The purpose of this section 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 17.14 (General Application Processing Procedures). Table 17.14.060-1 (Review and Approval Authority) provides a summary of the administrative and planning director permits and entitlements and indicates whether the decision may be appealed.
(Ord. No. 1000 § 4, 2022)
A. 
Purpose and applicability. The planning director may issue official code interpretations pursuant to this section when, in his or her opinion, the meaning or applicability of any provision of this code is ambiguous, misleading, or unclear. The purpose of such interpretations is to disclose the manner in which this title shall be applied in future cases, provided that any interpretation may be superseded by a later interpretation when the planning director determines that the earlier interpretation was in error or no longer applicable under the current circumstances. The planning director may issue an official interpretation or refer the question to the planning commission for a determination.
B. 
Review process.
1. 
Official code interpretations shall be issued in writing and shall state the facts upon which the planning director relied to make the determination.
2. 
Records of interpretations and referral. The planning department shall keep records of the official determinations on file for future reference.
(Ord. No. 1000 § 4, 2022)
A. 
Purpose. Certain administrative permits and entitlements decided by the planning director require a notice to neighboring property owners.
B. 
Applicability. Notice for director determination shall be provided for the following applications:
1. 
Tree removal permit (only if six or more trees).
2. 
Minor exceptions.
3. 
Minor use permits.
C. 
Notice of application. Notice of an application for a tree removal permit for six or more trees, minor exceptions, and minor use permits, shall be given in compliance with the requirements of this section. The notice shall specify that the application will be decided by the city following an open public comment period where comment is received on or before a date specified in the notice which shall be ten days after the date of mailing. This notice shall also include an explanation of appeal rights.
1. 
Notice of the filing of an application for those applications identified in subsection B of this section shall be mailed to persons owning property within 660 feet of the property lines of the project site.
2. 
Notice of the filing of an application for a minor use permit to authorize uses and activities in the Neo-Industrial (NI) and Industrial Employment (IE) industrial zones shall be mailed to persons owning property within 1,500 feet of the property lines of the project site.
3. 
Notice of the filing of an application for tree removal permits or minor exceptions shall be mailed to persons owning property adjacent to the project site.
D. 
Decision. The director may approve, approve with conditions, or deny applications listed in this section. Decisions shall be based on standards and criteria set forth within this code and shall be accompanied by brief, written findings and a determination. Planning director decisions listed in section 17.16.025(B) (Applicability) above may be appealed to the planning commission.
(Ord. No. 1000 § 4, 2022)
A. 
Purpose. The plan check/zoning clearance process is to ensure that all new and modified uses and structures comply with applicable provisions of this code, using administrative procedures and a thorough but typically "over-the-counter" planning approvals for building permits, business licenses, and other city applications that requires approval from a different city department and can be processed by the planning department in a relatively short time period.
B. 
Applicability. Plan check/zoning clearance is required for the following actions:
1. 
All structures that require a building permit.
2. 
All planning entitlement and permit approvals to ensure compliance with applicable conditions of approval.
3. 
Other city applications that may be subject to the provisions of this title, including, but not limited to, business license, encroachment, and grading and improvement plans.
C. 
Review process. Processed along with related city action, such as building permit application or business license.
D. 
Findings. Plan check/zoning clearance shall be granted only when the planning director finds the proposal to be in conformance with all applicable provisions of this title. No permit or application listed in sections 17.16.030(A) (Purpose) and 17.16.030(B) (Applicability) shall be issued without approval of plan check.
E. 
Compliance requirements. The planning director may impose requirements in order to ensure compliance with this title and to prevent adverse or detrimental impact to the surrounding neighborhood.
(Ord. No. 1000 § 4, 2022)
A. 
Purpose. The requirement of a home occupation permit ensures that home occupations in residential neighborhoods are compatible with the surrounding neighborhood character. The planning director is authorized to approve, impose reasonable conditions upon such approval, or deny home occupation permits.
B. 
Applicability. A home occupation permit shall be required for all home occupations.
C. 
Review process.
1. 
Applications for a home occupation shall be submitted on forms provided by the planning department along with the applicable fee established by city council resolution.
2. 
Upon acceptance of a home occupation application, the planning director or a designated representative shall review the request for compliance with development standards related to the proposed activities and render a decision within a five-day review period. The decision shall clearly state, in writing, any conditions of approval or reasons for denial.
3. 
Immediately following the effective date of an approved home occupation, the applicant shall obtain a city business license.
4. 
Relocation of a home occupation. If a home occupation relocates, a new permit and review shall be required for the new location; however, the new location shall be exempt from application fees provided the occupation is of the same use.
5. 
The applicant is responsible for obtaining any permit from the County of San Bernardino Health Department for any home occupation for which a Health Department Permit is required, such as a cottage food industry or micro-enterprise home kitchen.
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. 
The proposed home occupation is consistent with the general plan, any applicable specific plan or planned community, and all applicable provisions of this title;
2. 
The proposed home occupation is consistent with the development standards for home occupations shown in section 17.92.030 (Development Standards); and
3. 
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. 
Compliance requirements. 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.
(Ord. No. 1000 § 4, 2022)
A. 
Purpose. The purpose of a sign permit is to provide a review process for new signs to ensure consistency with the requirements of this title.
B. 
Applicability. A sign permit shall be required prior to the placing, erecting, moving, or reconstructing of any sign in the city, unless expressly exempted by this title. Signs requiring a permit shall comply with the provisions of this title and all other applicable laws and ordinances.
C. 
Review process.
1. 
An application for a permit shall be made on forms as prescribed by the planning director and shall be accompanied by any fees as specified by city council resolution.
2. 
After receipt of a sign application, the planning director or a designated representative shall render a decision to approve or deny the sign request within ten working days. Prior to denial of the application, the planning director or designated representative shall identify and request any modifications necessary in order to approve the application. Such a review shall ensure that any sign proposal is in conformance with this title and is consistent with its intent and purpose.
D. 
Findings. The planning director shall issue the sign permit only after determining and finding that the request complies with all requirements of this title applicable to the proposed sign, including any applicable uniform sign program.
E. 
Compliance requirements. The planning director may impose requirements related to approval of the sign permit in order to ensure compliance with this title and the general plan.
(Ord. No. 1000 § 4, 2022)
A. 
Purpose. A uniform sign program provides a process for the city's review of, and decisions related to, requests for signs for multi-tenant projects. The intent of a uniform sign program is to allow for the integration of a project's signs with the design of the structures to achieve a unified architectural statement and to approve common sign regulations for multi-tenant projects.
B. 
Applicability. A uniform sign program shall be required for all new multi-tenant shopping centers, office parks, and other multi-tenant, mixed-use, or otherwise integrated developments of three or more separate tenants/uses that share buildings, public spaces, landscape, and/or parking facilities.
C. 
Review process.
1. 
An application for a permit shall be made on forms as prescribed by the planning director and shall be accompanied by any fees as specified by city council resolution.
2. 
After receipt of a uniform sign program application, the planning director or a designated representative shall render a decision to approve or deny the request within 30 working days. Prior to denial of the application, the planning director or designated representative shall identify and request any modifications necessary in order to approve the application. Such a review shall ensure that any sign proposal is in conformance with this title and is consistent with its intent and purpose.
D. 
Findings. A uniform sign program, or revisions thereto, may be approved only when the designated approving authority makes all of the following findings:
1. 
The proposed uniform sign program is consistent with the development standards for signs as provided in chapter 17.74 (Sign Regulations for Private Property); and
2. 
The design, location, and scale of proposed signs for the integrated development are in keeping with the architectural character of the development.
E. 
Compliance requirements. The planning director may impose requirements when approving a sign program to ensure compliance with this title and the general plan.
(Ord. No. 1000 § 4, 2022)
A. 
Purpose. Temporary use permits provide a process for administrative review for short-term activities that may not meet the normal development or use standards of the applicable zone, but may be acceptable because of their temporary nature. The intent of these regulations is to ensure that the temporary use does not adversely impact the long-term uses of the same or neighboring sites, or impact the general health, safety, and welfare of persons residing within the community.
B. 
Applicability. A temporary use permit shall be required prior to the establishment of those uses specified in section 17.104.020 (Permit Requirements and Exemptions).
C. 
Review process. Applications shall be submitted along with required materials and any application fee as established by city council resolution a minimum of 15 days prior to the event. The planning department and other departments as necessary shall review the request and render a decision. The decision shall clearly state, in writing, any conditions of approval or reasons for denial. Temporary use permits will be reviewed for compliance with development standards related to those activities provided in chapter 17.104 (Temporary Uses).
D. 
Findings. The planning director shall approve, or approve with conditions, an application for a temporary use permit after finding all of the following. If the director does not make all of these findings, he or she shall deny the temporary use permit:
1. 
The establishment, maintenance, or operation of the use will 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.
2. 
The use, as described and conditionally approved, will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.
3. 
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.
E. 
Conditions. In approving a temporary use permit, the director may impose such conditions as are needed to ensure that the required findings can be made. Such conditions may include, but shall not be limited to, the following:
1. 
Measure to minimize impact on adjacent uses, such as buffers, hours of operation, lighting requirements, and/or parking measures.
2. 
Property maintenance requirements to ensure that 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.
3. 
Appropriate performance guarantees/security may be required before initiation of the use to ensure proper cleanup after the use is finished.
4. 
Other conditions of approval deemed reasonable and necessary to ensure that the approval would be in compliance with the findings above.
F. 
Revocation. A temporary use permit may be revoked or modified by the director based on any of the following grounds:
1. 
The permit was obtained by misrepresentation or fraud.
2. 
The conditions of approval for the permit have not been met, or the permit is not being exercised.
3. 
The use for which the permit was granted is being or is permitted to be or operates in violation of any statute, ordinance, law, or regulation.
4. 
The permit is being exercised in a way that is detrimental to the public health, safety, or welfare or constitutes a nuisance.
(Ord. No. 1000 § 4, 2022)
A. 
Purpose. The purpose of a tree removal permit is to provide a review process for the removal of heritage trees that are considered to be a community resource.
B. 
Applicability. The provisions of this chapter shall apply to all heritage trees on all private property within the city, except as set forth in section 17.16.080(E) (Exemptions) of this chapter. Further, this chapter is not intended to supersede tree preservation policies which are more stringent than the requirements of this title.
C. 
Heritage tree. A heritage tree is defined as any tree which meets at least one of the following criteria:
1. 
Any tree on single family residential property in excess of 30 feet in height and having a single trunk diameter at breast height (DBH) of 20 inches or more as measured four and one-half feet from ground level; or
2. 
Any tree on multi-family residential and mixed-use property in excess of 15 feet in height and having a single trunk diameter at breast height (DBH) of 20 inches or more as measured four and one-half feet from ground level; or
3. 
Any tree on commercial, industrial, and institutional property in excess of eight feet in height and having a single trunk diameter at breast height (DBH) of 20 inches or more as measured four and one-half feet from ground level; or
4. 
Multi-trunk trees having a total diameter at breast height (DBH) of 30 inches or more as measured four and one-half feet from ground level; or
5. 
A stand of trees the nature of which makes each dependent upon the others for survival; or
6. 
Any other tree as may be deemed historically or culturally significant by the planning director because of age, size, condition, location, or aesthetic qualities.
D. 
Permit requirements.
1. 
No person, firm, or corporation shall remove, relocate, reduce in height by more than 25 percent of the original height of the tree (by "topping"), or destroy any heritage tree within the city limits, including an applicant for a building permit, without first obtaining a tree removal permit from the planning director.
2. 
Prior to issuing any tree removal permit, the planning director may require an applicant to submit a report detailing the condition of the tree(s) subject to the permit and justification for their removal, relocation or pruning. The report shall be prepared by a qualified arborist and paid for at the applicant's expense.
3. 
No tree removal permit shall be issued for the removal of any heritage tree on any lot associated with a proposal for development, unless all discretionary approvals have been obtained from the city, or unless an emergency waiver is granted pursuant to section 17.16.080(H) (Emergency Waiver).
4. 
No tree designated as a historic landmark shall be altered, removed, relocated, or destroyed by any person, firm, or corporation without first obtaining both a certificate of compliance and a tree removal permit. Alteration, removal, relocation, or destruction of trees designated as historic landmarks may require a certificate of compliance even if exempt from the requirement for a tree removal permit under this section.
5. 
If it is demonstrated by the applicant that a tree proposed for removal is dead by providing visual evidence and/or an arborist report prepared by a qualified arborist, then a permit is required but no fee will be assessed.
E. 
Exemptions. The following shall be exempt from the provisions of this chapter:
1. 
Trees which are fruit or nut bearing.
2. 
Trees planted, grown, and/or held for sale by licensed nurseries and/or tree farms or the removal or transplanting of such trees pursuant to the operation of a licensed nursery and/or tree farms.
3. 
Trees within existing or proposed public rights-of-way where their removal or relocation is necessary to obtain adequate line-of-sight distances as required by the city engineer, or designee.
4. 
Trees that, in the opinion of the director of public works services, or designee, will cause damage to existing public improvements.
5. 
Trees that require maintenance or removal action for the protection of existing electrical power or communication lines or other property of a public utility.
6. 
Trees in public parks that are diseased and/or infected by insects that could affect other trees in the park.
7. 
Trees within a designated urban wildlife interface area.
F. 
Review process.
1. 
An application for a tree removal permit shall be filed, together with any required fee as set by resolution of the city council, with the planning director on forms provided for the purpose.
2. 
A tree removal application may be submitted together with any application for tentative subdivision maps or other proposals for urban development.
3. 
In addition to required application materials, the planning director may cause to be prepared, at the applicant's expense, a report by a qualified arborist to assist in making a determination on an application for a tree removal permit.
4. 
If more than five trees are proposed to be removed, the planning director shall, not less than ten days before rendering a decision, provide for public comment through notice to adjacent property owners of the pending application. The notice shall include:
a. 
Description of the tree removal permit request.
b. 
Results of the investigation by staff.
5. 
The planning director shall approve, conditionally approve, or deny the application for a tree removal permit, and may impose such conditions deemed necessary to implement the provisions of this chapter, including, but not limited to:
a. 
Replacement of the removed tree or trees with equal or greater number of tree(s) of species and quantity commensurate with the aesthetic value of the tree or trees removed.
b. 
Tree relocation to another site on the property; provided that the environmental conditions of said new location are favorable to the survival of the tree and provided further that such relocation is accomplished by a qualified landscape architect or qualified arborist.
G. 
Historic landmark designation. Where the trees in question are designated as a historic landmark, a request for a tree removal permit shall be subject to review and approval by the historic preservation commission and certificate of appropriateness procedure pursuant to chapter 17.18 (Historic Preservation Commission Decisions). The action of the historic preservation commission can be appealed to the city council.
H. 
Emergency waiver. Where the planning director determines a tree to be in a dangerous condition requiring emergency action to preserve the public health, safety, and welfare, the permit requirement may be waived. In the event of an emergency caused by a hazardous or dangerous tree, which condition poses an immediate threat to person or property, any member of the fire district may authorize the destruction or removal of such tree without securing a permit.
I. 
Factors for consideration.
1. 
Private property. Where an application for a tree removal permit is filed on private property and is limited to five trees, the planning director shall consider the following prior to approval:
a. 
The condition of the tree(s) with respect to disease, danger of collapse of all or any portion of the tree(s), proximity to an existing structure, or interference with utility services.
b. 
The necessity to remove a tree in order to construct improvements which allow economic enjoyment of the property.
c. 
The number of trees existing in the neighborhood, and the effect the removal would have on the established character of the area and the property values.
d. 
Whether or not such trees are required to be preserved by any specific plan, community plan, condition of approval, or designation as a historic landmark.
2. 
Associated with a proposal for development. Where an application for a tree removal permit is associated with a proposal for development or is on private property and involves greater than five trees, the planning director shall consider the following:
a. 
The condition of the tree(s) with respect to disease, danger of collapse of all or any portion of the tree(s), proximity to an existing structure, or interference with utility services.
b. 
The necessity to remove a tree in order to construct improvements which allow economic enjoyment of the property.
c. 
The number of trees existing in the neighborhood, and the effect the removal would have on the established character of the area and the property values.
d. 
Whether or not the removal of the tree(s) is necessary to construct required improvements within the public street right-of-way or within a flood control or utility right-of-way.
e. 
Whether or not the tree could be preserved by pruning and proper maintenance or relocation rather than removal.
f. 
Whether or not such tree(s) constitute a significant natural resource of the city.
g. 
Whether or not such trees are required to be preserved by any specific plan, community plan, condition of approval, or designation as a historic landmark.
J. 
Findings. The director shall approve, or approve with conditions, an application for a tree removal permit after finding all of the following:
1. 
For a development project, every effort has been made to incorporate the tree(s) into the design of the project and the only appropriate alternative is the removal of the tree;
2. 
For requests not associated with a development project, the tree presents a threat to public health and safety and must be removed; and
3. 
The removal of the tree will not have a negative impact on the health, safety, or viability of surrounding trees, nor will it negatively impact the aesthetics or general welfare of the surrounding area.
(Ord. No. 1000 § 4, 2022)
A. 
Purpose. The land use table 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 zone.
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/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 zone.
2. 
The proposed use will be consistent with the purposes of the applicable zone.
3. 
The proposed use will be consistent with the general plan, any applicable specific plan, and this 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:
1. 
A brief statement explaining the criteria and standards considered relevant to the decision.
2. 
A statement of the standards and facts relied upon in rendering the decision.
3. 
An explanation of appeal rights and appeal deadlines.
(Ord. No. 1000 § 4, 2022)
A. 
Purpose. The purpose of site development review is to provide for the administrative review of projects which, because of their limited size and scope, have minor aesthetic, land use, or traffic implications and do not create any significant impact on public utilities or services and to ensure that such limited projects comply with all applicable city standards and ordinances, and are not detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the immediate vicinity.
B. 
Applicability. An application for site development review is required for residential, commercial, mixed use, industrial, and institutional projects whether or not a building permit is required that meet the following criteria:
1. 
Residential projects. The following residential projects require site development review:
a. 
A modification to approved architectural designs and building configurations for multi-family development which do not result in an increase in the bulk, height, or scale of the building(s).
b. 
Residential additions equal to or greater than 50 percent of the existing gross floor area (this gross area calculation includes all structures that require a building permit).
c. 
Modifications to the building design which change the architectural style and form of the building.
d. 
Exterior material or color changes for multi-family projects.
e. 
New construction, expansion, or reconfiguration of driveways for multi-family projects.
2. 
Commercial, mixed-use, industrial, and institutional projects. The following commercial, mixed use, industrial, and institutional projects require site development review. Modifications to existing design elements (e.g., trellis, pergola, water features) and minor modifications to an exterior elevation (e.g., the installation of awnings, the relocation of doors and windows, or the installation of new doors and windows) are exempt from the requirements of this section.
a. 
An increase/decrease of up to ten percent or an increase/decrease of up to 1,000 square feet, whichever is less, in the gross floor area of an existing building or approved building/design plans.
b. 
New construction, expansion, or reconfiguration of parking lots or driveways.
c. 
A modification to approved architectural designs and building configurations which do not result in an increase in the bulk, height, or scale of the building.
d. 
Modifications to approved plans which do not change the general location of buildings or the layout of parking areas, open space areas, etc. on the site.
e. 
The establishment and/or construction of an outdoor storage area on the same site as, and in conjunction with, an existing business that is less than ten percent of the gross floor area of the primary use or up to 1,000 square feet in area, whichever is less.
f. 
The construction and/or placement of silos, antennas not regulated by chapter 17.106, water tanks, roof- or ground-mounted equipment visible from public view, or similar structures and equipment.
g. 
An alteration to approved grading plans that does not change the basic design concept, increase slopes, increase the height of building elevations, or change the course or volume of a drainage.
h. 
Modification to existing landscaping or landscape plans in excess of 2,500 square feet.
i. 
Modifications to the building design which change the architectural style, form, and theme of the building.
j. 
Exterior material or color changes.
C. 
Review process. An application for a site development review shall be filed with the planning department in a manner prescribed by the planning director with the required fee as established by city council resolution.
D. 
Findings. The planning director shall make the following findings before granting approval of a site development review application:
1. 
The proposed project is consistent with the objectives of this Development Code and the purposes of the zone in which the site is located.
2. 
The proposed project, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
3. 
The proposed project is in compliance with each of the applicable provisions of this Development Code.
4. 
The proposed project is consistent with the general plan.
E. 
Conditions. The planning director is the designated approving authority and may apply conditions as the planning director deems necessary to make the findings required in section 17.16.120(D) (Findings).
(Ord. No. 1000 § 4, 2022)
A. 
Purpose. Exceptions may be needed to certain provisions to allow creative design solutions and to accommodate unique site conditions.
B. 
Applicability. A minor exception may be granted to modify certain requirements of this code, as listed in Table 17.16.110-1 (Standards Subject to Exception). Exceptions do not apply to land use and are not intended to waive a specific prohibition or procedural requirement. Additionally, a minor exception may be granted for exemptions from development standards for the repurposing or reuse of industrial warehouse and other large footprint buildings for adaptive reuse and alternative uses not envisioned when the structure was originally built, provided the use satisfies any allowed use and permit requirements provided in section 17.30.030 (Allowed Land Uses and Permit Requirements) or chapter 17.136, as applicable.
TABLE 17.16.110-1 STANDARDS SUBJECT TO EXCEPTION
Standard
Maximum Reduction or Increase
Maximum fence/wall height
2-foot increase
Minimum amount of parking or loading spaces
25% reduction* (in the amount required by code)
Minimum Setbacks
10% reduction
Build-to-Line (min./max.)
10% (reduction/ increase)
Maximum lot coverage
10% increase (% beyond the maximum allowed)
Maximum height (including ground floor height)
10% increase
Minimum ground floor height
10% decrease
Height for ancillary equipment
Max. 90 feet (see section 17.36.040(D)(4)(a)) Max.120 feet with CUP (see section 17.36.040(D)(b))
Maximum perimeter or block length
10% increase, or as determined by the director
Minimum setback structured parking in a form-based zone
10% reduction
Building placement within private frontage area
10% reduction (of the minimum percent required)
Shade producing frontage
Eliminate requirement
Nonresidential use mix
5% reduction
*
A proposed reduction in excess of 10% requires the completion of a parking study prepared by the city and paid for by the applicant to ensure the reduction will not cause a significant impact on nearby streets or other properties.
C. 
Review process. An application for a minor exception shall be filed with the planning department in a manner prescribed by the planning director with the required fee as established by city council resolution.
D. 
Public notice. The planning director shall, not less than ten days before rendering a decision, provide for public comment through notice to adjacent property owners of the pending application.
E. 
Findings. The planning director shall approve, or approve with conditions, an application for an exception after finding all of the following.
1. 
The minor exception is consistent with the general plan or any applicable specific plan or development agreement.
2. 
The proposed minor exception is compatible with existing and proposed land uses in the surrounding area.
3. 
The proposed exception to the specific development standard(s) is necessary to allow creative design solutions compatible with the desires of the community and/or accommodate unique site conditions.
4. 
The granting of the minor exception will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone, and will not be detrimental to public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.
If the planning director does not make all of these findings, then the director shall deny the minor exception.
F. 
Conditions. In approving a minor exception, the director may impose any reasonable conditions to ensure that the approval will comply with the findings required, as well as any performance criteria and development standards contained within this code.
(Ord. No. 1000 § 4, 2022)
A. 
Purpose. The minor use permit provides a process for director review and determination of requests for uses and activities whose effects on adjacent sites and surroundings must be evaluated. These uses and activities generally meet the purposes of the applicable zone but require special consideration in their design or operation to ensure compatibility with surrounding or potential future uses. It is anticipated that uses qualifying for a minor use permit only have an impact on immediately adjacent properties and can be modified and/or conditioned to ensure compatibility.
B. 
Applicability. This section applies to land use requiring a minor use permit as designated with an "M" on the allowed use tables (Table 17.30.030-1 and Table 17.136.020-1).
C. 
Review process. An application for a minor use permit shall be filed with the planning department in a manner prescribed by the planning director with the required fee as established by city council resolution. The planning director is the approving authority for minor use permits. However, the planning director may also refer a minor use permit to the planning commission for review and approval pursuant to section 17.14.060(C) (Referral to the Planning Commission).
D. 
Findings. The director shall approve, or approve with conditions, an application for a minor use permit after finding all of the following.
1. 
The subject site is suitable for the type and intensity of use or development proposed, and the proposed location, size, and design of the use are compatible with adjacent uses or with natural resources;
2. 
The operating characteristics of the proposed use, including traffic, noise, light, and other characteristics, will be in keeping with the character of the neighborhood and other adjacent uses or uses in the vicinity;
3. 
The proposed improvements of the site, including building design, height and bulk of buildings, setbacks, fencing, landscaping, signage size and location, are compatible with the surrounding neighborhood or area;
4. 
That the proposed use shall not result in conditions that would be detrimental to the public health, safety, or welfare of the community;
5. 
Adequate public facilities and services are available to serve the proposed use or will be made available concurrent with the proposed development;
6. 
Allowing the proposed use at the proposed location would be consistent with and help achieve the goals, objectives, and policies of the general plan and the Development Code; and
7. 
The project would not result in a negative effect to the City's land use inventory available for residential and economic development, consistent with the intent of the general plan land use element.
If the director does not make all of these findings, then the director shall deny the minor use permit.
E. 
Conditions. In approving a minor use permit, the director may impose any reasonable conditions to ensure that the approval will comply with the findings required, as well as any performance criteria and development standards contained within this code.
(Ord. No. 1000 § 4, 2022)
A. 
Purpose. This section establishes a minor design review process for certain types of residential, commercial, mixed use, industrial, and institutional development proposals to facilitate project review in a timely and efficient manner; to ensure that development projects comply with all applicable local design guidelines, standards, and ordinances; to minimize adverse effects on surrounding properties and the environment; and to be consistent with the general plan which promotes high aesthetic and functional standards to complement and add to the physical, economic, and social character of the city.
B. 
Applicability. Minor design review is required for commercial, mixed use, industrial, institutional, and residential projects that meet any of the following qualifications:
1. 
Commercial, mixed use, industrial, and institutional projects. The following commercial, mixed use, industrial, and institutional projects require minor design review:
a. 
New construction on vacant property, where the buildings are less than 10,000 square feet in area.
b. 
Structural additions or new buildings which are less than 50 percent of the floor area of existing on-site building(s), or between 1,001 square feet and 10,000 square feet in area, whichever is less.
c. 
Reconstruction projects which are less than 50 percent of the floor area of existing on-site building(s), or between 1,001 square feet and 10,000 square feet in area, whichever is less.
d. 
Projects involving a substantial change or intensification of land use, such as the conversion of an existing building to a restaurant.
e. 
Projects which exceed the thresholds for site development review in section 17.16.100.
2. 
Residential projects. The following residential projects require minor design review:
a. 
Residential construction involving four or less dwelling units.
b. 
Projects involving a substantial change or intensification of land use, such as the conversion of a residential structure to an office, commercial, or mixed use.
C. 
Review process.
1. 
An application for a minor design review shall be filed with the planning department in a manner prescribed by the planning director with the required fee as established by city council resolution.
2. 
The planning director shall be the approving authority for minor design reviews. The procedure for review and action shall be as provided in this section.
3. 
The planning director may refer development proposals submitted pursuant to this section to be reviewed by the design review committee. Projects to be considered by the design review committee will be scheduled on the first available agenda for committee review. The applicant and any persons requesting notice will be notified at least ten days prior to the meeting.
4. 
The design review committee shall review the project design submittal and make recommendations to the planning director to ensure that:
a. 
The design and layout of the proposed development is consistent with the applicable elements of the city's general plan, design guidelines of the appropriate zone, and any adopted architectural criteria for specialized area, such as designated historic districts, theme areas, specific plans, community plan, boulevards, or planned developments.
b. 
The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring, existing, or future developments, and will not create traffic or pedestrian hazards.
c. 
The design and architecture of the proposed development is in compliance with any applicable design standards included in article VII (Design Standards and Guidelines).
D. 
Findings. The planning director shall make the following findings before approving a minor design review application:
1. 
The proposed project is consistent with the general plan.
2. 
The proposed project is in accord with the objective of this Development Code and the purposes of the zone in which the site is located.
3. 
The proposed project is in compliance with each of the applicable provisions of this Development Code.
4. 
The proposed project, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
E. 
Conditions. In approving a minor design review, the director may impose any reasonable conditions to ensure that the approval will comply with the findings required, as well as any performance criteria and development standards contained within this code.
(Ord. No. 1000 § 4, 2022)
A. 
Purpose. The hillside development review process provides a mechanism to review development proposals in sensitive hillside areas, the intent is to minimize the adverse effects of grading, and to provide for the safety and benefit the welfare of the citizens of the city while allowing for reasonable development of land.
B. 
Applicability. All projects within the hillside overlay zone and any properties with an eight percent slope or greater, including but not limited to:
1. 
Construction of one or more single-family homes.
2. 
Proposed lot development in conjunction with a tentative subdivision map.
3. 
Proposed lot development in conjunction with a general plan or Development Code amendment.
C. 
Exceptions. Projects, which are limited in scope (e.g., regrading of yard areas, pool/spa construction, additions to existing structures which are less than 1,000 square feet, and/or construction of accessory structures which are less than 960 square feet) (not including accessory dwelling units), may apply for a minor design review. However, projects which require grading of large flat areas, including, but not limited to, such items as tennis courts or riding rings, shall require a hillside design review application.
D. 
Application. An application for a hillside design review shall be made on a form specified by the planning director and shall include, at minimum:
1. 
A natural features map, which shall identify all existing slope banks, ridgelines, canyons, natural drainage courses, federally recognized blue line streams, rock outcroppings, and existing vegetation. Also depicted shall be landslides and other existing geologic hazards.
2. 
A conceptual grading plan, which shall include the following items in addition to those required by the city's submittal requirement checklist:
a. 
A legend with appropriate symbols which should include, but not be limited to, the following items: top of wall, top of curb, high point, low point, elevation of significant trees, spot elevations, pad and finished floor elevations, and change in direction of drainage.
b. 
A separate map with proposed fill areas colored in green and cut areas colored in red, with areas where cut and fill exceed depths established in the hillside development guidelines and standards clearly shown. Additionally, the areas of cut and fill, calculated as a percentage of the total site area, shall be included on the plan.
c. 
Contours shall be shown for existing and natural land conditions and proposed work. Existing contours shall be depicted with a dashed line with every fifth contour darker, and proposed contours shall be depicted as above except with a solid line. Contours shall be shown according to the following schedule:
i. 
Natural slope of 19.9 percent or less requires two-foot contours;
ii. 
Natural slope of 20 percent or greater requires five-foot contours.
3. 
A conceptual drainage and flood control facilities map describing planned drainage improvements.
4. 
A slope analysis map for the purpose of determining the amount and location of land, as it exists in its natural state falling into each slope category as specified below. For the slope map, the applicant shall use a base topographical map of the subject site, prepared and signed by a registered civil engineer or licensed land surveyor, which shall have a scale of not less than one inch to 100 feet and a contour interval of not more than two feet, provided that the contour interval may be five feet when the slope is more than 20 percent. This base topographical map shall include all adjoining properties within 150 feet of the site boundaries. Delineate slope bands in the range of zero up to five percent, five percent up to ten percent, ten percent up to 15 percent, 15 percent up to 20 percent, 20 percent up to 25 percent, 25 percent up to 30 percent, and 30 percent or greater. Also included shall be a tabulation of the land area in each slope category specified in acres.
5. 
The exact method for computing the percent slope and area of each slope category should be sufficiently described and presented so that a review can be readily made. Also, a heavy, solid line indicating the eight percent grade differential shall be clearly marked on the plan, and an additional copy of the map shall be submitted with the slope percentage categories depicted in contrasting colors.
6. 
Provide a sufficient number of slope profiles to clearly illustrate the extent of the proposed grading. A minimum of three slope profiles shall be included with the slope analysis. The slope profiles shall:
a. 
Be drawn at the same scale and indexed, or keyed, to the slope analysis map, grading plan, and project site map.
b. 
Show existing and proposed topography, structures, and infrastructures. Proposed topography, structures, and infrastructures shall be drawn with a solid, heavy line. Existing topography and features shall be drawn with a thin or dashed line.
c. 
The slope profile shall extend far enough from the project site boundary to clearly show impact on adjacent property, at least 150 feet.
d. 
The profiles shall be drawn along those locations of the project site where:
i. 
The greatest alteration of existing topography is proposed;
ii. 
The most intense or bulky development is proposed;
iii. 
The site is most visible from surrounding land uses; and
iv. 
At all site boundaries illustrating maximum and minimum conditions.
7. 
At least two of the slope profiles shall be roughly parallel to each other and roughly perpendicular to existing contour lines. At least one other slope profile shall be roughly at a 45-degree angle to the other slope profiles and existing contour lines.
8. 
Both the slope analysis and slope profiles shall be stamped and signed by either a registered landscape architect, civil engineer, or land surveyor indicating the datum, source, and scale of topographic data used in the slope analysis and slope profiles, and attesting to the fact that the slope analysis and slope profiles have been accurately calculated and identified consistent with provisions of this chapter.
9. 
A geologic and soils report, prepared by an approved soils engineering firm and in sufficient detail to substantiate and support the design concepts presented in the application as submitted. Additional environmental studies and investigations, such as, but not limited to, hydrologic, seismic, access/circulation, and biota research may also be required in order to help in the determination of the buildable area of a site.
10. 
A statement of conditions for ultimate ownership and maintenance of all parts of the development including streets, structures, and open spaces.
11. 
In the event that no grading is proposed, e.g., custom lot subdivision, a statement to that effect shall be filed with a plan which shows possible future house plotting, lot grading, driveway design, and septic system location for each parcel proposed, to be prepared on a topographic map drawn at the same scale as the conceptual grading plan.
12. 
When unit development is proposed, illustrative building elevations that show all sides of the proposed structure(s) and which accurately depict the building envelope for each lot shall be provided.
13. 
The following items may be required if determined necessary by the planning director, or planning commission to aid in the analysis of the proposed project to illustrate existing or proposed conditions or both:
a. 
A topographic model;
b. 
A line of sight or view analysis;
c. 
Photographic renderings;
d. 
Any other illustrative technique determined necessary to aid in review of a project.
14. 
Exceptions to the filing requirements may be permitted by the planning director based on the size and scope of the project.
E. 
Review process.
1. 
The planning director shall be the approving authority for hillside development reviews. The procedure for review and action shall be as provided in this section.
2. 
The planning director may refer development proposals submitted pursuant to this section to be reviewed by the design review committee. Projects to be considered by the design review committee will be scheduled on the first available agenda for committee review. The applicant and any persons requesting notice will be notified at least ten days prior to the meeting. The design review committee may review the project design submittals and make recommendations to the planning director to ensure that:
a. 
The design and layout of the proposed development is consistent with the applicable elements of the city's general plan, design guidelines of the appropriate zone, and any adopted architectural criteria for specialized area, such as designated historic districts, theme areas, specific plans, community plan, boulevards, or planned developments.
b. 
The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring, existing, or future developments, and will not create traffic or pedestrian hazards.
c. 
The design and architecture of the proposed development is in compliance with any applicable design standards included in article VII (Design Standards and Guidelines).
F. 
Findings. The planning director, where authorized, shall make the following findings before approving a hillside development review application:
1. 
The proposed project is consistent with the general plan.
2. 
The proposed use is in accord with the objective of this Development Code and the purposes of the zone in which the site is located.
3. 
The proposed use is in compliance with each of the applicable provisions of this Development Code.
4. 
The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
G. 
Conditions. In approving a hillside development review, the director may impose any reasonable conditions to ensure that the approval will comply with the findings required, as well as any performance criteria and development standards contained within this code.
(Ord. No. 1000 § 4, 2022)
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 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 section 17.16.150(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 reasonable accommodation shall include the following:
a. 
Documentation that the applicant is:
i. 
An individual with a disability;
ii. 
Applying on behalf of one or more individuals with a disability;
iii. 
A developer or provider of housing for one or more individuals with a disability;
iv. 
The specific exception or modification to the zoning code provision, policy, or practices requested by the applicant;
b. 
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; and
c. 
Any other information that the director reasonably concludes is necessary to determine whether the findings required by this section to approve a reasonable accommodation, 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 section 17.16.150(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 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; and
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 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; and
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:
1. 
A building permit has been issued and construction has commenced;
2. 
A certificate of occupancy has been issued;
3. 
The use is established; or
4. 
A time extension has been granted.
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 calendar 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 ten 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. No. 1000 § 4, 2022)
A. 
Purpose. The purpose of an entertainment permit is to provide a discretionary review process for new entertainment uses where food and/or beverage is sold concurrently with any form of entertainment in order to ensure public health and safety.
B. 
Applicability. No person or business entity shall operate, conduct, or manage any place or premises open to the public where food or beverages are sold, offered for sale, or given away, and where any form of entertainment, as defined herein, is provided or furnished without first obtaining a permit so to do as hereinafter provided for in this chapter.
C. 
Exceptions. The provisions of this chapter shall not be deemed to require a permit for any of the following:
1. 
Use of a radio or other electronic playback device, except when utilized by an announcer or disc jockey whose live performance consists of selecting or manipulating prerecorded selections of music or other sounds.
2. 
Entertainment provided for members and their guests at a private club where admission is not open to the public.
3. 
Entertainment conducted in connection with a regularly established motion picture theater, recreation park, circus, or fairground.
4. 
Entertainment conducted by or sponsored by any bona fide club, society, or association, organized or incorporated for benevolent, charitable, dramatic, or literary purposes, having an established membership, and which holds meetings at regular intervals of not less than once per three-month period, when proceeds, if any, arising from such entertainment are used for the purpose of such club, society, or association.
5. 
Entertainment provided by no more than four performers as an accessory use to an established business where dancing is not allowed.
6. 
Entertainment conducted solely on or at any premises or location which is owned or operated by, or leased by, to, or from the United States, State of California, County of San Bernardino, City of Rancho Cucamonga, or any agency or subdivision thereof.
7. 
Any adult entertainment business regulated by section 17.20.050 (Adult Entertainment Permit) of this code.
D. 
Review process. An application for an entertainment permit shall be filed with the planning department in a manner prescribed by the planning director with the required fee as established by city council resolution. The planning director is the approving authority for entertainment permits. However, the planning director may also refer an entertainment permit to the planning commission for review and approval pursuant to section 17.14.060(C) (Referral to the Planning Commission).
E. 
Findings. The planning director shall only approve an application for an entertainment permit if all of the following findings are made:
1. 
The conduct of the establishment or the granting of the application is consistent to the public health, safety, morals, or welfare.
2. 
The premises or establishment is likely to be operated in a legal, proper, and orderly manner.
3. 
Granting the application would not create a public nuisance.
4. 
The normal operation of the premises would not interfere with the peace and quiet of any surrounding residential neighborhood.
5. 
The applicant has not made any false, misleading, or fraudulent statement of material fact in the required application.
F. 
Conditions. The planning director in granting any permit may also impose such reasonable conditions as to the use or extent of such permit as deemed appropriate.
G. 
Transfer of permit.
1. 
An entertainment permit issued pursuant to this chapter may be transferred or assigned to another person or business entity at the same physical location, provided there is no intensification or substantial alteration of the originally approved entertainment use. Any request for transfer of an entertainment permit due to change in ownership shall be submitted in writing to the planning director.
2. 
An entertainment permit issued pursuant to this chapter shall not be transferred or assigned to another location for any purpose. Any change in location shall require a new permit. The following shall be deemed a change of location:
a. 
Any relocation or expansion that includes a separate piece of property or parcel of land; or
b. 
Any expansion of the initially permitted premises which represents a greater than 50 percent increase in the square footage of space devoted to public access or occupancy.
(Ord. No. 1000 § 4, 2022)