate fees shall be established and collected for amendments to a development agreement and the periodic review identified in Section
17.610.080 (Periodic Review), below.
17.610.030 — Application Filing, Processing, and Review A. Filing. An application for a development agreement shall be filed with the Department in compliance with Chapter 17.600 (Permit Application Filing and Processing).
B. Contents. The application shall be accompanied by detailed data/materials identified in the Department handout for development agreement applications.
C. Project review procedures. Following receipt of a completed application, the Director shall investigate the facts necessary for action consistent with the purpose of this Chapter.
D. Notice and hearings.
1. The Director, upon finding the application for a development agreement complete and in compliance with the provisions of the California Environmental Quality Act (CEQA), shall set the application, together with recommendations, for public hearing before the Commission. Following conclusion of the public hearing, the Commission shall make a written recommendation to the Council
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Packet Pg. 1635 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) HOME OCCUPATION PERMITS 17.615
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-35 that it approve, conditionally approve, or disapprove the application, based on the findings identified in Subsection E. (Findings and decision), below.
2. Upon receipt of the Commission's recommendations, the City Clerk shall set the application and written report of the Commission for a public hearing before the Council. Following conclusion of the public hearing, the Council shall approve, conditionally approve, or disapprove the application, based on the findings identified in Subsection E. (Findings and decision), below.
3. Notice of the hearings identified in Subsections 1. and 2., above shall be given in the form of a notice of intention to consider approval of a development agreement in compliance with Government Code Section 65867 and Chapter
17.710 (Public Noticing and Hearings).
E. Findings and decision. The review authority may approve a development agreement only if it first makes all of the following findings:
1. The development agreement is in the best interests of the City;
2. The development agreement is consistent with the purpose, intent, goals, policies, programs, and land use designations of the General Plan, any applicable specific plan, and this Development Code;
3. The development agreement will promote the public convenience, health, interest, safety, and general welfare of the City;
4. The project will be compatible with the uses authorized in, and the regulations prescribed for, the zone in which the real property is located;
5. The project will not adversely affect the orderly development of property or the preservation of property values;
6. The project will further important Citywide goals and policies that have been officially recognized by the Council; and
7. The project will provide the City with important, tangible benefits beyond those that may be required by the City through project conditions of approval.
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Packet Pg. 1636 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
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6-36 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17
17.610.040 — Content of Development Agreement
A. Mandatory contents. A development agreement shall contain the applicable provisions identified below, in compliance with Government Code Section 65865.2:
1. Specify the:
a. Duration of the agreement;
b. Allowed uses for the subject property; and
c. Density/intensity of the allowed uses.
2. Describe the:
a. Maximum height and size of proposed structures by clearly identifying and referring to the documents and exhibits approved;
b. Provisions, if any, for reservation or dedication of land for public purposes; and
c. Provisions, if any, for the protection from either a future growth control ordinance or a future increase in development and/or effect fees;
3. Provide for a tiered amendment review procedure that may incorporate the following:
a. Director approval for minor modifications;
b. Commission approval for major modifications; and
c. Council approval for major amendments.
4. Provide for the possibility of subsequent discovery of health and safety issues like a "compelling public necessity" (e.g., a new environmental health hazard is discovered), which would necessitate a reconsideration/amendment of the previously approved development agreement.
B. Permissive contents. A development agreement may contain the applicable provisions identified below, in compliance with Government Code Section 65865.2:
1. Conditions, terms, restrictions, and requirements for subsequent discretionary actions; provided, the conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density/intensity of development specified in the agreement;
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Packet Pg. 1637 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) HOME OCCUPATION PERMITS 17.615
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-37
2. Provisions that require that construction shall be commenced within a specified time and that the project, or any single phase, be completed within a specified time;
3. Terms and conditions relating to applicant financing of necessary public improvements and facilities including applicant participation in benefit assessment proceedings; and
4. Other terms, conditions and requirements as the Council may deem necessary and proper, including requirement(s) for ensuring, to the satisfaction of the Director, performance of all provisions of the agreement in a timely manner by the applicant/contracting party.
17.610.050 — Execution and Recordation
A. Adoption of ordinance becomes effective.
1. If the Council approves the development agreement, it shall do so by the adoption of an ordinance.
2. The City shall not execute a development agreement until on or after the date upon which the ordinance approving the agreement, enacted in compliance with Subsection 17.610.030.D. (Notice and hearings), above, becomes effective.
3. The development agreement may be signed by the Mayor or City Manager.
B. Recordation of agreement. A development agreement shall be recorded in the County Recorder’s Office no later than 10 days after it is executed.
17.610.060 — Amendment and Cancellation of Development Agreements A. Proposed amendment or cancellation. Either party to the agreement may propose an amendment to or cancellation of the development agreement.
B. Same procedures. The procedure and notice requirements for amendment or cancellation of the development agreement are the same as the procedure for entering into an agreement in compliance with this Chapter.
C. City initiated amendment or cancellation. Where the City initiates the amendment or cancellation of the development agreement, it shall first give notice to the property owner of its intention to initiate the proceedings at least 15 days before giving public notice to consider the amendment or cancellation, in compliance with Chapter 17.710 (Public Hearings).
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Packet Pg. 1638 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.615 HOME OCCUPATION PERMITS
6-38 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17
17.610.070 — Modification or Suspension of Development Agreements The City may modify or suspend a development agreement if the City determines that failure of the City to do so would place the residents of the area subject to the development agreement, or the residents of the City, or both, in a condition dangerous to their health or safety, or both, in compliance with Government Code Section 65865.3(b).
17.610.080 — Periodic Review
A. Subject to periodic review.
1. Every development agreement approved and executed in compliance with this Chapter, shall be subject to periodic City review during the full term of the agreement.
2. The City shall review the development agreement upon initiation by the applicant/ contracting party or its successor(s)-in-interest, but at least every 12 months from the date the agreement is entered into.
3. The time for review may be shortened either by agreement between the parties or by initiation in one or more of the following ways:
a. Affirmative vote of at least three members of the Commission; or b. Affirmative vote of at least three members of the Council.
4. The review schedule shall be specified in the development agreement.
B. Purpose of periodic review. The purpose of the periodic reviews shall be to determine whether the applicant/contracting party or its successor(s)-in-interest has complied in good faith with the terms or conditions of the development agreement. The burden of proof shall be on the applicant/contracting party or its successor(s) to demonstrate compliance, to the full satisfaction of, and in a manner prescribed by, the City.
C. Notice of periodic review.
1. The applicant/contracting party or its successor(s)-in-interest shall initiate the review proceeding by making application to the Director in compliance with this Section.
2. Upon receipt of a complete application, the Director shall begin the review proceeding by giving notice that the City intends to undertake a periodic review of the development agreement to the applicant/contracting party or its successor(s)-in-interest, and any person who has filed a written request for notice with the Director and has paid the required fee for the notice.
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Packet Pg. 1639 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) HOME OCCUPATION PERMITS 17.615
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-39
3. The Director shall give the notice at least 15 days in advance of the time when the matter will be considered by the Commission in compliance with Subsection
17.610.030.D. (Notice and hearings), above.
D. Review by Commission. Review shall be conducted by the Commission.
1. The Commission shall conduct a hearing at which the applicant/contracting party or its successor(s)-in-interest shall demonstrate good faith compliance with the terms of the development agreement.
2. The burden of proof of this issue is on the applicant/contracting party or its successor(s)-in-interest.
E. Findings upon hearing. The Commission shall determine, upon the basis of substantial evidence, whether or not the applicant/contracting party or its successor(s)-in-interest has, for the period under review, complied in good faith with the terms and conditions of the development agreement.
F. Procedure upon findings.
1. Has complied.
a. If the Commission finds and determines, on the basis of substantial evidence, that the applicant/contracting party or its successor(s)-ininterest has complied in good faith with the terms and conditions of the development agreement during the period under review, the review for that period is concluded, and a notice of that determination shall be sent to the Council and the applicant/contracting party or its successor(s)-ininterest. b. The Council shall review the Commission’s action.
c. If the Council so desires, it can schedule a public hearing for further review.
2. Has not complied. If the Commission finds and determines, on the basis of substantial evidence, that the applicant/contracting party or its successor(s)-ininterest has not complied in good faith with the terms and conditions of the development agreement, the Commission shall forward its recommendation to the Council and the Council may modify or terminate the agreement.
G. Modification or termination of development agreement.
1. Proceedings upon modification or termination. If, upon a finding under Subsection F. (Procedure upon findings), above, the City determines to proceed
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Packet Pg. 1640 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.615 HOME OCCUPATION PERMITS
6-40 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 with modification or termination of the development agreement, the City shall give notice to applicant/contracting party or its successor(s)-in-interest of its intention to do so. The notice shall contain all of the following:
a. The time and place of the hearing, which shall be conducted by the Council;
b. A statement as to whether or not the City proposes to terminate or to modify the development agreement; and
c. Other information that the City considers necessary to inform applicant/contracting party or its successor(s)-in-interest of the nature of the proceedings.
2. Hearing on modification or termination of development agreement. a. At the time and place set for the hearing on modification or termination, the applicant/contracting party or its successor(s)-in-interest shall be given an opportunity to be heard.
b. At the hearing, the Council may affirm, modify, or reject the determination of the Commission.
c. The Council may refer the matter back to the Commission for further proceedings or for report and recommendation.
d. The Council may impose those conditions to the action it takes as it considers reasonable and necessary to protect the interests of the City. e. The decision of the Council on the modification or termination shall be final.
17.610.090 — Effect of Development Agreements
A. Rules in force at the time of execution. Unless otherwise provided by the development agreement, the policies, regulations, and rules governing allowed uses of the land, density, design, improvement, and construction standards and specifications, applicable to development of the property subject to a development agreement, are the policies, regulations, and rules in force at the time of execution of the agreement.
B. Application of new rules. In compliance with Government Code Section 65866, a development agreement shall not prevent the City, in subsequent actions applicable to the property, from applying new policies, regulations, and rules that do not conflict with those policies, regulations, and rules applicable to the property, nor shall a development agreement prevent the City from conditionally approving or disapproving any
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Packet Pg. 1641 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) HOME OCCUPATION PERMITS 17.615
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-41 subsequent development project application on the basis of existing or new policies, regulations, and rules.
17.610.100 — Approved Development Agreements
Development agreements approved by the Council shall be on file with the City Clerk.
17.610.110 — Newly Annexed Lands
For newly annexed land comprising territory that was formerly unincorporated, any development agreement entered into by the County before the effective date of the annexation shall remain valid for the duration of the agreement in compliance with the provisions and limitations of Government Code Section 65865.3(a).
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Packet Pg. 1642 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.615 HOME OCCUPATION PERMITS
6-42 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Chapter 17.615 — Home Occupations
Sections:
17.615.010 — Purpose
17.615.020 — Applicability
17.615.030 — Business Registration and Approval Process
17.615.040 — Allowed Home Occupations
17.615.050 — Prohibited Home Occupations
17.615.060 — Compliance with Standards and Conditions
17.615.070 —Decision
17.615.080 — Conditions of Approval
17.615.090 — Inspections
17.615.100 — Changes in Home Occupation
17.615.110 — Post-Decision Procedures
17.615.010 — Purpose
The purpose of this Chapter is to allow for the conduct of home occupations that are deemed incidental to, and compatible with, surrounding residential uses. A home occupation represents a legal commercial enterprise conducted by an occupant(s) of the dwelling.
17.615.020 — Applicability
The following standards shall apply to all home occupation uses.
17.615.030 — Business Registration and Approval Process License Required. All businesses are required to register for a business license, pursuant to Chapter 5 (Business Licenses and Regulations) of the Municipal Code.
17.615.040 — Allowed Home Occupations
A. Where allowed. Home occupations are allowed in all zones with a legally established residence (conforming and non-conforming) in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).
B. Allowed home occupations. Any activity producing income, or intended to produce income, conducted entirely within a residential dwelling by the inhabitants of the dwelling, which use is clearly incidental and secondary to the use of the structure for residential purposes, which does not change the character of the dwelling, and only when conducted in compliance with the applicable locational and operational standards identified in Section 17.615.070 (Compliance with Standards and Conditions), below.
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Packet Pg. 1643 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) HOME OCCUPATION PERMITS 17.615
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-43 C. Number of Businesses. There is a limit of one home occupation per property.
D. Uses Permitted. Except where prohibited in 17.615.050 below, the following business activities are permitted as home occupations.
1. Activities associated with the work of artists, sculptors, authors and composers.
2. Activities associated with the work of dressmakers, seamstresses and tailors.
3. Barber or Beauty Services with no more than one customer receiving services at any given time.
4. Business, professional and sales offices, excluding medical, dental and similar uses that involve regular patient visits to the site, provided that no in-person retail sales transactions are made on the premises and that no customers or clients visit the site, except as specifically allowed by this section. Typical examples of such general business office activities include research; report writing; bookkeeping; telecommunication with clients and employees; and the sending and receiving of mail, telephone calls, and electronic communications by electronic or similar means.
5. Family Day Care (Large and Small) subject to Section 17.430.110 150 – Child Day Care Facilities
6. Home catering and food preparation businesses, subject to the approval of the Riverside County Health Department. See Section 17.430.140150 – Cottage Businesses.
7. Home crafts, such as model making, rug weaving, quilting and needlework, lapidary work and wood working, limited to the uses of tools and equipment commonly available for personal residential use, but specifically excluding cabinet making.
8. Home-based direct sales distributions businesses in which sales, merchandise distribution and product demonstrations are primarily conducted either off-site or by telephone, mail or other electronic communication.
9. Instruction in academia, music, voice, art, dance or similar activities with no more than one pupil receiving instruction at any given time.
10. Small electronics repair, limited to items such as personal computers and electronic recorders with a maximum weight of 40 pounds per item.
11. Telecommuting, as defined by Chapter 17.800 (Definitions).
12. Wholesale or brokering of motor vehicles, provided that no vehicles are stored onsite and no in-person retail transactions occur on-site.
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Packet Pg. 1644 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.615 HOME OCCUPATION PERMITS
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13. Other similar uses determined by the Director to be incidental to or compatible with residential activities.
17.615.050 — Prohibited Home Occupations
Irrespective of Section 17.615.040 – Allowed Home Occupations above, the following uses are not incidental to or compatible with residential activities and are prohibited as home occupations:
A. Adult businesses;
B. Alcohol sales;
C. Ammunition, explosives, or fireworks, sales, use, or manufacturing; D. Businesses that entail the commercial breeding, boarding, grooming, harboring, kenneling, raising, and/or training of dogs, cats, or other animals on the premises; E. Carpentry (on-site) and cabinet making (does not prohibit a normal wood-working hobby operation);
F. Cultivation, manufacturing, distribution, transportation, testing or sale of cannabis, cannabis products, or ;
G. Dance club/night clubs;
H. Food preparation for commercial purposes;
I. Fortune telling (Psychic);
J. Lawn mower and/or small engine repair;
K. Noncertified Massage practitioners;
L. Medical, dental and veterinary offices, clinics, and laboratories; M. Mini storage;
N. Plant nursery;
O. Private Clubs;
P. Retail or wholesale sales of products stored at the residence; Q. Storage and/or sales of equipment, materials, and other accessories to the construction and service trades;
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Packet Pg. 1645 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) HOME OCCUPATION PERMITS 17.615
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-45 R. Tattoo and body piercing;
S. Television, radio, or appliance repair;
T. Tobacco/hookah lounges/parlors;
U. Tow Truck services;
V. Vehicle repair (body or mechanical), upholstery, automobile detailing (e.g., washing, waxing, etc.) and painting. (This does not prohibit "mobile" minor repair or detailing at the customer's location);
W. Vehicle sales;
X. Welding and machining; and
Y. Other similar uses determined by the Director not to be incidental to or compatible with residential activities.
17.615.060 — Compliance with Standards and Conditions
A. Compliance required. Home occupations shall comply with the applicable locational, developmental, and operational standards identified in this Section as well as any conditions imposed on Business License.
B. Required standards. Each home occupation shall comply with all of the following standards.
1. The home occupation shall be clearly incidental and subordinate to the primary use of the dwelling unit.
2. The site of the home occupation must be the principal residence of anyone engaged in the home occupation. In addition, no more than one non-resident employee or assistant is permitted to engage in home occupation activities at the site at any given time.
3. The home occupation shall be conducted within a dwelling and shall be clearly incidental to the use of the structure as a dwelling.
4. There shall be no direct on-site sale of products, either wholesale or retail.
5. A maximum of one customer or client vehicle at any given time shall be allowed to visit the premises of the home occupation
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Packet Pg. 1646 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.615 HOME OCCUPATION PERMITS
6-46 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17
6. There shall be no exterior use or storage of material or mechanical equipment, as determined by the Director to be for the home occupation use and not for normal household or hobby use.
7. The use shall not generate pedestrian or vehicular traffic beyond that determined by the Director to be normal for the zone or neighborhood in which it is located.
8. Commercial vehicles or trailers, except those normally incidental to residential use, shall not be kept on the site, and any need for parking generated by the home occupation shall be met off the street and other than in a required yard.
9. The use shall not involve excessive storage of materials or supplies on the premises, as determined by the Director. Combustible and/or hazardous substances shall receive approval of the Fire Department.
10. There shall be no signs allowed other than the address for the main dwelling. There shall be no other advertising using the home address, with the exception of advertising in the telephone directory or via the Internet.
11. Not more than one room or the equivalent of 20 percent of the floor area of the entire dwelling unit, whichever is greater, shall be employed for the home occupation. Use of the garage is allowed; provided that all required vehicle storage is maintained in compliance with this Development Code, and the garage doors shall be closed at all times.
12. The appearance of the dwelling or any accessory structure shall not be altered so that the dwelling may be reasonably recognized as serving a nonresidential use (either by color, construction, dust, materials, odors, lighting, noise, signs, sounds, vibrations, etc. or that disturbs the peace). The existence of a home occupation shall not be apparent beyond the boundaries of the subject site.
13. There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential purposes as defined in the zone. (Ord. 19-22, adopted December 17, 2019)
17.615.070 —Decision
The Director may approve a Business License application for a Home Occupation, with or without conditions. The Director may deny a Business License application for a Home Occupation for any of the following::
A. The proposed home occupation is inconsistent with the General Plan, any applicable specific plan, and the development and design standards of the subject zone;
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Packet Pg. 1647 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) HOME OCCUPATION PERMITS 17.615
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-47 B. The proposed home occupation will be detrimental to the public convenience, health, interest, safety, or welfare, or materially injurious to the properties or improvements in the immediate vicinity; or
C. The proposed home occupation will interfere with the use or enjoyment of neighboring existing or future residential developments, or will create traffic or pedestrian hazards.
17.615.080 — Conditions of Approval
In approving a Business License application for a Home Occupation , the Director may impose conditions (e.g., buffers, hours of operation, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, surfacing, time limits, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the purpose of this Chapter.
17.615.090 — Inspections
The Director, Code Enforcement Officer, Building Inspector, or Riverside County Sheriff Deputy shall have the right at any time, upon request, to enter and inspect the premises subject to a Business Licenses for a Home Occupation in order to verify compliance with the locational, developmental, and operational standards identified in Section 17.615.070 (Compliance with Standards and Conditions), above.
17.615.100 — Changes in Home Occupation
A change in the type of home occupation activity (e.g., a change from one allowed activity to another allowed activity) conducted by the original resident/permittee shall also require a new Business License before conducting an allowed home occupation.
17.615.110 — Post-Decision Procedures
The procedures and requirements in Chapter 17.660 (Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Administration) shall apply following the decision on a Business License application for a Home Occupation.
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Packet Pg. 1648 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.620 PLANNED DEVELOPMENT PERMITS
6-48 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Chapter 17.620 — Planned Development Permits
Sections:
17.620.010 — Purpose
17.620.020 — Applicability
17.620.030 — Review Authority
17.620.040 — Application Filing, Processing, and Review
17.620.050 — Project Review, Notice, and Hearing
17.620.060 — Findings and Decision
17.620.070 — Planned Development Permit Amendment
17.620.080 — Development Schedule
17.620.090 — Conditions of Approval
17.620.100 — Use of Property Before Final Action
17.620.110 — Post-Decision Procedures
17.620.010 — Purpose
The purpose of this Chapter is to provide a process for approving a Planned Development Permit that is intended to:
A. Ensure efficient use of land and better living environment. Provide a method whereby land may be designed and developed as a single unit by taking advantage of modern site planning techniques thereby resulting in a more efficient use of land, a better living environment, and a superb site plan, and excellence of design than is otherwise possible through strict application of the development standards identified in Article 2 (Zones, Allowable Land Uses, and Zone Specific Standards); B. Ensure high standards of environmental quality. Ensure development that meets high standards of environmental quality, public health and safety, the efficient use of the City's resources, and the purpose, intent, goals, policies, actions, and land use designations of the General Plan and any applicable specific plan; and C. Provide for enhanced amenities. Incorporate a program of enhanced amenities (e.g., enhanced landscaping, LEED or other “green” related standards, additional and enhanced open space, additional public art, improvements to an existing public facility [e.g., park or trail, etc.]) than typically required by this Development Code.
17.620.020 — Applicability
A. Allowed development projects. A Planned Development Permit may only be requested for a residential, industrial, office, retail, mixed-use, or business campus-type development project.
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Packet Pg. 1649 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) PLANNED DEVELOPMENT PERMITS 17.620
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-49 B. Minimum site area. A Planned Development Permit may only be requested for a site(s) with a minimum of two acres.
C. Planned Development Permit precedes Building or Grading Permits. For projects proposing a Planned Development Permit, a Building or Grading Permit shall not be issued until the Planned Development Permit has been approved in compliance with this Chapter.
D. Activities only allowed in base zone. A Planned Development Permit may not authorize a land use activity that is not allowed in the base zone.
E. Modify standards.
1. The permit may adjust or modify, where necessary and justifiable, all applicable development standards (e.g., building envelope [coverage, FAR, height, and setbacks], fence and wall heights, landscaping, parking, open space, street layout, etc.) identified in this Development Code, with the exception of an increase in the applicable density or intensity above the allowable maximums identified in Article 2 (Zones, Allowable Land Uses, and Zone Specific Standards). The permit may reduce the minimum density or intensity, as applicable, where unique circumstances or conditions warrant such modifications including environmental constraints, unique or unusual parent parcel size or development, or unique topographical conditions. Notwithstanding subsection B above (Minimum site area), a reduction in density or intensity may be requested on a parcel of any size.
2. Residential development projects with density or intensity standards increased above the maximums identified in Article 2 (Zones, Allowable Land Uses, and Zone Specific Standards) may only be approved in compliance with Government Code Section 65915 and Chapter 17.310 (Affordable Housing — Density Bonuses).
17.620.030 — Review Authority
The City Council may approve, approve in modified form, conditionally approve, or disapprove the Planned Development Permit application, based upon the findings contained in Section 17.620.060 (Findings and Decision), below.
17.620.040 — Application Filing, Processing, and Review An application for a Planned Development Permit shall be filed and processed in compliance with Chapter 17.600 (Permit Application Filing and Processing). The application shall include the information and materials specified in the Department handout for Planned Development Permit applications, including the submission of landscape and irrigation plans pursuant to Chapter 17.325 – Water Efficient Landscape and Irrigation, together with the required fee in
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Packet Pg. 1650 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.620 PLANNED DEVELOPMENT PERMITS
6-50 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 compliance with the City’s Planning Fee Schedule. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.620.060 (Findings and Decision), below. (ord. 16-01, adopted April 5, 2016)
17.620.050 — Project Review, Notice, and Hearing
A. Application consistent with the purpose of Chapter.
1. Each Planned Development Permit application shall be analyzed by the Director to ensure that the application is consistent with the purpose and intent of this Chapter.
2. The Director shall submit a staff report and recommendation to the Commission for its consideration.
3. The Commission shall make a recommendation to the City Council for its consideration.
B. Notice and hearings.
1. A public hearing shall be required for the Commission’s and City Council’s action on a Planned Development Permit application.
2. Notice of the public hearing shall be given and the hearing shall be conducted in compliance with Chapter 17.710 (Public Hearings).
17.620.060 — Findings and Decision
A. City Council authority. The City Council may approve, conditionally approve, or disapprove an application for a Planned Development Permit and shall record the decision and the findings upon which the decision is based.
B. Required findings. The City Council may approve a Planned Development Permit application, with or without conditions, only if it first makes all of the following findings:
1. The Planned Development Permit will:
a. Be allowed within the subject base zone;
b. Be consistent with the purpose, intent, goals, policies, actions, and land use designations of the General Plan and any applicable specific plan; c. Be generally in compliance with all of the applicable provisions of this Development Code relating to both on-site and off-site improvements that are necessary to accommodate flexibility in site planning and
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Packet Pg. 1651 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) PLANNED DEVELOPMENT PERMITS 17.620
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-51 property development and to carry out the purpose, intent, and requirements of this Chapter and the subject base zone, including prescribed development standards and applicable design guidelines, except for those provisions modified in compliance with this Chapter; and
d. Ensure compatibility of property uses within the zone and general neighborhood of the proposed development.
2. The proposed project will produce a comprehensive development of superior quality and excellence of design (e.g., appropriate variety of structure placement and orientation opportunities, appropriate mix of structure sizes, high quality architectural design, significantly increased amounts of landscaping and improved open space, improved solutions to the design and placement of parking and loading facilities, incorporation of a program of highly enhanced amenities [e.g., additional public art], LEED or other “green” related standards, etc.) than might otherwise occur from more typical development applications;
3. Proper standards and conditions have been imposed to ensure the protection of the public health, safety, and welfare;
4. Proper on-site traffic circulation (e.g., pedestrian and vehicular) and control is designed into the development to ensure protection for fire suppression and police surveillance equal to or better than what would normally be created by compliance with the minimum setback and parcel width standards identified in Article 2 (Zones, Allowable Land Uses, and Zone Specific Standards);
5. The subject parcel is adequate in terms of size, shape, topography, and circumstances to accommodate the proposed development;
6. Adequate public services and facilities exist, or will be provided, in compliance with the conditions of approval, to serve the proposed development and the approval of the proposed development will not result in a reduction of public services to properties in the vicinity to be a detriment to public health, safety, and general welfare;
7. The proposed development, as conditioned, will not have a substantial adverse effect on surrounding property or their allowed use;
8. If the development proposes to mix residential and commercial uses whether done in a vertical or horizontal manner, the residential use is designed in a manner that it is appropriately buffered from the commercial use and is provided sufficiently enhanced amenities to create a comfortable and healthy residential environment and to provide a positive quality of life for the residents.
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Packet Pg. 1652 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.620 PLANNED DEVELOPMENT PERMITS
6-52 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 The enhanced amenities may include additional landscaping, additional private open space, private or separated entrances, etc;
9. The design, location, operating characteristics, and size of the proposed development will be compatible with the existing and future land uses in the vicinity, in terms of aesthetic values, character, scale, and view protection; and
10. The applicant agrees in writing to comply with any and all of the conditions imposed by the review authority in the approval of the Planned Development Permit.
17.620.070 — Planned Development Permit Amendment
A. City Council action on requested changes. Requested changes in the Planned Development Permit, other than those allowed by this Section, shall be submitted to the City Council for review and approval.
B. Added stipulations deemed reasonable and necessary. The City Council may, as a condition of approval, impose added stipulations or changes to the Planned Development Permit as it deems reasonable and necessary to carry out the purpose and intent of this Chapter.
C. Minor changes by Director. Minor changes in the Planned Development Permit that do not involve an increase in the number of dwelling units or an intensity of use may be approved by the Director in compliance with Section 17.660.100 (Changes to an Approved Project).
17.620.080 — Development Schedule
An application for a Planned Development Permit shall include a development schedule in compliance with the following:
A. Permit application shall include development schedule. An application for a Planned Development Permit shall be accompanied by a development schedule clearly identifying, to the best of the applicant’s knowledge, the approximate date when the construction of the project can be expected to begin, the anticipated rate of development, and the completion date.
1. The development schedule for a Planned Development Permit shall indicate the approximate time period, after the Planned Development Permit becomes effective, when construction of the project can be expected to begin, the anticipated rate of development, and the anticipated completion date.
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Packet Pg. 1653 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) PLANNED DEVELOPMENT PERMITS 17.620
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-53
2. The development schedule, if approved by the City Council, shall become a part of the Planned Development Permit and shall be adhered to by the owner of the property and the owner’s successor(s)-in-interest.
B. Development schedule for phased developments. The development schedule, if it shows the total project is to be developed in phases, shall indicate the open space and amenities proposed for each individual phase. The developer shall construct all amenities shown and landscape all open spaces within each phase as it is completed, and before occupancy of any structure located within each particular phase of the development.
C. Director to review overall progress. From time to time, the Director shall compare the actual development accomplished in the planned development with the approved development schedule.
D. Commission may extend development schedule. Upon a written request by the developer/property owner, for good cause shown, the Commission may extend the time limits of the development schedule; provided, any request for an extension of time limits shall be on file in the office of the Director no later than 30 days before the date of expiration.
E. Suspension during processing of extension request. The filing of the time extension request shall suspend the actual expiration of the Planned Development Permit until the extension request is approved by the Commission, except that no Building Permit shall be issued related to the Planned Development Permit during the period of suspension.
17.620.090 — Conditions of Approval
In approving a Planned Development Permit, the City Council may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 17.620.060 (Findings and Decision), above.
17.620.100 — Use of Property Before Final Action
No permits or approvals shall be issued for any use or construction involved in an application for a Planned Development Permit until and unless the Planned Development Permit shall have become final, in compliance with Section 17.660.030 (Effective Date of Permits).
17.620.110 — Post-Decision Procedures
The procedures and requirements in Chapter 17.660 (Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Administration) shall apply following the decision on a Planned Development Permit application.
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Packet Pg. 1654 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.625 REASONABLE ACCOMMODATION
6-54 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Chapter 17.625 — Reasonable Accommodation
Sections:
17.625.010 — Purpose
17.625.020 — Applicability
17.625.030 — Application Requirements
17.625.040 — Review Authority
17.625.050 — Review Procedures
17.625.060 — Findings and Decision
17.625.070 — Rescission of Approval of Reasonable Accommodation
17.625.010 — Purpose
It is the policy of the City to provide individuals with disabilities reasonable accommodation in rules, policies, practices, and procedures to ensure the equal access to housing and facilitate the development of housing for individuals with disabilities in compliance with the California Fair Employment and Housing Act, the Federal Fair Housing Act, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (referred to in this Chapter as the “Acts”). This Chapter provides a procedure for making requests for reasonable accommodations in land use, zoning and building regulations, policies, practices, and procedures of the jurisdiction to comply fully with the intent and purpose of the fair housing laws.
Nothing in this Chapter requires persons with disabilities or operators of group homes for persons with disabilities acting or operating in accordance with applicable zoning, licensing, or land use laws or practices to seek reasonable accommodation under this Chapter. (ord.14-04, adopted May 6, 2014)
17.625.020 — Applicability
A. Eligible applicants.
1. A request for reasonable accommodation may be made by any person with a disability, his or her representative (e.g. family member, care provider, etc.), or a provider of housing for persons with disabilities in the City’s land use and zoning regulations, policies, or practices when the application of such may act as a barrier to affording such person(s) equal opportunity to use and enjoy a dwelling.
2. A person with a disability is a person who has a physical or mental impairment that limits one or more major life activities, anyone who is regarded as having this type of impairment or anyone who has a record of this type of impairment.
While a person recovering from substance abuse is considered a person with a
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Packet Pg. 1655 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) REASONABLE ACCOMMODATION 17.625
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-55 disability, a person who is currently engaging in the current illegal use of controlled substances is not.
3. This Chapter is intended to apply to those persons who are defined as disabled or handicapped under the Acts. (ord. 14-04, adopted May 6, 2014) B. Eligible requests.
1. A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to a dwelling of his or her choice.
2. A request for a reasonable accommodation shall comply with Section 17.625.030.
3. The City will provide the assistance necessary to an applicant in making a request for reasonable accommodation. A request by an applicant for reasonable accommodation may be made orally or in writing. It is usually helpful for all parties if the request is made in writing as it will help avoid misunderstandings and keep an accurate record of the request. The City shall assist the applicant with furnishing all information maintained by the City as a public record, such as City ordinances, policies, rules, and regulations necessary for processing the reasonable accommodation request.
4. Notice of the availability of the reasonable accommodation shall be prominently displayed at all public information counters in the City’s Community Development Department, and the City Clerk’s office. Forms for requesting reasonable accommodations shall be available to the public in the Community Development Department or upon request.
5. Should the information provided by the applicant include medical information or records of the applicant, including records indicating medical condition, diagnosis or medical history of the applicant, the City, to the extent allowed by law, shall treat such information as confidential information of the City. The City shall provide written notice to the Applicant, and any person designated by the Applicant to represent the Applicant in the application proceeding, of any request received by the City for disclosure of the medical information or documentation which the Applicant has provided to the City. The City will cooperate with the Applicant, to the extent allowed by law, in actions initiated by the Applicant to oppose the disclosure of such medical information or documentation. (ord.14-04, adopted May 6, 2014)
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Packet Pg. 1656 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.625 REASONABLE ACCOMMODATION
6-56 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17
17.625.030 — Application Requirements
A. Application. The Community Development Department shall provide applicants for a reasonable accommodation with an application form eliciting the following information:
1. The applicant's name, address and telephone number;
2. Name, address, and telephone number of property owner and the current address for which the request is being made;
3. The current actual use of the property;
4. The basis for the claim that the applicant is considered disabled under the Acts or provides housing for persons considered disabled under the Acts. (For example, an individual applicant may submit a letter by the individual himself or herself containing information showing that he or she is under 65 years of age and receives Supplemental Security Income or Social Security Disability Insurance benefits, or from a doctor or other medical professional, a peer support group, a non-medical service agency, or reliable third party who is in a position to know about the individual’s disability. Only that information necessary to evaluate the reasonable accommodation shall be requested. In most cases, an individual's medical records or detailed information about the nature of a person's disability is not necessary for this inquiry. All such information shall be retained in a manner so as to respect privacy rights of the applicant and shall not be made available for public inspection);
5. The Development Code provision, regulation or policy from which reasonable accommodation is being requested;
6. Explanation why the reasonable accommodation is necessary to make specific property available for the individual.
The Department shall assist the applicant in completing the form, as necessary, or, shall elicit oral information from the applicant necessary for the Department to complete the form itself. In the event the Department completes the form by eliciting oral information from the applicant, the Department shall read the completed form to the applicant to ensure its accuracy and shall provide a copy of the completed form to the applicant.
7. A reasonable accommodation shall not affect an individual’s obligations to comply with other applicable regulations not at issue in the requested accommodation. (ord. 14-04, adopted May 6, 2014)
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Packet Pg. 1657 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) REASONABLE ACCOMMODATION 17.625
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-57
17.625.040 — Review Authority
A. A request for a reasonable accommodation shall be reviewed, and a determination shall be made, by the Director. (ord. 14-04, adopted May 6, 2014)
17.625.050 — Review Procedures
A. Director’s review. The Director shall make a written determination within 30 days following the submittal of a complete application and either approve, approve with modifications, or disapprove a request for a reasonable accommodation in compliance with Section 17.625.060 (Findings and Decision), below.
B. Findings and Decision. The written determination to approve or disapprove the request for reasonable accommodation shall be made in compliance with Section 17.625.060 (Findings and Decision), below.
C. Stays. If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for a reasonable accommodation is made, the 30-day period to issue a decision is stayed until the applicant responds to the request. (ord. 14- 04, adopted May 6, 2014)
17.625.060 — Findings and Decision
A. Findings. The written decision to approve or disapprove a request for reasonable accommodation that will be consistent with the Acts and shall be based on consideration of all of the following factors:
1. Whether the housing, which is the subject of the request, will be used by one or more individuals with a disability as defined under the Acts;
2. Whether the request for a reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts;
3. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the City. The determination of undue financial and administrative burden will be done on a case-by-case basis involving various factors;
4. Whether the requested reasonable accommodation would fundamentally alter the nature of a City program or law, including but not limited to land use and zoning;
5. Should the City determine that the applicant’s initial request would impose an undue financial or administrative burden on the City, or fundamentally alter a
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Packet Pg. 1658 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.625 REASONABLE ACCOMMODATION
6-58 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 City program or law, it may propose an alternative accommodation that would provide an equivalent benefit. In the event the City makes a determination not to accommodate an applicant’s initial request, this determination shall be documented.
B. Written decision. The written decision on the request for a reasonable accommodation shall include the reviewing authority’s findings and any other relevant information upon which the decision is based. All written decisions shall give notice of the applicant’s right of appeal and to request reasonable accommodation in the appeals process in compliance with Chapter 17.715 (Appeals), provided however, that the appeal period shall be extended to thirty (30) days, rather than fifteen (15) days. The notice of decision shall be sent to the applicant by certified mail.
C. Appeal. The written decision of the reviewing authority shall be final unless appealed in compliance with Chapter 17.715 (Appeals). (ord. 14-04, May 6, 2014)
17.625.070 — Rescission of Approval of Reasonable Accommodation A. Rescission. A grant or grant with modifications made in compliance with this Chapter may be conditioned to provide for its rescission or automatic expiration under appropriate circumstances (e.g., the individual defined as disabled under the Acts vacates the subject site, etc.).” (ord. 14-04, adopted May 6, 2014)
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Packet Pg. 1659 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SITE PLAN AND DESIGN REVIEW 17.630
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-59 Chapter 17.630 — Site Plan and Design Review
Sections:
17.630.010 — Purpose and Intent
17.630.020 — Applicability
17.630.030 — Review Authority
17.630.040 — Application Filing, Processing, and Review
17.630.050 — Findings and Decision
17.630.060 — Conditions of Approval
17.630.070 — Issuance of Other Required Permits and Approvals
17.630.080 — Minor Changes by Director
17.630.090 — Post-Decision Procedures
17.630.010 — Purpose and Intent
A. Purpose. The purpose of this Chapter is to provide a process for the appropriate review of development projects.
B. Intent. The intent is to ensure that all approved site and structural development:
1. Respects the physical and environmental characteristics of the site;
2. Ensures safe and convenient access and circulation for pedestrians and vehicles;
3. Exemplifies the best professional high quality design practices;
4. Allows for and encourages individual identity for specific uses and structures;
5. Encourages the maintenance of a distinct neighborhood and/or community identity;
6. Minimizes or eliminates negative or undesirable visual impacts; and
7. Provides for the adequate dedication of land for public purposes and the provision of public infrastructure, associated with the development.
17.630.020 — Applicability
A. Site Plan and Design Review required. No one shall construct any structure, or relocate, rebuild, or significantly enlarge or modify any existing structure or site until a Site Plan and Design Review has been approved in compliance with this Chapter.
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Packet Pg. 1660 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.630 SITE PLAN AND DESIGN REVIEW
6-60 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 B. Referral to Director. The Building Official shall refer to the Director all applications for Building or Grading Permits subject to the requirements of this Chapter.
C. Compliance with Chapter required.
1. Building or Grading Permits, Business Licenses, or Certificates of Occupancy shall not be issued until the requirements of this Chapter and Chapter 17.325 – Water Efficient Landscape and Irrigation are met. (ord. 16-01, adopted April 5, 2016)
2. Any permit or approval specified in Subparagraph 1., above, issued in violation of this provision shall be deemed void.
D. Density/intensity incentives. Determinations regarding density/intensity incentives, as provided for in Sections 17.215.040 (Residential Zone Density Incentives) shall be decided by the level of review authority based on the size of the proposed project as specified in Table 6-2 (Review Authority for Site Plan and Design Review), below.
E. Definitions. The term “significantly enlarge or modify” shall be defined as follows:
1. Residential enlargement or modification. Residential enlargements or modifications larger than 500 square feet or 25 percent of the existing gross floor area before the addition, whichever is less;
2. Commercial or industrial enlargement or modification. Commercial or industrial enlargement, modification, reconstruction, rehabilitation, or remodel equal to or exceeding 25 percent of the existing square footage of the structure before the construction; and
3. Unimproved commercial and industrial property. In the case of improvements to unimproved commercial and industrial property or improvements to commercial and industrial property that would not require modification of a structure, all plans shall be reviewed.
17.630.030 — Review Authority
A. Site Plan and Design Review required. Structures erected or modified to accommodate the land use activities listed in Article 2 (Zones, Allowable Land Uses, and Zone Specific Standards) shall require the approval of a Site Plan and Design Review.
B. Required before issuance of other required permits. Site Plan and Design Review approval shall be required before the issuance of a Building or Grading Permit, Business License, or Certificate of Occupancy for any new structure (not including fences or walls), and existing structures to be reconstructed or remodeled (including facade improvements) that increase the gross floor area by 500 square feet (for residential
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Packet Pg. 1661 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SITE PLAN AND DESIGN REVIEW 17.630
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-61 projects only) or 25 percent of the existing square footage of the structure before the construction, whichever is less, or to increase structure height.
C. Applicable review authority. The applicable review authority shall be as specified in Table 6-2 (Review Authority for Site Plan and Design Review), below.
Table 6-2
Review Authority for Site Plan and Design Review
Type of Construction Activity
Role of Review Authority (1) (2)
Director Commission
Cargo containers. Decision Appeal
Facade improvements. Decision Appeal
Nonresidential enlargements or modifications, up to a
maximum of 25 percent of the existing gross floor area. Decision Appeal Residential enlargements or modifications larger than
500 square feet or 25 percent of the existing gross floor area.
Decision Appeal
Residential construction proposing up to a maximum
of 8 dwelling units. Decision Appeal
Nonresidential construction, up to a maximum of 9,999
square feet of gross floor area. Decision Appeal
Residential construction proposing 9 to 50 dwelling
units, excluding single-family residential tract maps.
Decision Appeal
Single-family residential tract maps for 9 to 50 dwelling units. Decision Appeal
Nonresidential construction, 10,000 square feet or more of gross floor area. Decision Appeal
Residential construction proposing 51 or more
dwelling units. Decision Appeal
All development located on hillsides having a natural
slope gradient of 15 percent or greater shall also be
subject to Section 17.305.070 (Hillside Development).
Recommend Decision
All development subject to Chapter 17.500 (Floodplain
Management).
Recommend
Decision by the
Floodplain
Administrator
Density/Intensity Incentives (based on project size). In compliance with Subsection 17.630.020.D. above
Notes:
(1) "Recommend" means that the review authority makes a recommendation to a higher decision-making body; "Decision" means that the review authority makes the final decision on the matter; "Appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Chapter 17.715 (Appeals).
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Packet Pg. 1662 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.630 SITE PLAN AND DESIGN REVIEW
6-62 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 (2) The review authority may defer action and refer the request to the next higher review authority for the final decision.
D. Exemptions. The following types of projects are exempt from Site Plan and Design Review application process; however, the Department will review them for compliance with the Development Code and any other applicable Code or Design Standard during the building permit plan check process:
1. Infill development consisting of a single-family residence on a legal parcel. Does not include residential subdivisions.
2. Minor exterior modifications or renovations that do not expand the size of the building.
3. Accessory buildings and structures.
4. Outdoor dining areas (not including outdoor food preparation).
5. Minor site improvements or landscape modifications or renovations that are not subject to the Water Efficient Landscape Ordinance and does not require a Water WQMP.
6. Walls and Fences that do not exceed the height limits established in Chapter
17.315.
(Ord. 21-02, Adopted April 20, 2021)
17.630.040 — Application Filing, Processing, and Review A. Application filing. An application for a Site Plan and Design Review shall be filed and processed in compliance with Chapter 17.600 (Permit Application Filing and Processing). The application shall include the information and materials specified in the Department handout for Site Plan and Design Review applications, together with the required fee in compliance with the City’s Planning Fee Schedule. It is the responsibility of the applicant to provide evidence in support of the findings required by Section
17.630.050 (Findings and Decision), below.
B. Review with other land use applications. If the project for which the request for Site Plan and Design Review is being made also requires some other discretionary approval (e.g., Conditional Use Permit, etc.), then the applicant shall file the information required by Subsection A. (Application filing), above, together for concurrent review with the application for discretionary approval.
C. Application review. Each application for a Site Plan and Design Review shall be reviewed to ensure that the application is consistent with the purpose of this Chapter;
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Packet Pg. 1663 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SITE PLAN AND DESIGN REVIEW 17.630
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-63 applicable development standards and regulations of this Development Code; and adopted design guidelines and policies that may apply.
1. A Site Plan and Design Review is initiated when the Department receives a complete application package including the required information and materials specified in the Department handout and any additional information required by the applicable review authority in order to conduct a thorough review of the proposed project.
2. Upon receipt of a complete application the applicable review authority shall review the location, design, site plan configuration and the effect of the proposed development on adjacent properties by comparing the project plans to established development standards, regulations, and applicable design guidelines/policies.
3. During the course of the review process, the review authority may require the submittal of additional information or revised plans. The applicant shall be notified in writing of any revisions or additional information required and shall submit the requested information to the Department within 30 days after the date of the notice or within the period of time designated by the review authority. Failure to submit the required information within the 30-day period or within the period of time designated by the review authority may be cause for disapproval.
4. Within 30 days after the Site Plan and Design Review application has been deemed complete in compliance with Section 17.600.070 (Initial Application Review), the review authority shall either approve or disapprove the Site Plan and Design Review application and, if approved, may impose conditions deemed reasonable and necessary to protect the public health, safety and general welfare and ensure compliance with this Chapter and various regulations of the City.
5. The following criteria shall be considered during the review of a Site Plan and Design Review application:
a. Compliance with this Chapter, this Development Code, and all other applicable City regulations and policies;
b. Efficient site layout and design;
c. Compatibility with neighboring properties and developments; d. Efficiency and safety of public access and parking;
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Packet Pg. 1664 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.630 SITE PLAN AND DESIGN REVIEW
6-64 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 e. The arrangement and relationship of proposed structures and signs to one another and to other developments in the vicinity and whether the relationship is harmonious and based on good standards of design; f. The compatibility in scale and aesthetic treatment of proposed structures with public areas;
g. The adequacy of proposed driveways, landscaping, parking spaces, potential on-site and off-site parking and traffic impacts and other potential impacts upon the environment;
h. Appropriate open space and use of water efficient landscaping; i. Consistency with the General Plan and any applicable specific plan; and j. Consistency with any adopted design guidelines/standards.
D. On-site inspection. An application for a Site Plan and Design Review may require that the Director perform an on-site inspection of the subject parcel before confirming that the request complies with all of the applicable criteria and provisions identified in this Chapter.
E. Public hearing and appeal provisions.
1. A public hearing shall not be required for the Director’s decision on a Site Plan and Design Review application.
2. The Director may refer a Site Plan and Design Review to the Commission for their consideration.
3. A public hearing shall be required for the Commission's decision on a Site Plan and Design Review application. Notice of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 17.710 (Public Notices and Hearings).
4. The review authority’s decision may be appealed, in compliance with Chapter
17.715 (Appeals).
17.630.050 — Findings and Decision
A. Meets requirements of this Chapter. The review authority shall determine whether or not the application meets the requirements of this Chapter in compliance with Section
17.600.070 (Initial Application Review).
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Packet Pg. 1665 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SITE PLAN AND DESIGN REVIEW 17.630
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-65 B. Review authority’s action within 30 days. Within 30 working days after the filing of the completed application, the review authority shall approve, approve with conditions, or disapprove the Site Plan and Design Review application.
C. Referral to the Commission. If the Site Plan and Design Review application submitted is of significant consequence or magnitude or involves potential public controversy, the Director may defer action and refer the application to the Commission for review and final decision.
D. Next Commission agenda. The referral shall be placed on the agenda of the next available regular Commission meeting following the referral.
E. Other review authority. The decision to approve or disapprove the Site Plan and Design Review shall be made by the authority responsible for reviewing the other discretionary land use application (e.g., Conditional Use Permit, etc.) in compliance with the applicable review procedure for the other discretionary review. The decision to approve or disapprove the Site Plan and Design Review shall be made in compliance with Subsection F. (Required findings), below.
F. Required findings. The review authority may deny a Site Plan and Design Review application, if it first makes any of the following findings. The proposed development will:
1. Not be allowed within the subject zone;
2. Not be in compliance with all of the applicable criteria identified in Subparagraph 17.630.040.C.5., above;
3. Not be in keeping with the character of the neighborhood, in terms of the structure(s) general appearance; or
4. Be detrimental to the harmonious and orderly growth of the City.
17.630.060 — Conditions of Approval
A. May impose conditions. In approving a Site Plan and Design Review application, the review authority may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section
17.630.050 (Findings and Decision), above.
B. Requirements for dedication and infrastructure. The conditions may include requirements for the offers of adequate dedication of land for public purposes and the provision of public infrastructure to the extent necessitated by the development.
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Packet Pg. 1666 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.630 SITE PLAN AND DESIGN REVIEW
6-66 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17
17.630.070 — Issuance of Other Required Permits and Approvals A. Permits or approval for grading, structures, and uses. No permits or approvals shall be issued for any development involved in an application for a Site Plan and Design Review or a revised Site Plan and Design Review until and unless the same shall have become final, in compliance with Section 17.660.030 (Effective Date of Permits).
B. Compliance with Site Plan and Design Review. Grading shall not be commenced and no structure shall be altered, enlarged, erected, moved, or rebuilt subject to the provisions of this Chapter, except in compliance with the approved Site Plan and Design Review and the conditions imposed on the review.
C. Determination by Director. Compliance shall be determined by the Director, or in the case of disagreement with the applicant, by the applicable review authority.
17.630.080 — Minor Changes by Director
The Director may approve minor changes in a Site Plan and Design Review that do not involve an increase in structure area or height, an increase in the number of dwelling units, a significant architectural change, or an intensity of use in compliance with Section 17.660.100 (Changes to an Approved Project).
17.630.090 — Post-Decision Procedures
The procedures and requirements in Chapter 17.660 (Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Administration) shall apply following the decision on a Site Plan and Design Review application.
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Packet Pg. 1667 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SPECIFIC PLANS 17.635
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-67 Chapter 17.635 — Specific Plans
Sections:
17.635.010 — Purpose
17.635.020 — Intent
17.635.030 — Applicability
17.635.040 — Initiation of Specific Plans
17.635.050 — Application Filing and Initial Review
17.635.060 — Preparation and Content
17.635.070 — Application Processing
17.635.080 — Adoption of Specific Plan
17.635.090 — Amendment of Specific Plan
17.635.010 — Purpose
The purpose of this Chapter is to provide a process for preparing, processing, reviewing, adopting, and amending specific plans in compliance with Government Code Section 65450 et seq. or as that section may be amended or replaced from time to time.
17.635.020 — Intent
A. General Plan implementation. After the Council has adopted the General Plan, or any amendment to the General Plan, the Department may, or as directed by the Council, shall prepare or cause the preparation of specific plans for the systematic implementation of the General Plan.
B. Specific plan adoption.
1. Specific plans, including any associated conditions, programs, regulations, and proposed legislation shall be adopted by ordinance in compliance with Government Code Article 8 and Section 65453(a).
2. A specific plan shall replace the base zone(s) for the subject property, and the development standards and guidelines identified in the specific plan shall take precedence over the general standards and guidelines contained in this Development Code.
17.635.030 — Applicability
A. Specific plan required. A specific plan shall be required in compliance with Section
17.230.010 (Purposes of Special Purpose Zones), and shall be prepared, processed, approved and implemented, or disapproved in compliance with this Chapter.
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Packet Pg. 1668 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.635 SPECIFIC PLANS
6-68 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 B. Flexibility and innovation. A specific plan is designed to provide for flexibility, innovative use of land resources and development, a variety of housing and other development types, and an effective and safe method of pedestrian and vehicular circulation.
C. Commission and Council review. An application for a specific plan shall be considered by the Commission and Council.
17.635.040 — Initiation of Specific Plans
A specific plan or its amendment may be initiated in the following manner:
A. Council. By the Council with or without a recommendation from the Commission; B. Commission. By the Commission; or
C. Property owner(s). By an application filed by the owner(s) of one or more parcels that would be the subject of the specific plan. If initiated by a property owner(s), the following is strongly encouraged.
1. Pre-application conference. A pre-application conference with the PreDevelopment Review Committee before the filing of a specific plan application is strongly encouraged, in compliance with Section 17.600.040 (Application Preparation and Filing).
2. Neighborhood meeting(s). A neighborhood meeting is strongly encouraged with surrounding property owners and arranged by the project proponent(s).
17.635.050 — Application Filing and Initial Review
If initiated by a property owner(s), the specific plan application or an amendment shall comply with all of the following.
A. Filing. An application for a specific plan shall be filed and processed in compliance with Chapter 17.600 (Permit Application Filing and Processing). The application shall include the information and materials specified by the Department for specific plan applications, together with the required fee in compliance with the City’s Planning Fee Schedule. It is the responsibility of the applicant to provide evidence in support of the finding required by Section 17.635.080 (Adoption of Specific Plan), below.
B. Project review procedures. Following receipt of a completed application, the Director shall investigate the facts necessary for action consistent with the purpose of this Chapter.
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Packet Pg. 1669 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SPECIFIC PLANS 17.635
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-69 C. Notice and hearings.
1. Public hearings shall be required for the Commission’s recommendation and the Council’s action on a specific plan or an amendment.
2. The public hearings shall be scheduled once the Director finds the application complete in compliance with Section 17.600.070 (Initial Application Review).
3. Notice of the public hearings shall be given and the hearings shall be conducted in compliance with Chapter 17.710 (Public Hearings).
17.635.060 — Preparation and Content
If initiated by a property owner(s), the specific plan application shall comply with all of the following.
A. Organization of specific plan. The applicant shall prepare a draft specific plan for review by the City that includes detailed information in the form of text and diagram(s), organized in compliance with Government Code Section 65451.
B. Required information. The following information shall be provided:
1. The distribution, location, and extent of land uses proposed within the area covered by the specific plan, including open space areas;
2. The proposed distribution, extent, intensity, and location of major components of public and private circulation/transportation, drainage, energy, sewers, solid waste disposal, water, and other essential facilities proposed to be located within the specific plan area and needed to support the proposed land uses;
3. Standards, criteria, and guidelines by which development would proceed, and standards for the conservation, development, and utilization of natural resources, where applicable;
4. A program of implementation measures, including financing, regulations, programs, and public works projects, necessary to carry out the proposed land uses, infrastructure, and development and conservation standards and criteria;
5. A discussion of the relationship of the specific plan to the goals, policies, and actions of the General Plan; and
6. Additional information deemed to be necessary by the Director based on the characteristics of the area to be covered by the specific plan; applicable goals, policies, and actions of the General Plan; or any other issue(s) determined by the Director to be significant.
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Packet Pg. 1670 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.635 SPECIFIC PLANS
6-70 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17
17.635.070 — Application Processing
If initiated by a property owner(s), the draft specific plan shall be processed in the same manner as required for General Plans by State law, and as follows.
A. Director’s evaluation.
1. After the filing of a draft specific plan, the Director shall review the draft plan to determine whether it is in compliance with the provisions of this Chapter.
2. If the draft plan is not in compliance, it shall be returned to the applicant with written specification(s) as to why it does not comply, and with suggested revisions to ensure compliance.
3. When a draft plan is returned by the applicant to the Department and the Director determines it is complete and in compliance with this Chapter, the plan shall be deemed to be accepted for processing, in compliance with Section
17.600.070 (Initial Application Review).
B. Environmental review required. The draft specific plan shall be subject to environmental review as identified in Section 17.600.090 (Environmental Review).
C. Notification and consultation with California Native American tribes required.
1. In compliance with Government Code Section 65352.3 and prior to the adoption or amendment of a specific plan, proposed on or after March 1, 2005, the City shall conduct consultations with California Native American tribes that are on the contact list maintained by the Native American Heritage Commission for the purpose of preserving or mitigating impacts to features, objects, or places described in Public Resources Code Sections 5097.9 and 5097.993 that are located within the City's jurisdiction.
2. From the date on which a California Native American tribe is contacted by the City in compliance with this Subsection, the tribe shall have 90 days in which to request a consultation, unless a shorter timeframe has been agreed to by that tribe.
3. Consistent with the guidelines developed and adopted by the State Office of Planning and Research in compliance with Government Code Section 65040.2, the City shall protect the confidentiality of information concerning the specific character, identity, location, and use of those features, objects, and places.
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Packet Pg. 1671 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SPECIFIC PLANS 17.635
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-71 D. Staff report. A written staff report shall be prepared for the draft specific plan that shall include detailed recommendations and, if appropriate, suggested changes to the text and/or diagrams of the specific plan, as determined to be necessary to make it acceptable for adoption.
17.635.080 — Adoption of Specific Plan
A. Mandatory finding for adoption. A specific plan may only be adopted if first found consistent with the General Plan in compliance with Government Code Section 65454.
B. Method of adoption. The specific plan shall be adopted by ordinance in compliance with Government Code Section 65453(a).
C. Findings for projects under a specific plan. No local public works project may be approved, no tentative map or parcel map for which a tentative map was not required may be approved, and no Development Code Text or Zoning Map amendment may be approved within an area covered by a specific plan unless it is first found consistent with the adopted specific plan in compliance with Government Code Section 65455
17.635.090 — Amendment of Specific Plan
A. Process for amendment. A specific plan may be amended through the same procedure specified by this Chapter for the adoption of a specific plan.
B. Mandatory finding for amendment. A specific plan may only be amended if first found consistent with the General Plan in compliance with Government Code Section 65454.
C. Frequency of amendments. The specific plan may be amended as often as deemed necessary by the Council in compliance with Government Code Section 65453.
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Packet Pg. 1672 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.640 TEMPORARY USE PERMITS
6-72 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Chapter 17.640 — Temporary Use and Special Event Permits Sections:
17.640.010 — Purpose
17.640.020 — Definition
17.640.030 — Applicability
17.640.040 — Exempt Temporary Uses
17.640.050 — Allowed Temporary Uses
17.640.060 — Application Filing, Processing, and Review
17.640.070 — Director’s Review
17.640.080 — Findings and Decision
17.640.090 — Conditions of Approval
17.640.100 — Extensions for Temporary Use Permits and Special Event Permits
17.640.110 — Condition of Site Following Temporary Use
17.640.120 — Post-Decision Procedures
17.640.010 — Purpose
The purpose of this Chapter is to allow for short term activities that would be compatible with adjacent and surrounding uses when conducted in compliance with this Chapter.
17.640.020 — Definition
For purposes of this Chapter, a temporary (short-term) land use activity is defined as a land use that is interim, non-permanent, and/or seasonal in nature, and generally not conducted for more than 30 consecutive days in duration.
A. Temporary Use. A Temporary Use Permit allows short-term activities that might not meet the normal development or use standards of the applicable zone, but may otherwise be acceptable because of their temporary nature, that is located on private (non-governmental) property.
B. Special Event. A Special Event Permit allows for short-term activities that might not meet the normal development or use standards of the applicable zone that are located on public, or governmentally owned property (i.e. within a City Park, Street, etc.).
17.640.030 — Applicability
A. Temporary Use Permit required. Temporary land uses shall not be established, operated, or conducted in any manner without the approval and maintenance of a valid Temporary Use Permit approved in compliance with this Chapter.
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Packet Pg. 1673 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) TEMPORARY USE PERMITS 17.640
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-73
1. Categories of land uses. The following two categories of temporary land uses identify the level of permit required, if any, based on the proposed duration, size, and type of use:
a. Exempt temporary uses. Exempt temporary uses are identified in
17.640.040 (Exempt Temporary Uses), below; and
b. Temporary uses requiring a Temporary Use Permit. Temporary uses requiring a Temporary Use Permit are identified in 17.640.050 (Allowed Temporary Uses), below.
B. Special Events Permit Required. Special Event land uses shall not be established, operated, or conducted in any manner without the approval and maintenance of a valid Special Event Permit approved in compliance with this Chapter and Chapter 5.58 (Special Events).
17.640.040 — Exempt Temporary Uses
The following minor and limited duration temporary uses are exempt from the requirement for a Temporary Use Permit. Uses that do not fall within the categories defined below shall comply with 17.640.050 (Allowed Temporary Uses), below.
A. Construction yards — on-site.
1. On-site contractors' construction yard(s), in conjunction with an approved construction project on the same parcel.
2. One adult caretaker may be present during non-construction hours.
3. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion Building Permit, authorizing the construction project, whichever first occurs.
B. Emergency facilities. Emergency public health and safety needs/land use activities, as determined by the Council.
C. Publicly-owned property. Events that are to be conducted on publicly owned property and are sponsored by educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Internal Revenue Code.
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Packet Pg. 1674 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.640 TEMPORARY USE PERMITS
6-74 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17
17.640.050 — Allowed Temporary Uses
The following temporary uses are allowed, subject to the issuance of a Temporary Use Permit, and only when conducted in compliance with Section 17.640.090 (Conditions of Approval), below.
A. Car washes. Car washes, limited to one event each month for each sponsoring organization, not exceeding three days in length. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Internal Revenue Code.
B. Contractors’ construction yards — off-site. The permit may be effective for up to 12 months, or the expiration of the companion Building Permit, authorizing the construction project, whichever first occurs.
C. Events.
1. Amusement rides, arts and crafts exhibits, auctions, carnivals, circuses, concerts, fairs, farmer’s markets, festivals, flea markets, food events, outdoor entertainment/sporting events, rodeos, rummage sales, second-hand sales, and swap meets for 14 consecutive days or less, or six two-day weekends, within a 12-month period.
2. Outdoor display and sale events conducted by a retail business holding a valid Business License may be allowed a maximum of three outdoor sale events (excluding City sponsored activities [e.g., Cinco De Mayo or Potato Festival] each calendar year in compliance with the standards identified in Section 17.430.240 (Outdoor Displays and Sales). For purposes of this Subsection an outdoor sale event shall be no longer than four consecutive days in duration.
3. Outdoor gatherings/meetings and group activities for seven consecutive days or less, within a 12-month period.
4. Outdoor vehicle sales events conducted by established vehicle sales facilities for 30 consecutive days or less, within a 12-month period.
5. Seasonal sales (i.e., Halloween pumpkin sales and Christmas tree sale lots) only by businesses holding a valid Business License; provided, the activity may only be held from October 1st through October 31st, of the same year for the Halloween pumpkin sales, and from the day after Thanksgiving through December 26th, of the same year for Christmas tree sales.
D. On-location filming. The temporary use of a specified and approved on-location site for occasional commercial filming (e.g., commercials, movie(s), videos, etc.) on location
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Packet Pg. 1675 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) TEMPORARY USE PERMITS 17.640
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-75 in compliance with Government Code Section 65850.1. The Director shall find that the approval would not result in a frequency of use likely to create incompatibility between the temporary filming activity and the surrounding areas.
E. Storage during construction. Storage of equipment during construction activities for up to 12 months, or the expiration of the companion Building Permit, authorizing the construction project, whichever first occurs;
F. Temporary sales trailers.
1. A trailer may be used for temporary sales activities (e.g., model home sales, etc.).
2. A permit for temporary sales trailer(s) may be approved for up to 12 months.
G. Temporary structures. A temporary classroom, office, or similar portable structure, including a manufactured or mobile unit, may be approved, for a maximum time period of 12 months, as an accessory use or as the first phase of a development project, in the commercial and industrial zones.
H. Temporary work trailers.
1. A trailer or mobile home may be used as a temporary work site for employees of a business:
a. During construction or remodeling of a permanent commercial, industrial, or mixed-use structure, when a valid Building Permit is in force; or
b. Upon demonstration by the applicant that the temporary work site is a short-term necessity, while a permanent work site is being obtained.
2. A permit for temporary work trailer(s) may be approved for up to 12 months.
I. Other similar temporary uses. Similar temporary uses that, in the opinion of the Director, are compatible with the subject zone and surrounding land uses.
17.640.060 — Application Filing, Processing, and Review A. Temporary Use Permits.
1. Filing. An application for a Temporary Use Permit shall be filed with the Department in the following manner:
a. An application for a Temporary Use Permit shall be filed and processed in compliance with Chapter 17.600 (Permit Application Filing and Processing). The application shall include the information and materials
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Packet Pg. 1676 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.640 TEMPORARY USE PERMITS
6-76 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 specified in the Department handout for Temporary Use Permit applications, together with the required fee in compliance with the City’s Planning Fee Schedule.
b. The application shall be filed with the Department at least 30 days before the date that the proposed temporary use is scheduled to take place.
2. Evidence. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 17.640.080 (Findings and Decision), below.
3. Project review procedures. Following receipt of a completed application, the Director shall investigate the facts necessary for action consistent with the purpose of this Chapter.
4. Public hearing not required. A public hearing shall not be required for the Director’s decision on a Temporary Use Permit application.
B. Special Event Permits.
1. Filing. An application for a Special Event Permit shall be filed with the Department in the following manner:
a. An application for a Special Event Permit shall be filed and processed in compliance with Chapter 17.600 (Permit Application Filing and Processing). The application shall include the information and materials specified in the Department handout for Special Event Permit applications, together with the required fee in compliance with the City’s Planning Fee Schedule.
b. The application shall be filed with the Department at least 60 days before the date that the proposed Special Event is scheduled to take place.
2. Evidence. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 17.640.080 (Findings and Decision), below.
3. Project review procedures. Following receipt of a completed application, the Director shall investigate the facts necessary for action consistent with the purpose of this Chapter.
4. Public hearing not required. A public hearing shall not be required for the Director’s decision on a Temporary Use Permit application.
5. Insurance. The Director may require the Host Organization or Event Organizer to provide one or more of the following insurance along with an additional
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Packet Pg. 1677 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) TEMPORARY USE PERMITS 17.640
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-77 insured endorsement naming the City of San Jacinto, its officers, employees and agents’ as additional insured:
a. General Liability Insurance Certificate providing evidence of general liability insurance coverage in the minimum amount of $1,000,000 combined single limit, $2,000,000 aggregate.
b. $1,000,000 Auto Liability if the event includes any moving vehicles including golf carts.
c. $1,000,000 Liquor Liability if the event is selling alcohol. d. $1,000,000 Liquor Host if the event is distributing alcohol at no charge. e. All vendors participating in the event and service providers must provide insurance as well as all contracted services for the event i.e. Security services, rentals, traffic management, etc. This document must be submitted no later than fifteen (15) days prior to the event start date.
6. Additional Documents and Requirements. The Director may require the Host Organization or Event Organizer to provide any of the following:
a. A Security Plan setting forth the proposed security measures to be taken to protect the health, safety and welfare of the participants, spectators, bystanders and passersby. This plan may be reviewed by the San Jacinto Sherriff Department who may require alterations to the plan. Security measures may include but are not limited to the hiring of a private security or San Jacinto Sherriff Officers at the expense of the Event Organizer.
b. A copy of the Host Organization or Event Organizer Determination Letter, as issued by the Internal Revenue Service of the United States or State of California, if the application is made on behalf of any organization representing itself as a tax-exempt, non-profit and/or charitable organization.
c. A refundable Cleaning Deposit. Applicant agrees to pay any clean-up costs, in excess of the deposit, incurred by the City as a result of additional clean-up required to return the event location and surrounding area to its previous condition.
d. Notification of all residents and businesses that will be affected by street/sidewalk closures and/or amplified sound. Notification also includes the posting of official temporary “No Parking” signs on streets involved in closures for the event as required by the Director.
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Packet Pg. 1678 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.640 TEMPORARY USE PERMITS
6-78 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 e. A refundable Event Deposit. The deposit shall cover the anticipated cost to the City to provide support for the event, including, but not limited to, street closure, overtime, Sherriff Personnel, etc. as determined by the Director. The applicant shall be responsible for any costs, in excess of the deposit, incurred by the City as a result of the event.
C. Building Permits. All structures erected, constructed, placed or utilized in conjunction with a Temporary Use Permit or Special Event Permit shall be subject to the permit requirements of the California Building and Fire Codes.
17.640.070 — Director’s Review
The Director may approve a Temporary Use Permit, or Special Event Permit for a temporary use that would be operated in compliance with Section 17.640.090 (Conditions of Approval) below; or the Director may defer action and refer the application to the Commission for review and final decision.
17.640.080 — Findings and Decision
A. Director’s review. The Director shall review applications and approve, approve with conditions, or deny the Temporary Use Permit or Special Event Permit.
B. Required findings. The Director (or the Commission on a referral) may deny a Temporary Use Permit or Special Event application, if it first makes any of the following findings:
1. The operation of the requested temporary use at the location proposed and within the time period specified will jeopardize, endanger, or otherwise constitute a menace to the public convenience, health, safety, or general welfare;
2. The proposed parcel is not adequate in size and shape to accommodate the temporary use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the parcel;
3. The proposed parcel is not adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use will or could reasonably be expected to generate;
4. Adequate temporary parking to accommodate vehicular traffic to be generated by the temporary use will not be available either on-site or at alternate locations acceptable to the Director; and
5. The applicant does not agree in writing to comply with any and all of the conditions imposed by the review authority in the approval of the Temporary Use Permit or Special Event Permit.
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Packet Pg. 1679 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) TEMPORARY USE PERMITS 17.640
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-79
17.640.090 — Conditions of Approval
A. May impose conditions. In approving a Temporary Use Permit or Special Event Permit application, the Director (or the Commission on a referral) may impose conditions that are deemed reasonable and necessary to ensure that the permit would be in full compliance with the findings required by Section 17.640.080 (Findings and Decision), above.
B. Appropriate conditions. The conditions may address any pertinent factors affecting the operation of the temporary event, or use, and may include the following:
1. Fixed period of time. Unless otherwise stated in the permit, a provision for a fixed period of time not to exceed 30 days for a temporary use not occupying a structure, including promotional activities, or 12 months for all other temporary uses or structures, or for a shorter period of time as determined appropriate by the Director, unless granted an extension of time in compliance with Section
17.640.100 (Extensions for Temporary Use Permits), below;
2. Operating hours and days. Regulation of operating hours and days, including limitation of the duration of the temporary use, as identified in Subsection 1., above;
3. Temporary pedestrian and vehicular circulation. Provision for adequate temporary pedestrian and vehicular circulation, parking facilities (including vehicular ingress and egress), and public transportation, if applicable;
4. Regulation of nuisance factors. Regulation of nuisance factors including prevention of glare or direct illumination on adjacent parcels, dirt, dust, gases, heat, noise, odors, smoke, trash, and vibration;
5. Regulation of temporary structures. Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;
6. Sanitary and medical facilities. Provision for sanitary and medical facilities, as appropriate;
7. Waste collection, recycling, and/or disposal. Provision for solid, hazardous, and toxic waste collection, recycling, and/or disposal;
8. Police/security and safety measures. Provision for police/security and safety measures, as appropriate;
9. Signs. Regulation of signs;
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Packet Pg. 1680 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.640 TEMPORARY USE PERMITS
6-80 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17
10. Performance bond or other security. Submission of a performance bond or other security measures, in compliance with Section 17.660.070 (Performance Guarantee) and satisfactory to the Director, to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition, or better, as determined by the Director;
11. Compliance with applicable provisions. A requirement that the approval of the requested Temporary Use Permit or Special Event Permit is contingent upon compliance with applicable provisions of the Municipal Code and the successful approval of any/all required permits from any other department or governing agency; and
12. Other conditions. Other conditions that would ensure the operation of the proposed temporary use in an orderly and efficient manner, and in full compliance with the purpose of this Chapter.
17.640.100 — Extensions for Temporary Use Permits and Special Event Permits Time extensions for Temporary Use Permits may be granted in compliance with Section
17.660.090 (Time Extensions).
17.640.110 — Condition of Site Following Temporary Use
Each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall continue to be used in compliance with this Development Code.
17.640.120 — Post-Decision Procedures
The procedures and requirements in Chapter 17.660 (Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Administration) shall apply following the decision on a Temporary Use Permit application.
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Packet Pg. 1681 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) TRANSFER OF DEVELOPMENT RIGHTS 17.645
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-81 Chapter 17.645 — Transfer of Development Rights
Sections:
17.645.010 — Purpose
17.645.020 — Applicability
17.645.030 — General Requirements
17.645.040 — Application Filing, Processing, and Review
17.645.050 — Findings and Decision
17.645.060 — Conditions of Approval
17.645.070 — Post-Decision Procedures
17.645.010 — Purpose
This Chapter provides requirements for the transfer of development rights from one site to one or more other sites located within or proposed for annexation to the City.
17.645.020 — Applicability
A. Availability.
1. An existing agricultural use may be relocated to another site in the RE, RL and RR zones in compliance with the provisions of this Chapter and the following:
a. Relocated uses and structure shall cease operations prior to the initiation of use or activity on the relocated site;
b. Development on a transfer site shall comply with the development standards of the applicable zone; and
c. Opportunity to initiate this provision shall cease on December 8, 2017.
2. All other types of development.
B. Conditional Use Permit required.
1. A Conditional Use Permit shall be required to authorize the transfer of development rights in compliance with Chapter 17.605 (Conditional Use Permits and Minor Use Permits) and this Chapter.
2. The Council shall be the applicable review authority for Conditional Use Permits proposing the transfer of development rights in compliance with this Chapter.
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Packet Pg. 1682 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.645 TRANSFER OF DEVELOPMENT RIGHTS
6-82 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17
17.645.030 — General Requirements
A. Total gross floor area. The combined total gross floor area allowed on all of the sites involved in the transfer of development rights shall not exceed the combined total gross floor area allowed for the sites by the zone in which they are located.
B. Floor area for a donor site. The maximum gross floor area allowed on a donor site shall be reduced by the amount of the transfer of development intensity to the receiver site.
C. Nonconforming developments. Where a transfer of development intensity involves a parcel that does not conform to current development intensity limits, the nonconforming condition shall be eliminated and the total gross floor area following the transfer of development rights shall be as provided in Subsection A., above.
D. Traffic study. Depending upon the distance between sites involved in a transfer of development rights, a traffic study may be required by the Director in order to ensure against a net negative effect on the circulation system.
17.645.040 — Application Filing, Processing, and Review An application for a Conditional Use Permit shall be filed and processed in compliance with Chapter 17.600 (Permit Application Filing and Processing). The application shall include the information and materials specified in the Department handout for Conditional Use Permit and Minor Use Permit applications, together with the required fee in compliance with the City’s Planning Fee Schedule. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.645.050 (Findings and Decision), below.
17.645.050 — Findings and Decision
A. Commission’s action. Following a public hearing, the Commission shall forward a written recommendation, and findings and supporting documentation for the recommendation, to the Council whether to approve, conditionally approve, or disapprove the Conditional Use Permit application, based on the findings identified in Subparagraph C. (Required findings), below.
B. Council’s action. Upon receipt of the Commission's recommendation, the Council shall conduct a public hearing and either approve, conditionally approve, or disapprove the Conditional Use Permit application, based on the findings identified in Subparagraph C. (Required findings), below.
C. Required findings. When approving a Conditional Use Permit, the review authority shall first make all of the following findings in addition to those required under Chapter
17.605 (Conditional Use Permits and Minor Use Permits):
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Packet Pg. 1683 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) TRANSFER OF DEVELOPMENT RIGHTS 17.645
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-83
1. The reduced density/intensity on the donor site provides benefits to the City, for example;
a. The provision of extraordinary open space, public visual corridor(s), parking or other amenities;
b. Preservation of an historic building or property or natural landscapes; c. Improvement of the area’s scale and development character; d. Consolidation of parcels to achieve a better architectural design than could be achieved without parcel consolidation; and/or
e. Reduction of local vehicle trips and traffic congestion.
2. The transfer of development rights will result in a more efficient use of land for both sites;
3. The transfer of development rights will result in a net benefit to the aesthetics of both areas;
4. The increased development on the receiver site does not create abrupt changes in scale between the proposed development and development in the surrounding area;
5. The proposed uses on both sites are compatible with the surrounding area;
6. The increment of development transferred to the receiver site complements and is in scale with surrounding development and does not materially degrade the local circulation system or environmental quality;
7. The increased development on the receiver site will not result in significant impairment of public views; and
8. The receiver site is physically suitable for the development proposed taking into consideration site characteristics, including any slopes and sensitive resources.
17.645.060 — Conditions of Approval
A. Council may impose conditions. In approving a Conditional Use Permit, the Council may impose any conditions deemed reasonable and necessary to ensure that the approval will comply with the findings required by Section 17.645.050 (Findings and Decision), above.
B. Legally binding agreement required. Additionally, a covenant or other suitable, legally binding agreement subject to the approval of the City Attorney and Director shall be
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Packet Pg. 1684 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.645 TRANSFER OF DEVELOPMENT RIGHTS
6-84 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 recorded against the donor site ensuring that all of the above requirements will be met by the current and future property owners and their successor(s)-in-interest.
17.645.070 — Post-Decision Procedures
The procedures and requirements in Chapter 17.660 (Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Administration) shall apply following the decision on a Conditional Use Permit application authorizing a transfer of development rights in compliance with this Chapter.
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Packet Pg. 1685 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) VARIANCES AND MINOR VARIANCES 17.650
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-85 Chapter 17.650 — Variances and Minor Variances
Sections:
17.650.010 — Purpose
17.650.020 — Applicability
17.650.030 — Review Authority
17.650.040 — Application Filing, Processing, and Review
17.650.050 — Findings and Decision
17.650.060 — Disapproval of Minor Variance
17.650.070 — Precedents
17.650.080 — Burden of Proof
17.650.090 — Conditions of Approval
17.650.100 — Use of Property Before Final Action
17.650.110 — Post-Decision Procedures
17.650.010 — Purpose
A. The purpose of this Chapter is to ensure that:
1. Variances and Minor Variances are only approved when, because of special circumstances applicable to the property, the strict application of this Development Code denies the owner of the property privileges enjoyed by other property located nearby and in an identical zone; and
2. Conditions are applied that would ensure that the Variance or Minor Variance shall not constitute an approval of special privilege(s) inconsistent with the limitations upon other property in the vicinity and zone in which the subject property is located.
B. Does not extend to land uses.
1. The power to approve Variances and Minor Variances does not extend to land uses.
2. Flexibility in allowable land uses is provided in Chapter 17.605 (Conditional Use Permits and Minor Use Permits).
17.650.020 — Applicability
A. Minor Variances. The Director may approve a Minor Variance for only those items specified in Table 6-3 (Types of Minor Variances Allowed), below, and only after first making the findings specified in Section 17.650.050 (Findings and Decision), below.
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Packet Pg. 1686 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.650 VARIANCES AND MINOR VARIANCES
6-86 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Table 6-3
Types of Minor Variances Allowed
Types of Minor Variances Allowed
Maximum
Variance
1. Allowable height of a fence, hedge, or wall. An increase of the allowed maximum height of a fence, hedge, or wall located within a side or rear yard. Up to eight feet
2. Distances between structures. A decrease of the minimum required distances between detached accessory structures and main structures on the same site.
15 percent
3. Floor area ratio (FAR). An increase in the allowable floor area ratio. 10 percent
4. Impervious surface coverage. An increase of the maximum allowable impervious surface coverage. 10 percent
5. Parcel dimensions (e.g., area, depth, or width). A decrease in the minimum required parcel area, parcel depth, or parcel width. 15 percent
6. Parking and loading requirements. Reduction in the number of require offstreet parking and loading spaces and/or of off-street parking space design, layout, and landscape standards.
10 percent
7. Projections. An increase in the allowed projection of chimneys, eaves, fireplaces, landings, overhangs, stairways, and steps into any required front, side, or rear setbacks.
10 percent
8. Reduction of landscape standards. Reduction of required on-site landscaping standards. 15 percent
9. Setbacks. A decrease of the maximum required setback areas (e.g., front, rear, and side) for structures. 15 percent
10. Signs. Sign regulations (other than prohibited signs). 15 percent
11. Structure coverage. An increase of the maximum allowable structure coverage.
10 percent
12. Structure heights. An increase in the maximum allowed height of structures. 10 percent B. Variances. The Commission may approve a Variance that allows for an adjustment from any of the development standards required by this Development Code.
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Packet Pg. 1687 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) VARIANCES AND MINOR VARIANCES 17.650
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-87
17.650.030 — Review Authority
A. Responsibility. The applicable review authority shall approve or disapprove Variance and Minor Variance applications, and impose conditions deemed reasonable and necessary to preserve the public convenience, health, interest, safety, or welfare, and necessary to make the findings required by Section 17.650.050 (Findings and Decision) below.
B. Applicable authority. Variances and Minor Variances may be approved in compliance with the following:
1. Director. The Director may approve Minor Variances, or may defer action and refer the application to the Commission for review and final decision, in compliance with this Chapter and State law; and
2. Commission. The Commission may approve Variances in compliance with this Chapter and State law.
17.650.040 — Application Filing, Processing, and Review A. Filing. An application for a Variance or Minor Variance shall be filed and processed in compliance with Chapter 17.600 (Permit Application Filing and Processing). The application shall include the information and materials specified in the Department handout for Variance or Minor Variance applications, together with the required fee in compliance with the City’s Planning Fee Schedule. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.650.050 (Findings and Decision), below.
B. Project review procedures. Following receipt of a completed application, the Director shall investigate the facts necessary for action consistent with the purpose of this Chapter.
C. Notice and hearings.
1. Variances – public hearing required. A public hearing shall be required for the Commission’s decision on a Variance application.
a. Scheduling of hearing. The public hearing shall be scheduled once the Director has determined the application complete.
b. Giving of notice. Notice of the public hearing shall be given and the hearing shall be conducted in compliance with Chapter 17.710 (Public Hearings).
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Packet Pg. 1688 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.650 VARIANCES AND MINOR VARIANCES
6-88 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17
2. Minor Variances. A public hearing shall not be required for the Director’s decision on a Minor Variance application in compliance with Government Code Section 65901; however, the Director shall have the discretion to provide notice.
Letters from adjacent property owners may be submitted to support the request.
17.650.050 — Findings and Decision
A. Authorized actions. The Commission (Variance) or the Director (Minor Variance) shall record the decision in writing and shall recite the findings upon which the decision is based, in compliance with Government Code Section 65906 or as that section may be amended from time to time. The Director may defer action on a Minor Variance and refer the application to the Commission for review and final decision.
B. Required findings. The applicable review authority may approve a Variance or Minor Variance application, with or without conditions, only if it first makes all of the following findings.
1. General findings.
a. There are special circumstances applicable to the subject property (e.g., location, shape, size, surroundings, topography, or other physical features) that do not apply generally to other properties in the vicinity under an identical zoning classification;
b. Strict compliance with Development Code requirements would deprive the subject property of privileges enjoyed by other property in the vicinity and under an identical zoning classification;
c. Approving the Variance or Minor Variance would not constitute a grant of special privileges inconsistent with the limitations on other properties in the same vicinity and zone in which the subject property is situated; and
d. The requested Variance or Minor Variance would not allow a use or activity that is not otherwise expressly authorized by the regulations governing the subject parcel.
2. Findings for off-site parking Variance. The approval of a Variance to allow some or all of the parking spaces required for a nonresidential project to be located off-site, or to allow in-lieu fees or facilities instead of the required on-site parking spaces, shall require that the review authority first make both of the following findings in compliance with Government Code Section 65906.5, instead of those required by Subparagraph B.1. (General findings), above:
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Packet Pg. 1689 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) VARIANCES AND MINOR VARIANCES 17.650
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-89 a. The Variance will be an incentive to, and a benefit for, the nonresidential development; and
b. The Variance will facilitate access to the nonresidential development by patrons of public transit facilities, particularly guideway facilities.
17.650.060 — Disapproval of Minor Variance
The Director’s decision to disapprove a Minor Variance application shall not prohibit or affect the right of the applicant to file an application for a Variance in compliance with Subsection
17.650.020.B. (Variances), above.
17.650.070 — Precedents
Each application shall be reviewed on an individual case-by-case basis and the approval of a prior Variance or Minor Variance is not admissible evidence for the approval of a new Variance or Minor Variance.
17.650.080 — Burden of Proof
The burden of proof to establish the evidence in support of the findings, required by Section
17.650.050 (Findings and Decision), above, is the responsibility of the applicant.
17.650.090 — Conditions of Approval
In approving a Variance or Minor Variance application, the applicable review authority may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 17.650.050 (Findings and Decision), above.
17.650.100 — Use of Property Before Final Action
No permits or approvals shall be issued for any improvement involved in an application for a Variance or Minor Variance until and unless the same shall have become final, in compliance with Section 17.660.030 (Effective Dates of Permits).
17.650.110 — Post-Decision Procedures
The procedures and requirements in Chapter 17.660 (Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Administration) shall apply flowing the decision on a Variance or Minor Variance application.
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Packet Pg. 1690 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.655 ZONING CLEARANCES
6-90 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Chapter 17.655 — Zoning Clearances
Sections:
17.655.010 — Purpose
17.655.020 — Applicability
17.655.030 — Review Procedure
17.655.040 — Post-Decision Procedures
17.655.010 — Purpose
Zoning Clearance is an administrative procedure used by the City to verify that a proposed land use, improvement, or structure complies with the list of activities allowed in the applicable zone and the development standards applicable to the use, improvement, or structure.
17.655.020 — Applicability
Where Article 2 (Zones, Allowable Land Uses, and Zone Specific Standards) or another provision of this Development Code requires a Zoning Clearance as a prerequisite to establishing a land use, improvement, or structure, a Zoning Clearance shall be required in conjunction with Landscape and Irrigation Approval (see Chapter 17.325 – Water Efficient Landscape and Irrigation) at the time of the Director's review of any of the following:
A. Initiation of a land use. A Zoning Clearance shall be obtained before the initiation or commencement of any use of land not requiring the construction of a structure or improvement.
B. Change of use.
1. Whenever a use is proposed to be changed from a use for which a Zoning Clearance has been issued, whether or not the new use involves a new lessee, operator, or owner, a new Zoning Clearance shall be obtained.
2. A Zoning Clearance shall also be required even if the lessee, operator, or owner of the previous use did not file for or receive a Zoning Clearance.
C. Business License. A Zoning Clearance shall be obtained before the City issues a new or modified Business License.
D. Building Permit, Grading Permit, or other construction permit. A Zoning Clearance shall be obtained before the City issues a new or modified Building Permit, Grading Permit, or other construction-related permit required for the alteration, construction, modification, moving, or reconstruction of any structure.
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Packet Pg. 1691 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ZONING CLEARANCES 17.655
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-91 E. New paving or impervious surfaces not requiring a construction permit. A Zoning Clearance shall be obtained before installing asphalt, concrete, or other paving flatwork on the ground that would affect the impervious surface coverage or structure coverage standards specified in Tables 2-3 and 2-4 in Article 2 or Section 17.215305.035090 (Paving within Residential Front Setback Areas). (ord. 16-01, adopted April 5, 2016)
17.655.030 — Review Procedure
A. Director’s responsibility. The Director shall issue the Zoning Clearance after first determining that the request complies with all Development Code provisions applicable to the proposed use or structure.
B. Form of approval.
1. An approval may be in the form of a stamp, signature, or other official notation on approved plans, a letter to the applicant, or other certification, at the discretion of the Director.
2. The approval shall reference this Chapter.
17.655.040 — Post-Decision Procedures
The procedures and requirements in Chapter 17.660 (Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Administration) shall apply following the Director’s action on a Zoning Clearance.
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Packet Pg. 1692 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.660 IMPLEMENTATION, TIME LIMITS, AND EXTENSIONS
6-92 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Chapter 17.660 — Implementation, Time Limits, and Extensions Sections:
17.660.010 — Purpose
17.660.020 — Conformance to Approved Plans
17.660.030 — Effective Dates of Permits
17.660.040 — Acknowledgement and Acceptance of Conditions
17.660.050 — Applications Deemed Approved
17.660.060 — Permits to Run with the Land
17.660.070 — Performance Guarantees
17.660.080 — Expiration
17.660.090 — Time Extensions
17.660.100 — Changes to an Approved Project
17.660.110 — Resubmittals
17.660.120 — Covenants of Easements
17.660.010 — Purpose
This Chapter provides requirements for the implementation or "exercising" of the permits or approvals required by this Development Code, including time limits and procedures for approving extensions of time.
17.660.020 — Conformance to Approved Plans
A. Compliance. All work performed under a Building Permit, Encroachment Permit, Grading Permit, or Zoning Clearance for which project drawings and plans have received approval by the Director, Department staff, Development Review Committee, Commission, or Council shall be in compliance with the approved drawings and plans, and any conditions of approval imposed by the review authority.
B. Changes. Changes to an approved project shall be submitted and processed in compliance with Section 17.660.100 (Changes to an Approved Project), below.
17.660.030 — Effective Dates of Permits
A. Approvals, Permits, and Variances.
1. A Zoning Clearance and Commercial Marijuana Cultivation Planning Permit shall become effective immediately following its issuance.
2. A Conditional Use Permit, Home Occupation Permit, Minor Use Permit, Minor Variance, Planned Development Permit, Reasonable Accommodation, Site Plan and Design Review, Temporary Use Permit, or Variance shall become effective
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Packet Pg. 1693 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) IMPLEMENTATION, TIME LIMITS, AND EXTENSIONS 17.660
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-93 15 10 days following the actual date the decision was rendered by the applicable review authority.
B. Plans/Amendments.
1. Council actions to adopt or amend a development agreement, this Development Code, a specific plan, or the Zoning Map shall become effective on the 31st day following the date the ordinance is actually adopted by the Council. For example, an ordinance adopted on October 1st will actually be effective on November 1st, unless otherwise provided in the adopting ordinance.
2. Council actions to adopt or amend the General Plan shall become effective on the actual date the decision is rendered by the Council, unless otherwise provided in the adopting resolution.
C. Condition compliance review required. The applicant shall file a request for condition compliance review with the Department before issuance of any required Grading or Building Permits.
D. Issued on the effective date. Permits, certificates, and/or other approvals shall not be issued until the effective date, and then only if no appeal of the review authority's decision has been filed, in compliance with Chapter 17.715 (Appeals).
17.660.040 — Acknowledgement and Acceptance of Conditions A. Full understanding and acceptance. The applicant, upon receipt of the approved copy of the permit with attached conditions, shall execute an Acknowledgment and Acceptance of Conditions agreement with the City, certifying full understanding and acceptance of the final conditions of approval.
B. Signed and dated. The applicant shall return the Acknowledgment and Acceptance of Conditions agreement to the Department, properly signed and dated, within 30 days following the date of the Acknowledgement.
C. Appeal. If the applicant wishes to appeal any or all of the final conditions of approval, the applicant shall file an appeal within 15 days following the actual date the decision was rendered by the applicable review authority in compliance with Chapter 17.715 (Appeals).
17.660.050 — Applications Deemed Approved
A. Applicable provisions. Any application deemed approved by operation of law in compliance with Government Code Section 65956(b) shall be subject to all applicable provisions of this Development Code, which shall be fully satisfied by the applicant
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Packet Pg. 1694 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.660 IMPLEMENTATION, TIME LIMITS, AND EXTENSIONS
6-94 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 before a Building Permit is issued or a land use not requiring a Building Permit is exercised or established.
B. Public hearing. The application shall be deemed approved only if the application received proper notice in compliance with Chapter 17.710 (Public Hearings) and Government Code Section 65956(b).
17.660.060 — Permits to Run with the Land
A. Run with the land. A Conditional Use Permit, development agreement, Minor Use Permit, Minor Variance, Planned Development Permit, Site Plan and Design Review, Temporary Use Permit, transfer of development rights, or Variance approval that is approved in compliance with Chapter 17.600 (Permit Application Filing and Processing) shall be deemed to run with the land through any change of ownership of the subject site, from the effective date of the permit, except in any case where a permit expires and becomes void in compliance with Section 17.660.080 (Expiration), below.
B. Conditions shall apply. All applicable conditions of approval shall continue to apply after a change in property ownership.
17.660.070 — Performance Guarantees
A. Deposit of security.
1. As a condition of approval of a Conditional Use Permit, Home Occupation Permit, Minor Use Permit, Minor Variance, Planned Development Permit, Site Plan and Design Review, Temporary Use Permit, or Variance, upon a finding that the City's health, safety, and welfare warrant, the review authority may require the execution of a covenant to deposit security and the deposit of security in a reasonable amount and form approved by the City Manager or the City Manager’s designee to ensure the faithful performance of one or more of the conditions of approval of the permit or Variance in the event that the obligor fails to perform.
2. The applicant/owner may offer to provide adequate security for the faithful performance of a condition(s) of approval imposed as part of the approval process if the Director determines that the condition(s) may be implemented at a later specified date (e.g., inability to install required landscaping due to weather conditions).
3. The security shall, as required by law or otherwise at the option of the City Manager or the City Manager’s designee, be in the form of cash deposit or a certified or cashier's check.
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Packet Pg. 1695 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) IMPLEMENTATION, TIME LIMITS, AND EXTENSIONS 17.660
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-95
4. The security shall remain in effect until all of the secured conditions have been performed to the satisfaction of the Director in conjunction with the City Engineer.
5. Security required in compliance with this Section shall be payable to the City.
B. Release of security. Upon satisfactory compliance with all applicable provisions of this Section, the security deposit shall be released.
C. Failure to comply.
1. Upon failure to perform any secured condition, the City may perform the condition, or cause it to be done, and may collect from the obligor all costs incurred, including administrative, engineering, legal, and inspection costs.
2. Any unused portion of the security shall be refunded to the obligor after deduction of the cost of the work.
3. Any cost in excess of the security shall be an obligation of the applicant/owner and a lien on the property benefitted by the provisions of this Section.
4. To the extent that the Director can demonstrate that the obligor willfully breached an obligation in a manner that the obligor knew, or should have known, would create irreparable harm to the City, the entire amount of the security may be withheld.
5. The Director's determination may be appealed to the Council by the obligor by filing an appeal with the City Clerk within 15 days after the decision to withhold the security, in compliance with Chapter 17.715 (Appeals).
17.660.080 — Expiration
A. Expiration of permit or approval. Unless otherwise specified in the permit or approval, any discretionary permit issued by the City, including, without limitation, any Conditional Use Permit, Home Occupation Permit, Minor Use Permit, Minor Variance, Planned Development Permit, Site Plan and Design Review, Temporary Use Permit, or Variance, shall comply with the following expiration provisions:
1. Exercised.
a. To ensure continued compliance with the provisions of this Development Code, the permit or approval shall be exercised by the applicant within 24 36 months following the date of final approval, unless otherwise specified in the permit or approval, or an extension is approved by the applicable review authority, in compliance with Section 17.660.090 (Time
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Packet Pg. 1696 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.660 IMPLEMENTATION, TIME LIMITS, AND EXTENSIONS
6-96 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Extensions). In the event the permit or approval has not been fully exercised in that time period, the permit or approval shall be subject to review by the review authority who originally granted the permit or approval to determine whether a good faith intent to exercise the permit or approval has been demonstrated.
b. Additionally, if after construction has started, commencement work is discontinued for a period of 24 months, or the proposed use is discontinued for a period of 24 months, the permit or approval shall be subject to review by the review authority who originally granted the permit or approval to determine whether a good faith intent to commence the contemplated use or development granted by the permit or approval has been demonstrated.
2. Phasing.
a. Where the permit or approval provides for development in two or more phases or units in sequence, the permit or approval shall not be approved until the review authority has approved the final phasing plan for the entire project site. The project applicant shall not be allowed to develop one phase in compliance with the preexisting base zone and then develop the remaining phases in compliance with this Chapter, without prior review authority approval.
b. Pre-approved phases.
(1) If a project is to be built in pre-approved phases, each subsequent phase shall have 3624 months following the previous phase's date of construction commencement to the next phase's date of construction commencement to have occurred, unless otherwise specified in the permit or approval, or the permit or approval shall be subject to review by the review authority who originally granted the permit or approval to determine whether a good faith intent to commence the contemplated use or development granted by the permit or approval exists.
(2) If the application for the permit or approval also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the permit or approval shall be exercised before the expiration of the associated tentative map.
3. Definition of “exercise” and evidence of “Good Faith”. The following shall be a non-exclusive list of factors that the review authority may consider when determining whether or not a good faith intent to exercise the permit or approval has been demonstrated:
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Packet Pg. 1697 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) IMPLEMENTATION, TIME LIMITS, AND EXTENSIONS 17.660
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-97 a. Whether the applicant has obtained a Building Permit. b. Whether the applicant has obtained a Grading Permit. c. Whether the applicant has diligently continued the approved grading and construction activities in a timely manner in compliance with the subject Building Permit.
d. Whether the applicant has actually implemented the allowed land use, in its entirety, on the subject property in compliance with the conditions of approval.
4. Procedure for determination.
a. The determination of whether or not a good faith intent to exercise the permit or approval has been demonstrated, as specified in Subparagraph
3., above, shall be made by the original review authority following a public hearing noticed and conducted in compliance with Chapter 17.710 (Public Hearings).
b. At the public hearing, the original review authority shall investigate the facts bearing on each case and render its decision in writing within 40 days after the date of the first hearing, unless continued for further investigation, study, or hearing.
c. The original review authority shall cause to be served on the applicant, and if different, the property owner, its written decision, in compliance with Section 17.710.060 (Decision and Notice).
d. The decision of the original review authority shall be final following a 10 day appeal period, unless appealed to the applicable review authority in compliance with Chapter 17.715 (Appeals).
5. Burden of Proof. It shall be the applicant’s burden to prove to the original review authority, by a preponderance of the evidence, that, no later than the date that the City delivered the public notice required by Chapter 17.710 (Public Hearings), a good faith intent to exercise the permit or approval has been demonstrated.
B. Effect of expiration. If the review authority who originally granted the permit or approval determines that a good faith intent to exercise the permit or approval has not been demonstrated, the review authority shall determine that the permit or approval has expired. Thereafter, the following provisions shall control:
1. No further action is required by the City;
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Packet Pg. 1698 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.660 IMPLEMENTATION, TIME LIMITS, AND EXTENSIONS
6-98 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17
2. No further reliance may be placed on the previously approved permit or approval;
3. The applicant shall have no rights previously granted under the permit or approval;
4. The applicant shall be required to file a new application(s) and obtain all required approvals before any further construction can commence or any use may be implemented; and
5. Any security provided by the applicant under the previously approved permit or approval may be utilized by the City to provide suitable protection from any harm that may result from the terminated development or use.
17.660.090 — Time Extensions
Requests for a time extension for a permit or approval shall be filed and processed in the following manner:
A. Before expiration. The applicant’s written request for an extension of time shall be on file with the Department before expiration of the permit or approval, together with the filing fee required by the City’s Planning Fee Schedule.
B. Public hearing not required.
1. A public hearing shall not be required for the applicable review authority’s decision on an extension of time.
2. However, the applicable review authority may conduct a public hearing in compliance with Chapter 17.710 (Public Hearings) if deemed appropriate by the review authority.
C. Suspension of expiration.
1. The filing of a written extension request shall suspend the actual expiration of the permit or approval until the extension request has been acted upon by the Director, Commission, and/or Council.
2. Building or Grading Permits shall not be issued in compliance with the permit or approval during the period of the suspension.
D. Director’s action on extension.
1. Upon good cause shown, an extension may be approved, approved with modifications, or disapproved by the Director, subject to the findings as identified in Subsection F. (Required findings), below.
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Packet Pg. 1699 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) IMPLEMENTATION, TIME LIMITS, AND EXTENSIONS 17.660
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-99
2. The Director may defer action and refer the request to the Commission for consideration and final action.
3. The Director’s decision may be appealed to the Commission, in compliance with Chapter 17.715 (Appeals).
4. The permit or approval may be extended for a maximum of 12-36months beyond the expiration date of the original approval, unless otherwise allowed by State law.
E. Commission’s action on extension.
1. If an action is deferred to the Commission, Upon good cause shown, an extension may be approved, approved with modifications, or disapproved by the Commission., subject to the findings as identified in Subsection F. (Required findings), below.Disapproved extensions are subject to the findings identified in Subsection F.
2. The Commission’s decision may be appealed to the Council, in compliance with Chapter 17.715 (Appeals).
3. The permit or approval may be extended for a maximum of 36 months beyond the expiration date of the original approval, unless otherwise allowed by State law.
The permit or approval may be extended for one additional 12-month period, unless otherwise allowed by State law, following the expiration of the original 24-month period of approval, for a grand total of 48 months following the original date of approval (original 24 months, plus 12 months by the Director, and 12 more months by the Commission).
F. Required findings. An extension of the permit or approval may be deniedgranted only if the applicable review authority first makes all of the following findings:
1. There have been no changes in circumstances or law that would preclude the review authority from making the findings upon which the original approval was based.; and
2. Appropriate evidence has been provided by the applicant to document that:
a. A good faith intent to exercise the permit or approval has been demonstrated; and b. The extension is required due to an unusual hardship that was not the result of personal action(s) undertaken by the applicant.
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Packet Pg. 1700 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.660 IMPLEMENTATION, TIME LIMITS, AND EXTENSIONS
6-100 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17
17.660.100 — Changes to an Approved Project
A. Application.
1. A development or new land use allowed through a Conditional Use Permit, Home Occupation Permit, Minor Use Permit, Minor Variance, Planned Development Permit, Site Plan and Design Review, Temporary Use Permit, or Variance shall be in substantial compliance with the approved drawings and plans, and any conditions of approval imposed by the review authority, except where changes to the project are approved in compliance with this Section.
2. An applicant shall request desired changes in writing to the Director, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request.
3. Requested changes may involve changes to the project (e.g., hours of operation, expansion of a use, etc.) as originally proposed by the applicant or approved by the review authority.
4. Requested changes may also involve changes to one or more conditions imposed by the review authority, but only when actual changes to the project would justify a change to one or more conditions of approval (e.g., reduction in the area of a use would result in a reduction in anticipated traffic, thereby possibly reducing the traffic related conditions).
5. Changes shall not be implemented until first approved by the applicable review authority in compliance with this Section, and may be requested either before or after construction or establishment and operation of the approved use.
B. Notice and hearing. If the project application originally required a noticed public hearing, the review authority shall hold a public hearing, except for the minor changes outlined below (See Subsection C.), and shall give notice, in compliance with Chapter
17.710 (Public Hearings).
C. Minor changes by Director. The Director may authorize minor changes to an approved site plan, architecture, or the nature of the approved use only if the changes:
1. Are consistent with all applicable provisions of this Development Code and are in substantial compliance with the original approval; and
2. Do not involve a feature of the project that was:
a. A basis for findings in a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report for the project, or determining that the project was exempt from CEQA review;
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Packet Pg. 1701 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) IMPLEMENTATION, TIME LIMITS, AND EXTENSIONS 17.660
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-101 b. A basis for conditions of approval for the project; or c. A specific consideration by the review authority (e.g., the Director, Commission, or Council) in granting the permit or approval.
D. Major changes. Major changes include changes to the project involving features specifically described in Subparagraph C. 2., above, and shall only be approved by the review authority (e.g., original, appeal, or call for review authority that rendered the final City action on the application) through a new application, processed in compliance with this Development Code.
17.660.110 — Resubmittals
A. Resubmittal after disapproval with prejudice. The review authority may disapprove a discretionary permit or amendment, on the ground that a similar application for the same site has been disapproved in the past two years, or other time period as the previous review authority may have specifically stated in its disapproval (also known as disapproval with prejudice).
B. Exception to Subsection A., above. The review authority may allow exception to Subsection A., above, based on one or more of the following findings:
1. New evidence material to a revised decision will be presented that was unavailable or unknown to the applicant at the previous hearing(s) and that could not have been discovered in the exercise of reasonable diligence by the applicant.
2. There has been a substantial and permanent change of circumstances since the previous hearing(s), which materially affects the applicant's real property.
3. A mistake was made at the previous hearing(s) that was a material factor in the disapproval(s) of the previous application.
C. Resubmittal after disapproval without prejudice. There shall be no limitation on subsequent applications for a site where a project was disapproved without prejudice.
17.660.120 — Covenants of Easements
A. Applicability. When necessary to achieve the land use goals of the City, the City may require a property owner holding property in common ownership to execute and record a Covenant of Easement in favor of the City, in compliance with Government Code Sections 65870 et seq.
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Packet Pg. 1702 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.660 IMPLEMENTATION, TIME LIMITS, AND EXTENSIONS
6-102 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17
1. Required provisions. A Covenant of Easement may be required to provide for emergency access, ingress and egress, landscaping, light and air access, open space, parking, reciprocal access, or for solar access.
2. Condition of approval. The Covenant of Easement may be imposed as a condition of approval by the applicable review authority.
B. Definitions. For purposes of this Section, the following words, terms, and phrases, when used in this Section, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
1. Easement. An easement is usually for the benefit of one or more individuals, and it is actually an interest in land that belongs to someone else and creates an encumbrance on that land. It is created by grant of easement and accompanied by a legal description and plat of the easement.
2. Irrevocable offer of dedication. This is an actual offer of dedication for future right-of-way which cannot be revoked by the grantor. The offer is recorded, but does not go into effect until the Council authorizes and accepts the right-of-way.
The exhibits used are the same as for any other dedication, a legal description and a plat showing its location.
3. Partial Reconveyance. If a landowner has a loan against the subject property, there is a first deed of trust on the property. The City requires that all property purchased from a property owner be free and clear of all encumbrances. This requires a release from the lender for that portion of the property the City is acquiring. This is called a Partial Reconveyance.
4. Reciprocal Access Easement. This is an agreement between parties owning adjacent properties. This allows all owners of property that have entered into this agreement the right to cross over the others property. This instrument is used for ingress and egress, parking, sanitary sewer, water and storm drainage across, over, or under each property for the benefit of each party.
5. Right-of-entry. Gives the City the right to enter across, over, under, or upon the grantor's property and is usually used to allow construction to proceed before right-of-way being acquired.
C. Form of covenant. The form of the Covenant shall be approved by the City Attorney, and the Covenant of Easement shall:
1. Describe property. Describe the real property subject to (i.e., burdened by) the easement;
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Packet Pg. 1703 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) IMPLEMENTATION, TIME LIMITS, AND EXTENSIONS 17.660
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 6-103
2. Describe property to be benefited. Describe the real property to be benefited by the easement;
3. Planning permit. Identify the City approval or planning permit approved that relied on or required the Covenant; and
4. Purpose of easement. Identify the purpose(s) of the easement.
D. Recordation. The Covenant of Easement shall be recorded in the County Recorder’s Office.
E. Effect of covenant. From and after the time of its recordation, the Covenant of Easement shall:
1. Act as an easement. Act as an easement in compliance with Chapter 3 (commencing with Section 801) of Title 2 of Part 2 of Division 2 of the Civil Code, except that it shall not merge into any other interest in the real property. Civil Code Section 1104 shall be applicable to the conveyance of the affected real property; and
2. Impart notice. Impart notice to all persons to the extent afforded by the recording laws of the State. Upon recordation, the burdens of the Covenant shall be binding on, and the Covenant shall benefit, all successors-in-interest to the real property.
F. Enforceability of covenant. The Covenant of Easement shall be enforceable by the successors-in-interest to the real property burdened or benefited by the Covenant and the City. Nothing in this Section creates standing in any person, other than the City, and any owner of the real property burdened or benefited by the Covenant, to enforce or to challenge the Covenant or any requested amendment or release.
G. Release of covenant. The release of the Covenant of Easement may be affected by the Director, or under an appeal, only following a noticed public hearing in compliance with Chapter 17.710 (Public Hearings).
1. May be released by City. The Covenant of Easement may be released by the City, at the request of any person, including the City or an affected property owner, on a finding that the Covenant, on the subject property, is no longer necessary to achieve the land use goals of the City.
2. Recordation of notice. A notice of the release of the Covenant of Easement shall be recorded by the Director with the County Recorder's Office.
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Packet Pg. 1704 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.660 IMPLEMENTATION, TIME LIMITS, AND EXTENSIONS
6-104 DECEMBER 2012 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 H. Fees. The City shall impose fees to recover the City's reasonable cost of processing a request for a release. Fees for the processing shall be established by the City’s Planning Fee Schedule.
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Packet Pg. 1705 Attachment: B.7 - Exhibit G Article 6 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ARTICLE 7 ADMINISTRATION
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-1 Article 7
Administration
Table of Contents
Page
Chapter 17.700 — Administrative Responsibility ...........................................................................7-3
17.700.010 – Purpose ......................................................................................................................7-3
17.700.020 – Planning Agency Defined .......................................................................................7-3
17.700.030 – City Council...............................................................................................................7-3
17.700.040 – Planning Commission..............................................................................................7-4
17.700.050 – Planning Director......................................................................................................7-4 Chapter 17.705 — Nonconforming Parcels, Structures, and Uses.................................................7-6
17.705.010 – Purpose and Intent ...................................................................................................7-6
17.705.020 – Definitions .................................................................................................................7-7
17.705.030 – Time of Beginning of Nonconformity....................................................................7-7
17.705.040 – Proof of Legal Nonconformity................................................................................7-8
17.705.050 – Restrictions on Nonconforming Uses and Structures .........................................7-8
17.705.060 – Residential Exemptions .........................................................................................7-11
17.705.070 – Loss of Nonconforming Status .............................................................................7-12
17.705.080 – Nonconforming Parcels and Merger of Parcels .................................................7-16
17.705.090 – Effect of Conditional/Minor Use Permit Requirements ....................................7-17
17.705.100 – Nonconforming Service Stations / Gas Stations .................................................7-17
17.705.110 – Nonconforming Parking........................................................................................7-17
17.705.120 – Nonconforming Adjustments ...............................................................................7-18 Chapter 17.710 — Public Noticing and Hearings...........................................................................7-19
17.710.010 – Purpose ....................................................................................................................7-19
17.710.020 – Noticing for Director Approvals ..........................................................................7-19
17.710.030 – Notice of Hearing ...................................................................................................7-21
17.710.040 – Hearing Procedure .................................................................................................7-23
17.710.050 – Recommendation by Commission .......................................................................7-23
17.710.060 – Decision and Notice ...............................................................................................7-24
17.710.070 – Effective Date of Decision......................................................................................7-25 Chapter 17.715 — Appeals..................................................................................................................7-26
17.715.010 – Purpose ....................................................................................................................7-26
17.715.020 – Appeal Subjects and Jurisdiction..........................................................................7-26
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Packet Pg. 1706 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ADMINISTRATION ARTICLE 7
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-2
17.715.030 – Calls for Review......................................................................................................7-26
17.715.040 – Filing and Processing of Appeals .........................................................................7-28
17.715.050 – Judicial Review .......................................................................................................7-31 Chapter 17.720 — Amendments ........................................................................................................7-32
17.720.010 – Purpose ....................................................................................................................7-32
17.720.020 – Initiation of Amendment.......................................................................................7-32
17.720.030 – Processing, Notice, and Hearings.........................................................................7-32
17.720.040 – Commission's Action on Amendment.................................................................7-34
17.720.050 – Council's Action on Amendment.........................................................................7-35
17.720.060 – Findings and Decision............................................................................................7-36
17.720.070 – Prezoning – Annexations.......................................................................................7-37
17.720.080 – Effective Dates.........................................................................................................7-37 Chapter 17.725 — Enforcement Provisions .....................................................................................7-39
17.725.010 – Purpose ....................................................................................................................7-39
17.725.020 – Permits and Licenses..............................................................................................7-39
17.725.030 – Enforcement Responsibility ..................................................................................7-39
17.725.040 – Violations .................................................................................................................7-40
17.725.050 – Remedies are Cumulative .....................................................................................7-41
17.725.060 – Inspections...............................................................................................................7-41
17.725.070 – Revocation or Modifications .................................................................................7-42
17.725.080 – Initial Enforcement Action ....................................................................................7-43
17.725.090 – Legal Remedies .......................................................................................................7-45
17.725.100 – Recovery of Costs ...................................................................................................7-46
17.725.110 – Additional Permit Processing Fees ......................................................................7-48
17.725.120 – Reinspection Fees....................................................................................................7-48 List of Tables
Page
Table 7-1 Amortization Schedule ................................................................................................7-15
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Packet Pg. 1707 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ADMINISTRATIVE RESPONSIBILITY 17.700
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-3 Chapter 17.700 — Administrative Responsibility
Sections:
17.700.010 – Purpose
17.700.020 – Planning Agency Defined
17.700.030 – City Council
17.700.040 – Planning Commission
17.700.050 – Planning Director
17.700.010 – Purpose
The purpose of this Chapter is to describe the authority and responsibilities of the Council, Commission, Director, Development Review Committee, Department, and Department staff in the administration of this Development Code.
17.700.020 – Planning Agency Defined
As provided by State law, the Commission is designated as the Planning Agency and as the Advisory Agency, when required or authorized. The Director shall perform the functions of an Advisory Agency, as assigned, in compliance with State Law.
17.700.030 – City Council
The City Council, referred to in this Development Code as the Council, in matters related to the City's planning process shall perform the duties and functions prescribed in this Development Code, which include the following:
A. Review authority on specified planning matters. Final decisions on development agreements, Development Code amendments, General Plan amendments, specific plans and amendments, Zoning Map amendments, environmental documents related to any of the forgoing, and other applicable policy or Development Code matters related to the City's planning process;
B. Appeals. The review of appeals filed from Commission decisions; and C. Compliance. The above listed functions shall be performed in compliance with Table 6- 1 (Review Authority), Article 6, and the California Environmental Quality Act (CEQA).
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Packet Pg. 1708 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.700 ADMINISTRATIVE RESPONSIBILITY
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-4
17.700.040 – Planning Commission
A. Establishment. The Planning Commission, referred to in this Development Code as the Commission, is hereby established.
B. Appointment. The Commission shall consist of five members who shall be appointed by the Council in compliance with Municipal Code Chapter 2.32 (Planning Commission).
C. Duties and authority. The Commission shall perform the duties and functions prescribed by this Development Code, and the Council may, from time to time by resolution, prescribe additional powers and duties not inconsistent with State Law, including the following:
1. The review of development projects, including referrals from the Director;
2. The review of appeals from the Director’s decisions;
3. The recommendation, to the Council for final decisions, on development agreements, Development Code amendments, General Plan amendments, specific plans and amendments, Zoning Map amendments, environmental documents related to any of the forgoing, and other applicable policy or regulatory matters related to the City's planning process; and
4. The above listed functions shall be performed in compliance with Table 6-1 (Review Authority), Article 6 (Permit Procedures), and the California Environmental Quality Act (CEQA).
D. Meeting rules. The Commission shall conduct public hearings and meetings in compliance with the Municipal Code and Chapter 17.710 (Public Hearings).
17.700.050 – Planning Director
A. Appointment. The Planning Director, referred to in this Development Code as the Director, shall be appointed by the City Manager in compliance with Municipal Code Section 2.12.060 (Powers and Duties Generally).
B. Definition of the term "Director." When used in this Development Code or any permit or condition approved in compliance with this Development Code, the term "Director" shall be as follows and as defined in Article 8 (Definitions): "The Planning Director, referred to in this Development Code as the ‘Director’ or designee(s) of the Director."
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Packet Pg. 1709 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ADMINISTRATIVE RESPONSIBILITY 17.700
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-5 C. Duties and authority. The Director shall:
1. Have the responsibility to perform all of the functions designated by State law, including, but not limited to the following:
a. Annual report related to implementation of the General Plan in compliance with Government Code Section 65400;
b. Review of public works projects for conformity to the General Plan in compliance with Government Code Section 65401; and
c. Review of acquisition of property for conformity to the General Plan in compliance with Government Code Section 65402.
2. Perform the duties and functions prescribed in this Development Code, including the review of administrative development projects, in compliance with Table 6-1 (Review Authority), Article 6 (Permit Procedures), Government Code Section 65901 et seq., and the California Environmental Quality Act (CEQA);
3. Perform other responsibilities assigned by the Council, Commission, or City Manager;
4. Delegate the responsibilities of the Director to Department staff under the supervision of the Director; and
5. Serve in an advisory capacity for proposed subdivisions, in compliance with Subdivision Map Act Section 66415 et seq. In this capacity, the Director is charged with the responsibility of making investigations and reports on the design and improvement of proposed divisions of real property. — This area intentionally left blank —
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Packet Pg. 1710 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.705 NONCONFORMING PARCELS, STRUCTURES, AND USES
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-6 Chapter 17.705 — Nonconforming Parcels, Structures, and Uses Sections:
17.705.010 – Purpose and Intent
17.705.020 – Definitions
17.705.030 – Time of Beginning of Nonconformity
17.705.040 – Proof of Legal Nonconformity
17.705.050 – Restrictions on Nonconforming Uses and Structures
17.705.060 – Residential Exemptions
17.705.070 – Loss of Nonconforming Status
17.705.080 – Nonconforming Parcels and Merger of Parcels
17.705.090 – Effect of Conditional/Minor Use Permit Requirements
17.705.100 – Nonconforming Service Stations / Gas Stations
17.705.110 – Nonconforming Parking
17.705.120 – Nonconforming Adjustments
17.705.010 – Purpose and Intent
A. Purpose. This Chapter provides regulations for nonconforming land uses, structures, and parcels that were lawful before the adoption, or amendment of this Development Code, but which would be prohibited, regulated, or restricted differently under the current terms of this Development Code or an amendment that changed applicable requirements.
B. Intent.
1. In order to limit the number and extent of nonconforming uses, structures, parcels, parking, signs, and characteristics of use created by adoption of this Development Code, it is the City's intent to generally allow nonconformities to continue until they are removed, but not to encourage their survival.
2. It is further the intent of this Chapter that nonconformities shall not be altered, enlarged, expanded, extended, moved, reestablished, or changed to another nonconforming use after abandonment or discontinuance or restored after involuntary destruction, except in compliance with this Chapter.
3. The eventual intent is that nonconformities, including certain classes of nonconforming uses, nonconforming structures of nominal value, and certain uses not meeting screening, performance, or parking standards, are altered to conform.
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Packet Pg. 1711 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) NONCONFORMING PARCELS, STRUCTURES, AND USES 17.705
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-7
4. This Chapter shall not apply to any use or structure established in violation of the previously adopted Zoning Ordinance for the City, unless the use or structure presently conforms with the provisions of this Development Code.
17.705.020 – Definitions
A. Cessation or discontinuance. Cessation or discontinuance of a nonconforming use shall be defined as an abandonment of the use, irrespective of the owner's or occupant's intent.
B. Illegal nonconformity. A parcel, sign, structure, or use that was illegally constructed, created, installed, or initiated without proper City issued permits or approvals, does not comply with the provisions of the previous Zoning Ordinance or this Development Code, and is not eligible for any of the protections provided by this Chapter.
C. Nonconforming parcel. A parcel that was legally created before the effective date of this Development Code or amendment, and does not comply with the minimum area, depth, width, or other applicable requirements of this Development Code.
D. Nonconforming sign. A sign that legally existed before the effective date of this Development Code or amendment, and does not comply with the minimum sign regulations of this Development Code.
E. Nonconforming structure. A structure that legally existed before the effective date of this Development Code or amendment, and does not conform to the present requirements of the zone in which it is located.
F. Nonconforming use. A use of land and/or a structure (either conforming or nonconforming) that legally existed before the effective date of this Development Code or amendment, but which is no longer allowed in the zone in which it is located.
G. Nonconformity upon annexation. A parcel, sign, structure, or use that legally existed in the unincorporated territory and after annexation does not comply with the provisions of this Development Code.
17.705.030 – Time of Beginning of Nonconformity
A. Development Code or previous Zoning Ordinance. The effective date of this Development Code or previous Zoning Ordinance shall determine the time of beginning for all existing nonconformities.
B. Zoning Map amendments. The effective date of Zoning Map amendments and related boundary adjustments shall determine the time of beginning of a nonconforming use, structure, or nonconformity with screening, performance, or parking standards.
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Packet Pg. 1712 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.705 NONCONFORMING PARCELS, STRUCTURES, AND USES
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-8 C. Annexations. The effective date of an annexation shall determine the time of beginning for a nonconformity in a newly annexed area.
17.705.040 – Proof of Legal Nonconformity
The property owner has the burden to prove the claim of legal nonconformity and the related protected status that comes with that claim as specified in this Chapter.
A. Property owner’s responsibility. The property owner shall provide sufficient evidence to the satisfaction of the Director that the subject property or use is a legal nonconformity as specified in this Chapter.
B. City is not responsible. The City is not responsible to prove the absence of legal nonconformity.
C. Director’s determination.
1. The process begins with the property owner submitting sufficient written evidence to the Director justifying that the nonconformity is legal and subject to the protected status specified in this Chapter.
2. The Director shall conduct an administrative hearing on the matter and provide notice of the hearing to the property owner in compliance with Chapter 17.710 (Public Hearings).
3. The property owner shall have the opportunity to appear before the Director and provide oral testimony justifying that the nonconformity is legal and subject to the protected status specified in this Chapter.
4. The Director shall consider the evidence and make a determination as to the legality of the nonconformity and the available protections provided by this Chapter.
5. The Director’s determination of legal nonconformity shall be appealable in compliance with Chapter 17.715 (Appeals).
17.705.050 – Restrictions on Nonconforming Uses and Structures A legal nonconforming land use and the use of a legal nonconforming structure, as those terms are defined in Section 17.705.020 (Definitions), above, may be continued, including transfers of ownership; provided that their continuation shall comply with the requirements of this Section.
See Section 17.705.060 (Residential Exemptions), below for exceptions regarding certain residential uses and structures.
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Packet Pg. 1713 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) NONCONFORMING PARCELS, STRUCTURES, AND USES 17.705
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-9 A. Nonconforming uses. The continuance of a legal nonconforming use shall be allowed subject to the following provisions:
1. Change of ownership. Change of management, ownership, or tenancy of a nonconforming use shall not affect its nonconforming status; provided, the use and intensity of use, as determined by the Director, does not change.
2. Additional development. Additional development of any property on which a nonconforming use exists shall require that all new uses be in compliance with the applicable provisions of this Development Code.
3. Conversion of a nonconforming use. If a nonconforming use is converted to a conforming use, no nonconforming use may be resumed.
4. Changes to a nonconforming use. A nonconforming use shall not be established or replaced by another nonconforming use, nor shall any nonconforming use be expanded or changed, except as provided in Section 17.705.120 (Nonconforming Adjustments), below.
5. Nonconforming uses within a commercial or industrial development. A nonconforming use located within a commercial or industrial development may be established or replaced by another similar nonconforming use only after the Director first finds all of the following:
a. The nonconforming use is similar to or less intensive than the use originally allowed in the development;
b. The nonconforming use generally adheres to the intent of the General Plan and any applicable specific plan;
c. The nonconforming use will not adversely affect or be materially detrimental to adjoining properties; and
d. The use of the entire development has not been ceased or discontinued for a period of 180 or more consecutive days.
B. Nonconforming structures. A legal nonconforming structure may be maintained in compliance with the following.
1. Ordinary maintenance and repairs. A nonconforming structure may undergo ordinary maintenance and repairs.
2. Involuntary damage to a nonconforming structure. A nonconforming structure that is involuntarily damaged to an extent of 50 percent or more of its appraised value of the structure immediately before the damage may be restored only if
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Packet Pg. 1714 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.705 NONCONFORMING PARCELS, STRUCTURES, AND USES
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-10 made to conform to all applicable provisions of this Development Code.
However, any residential structure(s), including multi-family, in a residential zone destroyed by a catastrophe, including natural disaster (e.g., earthquakes, firestorms, windstorms, etc.) and official states of emergency, may be reconstructed up to the original size, placement, and density (See Section
17.705.060 [Residential Exemptions], below). Reconstruction shall commence within 180 days after the date of the damage or catastrophe and shall be diligently pursued to completion. (See Section 17.705.070 [Loss of Nonconforming Status], below)
3. Nonstructural alterations to residential structure(s). Necessary repairs and desired alterations that are not structural may be made to a nonconforming residential structure(s), including multi-family, located in a residential zone only when the Building Official first determines that the repairs are necessary for public safety purposes and the cost does not exceed 50 percent of the appraised value of the nonconforming structure.
4. Additions to nonconforming residential structures. Additions may be made to residential structures that are nonconforming due to their placement on the parcel as long as the additions are in compliance with the current applicable regulations of this Development Code.
5. Conversion to an accessory (second) dwelling unit. Within a residential zone, a nonconforming accessory structure located within a rear setback may be converted to an accessory (second) dwelling unit, in compliance with Section
17.40530.3060 (Accessory (Second) Dwelling Units).
6. Nonstructural alterations to commercial, industrial, mixed-use, or institutional structure(s). Necessary repairs and desired alterations may be made to nonconforming commercial, industrial, mixed-use, or institutional structures; provided, that no structural alterations shall be made that would prolong the life of the supporting members of a structure (e.g., beams, bearing walls, columns, girders, etc.). Structural elements may be modified or repaired only if the Building Official first determines that the modification or repair is immediately necessary to protect the health and safety of the public or occupants of the nonconforming structure, or adjacent property and the cost does not exceed 50 percent of the appraised value of the nonconforming structure. However, improvements required to reinforce non-reinforced masonry structures shall be allowed without replacement cost limitations, provided the retrofitting is strictly limited to compliance with earthquake safety standards.
7. Interior partitions or other nonstructural improvements. Changes to interior partitions or other nonstructural improvements and repairs may be made to a nonconforming commercial, industrial, mixed-use, or institutional structure;
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Packet Pg. 1715 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) NONCONFORMING PARCELS, STRUCTURES, AND USES 17.705
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-11 provided that the cost of the desired improvement or repair shall not exceed 50 percent of the appraised value of the nonconforming structure over any consecutive five-year period.
8. Development of a parcel with a nonconforming structure(s). Any additional development of a parcel with a nonconforming structure shall require that all new structures be in compliance with this Development Code.
9. Appraised values. All appraised values referred to in this Section shall be determined by a State licensed appraiser and confirmed by the Building Official.
17.705.060 – Residential Exemptions
A. Reconstruction or replacement – single-family dwelling. An involuntarily damaged or destroyed single-family nonconforming dwelling may be reconstructed or replaced with a new structure with the same footprint (including preexisting nonconforming setbacks) and height in compliance with current Building and Fire Code requirements.
B. Reconstruction or replacement – multi-family dwelling. An involuntarily damaged or destroyed multi-family nonconforming dwelling unit(s) may be reconstructed or replaced with a new structure with the same footprint (including preexisting nonconforming setbacks), height, and number of dwelling units, in compliance with current Building and Fire Code requirements and Government Code Sections 65852.25 and 65863.4.
C. Substantial expansion, rehabilitation, or renovation. Substantial expansion, rehabilitation, or renovation of an existing dwelling unit in a zone where residences are a nonconforming use may be allowed with Minor Use Permit approval, in compliance with Chapter 17.605.
1. Substantial expansion, rehabilitation, or renovation defined. Substantial expansion, rehabilitation, or renovation occurs when at least 25 percent of the floor area of the existing residential structure is proposed to be added to the structure and/or a Building Permit for construction valued at 50 percent or more of the appraised value of the structure before expansion, rehabilitation, or renovation is requested.
2. Protection of community and neighborhood character. The review authority shall ensure that Minor Use Permit approval for a substantial expansion, rehabilitation, or renovation shall maintain public health, safety, and welfare, and maintain the prevailing neighborhood character.
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Packet Pg. 1716 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.705 NONCONFORMING PARCELS, STRUCTURES, AND USES
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-12
17.705.070 – Loss of Nonconforming Status
A. Termination by discontinuance.
1. Nonconforming use. If a nonconforming use is ceased or discontinued for a continuous period of 180 or more consecutive days, the use shall lose its legal nonconforming status, and the continued use of the property shall be required to be in compliance with the applicable provisions of this Development Code.
2. Nonconforming structure. If the use of a nonconforming structure is ceased or discontinued for a continuous period of 180 or more consecutive days, the structure shall lose its legal nonconforming status, and shall be removed or altered to conform to the applicable provisions of this Development Code.
3. Cessation or discontinuance. A nonconforming use or structure shall be considered ceased or discontinued when any of the following apply:
a. Cessation or discontinuance of a nonconforming use shall be deemed as an abandonment of the use, irrespective of the owner's or occupant's intent.
b. Discontinuance shall include cessation of a use regardless of intent to resume the use.
c. The intent of the owner to cease or discontinue use of the nonconforming structure is apparent, as determined by the Director.
d. Where characteristic furnishings and equipment associated with the use have been removed and not replaced with equivalent furnishings and equipment during this time, and where normal occupancy and/or use has been ceased or discontinued for a period of 180 or more consecutive days. e. Where there are no business receipts or utility payments available for the 180-day period.
4. Nonconforming dwelling units or agricultural uses. This Section shall not apply to nonconforming dwelling units or agricultural uses. These nonconforming uses shall be treated in the following manner:
a. Whenever a nonconforming dwelling unit outside a residential zone has been abandoned, discontinued, or changed to a conforming use for 12 months or more, the nonconforming use shall not be reestablished, and the structure or site shall only be used in compliance with the regulations for the zone in which it is located.
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Packet Pg. 1717 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) NONCONFORMING PARCELS, STRUCTURES, AND USES 17.705
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-13 b. Whenever a nonconforming agricultural use has been abandoned, discontinued, or changed to a conforming use for two years or more, the nonconforming use may only be reestablished in compliance with Article 2 (Zones, Allowable Land Uses, and Zone Specific Standards). (Ord. 19-10, Adopted June 18, 2019)
B. Termination by destruction. Nonconforming status shall terminate if a nonconforming structure, or a conforming structure occupied by a nonconforming use, is involuntarily damaged or destroyed as a result of an accident or by earthquake, fire, flood, or other act of nature; except as provided by Section 17.705.060 (Residential Exemptions), above, and except as follows.
1. 50 percent or less. If the cost of repairing or replacing the damaged portion of the structure is 50 percent or less of the appraised value of the structure immediately before the damage, the structure may be restored to no more than the same size and use, and the use continued, if the restoration is started within 180 days following the date of damage and is diligently pursued to completion.
2. Exceeds 50 percent. If the cost of repairing or replacing the damaged portion of the structure exceeds 50 percent of the appraised value of the structure immediately before the damage, or the structure is voluntarily razed or is required by law to be razed, the structure shall not be restored except in full compliance with the applicable regulations for the zone in which it is located and the nonconforming use shall not be resumed.
3. Appraised and estimated values. All appraised values referred to in this Section shall be determined by a State licensed appraiser and confirmed by the Building Official. Estimates of repairing or replacing the damaged portion of the structure for purposes of this Section shall be made by or shall be reviewed and approved by the Building Official and shall be based on the minimum cost of construction in compliance with the Building Code.
C. Timing of termination. The nonconforming status shall terminate in compliance with the following:
1. A nonconforming use and/or structure may continue or remain until there has been a structural alteration, an enlargement or increase in space occupied, change in the nonconforming use, moving of the nonconforming structure, cessation or discontinuance of the nonconforming use, damage in compliance with Subsection B. (Termination by destruction), above, or the use has been determined to be a nuisance by the Council.
2. The nonconforming use and/or structure shall be deemed terminated on the first happening of either one of the events or situations identified in Subparagraph 1., above.
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Packet Pg. 1718 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.705 NONCONFORMING PARCELS, STRUCTURES, AND USES
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-14 D. Physically unsafe or unlawful structures.
1. If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs or maintenance, and is declared by the Building Official to be unsafe or unlawful by reason of physical conditions, it may be ordered demolished or rebuilt/repaired and shall not be rebuilt, repaired, or restored except in full compliance with the applicable regulations of the zone in which it is located.
2. Nothing in this Chapter shall be deemed to prevent the restoring or strengthening to a safe condition of any structure or part thereof declared to be unsafe by the Building Official.
E. Termination by operation of law.
1. Elimination of nonconformities. Except as allowed by Subparagraph 2. (Exceptions to provisions for elimination of nonconformities), nonconforming uses and structures shall be discontinued and removed from their sites, altered to conform, or altered as specified to decrease the degree of nonconformity, within the specified time after first become nonconforming in compliance with Table 7-1 (Amortization Schedule).
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Packet Pg. 1719 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) PUBLIC HEARINGS 17.710
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-15 Table 7-1
Amortization Schedule
Description of Nonconformity Length of
Amortization (1)
Nonconforming uses. In any zone, removal of a nonconforming use that does not occupy a structure and does not have an approved site plan or a use occupying a structure having an actual value as determined by the County Assessor’s Office of less than $5,000.
Two years
Nonconforming structures. Removal or alteration of a nonconforming structure having an actual value as determined by the County Assessor’s Office of less than $5,000.
Two years
Off-Street Parking and Landscaping. Elimination of nonconformity as far as required amount of off-street parking, surfacing, and landscaping for all but residential uses. (Except when a change increases the amount of off-street parking required, in which case parking shall be provided immediately.)
10 years
Screening and Performance Standards. Elimination of nonconformity with screening requirements and performance standards in all commercial and industrial zones. Two years Signs. (Excepting any sign that is relocated, changed structurally, or receives new sign face shall be made to conform immediately) Five years
Nonconforming uses and structures.
1. In a residential zone a use that is neither an allowed use nor a conditional use.
2. In a commercial or industrial zone, a use that is neither an allowed use nor a conditional use.
3. Structures over $5,000 in actual valuation (except for dwellings in a nonresidential zone) Type I and Type II structures (fire resistive) (3) 20 years Type III (heavy timber construction and ordinary masonry construction). (3) 15 years Type IV and Type V structures (light incombustible frame and wood frame construction). (3) 10 years
Notes.
(1) The length of amortization shall be measured from the effective date, or operative date where later, of the ordinance or amendment establishing the nonconformity.
(2) The length of amortization shall be five years from the date the use first becomes nonconforming. (3) Type of construction, as defined in the Building Code.
2. Exceptions to provisions for elimination of nonconformities. The following nonconforming uses need not be removed and under certain conditions may be expanded; provided that they shall be subject to the other applicable provisions of this Section (e.g., destruction, discontinuance, etc.). a. In any zone, a residential use may be continued and the floor area expanded by no more than 200 square feet; provided that the number of dwelling units shall not be increased.
b. In a residential zone, a nonresidential use that is an allowed use or a conditional use may be continued and a Conditional Use Permit may be
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Packet Pg. 1720 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.710 PUBLIC NOTICING AND HEARINGS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-16 approved for expansion of the floor area or the site area occupied by the use by not more than 10 percent within a five year period. Landscaping, parking, and screening shall be required in compliance with Article 3 (Site Planning and Development Standards).
c. In a commercial zone, a use that is an allowed use or a conditional use in a commercial or industrial zone may be continued and a Conditional Use Permit may be approved for expansion of the floor area or the site area occupied by the use by no more than 25 percent within any five year period. Landscaping, parking, and screening shall be required in compliance with Article 3 (Site Planning and Development Standards). d. In a commercial or industrial zone, a use that is an allowed use or a conditional use in an industrial zone may be continued; provided that nonconformity with screening, performance, parking and landscaping requirements shall be eliminated. A Conditional Use Permit may be approved for the expansion of the floor area or the site area. e. Nothing in this Chapter shall be construed or applied to require the cessation, discontinuance, removal, or termination or to prevent the alteration, maintenance, modernization, rebuilding, reconstruction, repair, or replacement and continued use of public utility structures, equipment, and facilities; provided that there is no change of use nor enlargement of those uses.
f. A Conditional Use Permit may be approved to extend the life of nonconforming sign for no more than five additional years.
17.705.080 – Nonconforming Parcels and Merger of Parcels A. Legal building site – single nonconforming parcel. A single nonconforming parcel that does not comply with the applicable area, depth, or width, requirements of this Development Code shall be considered a legal building site if it meets at least one of the following criteria, as documented to the satisfaction of the Director by evidence furnished by the applicant.
1. Approved subdivision. The parcel was created by a recorded subdivision;
2. Individual parcel legally created by deed. The parcel is under single ownership and was legally created by a recorded deed before the effective date of the amendment that made the parcel nonconforming;
3. Variance or lot line adjustment. The parcel was approved through the Variance procedure or resulted from a lot line adjustment; or
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Packet Pg. 1721 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) PUBLIC HEARINGS 17.710
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-17
4. Partial government acquisition. The parcel was created in compliance with the provisions of this Development Code, but was made nonconforming when a portion was acquired by a governmental entity so that the parcel size is decreased not more than 20 percent and the yard facing a public right-of-way was decreased not more than 50 percent.
B. Subdivision of a nonconforming parcel. No subdivision shall be approved that would increase the nonconformity of an existing parcel or any nonconforming use on the parcel.
C. Mandatory merger – two or more nonconforming contiguous parcels. Refer to Title 16 - Subdivisions
17.705.090 – Effect of Conditional/Minor Use Permit Requirements A. Absence of Conditional/Minor Use Permit. A use lawfully existing without the approval of a Conditional Use Permit or Minor Use Permit that would be required by this Development Code shall be deemed conforming only to the extent of its previous lawful use (e.g., maintaining the same site area boundaries, hours of operation, etc.).
B. Previous Conditional/Minor Use Permit in effect. A use that was authorized by a Conditional Use Permit or Minor Use Permit but is not allowed by this Development Code in its current location may continue, but only in compliance with the original Conditional Use Permit or Minor Use Permit conditions of approval.
17.705.100 – Nonconforming Service Stations / Gas Stations A. Nonconforming service stations in existence before the effective date of this Development Code that become damaged or partially destroyed or that are proposed to be added to or structurally altered to the extent of more than 50 percent of the appraised value of the main structure in any 12-month period may not be occupied or used except in full compliance with the applicable provisions of this Chapter.
17.705.110 – Nonconforming Parking
A. Insufficient parking. Where off-street parking spaces are provided and maintained in connection with a structure or use at the time this Development Code became effective and are now insufficient to meet the requirements for the use with which it is associated, or where no parking spaces have been provided, then the structure may be expanded only if off-street parking is provided for the existing structure or use as well as the expansion in compliance with the standards identified in Chapter 17.330 (Off-Street Parking and Loading Standards).
B. Existing parking. Existing parking may not be counted as meeting this requirement unless it meets or exceeds the requirements of this Development Code.
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Packet Pg. 1722 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.710 PUBLIC NOTICING AND HEARINGS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-18
17.705.120 – Nonconforming Adjustments
A. Nonconforming Adjustments.
1. Nonconforming Adjustments provide a procedure for City review and decision on requests that propose to continue a legal nonconforming use, allow the substitution of one nonconforming use for another nonconforming use, or allow minor modifications of applicable Development Code standards to allow the expansion of the use or structure, and only when pertaining to existing uses or structures, and not the initiation or construction of new uses or structures.
2. The Nonconforming Adjustments are subject to the special findings identified in Subsection C. (Special findings for Nonconforming Adjustments), below.
B. Authority to allow adjustments.
1. The Commission may approve adjustments to a non-conforming use with the granting of a Conditional Use Permit.
C. Special findings for Nonconforming Adjustments. The review authority may approve a Nonconforming Adjustment, with or without conditions, only if it first makes all of the following findings:
1. The Nonconforming Adjustment is necessary because the subject use or structure was legal when it was originally initiated or constructed, but changes in this Development Code or the applicable zone development standards caused the use or structure to become legal nonconforming;
2. Approving the Nonconforming Adjustment for the subject use or structure will not pose a serious hazard to the public health or safety of persons residing or working on or adjacent to the subject parcel; and
3. The location, size, and operating characteristics of the legal nonconforming use or structure are compatible with the existing and future land uses in the vicinity.
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Packet Pg. 1723 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) PUBLIC HEARINGS 17.710
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-19 Chapter 17.710 — Public Noticing and Hearings
Sections:
17.710.010 – Purpose
17.710.020 – Noticing for Director Approvals
17.710.030 – Notice of Hearing
17.710.040 – Hearing Procedure
17.710.050 – Recommendation by Commission
17.710.060 – Decision and Notice
17.710.070 – Effective Date of Decision
17.710.010 – Purpose
This Chapter provides procedures for public notices and public hearings required by this Development Code. When a public hearing is required, advance notice of the hearing shall be given, and the hearing shall be conducted, in compliance with this Chapter.
17.710.020 – Noticing for Director Approvals
When this Development Code requires the Director provide a public notice before a decision on permits, such as a Minor Use Permit or Minor Variance, but a public hearing is not required, the Director shall provide public notices in conformation with this Section.
A. Content of notice. Public Notice shall include all of the following information, as applicable.
1. Decision information. The name of the review authority; the phone number and street address of the Department where an interested person could call or visit to obtain additional information; and the date by which the review authority may render a decision. The review authority may render a decision on, or after, the posted date.
2. Method of Providing Comments. The notice shall provide the method and date by which a member of the public may provide written comments for consideration before a decision is rendered.
3. Project information. The name of the applicant; the City's file number assigned to the application; a general explanation of the matter to be considered; and a general description, in text or by diagram, of the location of the property that is the subject of the hearing.
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Packet Pg. 1724 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.710 PUBLIC NOTICING AND HEARINGS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-20
4. Statement on environmental document. If a proposed Environmental Document or Determination has been prepared for the project in compliance with the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines, the notice shall include a statement that the review authority will also consider approval of said Environmental Document or Determination.
5. Statement regarding challenges of City actions. A notice substantially stating all of the following: "If you challenge the (nature of the proposed action) in court, you may be limited to raising only those issues you or someone else raised in written correspondence delivered to the (public entity conducting the hearing) at, or before, the decision date".
B. Method of notice distribution. Public Notices required by this Section shall be given as follows.
1. Mailing. Notice shall be mailed or delivered at least 10 days before the decision date to the following:
a. Project site owners, agent(s), and applicant. The owners of the property being considered in the application, the owners' agent(s), and the applicant, in addition to the owner(s) of the mineral rights for maps in compliance with Government Code Section 65091(a)(2);
b. Local agencies. Any local agency expected to provide roads, schools, sewage, streets, water, or other essential facilities or services to the property which is the subject of the application;
c. Affected owners. All owners of real property as shown on the latest equalized assessment roll, located within a radius of 300 feet of the exterior boundaries of the parcel that is the subject of the hearing (or other distance as required by the specific permit or action being taken [i.e. 1,000 foot for variances related to alcohol sales]); and any other person whose property might, in the judgment of the Director, be affected by the proposed project; and
d. Persons requesting notice. Any persons who has filed a written request for notice with the Director or City Clerk.
2. Alternative to mailing. If the number of property owners to whom notice would be mailed in compliance with Subparagraph B. 1., above is more than 1,000, the Director may choose to provide the alternative notice allowed by Government Code Section 65091(a)(3).
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Packet Pg. 1725 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) PUBLIC HEARINGS 17.710
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-21
3. Publication. In addition to the notice required by Subparagraphs B.1. or B.2., above, notice shall be published at least once in a newspaper of general circulation in the City at least 10 days before the scheduled hearing.
4. Additional notice. In addition to the types of notice required above, the Director may require any additional notice with content or using a distribution method (e.g., posting on the City’s web site) as the Director determines is necessary or desirable.
C. Environmental Approvals. When the Director takes action on a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report, as permitted, the Director shall provide notices in compliance with this section.
17.710.030 – Notice of Hearing
When this Development Code requires a public hearing before a decision on a permit, or for another matter, the public shall be provided notice of the hearing in compliance with Government Code Sections 65090 through 65096, and Public Resources Code 21000 et seq., and as required by this Chapter.
A. Content of notice. Notice of a public hearing shall include all of the following information, as applicable.
1. Hearing information. The date, time, and place of the hearing and the name of the review authority; a brief description of the City's general procedure concerning the conduct of hearings and decisions (e.g., the public’s right to appear and be heard); and the phone number and street address of the Department, where an interested person could call or visit to obtain additional information.
2. Project information. The name of the applicant; the City's file number assigned to the application; a general explanation of the matter to be considered; and a general description, in text or by diagram, of the location of the property that is the subject of the hearing.
3. Statement on environmental document. If a proposed Environmental Document or Determination has been prepared for the project in compliance with the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines, the hearing notice shall include a statement that the review authority will also consider approval (or recommendation of adoption/approval for an application requiring Council action) of the proposed Environmental Document or Determination.
4. Statement regarding challenges of City actions. A notice substantially stating all of the following: "If you challenge the (nature of the proposed action) in
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Packet Pg. 1726 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.710 PUBLIC NOTICING AND HEARINGS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-22 court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the (public entity conducting the hearing) at, or before, the public hearing" in compliance with Government Code Section 65009(b)(2).
5. Statement regarding Commission’s recommendations. For Council items that involve a recommendation from the Commission (e.g., legislative acts) the notice shall contain the Commission’s recommendations.
B. Method of notice distribution. Notice of a public hearing required by this Chapter shall be given as follows, as required by Government Code Sections 65090 and 65091.
1. Mailing. Notice shall be mailed, e-mailed (if available), or delivered at least 10 days before the scheduled hearing to the following:
a. Project site owners, agent(s), and applicant. The owners of the property being considered in the application, the owners' agent(s), and the applicant, in addition to the owner(s) of the mineral rights for maps in compliance with Government Code Section 65091(a)(2);
b. Local agencies. Any local agency expected to provide roads, schools, sewage, streets, water, or other essential facilities or services to the property which is the subject of the application;
c. Affected owners. All owners of real property as shown on the latest equalized assessment roll, located within a radius of 300 feet of the exterior boundaries of the parcel that is the subject of the hearing (or other distance as required by the specific permit or action being taken [i.e. 1,000 foot for variances related to alcohol sales]); and any other person whose property might, in the judgment of the Director, be affected by the proposed project; and
d. Persons requesting notice. Any persons, including any California Native American tribe who is on the contact list of the Native American Heritage Commission in compliance with Government Code Section 65092, who has filed a written request for notice with the Director or City Clerk and has paid the required fee for the notice.
2. Alternative to mailing. If the number of property owners to whom notice would be mailed in compliance with Subparagraph B. 1., above is more than 1,000, the Director may choose to provide the alternative notice allowed by Government Code Section 65091(a)(3).
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Packet Pg. 1727 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) PUBLIC HEARINGS 17.710
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-23
3. Publication. In addition to the notice required by Subparagraphs B.1. or B.2., above, notice shall be published at least once in a newspaper of general circulation in the City at least 10 days before the scheduled hearing.
4. Additional notice. In addition to the types of notice required above, the Director may require any additional notice with content or using a distribution method (e.g., posting on the City’s web site) as the Director determines is necessary or desirable.
17.710.040 – Hearing Procedure
A. Time and place of hearing. A hearing shall be held at the date, time, and place for which notice was given.
B. Continued hearing. Any hearing may be continued from time to time without further notice; provided that the chair of the hearing body announces the date, time, and place to which the hearing will be continued before the adjournment or recess of the hearing.
C. Deferral of final decision.
1. The review authority may announce a tentative decision, and defer its action on a final decision until appropriate findings and/or conditions of approval have been prepared.
2. The date of the final action shall be as described in the motion, ordinance, or resolution that incorporates the findings and/or conditions.
D. Formal rules of evidence or procedure not applicable. Formal rules of evidence or procedure applicable in judicial actions and proceedings shall not apply in any proceeding subject to this Development Code, except as otherwise required by the Municipal Code, in compliance with Government Code Section 65010.
17.710.050 – Recommendation by Commission
A. Recommendation and findings to the Council. After a public hearing on a proposed amendment to this Development Code, the General Plan, the Zoning Map, a development agreement, or a specific plan, the recommendation and findings of the Commission shall be forwarded to the Council.
B. Recommendation included in notice. The recommendation shall be included in the required notice of the Council’s public hearing.
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Packet Pg. 1728 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.710 PUBLIC NOTICING AND HEARINGS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-24
17.710.060 – Decision and Notice
A. Decisions by the Commission or Council.
1. The review authority may announce and record its decision on the matter being considered at the conclusion of a scheduled hearing, or defer action and continue the matter to a later meeting agenda in compliance with Section 17.710.040 (Hearing Procedure), above.
2. Unless otherwise required by law (i.e., votes by the Commission on a General Plan amendment in compliance with Government Code Section 65354), a majority of those entitled to vote or majority of quorum shall be required for any formal action by the applicable review authority.
3. Tie votes of the review authority for matters that legally require findings shall result in no action by the review authority.
4. All decisions shall be in writing and, if required by law, shall contain written findings.
B. Notice of decision.
1. Provision of notice. Following the decision on an application for a permit or other approval required by this Development Code, the City shall provide notice of its action to the applicant and to any person who specifically requested notice of the City’s action.
2. Contents of notice. The notice of the final decision shall contain the action, conditions of approval, reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public convenience, health, interest, safety, or general welfare of the City, and the procedure for appeal, as applicable.
3. Delivery of notice.
a. The notice of the decision shall be delivered by first class, postage prepaid mail or electronic mail to:
1. The applicant.
2. The appellant, as applicable.
3. Any person requesting notification of the decision..
C. Notifying County Assessor. Whenever a Zoning Map amendment, Conditional Use Permit, Minor Use Permit, Minor Variance, or Variance is granted with respect to any
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Packet Pg. 1729 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) PUBLIC HEARINGS 17.710
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-25 property, the City shall, within 30 days, notify the County Assessor of the action in compliance with Government Code Section 65863.5.
17.710.070 – Effective Date of Decision
A. Director’s or Commission’s decision. The decision of the Director or Commission is final and effective after 5:00 p.m. on the 10th day following the actual date the decision is rendered if no appeal of that decision has been filed in compliance with Chapter 17.715 (Appeals).
B. Council’s decision.
1. Adopted by ordinance. A decision of the Council adopted by ordinance is final and shall become effective on the 31st day following the date the ordinance is adopted by the Council, unless otherwise provided in the adopting ordinance.
For example, an ordinance adopted on October 1st will actually be effective on November 1st.
2. Adopted by resolution. A decision of the Council adopted by resolution is final and shall be effective on the date the decision is rendered, unless otherwise provided in the adopting resolution.
3. Contingent on future date or event. The Council may take a final action and make it contingent on a future date or event.
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Packet Pg. 1730 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.715 APPEALS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-26 Chapter 17.715 — Appeals
Sections:
17.715.010 – Purpose
17.715.020 – Appeal Subjects and Jurisdiction
17.715.030 – Calls for Review
17.715.040 – Filing and Processing of Appeals
17.715.050 – Judicial Review
17.715.010 – Purpose
This Chapter establishes procedures for the appeal and calls for review of determinations and decisions of the Director or Commission.
17.715.020 – Appeal Subjects and Jurisdiction
A. Code administration and interpretation. The following determinations and actions of the Director and Department staff may be appealed to the Commission and then to the Council:
1. Interpretations. Any determination on the meaning or applicability of the regulations contained in this Development Code that are believed to be in error, and cannot be resolved with the Director; and
2. Enforcement action. Any initial enforcement action conducted in compliance with Section 17.725.080 (Initial Enforcement Action).
B. Planning permit decisions.
1. Director’s decisions. Decisions of the Director on a Minor Use Permit, Minor Variance, Nonconforming Use Determination, Reasonable Accommodation, Site Plan and Design Review, Sign Permit, Temporary Use Permit, or Zoning Clearance may be appealed to the Commission.
2. Commission’s decisions. Any decision of the Commission may be appealed to the Council.
17.715.030 – Calls for Review
A. Council review.
1. Council. The Council may call for a review of any determination or decision rendered by the Commission or Director.
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Packet Pg. 1731 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) APPEALS 17.715
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-27
2. Majority vote required. A call for review may only be commenced by the affirmative vote of the majority of the members present of the applicable review authority.
B. Process for calling for a review.
1. Initiation. One or more Council members may initiate a call for review of a Commission’s or Director’s determination or decision by filing a written request with the City Clerk before the effective date of the action, which means within 10 days following the date of the determination or decision.
2. Consideration of call for review. The Councilshall consider the call for review at its next regularly scheduled meeting.
3. Vote. If the Council votes to review the determination or decision, a subsequent review hearing shall be scheduled to consider the merits of the review. The Council may call for the review of a Director’s determination or decision directly, or may direct the Commission to first consider the matter and provide a written recommendation to the Council.
4. Notice to applicant. The applicant shall be notified of the Council request for review. .
5. Notice to public. Any member of the public who requested to be notified of a project called for review shall be provided a copy of the Public Notice for the Public Hearing.
6. Effect of call for review.
a. A request for a call for review by a member of the City Council shall stay the effective date of a determination or decision until the Council can make a decision on the call for review request.
b. The timely filing of a call for review does not extend the time in which an appeal of a determination or decision shall be filed. The normal appeal period shall continue to run in compliance with Subsection 17.715.040.B. (Timing and form of appeal), below.
c. If the Council decides to call for review of the subject determination or decision, then the previous determination or decision shall be vacated. d. If the Council decides not to call for review the subject determination or decision, then the determination or decision shall become final unless the appeal period has not expired.
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Packet Pg. 1732 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.715 APPEALS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-28
7. Filing of an appeal pending a call for review.
a. Right to file an appeal. Any person may file a timely appeal in compliance with this Chapter even though a call for review has been filed in compliance with this Section.
b. Effect of filing an appeal. The filing of the appeal shall serve to protect the rights of the appellant(s) in the event the call for review is subsequently withdrawn or rejected.
9. Notice and public hearing.
a. The consideration of call for review shall be a discussion item and does not require a public notice.
b. A call for review hearing shall be a public hearing, following the same process and procedures as an appeal, in compliance with this Chapter..
10. Fees not required. Fees shall not be required in conjunction with the filing of a call for review.
11. Required votes. The final action calling for review of a determination or decision shall require an affirmative majority vote of those members lawfully authorized to vote on the matter.
C. Concurrent Commission recommendations. When the Commission makes a recommendation to the Council on a legislative matter (e.g., development agreement, Development Code amendment, General Plan amendment, specific plan amendment, or Zoning Map amendment), any concurrent decision by the Commission on an approval, permit, or Variance, or other non-legislative land use permit application concerning, in whole or in part, the same parcel(s) shall also be deemed to be timely called up for review by the Council.
17.715.040 – Filing and Processing of Appeals
A. Eligibility.
1. An appeal in compliance with this Chapter may be filed by any person.
2. An appeal in compliance with this Chapter may be appealed by a Councilmember or Commissioner acting as an individual.
3. Any Councilmember or Commissioner filing an appeal as an individual shall not be authorized to participate in any decision concerning that action of decision.
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Packet Pg. 1733 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) APPEALS 17.715
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-29 B. Timing and form of appeal. An appeal shall be submitted in writing and shall specifically state the pertinent facts and the basis for the appeal.
1. The pertinent facts and the basis for the appeal shall include, at a minimum, the specific grounds for the appeal, where there was an error or abuse of discretion by the previous review authority (e.g., Commission, Director, or other City official) in the consideration and action on the matter being appealed, and/or where the decision was not supported by the evidence on the record.
2. The appeal shall be filed with the Department or City Clerk, as applicable, within 10 days following the actual date the decision was rendered. a. Appeals addressed to the Commission shall be filed with the Department; b. Appeals addressed to the Council shall be filed with the City Clerk.
3. The appeal shall be accompanied by the filing fee identified in the City’s Planning Fee Schedule.
4. Once an appeal is filed, any action on the associated project is suspended until the appeal is processed and a final decision is rendered.
C. Scope of planning permit appeals.
1. All except for Conditional Use Permits – not de novo. An appeal of a decision on a planning permit, except for a Conditional Use Permit, shall not be de novo, but instead shall be limited to issues raised at the public hearing, or in writing before the hearing, or information that was not known at the time of the decision that is being appealed.
2. Conditional Use Permits only – de novo. An appeal of a decision on a Conditional Use Permit shall de novo, and shall not be limited to issues raised at the public hearing, or in writing before the hearing, or information that was not known at the time of the decision that is being appealed.
D. Report and scheduling of hearing.
1. When an appeal has been filed, the Director shall prepare a report on the matter, including all of the application materials in question, and schedule the matter for a public hearing by the appropriate review authority identified in Section
17.715.020 (Appeal Subjects and Jurisdiction), above.
2. Notice of the hearing shall be provided, and the hearing shall be conducted, in compliance with Chapter 17.710 (Public Hearings).
3. Any interested party may appear and be heard regarding the appeal.
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Packet Pg. 1734 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.715 APPEALS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-30 E. Decision.
1. During the appeal hearing, the review authority may:
a. Affirm, affirm in part, or reverse the action, determination, or decision that is the subject of the appeal, based upon findings of fact about the particular case. The findings shall identify the reasons for the action on the appeal, and verify the compliance or non-compliance of the subject of the appeal with this Development Code;
b. Adopt additional or different project aspects or conditions of approval, that may address issues or concerns other than the subject of the appeal; c. Disapprove the planning permit approved by the previous review authority, even where the appellant only requested a modification or elimination of one or more project aspects or conditions of approval; or d. Refer the matter to any other review authority authorized to hear the matter.
2. Within 60 days the review authority shall render its decision on the appeal, unless it is continued for good cause.3. In the event of a tie vote by the review authority on an appeal, the decision being appealed shall stand.
F. Effective date of appeal decision.
1. Commission’s decision. A decision by the Commission is final and effective after 5:00 p.m. on the 10th day following the actual date the final decision is rendered, if no appeal to the decision has been filed with the Council or called up by the Council.
2. Council’s decision.
a. Adopted by ordinance. A decision of the Council adopted by ordinance is final and shall become effective on the 31st day following the date the ordinance is actually adopted by the Council, unless otherwise provided in the adopting ordinance.
b. Adopted by resolution. A decision of the Council adopted by resolution is final and shall be effective on the date the decision is rendered. c. Any other action. A decision of the Council taken by any action other than ordinance or resolution is final and shall be effective on the date the decision is rendered.
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Packet Pg. 1735 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) APPEALS 17.715
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-31
17.715.050 – Judicial Review
No person shall seek judicial review of a City decision on a planning permit or other matter in compliance with this Development Code unless and until all available appeals to the Commission and Council have been first exhausted in compliance with this Chapter.
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Packet Pg. 1736 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.720 AMENDMENTS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-32 Chapter 17.720 — Amendments
Sections:
17.720.010 – Purpose
17.720.020 – Initiation of Amendment
17.720.030 – Processing, Notice, and Hearings
17.720.040 – Commission's Action on Amendment
17.720.050 – Council's Action on Amendment
17.720.060 – Findings and Decision
17.720.070 – Prezoning – Annexations
17.720.080 – Effective Dates
17.720.010 – Purpose
This Chapter provides procedures for the amendment of this Development Code, the General Plan, or the Zoning Map whenever the Council determines public necessity and general welfare require an amendment.
17.720.020 – Initiation of Amendment
An amendment may be initiated by Commission or Council action, proposed by the Director, or as follows.
A. General Plan or Zoning Map amendment. In the case of the General Plan or the Zoning Map, an amendment may also be initiated by the filing of an amendment application with the Department by the owner(s) or authorized agent of property for which the amendment is sought. If the property is under multiple ownerships, all owners or their authorized agents shall join in filing the application.
B. Development Code amendment. In the case of this Development Code, the Council may also adopt an urgency measure as an interim ordinance, in compliance with Government Code Section 65858.
17.720.030 – Processing, Notice, and Hearings
A. Application filing and processing. If initiated by the filing of an amendment application, the application shall be processed in compliance with Chapter 17.600 (Permit Application Filing and Processing). The application shall include the information and materials specified by the Department handout for amendment applications, together with the required fee in compliance with the City’s Planning Fee Schedule. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.720.060 (Findings and Decision), below.
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Packet Pg. 1737 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) AMENDMENTS 17.720
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-33 B. Timing of General Plan amendments.
1. Mandatory elements.
a. The mandatory elements of the General Plan may be amended up to four times in a single calendar year.
b. Amendments may be combined with one another for Council consideration/action.
2. Nonmandatory elements. The nonmandatory elements of the General Plan may be amended an unlimited number of times.
C. Development Code/Zoning Map amendments – Compliance with Government Code Section 65853 required.
1. A Development Code or Zoning Map amendment, which amendment changes any property from one zone to another or imposes any regulation(s) specified in Government Code Section 65850 not previously imposed or removes or modifies any specified regulation(s) previously imposed shall be adopted in compliance with Government Code Sections 65854 to 65857, inclusive and as specified in this Chapter.
2. Any other amendment to this Development Code may be adopted as other ordinances are adopted.
3. When the Council has requested the Commission to study and report upon an amendment which is within the scope of this Subsection and the Commission fails to act upon the request within a reasonable time, the Council may, by written notice, require the Commission to render its report within 40 days.
4. Upon receipt of the written notice the Commission, if it has not done so, shall conduct the public hearing as required by Government Code Section 65854.
5. Failure of the Commission to report to the Council within the time period specified in Subparagraph 3, above, shall be deemed to be approval of the proposed amendment in compliance with Government Code Section 65853.
D. Notification and consultation with California Native American tribes required.
1. In compliance with Government Code Section 65352.3 and before the adoption or amendment of the General Plan, proposed on or after March 1, 2005, the City shall conduct consultations with California Native American tribes that are on the contact list maintained by the Native American Heritage Commission for the purpose of preserving or mitigating impacts to features, objects, or places
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Packet Pg. 1738 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.720 AMENDMENTS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-34 described in Public Resources Code Sections 5097.9 and 5097.993 that are located within the City's jurisdiction.
2. From the date on which a California Native American tribe is contacted by the City in compliance with this Subsection, the tribe shall have 90 days in which to request a consultation, unless a shorter timeframe has been agreed to by that tribe.
3. Consistent with the guidelines developed and adopted by the State Office of Planning and Research in compliance with Government Code Section 65040.2, the City shall protect the confidentiality of information concerning the specific character, identity, location, and use of those features, objects, and places.
E. Public hearings required. The Commission and Council shall each conduct one or more public hearings regarding the amendment.
F. Notice and hearing. Notice of the public hearing shall be provided and the hearing shall be conducted in compliance with Chapter 17.710 (Public Hearings).
17.720.040 – Commission's Action on Amendment
A. Commission’s recommendation to Council.
1. All amendments. After the public hearing, the Commission shall forward a written recommendation to the Council whether to approve, approve in modified form, or disapprove the proposed amendment, based on the findings identified in Section 17.720.060 (Findings and Decision), below.
2. Recommendation for approval of Development Code or Zoning Map amendments. A recommendation for approval or approval in modified form of a Development Code or Zoning Map amendment shall require only a majority vote.
3. Recommendation for approval of General Plan amendments. A recommendation for approval or approval in modified form of a General Plan amendment shall require the affirmative vote of not less than a majority of the total membership of the Commission in compliance with Government Code Section 65354.
B. Recommendation of disapproval by Commission. A recommendation against the proposed amendment shall require only a majority vote in compliance with Government Code Section 65354.
C. Appeal of Commission’s recommendation.
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Packet Pg. 1739 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) AMENDMENTS 17.720
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-35
1. The action of the Commission may be appealed within 10 days after the Commission makes a recommendation to the Council in compliance with Government Code Section 65354.5.
2. The appeal shall be filed with the City Clerk in compliance with Government Code Section 65354.5 and Chapter 17.715 (Appeals).
17.720.050 – Council's Action on Amendment
A. Council’s action.
1. All amendments. Upon receipt of the Commission's recommendation to approve, approve in modified form, or disapprove the proposed amendment, the Council shall conduct a public hearing and either approve, approve in modified form, or disapprove the proposed amendment based on the findings identified in Section 17.720.060 (Findings and Decision), below.
2. Development Code or Zoning Map amendments. The action by the Council to approve, or approve in modified form, the Commission’s recommendation regarding a Development Code or Zoning Map amendment shall be by a majority vote of the members present and shall be final and conclusive.
3. General Plan amendments. The action by the Council to approve, or approve in modified form, the Commission’s recommendation regarding a General Plan amendment shall require the affirmative vote of not less than a majority of the total membership of the Council in compliance with Government Code Section 65356 and shall be final and conclusive.
B. Referral to Commission.
1. If the Council proposes to adopt a substantial modification(s) to the amendment not previously considered by the Commission, the proposed modification shall be first referred to the Commission for its recommendation, in compliance with Government Code Sections 65356 (General Plan amendments) and 65857 (Development Code or Zoning Map amendments).
2. Failure of the Commission to report back to the Council within the time limits specified in Government Code Sections 65356 (45 days) and 65857 (40 days) following the referral shall be deemed approval by the Commission of the proposed modification(s).
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Packet Pg. 1740 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.720 AMENDMENTS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-36
17.720.060 – Findings and Decision
An amendment to this Development Code, the General Plan, or the Zoning Map may be approved only if all of the following findings are first made, as applicable to the type of amendment.
A. Findings for General Plan and specific plan amendments.
1. The amendment is internally consistent with all other provisions of the General Plan and any applicable specific plan;
2. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City;
3. If an amendment to the Land Use Element, the affected site(s) is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities (e.g., fire protection, police protection, potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.), to ensure that the proposed or anticipated uses and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located; and
4. The City may reduce, require, or permit the reduction of, the residential density for any parcel to, or allow development of any parcel at, a lower residential density, as defined in Government Code Section 65863, only if the following two additional findings are first made:
a. The reduction is consistent with the adopted General Plan, including the Housing Element; and
b. The remaining sites identified in the Housing Element are adequate to accommodate the jurisdiction's share of the regional housing needs in compliance with Government Code Section 65584.
B. Findings for Development Code and Zoning Map amendments.
1. Findings required for all Development Code and Zoning Map amendments. a. The proposed amendment is consistent with the General Plan and any applicable specific plan; and
b. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
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Packet Pg. 1741 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) AMENDMENTS 17.720
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-37
2. Additional finding for Development Code amendments. The proposed amendment is internally consistent with other applicable provisions of this Development Code.
3. Additional findings for Zoning Map amendments.
a. The affected site(s) is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities (e.g., fire protection, police protection, potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.), to ensure that the requested zoning designation and the proposed or anticipated uses and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.
b. The two findings specified in Subparagraph A. 4., above, in compliance with Government Code Section 65863.
17.720.070 – Prezoning – Annexations
A. Prezoning required. Before the annexation to the City of any property, the sponsor of any annexations shall file an application for prezoning of the subject property to be annexed and the City shall establish the zoning which will be in effect on the effective date of the annexation.
B. Same as Zoning Map amendments. The process for prezoning property to be annexed to the City shall be the same as is specified in this Chapter for Zoning Map amendments.
C. Compliance with General Plan. The zoning shall be in compliance with the General Plan and any applicable specific plan.
17.720.080 – Effective Dates
A. General Plan. A General Plan amendment shall become effective immediately upon the adoption of a resolution by the Council, unless provided later in the resolution.
B. Development Code and Zoning Map. A Development Code or Zoning Map amendment shall become effective on the 31st day following the adoption of an ordinance by the Council, unless provided later in the ordinance.
C. Notifying County Assessor. Whenever the zoning covering a property is changed from one zone to another via a Development Code or Zoning Map amendment, the City shall,
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Packet Pg. 1742 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.720 AMENDMENTS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-38 within 30 days, notify the County Assessor of the action in compliance with Government Code Section 65863.5.
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Packet Pg. 1743 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) AMENDMENTS 17.720
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-39 Chapter 17.725 — Enforcement Provisions
Sections:
17.725.010 – Purpose
17.725.020 – Permits and Licenses
17.725.030 – Enforcement Responsibility
17.725.040 – Violations
17.725.050 – Remedies are Cumulative
17.725.060 – Inspections
17.725.070 – Revocation or Modifications
17.725.080 – Initial Enforcement Action
17.725.090 – Legal Remedies
17.725.100 – Recovery of Costs
17.725.110 – Additional Permit Processing Fees
17.725.120 – Reinspection Fees
17.725.010 – Purpose
This Chapter establishes provisions that are intended to ensure compliance with the requirements of this Development Code and any conditions of planning permit approval, to promote the City's planning efforts, and for the protection of the public health, safety, and welfare of the City.
17.725.020 – Permits and Licenses
All departments, officials, and public employees of the City who are assigned the authority or duty to issue certificates, licenses, or permits shall comply with the provisions of this Development Code.
A. Permits in conflict with Development Code. Certificates, licenses, or permits for uses or structures that would be in conflict with the provisions of this Development Code shall not be issued.
B. Permits deemed void. Any certificate, license, or permit issued in conflict with the provisions of this Development Code shall be void and of no effect.
17.725.030 – Enforcement Responsibility
A. Responsibility of Director. The Director shall exercise the authority provided in Section 836.5 of the California Penal Code through the Building Inspector(s), and issue notices of violation, stop work orders, and citations for any violations of this
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Packet Pg. 1744 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.720 AMENDMENTS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-40 Development Code pertaining to the use of any land, and the addition, alteration, construction, conversion, installation, moving, reconstruction, or use of any structure.
B. Police Chief and City Attorney. The Police Chief and City Attorney shall render any and all necessary assistance to the Director for the enforcement of this Development Code.
17.725.040 – Violations
A. Violations of this Development Code.
1. Any use of land or structures operated or maintained contrary to the provisions of this Development Code and any structure constructed or maintained contrary to the provisions of this Development Code are hereby declared to be a public nuisance and a violation of this Development Code and shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine, or by imprisonment for not to exceed 90 days, or by both the fine and imprisonment in compliance with Municipal Code Chapters 1.24 (General Penalty), 1.28 (Administrative Citations), and 8.44 (Nuisances).
2. The violation of any required condition imposed on a permit or approval shall constitute a violation of this Development Code and may constitute grounds for revocation or modification of the permit in compliance with Section 17.725.070 (Revocation or Modification), or any other remedy available to the City under the Municipal Code or this Development Code.
3. Any violations of this Development Code or any required condition(s) imposed on a permit or approval granted in compliance with this Development Code shall be treated as a strict liability offense regardless of intent.
B. Public nuisance. Any use or structure that is altered, constructed, converted, demolished, enlarged, established, erected, maintained, moved, or operated contrary to the provisions of this Development Code or any applicable condition(s) of approval imposed on a permit or approval, or any property that is found to be maintained in violation of Municipal Code Section 8.44.050, is hereby declared to be unlawful and a public nuisance, and shall be subject to the remedies and penalties established by Municipal Code Chapters 1.24 (General Penalty), 1.28 (Administrative Citations), and
8.44 (Nuisances).
C. Criminal violation. Any person, whether an agent, principal, or otherwise, violating, permitting, or causing the violation of any provision of this Development Code or any permit issued in compliance with this Development Code shall be guilty of a misdemeanor or an infraction at the election of the City and/or its prosecuting official, and upon conviction thereof, shall be punishable by the applicable fine(s) established by
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Packet Pg. 1745 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) AMENDMENTS 17.720
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-41 Municipal Code Sections 1.24.020 (Misdemeanor—Penalty) or 1.24.030 (Infractions— Penalty).
D. Misdemeanors. Any offense that would otherwise be an infraction may, at the discretion of the City Attorney, be filed as a misdemeanor in compliance with Municipal Code Sections 1.24.010 (Misdemeanors) and 1.24.050 (Prosecution as misdemeanor or infraction).
E. Continuing violation. Any violator shall be guilty of a separate offense for each and every day during any portion of which any violation of this Development Code or any applicable condition of approval imposed on a permit is committed, continued, or allowed to continue and the violator shall be punished accordingly.
F. Stop Work Order.
1. Any construction in violation of this Development Code or any conditions imposed on a permit shall be subject to the issuance of a "Stop Work Order" or other similar notice issued by the City.
2. Any violation of a Stop Work Order or other similar notice shall constitute a misdemeanor and a public nuisance, and shall be subject to the remedies and penalties established by the Municipal Code and this Chapter.
17.725.050 – Remedies are Cumulative
A. Cumulative, not exclusive. All remedies contained in this Development Code for the handling of violations or enforcement of the provisions of this Development Code shall be cumulative and not exclusive of any other applicable provisions of City, County, or State law.
B. Other remedies. Should a person be found guilty and convicted of a misdemeanor or infraction for the violation of any provision of this Development Code, the conviction shall not prevent the City from pursuing any other available remedy to correct the violation(s).
17.725.060 – Inspections
A. Pre-approval inspections. Every applicant seeking a permit or any other approval in compliance with this Development Code shall allow the City officials handling the application access to any premises or property that is the subject of the application.
B. Post approval inspections. If the permit or other approval in compliance with this Development Code is approved, the owner or applicant shall allow appropriate City officials access to the premises in order to determine continued compliance with the approved permit and/or any conditions of approval imposed on the permit.
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Packet Pg. 1746 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.720 AMENDMENTS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-42
17.725.070 – Revocation or Modifications
This Section provides procedures for securing revocation or punitive modification of previously approved permits or approvals.
A. Revocations. The City’s action to revoke a permit or approval shall have the effect of terminating the permit and disapproving the privileges granted by the original approval.
B. Modifications. The City’s action to modify a permit or approval instead of revocation may include any operational aspect of the project, including buffers, duration of the permit or entitlement, hours of operation, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, or any other aspect/condition determined to be reasonable and necessary to ensure that the permit is operated in a manner consistent with the original findings for approval.
C. Authority to revoke or modify.
1. Permits. A Conditional Use Permit, Minor Use Permit, or other City planning permit or approval (except a Variance, see Subsection C. 2., below) may be revoked or modified by the review authority (e.g., Director, Commission, or Council) that originally approved the permit, if the review authority first makes any one of the following findings:
a. Circumstances under which the permit or approval was granted have been changed by the applicant to an extent that one or more of the findings that justified the original approval can no longer be made, and the public health, safety, and welfare require the revocation; b. The permit or other approval was granted, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the applicant’s testimony presented during the public hearing, for the permit or approval;
c. One or more of the conditions of the original permit or approval have not been substantially fulfilled or have been violated;
d. The approved use or structure has ceased to exist or has been discontinued for at least 60 days. For purposes of this finding, the terms cessation or discontinuance of a use or structure shall be defined as an abandonment of the use or structure, irrespective of the owner's or occupant's intent;
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Packet Pg. 1747 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) AMENDMENTS 17.720
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-43 e. An improvement authorized in compliance with the permit is in violation of any applicable code, law, ordinance, regulation, or statute; or f. The improvement/use allowed by the permit has become detrimental to the public health, safety, or welfare, or the manner of operation constitutes or is creating a nuisance.
2. Variances. A Variance or Minor Variance may be revoked or modified by the review authority which originally approved the Variance or Minor Variance, if the review authority first makes any one of the following findings, in addition to any one of the findings specified in Subparagraph C.1., above:
a. Circumstances under which the original approval was granted have been changed by the applicant to a degree that one or more of the findings contained in the original approval can no longer be made in a positive manner, and the grantee has not substantially exercised the rights granted by the Variance or Minor Variance; or
b. One or more of the conditions of the Variance or Minor Variance have not been met, or have been violated, and the grantee has not substantially exercised the rights granted by the Variance or Minor Variance.
D. Hearings and notice.
1. The appropriate review authority shall hold a public hearing to consider revocation or modification of a permit or approval granted in compliance with the provisions of this Development Code.
2. At least 10 days before the public hearing, notice shall be delivered in writing to the original applicant for the permit or approval being considered for revocation or modification, and/or the original owner of the property for which the permit was granted. The only exception to the 10-day notice provision shall be for Temporary Use Permits which, because of their short term nature, shall only require a 24-hour notice.
3. Notice shall be deemed delivered two days after being mailed, certified and first class, through the United States Postal Service, postage paid, to the owner as shown on the County's current equalized assessment roll and to the project applicant, if not the owner of the subject property.
17.725.080 – Initial Enforcement Action
A. Describes the procedures for initiating enforcement. This Section describes the procedures for initiating enforcement action in cases where the Director has determined
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Packet Pg. 1748 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.720 AMENDMENTS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-44 that real property within the City is being used, maintained, or allowed to exist in violation of the provisions of this Development Code.
B. Encourage voluntary cooperation. It is the objective of these provisions to encourage the voluntary cooperation of responsible parties in the prompt correction of violations, so that the other enforcement measures provided by this Chapter may be avoided.
C. Other steps necessary. These provisions shall not limit or prevent the City from taking any other steps necessary to obtain compliance with this Development Code.
D. Notice to responsible parties. The Director shall provide the record owner of the subject site and any person in possession or control of the site with a written Notice of Violation, which shall include the following information:
1. A description of each violation and citations of applicable Development Code provisions being violated;
2. A time limit for correcting the violation(s) in compliance with Subsection E., below;
3. A statement that the City intends to charge the property owner for all administrative costs associated with the abatement of the violation(s) in compliance with Section 17.725.100 (Recovery of Costs), and/or initiate legal action as described in Section 17.725.090 (Legal Remedies); and
4. A statement that the property owner may request and be provided a meeting with the Director to discuss possible methods and time limits for the correction of the violation(s).
E. Time limit for correction.
1. The Notice of Violation shall state that the violation(s) shall be corrected within 14 days from the date of the notice to avoid further enforcement action by the City, unless the responsible party contacts the Director within that time to arrange for a longer period for correction.
2. The 14-day time limit may be extended by the Director upon a showing of good cause.
3. The Director may also require through the Notice of Violation that the correction occur within less than 14 days if the Director determines that the violation(s) constitutes a hazard to public health or safety.
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Packet Pg. 1749 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) AMENDMENTS 17.720
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-45 F. Use of other enforcement procedures. The enforcement procedures of Section
17.725.090 (Legal Remedies) may be employed by the City after or instead of the provisions of this Section where the Director determines that this Section would be ineffective in securing the correction of the violation(s) within a reasonable time.
17.725.090 – Legal Remedies
The City may choose, in addition to or in lieu of other actions, to undertake any one or all of the following legal actions to correct and/or abate any nuisances or violation(s) of this Development Code.
A. Civil actions.
1. Injunction. The City Attorney, upon order of the Council, may apply to the Superior Court for injunctive or other appropriate relief to terminate a violation(s) of this Development Code.
2. Abatement proceedings. The City Attorney, upon order of the Council, shall apply to the Superior Court for an order authorizing the City to undertake actions necessary to abate the violation(s) and require the violator to pay for the cost of the actions.
3. Nuisance abatement. The City may pursue any remedies or enforcement action(s), as provided in the Municipal Code or other applicable law for the abatement of a nuisance.
B. Civil remedies and penalties.
1. Civil penalties. Any person who violates the provisions of this Development Code or any permit issued in compliance with this Development Code shall be liable for a civil penalty of up to $1,000.00 for each day, or a portion of the day, that a violation(s) continues to exist.
2. Costs and damages. Any person violating any provisions of this Development Code or any permit issued in compliance with this Development Code, shall be liable to the City for the costs incurred and the damages suffered by the City, its agents, and agencies as a direct result of the violation(s), including reasonable attorney fees and costs.
3. Procedure. In determining the amount of the civil penalty to impose, the Court should consider all relevant circumstances, including the extent of the harm caused by the conduct constituting a violation(s), the nature and persistence of the conduct, the length of time over which the conduct occurred, the assets, liabilities, and net worth of the defendant, whether corporate or individual, and any corrective action taken by the defendant.
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Packet Pg. 1750 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.720 AMENDMENTS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-46 C. Criminal actions and penalties. See Subsection 17.725.040.C. (Criminal violations), above.
17.725.100 – Recovery of Costs
This Section establishes procedures for the recovery of administrative costs, including staff and City Attorney time expended on the enforcement of the provisions of this Development Code in cases where no permit is required in order to correct a violation. The intent of this Section is to recover City administrative costs reasonably related to enforcement in compliance with Code of Civil Procedure Section 1033.5, Municipal Code Section 1.24.060 (Recovery of costs), Municipal Code Section 8.44.190 (Cost of abatement), and this Section.
A. Record of costs.
1. The Department shall maintain records of all administrative costs incurred by responsible City departments, including City Attorney costs, associated with the processing of violations and enforcement of this Development Code, and shall recover the costs from the property owner in compliance with this Section.
2. Staff time shall be calculated at an hourly rate as established and revised from time to time by the Council, or the actual rate charged to the City.
B. Notice. Upon investigation and a determination that a violation of any of the provisions of this Development Code or any condition(s) imposed on a permit or approval is found to exist, the Director shall notify the record owner or any person having possession or control of the property by mail, of the existence of the violation(s), the Department's intent to charge the property owner for all administrative costs associated with enforcement, and of the owner's right to a hearing on any objections they may have. The notice shall be in a form approved by the City Attorney.
C. Summary of costs and notice.
1. At the conclusion of the case, the Director shall send a summary of costs associated with enforcement to the owner and/or person having possession or control of the property by certified and first class mail.
2. The summary shall include a notice in a form approved by the City Attorney, advising the responsible party of their right to request a hearing on the charges for City cost recovery within 10 days following the date of the notice, and that if no request for hearing is filed, the responsible party will be liable for the charges.
3. In the event that no request for hearing is timely filed or, after a hearing the Director affirms the validity of the costs, the property owner or person in control shall be liable to the City in the amount stated in the summary or any lesser amount as determined by the Director.
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Packet Pg. 1751 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) AMENDMENTS 17.720
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-47
4. The costs shall be recoverable in a civil action in the name of the City, in any court of competent jurisdiction, or by tax assessment or a lien on the property in compliance with Government Code Section 54988, at the City’s election.
5. The obligation to pay any unpaid costs shall be made a personal obligation of the property owner. The obligation may be recovered against the property owner through a civil action initiated by the City or its authorized collection agent, or in any other manner provided for by law. The City shall be entitled to recover costs of the civil action, including the City’s attorney’s fees.
D. Attorney’s fees. In any action or administrative proceeding to enjoin, or abate a nuisance, or seek a civil penalty, the prevailing party in the action or proceeding shall be entitled to recover reasonable attorney’s fees; however, the amount of attorney’s fees awarded to a prevailing party shall not exceed the amount of attorney’s fees incurred by the City in the action or proceeding. Further, an award of attorney’s fees in compliance with this Section shall only be allowed where the City elects, at the initiation of the action or proceeding, to seek recovery of its own attorney’s fees.
E. Request for hearing on costs. Any property owner, or other person having possession and control of the subject property, who receives a summary of costs shall have the right to a hearing before the Community Preservation Committee in compliance with Municipal Code Section 8.44.210 (Cost report—Hearing and proceedings).
1. A request for hearing shall be filed with the Department within 10 days following the service by mail of the Department's summary of costs, on a form provided by the Department.
2. Within 30 days following the filing of the request, and on 10 days written notice to the owner, the Community Preservation Committee shall hold a hearing on the owner's objections, and determine their validity.
3. In determining the validity of the costs, the Community Preservation Committee shall consider whether total costs are reasonable in the circumstances of the case.
Factors to be considered include:
a. Whether the present owner created the violation(s);
b. Whether there is a present ability to correct the violation(s); c. Whether the owner moved promptly to correct the violation(s); d. The degree of cooperation provided by the owner; and e. Whether reasonable minds can differ as to whether a violation(s) exists.
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Packet Pg. 1752 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
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SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-48
4. The Community Preservation Committee’s decision shall be appealable directly to the Council in compliance with Municipal Code Section 8.44.240 (Grievance with final order—Appeal to City Council).
17.725.110 – Additional Permit Processing Fees
Any person who establishes a land use, or alters, constructs, demolishes, enlarges, erects, maintains, or moves any structure without first obtaining any permit required by this Development Code, shall pay the additional permit processing fees established by the City’s Planning Fee Schedule for the correction of the violations, before being granted a permit for a use or structure on the site.
17.725.120 – Reinspection Fees
A. Amount and applicability of reinspection fee.