The purpose of this chapter is to establish procedures for planning- and zoning-related permits that are decided administratively by City staff or the Planning Director. Each permit and entitlement type is described in this article in terms of purpose and applicability, approving authority, and unique processing provisions. Exemptions to permit requirements are listed throughout. General processing procedures are established in Chapter 19.04 (Application Processing). Table 19.04.140-1 (Approving Authority for Land Use Entitlements) provides a summary of the administrative and Planning Director permits and entitlements.
(Ord. 2014-01 § 1)
A.
Purpose.
This chapter assigns Code interpretation responsibility to the Planning
Director to allow interpretations to be made on a regular basis and
allows the Planning Director to elevate certain interpretations to
the Planning Commission when necessary to make a policy decision that
may have a significant impact on the community at large. This chapter
also provides rules for interpretation to clarify the use of some
basic terms.
B.
Rules
of Interpretation. The Planning Director shall have the authority
and responsibility to interpret terms, provisions, and requirements
of this Code and according to the following:
2.
Terminology.
The following rules apply to all provisions in this Code.
a.
Language. The words "shall," "will," "is to," and "are to" and similar
words and phrases are always mandatory. "Should" is not mandatory
but is strongly recommended and "may" is permissive.
b.
Tense and Number. The present tense includes the past and future
tense, and the future tense includes the present. The singular number
includes the plural, and plural numbers include the singular unless
the natural construction of the word indicates otherwise.
c.
Conjunctions. "And" indicates that all connected items or provisions
shall apply. "Or" indicates that the connected items or provisions
may apply singly or in any combination. "Either... or" indicates that
the connected items and provisions shall apply singly but not in combination.
"Includes" and "including" shall mean "including, but not limited
to."
d.
Number of Days. Whenever a number of days is specified in this Code,
or in any entitlement, condition of approval, or notice issued or
given as provided in this Code, the number of days shall be construed
as calendar days, unless business days are specified. Time limits
will extend to the following business day where the last of the specified
number of days falls on a day that the City is not open for business.
3.
Minimum
Requirements. All provisions of this Code are considered to be minimum
requirements, unless specifically stated otherwise.
4.
Calculations—Rounding.
Where any provision of this Code requires calculation to determine
applicable requirements, any fractional/decimal results of the calculation
shall be rounded to the nearest whole number (0.5 or more is rounded
up, less than 0.5 is rounded down).
5.
Zoning
Regulations. Any list of any item, including zones or uses, is exclusive.
If a use or other item is not listed, it is not permitted unless the
use is determined to be similar to a listed use or use category.
6.
Zone
Boundaries. Where uncertainty exists with respect to the boundaries
of the various zones as shown on the Zoning Map, the Director shall
interpret the appropriate location according to the provisions within
this title.
7.
Consistency
of Text and Diagrams. Diagrams are provided within this Code to illustrate
the requirements of the Zoning Code's text. In the event of conflict
between the text of this Code and provided diagrams, the text shall
determine the City's regulations.
C.
Official
Code Interpretations. Whenever the Director determines that the meaning
or applicability of any of the requirements of this Code are ambiguous,
misleading, or unclear, the Director shall issue an official interpretation
or refer the question to either the Planning Commission or the City
Council for a determination. The Planning Department shall keep records
of the official determinations on file for future reference to ensure
consistency of interpretations over time, and an on-going notice of
interpretive decisions shall be made a part of Planning Commission
and/or City Council Public Meeting Agendas.
(Ord. 2014-01 § 1)
A.
Purpose
and Applicability. The purpose of the Zoning Clearance process is
to ensure that all new and modified uses and structures comply with
applicable provisions of this title, using administrative procedures.
Zoning Clearance is required for the following actions:
1.
All
structures that require a Building Permit (e.g., new structures greater
than 120 square feet) except permits for interior work only;
2.
Business
licenses;
3.
All
planning entitlement and permit approvals to ensure compliance with
applicable conditions of approval; and
4.
Other
City applications that may be subject to the provisions of this title,
including, but not limited to, encroachment permits and grading and
improvement plans as deemed necessary.
B.
Approving
Authority and Procedure. The Planning Director shall be the designated
approving authority for Zoning Clearance. No application form is necessary
for Zoning Clearance. This process will be conducted by the Planning
Director as part of the Building Permit application review. Zoning
Clearance shall be granted only when the Planning Director finds the
proposal to be in conformance with all applicable provisions of this
title. The Planning Director may modify plans in whole or in part,
apply conditions of approval, or require guarantees to ensure compliance
with applicable provisions of this title. Building Permits shall not
be issued without approval of Zoning Clearance.
C.
Public
Hearing and Notice. Public notice and public hearing is not required
for Zoning Clearance.
(Ord. 2014-01 § 1)
A.
Purpose.
The purpose of a Home Occupation Permit is to ensure that home occupations
in residential neighborhoods are compatible with the surrounding neighborhood
character and are generally undetectable from normal and usual residential
activity.
B.
Applicability.
A Home Occupation Permit shall be required for all home-based businesses.
An employee or contract employee of a licensed business enterprise
(not located within a home) may work from home without first obtaining
a home occupation permit. For the purposes of this title a licensed
group home shall not be considered a "home occupation."
C.
Review
Process.
1.
Upon
acceptance of a Home Occupation Permit application, the Planning Director
or a designated representative shall review the request for compliance
with existing neighborhood development standards to ensure that the
proposed activities have limited or no impact on surrounding properties.
A decision will be rendered within a five-day review period, if not
immediately. The decision shall clearly state, in writing, any conditions
of approval or reasons for denial.
2.
Immediately
following the effective date of an approved Home Occupation Permit,
the applicant shall obtain a City business license.
D.
Findings.
A Home Occupation Permit shall be granted only when the Planning Director
determines that the proposed home occupation complies with all of
the following findings:
1.
Does
not display or sell any commodities except those produced on the premises.
2.
Does
not use any accessory building, garage, yard space, or activity outside
of the dwelling unit.
3.
Does
not generate a character and volume of vehicular traffic not normally
associated with residential use.
4.
Does
not involve the use of more than 10% or more than 200 square feet
of floor area of the dwelling unit, whichever is less.
5.
Does
not display signs or other matter which would indicate a business
is operating within the home.
6.
Does
not allow for more than two customers/clients to visit the home each
day and customers/clients are limited to visiting the house between
the hours of 8:00 a.m. and 9:00 p.m.
7.
Where
no substantial mechanical repair work is permitted.
8.
Where
at least one parking stall is available for guest parking either in
the driveway or on the street in front of the residence, if customers/clients
visit the premises.
9.
Where
no employees, other than residents of the home, come to or work from
the home which requires all applicable building and fire codes to
be met.
10.
The proposed home occupation is consistent with the General Plan,
any applicable specific plan or master plan, and all applicable provisions
of this title.
11.
The proposed home occupation is consistent with the standards and prohibited use regulations in Chapter 19.56 (Residential and Agricultural Districts).
12.
The establishment, maintenance, or operation of the home occupation
applied for will not, under the circumstances of the particular case
(location, size, design, and operating characteristics), be detrimental
to the health, safety, or general welfare of persons residing or working
in the neighborhood of such use or to the general welfare of the City.
E.
Conditions.
The Planning Director may impose requirements and/or require guarantees
in order to ensure compliance with this title and to prevent adverse
or detrimental impact to the surrounding neighborhood.
F.
Relocation
of a Home Occupation. If a home occupation relocates, a new permit
and review shall be required for the new location.
(Ord. 2014-01 § 1)
A.
Purpose.
Each zoning district within the City permits certain land uses, which
are list within a "land use matrix." The land use matrix may not include
all possible uses. When a specific use is not listed and it is unclear
whether the use is permitted, permitted with a use permit, or not
permitted, the similar use determination allows the Director to determine
whether or not a proposed use is similar to a listed use and whether
it may be permitted or permitted with a use permit in a particular
zoning district.
B.
Applicability.
A similar use determination is required when a use is not specifically
listed in this Code but may be permitted if it is determined to be
similar in nature to a use that is permitted or permitted with a use
permit.
C.
Review
Process.
1.
A
similar use determination can be initiated by staff or the public
using an application provided by the Planning Director.
2.
The
Planning Director shall prepare a similar use determination.
3.
The
issuance of a similar use determination is an administrative function
of the Planning Director, and no public hearing or notice is required.
D.
Findings.
The Planning Director shall make a similar use determination after
finding all of the following. If the Planning Director does not make
all of these findings, he or she shall not make the similar use determination:
1.
The
characteristics of and activities associated with the proposed use
are equivalent to one or more of the listed uses and will not involve
a higher level of activity, environmental impact, or population density
than the uses listed in the zoning district.
2.
The
proposed use will be consistent with the purposes of the applicable
zoning district.
3.
The
proposed use will be consistent with the General Plan, any applicable
specific plan, and the Development Code.
E.
Determinations.
Determinations shall be made in writing and shall contain the facts
that support the determination. The Department shall maintain all
such determinations on record for review by the general public upon
request. The notice of decision shall be provided, in writing, to
the applicant and interested parties. The notice shall include:
(Ord. 2014-01 § 1)
A.
Purpose
and Intent. In accordance with Federal and State Fair Housing Laws,
it is the purpose of this section to allow for Reasonable Accommodations
in the City's zoning and land use regulations, policies, and practices
when needed to provide an individual with a disability an equal opportunity
to use and enjoy a dwelling. The intent is to alleviate the need for
a Variance request for a Reasonable Accommodation as described herein.
B.
Permit
Application.
1.
Applicant.
A request for a Reasonable Accommodation may be made by any person
with a disability, their representative, or a developer or provider
of housing for individuals with a disability. A Reasonable Accommodation
may be approved only for the benefit of one or more individuals with
a disability.
2.
Application.
An application for a Reasonable Accommodation from a zoning regulation,
policy, or practice shall be made on a form specified by the Planning
Director. No fee shall be required for a request for Reasonable Accommodation,
but if the project requires another discretionary permit, then the
prescribed fee shall be paid for all other discretionary permits.
3.
Other Discretionary Permits. If the project for which the request for Reasonable Accommodation is made requires another discretionary permit or approval, then the applicant may file the request for Reasonable Accommodation together with the application for the other discretionary permit or approval. The processing procedures of the discretionary permit shall govern the joint processing of both the Reasonable Accommodation and the discretionary permit. As stated in subsection A (Purpose and Intent), a Variance is not required for the Reasonable Accommodation. However, if the project includes a separate request to deviate from City standards unrelated to the accommodation, a Variance application may be required.
4.
Required
Submittals. In addition to materials required under other applicable
provisions of this Code, an application for a Reasonable Accommodation
shall include the following:
b.
The specific exception or modification to the Zoning Code provision,
policy, or practices requested by the applicant.
c.
Documentation that the specific exception or modification requested
by the applicant is necessary to provide one or more individuals with
a disability an equal opportunity to use and enjoy the residence.
d.
Any other information that the Director reasonably concludes is necessary
to determine whether the findings required by this section to approve
a Reasonable Accommodation can be met, so long as any request for
information regarding the disability of the individuals benefited
complies with fair housing law protections and the privacy rights
of the individuals affected.
C.
Review
Procedure. The Planning Director is the designated approval authority
for Reasonable Accommodation requests and shall approve a Reasonable
Accommodation request if the compliance requirements below are addressed.
D.
Required
Findings. The written decision to approve a request for Reasonable
Accommodation shall be based on the following findings, all of which
are required for approval:
1.
The
requested accommodation is requested by or on the behalf of one or
more individuals with a disability protected under the fair housing
laws.
2.
The
requested accommodation is necessary to provide one or more individuals
with a disability an equal opportunity to use and enjoy a dwelling.
3.
The
requested accommodation will not impose an undue financial or administrative
burden on the City as "undue financial or administrative burden" is
defined in fair housing laws and interpretive case law.
4.
The
requested accommodation will not result in a fundamental alteration
in the nature of the City's zoning program, as "fundamental alteration"
is defined in fair housing laws and interpretive case law.
5.
The
requested accommodation will not, under the specific facts of the
case, result in a direct threat to the health or safety of other individuals
or substantial physical damage to the property of others.
E.
Conditions. The Planning Director is authorized to approve or deny applications and to impose reasonable conditions upon such approval, as the Director may deem necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enable the Director to make the findings required by subsection D (Required Findings).
F.
Alternative
Reasonable Accommodations. The decision-maker may approve alternative
Reasonable Accommodations that provide an equivalent level of benefit
to the applicant.
G.
Consideration
Factors. The designated approving authority for the City may consider,
but is not limited to, the following factors in determining whether
the requested accommodation is necessary to provide one or more individuals
with a disability an equal opportunity to use and enjoy a dwelling:
1.
Whether
the requested accommodation will affirmatively enhance the quality
of life of one or more individuals with a disability.
2.
Whether
the individual or individuals with a disability will be denied an
equal opportunity to enjoy the housing type of their choice absent
the accommodation.
3.
In
the case of a residential care facility, whether the requested accommodation
is necessary to make facilities of a similar nature or operation economically
viable in light of the particularities of the relevant market and
market participants.
4.
In
the case of a residential care facility, whether the existing supply
of facilities of a similar nature and operation in the community is
sufficient to provide individuals with a disability an equal opportunity
to live in a residential setting.
H.
Consideration
Factors—Fundamental Alteration to Zoning Program. The designated
approving authority for the City may consider, but is not limited
to, the following factors in determining whether the requested accommodation
would require a fundamental alteration in the nature of the City's
zoning program:
1.
Whether
the requested accommodation would fundamentally alter the character
of the neighborhood.
2.
Whether
the requested accommodation would result in a substantial increase
in traffic or insufficient parking.
3.
Whether
the requested accommodation would substantially undermine any express
purpose of either the City's General Plan or an applicable specific
plan.
4.
In
the case of a residential care facility, whether the requested accommodation
would create an institutionalized environment due to the number of
and distance between facilities that are similar in nature or operation.
I.
Rules
While Decision Is Pending. While a request for Reasonable Accommodation
is pending, all laws and regulations otherwise applicable to the property
that is the subject of the request shall remain in full force and
effect.
J.
Effective
Date. No Reasonable Accommodation shall become effective until the
decision to grant such accommodation shall have become final by reason
of the expiration of time to make an appeal. In the event an appeal
is filed, the Reasonable Accommodation shall not become effective
unless and until a decision is made by the City Council on such appeal,
pursuant to the provisions of this section.
K.
Expiration.
Any Reasonable Accommodation approved in accordance with the terms
of this chapter shall expire within 24 months from the effective date
of approval or at an alternative time specified as a condition of
approval unless:
L.
Time
Extension. The Planning Director may approve a single one-year time
extension for a Reasonable Accommodation for good cause. An application
for a time extension shall be made in writing to the Director no less
than 30 days or more than 90 days prior to the expiration date. The
request for an extension shall be subject to the same notice, hearing,
and appeal requirements applicable to the original application.
M.
Violation
of Terms. Any Reasonable Accommodation approved in accordance with
the terms of this Code may be revoked if any of the conditions or
terms of such Reasonable Accommodation are violated, or if any law
or ordinance is violated in connection therewith. Revocation of a
Reasonable Accommodation shall be subject to the same notice, hearing,
and appeal requirements applicable to the original application.
N.
Discontinuance.
A Reasonable Accommodation shall lapse if the exercise of rights granted
by it is discontinued for 180 consecutive days. If the persons initially
occupying a residence vacate, the Reasonable Accommodation shall remain
in effect only if the Planning Director determines that: (1) the modification
is physically integrated into the residential structure and cannot
easily be removed or altered to comply with the Zoning Code; or (2)
the accommodation is necessary to give another disabled individual
an equal opportunity to enjoy the dwelling. The Director may request
the applicant or his or her successor in interest to the property
to provide documentation that subsequent occupants are persons with
disabilities. Failure to provide such documentation within 10 days
of the date of a request by the City shall constitute grounds for
discontinuance by the City of a previously approved Reasonable Accommodation.
O.
Revocation.
Any revocation shall be noticed and heard pursuant to the procedures
established in this title.
P.
Amendments.
A request for changes in conditions of approval of a Reasonable Accommodation,
or a change to plans that would affect a condition of approval, shall
be treated as a new application. The Director may waive the requirement
for a new application if the changes are minor, do not involve substantial
alterations or addition to the plan or the conditions of approval,
and are consistent with the intent of the original approval.
(Ord. 2014-01 § 1)
