Article 6 — Planning Permit Procedures
Chapter 17.60 - Application Filing and Processing
Chapter 17.64 - Permit Implementation, Time Limits, and Extensions
Chapter 17.60 - Application Filing and Processing
Sections:
17.60.010 - Purpose of Chapter
This
Chapter provides procedures and requirements for the preparation, filing, and
processing of applications for the land use permits required by this Zoning
Code.
17.60.020 - Authority for Land Use and Zoning Decisions
Table
6-1 (Review Authority) identifies the City official or body responsible for
reviewing and making decisions on each type of application, land use permit,
and other approvals required by this Zoning Code.
17.60.030 - Concurrent Permit Processing
- When a single project incorporates different
land uses or features so that this Zoning Code requires multiple land use
permit applications, the Director may determine that all of the applications
shall be filed concurrently, and reviewed, and approved or disapproved, by the
highest level review authority assigned by Table 6-1 to any of the required
applications. (For example, a project that requires a Zoning Map amendment and
a Conditional Use Permit may be reviewed, and approved or disapproved by the
Council (after a recommendation from the Commission), where a Conditional Use
Permit application by itself may be reviewed and acted upon by the Hearing
Officer.)
- The Director may authorize use of a single
application form and submittal materials for multiple land use applications
required by this Zoning Code.
17.60.040 - Application Preparation and Filing
The
preparation and filing of applications for land use permits, amendments (e.g.,
General Plan and Zoning Map), and other matters pertaining to this Zoning Code
shall comply with the following requirements.
- Standard procedures. The standard procedures contained in this Section
apply to all applications for discretionary permits required under this Zoning Code
and under Municipal Code Title 16 (Subdivision Ordinance).
- Compliance with procedures. All permits shall be processed in compliance with
the standard procedure, except as otherwise provided by this Zoning Code, or
State or Federal law.
- Predevelopment Plan Review.
- Purpose. The purposes of a predevelopment plan review are to:
- Achieve better projects through
early consultation between City staff and applicants;
- Coordinate reviews of projects
among City staff and City departments;
- Familiarize applicants for the
projects with the regulations and procedures that apply to the projects;
- Avoid significant investment in
the design of a project without preliminary directions from City staff;
- Identify issues that may arise
during review of the projects (e.g., conformance with any applicable design
guidelines, conformance with the goals, policies, and objectives of the General
Plan and the purpose and intent of any applicable specific plan, environmental
requirements and possible recommended mitigation measures, possible recommended
conditions of approval, requirements for public improvements, and possible
concerns from adjoining neighborhoods);
- Provide opportunities for
discussion about the projects and an exchange of information on potential
issues between City staff and the applicants for the projects; and
- Inform the Council and the
public of proposed development projects defined in the administrative
guidelines to be of communitywide significance, by presenting the predevelopment
plan review report at a Council meeting. This presentation shall only be for
the purpose of informing the Council and the public of a proposed project, and
not for the purpose of discussing the merits of the proposed project.
- Applicability.
- Mandatory review. A predevelopment plan review shall be required for
projects subject to one or more of the following approvals:
- Optional review. The predevelopment plan review shall be conducted if
requested by an applicant for a project that would require a discretionary land
use entitlement or a Zoning Map amendment.
- Procedures.
- Scheduling. A predevelopment plan review shall be conducted
before deeming an application complete, in compliance with Section 17.60.060
(Initial Application Review), below. However, the Director may authorize
subsequent phases of a predevelopment plan review to be conducted after the
application is deemed complete.
- Meeting. The predevelopment plan review shall be conducted at
a meeting in which the applicant for a project is invited and the
applicable/responsible City department staff are in attendance.
- Applicable/responsible
staff. The City Manager, or
designee, shall determine which City departments shall participate. The
Director shall designate the staff person(s) to be responsible for scheduling
and conducting the predevelopment plan review.
- Disclaimer. Neither the predevelopment plan review nor
information or pertinent policies provided by the City Departments shall be
construed as a City recommendation for approval or disapproval of the
application/project.
- Written report. A written report containing the results of the
predevelopment plan review and the staff comments on the project shall be
provided to the applicant. For projects that are defined in the administrative
guidelines to be of communitywide significance, the written report shall also
be presented to the Council.
- Administrative guidelines. The City Manager, or designee, shall issue
administrative guidelines for implementation of the predevelopment plan review
process.
- Application
contents and fee. The Director shall
establish in writing the submittal requirements for permit applications
required by this Zoning Code. All applications shall include the following
submittal materials, as well as any additional materials identified by the
Director:
- A signed
application form;
- The application fee, if
required, in compliance with the Council's
Fee Resolution;
- A completed environmental
assessment form if the project is subject to the California Environmental
Quality Act (CEQA), unless the form has been submitted with a previous
application for the project; and
- Where the application requires
mailed a public notice in compliance with Chapter 17.76 (Public Hearings), a
map showing the location and street address of the project and all lots within
the required notice-mailing radius for the permit, and a mailing list, keyed to
the map, containing the names and addresses of the record owners of each lot,
as shown on the County's latest equalized property tax assessment roll, in
compliance with Chapter 17.76 (Public Hearings).
- Eligibility, filing. All land use permit and other applications required
by this Zoning Code shall be filed with the Department. Applications may be
made by:
- The owner of the subject
property; or
- Any authorized agent or
representative, with the written consent of the property owner.
- Filing date. The filing date of an application shall be the date
on which the Department receives the last submission, map, plan, or other
material required as a part of that application by Subsection A., in compliance
with Section 17.60.060 (Initial Application Review) and deemed complete by the Director.
- Revised materials. Whenever an applicant desires/needs to file revised
materials, the materials shall be submitted at least 10 days before a public
hearing on the application. However, the Director may choose to accept revised
materials after that time, upon determining that there is sufficient time to
review them before the hearing date. In addition, the applicable review
authority may continue an application until the next available meeting date in
order to adequately evaluate materials received after the date of receipt of
the application package.
17.60.050 - Application Fees
- Filing fees required.
- The Council, by resolution,
shall adopt a schedule of fees and charges for the various applications,
approvals, extensions, filings, inspections, licenses, permits, reviews,
services, and other actions required or provided for under this Zoning Code or
required by State or Federal law or regulation and pertaining to any action
specified in this Zoning Code. This schedule of fees and charges shall be
referred to in this Zoning Code as the Council's Fee Resolution.
- These fees and charges shall not
exceed the reasonable estimated costs of the City expended in filing,
performing the inspection, processing the application, providing the service,
or undertaking the action or review required or provided by this Zoning Code.
- The schedule of fees may be
changed from time to time only by resolution of the Council.
- City action shall not be taken
with regard to any application, approval, extension, filing, inspection,
license, permit, review, service, or other action until payment of the
applicable fee or charge is made to the City.
- Initial processing shall not
commence on an application until all required fees/deposits have been paid.
Without the application fee, or a deposit if appropriate, the application shall
not be deemed complete.
- The City is not required to
continue processing any application unless additionally required fees/deposits
(e.g., additionally required "real cost" deposits) are paid in full.
- Failure to pay the applicable
fees/deposits is grounds for disapproval of the application.
- Refunds and withdrawals.
- Recognizing that filing
fees are utilized to cover City costs of public hearings, mailing, posting,
transcripts, and staff time involved in processing applications, no refunds due
to a disapproval are allowed.
- In the case of a withdrawal, the
Director may authorize a partial refund based upon the prorated costs to date
and determination of the status of the application at the time of withdrawal.
17.60.060 - Initial Application Review
All
applications filed with the Department in compliance with this Zoning Code shall
be initially processed as follows.
- Completeness review. The Director shall review all applications for
completeness and accuracy before they are accepted as being complete in
compliance with Section 17.60.040.B (Application contents and fees) above.
- Notification of applicant. The applicant shall be informed in writing within 30
days of submittal 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 letter, shall be provided. All additional
information needed shall be identified in the letter providing notice of an
incomplete application.
- Appeal of determination. Where the Director has determined that an
application is incomplete, and the applicant believes that the application is
complete or that the information requested by the Director is not required, the
applicant may appeal the determination in compliance with Chapter 17.72
(Appeals).
- Environmental information. The Director may require the applicant to submit
additional information needed for the environmental review of the project in
compliance with Section 17.60.070 (Environmental Assessment), below.
- Expiration of application. If the applicant does not provide the additional
information required in compliance with Subsection A.1, above, within 120 days
after the date of the letter requesting the additional information, the
Director may consider the application withdrawn if the Director determines that
reasonable progress toward completion of the application has not occurred.
Application processing shall not resume thereafter until a new application is
filed, including fees, plans, exhibits, and other materials that are required
for any project on the same site.
- Criteria for acceptance. An application shall not be accepted as complete
unless or until the Director determines that it is:
- In compliance with zoning
district requirements applicable to the site, except for a Zoning Map
Amendment, Variance, or prezoning filed in compliance with Chapter 17.74
(Amendments); and
- Includes all information and
materials required by Section 17.60.040.B (Application contents and fees).
- Violations
on the site.
- The Director shall not find the
application complete, and shall not process or approve the application, if
conditions exist on the site in violation of this Zoning Code or any permit or
other approval granted in compliance with this Zoning Code, except for an
application for a permit or entitlement, if any, needed to correct the
violation.
- The Director's authority under this Subsection shall apply whether:
(1) The current applicant was the
owner of the subject property at the time the violation occurred; or
(2) The applicant is the current
owner of the subject property with or without actual or constructive knowledge
of the violation at the time of acquisition of the subject property.
- The Director's decision may be appealed in compliance with Chapter
17.72 (Appeals).
- Referral of application. At the discretion of the Director, or where
otherwise required by this Zoning Code, State, or Federal law, any application
filed in compliance with this Zoning Code may be referred to any public agency
that may be affected by or have an interest in the proposed land use activity.
17.60.070 - Environmental Assessment
After
acceptance of a complete application, the project shall be reviewed as required
by the California Environmental Quality Act (CEQA) and the City's Environmental Policy Guidelines.
17.60.080 -
Temporary Silhouette Requirement
A. Mandatory requirement.
When a second-story portion of a residential (RS or RM-12) project requires
a variance (such as, height, encroachment plane, floor area requirement or
setbacks), the applicant shall be required to construct a temporary silhouette
that depicts the proposed project.
B. Optional requirement.
When a land use permit has been applied for, the Director or Zoning
Administrator may require the applicant to construct a temporary silhouette that
depicts the proposed project.
C.
Silhouette standards.
1. The temporary silhouette
shall consist of wood posts or other rigid materials at all corners of the
structure and at either end of the proposed ridgelines, with a taut rope marked
by triangular flagging connecting the posts.
2. The top one foot of the
posts shall be painted red or orange to demarcate the height of the proposed
structure.
3. The temporary silhouette
shall be constructed at least 14 days prior to the public hearing and remain in
place throughout the required noticing period and the appeal period. The Zoning
Administrator or the Director may require the silhouette to be constructed more
than 14 days before the hearing. The applicant shall not construct the
temporary silhouette until instructed to do so.
4. The Zoning Administrator
or the Director may modify these standards as needed.
D. Waiver. The
applicant shall submit an application to the City which absolves the City of any
liability associated with construction or damage by the temporary silhouette.
E. Certification. The
applicant shall submit to the City an affidavit verifying that the silhouette
was constructed on the site in a timely manner and in compliance with this
Section.
F. Removal. The
silhouette shall be removed within 10 days after the decision has become
effective.
Chapter 17.61 - Permit Approval or Disapproval
Sections:
17.61.010 - Purpose of Chapter
- Permit review procedures. This Chapter provides procedures for the final
review and approval or disapproval of the land use permit applications
established by this Zoning Code.
- Subdivision review procedures. Procedures and standards for the review and approval
of subdivision maps are found in Title 16 of the Municipal Code.
- Application filing and initial processing. Where applicable, the procedures of this Chapter are
carried out after those described in Chapter 17.60 (Application Filing and
Processing), for each application.
17.61.020 - Code Compliance Certificates
- Purpose. This Section provides a procedure for issuing a Code Compliance
Certificate which is a form provided by the City, certifying that a use,
structure, or sign complies with this Zoning Code. It shall include a
statement that the applicant is the property owner, tenant, or authorized
agent.
- Certificated issued in error. A Code Compliance Certificate issued in error or
based on false, incomplete, or misleading information shall be deemed void.
- Business License. A Business License shall not be issued unless a Code
Compliance Certificate has been issued by the responsible City official.
- Signs.
Signs not required to have a Building Permit shall receive a Code Compliance
Certificate before their installation or application.
17.61.030 - Design Review
- Purpose. Design Review is intended to implement urban design goals and policies
and the Citywide design principles in the General Plan and to apply the City's adopted design guidelines to Design Review. More
specifically, the purposes of Design Review are to:
- Apply Citywide urban design
principles to ensure that new construction supports the best of the City's architectural traditions;
- Encourage new structures that
show creativity and imagination, add distinction, interest, and variety to the
community, and are environmentally sustainable;
- Promote architectural and design excellence in
new construction and discourage poor- quality development;
- Ensure that future development should:
- Reflect the values of the community;
- Enhance the surrounding environment;
- Visually harmonize with its surroundings and not
unnecessarily block scenic views; and
- Avoid nostalgic misrepresentations that may
confuse the relationships among structures over time.
- Ensure that new landscaping provides a visually
pleasing setting for structures on the site;
- Promote the protection and retention of
landmark, native, and specimen trees and if feasible mature canopy trees and
other significant landscaping of aesthetic and environmental value;
- Ensure that the design, quality, and location
of signs are consistent with the character and scale of the structures to which
they are attached and are visually harmonious with surrounding development; and
- Promote the conservation, enhancement,
preservation, and protection of historic resources.
- Applicability. All projects are subject to Design Review in
compliance with this Section, excluding exempted projects identified in
Subparagraph 5., below.
- Review authority.
The review authority for Design Review is specified in
Tables 6-2 and
6-3, below.
- Design Commission may delegate to the Director. The Design Commission may delegate other review and
approval functions to the Director.
- Role of design guidelines.
- Provide guidance. The approved design guidelines shall provide
appropriate guidance to applicants and the applicable review authority (e.g.,
Design Commission or Director) on how projects subject to Design Review shall
be evaluated.
- Consistency with design
guidelines required. Design Review
approval requires a finding of consistency with the applicable design
guidelines. (See Subsection K. [Findings], below.)
- Adopting new or modified
guidelines. The Design Commission
shall review and comment on proposed new design guidelines, or modifications to
existing guidelines, and shall forward a written recommendation to the Council
for its consideration when adopting the new or modified guidelines.
- Exemptions and limitations. The following projects are exempt or otherwise limited
from Design Review in all districts:
- Projects not visible from
public view. Projects that in their
entirety are not visible from the public right-of-way.
- Projects with only partial
public view.
(1) Design Review shall
concentrate on those exterior portions of the structure and related features
that are in full or partial view from the public right-of-way.
(2) Design Review may also
consider interior courtyards and building elevations out of public view in
order to improve the visual relationship between new construction and its
surroundings, to create more open views and improved access to light and air,
and to ensure that predominant architectural and landscaping treatments are
appropriately incorporated into the secondary elevations and open space of the
structure.
- Interior features and
interior alterations. Interior
features and interior alterations are exempt from Design Review unless they
materially affect a structure's appearance
from the public right-of-way.
- Signs. Signs having no words or symbols exceeding three
inches in height and temporary signs and banners are exempt from Design Review.
Table 6-2 — Thresholds for Design Review
and Demolition Review in the Central District
|
Project Type
|
Review Authority
|
|
Structures
up to 5,000 sq. ft.* or residential projects with nine or fewer dwelling
units.
|
Director
|
|
Structures
5,000 sq. ft.* or more or residential projects with 10 or more dwelling
units.
|
Design Commission
|
|
Arroyo Corridor, Civic Center, Lake Avenue, Old Pasadena, Playhouse
District, and Urban Housing.
|
|
Structures
up to 10,000 sq. ft.*
|
Director
|
|
Structures
10,000 sq. ft.* or more.
|
Design Commission
|
|
A. Civic Center, Lake Avenue, Old Pasadena, and Playhouse District.
|
|
All
structures.
|
Director
|
|
B. Arroyo Corridor and Urban Housing.
|
|
Historic resources.
|
Director
|
|
All
other structures.
|
No Review
|
|
All
structures.
|
Director
|
|
New
signs and awnings, replacement of existing building identity signs in
existing locations (copy/logo change only).
|
Director
|
|
New
building identity wall signs.
|
Design Commission
|
|
Structures
ineligible for historic designation.
|
Director
|
|
Historic resources.
|
Design Commission
|
|
New construction of structures up to 5,000 sq. ft.* (for projects
open to public view) and major rehabilitation or substantial alterations to
existing buildings up to 10,000 sq. ft.*
Minor projects, as defined in Section
17.80.020.H, affecting
historic resources. |
Director
|
|
New construction of structures 5,000 sq. ft.* or more and
major rehabilitation or substantial alterations to existing buildings
10,000 sq. ft.* or more.
Major projects, as defined in Section 17.80.020.H, affecting
historic resources. |
Design Commission
(with advisory review by Historic
Preservation Commission for projects affecting
historic resources) |
*Sq.
ft. means total amount of gross floor area expressed in square feet.
TABLE 6-3 — Thresholds for Design Review
Outside the Central District and All Other Districts
|
A. Major Corridors.
|
|
Structures
5,000 sq. ft., up to and including 25,000 sq. ft.* (with street frontage).
|
Director
|
|
Structures
over 25,000 sq. ft.* (with or without street frontage).
|
Design Commission
|
|
B. Areas with Specific Plans.
|
|
East Colorado, East Pasadena, Fair Oaks-Orange Grove and So. Fair Oaks.
|
|
Structures
5,000 sq. ft., up to and including 25,000 sq. ft.* (with street frontage).
|
Director
|
|
Structures
over 25,000 sq. ft.* (with or without street frontage).
|
Design Commission
|
|
West Gateway
|
|
Structures
up to and including 25,000 sq. ft.*
|
Director
|
|
Structures
over 25,000 sq. ft.* (with or without street frontage).
|
Design Commission
|
|
North Lake |
|
Additions up to and including 500 sq. ft. except on street-facing elevations |
Director
|
|
All other projects |
Design Commission
|
|
C. City of Gardens Standards and Senior Housing in PS District.
|
|
Nine
or fewer dwelling units.
|
Director
|
|
Ten
or more dwelling units.
|
Design Commission
|
|
All projects in a designated landmark or historic
district outside of the Central District.
|
Historic Preservation Commission
|
|
D. Elsewhere — Citywide.
|
|
Structures
5,000 sq. ft., up to and including 25,000 sq. ft.* (with street frontage).
|
Director
|
|
Structures
over 25,000 sq. ft.* (with or without street frontage).
|
Design Commission
|
|
A. Major Corridors.
|
|
Structures
up to and including 25,000 sq. ft.* (with street frontage).
|
Director
|
|
Structures
over 25,000 sq. ft.*
|
Design Commission
|
|
B. North Lake Specific Plan
|
|
Structures
up to and including 500 sq. ft. |
Director
|
|
All other projects |
Design Commission
|
|
West Gateway Specific Plan.
|
|
Qualifying
historic structures, designated or eligible for designation.
|
Director
|
|
All
other structures.
|
No Review
|
|
New
signs and awnings (for all projects requiring Design Review only).
|
Director or
Design Commission
|
|
Minor
rehabilitation and minor alterations.
|
No Review
|
|
Major
rehabilitation of an existing facility.
|
Director
|
|
New
construction of a new facility.
|
Design Commission
|
|
New construction of structures up to 5,000 sq. ft.* (for projects
open to public view) and major rehabilitation or substantial alterations to
existing buildings up to 10,000 sq. ft.*
Minor projects, as defined in Section
17.80.020.H, affecting
historic resources. |
Director |
|
New construction of structures 5,000 sq. ft.* or more and
major rehabilitation or substantial alterations to existing buildings
10,000 sq. ft.* or more.
Major projects, as defined in Section
17.80.020.H, affecting
historic resources. |
Design Commission
(with advisory review by Historic
Preservation Commission for projects affecting
historic resources) |
*Sq.
ft. means total amount of gross floor area expressed in square feet.
- Scope
and stages of Design Review.
- Stages of Design Review. Design Review shall consist of the following three
stages:
- Preliminary consultation; (See Subsection D.,
below.)
- Concept Design Review; and (See Subsection E.,
below.)
- Final Design Review. (See Subsection F., below.)
- Combining Design Review. The Director may authorize combining of Concept and
Final Design Review into a one-step Consolidated Design Review. (See Subsection
G., below.)
- May require 50 Percent Design
Review.
- As a condition of Concept
Design Review, the Design Commission may require an advisory 50 Percent Design
Review of a project.
- The 50 Percent Design Review
shall be advisory and not subject to an appeal or call for review.
- Preliminary consultation. Preliminary consultation is an informal discussion
between the Director and the applicant to explain to the applicant the
applicable design guidelines, findings, and procedures that will apply to the
project, and to discuss compliance of the project with the design guidelines.
- Concept
Design Review.
- Purpose. Concept Design Review is the primary step in the
Design Review process. Applications for Concept Design Review normally address
the basic design of a project, including compatibility with surroundings,
massing, proportion, siting, solid-to-void relationships, and compliance with
applicable design guidelines.
- Procedures. Concept Design Review applications shall be
processed in compliance with Chapter 17.60 (Application Filing and Processing)
except as provided in this Section.
- Public hearing required. A public hearing shall be held on all Concept Design
Review applications for which the Design Commission is the original review
authority. The hearing shall be noticed and conducted in compliance with
Chapter 17.76 (Public Hearings).
- Period of validity.
Concept Design Review
approval
shall be subject to the validity provisions of Chapter 17.64 (Permit
implementation time limits and extensions).
- Final
Design Review.
- Purpose. Final Design Review is the final phase of the review
process. It normally focuses on construction details, finishes, materials, and
landscaping, and on consistency of the project with the design approved during
Concept Design Review and compliance with the conditions of the approved
Concept Design Review.
- Review authority. The Director shall be the review authority for Final
Design Review, unless the Design Commission, acting as review authority during
Concept Design Review, requires that it also conduct Final Design Review.
- Public hearing not required. A public hearing is not required for Final Design
Review.
- Period of validity. Final Design Review approval
shall be subject to the validity provisions of
Chapter 17.64 (Permit Implementation, Time Limits, and Extensions).
- Consolidated
Design Review.
- One-step procedure. The Director may authorize consolidating Concept and
Final Design Review applications into a one-step procedure.
- Comply with Concept
procedures. Applications for
Consolidated Design Review shall be processed in compliance with the procedures
for Concept Design Review.
- Period of validity. The period of validity shall be the same as for
Final Design Review.
- Expedited
Design Review.
- Awnings, paint colors, and
signs. Applications for awnings,
paint colors, and signs that meet the following criteria may be approved at the
sole discretion of the Director, but with a five-day appeal period in
compliance with Chapter 17.72 (Appeals):
- Application is to replace a
similar item existing on the structure in the same general location (e.g., like
for like);
- Awning fabric replacement;
- Change of a face panel or copy on an existing
sign;
- Change of logo/graphics for an existing sign;
- Paint scheme changes;
- Replacing a projecting, flat-paneled sign on an
existing bracket(s); and
- Wall-mounted sign with no interior illumination.
- Required findings; Compliance
with Zoning Code and consistency with design guidelines. In all cases the request shall comply with the
awning and sign regulations in the Zoning Code and shall be consistent with the
design guidelines B as determined to be applicable by the Director.
- Procedures.
- Standard procedures. The provisions of Chapter 17.60 (Application Filing
and Processing) shall apply to the Design Review process, except as modified by
this Section.
- Time limits on Director's decisions.
Where the Director is the review authority, and a public hearing is not
required, the Director shall render a decision on the application, and provide
written notice thereof to the applicant, within 15 days of finding the
application complete.
- Notice of decision. Written notice of all decisions on Design Review
applications shall be provided to the applicant after the decision is made.
- Effective date. Final action on a Design Review shall be effective
on the 11th day after the date of the decision, in compliance with Chapter
17.64 (Permit Implementation, Time Limits, and Extensions).
- Design conditions.
- Changes in a project required
as a condition of Design Review approval may include density, height, open
space, parking or loading, and sign requirements, as long as the conditions are
not more restrictive than those prescribed by applicable zoning district
regulations or a valid Adjustment Permit, Conditional Use Permit, Development
Agreement, Master Plan, Planned Development, Variance, or other legislative or
zoning entitlements.
- The role of Design Review for
projects proposing new and amended Master Plans and Planned Developments shall
be limited to recommendations to the Commission and Council on aesthetic and
urban design issues related to architecture, landscaping, site plan, and
related aesthetic issues, as well as historic preservation. Additionally,
recommendations regarding the future scope of Design Review for the area within
a Master Plan, and comments on the aesthetic/cultural resources of a draft
environmental study are appropriate.
- Design Review may require
appropriate site plan revisions (e.g., different arrangements of open space),
as well as revisions to the proposed building massing and transitions in scale
of the structure(s), especially in historic districts to achieve greater
compatibility between new construction and existing historic resources.
- Modifications.
- Minor changes. The Director or the Design Commission
may, without notice or public hearing, approve minor changes to the plans, elevations, or
conditions of approval upon determining that the changes are minor and
consistent with the intent of the original approval.
- Major changes. Major revisions shall be subject to the provisions
governing changes to an approved project in compliance with Chapter 17.64
(Permit Implementation, Time Limits, and Extensions).
- Public
hearing provisions.
- Standard notice provisions. Where a public hearing is required, notice shall be
given and the hearing shall be conducted in compliance with Chapter 17.76
(Public Hearings).
- Notice for alteration projects. Where the project for which the hearing is held
involves only alterations, mailed and posted notice shall be distributed within
500 feet of the subject site's boundaries,
in compliance with Chapter 17.76
(Public Hearings).
- Combined notice allowed. Combined notice may be given where:
- A project requires a discretionary permit, in
addition to Design Review, in compliance with this Zoning Code;
- The permit will authorize
construction of the project; and
- The hearing for the permit is held
before the Design Review hearing.
- Combined
notice provisions.
- In these cases, the hearing notice for the
Design Review hearing may be combined with the hearing notice for the
underlying permit hearing and a separate hearing notice for the Design Review
hearing need not be prepared and distributed.
- The hearing notice shall state that a hearing on
the design of the project will be held at a future date, and shall identify the
name, address, and phone/fax number or e-mail address of a staff person to
contact for information regarding the Design Review hearing date.
- Findings. The following findings shall be made before approval of a Design Review
application.
- For all applications. The project's
design is consistent with
- The purposes of this Section; and
- Any applicable design guidelines adopted by the
Council.
- Historic resources in the Central District. In addition to the two findings identified in
Subparagraph 1., above, the alteration to a designated historic resource or
resource qualifying for a historic designation in the Central District is
consistent with the Secretary's Standards.
- Alterations to structures with 6L or 7N status
code. In addition to the two
findings in Subparagraph 1., above, the alteration to a structure with 6L or 7N
status code in the Central District is consistent with the Secretary's Standards, or alternatively, with other adopted
design guidelines. The Director may choose not to apply these standards due to
a loss of historic integrity or setting.
- Demolitions, relocations, and demolitions
without a Building Permit for a replacement structure in the Central District. In addition to the two findings identified in
Subparagraph 1., above, the demolition, relocation, and demolition without a
Building Permit for a replacement structure in the Central District is
consistent with the findings identified in Section 17.62.090 (Alteration, Demolition,
or Relocation of a Historic Resource).
17.61.040 - Temporary Use Permits
- Purpose. This Section establishes procedures for the granting of Temporary Use
Permits that:
- Allow for short-term activities requiring
individual consideration but not intensive review; and
- May not meet the normal development or use
standards of the applicable zoning district, but may be acceptable because of
their temporary, short-term nature.
- Applicability. Temporary land use activities shall not be
conducted, established, or operated in any manner without the approval and
maintenance of a valid permit, if required in compliance with this Section.
The following categories of temporary uses identify the level of permit
required, if any, based on the proposed duration, size, and type of use:
- Exemptions. Exempt temporary uses are identified in Subsection C. (Exempt
temporary uses), below;
- Allowed by right. Temporary uses identified by Article 2 (Zoning
Districts, Allowable Land Uses, and Zone-Specific Standards) as allowed by
right, subject to compliance with applicable standards (e.g., tents); or
- Temporary Use Permit required. Temporary Use Permits are required for all
activities identified in Subsection D. (Allowed temporary uses), below.
- 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 Subsection D.
(Allowed temporary uses), below.
- City Hall. Any temporary activities conducted at City Hall.
- Construction yards — On-site.
On-site contractors' construction yards in conjunction with an approved
construction project on the same site. 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.
(See
Interpretation)
- Emergency facilities. Emergency public health and safety needs/land use
activities.
- Filming Permit. Activities associated with an approved Filming
Permit.
- Rose Bowl site, City parks, and streets. An activity in which the City has granted a Special
Event Permit or which has authorization for an activity from the Director of
Public Works.
- Car washes. Car washes conducted by a qualifying sponsoring
organization on nonresidential properties. 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. Temporary Car washes shall not
occur on a site more than four times per calendar year and may not operate for a
continuous period of more than 72 hours
- Allowed
temporary uses. The following
temporary uses may be allowed, subject to the issuance of a Temporary Use
Permit by the Zoning Administrator. Uses that do not fall within the
categories defined below shall comply with the use and development regulations
and land use permit review provisions that otherwise apply to the property.
- Construction yards — Off-site.
Off-site contractors' construction yards, in conjunction with an approved
construction project
for a maximum period of 12 months. The permit shall expire and 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. (See also Subsection D.7., below, regarding
temporary work trailers.)
- Events. The following events are allowed in non-residential
districts.
- Amusement rides, animal shows,
arts and crafts exhibits, auctions, carnivals, circuses, concerts, fairs,
festivals, flea markets, food events, outdoor entertainment/sporting events,
rodeos, rummage sales, second-hand sales, and swap meets for 12 consecutive
days or less, or six two-day weekends, within a 12-month period.
- Farmers' markets conducted on a weekly basis for a maximum
period of 12 months.
- Outdoor meetings or religious
assembly, for 12 consecutive days or less, within a 90-day/12-month period.
- Outdoor meetings, group
activities, or sales within parking areas, for seven consecutive days or less,
within a 90-day period.
- Outdoor displays/sales. The temporary outdoor display/sales of merchandise
(e.g., parking lot or sidewalk sales), in compliance with Section
17.50.180 (Outdoor Display, Storage, and Seasonal Sales) shall be allowed only in
compliance with the following:
- These activities shall be:
(1) Allowed only on weekends or
on legal holidays and in nonresidential districts; and
(2) Limited to two events in a
12-month period. (Sales on consecutive days are considered one event.)
- Before conducting the event, all
businesses sharing the parking lot shall consent to the event in writing with
copies presented to the Zoning Administrator.
- Only businesses immediately
adjacent to a particular parking lot may utilize that lot for the sale.
- The hours of the event shall be
the same as those normally followed by the participating businesses.
- A maximum of 25 percent of the
existing parking spaces in a particular parking lot may be utilized for the
sale.
- The merchandise displayed
shall:
(1) Be regularly sold on the same
site;
(2) Be removed from the parking
lot at the close of each business day; and
(3) Not impede the flow of
pedestrian and vehicular traffic through the parking lot.
- All parking lot entrances and
exits shall be kept clear.
- Any activity proposed within a
public right-of-way shall require an Encroachment Permit from the Public Works
Department.
- For outdoor display/sale
activities related to the Rose Bowl and Rose Parade, the Zoning Administrator
may modify the standards identified in this Subparagraph, above.
- Temporary model homes. Temporary model homes and related facilities may be
established within the area of an approved residential subdivision project,
solely for the first sale of homes. The application may be approved for a
maximum time period of 18 months.
- Temporary real estate sales
offices. A temporary real estate
sales office may be established within the area of an approved development
project solely for the first sale of homes. The application for a temporary
real estate office may be approved for a maximum time period of 18 months.
- 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 zoning districts.
- Temporary
work trailers.
- A
trailer or mobile home may be used as a temporary work site for employees of a
business:
- A permit for temporary work
trailers may be granted for up to 12 months.
- Similar temporary uses. Similar temporary uses which, in the opinion of the
Zoning Administrator, are compatible with the zoning district and surrounding
land uses, and are necessary because of unusual or unique circumstances beyond
the control of the applicant.
- Application filing, processing procedures,
and action. An application for a
Temporary Use Permit shall be filed with the Department and processed in the
following manner.
- Application requirements. An application for a Temporary Use Permit shall be
filed in compliance with Chapter 17.60 (Application Filling and Processing).
The application shall be accompanied by the information identified in the
Department handout for Temporary Use Permit applications. The applicant shall
be responsible for providing the evidence in support of the findings required
by Subsection G. (Findings and decision), below.
- Time for filing. An application for a Temporary Use Permit shall be
submitted for approval, in compliance with this Section, at least 10 days
before the date that the proposed use is scheduled to take place.
- Applicable review authority. The Zoning Administrator shall be the applicable
review authority for Temporary Use Permits.
- Public hearing requirements. Notice of a public hearing shall not be required for
the Zoning Administrator's decision on a Temporary Use Permit.
- Action. The Zoning Administrator shall make a decision on
the application within three days of deeming the application complete, in
compliance with Section 17.60.060 (Initial Application Review).
- Effective dates. A Temporary Use Permit shall be effective one day
after its approval.
- Standards. Standards for floor areas, heights, landscaping,
parking, setbacks, and other structure and property development standards that
apply to the category of use or the zoning district of the subject site shall
be used as a guide for determining the appropriate development standards for
temporary uses.
- Adjustment of standards. The Zoning Administrator may authorize an adjustment
from the specific standards deemed appropriate or necessary consistent with
the temporary nature of the use.
- Removal of materials and
structures associated with the temporary use. All materials and structures associated with the
temporary use shall be removed from the site within 10 days from the actual
termination of operations, or after the expiration of the Temporary Use Permit,
whichever first occurs.
- Other permits required. Temporary uses may be subject to additional
licenses, inspections, or permits required by applicable local, State, or
Federal requirements.
- Duration of permit.
- A Temporary Use Permit shall be
effective until the date specified by the Zoning Administrator, and not exceed
45 days, unless otherwise specified in this Section.
- A Temporary Use Permit for a
farmers' market shall be effective until the date specified by
the Zoning Administrator, and not exceed 12 months.
- The permit shall become void if
not used within the approved time period.
- Findings and decision. The Zoning Administrator may approve, conditionally
approve, or disapprove an application for a Temporary Use Permit. The Zoning
Administrator may defer action and refer the application to the Commission for
review and decision at a scheduled public hearing. The Zoning Administrator
may approve a Temporary Use Permit only after first finding that:
- The proposed temporary use would
be located, operated, and maintained in a manner in conformance with the goals,
policies, and objectives of the General Plan and the provisions of this Zoning
Code.
- The establishment, maintenance,
or operation of the use would not, under the circumstances of the particular
case, be detrimental to the health, safety, or general welfare of persons
residing or working in the neighborhood of the proposed use;
- The use, as described and
conditionally approved, would not be detrimental or injurious to property or
improvements in the surrounding area or to the public health, safety, or
general welfare of the City; and
- Approved measures for the
removal of the use and site restoration have been required to ensure that no
changes to the site would limit the range of possible future land uses
otherwise allowed by this Zoning Code.
- Conditions of approval. In approving a Temporary Use Permit, the Zoning
Administrator may impose conditions (e.g., buffers, hours of operation,
landscaping and maintenance, lighting, parking, performance guarantees,
property maintenance, signs, surfacing, time limits, traffic circulation, etc.)
deemed reasonable and necessary to ensure that the approval would be in
compliance with the findings required by Subsection G. (Findings and decision),
above, and to preserve the public health, safety, and general welfare.
- 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 thereafter be used in compliance with the
provisions of this Zoning Code. The Zoning Administrator may require
appropriate security before initiation of the use to ensure proper cleanup
after the use is finished.
- Post-
approval procedures.
- General
procedures. The general procedures
relating to changes, expiration, and performance guarantees that are identified
in Article 7 (Zoning Code Administration), and those identified in Chapter
17.64 (Permit Implementation, Time Limits, and Extensions), shall apply
following the decision on a Temporary Use Permit application.
- Specific
Temporary Use Permit procedures.
- Appeal. Only the applicant may appeal a decision on a
Temporary Use Permit.
- Revocation. A Temporary Use Permit may be revoked by the Zoning
Administrator effective immediately upon verbal or written notice for violation
of the terms of the permit.
- Modification. The Zoning Administrator may require changes in the
terms or conditions of an approved Temporary Use Permit at any time while it is
in effect, if needed to ensure that the use may continue to operate consistent
with the required findings identified in Subsection H., above.
17.61.050 - Conditional Use Permits and Master Plans
- Purpose. Conditional Use Permits are intended to allow for activities and uses
which may be desirable in the applicable zoning district and compatible with
adjoining land uses, but whose effect on a site and its surroundings cannot be
determined before being proposed for a particular location. The procedures of
this Section provide for the review of the configuration, design, location, and
potential impacts of the proposed use in order to evaluate the compatibility
of the proposed use with surrounding uses, and the suitability of the use to
the site.
- Applicability. A Conditional Use Permit is required to authorize
proposed land uses and activities identified by Article 2 (Zoning Districts,
Allowable Land Uses, and Zone-Specific Standards) as being allowable in the
applicable zoning district subject to the approval of a Conditional Use Permit,
as well as by other specified sections of this Zoning Code (e.g., shared
parking provisions [17.46.050]).
- Application requirements. An application for a Conditional Use Permit shall be
filed in compliance with Chapter 17.60 (Application Filling and Processing).
The application shall be accompanied by the information identified in the
Department handout for Conditional Use Permit applications. The applicant
shall be responsible for providing the evidence in support of the findings
required by Subsection H. (Findings and decision) below.
- Review authority. Conditional Use Permits
and Minor Conditional Use Permits shall be reviewed by the Hearing Officer
and may be granted in compliance
with the following:
- The Hearing Officer may
grant a Conditional Use
Permit or Minor Conditional Use Permit for any use listed in Article 2 (Zoning
Districts, Allowable Land Uses, and Zone-Specific Standards) as requiring a Conditional Use
Permit or Minor Conditional Use Permit, as well as by other specified sections
of this Zoning Code; or
- Defer action and refer the application directly
to the
Board of Zoning Appeals (BZA).
- Minor Conditional Use Permits. Minor Conditional Use Permits may be granted for only
the following land use activities, in addition to those listed in Article 2
(Zoning Districts, Allowable Land Uses, and Zone-Specific Standards):
- Auctions, for more than two days each month for
the sale of items (e.g., antiques, collectibles, household components, motor
vehicles, etc.) authorized to be sold by the auctioneer;
- Alteration or expansion of a
nonconforming use in compliance with Section
17.71.080.E (Alteration or
enlargement of a nonconforming use or structure shall require a permit);
- Temporary classrooms, offices,
or similar structures, including a manufactured or mobile unit, which may be
approved for a time period exceeding 12 months from the date of original
approval, as an accessory use or as the first phase of a development project;
and
- Temporary enclosed storage,
unrelated to a construction project, that may be approved for a time period
exceeding 12 months from the date of original approval.
- Procedures.
The procedure for a Minor Conditional Use Permit shall
be the same as for a Minor Variance, including those for notice and hearing
upon request.
- Project review, notice, and hearing.
- Each application shall be
analyzed by the
Zoning Administrator to ensure that the application is consistent with the
purpose and intent of this Section. The
Zoning Administrator shall submit a staff report
and recommendation to the
Hearing Officer for consideration on a (Major) Conditional
Use Permit.
- The applicable review authority
shall conduct a public hearing on an application for a Conditional Use Permit
(Major and Minor) before the approval or disapproval of the permit.
- Notice of the public hearing
shall be provided, and the hearing shall be conducted in compliance with
Chapter 17.76 (Public Hearings).
- The applicable review authority
shall render a decision on the application within 10 days following the final
public hearing on the application.
- Findings and decision. Following a public hearing, the applicable review
authority may approve, conditionally approve, or disapprove an application for
a Conditional Use Permit. The review authority may approve a Conditional Use
Permit (Major and Minor) only after first finding that:
- The proposed use is allowed with
a Conditional Use Permit (Major and Minor)
or Hillside Development Permit within the applicable zoning
district and complies with all applicable provisions of this Zoning Code;
- The location of the proposed use
complies with the special purposes of this Zoning Code and the purposes of the
applicable zoning district;
- The proposed use is in
conformance with the goals, policies, and objectives of the General Plan and
the purpose and intent of any applicable specific plan;
- The establishment, maintenance,
or operation of the use would not, under the circumstances of the particular
case, be detrimental to the health, safety, or general welfare of persons
residing or working in the neighborhood of the proposed use;
- The use, as described and
conditionally approved, would not be detrimental or injurious to property and
improvements in the neighborhood or to the general welfare of the City; and
- The design, location, operating
characteristics, and size of the proposed use would be compatible with the
existing and future land uses in the vicinity in terms of aesthetic values,
character, scale, and view protection.
- Master Plans. Master Plans, also known as Master Conditional Use
Permits, shall be processed in compliance with the following provisions:
- Purpose. The purposes of this Subsection are to:
- Establish a procedure which
reduces processing time and uncertainty by consolidating several Conditional
Use Permit hearings over an extended period of time; and
- Ensure orderly and thorough City
review of expansion plans for certain public or semi-public and open space
uses, resulting in more compatible and desirable development.
- Applicability.
- Requirement. The Director may require any use in the PS or OS
district to submit a Master Plan application, appropriate environmental
documents, and plans as required by Subparagraph I.3., below. Outside of the
PS and OS districts, the Director may require any public, semi-public use to
submit a Master Plan application as required by Subparagraph I.3., below. A
Master Plan may be required and submitted even if construction is not imminent.
- Projects that are consistent. After a Master Plan is approved by the Council,
proposed projects consistent with the plan, as determined by the Director,
shall not require a Conditional Use Permit or a Minor Conditional Use Permit,
but shall comply with all other applicable requirements of this Zoning Code.
- Projects that are
inconsistent.
(1) If a project that is
inconsistent with an approved Master Plan is proposed for a site located within
an area covered by a Plan, an application shall be filed for an amendment to
the plan, in compliance with Subparagraph 6.c. (Amendments), below.
(2) In the
alternative, the Director may allow an applicant to apply for a Conditional Use
Permit (Major or Minor), if the permit would be required in the absence of the
Master Plan, for only the following projects:
(a) Changes in parking involving 25
or fewer cars or 300 square feet or less of parking area;
(b) Fences and walls;
(c) Landscaping changes;
(d) Minor changes in internal
parking lot circulation;
(e) Structures of 5,000 square feet
or less of gross floor area; and
(f) Other changes determined to be
minor by the Director.
- Procedures, requirements, review, and findings.
- Standard procedure. Master Plans shall be processed in compliance with
this Section, except as provided in this Subsection.
- Review authority. The Council shall be the applicable review authority
for Master Plans.
- Application requirements. An application for a Master Plan shall be filed in
compliance with Chapter 17.60 (Application Filling and Processing). The
application shall be accompanied by the information identified in the
Department handout for Master Plan applications. The applicant shall be
responsible for providing the evidence in support of the findings required by
Subsection G. (Findings and decision) above.
- Commission's review.
Before consideration by the Council, each Master Plan application shall be
reviewed by the Commission in compliance with Chapter 17.76 (Public Hearings).
The Commission's review shall be advisory to the Council and shall include a
written recommendation on the required findings.
- Historic Preservation
Commission's (HPC) review.
The Historic Preservation Commission (HPC) shall review and make a
recommendation directly to the Council on a proposed Master Plan only if the
plan:
- Design Commission's review. The
Design Commission (DC) shall review and make a recommendation to the Commission
on each proposed Master Plan application.
- Community Development
Committee's review.
The Community Development Committee shall review Master Plan applications
submitted for projects located within redevelopment areas for consistency with
an adopted Redevelopment Plan.
- Findings. The findings required for a Conditional Use Permit,
in compliance with Subsection H. (Findings and decision), above, shall be
required for a Master Plan.
- Variance authority. If the Master Plan includes an application for a
Variance, the applicable review authority shall have the authority to approve,
conditionally approve, or disapprove the Variance, in compliance with the
required Variance findings identified in Subsection 17.61.080.G (Findings and
decision).
- Expiration,
amendments, and subsequent review.
- Expiration. A Master Plan and any other entitlement that were
approved as part of the Master Plan shall expire on the date designated by
the applicable review authority
only if no building permits have been issued or the Master Plan has not been
renewed.
- Renewal. An approved Master Plan may be renewed for a period
approved by the Commission, without notice or public hearing, if the Commission
determines that findings made and conditions imposed on the original approval
still apply. The renewal period, if approved, shall specify the new expiration
date of the plan. Application for renewal shall be made in writing before
expiration of the original approval.
- Amendments. The Council may approve, conditionally approve, or
disapprove an application for an amendment to an approved Master Plan. The
application shall be processed with the same procedures and fees as required
for Master Plan applications. The City's review of the proposed amendment
shall be limited to the scope of the application, and shall not address
reconsideration of aspects of the existing Master Plan, including conditions of
approval, that are not the subject of the application, except as these aspects
may be affected by the proposed amendment.
- Five-year
review required.
(1) All Master Plans shall be
reviewed by the Commission, or other review authority designated by the Council
when it approves the plan, every five years, commencing the fifth year after
the approval date of the Master Plan, for compliance with the features of the
plan and conditions of approval.
(2) The review shall take place
at a noticed public hearing as provided in this Section for the initial hearing
on adoption of the plan.
(3) The owner shall be notified
in writing of the review authority's determination.
(4) If the
review authority finds noncompliance with the plan or the conditions of
approval, it may direct:
(a) The Director to withhold
building and other permits for any development within the area covered by the
plan until compliance is achieved; and/or
(b) The Director to schedule a
public hearing before the Council for revocation of the Master Plan. The
revocation hearing shall be noticed as required for a hearing for adoption of a
Master Plan.
- Controlling provisions. The requirements of this Subsection shall apply to
Master Plans, in lieu of the renewal, modification, and reapplication
provisions of Chapter 17.64 (Permit Implementation, Time Limits, and
Extensions).
- Specialized
Conditional Use Permits and Minor Conditional Use Permits. If an application for a Conditional Use Permit or a
Minor Conditional Use Permit involves one of the situations specified below,
special notice and finding requirements shall be in compliance with the
following:
- Alcohol
sales. Hearing notices and findings
for Conditional Use Permit applications for the sale of alcohol shall be as
follows:
- Off-site
alcohol consumption. The hearing
notices shall be posted within 1,000 feet of the subject site, if the site
abuts a residential zoning district.
- Findings. In lieu of the regular Conditional Use Permit findings
identified in Subsection G. (Findings and decision), above, the following
findings shall be made before approval of a Conditional Use Permit to sell
alcohol:
(1) The proposed location of the
site for the Conditional Use Permit would not:
(a) Adversely affect the general
welfare of the surrounding property owners;
(b) Result in an undesirable
concentration of premises for the sale of alcoholic beverages, including beer
and wine, in the area;
(c) Detrimentally affect the nearby
surrounding area after giving special consideration to the proximity and nature
of the proposed use with respect to the following:
(d) Aggravate existing problems
created by the sale of alcohol (e.g., littering, loitering, noise, public
drunkenness, and sales to minors); and
(e) The proposed use is in
conformance with the goals, policies, and objectives of the General Plan and
the purpose and intent of any applicable specific plan.
(2) The public convenience or necessity is
served. This additional finding shall apply only to applications for
Conditional Use Permits that the State Department of Alcohol Beverage Control
(ABC) determines are located in an area of undue concentration as defined by
State law (California Business and Professions Code Section 23958.4.)
- Major Construction.
-
Applicability.
A Conditional Use Permit shall be
required for new construction of a nonresidential project or a
nonresidential portion of a mixed use project that exceeds 25,000 square
feet of gross floor area as contained on the Land Use Tables in
Article 2 -
Zoning Districts, Allowable Land Uses, and Zone-Specific Standards and
Article 3 - Specific Plan Standards. This requirement shall not apply to
public and semi-public uses, projects in the PS and OS Districts, projects
with an approved master development plan, tenant improvements, or a project
on the City’s approved capital improvement budget.
- Review Authority.
(1)
For a
major project 75,000 square feet or less, the Hearing Officer shall be the initial review authority and the Board of Zoning
Appeals shall be the appeal
authority.
(2)
For a major project greater than 75,000 square feet, the
Planning Commission shall be the initial review authority and the City
Council shall be the appeal authority.
- Conditions of
approval. In approving a Conditional
Use Permit (Major, Minor,
or Master Plan), the applicable
review authority may impose conditions (e.g., buffers,
hours of operation,
landscaping and maintenance, lighting,
off-site
improvements, parking, performance guarantees, property maintenance, signs,
surfacing, time limits, traffic circulation, etc.) deemed reasonable and
necessary to ensure that the
approval would be in compliance with the findings
required by Subsection G. (Findings and
decision), above, and to preserve the
public health, safety, and general welfare.
- Post
approval procedures. The procedures relating to
appeals, changes,
expiration, performance guarantees, and revocation that are identified in
Article 7 (Zoning Code Administration), and those identified in Chapter
17.64
(Permit Implementation, Time Limits, and Extensions), except for Master Plans,
shall apply following the
decision on a Conditional
Use Permit application.
17.61.060 - Expressive Use Permits
- Purpose.
Expressive Use Permits are intended to:
- Eliminate unfettered discretion. Establish a procedure which places limits on
processing time and eliminates any possibility for the exercise of unfettered
discretion in reviewing applications for developing and operating
expressive
uses.
- Ensure thorough review. Ensure orderly and thorough
City review of
applications for certain
expressive uses.
- Establish uniform
regulations. Establish reasonable and uniform
regulations that
would reduce possible adverse secondary effects that
expressive uses may have
upon the residents of the
City, and preserve the integrity of existing
commercial areas of the
City and of the residential areas which are in close
proximity to the commercial areas.
- Protect Constitutional rights. Protect the rights conferred by the United States
Constitution to
expressive uses in a manner
that ensures the continued and orderly
development of property within the
City
and diminishes those undesirable negative secondary effects that recognized
studies have shown to be associated with the
development and operation of
expressive uses.
- Ensure compatibility. Allow a process whereby the unusual
site
development
feature or operating characteristics of
uses which shall comply with this
Section may be conditioned through an individual review, in order to ensure
compatibility with the surrounding
uses of property.
- Applicability. An
Expressive Use Permit is required to authorize
proposed land
uses and activities identified by
Article 2 (Zoning Districts,
Allowable Land
Uses, and Zone-Specific Standards) as being allowable in the
applicable
zoning district subject to the
approval of an
Expressive Use Permit.
- Permit requirements.
-
Expressive use defined. An "expressive use" is a land
use activity
that is allowed subject to a public hearing process in which the
use is
evaluated against the findings identified in Subsection G. (Findings and
decision) below.
- Permit required.
Expressive uses shall not be developed or operated
within the
City by right. All
persons wishing to develop or operate an
expressive use within the
City shall apply for and obtain an
Expressive Use
Permit in compliance with this
Section.
- No permit needed for existing
uses.
- The
Council declares that all
expressive uses legally established before October 13, 1997, shall not be
deemed to be nonconforming in compliance with Chapter 17.71 (Nonconforming
Uses,
Structures, and
Lots), for failure to seek and obtain an
Expressive Use
Permit.
- The
Council further declares
that all legally established
expressive uses, as that term is defined in
Article 8 (Glossary of Specialized Terms and Land
Use Types), shall be deemed
to be conforming for the
use(s) specified in a Conditional
Use Permit or
Live
Entertainment Permit issued for the
use.
- Application requirements. An application for an
Expressive Use Permit shall be
filed in compliance with Chapter 17.60 (Application Filing and Processing).
The application shall be accompanied by the information identified in the
Department handout for
Expressive Use Permit applications. The
applicant shall
be responsible for providing the evidence in support of the findings required
by Subsection G. (Findings and
decision) below.
-
Review authority. The
Hearing Officer shall act as the applicable
review authority on all
Expressive Use Permits.
-
Project investigation, notice, and
determination.
- Investigation. The
Zoning Administrator shall investigate the
proposed
expressive use, including consultation with other
City
departments and
inspection of the premises as needed. Consultation is not considered a grounds
for the
City to unilaterally delay the review of an application deemed complete
in compliance with
Section
17.60.060 (Initial Application Review).
- Notice. Notice of the public hearing shall be provided:
- In compliance with Chapter
17.76 (Public Hearings); and
- At least 14 days before the
public hearing in the following manner:
(1) By mail, to the property
owner(s) and the
project
applicant, if different;
(2) By mail, to all owners of
property within 500 feet of the subject
site's
boundaries, as shown on the latest equalized tax assessment roll; and
(3) By posting, along all public
streets within 500 feet of the subject
site's
boundaries.
- Determination. The
Hearing Officer shall render a determination
in the following manner:
- The
Hearing Officer shall render a determination on the application within 60
days of the
Director deeming the application complete in compliance with
Section
17.60.060 (Initial Application Review).
- The determination shall be made
no later than the same day as the final hearing on the application, and if not
in writing, a written determination shall be prepared within three days
following the date of the determination.
- In reaching a determination, the
Hearing Officer shall not be bound by the formal rules of evidence.
- Failure of the
Hearing Officer to render a determination within the above stated time frame
shall be deemed to constitute a disapproval.
- Findings and
decision.
Following a public
hearing, the
Hearing Officer may approve, conditionally approve, or
disapprove an application for an
Expressive Use Permit. The
Hearing Officer may approve an
Expressive Use Permit only after first finding
that:
- The proposed use is allowed with an Expressive Use Permit within the subject
zoning district and complies with the applicable development and design requirements
of the subject zoning district and with all applicable provisions of this Zoning
Code.
- The proposed use will provide and maintain wastewater to establish and maintain
an unrestricted flow in sanitary sewers during average and peak conditions as
established by the city's approved sewer master plan, as amended from time to time.
- The proposed use will provide and maintain solid waster services to establish and
maintain a level of service consistent with the city's approved source reduction and
recycling element.
- The proposed use will provide and maintain fire prevention and suppression
services as established by the Uniform Fire Code to establish and maintain minimum
response time for fire and emergency medical calls as established by the city's
approved general plan.
- The proposed use will provide and maintain police services and crime prevention
services to establish and maintain minimum response time for police calls for service
as established by the city's approved general plan.
Any conditions imposed upon the permit shall be in keeping with the objective
development standards of this Title as set forth in Article 4 - Site Planning
and General Development Standards and the underlying zoning district
(including any applicable overlay district or specific plan regulations)
in which the property is located.
-
Period of validity. An
Expressive Use Permit approved in compliance with
this
Section shall become void unless the proposed
use is exercised in
compliance with
Section
17.64.040 (Time Limits and Extensions).
- Special appeal and Call for Review provisions.
- Time of
appeal. Any interested
person may
appeal the
decision of the
Hearing Officer directly to the
Council or the
decision may be called for review in compliance with Chapter
17.72 (Appeals).
-
Time for hearing on
appeal or
Call for Review. Consideration of an
appeal of the
Hearing Officer's
decision or
Call for Review shall be at a public hearing which shall be noticed
in compliance with Chapter 17.76 (Public
Hearings) and shall occur within 30 days of the filing or initiation of
the
appeal.
- Hearing. The
Council shall conduct the public hearing and hear testimony
regarding the
appeal from any interested party. In reaching its
decision, the
Council shall not be bound by the formal rules of evidence.
-
Decision on
appeal.
- The
Council's action on the
appeal of the
Hearing Officer's
decision shall be by a majority vote of the quorum and upon the
conclusion of the de novo public hearing, the
Council shall grant, conditionally grant, or disapprove the
application.
- The
decision shall be made no later than the same day as the final
hearing on the application.
- The
Council's
decision
shall be final.
- Special revocation or modification provisions.
- Findings. Any permit issued in compliance with this
Section
may be revoked or modified on the basis of any of the following, in compliance
with Section
17.78.090 (Permit Revocation or Modification):
- The business or
use has been
conducted in a manner that violates one or more of the conditions imposed upon
the issuance of the permit or that fails to conform to the plans and procedures
described in the application, or that violates the occupant load limits
established by the Fire Marshal.
- The permittee has failed to
obtain or maintain all required
City, County, and State licenses and permits.
- The permit is being
used to
conduct a use different from the
use for which is was issued.
- The permittee has misrepresented
a material fact in the application for the permit or has not answered each
question therein truthfully.
- Due to changes in
on-site
conditions, the
expressive use business lacks sufficient
on-site parking area
for employees and the public under the standards identified in the
City's parking
regulations (Chapter
17.46 [Parking]),
except for an existing
use that is determined to be legally nonconforming with
respect to parking.
- The allowed business creates
sound levels which violate the
City's
Noise Ordinance.
- The permittee, if an individual,
or any of the officers or general partners, if a corporation or partnership, is
found guilty or pleaded nolo contendere to a misdemeanor or felony
classified by the State as a sex or sex-related offense during the period of
the adult establishment's operation.
- The
use for which the
approval
was granted has been discontinued, ceased to exist, or has been suspended for a
continuous period of at least 12 months.
- Notice of hearing. The
Zoning Administrator
shall notice
and the
Hearing Officer
shall conduct a public hearing, in compliance with Chapter
17.76 (Public
Hearings), on the proposed permit revocation or modification.
- Hearing. The
review authority shall conduct the revocation
hearing and hear testimony regarding the proposed revocation or modification
from any interested party. The
review authority shall not be bound by the
formal rules of evidence at the hearing.
- Notice. Written notice of the hearing on the proposed permit
revocation or modification, together with written notification of the specific
grounds of the complaint against the permittee, shall be personally delivered
or sent by certified mail to the permittee at least 10 days before the hearing.
-
Decision. The
review authority shall revoke, not revoke, or
modify (not revoke but add additional conditions to) the permittee's
Expressive Use Permit. Any additional conditions
imposed upon the permit shall be deemed reasonable and necessary and in keeping
with the development standards of this
Zoning Code and the subject
zoning
district (including any applicable overlay
district
regulations).
-
Decision and notice. Within 10 days of the conclusion of the hearing, the
review authority shall render a
decision, supported by written findings. A
copy of the
decision and written findings shall be mailed to the owner of the
use or
structure for which the permit was revoked or modified and to any other
person who has filed a written request for the notice.
-
Appeal of
decision. If the
decision on revocation or modification is
made by the
Hearing Officer, any interested party may
appeal the
decision
directly to the
Council in compliance with Chapter
17.72 (Appeals).
- Effective date. The effective date of a
decision to revoke or modify
an Expressive Use Permit shall be in compliance with
Section
17.64.020
(Effective Dates).
-
Renewal. In the event a permit is revoked or modified in
compliance with this Subsection, another
Expressive Use Permit shall not be
granted to the permittee or on the
site of the permit within 12 months after
the date of the revocation or modification.
- Conditions of approval. In approving an Expressive Use Permit, the
Hearing Officer may impose conditions (e.g., buffers, hours of operation,
landscaping and maintenance, lighting, off-site improvements, parking,
performance guarantees, property maintenance, signs, surfacing, time limits,
traffic circulation, etc.) deemed reasonable and necessary, and in keeping with
the development standards of this Zoning Code and the subject zoning district
(including any applicable overlay district regulations), to ensure that the
approval would be in compliance with the findings required by Subsection G.
(Findings and decision), above, and to preserve the public health, safety, and
general welfare.
- Post approval procedures. The procedures relating to changes, expiration, and
performance guarantees that are identified in Article 7 (Zoning Code Administration),
and those identified in Chapter 17.64 (Permit Implementation, Time Limits, and
Extensions), shall apply following the decision on an Expressive Use Permit
application.
17.61.070 - Adjustment Permits
- Purpose. Adjustment Permits are intended to promote and encourage
quality
development within the
City's residential, commercial, industrial, and other
zoning districts established by
City-adopted
specific plans relating to property
development, design, and
open space areas, while protecting the public health, safety, general
welfare, integrity, and character of the
City, and ensuring conformance with the goals, policies, and objectives
of the
General Plan and the purpose and intent of any applicable
specific plan.
- Comprehensive
development. Adjustment Permits are encouraged and expected to
produce a comprehensive
development incorporating a more enhanced environment and
architectural excellence than would normally be possible under more
standard
district
development requirements.
- Preserve a significant
historic resource. Where applicable, the Adjustment Permit
provides the flexibility in
development standards necessary to preserve a significant historic
landmark, resource,
site, or
structure.
-
Project review.
Project review shall determine whether the Adjustment Permit should
be approved by weighing the public need for, and the positive benefits
to be derived from, the proposed
project against any of the potential unavoidable negative effects it
may cause.
- Applicability. An application for an Adjustment Permit shall be
reviewed first by the
Commission and then by the
Council, and shall be required before the issuance of any
nondiscretionary
building, grading, or other required permits. For major
projects also requiring a Conditional
Use Permit, in compliance with
Section
17.61.050, the two permits shall be processed
concurrently in compliance with
Section
17.60.030 (Concurrent Permit Processing).
- Land
use activity. An Adjustment Permit may only authorize a land
use
activity that is allowed in the base
zoning district.
-
General Plan conformance required. Conformance with the goals,
policies, and objectives of the
General Plan and the purpose and intent of any applicable
specific plan shall be required.
- Modify standards.
- An Adjustment Permit may adjust or modify, where necessary and
justifiable, all applicable
development standards (e.g.,
building envelope [coverage,
height, and
setbacks], fence and wall
heights,
landscaping, off-street
parking [design and ratios],
open space,
street layout, etc.) identified in this
Zoning Code, with the exception of an increase in the applicable
density/FAR
provisions.
- An Adjustment Permit may allow for the
density to be averaged on
lots divided by two or more
zoning districts.
(See
Interpretation)
- Residential
development
projects
with increased
density standards may only be approved in compliance with State
law (Government
Code
Section 65915).
- Application requirements. An application for an Adjustment Permit
shall be filed in compliance with Chapter 17.60
(Application Filing and Processing). The application shall be accompanied by
the information identified in the
Department handout for Adjustment Permit applications. The
applicant shall be responsible for providing the evidence in support of
the findings required by Subsections D. (Review
authority criteria) and F. (Findings and
decision), below.
-
Review authority criteria. The
Commission shall first review and recommend and the
Council may approve an Adjustment Permit only when the following
criteria are met:
- The land involved shall be a minimum of 1/2 acre in area and shall be
either in one or multiple ownership(s) filed jointly by the owner(s) of
all of the property included.
- The proposed
development shall be in conformance with the goals, policies, and
objectives of the
General Plan
and the purpose and intent of any applicable
specific plan, and shall result in a comprehensive
development incorporating a more enhanced environment and
architectural excellence than would normally be possible under more
standard
district
development requirements.
- The various elements of the proposed plan, including
structures, grounds, and
open space, shall relate to one another in a manner that forms a
comprehensive plan of sufficient unity to justify exceptions, if any, to
the standard
district
development requirements identified in this
Zoning Code.
- The proposed
development shall not adversely affect adjacent properties.
- Where applicable, the Adjustment Permit provides the flexibility in
development standards necessary to preserve a significant historic
landmark, resource,
site, or
structure.
-
Project review, notice, and hearing.
- Each Adjustment Permit application shall be analyzed by the
Director to ensure that the application is consistent with the
purpose and intent of this
Section. The
Director shall submit a staff report and recommendation first to the
Commission and then to the
Council for their consideration.
- The
Director may refer the application to a
City
commission(s) or committee(s) for review and comment.
- Public hearings shall be required for all Adjustment Permits
considered first by the
Commission and then by the
Council.
- Notice of the public hearings shall be provided, and the hearings
shall be conducted in compliance with Chapter
17.76 (Public Hearings).
- Findings and
decision. Following public hearings, the
Commission shall recommend and the
Council may approve, conditionally approve, or disapprove an application
for an Adjustment Permit. The
Commission
may recommend and the
Council may approve an Adjustment Permit only after first finding that:
- The proposed
development is:
- Allowed within the subject base
zoning district;
- In conformance with the:
(1) Criteria identified in Subsection D. (
Review
authority criteria) above;
(2) Goals, policies, and objectives of the
General Plan and the purpose and intent of any applicable
specific plan; and
(3) Applicable provisions of this
Zoning Code relating to both on‑ and
off‑site improvements that are necessary to accommodate
flexibility in
site planning and property
development
and to carry out the purpose and intent of the subject base
zoning district.
- The proposed
project would produce a comprehensive
development incorporating a more enhanced environment and
architectural excellence (e.g., appropriate variety of
structure placement and orientation opportunities, appropriate mix
of
structure sizes, high quality architectural design, increased
amounts of
landscaping and
open space, improved solutions to the design and placement of
parking facilities, etc.) than would normally be possible under more
standard
district
development requirements;
- The design, location, shape, size, operating characteristics, and
the provision of public and emergency vehicle access and public services
and utilities (e.g., drainage, fire protection, sewers, water, etc.),
would ensure that the proposed
development
would not endanger, jeopardize, or otherwise constitute a hazard to the
public health, safety, or general welfare, or injurious to the property
or improvements in the vicinity and base
zoning district in which the property is located;
- The subject
site is:
- Physically suitable for the type and
density/intensity of
development being proposed; and
- Adequate in shape and size to accommodate the proposed
development.
- The public need for, and the positive benefits to be derived from,
the proposed
project clearly outweigh any of the potential unavoidable negative
effects it may cause; and
- Where applicable, the Adjustment Permit provides the flexibility in
development standards necessary to preserve a significant historic
landmark, resource,
site, or
structure.
- Conditions of
approval. In approving an Adjustment Permit, the
Council may impose conditions (e.g., buffers,
landscaping and maintenance, lighting,
off-site improvements, parking, performance guarantees, property
maintenance, signs, surfacing, traffic circulation, etc.) deemed reasonable
and necessary to:
- Compliance with findings. Ensure that the
approval would be in compliance with the findings required by
Subsection F. (Findings and
decision) above. Special consideration shall be given to Subsection
D. (Review
authority criteria) above, that ensures that the proposed
project would produce a comprehensive
development incorporating a more enhanced environment and
architectural excellence;
- Conformance with
Zoning Code. Ensure conformance with specified standards and
provisions of this
Zoning Code (e.g., allowable land
uses and
density/FAR)
in order to ensure harmony with the surrounding neighborhood);
- Accommodate flexibility. Accommodate flexibility in
site planning and property
development;
- Mitigate impacts. Mitigate all
project‑related
adverse effects, unless a statement of overriding considerations is
adopted by the
Council in compliance with State law (Public Resources
Code
Section 15093); and
- Preserve. Preserve the public health, safety, and general
welfare.
- Post
approval procedures. The procedures relating to
appeals, changes, expiration, performance guarantees, and revocation
that are identified in
Article 7 (Zoning
Code Administration), and those identified in Chapter
17.64
(Permit Implementation, Time Limits, and Extensions), shall apply following
the
Commission's recommendation and the
Council's final action on an Adjustment Permit application.
17.61.080 - Variances
- Purpose. The provisions of this
Section allow for Variances (Section
D.) from the
development standards of this
Zoning Code, Variances for
Historic Resources
(Section
H.), and modifications for individuals with disabilities (Section
I.).
- Special privileges prohibited.
- A Variance may only be granted when, because of special
circumstances applicable to the subject property, including
dimension, location, shape, size, or surroundings; geographic,
topographic, or other physical conditions on the
site or in the immediate vicinity; or from
street
locations or traffic conditions in the immediate vicinity, the
strict application of this Zoning Ordinance denies the property
owner privileges enjoyed by other property owners in the vicinity
and under identical
zoning districts, or creates an unnecessary, and non
self-created hardship or unreasonable regulation which makes it
obviously impractical to require compliance with the applicable
development standards.
- A Variance shall not be granted that would have the effect of
granting a special privilege(s) not shared by other property owners
in the vicinity and under identical
zoning districts.
- Does not extend to
uses and notes.
- The power to grant Variances does not extend to allowable land
uses and the notes on the land-use
tables. In no case shall a Variance be granted to allow a
use of land or
structure not otherwise allowed in the
zoning district in which the subject property is located. A
Variance shall not be granted to the notes on the land-use
tables contained in
Articles 2 and 3.
- Flexibility in allowable land
uses is provided in
Section
17.61.050 (Conditional
Use Permits).
- Does not extend to procedures. A Variance shall not be
granted to allow an adjustment to the procedural requirements of this
Zoning Code.
-
Review authority. Variances may be granted in compliance with the
following:
- The
Hearing Officer may
grant variances and Minor Variances in compliance with Subsection D.,
below; or
- Defer action and refer the application directly to the
Board of
Zoning
Appeals (BZA).
- Minor Variances.
- Purpose. Minor Variances are a form of Variance intended for
adjustments that are determined to have lesser (minor) potential impacts
and therefore require a modified review process.
- Applicability. The following applications for adjustments
from the applicable
development standards may be processed as a Minor Variance:
- Up to two permit applications, for a Minor Variance, Minor
Conditional
Use Permit, or Sign Exception, may be combined and processed
under the Minor Variance/Minor Conditional
Use Permit procedure.
-
Alteration or expansion of a
nonconforming structure that increases the differences between
existing conditions and the current development standards and is an
allowable minor variance under Table
6-4
(Allowable Minor Variance).
- Unless otherwise identified in Table
6-4, below, adjustments not exceeding 25 percent of the
development standard may be processed as a Minor Variance.
- Applications for adjustments exceeding 25 percent of the
development standard shall be processed as Variances, in
compliance with Subsection D. below.
Table 6-4 — Allowable Minor Variances
| 1. In all
districts: |
No limit on percent of
adjustment |
|
|
|
|
|
|
|
|
|
|
|
|
Not exceeding an adjustment of 10
feet, or 5 feet in the HD overlay
district |
|
|
No limit on percent of adjustment |
| 2. For
projects subject to RS and RM-12
development standards, not including HD overlay
standards B maximum floor area |
Not exceeding an
adjustment of 10 percent |
| 3. In RM
districts B minimum landscape area |
- Procedures.
- Noticing of the public hearing shall be given in compliance
with Chapter 17.76.
- The
Zoning Administrator shall set a date and time on which the
application will be considered.
- Notice shall be mailed and posted at least 14 days before
the date set by the
Zoning Administrator.
- The notice shall indicate that any interested
person may request, in
person or in writing, no later than one working day before
the date set by the
Zoning Administrator, that a hearing be held on that date.
- If no hearing is requested, the
Hearing Officer's
decision may be made without a public hearing.
- The
Hearing Officer may also hold a hearing at the
Zoning Administrator's discretion.
- If a hearing is held, the
Hearing Officer shall conduct the hearing in compliance with
Chapter 17.76 (Public Hearings).
- Variances. The
Hearing Officer may grant an adjustment from the requirements of
this
Zoning Code governing only the following:
-
Development standards. Any
development standard identified in Subsection C. (Minor
Variances), above, where the requested adjustment exceeds the
maximum limits for a Minor Variance;
- Dimensional standards. Dimensional standards including
distance-separation requirements, landscape and paving requirements,
lighting, loading spaces,
lot area,
lot dimensions, parking areas,
open space,
structure
heights, etc;
- Numerical standards. Number of off-street
parking spaces, loading spaces,
landscaping, etc;
- Additional land-use
regulations. The additional land-use
regulations which apply to each
use classification; and
- Other. Other standards including operational/performance
standards relating to dust, glare, hours of operation,
landscaping, light, noise, number of employees, etc.
- Application requirements. An application for a Variance shall
be filed in compliance with Chapter 17.60
(Application Filing and Processing). The application shall be
accompanied by the information identified in the
Department handout for Variance applications. The
applicant shall be responsible for providing the evidence in support
of the findings required by Subsection G. (Findings and
decision) below.
- Notice and hearings.
- Minor Variances. The procedures identified in Subsection
C.3. (Procedures), above, shall determine if a public hearing shall
be required for the
Zoning Administrator's
decision on a Minor Variance.
- Variances.
- A public hearing shall be required for all Variances
considered by the
Hearing Officer.
- A public hearing shall be scheduled once the
Director has determined that the application is complete.
- Noticing of the public hearing shall be given in compliance
with Chapter 17.76 (Public
Hearings).
- If taken under advisement, the
Hearing Officer shall render a
decision on the Variance application within 10 days
following the final public hearing on the application.
- Findings and
decision. Following a public hearing, if required, the
review authority may approve a Variance (Major or Minor)
application, with or without conditions, only after first finding that:
- There are exceptional or extraordinary circumstances or
conditions applicable to the subject
site that do not apply generally to
sites in the same
zoning district;
- Granting the application is necessary for the preservation and
enjoyment of a substantial property right of the
applicant and to prevent unreasonable property loss or
unnecessary hardship;
- Granting the application would not be detrimental or injurious
to property or improvements in the vicinity of the subject
site, or to the public health, safety, or general welfare;
- Granting the application is in conformance with the goals,
policies, and objectives of the
General Plan, and the purpose and intent of any applicable
specific plan and the purposes of this
Zoning Code, and would not constitute a grant of special
privilege inconsistent with limitations on other properties in the
vicinity and in the same zone
district; and
- Cost to the
applicant of strict compliance with a regulation shall not be
the primary reason for granting the Variance.
- Variances for
Historic Resources.
- Purpose.
- A Variance for
Historic Resources is intended to accommodate
historic resources that are undergoing adaptive
use or are being relocated.
- This unique type of Variance is designed to provide relief
from the strict compliance with the
development standards of this
Zoning Code that may impair the ability of a designated
historic resource to be properly
used for adaptive reuse or to be relocated onto a new
site.
- The Variance shall not allow a
use of land or
structure not otherwise allowed in the
zoning district in which the subject property is located and
only applies if the property has a historic designation.
- Adaptive
use is the reuse of a
structure with a new
use different from that for which the
structure was originally constructed.
- Procedures.
- The
Hearing Officer shall be the applicable
review authority for Variances for
Historic Resources.
- The
Hearing Officer shall be the applicable
review authority for Variances for
Historic Resources that are combined with applications for a
Conditional
Use Permit or a Variance.
- The procedures for a Variance for
Historic Resources shall be the same as for a Minor
Variance, including those for notice and hearing upon request.
- Findings and
decision. Following a public hearing, if required, the
review authority may approve a Variance for
Historic Resources application, with or without conditions, only
after first finding that:
- The Variance for
Historic Resource is necessary to facilitate the appropriate
use of an existing designated historic
structure;
- The Variance for
Historic Resource would not adversely impact property within
the neighborhood or
historic district; and
- Granting the Variance for
Historic Resource application would be in conformance with
the goals, policies, and objectives of the
General Plan and the purpose and intent of any applicable
specific plan.
- Modifications for individuals with disabilities.
- Purpose. The purpose of this Subsection is to provide a
mechanism through which the
City may, in compliance with State and Federal law, grant
reasonable modifications to the strict requirements of this
Zoning Code where necessary to avoid discrimination against
individuals with disabilities.
- Procedures.
- The
Hearing Officer shall be the applicable
review authority for applications for the modifications.
However, the
Hearing Officer shall be the applicable
review authority for the application that is combined with
an application for a Conditional
Use Permit or a Variance.
- The application, notice, and hearing procedures for
considering applications for modifications shall be in
compliance with Subsection C.3. (Procedures) above.
- An individual with a
disability, or designated representative, may request that
any applicable
development standard be modified to prevent discrimination
against the individual on the basis of the individual's
disability. The modifications shall not be granted to any
applicable
development standard relating to
density,
FAR,
gross floor area, or
lot coverage.
- A modification granted for an individual with a
disability shall be a personal accommodation for the
individual
applicant and shall not run with the land.
(1) Before the issuance of a
Building Permit for the modification, the permittee
shall execute a notarized statement that permits the
City to inspect the affected premises at least annually
to verify compliance with this Subsection and with any
applicable conditions of
approval.
(2) Before any transfer of interest in the premises, the
permittee shall notify the transferee of the existence of
the modification, the status of the modification, and the
requirement that the transferee may apply for a new
modification if qualified and necessary.
(3) Once the transfer takes effect, the modification
shall have no further validity, and therefore shall be
considered voluntarily relinquished by the permittee in
compliance with
Section 17.64.070 (Voluntary
Relinquishments).
- Findings and
decision. Following a public hearing, if required, the
review authority may approve the application for modification,
with or without conditions, only after first finding that:
- The individual requesting the modification is a qualified
individual with a
disability;
- The requested modification to the strict requirements of
this
Zoning Code is a reasonable modification on the part of the
City made necessary by State or Federal laws designed to
avoid discrimination on the basis of
disability, and to ensure that the qualified individual with
a
disability has the opportunity to enjoy the rights,
privileges, and opportunities available to residents or property
owners, as applicable, in the same
zoning district; and
- All necessary conditions have been imposed to ensure that
the modification shall not be detrimental to public health and
safety.
- Compliance with findings. In approving a Variance or Minor
Variance, the applicable
review authority may impose conditions (e.g., buffers,
landscaping and maintenance, lighting, parking, performance
guarantees, property maintenance, signs, surfacing, traffic circulation,
etc.) deemed reasonable and necessary to:
- Compliance with
Section. Ensure compliance with the general purpose of this
Section, and the goals, policies, and objectives of the
General Plan and the purpose and intent of any applicable
specific plan;
- Special privileges prohibited. Ensure that the
approval does not grant special privileges inconsistent with the
limitations on other properties in the vicinity and
zoning district in which the property is located;
- Compliance with findings. Ensure that the
approval would be in compliance with the findings required by
Subsection G. (Findings and
decision), above; and
- Protect interests. Protect the best interests of the
surrounding property or neighborhood, and to preserve the public
health, safety, and general welfare.
- Concurrent processing. If the
project that is the subject of an application for a Tentative Map or
Tentative Parcel Map in compliance with Title 16 (Subdivisions),
or a Master Plan in compliance with
Section 17.61.050, would require a Variance
or Minor Variance, the applicable
review authority for the underlying permit shall have the authority
to also act upon the proposed Variance after first making the Variance
findings required by this Subsection G. (Findings and
decision) above.
- Post
approval procedures. The procedures relating to
appeals, changes, expiration, performance guarantees, and revocation
that are identified in Article 7 (Zoning
Code Administration), and those identified in Chapter
17.64 (Permit Implementation, Time Limits, and
Extensions), shall apply following the
decision on a Variance or modification application.
17.61.090 -
Filming Permits
- Purpose. This
Section establishes procedures for the granting of
Filming
Permits that:
- Establish special
regulations for
filming in the
City; and
- May not meet the normal
development or
use
standards of the applicable
zoning district, but may be acceptable because of their
temporary, short-term nature.
- Applicability.
Filming activities shall not be conducted, established, or operated in
any manner without the
approval and maintenance of a valid
Filming Permit in compliance with this
Section.
-
Filming activities.
The following
temporary
filming activities may be allowed, subject to the issuance of a
Filming Permit.
- Allowed.
Property in any
zoning district, unless otherwise specified in this
Zoning Code, may be
used as a
filming location for
filming, including the
filming of motion pictures, professional photography, or
videotaping.
-
Exemptions. A
Filming Permit shall not be required for
filming activities for personal
use or entertainment, nor shall any permit be required for
filming for
use in news gathering, investigative reporting, or for public and
municipal access stations.
- Application filing, processing procedures, and action. An
application for a
Filming Permit shall be filed with the
Department and processed in the following manner.
- Application requirements. An application for a
Filming Permit shall be filed with the
Film Liaison. The application shall be accompanied by the
information identified in the
Department's
Filming
Permit application. The
applicant shall be responsible for providing the evidence in support
of the findings required by Subsection H. (Findings and
decision), below, for
Filming Conditional
Use Permits.
-
Filming
Conditional
Use Permit procedures.
- The standard notice procedure identified in Chapter
17.76 (Public Hearings) shall be followed, except that the
mailed and posted notices shall be within 300 feet of the boundaries
of the
filming
location.
- The
Film Liaison shall set a date and time on which the application
will be considered. The public hearing notices shall be mailed and
posted at least 14 days before that date. The hearing notice shall
indicate that any interested
person may request, in
person or in writing, that a hearing be held on that date.
- Applicable
review authority. The
Film Liaison
shall be the applicable
review authority for Short-term
Filming Permits.
- Short-term
Filming Permits. A Short-term
Filming Permit may be approved by the
Film Liaison for commercial motion picture
filming, professional photographing, and videotaping at the same
location for:
(1) Six or fewer days per quarter of a calendar year, and up to
24 days of a calendar year, in residential,
open space, public, and semi-public
zoning districts; or
(2) 15 or fewer days per quarter of a calendar year in all
other
zoning districts.
- Long-term
Filming Permits. A
Filming Conditional
Use Permit may be approved by the
Hearing Officer allowing Long-term
Filming Permits for commercial motion picture
filming, professional photographing, and videotaping at the same
location for:
(1) More than six days per quarter of a calendar year in
residential, public, and semi-public
zoning districts; or
(2) More than 15 days per quarter of a calendar year in all
other
zoning districts.
- Public hearing requirements.
- Short-term
Filming Permits. Notice or a public hearing shall not be
required for the
Film Liaison's
decision on a Short-term
Filming Permit.
- Long-term
Filming Permits.
(1) A public hearing shall only be required for the
Hearing Officer's
decision on a Long-term
Filming Permit, if a hearing is requested, in compliance
with Subparagraph F.3.b., above.
(2) If a hearing is not requested, the
decision may be made without a hearing.
(3) The
Hearing Officer may hold a hearing at the discretion of the
Film Liaison.
(4) If a hearing is held, the
Hearing Officer shall conduct the hearing in compliance with
Chapter
17.76 (Public Hearings).
- Effective dates.
- A Short-term
Filming Permit shall be effective immediately for the days
approved by the
Film Liaison.
- A
Filming Conditional
Use Permit shall be effective in compliance with
Section
17.64.020 (Effective Dates).
- Standards.
- Adjustment of standards. The
Film Liaison may authorize an adjustment from the specific standards
deemed necessary or appropriate consistent with the
temporary nature of the
filming activity.
- Other permits required.
Filming activities may be subject to additional licenses,
inspections, or permits required by applicable local, State, or Federal
requirements.
- Duration of permit. A
Filming Conditional
Use Permit shall be effective until the date specified by the
Hearing Officer, not to exceed 90 days.
- The permit may be extended by the
Film Liaison one time without notice and hearings, subject to
making the same findings required for the original
approval of the permit, in compliance with Subsection H.
(Findings and
decision) below.
- The
Hearing Officer may extend the permit up to an additional 90
days beyond the 180 days.
(1) This extension shall require a noticed public hearing in
compliance with Chapter
17.76
(Public Hearings); and
(2) The
Hearing Officer shall have to make the same findings
required for the original
approval of the permit, in compliance with Subsection H.
(Findings and
decision), below, before granting this extension.
- The permit shall become void if not
used within the approved time period.
- Findings and
decision. The
Hearing Officer may approve a
Filming Conditional
Use Permit, with or without a public hearing and with or without
conditions, only after first finding that:
- The proposed
filming activity would be located and conducted in a manner
conforming with the goals, policies, and objectives of the
General Plan and the provisions of this
Section; and
-
Approval of the application would not be detrimental to property or
improvements in the surrounding area or to the public health, safety, or
general welfare.
- Conditions of
approval.
-
Filming Conditional
Use
Permits. In approving a
Filming
Conditional
Use Permit, the
Hearing Officer may impose conditions (e.g., hours of operation,
lighting, parking, performance guarantees, property maintenance, signs,
time limits, traffic circulation, etc.) deemed reasonable and necessary
to ensure that the
approval would be in compliance with the findings required by
Subsection H. (Findings and
decision), above, and to preserve the public health, safety, and
general welfare.
- General
filming conditions.
-
Filming, including setup and dismantling of film activity, shall
not be done before 7:00 a.m. or after 7:00 p.m. The
Film Liaison may extend these hours upon a showing of necessity
and upon showing the exception would not disturb the public.
- Bull horns, explosions, gunfire, public address systems, sirens,
or other noise-creating devices shall not be
used in violation of the
City's Noise Ordinance. Requests for noise-creating devices
shall be reviewed by the
City's Police and Fire
Departments. A noise monitor may be assigned by the
Film Liaison.
-
Filming Permits shall not be issued for
sites where outstanding uncorrected violations of this
Zoning Code
or the
City's adopted Uniform Fire
Code exist.
- Specified Short-term
Filming
Permit conditions. The
Film Liaison
may impose conditions on Short-term
Filming Permits for protection of the public, including without
limitation the following:
- Minimum insurance requirements, including the
City as additional insured, with proof of insurance, and
provisions forbidding cancellation of insurance in the forms and
amounts deemed necessary by the
Film Liaison;
- A parking plan for vehicles
used
in the
filming session;
- Written permission from affected property owner(s) and
tenant(s);
- Attendance during setup and the
filming session by uniformed police officers or firefighters at
the
applicant's sole cost and expense; and
- The
Film Liaison may impose additional conditions on Short-term
Filming Permits, deemed reasonable and necessary, to ensure
preservation of the public health, safety, and general welfare.
-
Filming activity guidelines. The
Council may adopt, by resolution, guidelines to be applied in
granting
Filming Permits and establishing conditions in compliance with this
Section.
- Condition of
site following
temporary use. Each
site occupied by a
temporary
filming activity shall be cleaned of debris, litter, or any other
evidence of the
filming activity upon completion or removal of the activity, and shall
thereafter be
used in compliance with the provisions of this
Zoning Code. The
Film Liaison may require appropriate security before initiation of the
filming activity to ensure proper cleanup after the
use is finished.
- Post-approval
procedures for
Filming
Conditional
Use Permits.
-
Appeals. Shall be in compliance with Chapter
17.72 (Appeals).
- Revocations. A
Filming Conditional
Use Permit may be revoked by the
Film Liaison effective immediately for violation of the terms of the
permit.
- Modifications. The
Film Liaison may require changes in the terms or conditions of an
approved
Filming Conditional
Use Permit at any time while it is in effect if needed to ensure
that the activity may continue to operate consistent with the required
findings identified in Subsection H, above.
17.61.100 - Public Art Component
- Purpose. This section establishes the procedures for processing
applications for public art.
- Applicability.
Projects shall meet the requirements of Section 17.40.100
(Public Art Requirements and Design Standards). The review authority shall
be the Arts and Culture Commission.
- Application requirements. An application for a Public Art
shall be filed in compliance with Chapter 17.60
(Application Filing and Processing). The application shall be
accompanied by the information identified in the Department handout for
Public Art Components.
- Arts
Commission. The Arts
Commission shall be responsible for administering this
Section. The Arts
Commission shall recommend and the
Council, by resolution, shall adopt guidelines to be
used in determining whether there has been compliance with this
Section.
- Compliance. A Certificate of
Occupancy for a
project as defined in Subsection B.1. (Applicable
projects) above, shall not be issued until there has been a written
determination made by the Arts
Commission that there has been compliance with this
Section.
Sections:
17.62.010 - Purpose of Chapter
The purpose of this Chapter is to specify significance
criteria for the designation of
historic resources, procedures for designation,
and review procedures to:
- Encourage and promote the adaptive reuse of
the City's
historic resources;
- Enhance, perpetuate, and preserve
architecturally and historically significant
structures and promote
revitalization of historic neighborhoods and commercial areas;
- Ensure that the rights of the owners of
historic resources and owners of properties adjacent to
historic resources are
safeguarded;
- Foster civic pride in the beauty and noble
accomplishments of the past by promoting private stewardship of
historic resources
that represent these accomplishments;
- Fulfill the
City's responsibilities:
- As a
Certified Local Government under Federal
preservation laws; and
- For Federal
Section 106 reviews and for the
California Environmental Quality Act regarding
historic resources.
- Promote the identification, documentation,
and evaluation of the significance of individual
historic resources and
districts;
- Implement the
historic preservation goals,
policies, and programs of the
General Plan;
- Promote the
City as a destination for tourists
and as a desirable location for business;
- Promote public awareness of the value of
rehabilitation, restoration, and maintenance of the existing
building stock as
a means to conserve reusable material and energy resources;
- Recognize the
City's
historic resources as economic assets; and
- Stabilize and improve property values, and
enhance the aesthetic and visual character and
environmental amenities of the
City's historic properties and areas.
17.62.020 - Administrative and Review Authorities - Powers and Duties
The powers and duties of the applicable review
authorities are identified in Table 6-5, below.
Table 6-5 — Review Authorities - Powers and Duties
|
Director
|
Approve/disapprove
applications for Certificates of Appropriateness for minor
projects affecting designated
historic resources and
approve/delay major projects (except
demolition) affecting
historic
resources eligible for designation; approve/disapprove applications for
relief from the replacement
Building Permit requirement of insignificant
buildings.
Conduct preliminary reviews of applications for designation of a
historic monument, landmark, landmark tree or historic sign.
Determine if a property is contributing or non-contributing to a
historic or landmark district or to a district eligible
for designation. For public projects, review minor
projects affecting
historic resources. |
|
Historic
Preservation
Commission
|
Review applications for designations of
monuments, landmarks, historic signs and landmark trees and either
forward a recommendation to the Council
to approve the applications or deny the applications.
Review applications for designations of landmarks districts and
either forward a recommendation of approval to the Commission and Council
or deny the applications. Outside
of the CD zoning district,
approve/disapprove applications for Certificates of Appropriateness
for major projects affecting designated
historic
resources and
demolition
projects affecting
historic resources eligible for
designation.
For public projects, forward
recommendations to the Design
Commission/Council on proposals for major
projects
affecting
historic resources.
Review
appeals of
decisions of the
Director.
Approve/disapprove
applications for relief from the replacement
Building
Permit requirement for
historic resources, outside the CD
zoning district.
Act as decision-making body on applications for an economic hardship
variance outside the CD zoning district. Approve requests to exceed
allowable height for accessory structures in compliance with Section
17.50.250.
Review
appeals of penalties for
demolition without required
approvals.
Provide advisory comments to the Design
commission for projects requiring both an application for a
Certificate of Appropriateness and an application for design review. |
|
Design
Commission
|
In the CD
zoning district,
approve/disapprove Design Review applications for major
projects
affecting
historic resources and approve/disapprove relief from the replacement
Building
Permit requirement for
historic resources.
Act as decision-making body on applications for
an economic hardship variance in the CD zoning district.
As specified in Table 6-2
and 6-3, review public projects affecting
historic resources
(after consulting with and receiving advice from the Historic
Preservation Commission). |
|
Planning
Commission |
Recommend
to Council
approval/disapproval of landmark
district zoning map overlays.
|
|
Council
|
Approve/disapprove
designations of landmarks, historic monuments, historic signs, landmark trees and landmark
districts.
Call
for review/appeals of
decision of the
Director,
Historic Preservation
Commission,
and Design Commission.
|
17.62.030 - General Procedures
- Review of applications for Certificates of Appropriateness .
- The reviews by the
Historic Preservation
Commission are limited to areas outside of the Central
District.
- All applications to the
Historic Preservation
Commission for a
Certificate of Appropriateness for relief from the replacement
building
permit requirement shall be processed in compliance with the standard
review procedures identified in Chapter 17.76
(Public Hearings).
- The provisions of Chapter 17.60 (Application Filing and Processing)
and Chapter 17.64 (Permit Implementation, Time Limits, and Extensions),
apply to all Historic Preservation reviews. All decisions by the
Planning Director may be appealed or called for review, except as
otherwise specified in this chapter.
- In all cases, the Director, the Historic Preservation Commission,
and Design Commission shall apply the Secretary of the Interior's
Standards for Rehabilitation and the Illustrated Guidelines for
Rehabilitating Historic Buildings (or when applicable the Secretary of
the Interior's Standards for the Treatment of Historic Properties) to
all reviews affecting historic properties. In addition, in landmark and
historic districts, the Director or Historic Preservation Commission
shall also apply the Design Guidelines for Historic Districts in
Pasadena, California.
- Outside of the Central District, exterior work subject to regulatory
review in designated landmark districts and designated or eligible
historic districts is limited to public view from public streets; views
from public alleys are excluded from review.
- For individually
designated landmarks and monuments and properties individually listed in
the National Register, the Director or Historic Preservation Commission
shall concentrate reviews on features open to view from public streets
and public sidewalks. The Director or Historic Preservation Commission
may also review work out of public view if the alterations affect
significant character-defining features of the
historic resource or if
the work may have an adverse effect on the overall historic integrity of
the resource.
- In landmark and historic districts outside the Central District, the
following items shall be exempt from review: Paint colors and stains,
routine maintenance and minor repairs, landscaping (except for trees
protected under Chapter 8.52 – Tree Protection), all interior
alterations, screens and awnings, flat concrete work (including
driveways and walkways), rear yard walls and fences, reroofing (except
for a change of material) exterior lighting fixtures, and window/door
grilles.
- In the event of a conflict between an adopted conservation
plan and the procedures of this chapter, the conservation plan shall
prevail.
- For major projects requiring a Certificate of
Appropriateness and design review, the Director or Design Commission,
according to the design review thresholds in Table
6-2 or
Table 6-3, shall be the review authority.
The Historic Preservation Commission shall make a recommendation to the
design review authority, based on compliance of the project with the
Secretary's Standards.
- Review of applications in the Central
District. The Design
Commission
shall review applications for additions,
alterations,
demolitions, relocations,
and new construction and relief from the replacement
Building Permit
requirement in the Central
District as specified in
Table 6-3 in Section 17.61.030
and
Table 6-5 of Section 17.62.020.
- Application submittal requirements. The
Director shall specify the application submittal
requirements for designation of
historic resources and for reviews of
projects
to alter, demolish, relocate
historic resources, and of new construction in a
historic or landmark
district.
17.62.040 - Criteria for Designation of
Historic Resources
- Evaluation of
Historic Resources. When considering applications
to designate a historic monument, landmark, historic sign, landmark tree or
landmark
district,
the
Historic Preservation
Commission
shall apply the criteria below according to applicable
National Register of Historic Places Bulletins for evaluating historic
properties, including the seven aspects of integrity: location, design,
setting, materials, workmanship, feeling and association (National Register
of Historic Places Bulletin #15: "How to Apply the National Register
Criteria for Evaluation").
- Historic monuments.
- A historic monument shall include all
historic
resources previously designated as historic treasures before adoption of this
Chapter, historic resources that are listed in the
National Register at the
State-wide or Federal level of significance (including National Historic
Landmarks) and any
historic resource that is significant at a regional, State,
or Federal level, and is an exemplary representation of a particular type of
historic resource and meets one or more of the following criteria:
- It is associated with events that have made a
significant contribution to the broad patterns of the history of the region,
State, or nation.
- It is associated with the lives of
persons who
are significant in the history of the region, State, or nation.
- It is exceptional in the embodiment of the
distinctive characteristics of a
historic resource property type, period,
architectural style, or method of construction, or that is an exceptional
representation of the work of an architect, designer, engineer, or builder
whose work is significant to the region, State, or nation, or that possesses
high artistic values that are of regional, State-wide or national significance.
- It has yielded, or may be likely to yield,
information important in prehistory or history of the region, State, or nation.
- A historic monument designation may include
significant public or semi-public interior spaces and features.
- Landmarks.
- A landmark shall include all properties
previously designated a landmark before adoption of this Chapter and any
historic resource that is of a local level of significance and meets one or
more of the criteria listed in Subparagraph 2., below.
- A landmark may be the best representation in
the City of a type of
historic resource or it may be one of several
historic
resources in the
City that have common
architectural attributes that represent
a particular type of
historic resource. A landmark shall meet one or more of
the following criteria:
- It is associated with events that have made a
significant contribution to the broad patterns of the history of the
City,
region, or State.
- It is associated with the lives of
persons who
are significant in the history of the
City, region, or State.
- It embodies the distinctive characteristics of a
type, architectural style, period, or method of construction, or represents
the work of an architect, designer, engineer, or builder whose work is of
significance to the
City or, to the region or possesses artistic values of
significance to the
City or to the region.
- It has yielded, or may be likely to yield,
information important locally in prehistory or history.
- Historic signs.
- A historic sign shall include all signs in the
sign inventory as of the date of adoption of this
Zoning Code and any sign
subsequently designated historically significant by the
Historic Preservation
Commission that possesses high artistic values.
A historic sign shall meet one or more or the following criteria:
- The sign is exemplary of technology, craftsmanship or design of
the period when it was constructed, uses historic sign materials and
means of illumination, and is not significantly altered from its
historic period. Historic sign materials shall include metal or wood
facings, or paint directly on the façade of a building. Historic
means of illumination shall include incandescent light fixtures or
neon tubing on the exterior of the sign. If the sign has been
altered, it must be restorable to its historic function and
appearance.
- The sign is integrated with the architecture of the building.
- A sign not meeting criteria a or b above may be considered for
inclusion in the inventory if it demonstrates extraordinary
aesthetic quality, creativity, or innovation.
- All other
regulations relating to signs shall
comply with Chapter 17.48 (Signs).
- Landmark trees. A tree shall qualify to be of historic or cultural
significance and of importance to the community if it meets any one of the
following criteria:
- It is one of the largest or oldest trees of the
species located in the
City;
- It has historical significance due to an
association with a historic event,
person,
site,
street, or
structure; or
- It is a defining landmark or significant
outstanding feature of a neighborhood.
- Landmark
districts.
- A landmark
district shall include all landmark
districts previously designated before adoption of this Chapter and any grouping
of contiguous properties that also meet the following criteria:
- Within its boundaries, a minimum of 60 percent
of the properties qualify as contributing; and
- The grouping represents a significant and
distinguishable entity of Citywide importance and one or more of a defined
historic, cultural,
development and/or architectural context(s) (e.g., 1991
Citywide historic context, as amended,
historic context prepared in an
intensive-level survey or
historic context prepared specifically for the nominated
landmark district).
- When determining the boundaries of a
landmark district, the
Historic Preservation
Commission
shall use the
National Register of Historic Places Bulletin
#21: "Defining Boundaries for
National Register Properties".
17.62.050 - Process for Designating
Historic Resource
- Application for designation of monument,
landmark, historic sign, or landmark tree.
- An application for the nomination of a historic
monument, landmark (including applications to designate signs or trees) shall
be submitted by a property owner, a member of the
Council, a member of the
Historic Preservation
Commission, or by any interested
person who resides in
the City.
- If the
applicant is not the owner of the
property, the
Director shall, within 10 days of submittal of the application,
notify the owner in writing that an application for designation has been
submitted.
- Within 30 days of submittal of an application
for nomination, the
Director shall determine if the application is complete and
if the nominated property meets the applicable criteria for designation, and
shall notify the
applicant and/or property owner in writing whether or not the
property is eligible for designation.
- If the
Director determines that the property is
not eligible for designation, the
applicant and/or property owner may
appeal
the decision to the
Historic Preservation
Commission, and the
Historic
Preservation
Commission shall review the nomination at a public hearing noticed
and conducted in compliance with Chapter 17.76 (Public Hearings).
- If the
Director determines that the property is
eligible for designation, the
Director shall prepare a designation report
within 45 days of the determination of eligibility, which shall establish in
the record that the property meets the applicable criteria, and schedule a
public hearing before the
Historic Preservation
Commission.
- For historic monuments or landmarks, the report
shall include a map of the property with boundaries for the proposed
designation and a legal description of the property. For a historic sign or
landmark tree, the report shall include the legal description of the property
on which the sign or tree is located.
- Review of designation applications.
- At a public hearing, the
Historic Preservation
Commission shall review the application and designation report and recommend
approval of the designation to the
Council
or disapprove the application.
A decision by the Historic Preservation
Commission
to disapprove the application shall be final unless appealed to or called for
review by the City
Council.
- Following receipt of the written recommendation
from the Historic Preservation
Commission, the
City Clerk shall schedule a
noticed public hearing before the
Council within 60 days.
- The
Council may approve, modify, or disapprove
the designation of a historic monument, landmark, historic sign, landmark
tree or landmark district.
- Declaration of designation.
- The designation of a historic monument,
landmark, historic sign, landmark tree, or landmark district shall be approved by a declaration of
designation executed by the Mayor.
- Notice of the designation shall be mailed to
the owner of record of the designated property.
- The
City Clerk shall record the declaration in
the Office of the County Recorder.
- Interim Protection for
Historic Resources while designation is
pending.
- After the Historic Preservation Commission, issues a recommendation for approval of
an application for designation of a historic monument, landmark, or
landmark district, no person, owner, or other
entity shall undertake a major project without first
obtaining approval in compliance with the category 1 review
procedures in Section. 17.62.090. These interim provisions shall apply
only to contributing properties and structures as determined by the
Director.
- The interim protections of this section shall not be applied to
applications for a Certificate of Appropriateness deemed complete
before a decision has been issued by the Historic Preservation
Commission on a proposed designation, including those applications
that have been delayed according to Section 17.62.090.D.2.
-
If the Council disapproves an application for
designation of a historic monument, landmark, or landmark district,
or modifies the boundaries of a district to exclude a property
proposed for designation, the interim protections shall no longer
apply to those properties and a Certificate of Appropriateness shall
no longer be required.
17.62.060 - Rescinding or Amending a Designation
- Procedure for rescinding or amending. Rescission of, or amendment to, a designation of a
historic monument, landmark, historic sign, or landmark tree shall follow the
same procedure as the procedure for designation of a
historic resource, in
compliance with
Section
17.62.050, above.
- Required findings. In rescinding the designation of a historic monument
or landmark, the
Council shall determine that the historic monument, landmark,
historic sign, or landmark tree no longer meets the designation criteria due to
findings of fact that:
- New information compromises the significance of
the property;
- Destruction of the historic monument, landmark,
historic sign, or landmark tree through a catastrophic event has rendered the
structure a hazard to the public health, safety, or welfare; or
- The historic monument, landmark, historic sign,
or landmark tree has been demolished, relocated, or removed.
- Notice of the
rescission or amendment.
- Notice of the rescission of or amendment to a
designation shall be mailed to the owner of record of the subject property.
- The
City Clerk shall file for removal of the
recordation with the Office of the County Recorder.
17.62.070 - Designating Landmark
Districts
- LD overlay
zoning district
regulations The land
use and
development
regulations applicable
in a landmark
district (LD) overlay
zoning district shall be as prescribed for
the base
zoning district with which it is combined, provided that the requirements
of the LD overlay
zoning district shall govern where conflicts arise.
- Application for designation.
- An application for designation of a landmark
district shall be submitted to the
Director by a neighborhood organization or
owner(s) of property in the proposed
district.
- The application shall include:
- Documentation by letter or preliminary petition
that a majority of the owners of property in the proposed
district support the
designation;
- A map with the boundaries of the proposed
district;
and
- An inventory and photographs of all properties
in the proposed
district, including both contributing and noncontributing
properties.
- Within 60 days of the determination that the
application is complete, the
Director shall prepare a designation report,
establishing in the record that the landmark
district meets, or does not meet,
the applicable criteria for designation, and shall schedule a public hearing
before the
Historic Preservation
Commission, noticed and conducted in
compliance with Chapter 17.76 (Public Hearings), except that the notice shall
apply only to property owners within the boundaries of the proposed
district.
This designation report shall include a defined period of significance
for each
district
that meets the criteria for designation.
- The hearing by the
Historic Preservation
Commission shall include a workshop on landmark
district designation for
property owners and residents of the area.
- Review of
landmark district designation application.
- At a public hearing, the
Historic Preservation
Commission
shall review the application and designation report and recommend
approval of the designation to the Council or deny the application. A
decision by the
Historic Preservation
Commission
to deny the application is final unless appealed or called for review by
the City
Council.
- The
Historic Preservation
Commission's recommendation for
approval shall be based on the
finding that the landmark
district meets the criteria for designation as
specified in
Section
17.62.040(F) above.
- Following the public hearing,
the Director shall forward the application with the recommendation for
designation from the
Historic Preservation
Commission to the
Planning
Commission with the submittal requirements in Subsection E. below for a Zoning
Map amendment.
-
Planning Commission review of Zoning Map
amendment.
- The
Planning Commission shall
hold a public hearing on the application for a Zoning Map amendment for a
landmark district (LD) overlay
zoning district.
- The hearing shall be held no
later than 12 months after the date the
Director determines the application is
complete in compliance with
Section
17.60.060 (Initial Application Review).
- The
Planning Commission may
consider the Zoning Map amendment application only if the application is
accompanied by a final petition with the signatures from at least 51 percent of
the property owners as specified in Subsection E., below.
- If the number of property owners
in support of the application is below 51 percent at the time of the hearing or
the end of the 12-month period, the application shall be considered withdrawn
and ineligible for resubmittal for a minimum period of 12 months in compliance
with Section
17.64.090 (Resubmittals).
- Required submittals for
Planning Commission
review of Zoning Map amendment. The
application for a Zoning Map amendment for a landmark
district (LD) overlay
zoning district shall include the following materials:
- A petition in support of the
designation with signatures of a minimum of 51 percent of the owners of the
legal lots within the boundaries;
- A map with the boundaries of the
proposed district;
- A legal description of the
district; and
- An inventory of all properties
in the district including contributing and noncontributing properties.
-
Planning Commission's review of LD overlay.
- The
Planning Commission shall
review the application at a public hearing and forward a recommendation to the
Council.
- Notice of the public hearing
shall be provided, and the hearing shall be conducted in compliance with
Chapter 17.76 (Public Hearings) except that the notice shall apply only to
property owners within the boundaries of the proposed
district.
-
Council
review of application.
- Within 30 days of
the decision by the
Planning Commission, the
Director shall request that the
City Clerk schedule a public hearing by the
Council and shall submit the
following documentation to the
City Clerk:
- Recommendations from the
Historic Preservation
Commission and the
Planning Commission;
- A map with the boundaries of the proposed
district; and
- A legal description of the proposed
district.
- The
Council shall review the application at a
public hearing.
- Within 30 days of the receipt of the
documentation identified in Subparagraph 1., above, the
City Clerk shall
schedule a public hearing before the
Council.
- Notice of the public hearing shall be provided,
and the hearing shall be conducted in compliance with Chapter
17.76 (Public
Hearings) except that the notice shall apply only to property owners within the
boundaries of the proposed
district.
- The
Council may approve, modify, or disapprove
the designation.
-
Approval by the
Council shall be based on the
finding that the landmark
district meets the criteria for designation as
specified in Subsection 17.62.040.E above.
- The landmark
district designation shall be
approved by a declaration of designation to be executed by the Mayor.
- The
City Clerk shall record the declaration in
the Office of the County Recorder.
- Procedure for rescission of or amendment to a
landmark district
or conservation plan.
-
Rescission of a landmark district overlay or an existing
conservation plan and amendments to the boundaries of a landmark
district overlay or to an existing conservation plan for a district
shall follow the procedures identified above for designation of a
landmark district. The following criteria shall apply to amendments
to boundaries of a landmark district overlay:
-
Within the boundaries of an area added to an existing
landmark district, a minimum of 60 percent of the properties
shall qualify as contributing, and
-
The petition in support of the application shall have
signatures from a minimum of 51 percent of the owners of the
legal lots within the area proposed for inclusion in the
district.
- If an existing conservation plan for a landmark district is
rescinded, regulatory reviews of projects shall follow the
procedures of this chapter.
17.62.080 - Acquisition of Historic
Easements on Facades
- Historic
easements acquired by condemnation,
donation, or purchase. Historic
easements on the facades of
structures designated as historic monuments or
landmarks may be acquired by the
City through condemnation, donation, or
purchase.
- Contents of historic
easements. An historic
easement would include any condition,
covenant,
easement, or restriction running with the land designed to preserve
and maintain the significant features of the historic monuments or landmarks.
17.62.090 -
Alteration,
Demolition, or Relocation of a
Historic Resource
- Exception to Certificate of Appropriateness requirement. A
Certificate of Appropriateness is not required for properties already
entitled for demolition or major alteration through an adopted Master
Development Plan, Planned Development, Development Agreement, Adjustment
Permit, Use Permit, Variance or similar land use approval – or for
demolitions analyzed and cleared through an adopted negative declaration,
mitigated negative declaration, or certified EIR.
- Compliance with
Section. No
person, owner, or other entity shall undertake a
major or minor
project to a designated
historic resource or
historic resource
eligible for designation or new construction in a landmark or
historic district
as defined below without first obtaining
approval in compliance with this
Section.
- Application submittal requirements.
- Any
person, owner, or entity applying for a
permit for exterior work that substantially
alters, demolishes, or relocates a
designated
historic resource or
historic resource eligible for designation, for
work that
alters a designated interior or
alters or removes a
fixture designed
by Greene and Greene, or by Charles or Henry Greene, or for new construction in
a designated
district shall submit to the
Department an application for a
Certificate of Appropriateness, plans, specifications and/or other
documentation pertaining to the work as required by the
Director.
-
Alterations not requiring a
Building Permit,
but identified for Design Review in an adopted conservation plan shall be
subject to the same submittal requirements.
- Compliance with California
State Historical
Building Code.
- Any designated
historic resource may, upon
request of the
applicant for a permit, be subject to the provisions of the
California
State Historical Building Code if the work is required to comply
with the Secretary's Standards.
- The California
State Historical Building Code
may also apply to an un-designated property if the
Director determines that the
property qualifies for a historic designation.
- Review
procedures for
historic resources.
- Category 1
review procedures. Category 1 review
procedures shall apply to all designated
historic resources.
-
Decision within 30 days. If the proposed work is a major or minor
project
that affects a designated
historic resource, the
Director or the
Historic Preservation
Commission as
required by this Chapter shall render a
decision within 30 days after receiving
a complete application, provided the work is not part of a
project that
requires an Initial Study or
Environmental Impact Report.
- Major
project. The
Historic Preservation
Commission may approve, approve with
conditions, or disapprove a Certificate of Appropriateness for a proposed major
project.
- Minor
project. The
Director may approve, approve with conditions,
or disapprove a minor
project.
-
Economic Hardship Variance.
At the time of application for a Certificate of
Appropriateness, an
applicant may apply
to the
Historic Preservation
Commission for an
Economic Hardship Variance.
(1)
Proof of economic
hardship. The application shall
include proof by the owner of the property of economic hardship.
(2) Documentation required by
Director. The
Director may require
the documents and/or testimony necessary to substantiate a claim of economic
hardship.
(3) Findings for
Economic
Hardship Variance. The
approval of
an Economic Hardship Variance shall be based on the findings that:
(a) The owner of the property is
qualified as very-low or low income; and
(b) If the Certificate of
Appropriateness is for an income-producing property, the property is not in a
state caused by demolition by neglect.
- Category 2 review
procedures. Category 2 review
procedures shall apply to an eligible
or potentially eligible
historic resource.
-
Decision within 30 days. If the proposed work is a major
project affecting a
historic resource determined eligible for designation, the
Historic Preservation
Commission or
Director shall render a
decision within 30 days of the submittal
of a complete application, provided the work is not part of a
project that
requires another discretionary action requiring an
Initial Study or
Environmental Impact Report.
- Director's determination of compliance with criteria. In
reviewing a proposed major project except demolition and front yard
fences or walls affecting a
historic resource that is not
designated, but determined to be eligible for designation, the
Director shall determine if the
historic resource meets the criteria
for designation as a historic monument, landmark, or for listing in
the National Register, or is a contributing structure to a potential
historic district.
- Determination of
alteration
or new construction as a significant
adverse effect. If the work is not part of a
project that requires
another discretionary action and the
historic resource has a 2, 3, 4
or 5S2
in a
historic resources survey, the
Director shall determine if the proposed major
project
constitutes:
- If not a significant
adverse
effect. If a major
project does not
constitute a significant
adverse effect, the
Director shall approve the
project.
- If a significant
adverse
effect. If a
project would result in
a significant
adverse effect, the
Director may delay the
project for a period
up to but not exceeding 180 days.
-
Director's efforts during delay. During the delay period, the
Director may work with
the applicant on modifying the design so that its meets the
Secretary's Standards, relocating the
structure to another
site
or identifying other alternatives for preservation.
- If a significant
adverse
effect that can be mitigated. If a
project would result in a significant
adverse effect that can be mitigated, the
Director may approve the major
project with conditions that comply with the
Secretary's Standards.
-
Demolition
project.
If a
project involves a
demolition of a
historic resource determined eligible for designation with a 2,
3, 4, 5S2 or 5D2 status
code
as defined by the State Office of Historic Preservation’s Historical
Resources Status Codes, the
Historic Preservation
Commission shall review
the application at a public hearing noticed and conducted in compliance with
Chapter 17.76 (Public Hearings).
-
Historic Preservation
Commission's action to delay
demolition. The
Historic Preservation
Commission may delay the
demolition for a period of up to but not exceeding 180 days.
-
Historic Preservation
Commission's efforts during delay. During the delay period, the
Historic Preservation
Commission may work with the
applicant on modifying the design so that it meets
the Secretary's Standards, relocating the
structure to another
site,
or identifying other alternatives for preservation, or it may proceed with the
designation of the property as a historic monument or landmark.
-
End of delay period. At the end of a period established by either the Director
or
Historic Preservation
Commission,
the Director shall issue the certificate of appropriateness, which
may include any changes to the original project that were agreed
upon during the delay period.
- Required findings for approval of a Certificate of
Appropriateness. Approval of a Certificate of Appropriateness shall
be based on the following findings:
- If a project is a demolition or relocation, including demolition
in a historic or landmark district, the project will not cause a
significant adverse effect as defined in the State CEQA guidelines;
or
- If a project is an alteration or new construction, the project
complies with the Secretary's Standards or adopted guidelines based
on the Secretary's Standards.
-
Additional findings for demolition of
historic resources
(excluding non-contributing structures). In addition to the findings
required in Section 17.62.090.E.3, the Commission must make one of the
following findings to approve demolition of a designated
historic resource:
-
The building has experienced severe structural damage and
there is substantial evidence to support this conclusion from at
least two sources (e.g., structural engineer, architect); or
-
No economically reasonable, practical, or viable measures
could be taken to adaptively use, rehabilitate, or restore the
building or structure on its existing site—and there is
substantial evidence to support this conclusion from at least
two sources (e.g., structural engineer, architect); or
-
A compelling public interest justifies demolition.
- Conditions of approval. As a condition of approval for
demolition, the Commission may require historic materials to be
salvaged from a property, and it may require archival-quality
photo-documentation of the building and/or architectural drawings
similar to those required for the Historic American Buildings Survey
(HABS).
17.62.100 - Replacement
Building Permit Requirements
-
Building Permit required before issuance of a
demolition permit. No permit for the
demolition of a
structure that is a
primary structure on a property may be
issued unless a
Building Permit has been issued for construction of a
replacement
project or
structure.
This requirement applies solely to any primary structure(s) on a property as
determined by the Director.
- Relief from the requirements of this
Section.
- An
applicant for a
demolition may apply to the
Historic Preservation
Commission for relief from the requirements of this
Section. The
Historic Preservation
Commission may approve the application if:
- The
structure to be demolished is not a
designated historic resource or a resource eligible for designation (excluding
noncontributing
structures in landmark
districts and
historic districts);
- The
demolition does not result in the loss of
habitable dwelling units on a property zoned for
residential use; and
- The proposed
demolition would not result in the
disruption of a continuous grouping of architecturally significant
structures
or create an inappropriate void in the existing architectural or visual
character of the area.
- In lieu of the findings identified in
Subparagraph 1., above, the
Historic Preservation
Commission may also approve the
application if it finds that granting relief from the requirements of this
Section serves an overriding public benefit and will not be detrimental or
injurious to property or improvements in the vicinity of the
project
site, or
to the public health, safety, or general welfare.
- The
Director shall be the
review authority on
applications for relief from the requirements of this
Section if the
demolition
involves a
structure
determined ineligible for historic designation.
17.62.110 - Review of Major
Projects Affecting
City-Owned
Historic Resources
- Designated
historic resources. The
Historic Preservation
Commission shall review
major
projects affecting
City-owned, designated
historic resources, including
changes to designated public and quasi-public interior spaces, and forward its
recommendation on these
projects to the Design
Commission.
-
Historic resources determined eligible for
designation. The
Director may also
request the
Historic Preservation
Commission to review major
projects affecting
City-owned
historic resources determined eligible for designation, and to
forward recommendations on these
projects to the Design
Commission.
17.62.120 -
Demolition or
Alteration of a
Historic Resource without a Permit
- Failure to comply with this Chapter.
-
Demolition, including
demolition by neglect, or
alteration of any designated
historic resource, including designated
historic
resources within the Central
District, without compliance with this Chapter is
expressly declared to be a nuisance, and shall be abated by reconstructing or
restoring the property to its condition before the performance of work in
violation of this Chapter, or in the case of
demolition by neglect, by
completing the work as required to stabilize and arrest further deterioration
of the property.
- The owner of the property shall begin the
corrective work identified in Subparagraph 1., above, within 30 days of
receiving notice from the
Director about an illegal
alteration,
demolition, or
a citation of
demolition by neglect in violation of this Chapter. The
corrective work shall be diligently pursued and completed within 12 months of
the date of the
Director's notice.
- The property owner may apply to the
Historic
Preservation
Commission to extend the 12-month deadline.
- The
Historic Preservation
Commission may extend
the time period if it finds that the corrective work cannot reasonably be
performed within 12 months.
- If the owner fails to complete the necessary
work as described above, then the
City may, after a noticed public hearing
before the
Historic Preservation
Commission, cause the stabilization,
reconstruction, or restoration to be done, and the owner shall reimburse the
City for all costs incurred in doing the work.
- The cost of the work performed by the
City
shall constitute a lien against the property on which the work is performed.
- Restoration or reconstruction may only be
required when plans or other evidence are available to effect the
reconstruction or restoration to the satisfaction of the
Director.
- Penalty for
demolition without a Certificate
of Appropriateness.
- Designated
historic resource. If a designated
historic resource is demolished
without a Certificate of Appropriateness as required by this Chapter or a
Demolition Permit, and is not restored or reconstructed as required by
Subsection A., above, no
building or construction-related permits shall be
issued, and no permits or
use of the property shall be allowed, from the date
of demolition for a period of five years.
- Eligible
historic resource. If an eligible
historic resource is demolished
without a Certificate of Appropriateness as required by this Chapter or a
Demolition Permit, and is not restored or reconstructed as required by
Subsection A., above, no
building or construction-related permits shall be
issued for a period of four years.
- All other
structures. If a
structure not classified as a designated or
eligible historic resource, or noncontributing
building in a landmark
district,
is demolished without a Certificate of Appropriateness as required by this
Chapter, or a
Demolition Permit, no
building or construction-related permits
shall be issued for a period of 12 months. This penalty applies solely to
illegal demolition of
primary structures on a
site and does not apply to
accessory
structures.
- Date of actual
demolition. For purposes of this
Section, the
demolition shall
be presumed to have occurred on the date the
City has actual knowledge of the
demolition. The owner shall have the burden of proving a different date if one
is claimed.
-
Director shall provide notice.
- The
Director shall provide
notice by certified mail of the applicability of this
Section to the owner, as
shown on the rolls of the County Tax Assessor, and any other
person known to
have an interest in the property, as soon as practicable after having knowledge
that the provisions of this
Section are applicable to the subject property.
- The date the
City first had actual
knowledge of the
demolition shall be stated in the notice.
-
Director's
decision may be appealed to the
Historic
Preservation
Commission.
-
Appeal in compliance with
Chapter 17.72. The
decision of the
Director that this
Section is applicable to the subject property may be
appealed by the property owner to the
Historic Preservation
Commission in
compliance with Chapter 17.72 (Appeals).
-
Historic Preservation
Commission's action to grant relief.
The
Historic Preservation
Commission may grant relief
from the requirements of this section:
- If the violation of this
Section did not involve a designated
historic
resource (excluding noncontributing
structures in
districts) or a
historic
resource that was eligible for landmark designation either individually or as
part of a district or listing in the
National Register of Historic Places
either individually or as part of a listed
district or
district eligible for
listing; or
- If it finds that the new
construction serves an overriding public benefit and will not be detrimental or
injurious to property or improvements in the vicinity of the
project
site, or
to the public health, safety, or general welfare.
-
Council's consideration of an
appeal.
- The
applicant and/or property
owner may appeal the
decision of the
Historic Preservation
Commission regarding
either Subparagraphs 1. or 2., above, to the
Council.
- The
Council shall consider the
appeal at a public hearing noticed and conducted in compliance with Chapter
17.76 (Public Hearings).
- The
Council's action on the
appeal shall be final.
- All property shall be
maintained in an orderly state. All
property subject to the provisions of this
Section shall be maintained in an
orderly state.
- Installation and maintenance
of landscaping required. The owner
shall maintain all existing trees and
landscaping on the property where the
demolition occurred, and, when appropriate, shall sod and seed the property or
otherwise install planting and
landscaping materials in a manner satisfactory
to the Director.
- Design review of new
construction. Any new construction
on the subject property after the time period within which
building and other
development permits may not be issued shall be subject to Design Review by the
Historic Preservation
Commission, if located outside of the Central
District.
- Additional requirements for compliance.
- Determination of previous
appearance or condition. Restoration
or reconstruction may only be required when plans or other evidence are
available to the
City from which the prior appearance or condition of the
structure can be determined. In the event the appearance of the
structure
before the unapproved work cannot be determined, the owner shall obtain all
required permits for the
alteration or new construction.
- Compliance with
Secretary's Standards or applicable design guidelines. For an
alteration or new construction in a landmark
or historic district, all work authorized by the permits shall comply with the
Secretary's Standards or applicable guidelines, and shall be
reviewed by the
Director for compliance with this Chapter.
- Shall constitute a separate
offense. In compliance with
Section
1.24.030 of the
Municipal Code, each day the
alteration exists without
approval
or a valid
Building Permit shall constitute a separate offense.
- Violations.
- May be charged as
misdemeanors. In compliance with
City Charter
Section 512, and
Municipal Code Chapter 1.24, a violation of this
Chapter may be charged by the
City prosecutor as a misdemeanor and be punished
accordingly.
- Penalties are cumulative and
not exclusive. The criminal
penalties are cumulative and not exclusive to any legal or equitable remedies
for the violations.
- Public safety exceptions.
- Preservation of the health and safety of the
public. Notwithstanding any other
provision of this Chapter, the
Director may authorize permits to demolish,
relocate, remove, or significantly
alter a designated or eligible
historic
resource if a permit is necessary for the preservation of the health and safety
of the public.
- Limited to work necessary to protect the
public.
Approval in compliance with
this Subsection shall be limited to the work necessary to protect the public.
17.62.130 - Incentives for Preserving
Historic Resources
-
Council shall adopt a program of economic
incentives. In order to carry out
more effectively and equitably the purposes of this Chapter, the
Council shall
by resolution adopt a program of economic and other incentives to support the
preservation, maintenance, and appropriate rehabilitation of the
City's significant
historic resources.
- Preservation incentives. Preservation incentives shall be made available to
owners of properties that are individually designated historic monuments or
landmarks, or individually listed in the
National Register of Historic Places,
or properties that are contributing to designated landmark
districts, or
districts listed in the
National Register through:
- Reduction of
Building Permit fees and
construction tax. A reduction of
Building Permit fees and construction tax
for the following
projects found to be in compliance with the
Secretary's Standards:
- Exterior work that includes the repair,
replacement, or restoration in kind of significant
architectural features.
- Re-roofing with similar material or repair and
replacement of roofing where the roof is a significant
architectural feature.
- Relocation to another
site inside the
City.
- Restoration of significant
fixtures designed by
Greene and Greene or other designated interior spaces.
- Seismic reinforcement and other structural
stabilization and repair.
- Waiver of covered parking requirements. For designated
historic resources, the requirement
for two covered
parking spaces B when adding
floor area to a residential dwelling B
shall be waived if an existing one-car
garage contributes to the significance
of the property and/or
district and it is in good condition or, if
deteriorated, it will be returned to good condition as part of the work to add
new living space to the dwelling.
- Variances for
Historic Resources. Variances for
historic resources may be granted in
compliance with
Section
17.61.080.
- Historic
Property Contracts.
- Purpose.
(1) The purpose of this
Subparagraph is to implement State law (
Government Code
Sections 50280-50290),
allowing the
approval of Historic Property Contracts by establishing a uniform
procedure for the owners of qualified historic properties within the
City to
enter into contracts with the
City.
(2) The
Council finds and
determines that entering into Historic Property Contracts, as hereinafter provided,
is an incentive for owners of designated
historic resources to rehabilitate and
preserve their properties.
(3) The
Council further finds
that the preservation will assist in maintaining the
City's existing stock of affordable housing and support the
goals and objectives in the Land
Use Element of the
General Plan about
preserving historically and architecturally significant
structures.
- Limitations on eligibility.
(1) It is the intent of the
Council that unrealized revenue to the
City from property taxes not collected
due to executed Historic Property Contracts shall not exceed a total of
$75,000.00 annually, or $25,000.00 for any one individual property, unless
approved by the
Council.
(2) In furtherance of this policy, Historic Property
Contracts shall be limited to a maximum of 20
single-family residential
properties each year and six
multi-family
residential, commercial, or industrial properties each year, unless the
Council
approves additional contracts beyond these limits.
(3) For the purpose of this
Subparagraph, "assessed valuation" does not include any portion of
the value of a mixed-use
structure which is already exempt from payment of
property taxes by a determination of the
County Assessor in compliance with
Sections 4(b) and 5 of Article XIII of the California Constitution and
Sections
214, 254.5, and 259.5 of the Revenue and Taxation
Code.
- Required provisions of
Historic Property Contracts.
(1) The required provisions of a
Historic Property Contract shall be those required by State law (
Government
Code Sections 50281 and 50282) including the following specifications:
(a) The contract term shall be 10
years minimum, with automatic renewal yearly on the anniversary of the contract
date.
(b) The contract agreement is to
assist the preservation of the
historic resource; therefore, restoration and
rehabilitation of the property shall conform to the rules and
regulations of
the State of California Office of
Historic Preservation (Department of Parks
and Recreation), the Secretary's Standards,
and the State Historical Building Code.
(c) The owner agrees to permit
periodic examination of the interior and exterior of the premises by the
County
Assessor, the Department of Parks and Recreation, the State Board of
Equalization, and the
City, as may be necessary to verify the owner's compliance with the contract agreement, and to
provide any information requested to ensure compliance with the contract
agreement.
(d) The contract shall be binding on
all successors-in-interest of the owner to the benefits and burdens of the
contract.
(e) The
City shall provide written
notice of the contract to the State of California Office of
Historic
Preservation within 180 days of entering into the contract.
(f) The procedure for notice of
non-renewal by the owner or the
City, shall be as identified in State law
(Government Code
Section 50282 (a), (b), and (c) and
Section 50285).
(2) Additionally, the contract
shall state that the
City may cancel the contract if it determines that the
owner has breached any of the conditions of the contract or has allowed the
property to deteriorate to the point that it no longer meets the significance
criteria under which it was designated.
(3) Additionally, the contract
shall state that if the
City cancels the contract for any of these reasons the
owner shall pay the State of California a cancellation fee of twelve and
one-half percent of the full value of the property at the time of cancellation,
as determined by the
County Assessor without regard to any restriction on the
property imposed by the Historic Property Contract.
(4) The contract shall also
provide that in the event preservation, rehabilitation, or restoration becomes
infeasible due to damage caused by natural disaster (e.g., earthquake, fire,
flood, etc.), the
City may cancel the contract without requiring the owner to
pay the State of California the above-referenced cancellation fee as a
penalty. However, in this event, a contract shall not be cancelled by the
City
unless the City determines, after consultation with the State of California
Office of Historic Preservation, in compliance with Public Resources
Code
Section 5028, that preservation, rehabilitation, or restoration is infeasible.
(5) The
City shall maintain a
sample "Historic Property Contract" with all required provisions
specified by this Subparagraph.
- Administrative Guidelines. The City Manager, or designee,
shall issue administrative guidelines for implementation of the
Historic Property contract process.
Chapter 17.64 - Permit Implementation, Time Limits, and Extensions
Sections:
17.64.010 - Purpose of Chapter
This Chapter provides requirements for the
implementation or "exercising" of the permits required by this
Zoning
Code, including time limits and extensions, changes to approved
projects,
voluntary relinquishments, resubmittals, and covenants for
easements.
17.64.020 - Effective Dates
- 11th day. A
decision of the
Director,
Zoning Administrator,
Hearing Officer,
Film Liaison,
Environmental Administrator,
Board of Zoning Appeals (BZA), Design
Commission,
Historic Preservation
Commission (HPC), or
certification of an
EIR shall become effective on the 11th day following the
date of
decision on the application by the appropriate
review authority, unless
an appeal or a
Call for Review of the
review authority's
decision has been
filed before the effective date in compliance with Chapter
17.72 (Appeals).
- Open office hours. When a deadline prescribed by this Chapter falls on a
day when the
City
offices are closed, the deadline shall be extended through
the next day when the offices are open.
- Withdrawal or failure of an
appeal or
Call for
Review. If an
appeal or a
Call for
Review filed in compliance with Chapter 17.72 (Appeals) is withdrawn, or a
Call
for Review fails, the remaining days of the
appeal or
Call for Review period
(e.g., 10 days) shall start from the date on which the
appeal or
Call for
Review is withdrawn or fails.
-
Council's action is final.
-
Council's
action on any matter (e.g.,
appeals, Calls for Review, etc.), except for the
adoption of an ordinance, shall be final and effective on the date the final
decision is made.
-
Council's
action on the adoption of an ordinance, except for an urgency ordinance, shall
become effective on the 31st day following the adoption of an ordinance by the
Council.
17.64.030 - Performance Guarantees
A permit
applicant may be required by conditions of
approval or by action of the
Director to provide adequate security to guarantee
the faithful performance and proper completion of any approved work, and
compliance with conditions of
approval imposed by the
review authority. The
provisions of this
Section apply to performance guarantees for
projects
authorized by any of the land
use permits required by this
Zoning Code.
- Form and amount of security. The required security shall be in a form (e.g., cash
bond, certificate of deposit, surety bond, etc.) approved by the
Director, upon
recommendation of the
City Attorney. The amount of security shall be as
determined by the
Director to be necessary to ensure proper completion of the
work and compliance with conditions of
approval.
- When security
is acceptable.
- No bond or
undertaking executed by a corporation as security or surety delivered to the
City in compliance with the provisions of the
City Charter, any ordinance or
resolution of the
City, any law of the State, or in compliance with the
provisions of any contract or agreement to which the
City may be a party, shall
be accepted by any officer of the
City for and on behalf of the
City unless
both of the following are true:
- The surety on any bond or undertaking is a
corporation authorized by the State Insurance Commissioner to transact surety
business in the State; and
- There is on file, either with the County Clerk
or the City Clerk, a copy, duly certified by the proper authority and attested
by the seal of the corporation, of the transcript or record of appointment
entitling or authorizing the
person(s) purporting to execute the undertaking or
bond for and on behalf of the corporation to act in the premises.
- It shall be the duty of the
City Clerk to note,
by appropriate endorsement on all bonds and undertakings presented to the
City
for acceptance, the compliance or noncompliance with this Subparagraph after
verifying the fact of filing.
- Security for maintenance. In addition to any improvement security required to
guarantee proper completion of work, the
Director may require security for
maintenance of the work in an amount determined by the
Director to be
sufficient to ensure the proper maintenance and functioning of improvements.
- Duration of security. Required improvement security shall remain in effect
until final inspections have been made and all work has been accepted by the
Director, or until any warranty period required by the
Director has elapsed.
Maintenance security shall remain in effect for 12 months after the date of
final inspection.
- Release or
forfeit of security.
- Upon satisfactory completion of work and the
approval of a final inspection (or after the end of the required time for
maintenance security), the improvement and/or maintenance deposits or bonds
shall be released.
- Upon failure to complete the work, failure to
comply with all of the terms of any applicable permit, or failure of the
completed improvements to function properly, the
City may do the required work
or cause it to be done, and collect from the permittee or surety all the costs
incurred by the
City, including the costs of the work, and all related
administrative and inspection costs.
- Any unused portion of the security shall be
refunded to the funding source after deduction of the cost of the work by the
City.
17.64.040 - Time Limits and Extensions
- Time limits.
Unless
other provisions of this Zoning Code establish a different time limit, the
following time limits shall apply to a permit or approval granted in
compliance with Chapter 17.61 (Permit Approval or Disapproval).
- RS districts.
A permit or approval shall be valid for 24 months from the effective
date of approval. It shall expire and become void, except where an
extension of time is approved in compliance with Subsection C below.
-
All other
districts.
A permit or approval shall be valid for 36 months from the effective
date of approval. It shall expire and become void, except where an
extension of time is approved in compliance with Subsection C below.
- Concept design
review.
a. Concept Design Review shall be valid
for 12 months from the effective date of approval
b. Approval shall expire and be void
except where an extension of time is approved. Compliance with
Subsection C below or unless and application for Final Design Review has
been filed before the expiration date and determined complete.
- Exercise of Permit.
- The permit shall not be deemed
“exercised” until a building permit for the subject property has been
issued, and construction diligently pursued to completion; or
- A Certificate of
Occupancy has been issued by the City, or (See
Interpretation)
- If no building permit has been
required, the use has commenced.
- Extensions of
time. Upon request by the applicant,
extension requests shall be processed in the following manner.
1. Application.
a. The applicant shall file a written
request for an extension of time with the Department before expiration of
the permit.
b. The burden of proof is on the
applicant to establish with substantial evidence that the permit should not
expire. The applicant shall provide the evidence in support of the findings
required by this Subsection.
2. RS districts.
a. The Director may grant an extension
for projects in RS districts without notice or public hearing, upon making
the findings in Subsection D (Findings).
b. The Director may grant a time
extension for up to an additional 12 months, from the expiration date of the
initial decision.
3. All other districts.
a. The review authority that originally
approved the permit may grant a one-year extension from the expiration date
of the initial approval upon making the findings in Subsection D
(Findings). A second one-year extension may also be granted.
b. The consideration of the extension
shall occur at a public hearing except for extensions granted by the
Director. Notice shall be the same as the original application. For
extensions of Final or Consolidated Design Review approval, notice shall be
the same as for Concept Design Review or Consolidated Design Review.
4. Concept design review.
a. The Director may grant an extension
for Concept Design Review without notice or public hearing, upon making the
findings in Subsection D (Findings).
b. The Director may grant a time
extension for up to an additional 12 months, from the expiration date of the
initial decision.
-
Findings and decision.
The
review authority may approve or disapprove an application for a time
extension. The review authority may approve a time extension only after
first finding that:
1. The
findings and conditions of the original approval still apply; and
2. The proposed project meets the current height,
setbacks, and floor area ratio requirements of the Zoning Code and is
consistent with the General Plan, any applicable Specific Plan, and the
Zoning Map.
- Exceptions.
The following exceptions apply to the findings required by Subsection D
(Findings).
1. The second finding shall not apply
to a project that has been approved with a Vesting Tentative Map.
2. The second finding shall not apply
to a project that has an approved variance unless the Zoning Code has been
amended and the variance is now a greater deviation from what was originally
approved.
17.64.050 - Changes to an Approved
Project
Development or a new land
use authorized
through a permit granted in compliance with this
Zoning Code shall be
established only as approved by the applicable
review authority and subject to
any conditions of
approval, except where changes to the
project are approved in
compliance with this
Section.
- Request for
change.
- An
applicant may apply for changes to the
project as approved, including the conditions of
approval, only twice in a
single calendar year.
Changes to the time limits or extensions shall not be permitted except
as allowed under subsection D (Time Limits).
- The
applicant shall request the desired changes
in writing and shall also furnish appropriate supporting materials and an
explanation of the reasons for the request.
- The application for the changes shall be
processed, and may be appealed or called for review, in compliance with the
same procedures required for the original permit application.
- Before
approval of the changes, the applicable
review authority shall make the findings required for the original
approval,
and the additional finding that there are changed circumstances sufficient to
justify the modification of the original
approval.
- Changes may be requested either before or after
construction or establishment and operation of the approved
use.
- Minor changes. The
Director may approve changes to an approved
site
plan, architecture, or the nature or conditions of the approved
use if the
changes:
- Are consistent with all applicable provisions
of this Zoning Code;
- Do not involve a feature of the
project that
was specifically addressed in, or was a basis for findings in a
Negative
Declaration (ND), Mitigated
Negative Declaration (MND), or
Environmental Impact
Report (EIR) for the
project;
- Do not involve a feature of the
project that
was specifically addressed in, or was a basis for conditions of
approval for
the project, or that was a specific consideration by the applicable
review
authority in the
approval of the permit; and
- Do not expand the approved floor area or any
outdoor activity area by 10 percent or more over the life of the
project.
- Major changes. Changes to the
project that do not comply with
Subsection B., above, shall only be approved by the applicable
review authority
through a new permit application.
Notice shall be given in the same manner as required for the original
application, in compliance with Chapter 17.76 (Public Hearings).
- Time
Limits.
1. If a major change is approved within
three years of the initial approval, the three-year time limit for the
entitlement shall start on the date on which the major change was approved.
Extensions to the major change may be requested. Any subsequent requests
for a major change shall not reset the time limits.
2. If a major change is approved in the
fourth or fifth year of approval, the three-year time limit for the
entitlement shall start on the date on which the major change was approved.
No subsequent requests for extensions of time shall be allowed, and no
subsequently granted major change will extend the time limits.
17.64.060 - Permits to Run with the Land
A land
use permit granted in compliance with this
Chapter shall continue to be valid upon a change of ownership (e.g., of the
site,
structure, or
use that was the subject of the permit application)
provided that the
use remains in compliance with all applicable provisions of
this
Zoning Code and any conditions of
approval.
17.64.070 - Voluntary Relinquishments
- Voluntary relinquishment allowed. Any land
use permit granted in compliance with this
Zoning Code, except for a Tentative Parcel or Tract Map, may be voluntarily
relinquished by the permittee.
- Procedure. The procedure for voluntary relinquishment shall be the same as the
procedure for obtaining a Minor Variance in compliance with
Section
17.61.080.
- Notice required. Notice shall be given in the same manner as required
for the original application, in compliance with Chapter
17.76 (Public
Hearings).
-
Appeal not allowed. The
decision on a voluntary relinquishment cannot be
appealed or called for review, as these procedures are identified in Chapter
17.72 (Appeals).
17.64.080 - Discontinuance
- Permit shall become void. Any land-use permit granted in compliance with this
Zoning Code shall lapse and become void if the exercise of the rights granted by
it is discontinued for a continuous period of at least 12 months.
(See Interpretation)
- Permit deemed void. Where the permit has been deemed void:
- No further action. No further action is required by the
City;
- No further reliance. No further reliance may be placed on the previously
approved permit;
- No rights. The
applicant shall have no rights previously granted under the
permit; and
- New application(s) required. The
applicant shall file a new application(s) and
obtain all required
approvals before construction can commence or an allowable
use may be implemented.
- Discontinuance. The determination of discontinuance or abandonment
shall be supported by evidence, satisfactory to the
Zoning Administrator (e.g.,
the actual removal of equipment, furniture, machinery,
structures, or other
components of the
use, the turning off of the previously connected utilities,
or where there are no business receipts/records available to provide evidence
that the
use is or has been in continual operation).
17.64.090 - Resubmittals
- Resubmittals prohibited within 12 months. For a period of 12 months following the date of
disapproval of a discretionary land
use permit, entitlement, or amendment, no
application for the same or substantially similar discretionary permit,
entitlement, or amendment for the same
site shall be filed except on the
grounds of new evidence, proof of changed circumstances, or if the disapproval
was without prejudice.
-
Zoning Administrator's determination. The
Zoning Administrator shall determine whether the new application
is for a discretionary land
use permit or other
approval which is the same or
substantially similar to the previously approved or disapproved permit,
entitlement, or amendment.
-
Appeal.
The determination of the
Zoning Administrator may be appealed to the
Board of Zoning Appeals (BZA), in compliance with Chapter
17.72 (Appeals).
17.64.100 - Covenants of
Easements
- 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.
- A Covenant of
Easement may be required to
provide for emergency access,
landscaping, light and air access, ingress and
egress, parking, solar access, or for
open space.
- The Covenant of
Easement may be imposed as a
condition of
approval by the applicable
review authority.
- Form of Covenant. The form of the Covenant shall be approved by the
City Attorney, and the Covenant of
Easement shall:
- Describe the real property to be subject to the
easement;
- Describe the real property to be benefited by
the easement;
- Identify the
City
approval or permit granted
which relied on or required the Covenant; and
- Identify the purpose(s) of the
easement.
- Recordation. The Covenant of
Easement shall be recorded in the County Recorder's Office.
- Effect of Covenant. From and after the time of its recordation, the
Covenant of
Easement shall:
- Act as an
easement in compliance with State law
(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
- 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.
- Enforceability of Covenant. The Covenant of
Easement shall be enforceable by the
successors-in-interest to the real property 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.
- Release of Covenant. The release of the Covenant of
Easement may be
effected by the
Zoning Administrator or
Hearing Officer, or under an
appeal or
Call for Review, following a noticed public hearing in compliance with Chapter
17.76 (Public Hearings).
- 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.
- A notice of the release of the Covenant of
Easement shall be recorded by the
Director with the County Recorder's Office.
- 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
Council's Fee Resolution.
Chapter 17.66 -
Development Agreements
Sections:
17.66.010 - Purpose of Chapter
- Procedures. This Chapter provides procedures and requirements for
the review,
approval, and amendment of
development agreements.
- State law. The provisions of this Chapter are consistent with the provisions of
State law governing
development agreements (Article 2.5 of
Section 4 of
Division 1 of Title 7, commencing with
Government Code
Section 65864).
17.66.020 - Applicability
- Initiation. Consideration of a
development agreement may be initiated by:
- Property owner(s) or other
persons having a
legal or equitable interest in the property proposed to be subject to the
agreement or an authorized
agent of the owner(s); or
- A resolution of intention by the
Council.
- Fully effectuate. In construing the provisions of any
development
agreement executed in compliance with this Chapter, those provisions shall be
read to fully effectuate, and to be consistent with, the language of this
Article, State law (Article 2.5 of the
Government Code, cited above), and the
agreement itself.
- Discrepancies. If an apparent discrepancy between the meaning of
these documents arises, reference shall be made to the following documents, and
in the following order:
- The terms of the
development agreement itself;
- The provisions of this Chapter; and
- The provisions of State law (Article 2.5 of the
Government Code, cited above).
17.66.030 -
Review Authority
An application for a
development agreement shall be
considered by the
Commission and decided by the
Council in compliance with
Section
17.66.040.G (Notice and public hearings), below.
17.66.040 - Application Filing, Processing, and Review
- Application requirements. An owner of real property may request and apply to
enter into a
development agreement provided the following:
- The
development agreement, if approved, would
be in the best interests of the
City;
- The status of the
applicant as the owner of the
subject property is established to the satisfaction of the
Director.
- Only a qualified
applicant or authorized
agent
may file an application in compliance with this Chapter.
- A qualified
applicant is a
person who has legal
or equitable interest in the real property which is the subject of the
development agreement.
- The
Director may require an
applicant to submit
proof of the applicant's interest in the real property and of the authority of
the agent to act for the
applicant.
- The
Director may obtain the opinion of the
City
Attorney as to the sufficiency of the
applicant's interest in the real property
to enter into the agreement.
- The
Director or
City Attorney may require the
submittal of a title report or other evidence to verify the
applicant's legal
or equitable interests in the subject property.
- The application is made on forms approved by
the Director and shall be accompanied by the information and materials
identified in the
Department handout for
Development Agreement applications;
- The application is accompanied by the
applicable fees, in compliance with Subsection C., (Processing and review fees)
below; and
- The
applicant shall be responsible for
providing the evidence in support of the findings required by Subsection G.8.
(Findings) below.
-
Director's action.
- The
Director shall review the application and
determine its completeness.
- Upon determining the application complete, the
Director shall forward a copy of an agreement form proposed by an
applicant to
the City Attorney for review.
- The
Director, in conjunction with the
City
Attorney, shall prepare a staff report and recommendation to the
Commission.
- Processing and review fees.
- Processing fees. Processing fees, as established by the
Council's Fee Resolution, shall be collected for any
application for a
development agreement made in compliance with this Chapter.
- Periodic reviews. Appropriate fees shall be established and collected
for periodic reviews conducted by the
Commission or designated
review authority
in compliance with
Section
17.66.070 (Periodic Review) below.
- Withdrawal of application. An
applicant may withdraw an application filed in
compliance with this Chapter. Any fee(s) required for processing the
application shall not be refunded.
- Form of agreement.
- Standard form. The
Director may propose a form of
development agreement
which may be adopted by resolution of the
Council as a standard form for
development agreements.
-
Applicant's form. An
applicant may submit a proposed form of agreement.
- Form of
development agreement. Each application shall be accompanied by the form of
development agreement proposed by the
applicant. This requirement may be met
by designating the standard form of
development agreement identified in
Subparagraph 1., above and including specific proposals for changes in or
additions to the language of the standard form.
- Content of
development agreement.
- Mandatory provisions. A
development agreement entered into in compliance
with this Chapter shall contain the mandatory provisions specified by State law
(Government Code
Section 65865.2 [Agreement contents]).
- Permissive provisions. A
development agreement entered into in compliance
with this Chapter may contain the permissive provisions specified by State law
(Government Code
Section 65865.2 [Agreement contents]).
- Notice and public hearings.
- Notice. Notice of the hearings, identified in Subsections 3. and 4., below,
shall be given in the form of a Notice of Intention to consider
approval of a
development agreement in compliance with State law (Government Code
Sections 65854,
65856, and 65867), Chapter 17.76 (Public Hearings), and any other notice
required by law for other actions to be considered concurrently with the
development agreement.
- Planning agency. The
Commission shall serve as the planning agency on
development agreement applications in compliance with State law (Government
Code Section 65867).
-
Commission's action.
The
Director, upon finding the application for a
development agreement complete,
shall set the application, together with recommendations, for a public hearing
before the
Commission. Following conclusion of the public hearing, the
Commission shall forward a written recommendation to the
Council that it
approve, conditionally approve, or disapprove the application. The
Commission's recommendation shall be supported by the findings
identified in Subparagraph 8., below.
-
Council's action.
Upon
receipt of the
Commission's recommendation, the
City Clerk shall set the
application and written recommendation 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 in
compliance with findings identified in Subparagraph 8., below. Matters not
previously considered by the
Commission during its hearing may be referred back
to the Commission for report and recommendation. The
Commission need not hold
a public hearing when considering the
Council's referral.
- Variances or exceptions. Nothing in a
development agreement shall act as the
grant of a Variance or exception to any requirement of the
Zoning Code, or
limit the discretion of any
review authority in approving or disapproving a
Variance or exception.
- Ordinance.
Approval of a
development agreement shall be by ordinance.
The ordinance shall be in compliance with State law (Government Code
Section
65867.5) and shall contain the findings identified in Subparagraph 8., below,
and the facts supporting them.
- Evidence. The
applicant shall be responsible for providing the
evidence in support of the findings.
- Findings. The
development agreement shall be approved only if
the following findings of fact can be made in a positive manner. The
development agreement:
- Would be in the best interests
of the City;
- Is in conformance with the
goals, policies, and objectives of the
General Plan and the purpose and intent
of any applicable
specific plan, and this
Zoning Code;
- Would not be detrimental to the
health, safety, and general welfare of
persons residing in the immediate area,
nor be detrimental or injurious to property or
persons in the general
neighborhood or to the general welfare of the residents of the
City; and
- Is consistent with the
provisions of State law (Government Code
Sections 65864 through 65869.5.)
- Irregularity in proceedings. No action, inaction, or recommendation regarding a
proposed development agreement shall be void, invalid, or set aside by a
court
by reason of any error or irregularity in compliance with State law (Government
Code Section 65801.)
- Referendum. The ordinance may be subjected to referendum in
compliance with State law (Government Code
Section 65867.5).
17.66.050 - Execution and Recordation
- Effective date. The
City shall not execute a
development agreement
until on or after the date on which the ordinance approving the agreement,
enacted in compliance with Subsection G.6. above, becomes effective.
- Mutual consent. A
development agreement may be executed only on the
mutual, written consent of each party to the agreement.
- Conditioning
approval.
The provisions of this Chapter shall not be construed
to prohibit the
Zoning Administrator,
Hearing Officer,
Commission, or
Council
from conditioning
approval of a discretionary permit or entitlement on the
execution of a
development agreement where the condition is otherwise
authorized by law.
- Recordation. Within 10 days after the effective date of a
development agreement,
or any modification or cancellation thereof, the
City Clerk shall have the
agreement, the modification, or cancellation notice recorded with the County
Recorder of Los Angeles County.
17.66.060 -
Environmental Review
The
approval or conditional
approval of a
development
agreement in compliance with this Chapter shall be deemed a discretionary act
for purposes of the
California Environmental Quality Act (CEQA) and the
City's
Environmental Policy Guidelines.
17.66.070 - Periodic Review
- Periodic reviews required.
- Every
development agreement, approved and
executed, shall be subject to periodic reviews during the full term of the
agreement.
- The
development agreement shall be reviewed by
the City at least every 12 months from the date the agreement is entered into.
- The
review authority to conduct the periodic
review may be designated in the agreement. If no
review authority is
designated, the review shall be conducted by the
Commission.
- Appropriate fees to cover the
City's cost(s) to
conduct the periodic reviews shall be collected from the
applicant/contracting
party in compliance with Subsection C., (Processing and review fees) above.
- The review hearing.
- The
Commission or designated
review authority
shall conduct a public review hearing.
- The purpose of the review shall be to determine
whether the
applicant/contracting party or the successor(s)-in-interest has
complied in good faith with the terms and conditions of the
development
agreement.
- The burden of proof shall be on the
applicant/contracting party or the successor(s)-in-interest to demonstrate
compliance to the full satisfaction of, and in a manner prescribed by, the
Commission or designated
review authority.
- Compliance assessment.
- If the
Commission or designated
review
authority finds, on the basis of substantial evidence, that the
applicant/contracting party or the successor(s)-in-interest has complied in
good faith with the terms or conditions of the agreement during the period
under review, no further action is required.
- However, if the
Commission or designated
review
authority finds, on the basis of substantial evidence, that the
applicant/contracting party or the successor(s)-in-interest has not complied in
good faith with the terms or conditions of the agreement during the period
under review, the
Commission or designated
review authority may recommend to
the Council that it order the agreement to be terminated or modified.
- Notice of hearing to terminate or modify. If the
City determines to proceed with termination
or modification of the agreement, the
City shall give notice to the property
owner of its intention to do so. The notice shall contain the following:
- The date, time, and place of the hearing;
- A statement as to whether or not the
City
proposes to terminate or modify the
Development Agreement; and
- Other information which the
City considers
relevant to the nature of the proceeding.
-
Council's hearing on termination or modification.
- At the public hearing on termination or
modification of the agreement, the
applicant/ contracting party or the
successor(s)-in-interest shall be given an opportunity to be heard. The
Council may refer the matter back to the
Commission or designated
review authority
for further proceedings or for a report and recommendation before making a
final decision.
- At the conclusion of the hearing, or upon
receipt of the report and recommendation of the
Commission or designated
review
authority, the
Council shall take final action on the termination or
modification. As part of that final
decision, the
Council may impose
conditions.
- The
decision of the
Council shall be final.
17.66.080 - Amendment or Cancellation of
Development Agreement
- Amendments or cancellations.
- Either party may propose an amendment to, or
cancellation in whole or in part of, any
development agreement.
- A
development agreement may only be amended or
canceled, in whole or in part, by mutual agreement of all parties to the
agreement, or their successor(s)-in-interest.
- Processing procedures.
- The requested amendment or cancellation shall
be processed in the same manner identified by this Chapter for the adoption of
a Development Agreement.
- If the
City initiates a proposed amendment to,
or a cancellation in whole or in part of, the agreement, the
City shall first
give written notice to the party executing the agreement of its intention to
initiate the proceedings not less than 30 days in advance of the giving of
public notice of the hearing to consider the amendment or cancellation.
- Any amendment to the
development agreement
which does not relate to the duration of the agreement, allowed
uses of the
property,
density or intensity of
use,
height or size of proposed
structures,
provisions for reservation or dedication of land, or to any conditions, terms,
restrictions, and requirements relating to subsequent discretionary actions
related to design, specifications, improvement, and construction, or any other
condition or covenant relating to the
use of the property, shall not require a
noticed public hearing before the parties execute an amendment to the
agreement.
17.66.090 - Effect of
Development Agreement
- Policies,
regulations, and rules. 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.
- State law. In compliance with State law (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
which 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 subsequent
development
project
application on the basis of existing or new policies,
regulations, and rules.
17.66.100 - Filing of
Development Agreement
A
development agreement approved by the
Council shall
be on file with the
City Clerk.
Sections:
17.68.010 - Purpose of Chapter
- Process. This Chapter provides a process for preparing, processing, reviewing,
adopting, and amending a
specific plan.
- Compliance. When required by the
General Plan or this
Zoning Code
to systematically implement the
General Plan for any part of the
City, a
Specific Plan shall be prepared, processed, approved, and implemented in
compliance with this Chapter.
17.68.020 - Intent
An adopted
Specific Plan shall replace the base
zoning
district (or augment the base
zoning district in the case of an overlay zone)
for the subject property, and the
development standards and design guidelines
identified in the
Specific Plan shall take precedence over the general
standards and any design guidelines contained in this
Zoning Code.
17.68.030 - Minimum
Project Area
- Two acres. The minimum
project area for a
specific plan shall be two acres.
- Ownership. The
project area may be one
lot under
single ownership or a
combination of
adjoining
lots subject to a unified planning concept.
17.68.040 - Initiation
The preparation of a
Specific Plan may be initiated by
the
Council or the
Commission.
17.68.050 - Preparation and Content
A draft
Specific Plan shall include detailed
information in the form of text and diagrams, organized in compliance with
State law (Government Code
Section 65451). The following information shall be
provided:
- Proposed land
uses. The distribution, location, and extent of land
uses
proposed within the area covered by the Specific Pan, including
open space
areas;
- Infrastructure. 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;
- Land
use and
development standards. Standards, criteria, and design guidelines by which
development would proceed, and standards for the conservation,
development, and
utilization of natural resources, where applicable;
- Implementation measures. 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;
- Relationship to
General Plan. A discussion of the relationship of the
Specific
Plan to the goals, policies, and objectives of the
General Plan; and
- Additional information. The
Specific Plan shall contain additional
information deemed to be necessary by the
Director based on the characteristics
of the area to be covered by the plan, applicable goals, policies, and
objectives of the
General Plan, or any other issue(s) determined by the
Director to be significant.
17.68.060 - Processing and Review
A draft
Specific Plan shall be processed in the same
manner as required for
General Plans by State law, and as follows:
- Public meeting(s) required.
- Before preparation of the
specific plan, the
City shall hold at least one public/neighborhood meeting to identify potential
community impacts and concerns relating to the proposed plan.
- Before consideration of the
specific plan by
the Commission and
Council, the
City shall hold at least one
public/neighborhood meeting to review the plan with the local community.
- Public notice of the public/neighborhood
meetings is required in compliance with Chapter 17.76 (Public Hearings).
- The
Director may refer a
specific plan to a
City
commission(s) or committee(s) for review and comment.
-
Environmental review. The draft
Specific Plan shall be subject to
environmental review as identified in
Section
17.60.070 (
Environmental
Assessment);
- Staff report. A written staff report shall be prepared for the
draft
Specific Plan which shall include detailed recommendations and proposed
findings necessary for adoption of the plan; and
- Public hearings.
A proposed
Specific Plan shall be subject to public hearings
before both the
Commission and
Council before its adoption, as follows:
-
Commission hearing.
- The
Director shall schedule a public hearing on
the proposed Specific Plan.
- The hearing shall receive public notice and be
conducted in compliance with Chapter 17.76 (Public Hearings).
- After the hearing, the
Commission shall forward
a written recommendation, with appropriate findings to the
Council, in
compliance with
Section
17.68.070 (Adoption of
Specific Plan), below.
-
Council hearing.
- After receipt of the
Commission's recommendation, the
City Clerk shall schedule a
public hearing on the proposed
Specific Plan.
- The hearing shall receive public notice and be
conducted in compliance with Chapter 17.76 (Public Hearings).
- After the hearing, the
Council may adopt the
Specific Plan, disapprove the plan, or adopt the plan with changes, with
appropriate findings in compliance with
Section
17.68.070 (Adoption of
Specific
Plan), below, provided that changes to the plan that were not considered by the
Commission shall be referred to the
Commission for its recommendation, in
compliance with State law (Government Code
Section 65356).
- Failure of the
Commission to report within 45
days after the referral, or a longer period set by the
Council, shall be deemed
a recommendation for the
approval of the changes.
17.68.070 - Adoption of
Specific Plan
-
Council's action.
The
Council may adopt a
Specific Plan only if it finds that the proposed plan is in
conformance with the goals, policies, and objectives of the
General Plan and
other adopted goals and policies of the
City.
- Adoption. The
Specific Plan shall be adopted by ordinance, or by resolution of
the Council, in compliance with State law (Government Code
Section 65453).
17.68.080 - Implementation and Amendments
-
Development within
Specific Plan area. After the adoption of a
Specific Plan, a public
works
project, a Tentative Map or Parcel Map, for which a Tentative Map was not
required, and an amendment to this
Zoning Code may be approved/adopted within
an area covered by a
Specific Plan only if it is first found consistent with
the specific plan.
-
Specific Plan fee surcharge.
The
Council may impose a
Specific Plan fee surcharge
on development permits within the
specific plan area, in compliance with State
law (Government Code
Section 65456).
- Amendments.
- An adopted
Specific Plan may be amended through
the same procedure specified by this Chapter for the adoption of a
Specific
Plan.
- The
Specific Plan may be amended as often as
deemed necessary by the
Council, in compliance with State law (Government Code
Section 65453).
