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Article 6 — Planning Permit Procedures

Chapter 17.60 - Application Filing and Processing

17.60.010 - Purpose of Chapter
17.60.020 - Authority for Land Use and Zoning Decisions
17.60.030 - Concurrent Permit Processing
17.60.040 - Application Preparation and Filing
17.60.050 - Application Fees
17.60.060 - Initial Application Review
17.60.070 - Environmental Assessment
17.60.080 - Temporary Silhouette Requirement

Chapter 17.61 - Permit Approval or Disapproval

17.61.010 - Purpose of Chapter
17.61.020 - Code Compliance Certificates
17.61.030 - Design Review
17.61.040 - Temporary Use Permits
17.61.050 - Conditional Use Permits and Master Plans
17.61.060 - Expressive Use Permits
17.61.070 - Adjustment Permits
17.61.080 - Variances
17.61.090 - Filming Permits
17.61.100 - Public Art Component

Chapter 17.62 - Historic Preservation

17.62.010 - Purpose of Chapter
17.62.020 - Administrative and Review Authorities - Powers and Duties
17.62.030 - General Procedures
17.62.040 - Criteria for Designation of Historic Resources
17.62.050 - Process for Designating Historic Resource
17.62.060 - Rescinding or Amending a Designation
17.62.070 - Designating Landmark Districts
17.62.080 - Acquisition of Historic Easements on Facades
17.62.090 - Alteration, Demolition, or Relocation of a Historic Resource
17.62.100 - Replacement Building Permit Requirements
17.62.110 - Review of Major Projects Affecting City-Owned Historic Resources
17.62.120 - Demolition or Alteration of a Historic Resource without a Permit
17.62.130 - Incentives for Preserving Historic Resources

Chapter 17.64 - Permit Implementation, Time Limits, and Extensions

17.64.010 - Purpose of Chapter
17.64.020 - Effective Dates
17.64.030 - Performance Guarantees
17.64.040 - Time Limits and Extensions
17.64.050 - Changes to an Approved Project
17.64.060 - Permits to Run with the Land
17.64.070 - Voluntary Relinquishments
17.64.080 - Discontinuance
17.64.090 - Resubmittals
17.64.100 - Covenants of Easements

Chapter 17.66 - Development Agreements

17.66.010 - Purpose of Chapter
17.66.020 - Applicability
17.66.030 - Review Authority
17.66.040 - Application Filing, Processing, and Review
17.66.050 - Execution and Recordation
17.66.060 - Environmental Review
17.66.070 - Periodic Review
17.66.080 - Amendment or Cancellation of Development Agreement
17.66.090 - Effect of Development Agreement
17.66.100 - Filing of Development Agreement

Chapter 17.68 - Specific Plans

17.68.010 - Purpose of Chapter
17.68.020 - Intent
17.68.030 - Minimum Project Area
17.68.040 - Initiation
17.68.050 - Preparation and Content
17.68.060 - Processing and Review
17.68.070 - Adoption of Specific Plan
17.68.080 - Implementation and Amendments

Chapter 17.60 - Application Filing and Processing

Sections:

17.60.010 - Purpose of Chapter
17.60.020 - Authority for Land Use and Zoning Decisions
17.60.030 - Concurrent Permit Processing
17.60.040 - Application Preparation and Filing
17.60.050 - Application Fees
17.60.060 - Initial Application Review
17.60.070 - Environmental Assessment

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

  1. 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.)
  2. The Director may authorize use of a single application form and submittal materials for multiple land use applications required by this Zoning Code.

    Table 6-1 — Review Authority

    Type of Decision

    Role of Review Authority (1)

    See Section

    Director/Zoning Administrator/ Hearing Officer

    DC/HPC (2)

    BZA/Planning Commission (2)

    City Council

    Administrative and Amendments

    General Plan amendments

    17.74

     

     

    Recommend

    Decision

    Interpretations

    17.12

    Decision (3)

     

    (BZA) Appeal

    CFR

    Master Plans

    17.61.050

     

     

    Recommend

    Decision

    Planned Developments

    17.26.020.C

     

     

    Recommend

    Decision

    17.68

     

     

    Recommend

    Decision

    Zoning Code amendments

    17.74

     

     

    Recommend

    Decision

    Zoning Map amendments

    17.74

     

     

    Recommend

    Decision

    Land Use Permits and other Development Approvals

    Adjustment Permits

    17.61.070

     

     

    Recommend

    Decision

    Certificate of Appropriateness

    17.62.090

    Decision (4)

    (HPC)  Decision/Appeal/CFR 

     

     

    Appeal/ CFR

    Central District - Floor Area Increase

    17.30.050

     

     

     Decision 

     Appeal/ CFR 

    Central District - Height Averaging

    17.30.050

     

    (DC) Decision 

     

     Appeal/ CFR 

    Code Compliance Certificates

    17.61.020

    Issued by Director

     

     

     

    Conditional Use Permits

    17.61.050

    (HO) Decision (3)

     

    (BZA) Appeal

    Appeal/ CFR
    (5)

    Creative Sign Permits

    17.48.070

    Decision

    (DC) Appeal/CFR

     

    Appeal/ CFR

    Density Bonus – Concessions and other Incentives

    17.43.050

    (HO) Decision

     

      (BZA) Appeal

    Appeal/ CFR

    (5)

    Density Bonus – Waiver of Development Standards

    17.43.060

    (HO) Decision

     

      (BZA) Appeal

    Appeal/ CFR

    (5)

    Design Review – Non-City Sponsored Projects (See Tables 6-2 & 6-3)

    17.61.030

    Decision

    (DC) Decision/ Appeal/CFR

     

    Appeal/ CFR

    Development Agreements

    17.66

     

     

    Recommend

    Decision

    Expressive Use Permits

    17.61.060

    (HO) Decision (3)

     

     

    Appeal/ CFR

    Long-term Film Permits

    17.61.090

    (HO) Decision

     

    (BZA) Appeal

    CFR/
    Appeal

    Hillside Development Permit

    17.29.010

    (HO) Decision (3)

     

    (BZA) Appeal

    CFR/
    Appeal
    (5)

         Lot Line
         Adjustments

    Title 16

    Advisory Agency (HO) Decisions

     

    (BZA) Appeal

    Appeal

    Major Construction 75,000 sq. ft. or less Conditional Use Permit

    17.61.050. J

    (HO Decision) (3)

     

      (BZA) Appeal

    Appeal/ CFR
    (5)

    Major Construction greater than 75,000 sq. ft. Conditional Use Permit

    17.61.050. J

     

     

      Planning Commission Decision

    Appeal/ CFR
    (5)

    Master Sign Plans

    17.48.060

    Decision

    (DC) Appeal/CFR

     

    Appeal/ CFR

    Minor Conditional Use Permits

    17.61.050.

    (HO) Decision (3)

     

    (BZA) Appeal

    Appeal/ CFR
    (5)

    Minor Variances

    17.61.080

    (HO) Decision (3)

     

    (BZA) Appeal

    Appeal/ CFR
    (5)

    Modifications for Persons with Disabilities

    17.61.080

    (HO) Decision (3)

     

    (BZA) Appeal

    Appeal/ CFR
    (5)

    Public Art Requirement

    17.61.100

    (AC) Decision (2)

     

     

    Appeal/ CFR

    Sexually Oriented Business Hardship Extension

    17.50.295

    (HO) Decision

     

    (BZA) Appeal

    Appeal/ CFR
    (5)

    Sign Exceptions

    17.48.050

    (HO) Decision (3)

     

    (BZA) Appeal

    Appeal/ CFR
    (5)

    Temporary Use Permits

    17.61.040

    (ZA) Decision (3)

     

    (BZA) Appeal

    CFR

         Tentative Tract
         and Parcel Maps
         (including Vesting
         Maps) 

    Title 16

    Advisory Agency (HO) Decision

     

    (BZA) Appeal

    Appeal/
    CFR

    Variances

    17.61.080

    (HO) Decision (3)

     

    (BZA) Appeal

    Appeal/ CFR
    (5)

    Wireless Telecommunications Facilities Permit Extension

    17.50.310

    Director

     

    (BZA) Appeal

    Appeal/ CFR

    Wireless Telecommunications Facilities, SCL

    17.50.310

    Director

     

    (BZA) Appeal

    Appeal/ CFR

    Notes:
    1. "Recommend" means that the review authority makes a recommendation to a higher decision-making body; "Decision" means that the review authority makes the final decision on the matter; "Appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Chapter 17.72 (Appeals); and "CFR" means Call for Review, in compliance with Chapter 17.72 (Appeals).
    2. "DC" means the Design Commission, "HPC" means Historic Preservation Commission, "BZA" means Board of Zoning Appeals and "AC" means Arts and Culture Commission.
    3. The Hearing Officer may defer action on permit applications and refer the items to the Board of Zoning Appeals (BZA) for the final decision.
    4. The Director's decision to issue a Certificate of Appropriateness may first be appealed to the Historic Preservation Commission (HPC) and then to the Council.
    5. Any CEQA document or decision may be appealed to the Council.

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.

  1. 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).
  2. 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.
  3. Predevelopment Plan Review.

    1. Purpose. The purposes of a predevelopment plan review are to:

      1. Achieve better projects through early consultation between City staff and applicants;
      2. Coordinate reviews of projects among City staff and City departments;
      3. Familiarize applicants for the projects with the regulations and procedures that apply to the projects;
      4. Avoid significant investment in the design of a project without preliminary directions from City staff;
      5. 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);
      6. 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
      7. 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.
    2. Applicability.

      1. Mandatory review. A predevelopment plan review shall be required for projects subject to one or more of the following approvals:

        (1) Master Plans or amendments to Master Plans;

        (2) Multi-family projects consisting of ten or more dwelling units;

        (3) New residential structures in the Hillside Development (HD) overlay districts that are located on lots with an average slope greater than 15 percent, and require a Hillside Development Permit in compliance with Section 17.61.050;

        (4) Projects involving new construction of more than 25,000 square feet of nonresidential gross floor area;

        (5) Projects that are located within the boundaries of a specific plan, if the review is required by the Director;

        (6) Projects that are defined in the administrative guidelines to be of communitywide significance;

        (7) Street vacations;

        (8) Subdivisions of land into five or more lots; and

        (9) Subdivisions of land in the Hillside Development (HD) overlay districts.

      2. 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.
    3. Procedures.

      1. 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.
      2. 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.
      3. 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.
      4. 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.
      5. 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.
    4. Administrative guidelines. The City Manager, or designee, shall issue administrative guidelines for implementation of the predevelopment plan review process.
  4. 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:

    1. A signed application form;
    2. The application fee, if required, in compliance with the Council's Fee Resolution;
    3. 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
    4. 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).
  5. 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:

    1. The owner of the subject property; or
    2. Any authorized agent or representative, with the written consent of the property owner.
  6. 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.
  7. 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

  1. Filing fees required.

    1. 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.
    2. 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.
    3. The schedule of fees may be changed from time to time only by resolution of the Council.
    4. 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.
    5. 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.
    6. 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.
    7. Failure to pay the applicable fees/deposits is grounds for disapproval of the application.
  2. Refunds and withdrawals.

    1. 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.
    2. 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.

  1. 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.

    1. 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.
    2. 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).
    3. 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.
    4. 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.
    5. Criteria for acceptance. An application shall not be accepted as complete unless or until the Director determines that it is:

      1. 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
      2. Includes all information and materials required by Section 17.60.040.B (Application contents and fees).
    6. Violations on the site.

      1. 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.
      2. 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.

      3. The Director's decision may be appealed in compliance with Chapter 17.72 (Appeals).
  2. 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
17.61.020 - Code Compliance Certificates
17.61.030 - Design Review
17.61.040 - Temporary Use Permits
17.61.050 - Conditional Use Permits and Master Plans
17.61.060 - Expressive Use Permits
17.61.070 - Adjustment Permits
17.61.080 - Variances
17.61.090 - Filming Permits
17.61.100 - Public Art Component

17.61.010 - Purpose of Chapter

  1. 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.
  2. Subdivision review procedures. Procedures and standards for the review and approval of subdivision maps are found in Title 16 of the Municipal Code.
  3. 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

  1. 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.
  2. Certificated issued in error. A Code Compliance Certificate issued in error or based on false, incomplete, or misleading information shall be deemed void.
  3. Business License. A Business License shall not be issued unless a Code Compliance Certificate has been issued by the responsible City official.
  4. 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

 

  1. 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:

    1. Apply Citywide urban design principles to ensure that new construction supports the best of the City's architectural traditions;
    2. Encourage new structures that show creativity and imagination, add distinction, interest, and variety to the community, and are environmentally sustainable;
    3. Promote architectural and design excellence in new construction and discourage poor- quality development;
    4. Ensure that future development should:

      1. Reflect the values of the community;
      2. Enhance the surrounding environment;
      3. Visually harmonize with its surroundings and not unnecessarily block scenic views; and
      4. Avoid nostalgic misrepresentations that may confuse the relationships among structures over time.
    5. Ensure that new landscaping provides a visually pleasing setting for structures on the site;
    6. 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;
    7. 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
    8. Promote the conservation, enhancement, preservation, and protection of historic resources.
  2. Applicability. All projects are subject to Design Review in compliance with this Section, excluding exempted projects identified in Subparagraph 5., below.

    1. Review authority. The review authority for Design Review is specified in Tables 6-2 and 6-3, below.
    2. Design Commission may delegate to the Director. The Design Commission may delegate other review and approval functions to the Director.
    3. Role of design guidelines.

      1. 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.
      2. Consistency with design guidelines required. Design Review approval requires a finding of consistency with the applicable design guidelines. (See Subsection K. [Findings], below.)
      3. 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.
    4. Exemptions and limitations. The following projects are exempt or otherwise limited from Design Review in all districts:

      1. Projects not visible from public view. Projects that in their entirety are not visible from the public right-of-way.
      2. 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.

      3. 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.
      4. 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

    1. New Construction.

    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

    2. Existing Structures: Major Rehabilitation and Substantial Alterations.
    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

    3. Existing Structures: Minor Rehabilitation and Minor Alterations.

    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

    4. New Storefronts and Alterations to Existing Storefronts.

    All structures.

    Director

    5. Signs.

    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

    6. Demolition Reviews; Relief from Replacement Building Permit.

    Structures ineligible for historic designation.

    Director

    Historic resources.

    Design Commission

    7. Public Projects.

    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

    Project Type Review Authority

    1. New Construction

    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

    2. Existing Structures: Major Rehabilitation and Substantial Alterations

    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

    3. Existing Structures: Minor Rehabilitation and Minor Alterations.

    West Gateway Specific Plan.

    Qualifying historic structures, designated or eligible for designation.

    Director

    All other structures.

    No Review

    4. Signs.

    New signs and awnings (for all projects requiring Design Review only).

    Director or

    Design Commission

    5. Service Stations and Vehicle-washing Facilities.

    Minor rehabilitation and minor alterations.

    No Review

    Major rehabilitation of an existing facility.

    Director

    New construction of a new facility.

    Design Commission

    6. Public Projects.

    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.

  3. Scope and stages of Design Review.

    1. Stages of Design Review. Design Review shall consist of the following three stages:

      1. Preliminary consultation; (See Subsection D., below.)
      2. Concept Design Review; and (See Subsection E., below.)
      3. Final Design Review. (See Subsection F., below.)
    2. 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.)
    3. May require 50 Percent Design Review.

      1. As a condition of Concept Design Review, the Design Commission may require an advisory 50 Percent Design Review of a project.
      2. The 50 Percent Design Review shall be advisory and not subject to an appeal or call for review.
  4. 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.
  5. Concept Design Review.

    1. 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.
    2. Procedures. Concept Design Review applications shall be processed in compliance with Chapter 17.60 (Application Filing and Processing) except as provided in this Section.
    3. 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).
    4. Period of validity. Concept Design Review approval shall be subject to the validity provisions of Chapter 17.64 (Permit implementation time limits and extensions).
  6. Final Design Review.

    1. 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.
    2. 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.
    3. Public hearing not required. A public hearing is not required for Final Design Review.
    4. Period of validity. Final Design Review approval shall be subject to the validity provisions of Chapter 17.64 (Permit Implementation, Time Limits, and Extensions).
  7. Consolidated Design Review.

    1. One-step procedure. The Director may authorize consolidating Concept and Final Design Review applications into a one-step procedure.
    2. Comply with Concept procedures. Applications for Consolidated Design Review shall be processed in compliance with the procedures for Concept Design Review.
    3. Period of validity. The period of validity shall be the same as for Final Design Review.
  8. Expedited Design Review.

    1. 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):

      1. Application is to replace a similar item existing on the structure in the same general location (e.g., like for like);
      2. Awning fabric replacement;
      3. Change of a face panel or copy on an existing sign;
      4. Change of logo/graphics for an existing sign;
      5. Paint scheme changes;
      6. Replacing a projecting, flat-paneled sign on an existing bracket(s); and
      7. Wall-mounted sign with no interior illumination.
    2. 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.
  9. Procedures.

    1. 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.
    2. 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.
    3. Notice of decision. Written notice of all decisions on Design Review applications shall be provided to the applicant after the decision is made.
    4. 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).
    5. Design conditions.

      1. 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.
      2. 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.
      3. 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.
    6. Modifications.

      1. 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.
      2. 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).
  10. Public hearing provisions.

    1. 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).
    2. 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).
    3. Combined notice allowed. Combined notice may be given where:

      1. A project requires a discretionary permit, in addition to Design Review, in compliance with this Zoning Code;
      2. The permit will authorize construction of the project; and
      3. The hearing for the permit is held before the Design Review hearing.
    4. Combined notice provisions.

      1. 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.
      2. 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.
  11. Findings. The following findings shall be made before approval of a Design Review application.

    1. For all applications. The project's design is consistent with

      1. The purposes of this Section; and
      2. Any applicable design guidelines adopted by the Council.
    2. 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.
    3. 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.
    4. 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

  1. Purpose. This Section establishes procedures for the granting of Temporary Use Permits that:

    1. Allow for short-term activities requiring individual consideration but not intensive review; and
    2. 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.
  2. 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:

    1. Exemptions. Exempt temporary uses are identified in Subsection C. (Exempt temporary uses), below;
    2. 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
    3. Temporary Use Permit required. Temporary Use Permits are required for all activities identified in Subsection D. (Allowed temporary uses), below.
  3. 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.

    1. City Hall. Any temporary activities conducted at City Hall.
    2. Construction yardsOn-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)
    3. Emergency facilities. Emergency public health and safety needs/land use activities.
    4. Filming Permit. Activities associated with an approved Filming Permit.
    5. 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.
    6. 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
  4. 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.  

    1. Construction yardsOff-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.)
    2. Events. The following events are allowed in non-residential districts.

      1. 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.
      2. Farmers' markets conducted on a weekly basis for a maximum period of 12 months.
      3. Outdoor meetings or religious assembly, for 12 consecutive days or less, within a 90-day/12-month period.
      4. Outdoor meetings, group activities, or sales within parking areas, for seven consecutive days or less, within a 90-day period.
    3. 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:

      1. 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.)

      2. Before conducting the event, all businesses sharing the parking lot shall consent to the event in writing with copies presented to the Zoning Administrator.
      3. Only businesses immediately adjacent to a particular parking lot may utilize that lot for the sale.
      4. The hours of the event shall be the same as those normally followed by the participating businesses.
      5. A maximum of 25 percent of the existing parking spaces in a particular parking lot may be utilized for the sale.
      6. 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.

      7. All parking lot entrances and exits shall be kept clear.
      8. Any activity proposed within a public right-of-way shall require an Encroachment Permit from the Public Works Department.
      9. 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.
    4. 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.
    5. 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.
    6. 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.
    7. Temporary work trailers.

      1. A trailer or mobile home may be used as a temporary work site for employees of a business:

        (1) During construction of a subdivision or other development project when a valid Building Permit is in force; or

        (2) Upon demonstration by the applicant that the temporary work site is a short-term necessity, while a permanent work site is being obtained.

      2. A permit for temporary work trailers may be granted for up to 12 months.
    8. 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.
  5. 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.

    1. 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.
    2. 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.
    3. Applicable review authority. The Zoning Administrator shall be the applicable review authority for Temporary Use Permits.
    4. Public hearing requirements. Notice of a public hearing shall not be required for the Zoning Administrator's decision on a Temporary Use Permit.
    5. 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).
    6. Effective dates. A Temporary Use Permit shall be effective one day after its approval.
  6. 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.

    1. 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.
    2. 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.
    3. Other permits required. Temporary uses may be subject to additional licenses, inspections, or permits required by applicable local, State, or Federal requirements.
    4. Duration of permit.

      1. 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.
      2. A Temporary Use Permit for a farmers' market shall be effective until the date specified by the Zoning Administrator, and not exceed 12 months.
      3. The permit shall become void if not used within the approved time period.
  7. 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:

    1. 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.
    2. 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;
    3. 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
    4. 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.
  8. 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.
  9. 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.
  10. Post- approval procedures.

    1. 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.
    2. Specific Temporary Use Permit procedures.

      1. Appeal. Only the applicant may appeal a decision on a Temporary Use Permit.
      2. 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.
      3. 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

  1. 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.
  2. 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]).
  3. 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.
  4. 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:

    1. 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
    2. Defer action and refer the application directly to the Board of Zoning Appeals (BZA).
  5. 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):

    1. 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;
    2. 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);
    3. 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
    4. 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.
  6. 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.  
  7. Project review, notice, and hearing.

    1. 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.
    2. 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.
    3. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.76 (Public Hearings).
    4. The applicable review authority shall render a decision on the application within 10 days following the final public hearing on the application.
  8. 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:

    1. 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;
    2. The location of the proposed use complies with the special purposes of this Zoning Code and the purposes of the applicable zoning district;
    3. 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;
    4. 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;
    5. 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
    6. 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.
  9. Master Plans. Master Plans, also known as Master Conditional Use Permits, shall be processed in compliance with the following provisions:

    1. Purpose. The purposes of this Subsection are to:

      1. Establish a procedure which reduces processing time and uncertainty by consolidating several Conditional Use Permit hearings over an extended period of time; and
      2. 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.
    2. Applicability.

      1. 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.
      2. 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.
      3. 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.

    3. Procedures, requirements, review, and findings.

      1. Standard procedure. Master Plans shall be processed in compliance with this Section, except as provided in this Subsection.
      2. Review authority. The Council shall be the applicable review authority for Master Plans.
      3. 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.
      4. 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.
      5. 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:

        (1) Includes any area within a Landmark Overlay District or Historic District;

        (2) Proposes alteration, demolition, or removal of a landmark, a historic resource, or a work of Greene and Greene; or

        (3) Includes other historic resources determined to be significant by the Director.

      6. Design Commission's review. The Design Commission (DC) shall review and make a recommendation to the Commission on each proposed Master Plan application.
      7. 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.
      8. 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.
    4. 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).
    5. Expiration, amendments, and subsequent review.

      1. 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.
      2. 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.
      3. 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.
      4. 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.

    6. 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).
  10. 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:

    1. Alcohol sales. Hearing notices and findings for Conditional Use Permit applications for the sale of alcohol shall be as follows:
      1. 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.
      2. 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:

        i Residential uses and residential zoning districts;

        ii Hospitals, park and recreation facilities, places of public assembly, public or private schools, and religious assembly uses that attract minors and other similar uses; and

        iii Other establishments offering alcoholic beverages (including beer and wine) for sale for consumption both on- and off-site.

        (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.)

         

    2. Major Construction.
      1. 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.

      2. 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.  
  11. 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.
  12. 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

  1. Purpose. Expressive Use Permits are intended to:

    1. 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.
    2. Ensure thorough review. Ensure orderly and thorough City review of applications for certain expressive uses.
    3. 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.
    4. 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.
    5. 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.
  2. 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.
  3. Permit requirements.

    1. 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.
    2. 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.
    3. No permit needed for existing uses.

      1. 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.
      2. 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.
  4. 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.
  5. Review authority. The Hearing Officer shall act as the applicable review authority on all Expressive Use Permits.
  6. Project investigation, notice, and determination.

    1. 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).
    2. Notice. Notice of the public hearing shall be provided:

      1. In compliance with Chapter 17.76 (Public Hearings); and
      2. 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.

    3. Determination. The Hearing Officer shall render a determination in the following manner:

      1. 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).
      2. 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.
      3. In reaching a determination, the Hearing Officer shall not be bound by the formal rules of evidence.
      4. Failure of the Hearing Officer to render a determination within the above stated time frame shall be deemed to constitute a disapproval.
  7. 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:

     

    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. 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.
     

  8. 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).

  9. Special appeal and Call for Review provisions.
  1. 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).
  2. 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.
  3. 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.
  4. Decision on appeal.
    1. 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.
    2. The decision shall be made no later than the same day as the final hearing on the application.
    3. The Council's decision shall be final.
  1. Special revocation or modification provisions.
  1. 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):

     

    1. 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.
    2. The permittee has failed to obtain or maintain all required City, County, and State licenses and permits.
    3. The permit is being used to conduct a use different from the use for which is was issued.
    4. The permittee has misrepresented a material fact in the application for the permit or has not answered each question therein truthfully.
    5. 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.
    6. The allowed business creates sound levels which violate the City's Noise Ordinance.
    7. The permittee, if an individual, or any of the officers or general partners, if a corporation or partnership, is found guilty or pleaded nolo contendere to a misdemeanor or felony classified by the State as a sex or sex-related offense during the period of the adult establishment's operation.
    8. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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).
  6. 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.
  7. 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).
  8. 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).
  9. 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.

  1. 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.
  2. 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

  1. 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.

    1. 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.
    2. 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.
    3. 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.
  2. 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).

    1. Land use activity. An Adjustment Permit may only authorize a land use activity that is allowed in the base zoning district.
    2. 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.
    3. Modify standards.

      1. 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.
      2. An Adjustment Permit may allow for the density to be averaged on lots divided by two or more zoning districts. (See Interpretation)
      3. Residential development projects with increased density standards may only be approved in compliance with State law (Government Code Section 65915).
  3. 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.
  4. 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:

    1. 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.
    2. 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.
    3. 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.
    4. The proposed development shall not adversely affect adjacent properties.
    5. Where applicable, the Adjustment Permit provides the flexibility in development standards necessary to preserve a significant historic landmark, resource, site, or structure.
  5. Project review, notice, and hearing.

    1. 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.
    2. The Director may refer the application to a City commission(s) or committee(s) for review and comment.
    3. Public hearings shall be required for all Adjustment Permits considered first by the Commission and then by the Council.
    4. Notice of the public hearings shall be provided, and the hearings shall be conducted in compliance with Chapter 17.76 (Public Hearings).
  6. 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:

    1. The proposed development is:

      1. Allowed within the subject base zoning district;
      2. 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.

    2. 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;
    3. 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;
    4. The subject site is:

      1. Physically suitable for the type and density/intensity of development being proposed; and
      2. Adequate in shape and size to accommodate the proposed development.
    5. 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
    6. Where applicable, the Adjustment Permit provides the flexibility in development standards necessary to preserve a significant historic landmark, resource, site, or structure.
  7. 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:

    1. 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;
    2. 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);
    3. Accommodate flexibility. Accommodate flexibility in site planning and property development;
    4. 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
    5. Preserve. Preserve the public health, safety, and general welfare.
  8. 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

  1. 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.).

    1. Special privileges prohibited.

      1. 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.
      2. 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.
    2. Does not extend to uses and notes.

      1. 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.
      2. Flexibility in allowable land uses is provided in Section 17.61.050 (Conditional Use Permits).
    3. Does not extend to procedures. A Variance shall not be granted to allow an adjustment to the procedural requirements of this Zoning Code.
  2. Review authority. Variances may be granted in compliance with the following:

    1. The Hearing Officer may grant variances and Minor Variances in compliance with Subsection D., below; or
    2. Defer action and refer the application directly to the Board of Zoning Appeals (BZA).

     

  3. Minor Variances.

    1. 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.
    2. Applicability. The following applications for adjustments from the applicable development standards may be processed as a Minor Variance:

      1. 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.
      2. 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).
      3. Unless otherwise identified in Table 6-4, below, adjustments not exceeding 25 percent of the development standard may be processed as a Minor Variance.
      4. 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

      Types of Minor Variances Allowed Maximum Adjustment Allowed
      1. In all districts: No limit on percent of adjustment
      a. Front setback
      b. Side setback
      c. Rear setback
      d. Corner setback
      e. Fence or wall height
      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

    3. Procedures.

      1. Noticing of the public hearing shall be given in compliance with Chapter 17.76.
      2. The Zoning Administrator shall set a date and time on which the application will be considered.
      3. Notice shall be mailed and posted at least 14 days before the date set by the Zoning Administrator.
      4. 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.
      5. If no hearing is requested, the Hearing Officer's decision may be made without a public hearing.
      6. The Hearing Officer may also hold a hearing at the Zoning Administrator's discretion.
      7. If a hearing is held, the Hearing Officer shall conduct the hearing in compliance with Chapter 17.76 (Public Hearings).
  4. Variances. The Hearing Officer may grant an adjustment from the requirements of this Zoning Code governing only the following:

    1. Development standards. Any development standard identified in Subsection C. (Minor Variances), above, where the requested adjustment exceeds the maximum limits for a Minor Variance;
    2. 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;
    3. Numerical standards. Number of off-street parking spaces, loading spaces, landscaping, etc;
    4. Additional land-use regulations. The additional land-use regulations which apply to each use classification; and
    5. Other. Other standards including operational/performance standards relating to dust, glare, hours of operation, landscaping, light, noise, number of employees, etc.
  5. 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.
  6. Notice and hearings.

    1. 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.
    2. Variances.

      1. A public hearing shall be required for all Variances considered by the Hearing Officer.
      2. A public hearing shall be scheduled once the Director has determined that the application is complete.
      3. Noticing of the public hearing shall be given in compliance with Chapter 17.76 (Public Hearings).
      4. 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.
  7. 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:

    1. 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;
    2. 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;
    3. 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;
    4. 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
    5. Cost to the applicant of strict compliance with a regulation shall not be the primary reason for granting the Variance.
  8. Variances for Historic Resources.

    1. Purpose.

      1. A Variance for Historic Resources is intended to accommodate historic resources that are undergoing adaptive use or are being relocated.
      2. 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.
      3. 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.
      4. Adaptive use is the reuse of a structure with a new use different from that for which the structure was originally constructed.
    2. Procedures.

      1. The Hearing Officer shall be the applicable review authority for Variances for Historic Resources.
      2. 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.
      3. 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.
    3. 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:

      1. The Variance for Historic Resource is necessary to facilitate the appropriate use of an existing designated historic structure;
      2. The Variance for Historic Resource would not adversely impact property within the neighborhood or historic district; and
      3. 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.
  9. Modifications for individuals with disabilities.

    1. 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.
    2. Procedures.

      1. 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.
      2. The application, notice, and hearing procedures for considering applications for modifications shall be in compliance with Subsection C.3. (Procedures) above.
      3. 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.
      4. 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).

    3. 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:

      1. The individual requesting the modification is a qualified individual with a disability;
      2. 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
      3. All necessary conditions have been imposed to ensure that the modification shall not be detrimental to public health and safety.
  10. 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:

    1. 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;
    2. 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;
    3. Compliance with findings. Ensure that the approval would be in compliance with the findings required by Subsection G. (Findings and decision), above; and
    4. Protect interests. Protect the best interests of the surrounding property or neighborhood, and to preserve the public health, safety, and general welfare.
  11. 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.
  12. 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

  1. Purpose. This Section establishes procedures for the granting of Filming Permits that:

    1. Establish special regulations for filming in the City; and
    2. 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.
  2. 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.
  3. Filming activities. The following temporary filming activities may be allowed, subject to the issuance of a Filming Permit.

    1. 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.

    2. 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.
  4. Application filing, processing procedures, and action. An application for a Filming Permit shall be filed with the Department and processed in the following manner.

    1. 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.
    2. Filming Conditional Use Permit procedures.

      1. 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.
      2. 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.
    3. Applicable review authority. The Film Liaison shall be the applicable review authority for Short-term Filming Permits.

      1. 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.

      2. 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.

    4. Public hearing requirements.

      1. 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.
      2. 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).

    5. Effective dates.

      1. A Short-term Filming Permit shall be effective immediately for the days approved by the Film Liaison.
      2. A Filming Conditional Use Permit shall be effective in compliance with Section 17.64.020 (Effective Dates).
  5. Standards.

    1. 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.
    2. Other permits required. Filming activities may be subject to additional licenses, inspections, or permits required by applicable local, State, or Federal requirements.
    3. Duration of permit. A Filming Conditional Use Permit shall be effective until the date specified by the Hearing Officer, not to exceed 90 days.

      1. 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.
      2. 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.

      3. The permit shall become void if not used within the approved time period.
  6. 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:

    1. 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
    2. 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.
  7. Conditions of approval.

    1. 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.
    2. General filming conditions.

      1. 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.
      2. 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.
      3. 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.
    3. 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:

      1. 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;
      2. A parking plan for vehicles used in the filming session;
      3. Written permission from affected property owner(s) and tenant(s);
      4. Attendance during setup and the filming session by uniformed police officers or firefighters at the applicant's sole cost and expense; and
      5. 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.
    4. 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.
  8. 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.
  9. Post-approval procedures for Filming Conditional Use Permits.

    1. Appeals. Shall be in compliance with Chapter 17.72 (Appeals).
    2. Revocations. A Filming Conditional Use Permit may be revoked by the Film Liaison effective immediately for violation of the terms of the permit.
    3. 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

  1. Purpose. This section establishes the procedures for processing applications for public art.
  2. 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.
  3. 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.
  4. 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.
  5. 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.

Chapter 17.62 - Historic Preservation

Sections:

17.62.010 - Purpose of Chapter
17.62.020 - Administrative and Review Authorities - Powers and Duties
17.62.030 - General Procedures
17.62.040 - Criteria for Designation of Historic Resources
17.62.050 - Process for Designating Historic Resource
17.62.060 - Rescinding or Amending a Designation
17.62.070 - Designating Landmark Districts
17.62.080 - Acquisition of Historic Easements on Facades
17.62.090 - Alteration, Demolition, or Relocation of a Historic Resource
17.62.100 - Replacement Building Permit Requirements
17.62.110 - Review of Major Projects Affecting City-Owned Historic Resources
17.62.120 - Demolition or Alteration of a Historic Resource without a Permit
17.62.130 - Incentives for Preserving Historic Resources

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:

  1. Encourage and promote the adaptive reuse of the City's historic resources;
  2. Enhance, perpetuate, and preserve architecturally and historically significant structures and promote revitalization of historic neighborhoods and commercial areas;
  3. Ensure that the rights of the owners of historic resources and owners of properties adjacent to historic resources are safeguarded;
  4. Foster civic pride in the beauty and noble accomplishments of the past by promoting private stewardship of historic resources that represent these accomplishments;
  5. Fulfill the City's responsibilities:

    1. As a Certified Local Government under Federal preservation laws; and
    2. For Federal Section 106 reviews and for the California Environmental Quality Act regarding historic resources.
  6. Promote the identification, documentation, and evaluation of the significance of individual historic resources and districts;
  7. Implement the historic preservation goals, policies, and programs of the General Plan;
  8. Promote the City as a destination for tourists and as a desirable location for business;
  9. 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;
  10. Recognize the City's historic resources as economic assets; and
  11. 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

Review Authority 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

  1. Review of applications for Certificates of Appropriateness .

    1. The reviews by the Historic Preservation Commission are limited to areas outside of the Central District.
    2. 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).
    3. 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.
    4. 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.
    5. 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.
    6. 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.
    7. 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.
    8. In the event of a conflict between an adopted conservation plan and the procedures of this chapter, the conservation plan shall prevail.
    9. 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.
  2. 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.
  3. 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

  1. 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").
  2. Historic monuments.

    1. 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:

      1. It is associated with events that have made a significant contribution to the broad patterns of the history of the region, State, or nation.
      2. It is associated with the lives of persons who are significant in the history of the region, State, or nation.
      3. 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.
      4. It has yielded, or may be likely to yield, information important in prehistory or history of the region, State, or nation.
    2. A historic monument designation may include significant public or semi-public interior spaces and features.
  3. Landmarks.

    1. 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.
    2. 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:

      1. It is associated with events that have made a significant contribution to the broad patterns of the history of the City, region, or State.
      2. It is associated with the lives of persons who are significant in the history of the City, region, or State.
      3. 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.
      4. It has yielded, or may be likely to yield, information important locally in prehistory or history.
  4. Historic signs.

    1. 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:

       

      1. 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.
      2. The sign is integrated with the architecture of the building.
      3. 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.
    2. All other regulations relating to signs shall comply with Chapter 17.48 (Signs).
  5. 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:

    1. It is one of the largest or oldest trees of the species located in the City;
    2. It has historical significance due to an association with a historic event, person, site, street, or structure; or
    3. It is a defining landmark or significant outstanding feature of a neighborhood.
  6. Landmark districts.

    1. 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:

      1. Within its boundaries, a minimum of 60 percent of the properties qualify as contributing; and
      2. 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).
    2. 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

  1. Application for designation of monument, landmark, historic sign, or landmark tree.

    1. 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.
    2. 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.
    3. 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.
    4. 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).
    5. 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.
    6. 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.
  2. Review of designation applications.

    1. 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.
    2. 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.
    3. The Council may approve, modify, or disapprove the designation of a historic monument, landmark, historic sign, landmark tree or landmark district.
  3. Declaration of designation.

    1. 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.
    2. Notice of the designation shall be mailed to the owner of record of the designated property.
    3. The City Clerk shall record the declaration in the Office of the County Recorder.
  4. Interim Protection for Historic Resources while designation is pending.
  1. 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.
  2. 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.
  3. 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

  1. 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.
  2. 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:

    1. New information compromises the significance of the property;
    2. 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
    3. The historic monument, landmark, historic sign, or landmark tree has been demolished, relocated, or removed.
  3. Notice of the rescission or amendment.

    1. Notice of the rescission of or amendment to a designation shall be mailed to the owner of record of the subject property.
    2. The City Clerk shall file for removal of the recordation with the Office of the County Recorder.

17.62.070 - Designating Landmark Districts

  1. 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.
  2. Application for designation.

    1. 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.
    2. The application shall include:

      1. Documentation by letter or preliminary petition that a majority of the owners of property in the proposed district support the designation;
      2. A map with the boundaries of the proposed district; and
      3. An inventory and photographs of all properties in the proposed district, including both contributing and noncontributing properties.
    3. 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.
    4. The hearing by the Historic Preservation Commission shall include a workshop on landmark district designation for property owners and residents of the area.
  3. Review of landmark district designation application.

    1. 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.
    2. 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.
    3. 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.
  4. Planning Commission review of Zoning Map amendment.

    1. The Planning Commission shall hold a public hearing on the application for a Zoning Map amendment for a landmark district (LD) overlay zoning district.
    2. 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).
    3. 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.
    4. 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).
  5. 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:

    1. 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;
    2. A map with the boundaries of the proposed district;
    3. A legal description of the district; and
    4. An inventory of all properties in the district including contributing and noncontributing properties.
  6. Planning Commission's review of LD overlay.

    1. The Planning Commission shall review the application at a public hearing and forward a recommendation to the Council.
    2. 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.
  7. Council review of application.

    1. 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:

      1. Recommendations from the Historic Preservation Commission and the Planning Commission;
      2. A map with the boundaries of the proposed district; and
      3. A legal description of the proposed district.
    2. The Council shall review the application at a public hearing.

      1. 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.
      2. 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.
    3. The Council may approve, modify, or disapprove the designation.
    4. 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.
    5. The landmark district designation shall be approved by a declaration of designation to be executed by the Mayor.
    6. The City Clerk shall record the declaration in the Office of the County Recorder.
  8. Procedure for rescission of or amendment to a landmark district or conservation plan. 
  1. 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:

    1. 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

    2. 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.

  2. 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

  1. 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.
  2. 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

  1. 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.
  2. 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.
  3. Application submittal requirements.

    1. 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.
    2. Alterations not requiring a Building Permit, but identified for Design Review in an adopted conservation plan shall be subject to the same submittal requirements.
  4. Compliance with California State Historical Building Code.

    1. 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.
    2. 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.
  5. Review procedures for historic resources.

    1. Category 1 review procedures. Category 1 review procedures shall apply to all designated historic resources.

      1. 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.
      2. Major project. The Historic Preservation Commission may approve, approve with conditions, or disapprove a Certificate of Appropriateness for a proposed major project.
      3. Minor project. The Director may approve, approve with conditions, or disapprove a minor project.
      4. 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.

    2. Category 2 review procedures. Category 2 review procedures shall apply to an eligible or potentially eligible historic resource.

      1. 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.
      2. 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.
      3. 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:
        (1) A significant adverse effect; or

        (2) Not a significant adverse effect.

      4. If not a significant adverse effect. If a major project does not constitute a significant adverse effect, the Director shall approve the project.
      5. 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.
      6. 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.
      7. 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.
      8. 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).
      9. 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.
      10. 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.
      11. 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.
    3. Required findings for approval of a Certificate of Appropriateness. Approval of a Certificate of Appropriateness shall be based on the following findings:

      1. 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
      2. 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.
    4. 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:

  1. 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

  2. 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

  3. A compelling public interest justifies demolition.

  1. 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

  1. 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.
  2. Relief from the requirements of this Section.

    1. 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:

      1. 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);
      2. The demolition does not result in the loss of habitable dwelling units on a property zoned for residential use; and
      3. 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.
    2. 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.
    3. 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

  1. 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.
  2. 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

  1. Failure to comply with this Chapter.

    1. 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.
    2. 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.
    3. The property owner may apply to the Historic Preservation Commission to extend the 12-month deadline.
    4. The Historic Preservation Commission may extend the time period if it finds that the corrective work cannot reasonably be performed within 12 months.
    5. 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.
    6. The cost of the work performed by the City shall constitute a lien against the property on which the work is performed.
    7. 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.
  2. Penalty for demolition without a Certificate of Appropriateness.

    1. 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.
    2. 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.
    3. 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.
    4. 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.
  3. Director shall provide notice.

    1. 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.
    2. The date the City first had actual knowledge of the demolition shall be stated in the notice.
  4. Director's decision may be appealed to the Historic Preservation Commission.

    1. 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).
    2. Historic Preservation Commission's action to grant relief. The Historic Preservation Commission may grant relief from the requirements of this section:

      1. 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
      2. 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.
    3. Council's consideration of an appeal.

      1. 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.
      2. The Council shall consider the appeal at a public hearing noticed and conducted in compliance with Chapter 17.76 (Public Hearings).
      3. The Council's action on the appeal shall be final.
    4. 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.
    5. 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.
    6. 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.
  5. Additional requirements for compliance.

    1. 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.
    2. 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.
    3. 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.
  6. Violations.

    1. 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.
    2. Penalties are cumulative and not exclusive. The criminal penalties are cumulative and not exclusive to any legal or equitable remedies for the violations.
  7. Public safety exceptions.

    1. 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.
    2. 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

  1. 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.
  2. 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:

    1. 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:

      1. Exterior work that includes the repair, replacement, or restoration in kind of significant architectural features.
      2. Re-roofing with similar material or repair and replacement of roofing where the roof is a significant architectural feature.
      3. Relocation to another site inside the City.
      4. Restoration of significant fixtures designed by Greene and Greene or other designated interior spaces.
      5. Seismic reinforcement and other structural stabilization and repair.
    2. 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.
    3. Variances for Historic Resources. Variances for historic resources may be granted in compliance with Section 17.61.080.
    4. Historic Property Contracts.

      1. 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.

      2. 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.

      3. 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.

      4. 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
17.64.020 - Effective Dates
17.64.030 - Performance Guarantees
17.64.040 - Time Limits and Extensions
17.64.050 - Changes to an Approved Project
17.64.060 - Permits to Run with the Land
17.64.070 - Voluntary Relinquishments
17.64.080 - Discontinuance
17.64.090 - Resubmittals
17.64.100 - Covenants of Easements

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

  1. 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).
  2. 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.
  3. 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.
  4. Council's action is final.

    1. 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.
    2. 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.

  1. 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.
  2. When security is acceptable.

    1. 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:

      1. The surety on any bond or undertaking is a corporation authorized by the State Insurance Commissioner to transact surety business in the State; and
      2. 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.
    2. 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.
  3. 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.
  4. 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.
  5. Release or forfeit of security.

    1. 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.
    2. 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.
    3. 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

  1. 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).

    1. 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.
    2. 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.
    3. 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.

  2. Exercise of Permit.

     

    1. 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
    2. A Certificate of Occupancy has been issued by the City, or (See Interpretation)
    3. If no building permit has been required, the use has commenced.

     

  3. 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.

     

  4. 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. 

     

  5. 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.

  1. Request for change.

    1. 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).
    2. 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.
    3. 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.
    4. 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.
    5. Changes may be requested either before or after construction or establishment and operation of the approved use.
  2. 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:

     

    1. Are consistent with all applicable provisions of this Zoning Code;
    2. 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;
    3. 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
    4. Do not expand the approved floor area or any outdoor activity area by 10 percent or more over the life of the project.
  3. 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).
  4. 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

  1. 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.
  2. 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.
  3. Notice required. Notice shall be given in the same manner as required for the original application, in compliance with Chapter 17.76 (Public Hearings).
  4. 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

  1. 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)
  2. Permit deemed void. Where the permit has been deemed void:

    1. No further action. No further action is required by the City;
    2. No further reliance. No further reliance may be placed on the previously approved permit;
    3. No rights. The applicant shall have no rights previously granted under the permit; and
    4. 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.
  3. 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

  1. 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.
  2. 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.
  3. 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

  1. 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.

    1. 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.
    2. The Covenant of Easement may be imposed as a condition of approval by the applicable review authority.
  2. Form of Covenant. The form of the Covenant shall be approved by the City Attorney, and the Covenant of Easement shall:

    1. Describe the real property to be subject to the easement;
    2. Describe the real property to be benefited by the easement;
    3. Identify the City approval or permit granted which relied on or required the Covenant; and
    4. Identify the purpose(s) of the easement.
  3. Recordation. The Covenant of Easement shall be recorded in the County Recorder's Office.
  4. Effect of Covenant. From and after the time of its recordation, the Covenant of Easement shall:

    1. 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
    2. 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.
  5. 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.
  6. 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).

    1. The Covenant of Easement may be released by the City, at the request of any person, including the City or an affected property owner, on a finding that the Covenant on the subject property is no longer necessary to achieve the land use goals of the City.
    2. A notice of the release of the Covenant of Easement shall be recorded by the Director with the County Recorder's Office.
  7. 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
17.66.020 - Applicability
17.66.030 - Review Authority
17.66.040 - Application Filing, Processing, and Review
17.66.050 - Execution and Recordation
17.66.060 - Environmental Review
17.66.070 - Periodic Review
17.66.080 - Amendment or Cancellation of Development Agreement
17.66.090 - Effect of Development Agreement
17.66.100 - Filing of Development Agreement

17.66.010 - Purpose of Chapter

  1. Procedures. This Chapter provides procedures and requirements for the review, approval, and amendment of development agreements.
  2. 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

  1. Initiation. Consideration of a development agreement may be initiated by:

    1. 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
    2. A resolution of intention by the Council.
  2. 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.
  3. 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:

    1. The terms of the development agreement itself;
    2. The provisions of this Chapter; and
    3. 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

  1. Application requirements. An owner of real property may request and apply to enter into a development agreement provided the following:

    1. The development agreement, if approved, would be in the best interests of the City;
    2. The status of the applicant as the owner of the subject property is established to the satisfaction of the Director.

      1. Only a qualified applicant or authorized agent may file an application in compliance with this Chapter.
      2. A qualified applicant is a person who has legal or equitable interest in the real property which is the subject of the development agreement.
      3. 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.
      4. 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.
      5. 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.
    3. 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;
    4. The application is accompanied by the applicable fees, in compliance with Subsection C., (Processing and review fees) below; and
    5. The applicant shall be responsible for providing the evidence in support of the findings required by Subsection G.8. (Findings) below.
  2. Director's action.

    1. The Director shall review the application and determine its completeness.
    2. 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.
    3. The Director, in conjunction with the City Attorney, shall prepare a staff report and recommendation to the Commission.
  3. Processing and review fees.

    1. 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.
    2. 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.
  4. 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.
  5. Form of agreement.

    1. 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.
    2. Applicant's form. An applicant may submit a proposed form of agreement.
    3. 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.
  6. Content of development agreement.

    1. 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]).
    2. 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]).
  7. Notice and public hearings.

    1. 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.
    2. Planning agency. The Commission shall serve as the planning agency on development agreement applications in compliance with State law (Government Code Section 65867).
    3. 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.
    4. 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.
    5. 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.
    6. 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.
    7. Evidence. The applicant shall be responsible for providing the evidence in support of the findings.
    8. Findings. The development agreement shall be approved only if the following findings of fact can be made in a positive manner. The development agreement:

      1. Would be in the best interests of the City;
      2. 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;
      3. 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
      4. Is consistent with the provisions of State law (Government Code Sections 65864 through 65869.5.)
    9. 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.)
    10. Referendum. The ordinance may be subjected to referendum in compliance with State law (Government Code Section 65867.5).

17.66.050 - Execution and Recordation

  1. 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.
  2. Mutual consent. A development agreement may be executed only on the mutual, written consent of each party to the agreement.
  3. 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.
  4. 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

  1. Periodic reviews required.

    1. Every development agreement, approved and executed, shall be subject to periodic reviews during the full term of the agreement.
    2. The development agreement shall be reviewed by the City at least every 12 months from the date the agreement is entered into.
    3. 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.
    4. 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.
  2. The review hearing.

    1. The Commission or designated review authority shall conduct a public review hearing.
    2. 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.
    3. 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.
  3. Compliance assessment.

    1. 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.
    2. 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.
  4. 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:

    1. The date, time, and place of the hearing;
    2. A statement as to whether or not the City proposes to terminate or modify the Development Agreement; and
    3. Other information which the City considers relevant to the nature of the proceeding.
  5. Council's hearing on termination or modification.

    1. 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.
    2. 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.
    3. The decision of the Council shall be final.

17.66.080 - Amendment or Cancellation of Development Agreement

 

  1. Amendments or cancellations.

    1. Either party may propose an amendment to, or cancellation in whole or in part of, any development agreement.
    2. 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.
  2. Processing procedures.

    1. The requested amendment or cancellation shall be processed in the same manner identified by this Chapter for the adoption of a Development Agreement.
    2. 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.
    3. 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

  1. 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.
  2. 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.

Chapter 17.68 - Specific Plans

Sections:

17.68.010 - Purpose of Chapter
17.68.020 - Intent
17.68.030 - Minimum Project Area
17.68.040 - Initiation
17.68.050 - Preparation and Content
17.68.060 - Processing and Review
17.68.070 - Adoption of Specific Plan
17.68.080 - Implementation and Amendments

17.68.010 - Purpose of Chapter

  1. Process. This Chapter provides a process for preparing, processing, reviewing, adopting, and amending a specific plan.
  2. 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

  1. Two acres. The minimum project area for a specific plan shall be two acres.
  2. 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:

  1. Proposed land uses. The distribution, location, and extent of land uses proposed within the area covered by the Specific Pan, including open space areas;
  2. 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;
  3. 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;
  4. 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;
  5. Relationship to General Plan. A discussion of the relationship of the Specific Plan to the goals, policies, and objectives of the General Plan; and
  6. 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:

  1. Public meeting(s) required.

    1. 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.
    2. 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.
    3. Public notice of the public/neighborhood meetings is required in compliance with Chapter 17.76 (Public Hearings).
    4. The Director may refer a specific plan to a City commission(s) or committee(s) for review and comment.
  2. Environmental review. The draft Specific Plan shall be subject to environmental review as identified in Section 17.60.070 ( Environmental Assessment);
  3. 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
  4. Public hearings. A proposed Specific Plan shall be subject to public hearings before both the Commission and Council before its adoption, as follows:

    1. Commission hearing.

      1. The Director shall schedule a public hearing on the proposed Specific Plan.
      2. The hearing shall receive public notice and be conducted in compliance with Chapter 17.76 (Public Hearings).
      3. 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.
    2. Council hearing.

      1. After receipt of the Commission's recommendation, the City Clerk shall schedule a public hearing on the proposed Specific Plan.
      2. The hearing shall receive public notice and be conducted in compliance with Chapter 17.76 (Public Hearings).
      3. 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).
      4. 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

  1. 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.
  2. 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

  1. 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.
  2. 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).

  3. Amendments.

    1. An adopted Specific Plan may be amended through the same procedure specified by this Chapter for the adoption of a Specific Plan.
    2. The Specific Plan may be amended as often as deemed necessary by the Council, in compliance with State law (Government Code Section 65453).

 

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