The purpose of this chapter is to establish permits and entitlements that are decided by the planning commission. Each permit and entitlement type is described in this chapter in terms of purpose and applicability, exemptions, review process, findings for approval, and conditions. General processing procedures are established in chapter 17.14 (General Application Processing Procedures).
(Ord. No. 1000 § 4, 2022)
A. 
Purpose. The purpose of a variance is to provide flexibility from the strict application of development standards when special circumstances pertaining to the property such as size, shape, topography, or location deprives such property of privileges enjoyed by other property in the vicinity and in the same zone (consistent with the objectives of this title). Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.
B. 
Applicability. A variance may be granted for any exception to the requirements of this title, unless specifically exempted in section 17.20.030(C) (Exemptions).
C. 
Exemptions. A variance from this title may not be granted to:
1. 
Allow a land use not otherwise permitted in the zone.
2. 
Increase the maximum allowed residential density except as allowed by state law.
3. 
Waive or modify a procedural requirement.
D. 
Review process. The planning commission is the designated approving authority for variances and shall approve, conditionally approve or deny all such applications. The planning commission shall hold a public hearing on each application for a variance. The hearing shall be set and notice given as prescribed in chapter 17.14 (General Application Processing Procedures).
E. 
Findings.
1. 
Before granting a variance, the planning commission shall make the following findings that the circumstances prescribed below apply.
a. 
Strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this code.
b. 
There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same zone.
c. 
Strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone.
d. 
The granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone.
e. 
The granting of the variance will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity.
F. 
Conditions. The planning commission is authorized to grant a variance to achieve those purposes as prescribed in accordance with the procedure in this section and impose reasonable conditions as the commission may deem necessary to ensure compatibility with surrounding uses; to preserve the public health, safety, and welfare; and to enable the commission to make the findings required by section 17.20.030(E) (Findings).
(Ord. No. 1000 § 4, 2022)
A. 
Purpose. This section establishes the review procedures for residential, commercial, mixed use, industrial, and institutional development proposals to facilitate project review by local responsible agencies 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 maintain consistency 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. In addition, the city finds that a major design review process will support the implementation of the general plan, as it stresses quality community design standards. The city further finds that the quality of certain residential, institutional, commercial, mixed use, and industrial uses has a substantial impact upon the visual appeal, environmental soundness, economic stability, and property values of the city. This section is not intended to restrict imagination, innovation, or variety, but rather to focus on community design principles which can result in creative imaginative solutions for the project and a quality design for the city. It is the purpose of this section to:
1. 
Recognize the interdependence of land values and aesthetics and provide a method by which the city may implement this interdependence to its benefit.
2. 
Encourage the orderly and harmonious appearance of structures and property within the city along with associated facilities, such as signs, landscaping, parking areas, and streets.
3. 
Maintain the public health, safety and general welfare, and property throughout the city.
4. 
Assist private and public developments to be more cognizant of public concerns for the aesthetics of development.
5. 
Reasonably ensure that new developments, including residential, institutional, commercial, mixed use, and industrial developments, do not have an adverse aesthetic, health, safety, or architecturally related impact upon existing adjoining properties, or the city in general.
6. 
Implement those sections of the city's general plan that specifically refer to the preservation and enhancement of the particular character and unique assets of this city and its harmonious development.
7. 
Minimize the effects of grading by discouraging mass grading and excessive slopes to ensure that the natural character of terrain is retained.
8. 
Preserve significant topographic features, including rock outcroppings, native plant materials, and natural hydrology, while also encouraging improved drainage from lots directly to a street, storm drain, or through a public or privately maintained easement.
9. 
Limit the impact of slopes on adjacent developed properties and limit construction on identified seismic or geologic hazard areas.
10. 
Encourage the use of a variety of housing styles, split-level grading techniques, varied lot sizes, site design densities, maintenance of views, and arrangement and spacing to accomplish grading policies.
11. 
Help ensure that adequate levels of public services are provided for existing and future development in the city.
12. 
Encourage orderly development of residences within areas more readily served by public services.
13. 
Encourage the development of master planned projects that provide the service needs of the residents of these projects and have sufficient access and connectivity to the surrounding neighborhood.
14. 
Encourage the use of energy conservation techniques in all new residential, mixed use, institutional commercial, mixed use, and industrial development.
B. 
Applicability. An application for major design review is required for commercial, mixed use, industrial, institutional, and residential projects involving the issuance of a building permit for construction or reconstruction of a structure which meets any of the following criteria.
1. 
New construction of residential projects with five or more dwelling units.
2. 
New single or multiple building construction, on a vacant property or parcel/lot, with an overall (or, if multiple buildings, combined) floor area of 10,001 square feet or greater.
3. 
Structural additions to an existing building where the addition has a floor area that is 50 percent or more of the floor area of the existing building or 10,001 square feet or greater, whichever is less.
4. 
New building construction, on a developed property or parcel/lot, with an overall (or, if multiple buildings, combined) floor area of 10,001 square feet or greater.
5. 
Reconstruction projects which are greater than 50 percent of the floor area of an existing building (or, if multiple buildings, 50 percent of their combined floor area) or with a floor area of 10,001 square feet or greater.
6. 
Any project being proposed on a property or a parcel/lot along, or within 500 feet, of an "Arterial Roadway" or "Boulevard" as defined by the general plan, except for structures within projects with an approved master plan.
7. 
All projects which are master planned. Once the master plan, including architectural guidelines, has been approved by the city council, individual structures may be approved by the planning director.
8. 
All shopping centers with a building with an overall (or, if multiple buildings, combined) floor area of 10,001 square feet or greater, except individual structures may be approved by the planning director where a master plan, including architectural guidelines, has been approved by the planning commission.
9. 
Certain projects within a hillside area are subject to review pursuant to chapter 17.52 (Hillside Development).
10. 
All projects subject to the requirements of chapter 17.138 (Large Site Development).
C. 
Zones review process. The major design review procedure is outlined below.
1. 
The planning commission is the designated approving authority for major design review and shall approve, conditionally approve, or deny all major design review applications. The planning commission shall hold a public hearing on each application for major design review. The hearing shall be set and notice given as prescribed in chapter 17.14 (General Application Processing Procedures).
2. 
Development proposals submitted pursuant to this section may 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. Review and analysis by the design review committee will consider design elements, such as, but not limited to, compatibility of the project to surrounding properties, relationship of the design and layout of the project to the site, architectural design, and use of materials, grading, landscaping, screening and buffering techniques of adjacent properties, signs, and open space. The design review committee will determine if the project adequately meets city design guidelines and standards and will transmit an appropriate recommendation to the planning commission. The design review committee shall review the project design submittals and make recommendations to the planning commission 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).
3. 
Proposals submitted pursuant to this section may also require review by other necessary committees as applicable (e.g., trails).
D. 
Findings. The planning commission shall make the following findings before approving a major design review application:
1. 
The proposed project is consistent with the general plan and any applicable specific 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; and
4. 
The proposed project, together with any applicable conditions, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
E. 
Planning commission decision and conditions. The planning commission is authorized to approve or deny applications and to impose reasonable conditions upon such approval, as the commission may deem necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enable the commission to make the findings required by section 17.20.040(D) (Findings).
(Ord. No. 1000 § 4, 2022)
A. 
Purpose. These regulations are intended to prevent problems of blight and deterioration which can be brought about by the concentration of adult entertainment businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, public parks, and residential zones. The city council finds that it has been demonstrated in various communities that the concentration of adult entertainment businesses causes an increase in the number of transients in the area and an increase in crime and can cause other businesses and residents to move elsewhere. It is therefore the purposes of this section to establish establishes reasonable and uniform regulations to prevent the concentration of adult establishments or their close proximity to incompatible uses, while permitting the location of adult businesses in certain areas.
B. 
Applicability. The permittee must apply for a new adult entertainment permit as follows:
1. 
Prior to establishment of a new adult entertainment establishment or any change in the location of the adult entertainment establishment.
2. 
Prior to the conversion of any existing adult entertainment establishment to any other type of adult entertainment establishment as described herein.
3. 
Prior to any change in the business name of the adult entertainment establishment.
4. 
Prior to the enlargement of an existing adult entertainment establishment.
5. 
By the new owner upon sale or transfer of the business as outlined in section 17.20.050(H) (Sale or Transfer of Business).
C. 
Permit application.
1. 
Any person, association, partnership, corporation, or other entity desiring to obtain an adult entertainment zoning permit, shall file an application with the planning director on a form provided by the planning director. The application shall be accompanied by a nonrefundable application processing fee in the amount established by city council resolution.
2. 
The application for a permit shall contain the following information:
a. 
The name, address, and telephone number of the applicant. If the applicant is a corporation, the applicant shall set forth the name of the corporation exactly as shown in its article of incorporation and the names and addresses of the officers, directors, and each stockholder owning more than ten percent of the stock of the corporation. If the applicant is a partnership, the applicant shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provision of this section pertaining to a corporate applicant shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer.
b. 
Name, address, and telephone number of the person who shall manage and operate the establishment for which the permit is requested. The name and address of a person authorized to accept service of legal notices.
c. 
The proposed business name of the adult entertainment establishment and description of the type of adult establishment.
d. 
Street address of the proposed adult entertainment establishment and the tax assessor's parcel number of the property.
e. 
A plot plan for the property depicting the location of the building housing the adult entertainment establishment on the property.
f. 
If the adult entertainment establishment was in existence as of the effective date of these regulations, the date the establishment first commenced operation.
g. 
Any other information reasonably necessary to accomplish the purposes of these regulations.
D. 
Review process.
1. 
Application. Any person, association, partnership, corporation, or other entity desiring to obtain an adult entertainment permit shall file an application on the form provided by the planning director. The application shall be accompanied by a nonrefundable application processing fee in the amount established by city council resolution.
2. 
Referral to other city departments. The planning director may refer the application to other city departments to determine whether the premises where the adult entertainment establishment is located, or will be located, complies with the city's building, health, zoning, and fire ordinances or other applicable ordinances or laws. City departments may conduct an inspection of the premises to determine compliance with the ordinances and laws they administer.
3. 
Action on application. After conducting a noticed public hearing, the planning commission shall determine whether to grant or deny the permit.
E. 
Grounds for denial. An adult entertainment permit shall be approved unless the approving authority determines from a consideration of the application, city inspection of the premises, or other pertinent information that:
1. 
The information contained in the application or supplemental information requested from the applicant is false in any material detail.
2. 
The proposed location of the adult entertainment business would not comply with the requirements of chapter 17.86 (Adult Business Uses).
3. 
The operation of the adult entertainment business is or would be in violation of one or more provisions of these regulations.
4. 
The premises where the adult entertainment business is or will be located does not comply with all applicable laws, including, but not limited to, the city's building, health, zoning, and fire ordinances.
5. 
That a permit to operate the adult entertainment establishment has been issued to the applicant, a partner of the applicant, or a stockholder of the applicant which stockholder owns more than ten percent of the applicant's corporate stock, which permit has been suspended and the period of suspension has not yet ended.
F. 
Conditions. The planning commission is the designated approving authority and may apply conditions as the planning commission deems necessary to not identify a basis for denial as provided in section 17.20.050(E) (Grounds for Denial).
G. 
Display of permit. Each person to whom or for whom a permit has been granted shall display said permit in a conspicuous place within the adult entertainment establishment so the same may be readily seen by persons entering the premises.
H. 
Sale or transfer of business. No adult entertainment permit may be sold, transferred, or assigned by the permittee, or by operation of law, to any other person or persons; and any such sale, transfer, or assignment, or attempted sale, transfer, or assignment, shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be deemed terminated and void; provided and excepting, however, that if the permittee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit and in each case the permittee shall thereafter be deemed to be the surviving partner(s). One or more proposed partner(s) in a partnership granted a permit hereunder may make application to the planning director, together with the fee established by the city council therefor, to amend the original application providing all information as required for partners in the first instance and, upon approval thereof, the transfer of the interests of one or more partners to the proposed partner or partners may occur. If the permit is issued to a corporation, the permit shall be deemed terminated and void if stock is sold, transferred, issued, or assigned to a person not listed on the application as a stockholder; provided, however, the proposed transferee may submit to the planning director, together with a fee established by the city council, an application to amend the original application providing all information as required for stockholders in the first instance, and upon approval thereof, the transfer may then occur.
(Ord. No. 1000 § 4, 2022)
A. 
Purpose. The purpose of a conditional use permit is to provide a public review process for the discretionary review of proposed uses and activities that require special consideration to ensure that their effects are compatible with locational, use, structural, traffic, and/or the characteristics of neighboring properties and the community. This discretionary review process is intended to ensure land use compatibility and to mitigate potential impacts or conflicts that could otherwise result from the proposed use. More specifically, a conditional use permit is intended to:
1. 
To consider the relationship of the use or project to the surrounding area, neighborhood, and community as a whole;
2. 
To determine if the project's use and location is compatible with the types of uses that are normally permitted in the surrounding area;
3. 
To consider the compatibility of the proposed use with the site's characteristics;
4. 
To evaluate the adequacy of services and facilities for the proposed use;
5. 
To provide an opportunity for public review and comment on the proposed use; and
6. 
To identify conditions and requirements necessary to comply with the basic purposes of this code, the general plan, and any applicable plans or regulations.
B. 
Applicability. This section applies to any land use requiring a conditional use permit as designated with a "C" on the allowed use tables (Table 17.30.030-1 and Table 17.136.020-1). Any development subject to approval of a conditional use permit must comply with all applicable requirements of this section.
C. 
Application requirements. An application for a conditional 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.
D. 
Approving authority. The planning commission is the approving authority for conditional use permits, except that the approving authority for all industrial buildings with a gross floor area of 75,000 square feet or greater is the city council. The planning commission may approve, conditionally approve, or deny a conditional use permit application. In instances when an application for a conditional use permit is processed concurrently with other land use entitlements requiring action by the city council, the planning commission shall make a recommendation on the conditional use permit application to the city council.
E. 
Findings. The approving authority shall make the following findings before approving a conditional use permit application:
1. 
The proposed use is consistent with the general plan.
2. 
The proposed use is consistent with the purposes of the Development Code and the purposes of the applicable zone as well as any applicable specific plans or city regulations/standards.
3. 
The site is physically suitable for the type, density, and intensity of the use being proposed, including access, utilities, and the absence of physical constraints that would make conduct of the use undesirable.
4. 
The design, location, size and operating characteristics of the proposed use would be compatible with the existing and other permitted uses in the vicinity including transportation and service facilities.
5. 
Granting the permit would not constitute a nuisance or be injurious to detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located. The factors to be considered in making this finding include:
a. 
Property damage or nuisance arising from noise, smoke, odor, dust, vibration or illumination caused by the use;
b. 
Hazard to persons or property from possible explosion, contamination, fire or flood caused by the use; and,
c. 
Significantly increase the volume of traffic or negatively alter the pattern of traffic.
6. 
The proposed use will not pose an undue burden on city services, including police, fire, streets, and other public utilities, such that the city is unable to maintain its current level of service due to the use; and
7. 
The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA).
F. 
Conditions of approval. The approving authority may impose reasonable conditions of approval to enable it to make the above findings and to ensure that the use will meet all applicable performance criteria, regulations, and standards and is compatible with surrounding uses, and to preserve the public health, safety, and welfare.
G. 
Approval applies to land. Any conditional use permit approval shall run with the land and shall continue to be valid for the time period specified, whether or not there is a change of ownership of the site or structure to which it applies. Conditional use permit approval cannot be transferred to another site.
(Ord. No. 1000 § 4, 2022)