A. 
Permit review procedures. This chapter provides procedures for the final review, and approval or denial of the land use permit applications established by this Zoning Code.
B. 
Subdivision review procedures. Procedures and standards for the review and approval of subdivision maps are found in Title 19 (Subdivisions) of the City Code.
C. 
Application filing and initial processing. Where applicable, the procedures of this chapter are carried out after those described in Chapter 20-50 (Permit Application Filing and Processing), for each application.
(Ord. 3677 § 1, 2004)
A. 
Purpose. A Zoning Clearance is the procedure used by the City to verify that a proposed land use or structure is allowed in the applicable zoning district, and that the project complies with the development standards of this Zoning Code that apply to the use, consistent with the General Plan.
B. 
Applicability.
1. 
When required. Where Division 2 (Zoning Districts and Allowable Land Uses) or other provision of this Zoning Code require a Zoning Clearance as a prerequisite to establishing a new or modified land use, authorizing a change in ownership, or the issuance of a Business Tax Certificate, the Zoning Clearance shall be required at the time of Department review of any change in use or occupancy authorization required by this Zoning Code.
a. 
Land use. A Zoning Clearance shall be obtained before the initiation or commencement of any use of land not requiring the construction of a structure.
b. 
Change of use. Whenever a use is proposed to be changed from an activity for which a Zoning Clearance has been issued, or which is exempt under Subsection B.1 (When required), whether or not the new use involves a new lessee, operator, or owner, a new Zoning Clearance shall be obtained.
c. 
Change of tenancy or ownership. A new Zoning Clearance shall be obtained for a change of lessee, operator, or owner even when the change does not involve a change in the use or activity being conducted on the subject property.
d. 
Residential use. The provisions of this section shall not apply to any residential land use within a residential zoning district.
C. 
Form of Zoning Clearance. A Zoning Clearance may take the form of a Zoning Clearance Certificate, an authorized signature on another City approval document, a stamp or authorized signature on a set of building plans, or other form determined by the Director to be appropriate.
D. 
Issuance. The Director shall issue the Zoning Clearance after determining that the request complies with all Zoning Code provisions applicable to the proposed use.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005)
A. 
Purpose. This section establishes procedures for the City's review of the design aspects of proposed development (for example, building design, landscaping, site planning and development, and signs), in compliance with the City's Design Guidelines.
B. 
Applicability.
1. 
Private projects. Design Review approval is required for all projects requiring a Building Permit and all exterior physical changes to existing structures that may or may not require a Building Permit except for the following:
a. 
Landscaping repair or replacement;
b. 
Parking lot repaving;
c. 
Repainting, even when it includes a color change, unless the repainting is for the purpose of creating signage for the building;
d. 
Residential accessory structures;
e. 
Single-family dwellings, dwellings which are proposed as part of a project within a PD zone, or where otherwise required by this Zoning Code;
f. 
Solar panels, and integral parts of the solar panel system including supporting posts or poles, not including proposed new structures, such as a carport or other similar structures proposed in conjunction with the solar panel system. If proposed solar panels would have the possibility of creating a life or safety issue, such as excessive glare to local residences, sensitive facilities (airport) or water resources, the solar panels shall require a Minor Use Permit or Conditional Use Permit depending on the severity of the issues; and
g. 
Activities subject to a Temporary Use Permit.
2. 
City projects. The DRB shall review each Building Permit application for a development project by any City agency or department, for which review is required by Subsection B (Applicability), above. Notwith-standing other provisions of this section, the review shall be for the purposes of providing advice to the Council, Redevelopment Agency or its Successor Agency, or Housing Authority, respectively.
C. 
Review authority. Table 5-2 identifies the review authority and notice requirements for Design Review.
TABLE 5-2—DESIGN REVIEW AUTHORITY AND NOTICE REQUIREMENTS
Type of Application
Review Authority
Notice Requirements
Director
Zoning Administrator
DRB
Design Review
Projects that involve only minor exterior modifications and are not within an historic district. Examples include the addition or modification of awnings, doors and/or windows, rooftop equipment that cannot be seen from the street, ADA improvements associated with tenant improvements, "cool roof" material changes, outdoor dining areas for restaurants within commercial or industrial zoning districts, and other similar minor changes as determined by the Director of Planning and Economic Development. Projects that involve more extensive exterior modifications but that are not readily visible from offsite may also be considered by the Director of Planning and Economic Development.
▪
 
 
None
Projects that involve up to 10,000 square feet in total floor area and projects that include significant exterior changes to existing buildings and the construction of new structures. Also included are new minor telecommunication facilities, and the new construction or major remodel of automobile dealerships on sites zoned for vehicle sales regardless of total floor area.
 
▪
 
Public Meeting Notice
Notice of Action (see Section 20-66.060)
Projects that involve 10,000 square feet or more in total floor area and major telecommunication facilities. (1) (2)
 
 
▪
Public Hearing Notice
Notice of Action (see Section 20-66.060)
Sign applications, including Sign Programs for multi-tenant projects.
▪
 
 
Notice of Action (see Section 20-66.060)
Notes:
(1)
Visually sensitive locations and projects include the following.
 
a.
Sites within the CMU (Core Mixed Use) zoning district, -G (Gateway),-H (Historic), or -SR (Scenic Resources) combining districts;
 
b.
Hillside sites, infill sites, and major intersections;
 
c.
Multi-family residential projects of 50 units or more, any three-story residential project, or an industrial or commercial project adjacent to residential; or
 
d.
Other project that the Director determines may have significant visual impact.
(2)
Each project in an identified visually sensitive area shall require a visual analysis in compliance with Section 20-50.100 (Visual analysis).
D. 
Design Review process. The stages of Design Review established by this chapter are as follows:
1. 
Conceptual Design Review. Conceptual Design Review is highly advised and provides the applicant with the review authority's tentative reaction to the general design concept of a proposed project. The review shall not include a formal decision on the application by the review authority. This review is optional, except within an -H combining district (see Section 20-58.060).
2. 
Design Review. Design Review is a formal review to provide the applicant with specific responses to the proposed design.
a. 
The Design Review Board or Zoning Administrator shall adopt a formal resolution approving the design.
E. 
Application requirements. An application for Design Review approval shall be filed in compliance with Chapter 20-50 (Permit Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for Design Review approval applications. It is the responsibility of the applicant to provide evidence in support of the findings required by subsection J (Findings and decision), below.
F. 
Project review. The review authority shall consider the location, design, site plan configuration, and the overall effect of the proposed project upon surrounding properties and the City in general. Review shall be conducted by comparing the proposed project to the General Plan, any applicable specific plan, applicable Zoning Code standards and requirements, consistency of the project with the City's Design Guidelines, architectural criteria for special areas, and other applicable City requirements (e.g., City policy statements and development plans).
G. 
Review with other entitlements. Final Design Review approval for projects that also require the approval of a discretionary permit (e.g., Conditional Use Permit, Variance, etc.) shall be acted upon following land use approval by the review authority in compliance with Table 5-1 (Review Authority).
H. 
Public notice and hearing.
1. 
Major Design Review—Public notice and hearing required. The Board shall conduct a public hearing on an application for Design Review before a decision on the application. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 20-66 (Public Hearings). The review authority may approve, approve with conditions, or disapprove a Design Review application based on the findings required by subsection I (Findings and decision), below.
2. 
Minor Design Review—Public notice required. Before a decision on a Minor Design Review, the Department shall provide notice in compliance with Chapter 20-66 (Public Hearings).
a. 
Public notice. The notice shall state that the Zoning Administrator will decide whether to approve or disapprove the Minor Design Review application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision.
b. 
Hearing. When a hearing is requested, notice of the hearing shall be provided in compliance with Chapter 20-66, and the Zoning Administrator shall conduct the public hearing before a decision on the application in compliance with Chapter 20-66.
I. 
Findings and decision. Design Review approval shall require that the review authority first find all of the following:
1. 
The design and layout of the proposed development is of superior quality, and is consistent with the General Plan, any applicable specific plan, applicable Zoning Code standards and requirements, the City's Design Guidelines, architectural criteria for special areas, and other applicable City requirements (e.g., City policy statements and development plans);
2. 
The design is appropriate for the use and location of the proposed development and achieves the goals, review criteria and findings for approval as set forth in the framework of Design Review (Design Guidelines, Introduction, subsection C);
3. 
The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments;
4. 
The architectural design of the proposed development is compatible with the character of the surrounding neighborhood;
5. 
The design of the proposed development will provide a desirable environment for its occupants, visiting public, and its neighbors through the appropriate use of materials, texture, and color, and would remain aesthetically appealing and be appropriately maintained;
6. 
The proposed development will not be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity; and
7. 
The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA).
J. 
Time limit on approval. Design Review approvals shall be granted for the same period of time as other discretionary permit approvals, but in no case for more than a 24-month period.
1. 
If construction in compliance with the Design Review approval has not been commenced within the approval period, the approval shall expire and be deemed automatically void.
2. 
Upon request of the applicant, an extension of time may be granted by the same review authority which originally granted the Design Review approval.
3. 
The extension shall not exceed 24 additional months.
K. 
Modifications. Upon request of the applicant, the review authority may authorize modifications of any application previously approved by the review authority in compliance with Section 20-54.060 (Changes to an Approved Project).
L. 
Installation of landscaping and irrigation.
1. 
Before issuance of a Building Permit for the subject project, final landscape and irrigation plans, where required, shall be approved by the Director as being consistent with the Final Design Review decision on the project.
2. 
The landscape materials and irrigation equipment shown in the approved final landscape and irrigation plans shall be installed before final building inspection except where the Director has approved an extension of time for completion and has obtained from the applicant an agreement and adequate security, in compliance with Section 20-54.040 (Performance Guarantees).
M. 
Conditions of approval. In granting Design Review approval, the review authority may impose any conditions of approval deemed reasonable and necessary to ensure that the project would comply with the findings required by Subsection I (Findings and decision), above.
N. 
Post approval procedures. The procedures relating to appeals, project changes, issuance of a Building Permit, performance guarantees, and revocation in Division 6 (Zoning Code Administration), and those in Chapter 20-54 (Permit Implementation, Time Limits, and Extensions), shall apply following Design Review approval.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 3933 § 2, 2010; Ord. 3968 § 17, 2011; Ord. 3995 §§ 11, 12, 2012; Ord. 4026 § 4, 2014; Ord. 2019-003 § 4; Ord. 2020-014 § 30; Ord. 2021-012 § 39)
A. 
Purpose. This section establishes procedures for the granting of ministerial Temporary Use Permits for short-term activities.
B. 
Applicability. A Temporary Use Permit allows the short-term activities listed in Subsection D (Allowed temporary activities), below that may not comply with the normal development or use standards of the applicable zoning district, but may otherwise be acceptable because of their temporary nature. Temporary Use Permits are not subject to Design Review in compliance with Section 20-52.030.
C. 
Exempt temporary activities. The following allowed temporary activities are exempt from the requirement for a Temporary Use Permit. Activities that do not fall within the categories defined below shall comply with Subsection D (Allowed temporary activities).
1. 
Construction yards—On-site. On-site contractors' storage yards of less than one acre, including a work trailer, in conjunction with an approved construction project. The contractor's storage 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.
2. 
Emergency facilities. Emergency public health and safety needs/activities, as determined by the Council.
3. 
Location filming. The temporary use of a specific site for the location filming of commercials, movies, videos, etc., as approved by the Director of Transportation and Parking.
4. 
Garage sales. The sale of personal goods which are owned by the household residing on a residentially zoned property for up to three consecutive days and three times within a 12-month period.
5. 
Public property. Activities conducted on public property that are approved by the Council.
D. 
Allowed temporary activities. The following temporary activities may be allowed within the specified time limits, but in no case for more than 12 months, subject to the issuance of a Temporary Use Permit by the Director. Other temporary or short-term activities that do not fall within the categories defined below shall instead comply with the land use permit requirements and development standards that otherwise apply to the property.
1. 
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.
2. 
Construction yards—Off-site. Off-site contractors' construction yards, including a work trailer in conjunction with an approved construction project. 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.
3. 
Events. Arts and crafts exhibits, carnivals, circuses, concerts, fairs, farmers' markets, festivals, flea markets, food events, outdoor entertainment/sporting events, rodeos, rummage sales, second hand sales, and swap meets for up to seven consecutive days, or six two-day weekends, within a 12-month period, when conducted on non-residential properties.
4. 
Outdoor displays and sales. The temporary outdoor display and sales of merchandise, in compliance with Section 20-42.110 (Outdoor Display and Sales) when conducted on non-residential properties.
5. 
Seasonal sales lots. Seasonal sales activities (e.g., Halloween, Thanksgiving, Christmas, etc.) including temporary residence/security trailers, on non-residential properties, for up to 30 days and four times within a 12-month period.
6. 
Temporary auto sales. The temporary outdoor sales of motorized vehicles may occur on any paved site within a CG, CV or CSC zone for a period of three consecutive days every three months not to exceed 12 days in a calendar year. The temporary sale may be set up one day prior to the three-day sale and taken down one day following the sale.
7. 
Temporary parking lots. Temporary, unpaved parking facilities are allowed subject to the following conditions:
a. 
The temporary parking facility must be located on the same parcel or contiguous parcel as the principal use, and have access only through the principal use.
b. 
The temporary parking facility may be located on a noncontiguous parcel when it serves certain public, semi-public, or educational land uses.
c. 
The Temporary Use Permit may be granted for an initial period not to exceed three years, with a possible one-year extension.
d. 
In reviewing the Temporary Use Permit, the review authority may attach conditions for fencing, drainage, dust control and other items as necessary to assure compatibility with surrounding uses and minimize potential adverse effects.
8. 
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. An application for a temporary real estate office may be approved for a maximum of 12 months from the date of approval.
9. 
Temporary structures. A temporary classroom, office, or similar structure, including a manufactured or mobile unit, may be approved for a maximum of 12 months from the date of approval, as an accessory use or as the first phase of a development project.
10. 
Temporary work trailers. A trailer or mobile home used as a temporary work site for employees of a business:
a. 
During construction or remodeling of a permanent commercial or manufacturing structure for a maximum of 12 months, or upon expiration of the Building Permit, whichever first occurs; or
b. 
Upon demonstration by the applicant that the temporary work site is a short-term necessity for a maximum of 12 months, while a permanent work site is being obtained.
11. 
Similar temporary activities. Similar temporary activities that the Director determines are compatible with the zoning district and surrounding land uses."
E. 
Application requirements. An application for a Temporary Use Permit shall be filed in compliance with Chapter 20-50 (Permit Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for Temporary Use Permit applications. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection G (Findings and decision), below.
F. 
Development criteria. The Director shall consider the following criteria based on the type and duration of the proposed temporary activity, using the requirements of the applicable zoning district and Division 3 (Site Planning and General Development Standards) for guidance:
1. 
Floor areas, heights, landscaping, off-street parking, setbacks, signs, and other structure and property development features;
2. 
Measures for removal of the activity and site restoration, to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Zoning Code; and
3. 
Limitation on the duration of approved "temporary structures," to a maximum of 12 months, so that they shall not become permanent or long-term structures.
G. 
Findings and decision. A Temporary Use Permit may be approved by the Director only after the Director first finds that the requested activity complies with applicable standards, and therefore the establishment, maintenance, or operation of the temporary activity would not be detrimental to the public health, safety, or welfare of persons residing or working in the neighborhood of the proposed activity.
H. 
Post approval procedures. The procedures relating to appeals, performance guarantees, and revocation in Division 6 (Zoning Code Administration) shall apply following the approval of a Temporary Use Permit application.
1. 
Condition of the site following temporary activity. Each site occupied by a temporary activity shall be cleaned of debris, litter, or other evidence of the temporary activity on completion or removal of the activity, and shall thereafter be used in compliance with the provisions of this Zoning Code. A performance security in a form and amount acceptable to the Director may be required before initiation of the activity to ensure cleanup after the activity is finished.
2. 
Performance security for temporary structures. Before issuance of a Temporary Use Permit the applicant shall provide performance security in a form and amount acceptable to the Director to guarantee removal of all temporary structures within 30 days following the expiration of the Temporary Use Permit.
3. 
Extensions of Temporary Use Permits prohibited. The term of a Temporary Use Permit may not be extended. Applicants for activities that would exceed the allowed terms identified in Subsection D (Allowed temporary activities) shall file for a Conditional Use Permit, rather than a Temporary Use Permit, in compliance with Section 20-52.050.
4. 
Required lapse of time for Temporary Use Permits. Except for seasonal sales lots, a minimum of 30 days shall pass between the expiration of a Temporary Use Permit and the issuance of a new and similar Temporary Use Permit the for the same property, or the actual removal of the materials and structures associated with the former activity, whichever last occurs.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1, 2005; Ord. 3848 § 1, 2007)
A. 
Purpose. Conditional Use Permits and Minor Conditional Use Permits provide a process for reviewing land use activities that may be desirable in the applicable zoning district, but whose effect on the site and surroundings cannot be determined before being proposed for a particular location.
B. 
Applicability.
1. 
When required. A Conditional Use Permit or Minor Conditional Use Permit is required to authorize proposed land uses identified by Division 2 (Zoning Districts and Allowable Land Uses) as being allowable in the applicable zoning district subject to the approval of a Conditional Use Permit or Minor Conditional Use Permit.
2. 
Scope of review. The review of a Conditional Use Permit or Minor Conditional Use Permit application shall include all other land use activities occurring on the subject parcel.
C. 
Review authority.
1. 
Conditional Use Permits. The Commission may approve, conditionally approve, or deny an application for a Conditional Use Permit.
2. 
Minor Conditional Use Permits. The Zoning Administrator may approve, conditionally approve, or deny an application for a Minor Conditional Use Permit.
D. 
Application requirements. An application for a Conditional Use Permit or Minor Conditional Use Permit shall be filed in compliance with Chapter 20-50 (Permit Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for Conditional Use Permit or Minor Conditional Use Permit applications. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection F (Findings and decision), below.
E. 
Project notice and hearing.
1. 
Conditional Use Permits—Public notice and hearing required. The Commission shall conduct a public hearing on an application for a Conditional Use Permit before a decision on the application. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 20-66 (Public Hearings).
2. 
Minor Conditional Use Permits—Public notice required. Before a decision on a Minor Conditional Use Permit, the Department shall provide notice in compliance with Chapter 20-66 (Public Hearings).
a. 
Public notice. The notice shall state that the Zoning Administrator will decide whether to approve or disapprove the Minor Conditional Use Permit application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision.
b. 
Hearing. When a hearing is requested, notice of the hearing shall be provided in compliance with Chapter 20-66, and the Zoning Administrator shall conduct the public hearing before a decision on the application in compliance with Chapter 20-66.
F. 
Findings and decision. The review authority may approve or deny an application for Conditional Use Permit or Minor Conditional Use Permit approval. The review authority shall record the decision and the findings on which the decision is based. The review authority may approve a Conditional Use Permit or Minor Conditional Use Permit only after first finding all of the following:
1. 
The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the City Code;
2. 
The proposed use is consistent with the General Plan and any applicable specific plan;
3. 
The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity;
4. 
The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints;
5. 
Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; and
6. 
The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA).
G. 
Issuance and duration.
1. 
Issuance of the permit. Upon the approval of an application, the review authority shall authorize the issuance of a Conditional Use Permit or Minor Conditional Use Permit, with or without conditions, and one copy of which shall be forwarded to:
a. 
The applicant;
b. 
The Building Official;
c. 
Any other department or agency the Zoning Administrator considers affected by the issuance of the permit; and
d. 
The Department files for permanent retention.
2. 
Duration. Conditional Use Permits and Minor Conditional Use Permits shall be in effect for the duration of the use, or for a time periods specified in the conditions of approval, or until the time a revocation of the permit is effectuated.
H. 
Conditions of approval. In approving a Conditional Use Permit or Minor Conditional Use Permit, the review authority may impose any conditions (e.g., buffers, landscaping and maintenance, off-site improvements, performance guarantees, screening, surfacing, time limits, etc.) deemed reasonable and necessary to ensure that the approval would comply with the findings required by Subsection G (Findings and decision), above.
I. 
Post approval procedures. The procedures relating to appeals, performance guarantees, and revocation in Division 6 (Zoning Code Administration), in addition to those in Chapter 20-54 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of a Conditional Use Permit or Minor Conditional Use Permit application.
(Ord. 3677 § 1, 2004)
A. 
Purpose. This Section allows Variances from the development standards of this Zoning Code only when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other conditions, the strict application of this Zoning Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts.
B. 
Intent. The intent of the Section is to allow relief, in certain situations, from the strict application of the regulations identified within this Zoning Code only by reason of:
1. 
The exceptional narrowness, shallowness, or the unusual shape of a structure or parcel of property;
2. 
The exceptional topographic conditions or other extraordinary situation of the structure or parcel; or
3. 
The lawful use or development of property immediately adjoining the parcel in question.
C. 
Applicability.
1. 
Allowable Minor Adjustments.
a. 
Minor Adjustments provide a simplified procedure for City review and decision on requests that propose only a very minor modification of applicable Zoning Code standards, and only when pertaining to existing structures and not the construction of new structures. The Minor Adjustments are subject to the special findings identified in Subsection G (Findings and decision), below.
b. 
An application for a Minor Adjustment shall be considered by the Director governing only the development standards identified in the following Table 5-3.
TABLE 5-3—SCOPE OF MINOR ADJUSTMENTS
Types of Minor Adjustments Allowed
Maximum Adjustment
1. Parking. A decrease in the required number and design of parking aisles and spaces.
25 percent
2. Projections. An increase in the allowable projection of canopies, cornices, eaves, fireplaces, landings, masonry chimneys, overhangs, raised porches, stairways, and steps into a required setback area.
25 percent
3. Setback areas. A decrease in a required setback, but no closer to the property line than the average of the developed lots on the same block face, and so that no projection into a public utility easement is allowed.
25 percent
4. Structure height. An increase in the maximum allowable structure height.
10 percent
2. 
Allowable Minor Variances.
a. 
Minor Variances provide a simplified procedure for City review and decision on Variance requests that propose only a minor modification of applicable Zoning Code standards when the limitations established by the Minor Variance are otherwise subject to the same findings required for all Variances. (See Subsection G.)
b. 
An application for a Minor Variance shall be considered by the Zoning Administrator governing only the development standards identified in the following Table, 5-4.
TABLE 5-4—SCOPE OF MINOR VARIANCES
Types of Minor Variances Allowed
Maximum Adjustment
1. Projections. An increase in the allowable projection of canopies, cornices, eaves, fireplaces, landings, masonry chimneys, overhangs, raised porches, stairways, and steps into a required setback area, but no closer to any property line than allowed by the Uniform Building Code.
25 percent
2. Setback areas. A decrease in a required setback, but no closer to the property line than the average of the developed lots on the same block face, and so that no projection into a public utility easement is allowed.
25 percent
3. Structure height. An increase in the maximum allowable structure height.
10 percent
4. Required Variance. A request which exceeds the limitations identified in this subsection shall require the filing of a Variance application in compliance with Subsection 3 (Allowable Sign Variances), below.
3. 
Allowable Sign Variances. Sign Variances are intended to provide greater flexibility in the application of sign regulations to address varied needs and unusual circumstances of certain commercial uses and businesses in the City. A Sign Variance is similar to a Variance, except that a Sign Variance has different findings as shown in the Zoning Code.
a. 
Sign Variances provide a procedure for City review and decision on Sign Variance requests that propose an alternative to applicable Zoning Code standards.
b. 
An application for a Sign Variance shall be considered by the Zoning Administrator and govern only the development standards identified in Chapter 20-38.
4. 
Allowable Variances. The Commission may grant an adjustment from the requirements of this Zoning Code governing only the following development standards:
a. 
Development standards. Any development standard identified in Subsection C.1 (Minor Variances), above where the requested adjustment exceeds the maximum limits for a Minor Variance;
b. 
Dimensional standards. Dimensional standards including distance-separation requirements, fence and wall requirements, landscape and paving requirements, lighting, loading spaces, parcel area, parcel dimensions, parking areas, open space, setbacks, structure heights, etc.;
c. 
Numerical standards. Number of off-street parking spaces, loading spaces, landscaping, etc.;
d. 
Other. Other standards including operational or performance standards relating to dust, glare, hours of operation, landscaping, light, noise, number of employees, etc.
D. 
Review authority. Minor Adjustments, Minor Variances, Sign Variances and Variances may be granted, with or without conditions, only in compliance with the following:
1. 
Minor Adjustments. The Director may grant Minor Adjustments, or may defer action and refer the application to the Commission, in compliance with Subsection C.1 (Allowable Minor Adjustments), above;
2. 
Minor Variances. The Zoning Administrator may grant Minor Variances, or may defer action and refer the application to the Commission, in compliance with Subsection C.2 (Allowable Minor Variances), above;
3. 
Sign Variances. The Zoning Administrator may grant Sign Variances, or may defer action and refer the application to the Design Review Board, in compliance with Subsection C.3 (Allowable Sign Variances), above; and
4. 
Variances. The Commission may grant Variances in compliance with Subsection C.3 (Allowable Variances), above.
E. 
Application requirements. An application for a Minor Adjustment, Minor Variance, Sign Variance and Variance shall be filed in compliance with Chapter 20-50 (Permit Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for Variance applications. It is the responsibility of the applicant to provide evidence in support of the applicable findings required by Subsection G (Findings and decision), below.
F. 
Project notice and hearing.
1. 
Major Variance. A public hearing shall be scheduled once the Director has determined the Variance application complete. The Planning Commission shall conduct a public hearing on an application for a Variance before the approval or denial of the application. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 20-66 (Public Hearings).
2. 
Minor Variance and/or Sign Variance. Public notice required. Before a decision on a Minor Variance and/or Sign Variance, the Department shall provide notice in compliance with Chapter 20-66 (Public Hearings).
a. 
Public notice. The notice shall state that the Zoning Administrator will decide whether to approve or disapprove the Minor Variance and/or Sign Variance application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision.
b. 
Hearing. When a hearing is requested, notice of the hearing shall be provided in compliance with Chapter 20-66, and the Zoning Administrator shall conduct the public hearing before a decision on the application in compliance with Chapter 20-66.
G. 
Findings and decision.
1. 
Special findings for Minor Adjustments. The review authority may approve a Minor Adjustment, with or without conditions, only after first making all of the following findings.
a. 
The Minor Adjustment is necessary because the subject structure was legal when it was originally constructed, but changes in this Zoning Code or the applicable zoning district development standards caused the structure to become legal nonconforming.
b. 
Granting the Minor Adjustment for the subject structure would not pose a serious hazard to the public health or safety of persons residing on or adjacent to the subject parcel.
c. 
The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA).
2. 
Findings for Sign Variances. The Review authority may approve a Sign Variance, with or without conditions, only after making all of the following findings.
a. 
Strict compliance would preclude an effective design solution improving sign functionality, operational efficiency or appearance.
b. 
Strict compliance would preclude an effective design solution fulfilling the basic intent of the applicable regulations.
c. 
The variance will not constitute a grant of special privilege inconsistent with limitations imposed on similarly zoned properties or inconsistent with the purposes of the zoning regulations.
d. 
The proposed sign is architecturally and aesthetically compatible with the major structures on the subject site, and adjacent sites and is compatible with the character of the established neighborhood and general environment.
e. 
The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA).
3. 
Findings for Minor Variances and Variances. The review authority may approve a Minor Variance or Variance, with or without conditions, only after first making all of the following findings.
a. 
There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Zoning Code 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.
b. 
A non-self created hardship peculiar to the subject property does exist by reason of the conditions, and that these conditions are not common to all or most of the properties in the immediate area which are also within the identical zoning district. In this context, personal, family, or financial difficulties, loss of prospective profits, and existing zoning violations, or legal nonconforming uses or structures existing on neighboring properties shall not be deemed hardships justifying a Variance.
c. 
Granting the Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the vicinity which are within the identical zoning district as the subject property, and that a Variance, if granted, would not constitute a special privilege to the subject property which is not held or enjoyed by neighboring properties within the identical zoning district.
d. 
The Variance would not be of substantial detriment to adjacent properties and would not be in conflict with the purposes and intent of this Zoning Code, the General Plan, any applicable specific plan, or the public interest or welfare.
e. 
The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA).
H. 
Precedent. The granting of a prior Variance shall not set a precedent for the granting of a further Variance, and each application shall be considered only on its individual merits.
I. 
Recurrent conditions. A Variance shall not be granted if the review authority finds that the condition of the specific piece of property for which a Variance is sought, is so general or recurrent in the area as to make practicable the formulation and adoption of a general regulation (e.g., a Zoning Code amendment) to address and provide for the prevailing condition.
J. 
Conditions of approval. In approving a Minor Adjustment, Minor Variance, or Variance, the review authority may impose any conditions (e.g., buffers, landscaping and maintenance, performance guarantees, screening, etc.) deemed reasonable and necessary to ensure that the approval would comply with the applicable findings required by Subsection G (Findings and decision), above and 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.
K. 
Post approval procedures. The procedures relating to appeals, performance guarantees, and revocation in Division 6 (Zoning Code Administration), in addition to those in Chapter 20-54 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of a Variance application.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1, 2005; Ord. 4028 § 3, 2014)