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that any interpretation may be superseded by a later interpretation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was in error or no longer applicable under the current circumstances.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.
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:
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:
(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.
2.
Residential
projects. The following residential projects require minor design
review:
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:
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:
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:
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:
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:
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.
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:
(Ord. No. 1000 § 4, 2022)
