A. 
Authority of Planning Commission to Grant Conditional Use Permits. The Planning Commission may grant a conditional use permit for those uses which are so allowed by this title. In the granting of any conditional use permit, the Planning Commission may impose such conditions as it determines are necessary and reasonable to protect the best interests of the surrounding property or neighborhood and to ensure compliance with the general purpose and intent of this title and the general plan, and shall impose such conditions as are required by the provisions of this title.
B. 
Purpose of and Required Showing for Conditional Use Permit. The purpose of a conditional use permit shall be to ensure that the degree of compatibility required by this title shall be maintained with respect to the particular use on the particular site, giving consideration to other existing and potential uses within the general area in which such use is located or proposed to be located.
C. 
Notice and Hearing on Application for Conditional Use Permit. Upon the filing by the property owners, by a lessee having a written and acknowledged lease, or by a beneficial or equitable owner of an application for a conditional use permit, in accordance with the procedures and requirements set forth in Chapter 17.02, Article II, which application sets forth fully the grounds for, and the facts claimed to justify the granting of, a conditional use permit, the Planning Commission shall give public notice, as provided in this title, of the intention to consider at a public hearing the granting of a conditional use permit, and shall hold at least one public hearing thereon.
D. 
Planning Commission Report on Findings and Decision. No more than 40 calendar days following the closing of a public hearing on an application for a conditional use permit, the Planning Commission shall, unless it adopts a motion directing that another public hearing be held thereon, adopt its findings and final decision by formal report. The report shall recite, among other things, the facts and reasons which, in the Planning Commission's opinion, make the granting or denial of a conditional use permit necessary to carry out the provisions and general purpose of this title, and shall order that a conditional use permit is thereby granted or denied; and, if such report orders that the conditional use is granted, it shall also recite such conditions and limitations as are imposed. Failure of the Planning Commission to file its report within such period shall not constitute the granting or denial of a conditional use permit, and shall not affect the validity of a report issued after the expiration of such period.
E. 
Report of the Planning Commission. The formal report of the Planning Commission, granting or denying any application for a conditional use permit, shall be promptly filed, shall be numbered consecutively in the order of its filing, and shall become a permanent record in the file of the Planning Commission.
F. 
Notice of Decision of the Planning Commission. Not later than three calendar days following the filing of a report granting or denying a conditional use permit, a copy of the report shall be delivered or mailed by certified or registered mail to the applicant or applicants, utilizing, in the case of mailing, any address shown on the application or other documents filed with the Commission. Notice of the Commission's action granting or denying a conditional use permit shall be delivered or mailed to each member of the City Council, the City Manager, the City Attorney, and each person who has filed with the department a request for notice of decision in the particular case. A copy of such report shall be posted in a prominent place in the City Hall, designated for such purpose by the City Manager, from not later than, three days following until at least the 10th day following the filing of the report, but failure to so post any such notice shall not extend the time of becoming effective of any decision of the Commission.
G. 
Decision of the Planning Commission—When Final—Appeal. The decision of the Planning Commission shall become final and effective 10 days after delivery or mailing of all of the notices required by Section 17.02.120(F) unless prior to 5:00 p.m. of the 10th day, either of the following has occurred:
1. 
A written appeal has been filed with the City Clerk by an applicant or by a person specially aggrieved; or
2. 
The City Council elects to review the decision of the Commission.
H. 
Appeal Procedure.
1. 
If an appeal in writing is filed with the City Clerk as provided in Section 17.02.210(G) or if the City Council elects on its own motion to review the action of the Planning Commission as provided in Section 17.02.210(G), the complete record of the case shall be transmitted to the Council.
2. 
The City Council shall hold one public hearing notice of which shall be given in the manner prescribed by Sections 17.02.050 and 17.02.060, within 40 days of the filing of a written appeal or the adoption by the City Council of a motion to review the action of the Commission.
3. 
The City Council shall announce, within 40 days of the closing of the public hearing, its decision granting or denying a conditional use permit by adoption of a report or resolution, which shall set forth the reasons for its decision and shall indicate wherein such decision conforms to the intent and purpose of this title. In such proceedings, no finding, decision, order, stipulation or other action of the Commission shall bind the City Council.
4. 
The action of the City Council shall be final.
5. 
Within 10 days following the adoption of the report of resolution by the City Council, one copy thereof shall be forwarded to the applicant or the appellant or both, as the case may be, and one copy shall be transmitted to the Commission for filing.
I. 
Time Interval for Re-application for a Conditional Use Permit. A minimum time interval of one year is required between the final denial of a conditional use permit and the refiling of a subsequent application that is the same or substantially the same as that previously denied.
J. 
Expiration. Any conditional use permit shall be null and void:
1. 
If not exercised within the time specified in such conditional use permit or, if no date is specified, within one year from the date of approval of the conditional use permit;
2. 
If the use for which approval was granted has ceased to exist or has been suspended for a continuous period of one year or more; or
3. 
Upon revocation or rescission, as provided in this title.
K. 
Revocation. The Planning Commission may, after a hearing, compliance being had with applicable requirements of Chapter 17.02, Article I, revoke or modify any conditional use permit on any one or more of the following grounds:
1. 
That the conditional use permit was obtained by fraud or misrepresentation;
2. 
That the conditional use permit granted is being, or within the recent past has been, exercised contrary to the terms or conditions of such approval or in violation of any statute, ordinance, law or regulation; or
3. 
That the use permitted by the conditional use permit is being, or within the recent past has been, exercised so as to be detrimental to the public health or safety or as to constitute a nuisance.
L. 
Conditional Use Permits for Certain Public Uses. No formal application procedures shall be required for consideration and granting of conditional use permits for the following uses:
1. 
Public schools;
2. 
Public parks, playgrounds, golf courses, and other municipal recreation areas;
3. 
Public libraries and museums;
4. 
Police and fire stations, and any other public buildings which the Planning Commission finds to be for the health, safety, or general welfare of the community.
M. 
Required Showing for Conditional Use Permit. A conditional use permit may be granted if it would be consistent with the purpose and intent of this title and the general plan and would serve the public convenience and welfare.
N. 
Appeal from Revocation or Modification of Conditional Use Permit. An appeal may be taken to the Council from the action of the Commission in revoking or modifying any conditional use permit pursuant to subsection K of this section. The procedures followed by the City Council in such matters shall, in all respects, conform to the procedures established for the granting or denying of such conditional use permits and appeals in connection therewith.
(Prior code §§ 27-18.1—27-18.14; Ord. 21-1722 § 2)
When any lot or parcel in the R-1 or R-H zones contains a greater area than the required minimum area of the zone in which it is contained, then each complete unit of the required minimum area contained in such lot or parcel may be utilized as a separate building site; provided, however, that a plot plan showing the proposed number and location of buildings, each of which would be in compliance with the minimum area, height, yard and other. requirements of this title, shall first be filed with and approved by the Planning Commission. Before any plot plan is approved, a public hearing shall be held before the Planning Commission with notice given to the adjacent property owners and published in accordance with the provision of Section 17.02.050(A)(3) of the Norwalk Municipal Code. At the public hearing the Planning Commission shall determine that the utilization as a separate building site of a portion of a lot or parcel will not adversely affect the established character of the district and will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity; and that the approval of such plot plan will not adversely affect a general plan being prepared for the City or as adopted. No division of any such lot or parcel is permitted until and unless a parcel map has been filed and approved by the Planning Commission and all conditions of the parcel map have been complied with, or in the alternative, a subdivision map has been recorded as provided in the subdivision requirements as set forth in Title 16, and subject to the Subdivision Map Act as contained in the Government Code of the State.
This section is subject to the provisions of Section 17.02.210(G) regarding appeal.
(Prior code § 27-23.11; Ord. 21-1722 § 2)
A. 
Authority. The Planning Commission shall grant a sign use permit for such sign(s) as this section requires to be reviewed, provided such sign(s) will not adversely affect the public health, safety, and welfare, complies with the purpose and intent of Chapter 17.03, Article III, as stated in Section 17.03.090 and complies with the general plan, policies and criteria established by the Planning Commission and City Council. Such conditions may be imposed as are determined necessary and desirable to accomplish the purpose of this chapter.
B. 
Signs Requiring Sign Use Permits.
1. 
Advertising statuary;
2. 
Billboards;
3. 
On-site signs, other than those expressly permitted by Sections 17.03.110 through 17.03.140 inclusive regarding height, size, number, type and location;
4. 
Revolving signs;
5. 
Off-site subdivision tract signs;
6. 
Neighborhood or permanent tract signs;
7. 
Master Sign Plans. Additional limitations may be imposed restricting the height, area, number, color, location, and type of sign, than those specified in the particular zone, in order to provide expected unity and continuity and prevent unsightly clutter and disarray.
a. 
Signs shall be compatible with the design motif of buildings in the commercial or industrial center and shall incorporate common design elements such as materials, letter style, colors, illumination, type of sign, location and/or shape.
b. 
A master sign plan shall be filed by the property owner(s) or developer(s), and may specify a schedule for bringing existing signs within the center into compliance with a master sign plan.
C. 
Application and Hearing. In addition to application requirements specified in Section 17.03.100, the applicant shall submit a list of names and addresses of property owners and of tenants of commercial businesses located, within 100 foot radius of the subject property the property owners list to be obtained from current assessment rolls and the commercial tenant list from personal observation. Notification of the request and date of hearing shall be mailed to property owners and to commercial tenants at least 10 days prior to the hearing date.
D. 
Fees. Filing fees for sign use permits shall be as established by City Council.
(Prior code § 27-25.11; Ord. 21-1722 § 2)
A. 
Purpose. This section sets forth regulations for the establishment of Special Sign Districts in areas of the City containing multiple parcels that may be reasonably grouped, the unique characteristics of which can be enhanced by the imposition of special sign guidelines and standards designed to enhance the theme or unique qualities of a certain area, or which reinforce the identity of certain areas of the City to promote business and strengthen the City's tax base and to implement the General Plan.
B. 
Establishment of Special Sign Districts. The City Council, the Planning Commission or the Community Development Director may initiate consideration of a proposed Ordinance to establish a Special Sign District as set forth in Section 17.02.290 (Zone changes) of this title. Special Sign Districts shall be considered an overlay zone to modify the underlying zoning district with regards to signage regulations, specifically with regards to freestanding signs.
C. 
General Requirements. All signs displayed in a Special Sign District shall comply with the provisions of this chapter, except as set forth in this section.
D. 
Minimum Requirements.
1. 
Zoning. Shall only include parcels in Specific Plan Area 1, Specific Plan Area 16, mixed-use, commercial, institutional and public facility overlay zoning districts. Shall not include parcels in residential zoning districts.
2. 
Land Area. The minimum area shall be five acres.
3. 
Land Configuration. Shall include contiguous parcels of land, which may only be separated by a railroad or public street.
4. 
Anchor Business/Tenant. The Special Sign District shall be one or more of the following uses: vehicle sales and lease (general new and used), hotels and motels (with 100 or more rooms) or a retail tenant (with a minimum area of 10,000 square feet).
5. 
Development Standards. All development standards shall be determined at the time the Special Sign District is established and incorporated within the Special Sign District's Ordinance.
(Ord. 24-1748, 10/1/2024)
A. 
Procedures for Adoption of Text Amendments. Except as specifically supplemented herein, Chapters 3 and 4 of Division 1 of Title 7 of the California Government Code establish the procedure to be followed regarding amendments to this title.
B. 
Initiation of Text Amendments. Amendments to this title, for the purpose of imposing a regulation or modifying or removing any regulation imposed by this title (herein after referred to as a "text amendment") shall be initiated by one of the following methods:
1. 
Adoption of a resolution of intention by the City Council; or
2. 
Adoption of a resolution of intention by the Planning Commission.
C. 
Commission to Hold Hearings on Text Amendments—Notice. Upon the initiation of a text amendment in the manner prescribed in subsection B of this section, the Planning Commission shall promptly hold at least one public hearing thereon. Notice of such hearing shall be given in the manner prescribed in Section 17.02.050. Any such hearing may be continued from time to time.
D. 
Commission to Make Written Recommendation to City Council. Upon the conclusion of such hearing, the Planning Commission shall instruct the secretary of the Commission or his or her duly authorized deputy, to prepare and transmit to the City Council the written recommendation of the Commission upon the proposed zone change or text amendment, together with the staff report. Such recommendation shall include the reasons or findings of the Commission, constituting the basis for the recommendation, and shall be signed by the secretary of the Commission or his or her duly authorized deputy.
E. 
Notice of Commission's Decision. Within 10 calendar days from the date the Planning Commission renders its decision, the secretary of the Commission, or his or her duly authorized deputy, shall transmit such recommendation (together with the staff report) to the City Council by delivering same to the City Clerk, and shall forward a copy thereof to the applicant, if any. The applicant's copy of such recommendation shall be forwarded by mail to the address shown upon the application.
F. 
Effect of Planning Commission's Decision—Appeal. The decision of the Commission recommending approval of a text amendment or recommending the denial of a text amendment, shall be automatically reviewed by the City Council at a public hearing as hereinafter provided.
G. 
Transmission of Commission's File. Upon the filing of a written recommendation of the Commission, recommending adoption of a text amendment or recommending the denial of a text amendment to this title, or upon receipt of a written appeal filed with the City Clerk by the applicant, the secretary of the Commission, or his or her duly authorized deputy, shall transmit forthwith to the City Clerk the Commission's complete case file.
H. 
Hearing by the City Council. Following the receipt of either:
1. 
A written recommendation from the Commission recommending the adoption of a text amendment; or
2. 
A written recommendation from the Commission recommending against the adoption of a text amendment to this title, or
The City Clerk shall schedule a hearing as required by Government Code Section 65856, and the City Council shall conduct at least one public hearing on the matter. Notice of such hearing shall be given in the manner prescribed in Section 17.02.050. Any such, hearing may be continued from time to time.
I. 
Findings and Decision of Council. The City Council may approve, modify or disapprove the recommendation of the Planning Commission. Where the decision of the Council is to approve the recommendation of the Planning Commission, such decision may be rendered in the form of a motion, which motion may include the adoption of the reasons or findings of the Planning Commission. A decision of the City Council to modify or disapprove the recommendation of the Planning Commission shall be rendered in the form of a written resolution which shall recite, among other things, the reasons or findings which, in the opinion of the City Council, make the disapproval or modification of the Commission's recommendation necessary to carry out the general purposes and intents of this title.
J. 
Notice of Decision of City Council. Not later than the 10th day following the adoption of the findings and decision of the City Council, notice of such action shall be forwarded to the applicant, if any, and to the Commission. If the City Council shall adopt a decision which disapproves or modifies the recommendation of the Commission, then a copy of the resolution setting forth the City Council's findings and decision shall be referred to the Commission for further report and recommendation, but the Planning Commission shall not be required to hold a public hearing thereon. Failure of the Commission to report, in writing, to the City Council within 40 days after such referral, shall be deemed to constitute approval by the Commission.
K. 
Enactment of Zone Change or Text Amendment to Title. Upon adoption by the City Council of its findings and decision, a text amendment may be adopted as other ordinances are adopted, provided, however, that, where referral has been made to the Commission under subsection J of this section, no such ordinance shall be adopted within 40 days after such referral, or until the receipt of the report and recommendation of the Commission upon the referred findings and decision of the City Council, whichever period is shorter.
(Prior code §§ 27-21.1, 27-21.3, 27-21.4—27-21.12; Ord. 21-1722 § 2)
A. 
Planning Commission May Grant Variances. When practical difficulties, unnecessary hardships, or consequences inconsistent with the general purpose of this title would result from the strict and literal interpretation and enforcement of the provisions of this title, the Planning Commission shall have the authority, subject to the provisions of this section, to grant, upon such conditions as it may determine, such variance from the provisions of this title as may be in harmony with its general purpose and intent so that the spirit of this title shall be observed, public safety and welfare secured, and substantial justice done.
B. 
Limitation of Variance. No variance shall be granted which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone or which is contrary to the public interest.
C. 
Required Showing for Variance. Before any variance may be granted, it shall be shown:
1. 
That there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or classes of use in the same vicinity and zone;
2. 
That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question;
3. 
That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located; and
4. 
That the granting of such variance will not adversely affect a general plan of the City as contemplated by the Government Code of the State.
D. 
Notice and Hearing on Application for Variance. Upon the filing by the property owners, by a lessee having a written and acknowledged lease, or by a beneficial or equitable owner of an application for a variance, in accordance with the procedure and requirements set forth in Chapter 17.02, Article I, which application sets forth fully the grounds for and the facts claimed to justify the granting of a variance, the Planning Commission shall give public notice as provided in this title of the intention to consider at a public hearing the granting of a variance and shall hold at least one public hearing thereon.
E. 
Planning Commission to Make Report on Findings and Decision. No more than 40 calendar days following the closing of a public hearing on an application for a variance, the Planning Commission shall, unless it adopts a motion directing that another public hearing be held thereon, adopt its findings and final decision by formal report. This report shall recite, among other things, the facts and reasons which, in the Commission's opinion, make the granting or denial of a variance necessary to carry out the provisions and general purpose of this title, and shall order that a variance is thereby granted or denied; and, if such report orders that the variance is granted, it shall also recite such conditions and limitations as are imposed. Failure of the Commission to file its report within such period shall not constitute the granting or denial of a variance, and shall not affect the validity of a report issued after the expiration of such period.
F. 
Report of the Planning Commission. The formal report of the Planning Commission granting or denying an application for a variance shall be promptly filed, shall be numbered consecutively in the order of its filing, and shall become a permanent record in the file of the Commission.
G. 
Notice of Decision of the Planning Commission. Not later than three calendar days following the filing of a report granting or denying a variance, a copy of the report shall be delivered or mailed by certified or registered mail to the applicant or applicants, utilizing, in the case of mailing, any address shown on the application or other documents filed with the Planning Commission, and it shall be delivered or mailed by certified or registered mail to each member of the City Council, the City Administrator, the City Attorney, and each person who has filed with the Planning Commission or Planning Department a request for notice of decision in the particular case. A copy of such report shall be posted in a prominent place in the City Hall, designated for such purpose by the City Administrator, from not later than three days following until at least the 10th day following the filing of the report; but failure to so post any such notice shall not extend the time of becoming effective of any decision of the Planning Commission.
H. 
Decision of the Planning Commission—When Final—Appeal. The decision of the Planning Commission shall become final and effective 10 days after delivery or mailing of all of the notices required by subsection G of this section, unless, prior 5:00 p.m. of the 10th day, either of the following has occurred:
1. 
A written appeal has been filed with the City Clerk by an applicant or by a person specially aggrieved; or
2. 
The City Council elected to review the decision of the Planning Commission.
I. 
Appeal Procedure.
1. 
If an appeal in writing is filed with the Council as provided in subsection H of this section, or if the City Council elects on its own motion to review the action of the Planning Commission as provided in subsection H of this section, the complete record of the case shall be transmitted to the City Council.
2. 
The City Council shall hold one public hearing, notice of which shall be given in the manner prescribed by Sections 17.02.050 and 17.02.060, within 40 days of the filing of a written appeal or the adoption by the Council of a motion to review the action of the Planning Commission.
3. 
The City Council shall announce, within 40 days of the closing of the public hearing, its decision granting or denying a variance, by adoption of a resolution which shall set forth the reasons for its decision and shall indicate wherein such decision conforms to intents and purposes of this title. In such proceedings, no finding, decision, order, or stipulation or other action of the Planning Commission shall bind the City Council.
4. 
The action of the City Council shall be final.
5. 
Within 10 days following the adoption of the resolution by the City Council, one copy thereof shall be forwarded to the applicant or the appellant, or both, as the case may be, and one copy shall be transmitted to the Planning Commission for filing.
J. 
Time Interval for Reapplication for a Variance. A minimum time interval of one year is required between the final denial of a variance and the re-filing of a subsequent application that is the same or, substantially the same as that previously denied.
K. 
Expiration. Any variance shall be null and void:
1. 
If not exercised within the time specified in such variance or, if no date is specified, within one year from the date of approval of said variance;
2. 
If the condition for which a variance was granted has ceased to exist for a continuous period of one year or more; or
3. 
Upon revocation or rescission, as provided in this title.
L. 
Revocation. The Planning Commission may, after a public hearing, compliance being had with applicable requirements of Chapter 17.02, Article I, revoke or modify any variance on any one or more of the following grounds:
1. 
That the variance was obtained by fraud or misrepresentation;
2. 
That the variance granted is being, or within the recent past has been, exercised contrary to the terms or conditions of such approval or in violation of any statute, ordinance, law or regulation; or
3. 
That the condition permitted by the variance is being, or within the recent past has been, exercised so as to be detrimental to the public health or safety or as to constitute a nuisance.
M. 
Appeal From Revocation of Modification of Variance. An appeal may be taken to the City Council from the action of the Planning Commission in revoking or modifying any variance pursuant to subsection L of this section. The procedure followed by the Commission and the City Council in such matters shall in all respects conform to the procedure established for the granting or denying of such variances and appeals in connection therewith.
(Prior code §§ 27-17.1—27-17.13; Ord. 21-1722 § 2)
A. 
Procedures for Adoption of Zone Changes. Except as specifically supplemented herein, Chapters 3 and 4 of Division 1 of Title 7 of the California Government Code establish the procedure to be followed regarding amendments to this title.
B. 
Initiation of Zone Changes. Amendments to this title, for the purpose of changing or reclassifying any property from one zone to another (hereinafter referred to as a "zone change") shall be initiated by one of the following methods:
1. 
Adoption of a resolution of intention by the City Council; or
2. 
Adoption of a resolution of intention by the Planning Commission; or
3. 
Verified application to the Planning Commission by one or more owners of property proposed to be changed from one zone to another or by a prospective owner under a bona fide contract for purchase of such property, setting forth reasons of public necessity, convenience, health, safety or welfare requiring such zone change.
C. 
Commission to Hold Hearings on Zone Changes—Notice. Upon the initiation of a zone change in the manner prescribed in subsection B of this section, the Planning Commission shall promptly hold at least one public hearing thereon. Notice of such hearing shall be given in the manner prescribed in Section 17.02.050. Any such hearing may be continued from time to time.
D. 
Commission to Make Written Recommendation to City Council. Upon the conclusion of such hearing, the Planning Commission shall instruct the secretary of the Commission or his or her duly authorized deputy, to prepare and transmit to the City Council the written recommendation of the Commission upon the proposed zone change or text amendment, together with the staff report. Such recommendation shall include the reasons or findings of the Commission, constituting the basis for the recommendation, and shall be signed by the secretary of the Commission or his or her duly authorized deputy.
E. 
Notice of Commission's Decision. Within 10 calendar days from the date the Planning Commission renders its decision, the secretary of the Commission, or his or her duly authorized deputy, shall transmit such recommendation (together with the staff report) to the City Council by delivering same to the City Clerk, and shall forward a copy thereof to the applicant, if any. The applicant's copy of such recommendation shall be forwarded by mail to the address shown upon the application.
F. 
Effect of Planning Commission's Decision—Appeal.
1. 
The decision of the Commission recommending the denial of a proposed zone change shall be final and conclusive unless, within 10 calendar days after the Planning Commission transmits its recommendation to the City Clerk and City Council, the applicant files a written appeal with the City Clerk requesting a hearing before the City Council. The City Council may set aside the decision of the Commission recommending denial of a-proposed zone change at such time as the Commission's recommendation is presented to the City Council at any regular or special Council meeting.
2. 
The decision of the Commission recommending approval of a zone change shall be automatically reviewed by the City Council at a public hearing as hereinafter provided.
G. 
Transmission of Commission's File. Upon the filing of a written recommendation of the Commission, recommending adoption of a zone change, or upon receipt of a written appeal filed with the City Clerk by the applicant, the secretary of the Commission, or his or her duly authorized deputy, shall transmit forthwith to the City Clerk the Commission's complete case file.
H. 
Hearing by the City Council. Following the receipt of either:
1. 
A written recommendation from the Commission recommending the adoption of a zone; or
2. 
A written appeal from a decision of the Commission recommending denial of an application for a zone change; or
3. 
Instructions from the City Council directing that a public hearing be scheduled to review a decision of the Commission recommending denial of an application for a zone change.
The City Clerk shall schedule a hearing as required by Government Code Section 65856, and the City Council shall conduct at least one public hearing on the matter. Notice of such hearing shall be given in the manner prescribed in Section 17.02.050. Any such, hearing may be continued from time to time.
I. 
Findings and Decision of Council. The City Council may approve, modify or disapprove the recommendation of the Planning Commission. Where the decision of the City Council is to approve the recommendation of the Planning Commission, such decision may be rendered in the form of a motion, which motion may include the adoption of the reasons or findings of the Planning Commission. A decision of the City Council to modify or disapprove the recommendation of the Planning Commission shall be rendered in the form of a written resolution which shall recite, among other things, the reasons or findings which, in the opinion of the City Council, make the disapproval or modification of the Commission's recommendation necessary to carry out the general purposes and intents of this title.
J. 
Notice of Decision of City Council. Not later than the 10th day following the adoption of the findings and decision of the City Council, notice of such action shall be forwarded to the applicant, if any, and to the Commission. If the City Council shall adopt a decision which disapproves or modifies the recommendation of the Commission, then a copy of the resolution setting forth the City Council's findings and decision shall be referred to the Commission for further report and recommendation, but the Planning Commission shall not be required to hold a public hearing thereon. Failure of the Commission to report, in writing, to the City Council within 40 days after such referral, shall be deemed to constitute approval by the Commission.
K. 
Enactment of Zone Change. Upon adoption by the City Council of its findings and decision, a zone change may be adopted as other ordinances are adopted, provided, however, that, where referral has been made to the Commission under subsection J of this section, no such ordinance shall be adopted within 40 days after such referral, or until the receipt of the report and recommendation of the Commission upon the referred findings and decision of the City Council, whichever period is shorter.
L. 
Time Interval for Reapplication for Zone Change Denied by City Council. A minimum time interval of one year is required between the final denial of a zone change application and the acceptance of a subsequent application that is the same or substantially the same as that previously denied.
(Prior code §§ 27-21.1, 27-21.2, 27-21.4—27-21.13; Ord. 21-1722 § 2)
A. 
As set forth in Article IV of Chapter 17.04, the Reviewing Authority may grant a wireless telecommunications permit. In the granting of any wireless telecommunications permit, the Reviewing Authority may impose such conditions as it determines are necessary and reasonable to protect the best interests of the surrounding property or neighborhood and to ensure compliance with the general purpose and intent of this title and the general plan, and shall impose such conditions as are required by the provisions of this title.
B. 
Supplemental Application Requirements.
1. 
Purpose. This section sets forth the application submittal requirements for a wireless telecommunications facilities permit. The purpose of this section is to ensure that Article IV of Chapter 17.04 is implemented to the extent permitted by the Telecommunications Act of 1996.
2. 
The applicant shall provide the following supplemental information at the same time a wireless telecommunications facility permit application is submitted to the Director.
a. 
An accurate map that contains the proposed site and details existing wireless telecommunications facility locations owned and operated by the applicant within the City from the date of application submittal.
b. 
An engineering certification demonstrating planned compliance with all existing Federal radio frequency emissions standards, and providing technical data sufficient to justify the proposed height of the proposed wireless telecommunication facility.
c. 
An alternative configuration analysis, assessing the feasibility of alternative wireless telecommunications facility construction configurations—both at the proposed site and in the surrounding vicinity—which would result in a more visually compatible antenna(s). This analysis shall include an explanation of why other wireless telecommunications facility construction configurations were not selected.
d. 
A projection of the applicant's anticipated future wireless telecommunications facility siting needs within the City, which information may be used by the City as part of a master planning effort designed to ensure a more planned, integrated and organized approach to wireless telecommunications facility siting.
e. 
An identification of the geographic service area for the subject installation, including a map showing all of the applicant's existing sites in the local service network associated with the coverage gap the wireless telecommunications facility is meant to close, and describing how the coverage gap will be filled by the proposed installation.
f. 
An accurate visual impact analysis showing the maximum silhouette, viewshed analysis, color and finish palette and proposed screening for the wireless telecommunications facility. The analysis shall include photo simulations and other information as necessary to determine the visual impact of the wireless telecommunications facility. A map depicting where the photos were taken shall be included. The analysis shall include a written description of efforts to blend the wireless telecommunications facility with the surrounding area.
g. 
The height and diameter of the facility, together with evidence that demonstrates that the proposed wireless telecommunications facility has been designed to the minimum height and diameter required from a technological standpoint for the proposed site. If the facility will exceed the maximum permitted height limit, a discussion of the physical constraints (topographical features, etc.) making the additional height necessary shall be provided.
h. 
A description of the maintenance and monitoring program for the wireless telecommunications facility.
i. 
A written statement of the applicant's willingness to allow other carriers to collocate on the proposed wireless telecommunications facility wherever technically and economically feasible and aesthetically desirable.
j. 
A written description of any good faith efforts to collocate the proposed wireless telecommunications facility on another site or building, including map of the sites, engineering information and letters from the owners of the site describing why co-location would not be feasible.
k. 
A written description of all accessory wireless equipment for the wireless telecommunications facility. Describe the function of this ancillary equipment and the need to locate same on or near the wireless telecommunications facility.
l. 
An alternative site analysis, assessing the feasibility of alternative sites, including the potential for co-location, in the vicinity of the proposed site. If the proposed site is in a residential zone or in the public right-of-way, the alternative site analysis shall specifically include an evaluation of the availability and feasibility of potential alternative sites located outside those areas. The alternative site analysis shall include a map that shows other potential stand alone locations for the proposed wireless telecommunications facility that have been explored, and shall describe why the proposed location is superior to other potential locations.
m. 
Noise/acoustical information derived from the manufacturer's specifications for all equipment such as air conditioning units and back-up generators, and a depiction of the equipment location in relation to adjoining properties.
n. 
A conceptual landscape plan showing existing trees and all proposed landscaping, concealment, screening and proposed irrigation with a discussion of how the chosen material at maturity will screen the site.
o. 
The Director of Community Development or the Director of Public Services/City Engineer may require additional information related to topography, including slopes, contours and proposed grading.
p. 
Deposit for a third party peer review as set forth in subsection D of this section in an amount set by resolution by the City Council.
q. 
If the application is for a wireless telecommunication facility in the public right-of-way, the applicant is a telephone corporation and has been issued a certificate of public convenience and necessity issued by the California Public Utilities Commission.
r. 
Any other information determined necessary by the Director may be required.
C. 
Review of Application.
1. 
The Director of Community Development or the Director of Public Services/City Engineer may administratively review and approve an application for a wireless telecommunication facility permit if the facility complies with Article IV of Chapter 17.04 and as proposed is architecturally integrated with the existing development (i.e., building or structure) so as to be screened, camouflaged and visually nonobtrusive. Notwithstanding, the Director may at his or her discretion refer the wireless telecommunications facility permit to the Planning Commission for review.
2. 
The Planning Commission shall review applications not otherwise reviewed by the Director, including, but not limited to, applications in the public right-of-way or located in a residential zone.
D. 
Peer Review.
1. 
The Director of Community Development or the Director of Public Services/City Engineer is authorized to retain on behalf of the City an independent technical expert to peer review any application for a wireless telecommunications facility permit. The review is intended to be a review of technical aspects of the proposed wireless telecommunications facility and shall address all of the following:
a. 
Compliance with applicable radio frequency emission standards;
b. 
Whether any requested exception is necessary to close a significant gap in coverage and is the least intrusive means of doing so;
c. 
The accuracy and completeness of submissions;
d. 
Technical demonstration of the unavailability of alternative sites or configurations and/or coverage analysis;
e. 
The applicability of analysis techniques and methodologies;
f. 
The validity of conclusions reached; and
g. 
Any specific technical issues designated by the City.
The cost of this review shall be paid by the applicant through a deposit pursuant to an adopted fee schedule.
2. 
If a permittee proposes any modifications to any wireless telecommunications facility permit after said permit is granted, the permittee shall submit an application to the Planning Commission for consideration; provided, however, that the City and Planning Commission need not accept and/or process said application unless and until the permittee (a) demonstrates the existing wireless telecommunications facility's compliance with all applicable local requirements; and (b) certifies that the existing wireless telecommunications facility complies with all applicable State, and Federal requirements. In the case of collocations, minor structural modifications may be permitted if necessary to accommodate said co-located facility.
E. 
Notice and Hearing on Application for Wireless Telecommunications Permit. Upon the filing by the property owners or its authorized agent (if the agent provides written authority to the City that it is authorized to file the application such as a letter of authorization), of an application which sets forth fully the grounds for, and the facts claimed to justify the granting of a wireless telecommunications permit, the Planning Commission shall give public notice, as provided in this title, of the intention to consider at a public hearing the granting of such permit, and shall hold at least one public hearing thereon. In the case of an application reviewed by the Director, no public notice or hearing is required.
F. 
Report on Findings and Decision. Following the closing of a public hearing, if applicable, on an application for a wireless telecommunications permit, the Planning Commission shall, unless it adopts a motion directing that another public hearing be held thereon, adopt its findings by resolution. If the application is denied, the Planning Commission shall adopt a Resolution setting forth the findings for such denial based on substantial evidence contained in the administrative record. In the case of an application reviewed by the Director, the Director shall adopt its findings by report. The resolution or report shall recite, among other things, the facts and reasons which, in the Planning Commission or Director's opinion, make the granting or denial of a wireless telecommunications permit necessary to carry out the provisions and general purpose of this section and Article IV of Chapter 17.04, and shall order that a wireless telecommunications permit is thereby granted or denied; and, if such resolution or report orders that the permit be granted, it shall also recite such conditions and limitations as are imposed.
G. 
Resolution or Report. The resolution of the Planning Commission, or in the case of an application reviewed by the Director of Community Development, the report of the Director of Community Development, granting or denying any application for a wireless telecommunications permit, shall be promptly filed, shall be numbered consecutively in the order of its filing, and shall become a permanent record in the file of the Community Development Department.
H. 
Notice of Decision. Not later than three calendar days following the filing of a resolution or report granting or denying a wireless telecommunications permit, a copy of the resolution or report shall be delivered or mailed by certified or registered mail to the applicant or applicants, utilizing, in the case of mailing, any address shown on the application or other documents filed with the Community Development Department. Notice of the action granting or denying a wireless telecommunications permit shall be delivered or mailed to each member of the City Council, the City Manager, the City Attorney, and each person who has filed with the department a request for notice of decision in the particular case. A copy of such report shall be posted in a prominent place in the City Hall, designated for such purpose by the City Manager, from not later than, three days following until at least the 10th day following the filing of the resolution or report, but failure to so post any such notice shall not extend the time of becoming effective of any decision of the Commission or Director.
I. 
Decision When Final—Appeal. The decision of the Planning Commission or Director shall become final and effective 10 calendar days after delivery or mailing of all of the notices required by Section 17.02.295(E) unless prior to 5:00 p.m. of the 10th day, either of the following has occurred:
1. 
A written appeal has been filed with the City Clerk by an applicant or by a person specially aggrieved; or
2. 
The City Council elects to review the decision of the Commission.
J. 
Appeals Procedure.
1. 
If an appeal in writing is filed with the City Clerk as provided in Section 17.02.295(F)(1) or if the City Council elects on its own motion to review the action of the Planning Commission as provided in Section 17.02.295(F)(2), the complete record of the case shall be transmitted to the City Council. In the case of a decision by the Director of Community Development, the complete record of the case shall be transmitted to the Planning Commission.
2. 
The City Council shall hold one public hearing notice of which shall be given in the manner prescribed by Sections 17.02.050 and 17.02.060, within 40 days of the filing of a written appeal or the adoption by the Council of a motion to review the action of the Commission. In the case of an appeal to the Planning Commission, the Planning Commission shall hold one public hearing notice of which shall be given in the manner prescribed by Sections 17.02.050 and 17.02.060, within 40 days of the filing of a written appeal.
3. 
The reviewing body shall announce, within 40 days of the closing of the public hearing, its decision granting or denying a wireless telecommunications permit by adoption of a resolution, which shall set forth the reasons for its decision and shall indicate wherein such decision conforms to the intent and purpose of this section and Article IV of Chapter 17.04. In such proceedings, no finding, decision, order, stipulation or other action of the Commission shall bind the City Council.
4. 
The action of the City Council shall be final. The action of the Planning Commission may be appealed to the City Council pursuant to the provisions of this section.
5. 
Within 10 calendar days following the adoption of the resolution, one copy thereof shall be forwarded to the applicant or the appellant or both, as the case may be, and one copy shall be transmitted to the Commission for filing.
K. 
Time Interval for Re-application for a Wireless Telecommunications Facility Permit. No permit application which has been denied in whole or in part shall be filed again within six months from the date of such denial except upon proof of changed conditions or by permission of the Director.
L. 
Expiration. Any wireless telecommunications permit shall be null and void:
1. 
If not exercised within the time specified in such wireless telecommunications permit or, if no date is specified, within one year from the date of approval of the wireless telecommunications permit;
2. 
Upon revocation as provided herein.
M. 
Revocation. The Planning Commission may, after a hearing, compliance being had with applicable requirements of Chapter 17.02, Article I, revoke, modify or suspend any wireless telecommunications permit on any one or more of the following grounds:
1. 
That the wireless telecommunications permit was obtained by fraud or misrepresentation;
2. 
That the wireless telecommunications permit granted is being, or within the recent past has been, exercised contrary to the terms or conditions of such approval or in violation of any statute, ordinance, law or regulation; or
3. 
That the use permitted by the wireless telecommunications permit is being, or within the recent past has been, exercised so as to be detrimental to the public health or safety or as to constitute a nuisance.
4. 
Failure to comply with any condition of approval or the standards in Article IV of Chapter 17.04. In the event of termination pursuant to this section, the permittee shall remove its wireless telecommunications facility at its own expense and shall repair and restore all property affected by the placement, maintenance, and removal of the wireless telecommunications facility to a condition satisfactory to the Director.
N. 
Findings. A wireless telecommunications facility permit may be granted only if the following findings are made by the reviewing authority.
1. 
The proposed wireless telecommunications facility has been designed to achieve compatibility with the community to the maximum extent reasonably feasible;
2. 
An alternative configuration will not increase community compatibility or is not reasonably feasible;
3. 
Alternative locations on the site will not increase community compatibility or are not reasonably feasible;
4. 
The location of the wireless telecommunications facility on alternative sites will not increase community compatibility or is not reasonably feasible;
5. 
The proposed facility is necessary to close a significant gap in coverage and is the least intrusive means of doing so;
6. 
The applicant has submitted a statement of its willingness to allow other carriers to collocate on the proposed wireless telecommunications facility wherever technically and economically feasible and where co-location would not harm community compatibility;
7. 
Noise generated by equipment will not be excessive, annoying nor be detrimental to the public health, safety, and welfare; and
8. 
In the case of a wireless telecommunications facility in the public right-of-way, the applicant is a telephone corporation and has been issued a certificate of public convenience and necessity issued by the California Public Utilities Commission, which expressly states the applicant's authority to provide the telecommunications service the applicant proposes to provide through the wireless telecommunications facility, which is the subject of the application.
O. 
Appeal from Revocation or Modification of Wireless Telecommunications Permit. An appeal may be taken to the Council from the action of the Commission in revoking or modifying any wireless telecommunications permit pursuant to this section. The procedures followed by the Council in such matters shall, in all respects, conform to the procedures established for the granting or denying of such wireless telecommunications permits and appeals in connection therewith.
P. 
Unless otherwise required by California Government Code section 65964(b), and as that section may be hereafter amended, all wireless telecommunication permits shall have a duration of no longer than 10 years. In accordance with requirements established by the Director, at the expiration of the time period set forth herein, the applicant may apply for an extension of the permit for a term of five years with an optional additional five-year term. Such extensions shall be subject to the discretion of the Planning Commission who shall take account of at least the following factors: conformance with all conditions of approval of the permit as it was originally issued, operation of the facility in its intended manner, and conformance with all applicable laws, regulations, standards and updates thereof such as radio frequency emissions standards.
(Ord. 10-1632 § 1; Ord. 21-1722 § 2)