Except as otherwise provided in this chapter, the City Manager, City Clerk, Planning Director, or other designated public official shall administer and enforce the provisions of this chapter.
(§ 15, Ord. 299, eff. December 11, 1985; § 9, Ord. 384, eff. October 18, 1996)
No structure or accessory structure for which A Building Permit is required by the Building Code shall be erected or altered until a permit therefor has been issued by the Building Inspector or other person designated by the Council. All applications and fees for such permits shall be in accordance with the requirements of this chapter and other laws, and no Building Permit shall be issued for any building where the construction, addition, or alteration would violate the provisions of this chapter or other laws.
(§ 15, Ord. 299, eff. December 11, 1985)
Each application for a zoning or site development permit shall be made by the owner of the property, or an authorized agent, to the Planning Director on a form furnished for that purpose. To ensure the compliance with the provisions of this chapter, such application shall be accompanied by the following, unless the Planning Director finds them unnecessary.
(a) 
A plot plan drawn by a civil engineer or licensed land surveyor in the number of copies required by the Planning Director showing:
(1) 
The location of all property lines, dimensions of the lot, and any portions of the lot to be dedicated.
(2) 
The location of existing and proposed development area as defined in Section 10-1.202, Development area.
(3) 
The location of all existing and proposed streets, roadways, driveways, easements, and other rights-of-way.
(4) 
The natural and existing topographic contours of the site in dashed lines and the proposed contours in solid lines. Contour intervals shall be not less than two feet where slopes are predominately 5% or less than five feet where slopes are predominately steeper than 5%. Ninety percent of all contours shall be accurate within one-half contour interval, and all contours shall be accurate within one contour interval. The source of topographical information shall be indicated. The civil engineer shall present slope calculations and shall certify as to the accuracy of the existing and proposed contour lines.
(5) 
The location of all wells, drainage channels, and the location of intermittent and permanent springs, culverts, and other drainage structures.
(6) 
Calculations regarding the total volume of cut and fill resulting from proposed grading operations.
(7) 
The area of the subject lot in gross and net acreage, and the foundation type for any existing or proposed building. Each lot shall contain a circle having a diameter of 160 feet inscribed totally within its net area.
(8) 
Architectural elevations showing all sides of structures and other angles as necessary to demonstrate conformance with height limitations.
(9) 
Location, dimension, and character of all existing and proposed easements.
(10) 
County Environmental Health approval for all lots using private septic tank.
(b) 
The following information as required by the Planning Director:
(1) 
The details of any proposed drainage, structures, cribbing, terraces, and/or surface protection, not including vegetative cover, required as a result of grading and required for the support of adjoining property.
(2) 
Grading specifications.
(3) 
Profiles.
(4) 
Drainage calculations.
(5) 
Soils data, including a report from a registered soils engineer and/or an engineering geologist.
(6) 
A statement of the estimated starting and completion dates for the grading work proposed and any landscape work which may be required.
(7) 
An erosion control plan to keep dirt and sedimentation on the site during construction.
(8) 
Detailed Landscape Plans. The plans shall show the location and size at maturity of all plants proposed to meet requirements of the purposes of this chapter and landscaping materials and shall include elevations in sufficient detail for the Site Development Authority to evaluate the adequacy of proposed landscaping in meeting the requirements of this article. The Site Development Authority may require that landscaping plans be prepared by a landscape architect licensed by the California Board of Landscape Architects.
The Planning Director shall maintain for public distribution a set of policy and administrative guidelines, approved by the City Council, to be followed by all applicants in meeting the landscape requirement of the Town.
(9) 
Plans and elevations showing existing landscaping, including the location of trees larger than 20 inches in circumference as measured at four feet above the ground.
(10) 
A statement by a licensed landscape architect or nursery operator regarding the length of time after planting for special maintenance normally required to produce the specified percentage of plan coverage on the slopes in the slope control areas, and the additional length of time, without any special maintenance, normally required to produce a coverage of permanent planting which will control erosion.
(11) 
Details of all items and features pertaining to site preservation and improvements, such as retaining walls and tree wells, and details not shown on other plans accompanying the application.
(12) 
The location of all stakes and monuments which indicate property boundaries.
(c) 
Such other information as shall be required by the Site Development Authority.
(d) 
For lots created prior to 1973 that are presently vacant, or where an increase in floor area of 25% or more is proposed for any existing structures, the following information shall also be required. The Site Development Authority may waive any of these requirements if evidence is provided indicating they are unnecessary. In addition, the following items may be required for applications where an increase of less than 25% floor area is proposed, if such items are deemed necessary.
On the map:
(1) 
The name and copy of any recorded map applicable to the building site.
(2) 
Date of preparation of the map, north arrow, scale and contour interval, all located in the lower right-hand corner of the map.
(3) 
Assessor's Parcel Number for the lot.
(4) 
A single eight and one-half (8.5) inch by 11 inch clear transparency of the Site Development Map.
(§ 15, Ord. 299, eff. December 11, 1985; § 4, Ord. 305, eff. October 3, 1986; § 10, Ord. 384, eff. October 18, 1996)
Within 30 days of receipt of a site development application or a permit application that are reviewed and considered pursuant to the procedures set forth in this chapter, the Community Development Director or designee shall determine whether the application is complete pursuant to the State Permit Streamlining Act and the Town's Application Checklist maintained by the Community Development Department. The Community Development Director or designee may retain the services of engineering geologists, soils engineers, foresters, landscape architects, or the City Attorney to advise in the review of site development applications. The costs of such services shall be borne by the applicant.
Upon receipt of a site development application, the Community Development Director or designee shall also refer such application for review to the appropriate staff and to one or more of the following Town Standing Committees: the Pathways Committee, the Open Space Committee, the History Committee, and Environmental Design and Protection Committee, as determined applicable by the Director, to provide their written comments and recommendations on the application.
The respective committees shall review and provide comments and recommendation during a noticed public meeting and shall complete such review within one meeting for each committee which shall occur no later than within 30 days from an application being determined complete by the Community Development Director pursuant to the Town's Application Checklist maintained by the Community Development Department. Notwithstanding any provisions set forth in City Council Resolution No. 90-22, review by the applicable Standing Committee shall be limited to the following: the application's conformance with applicable standards, policies, regulations, and requirements under General Plan, Municipal Code, Council-adopted policies and guidelines, and specific Objective Design Standards adopted by the Town.
(§ 15, Ord. 299, eff. December 11, 1985; § 11, Ord. 384, eff. October 18, 1996; Ord. 613, eff. 12/21/2024)
(a) 
The Community Development Director shall consider all site development applications for projects meeting the criteria outlined in Section 10-2.301(a). The Community Development Director may issue a permit with such reasonable conditions as he or she may deem necessary to achieve the purposes of this chapter, may refer the application for hearing before the Community Development Director or the Planning Commission, or may disapprove the application for site development.
(b) 
The Community Development Director shall consider all site development applications for projects meeting the definitions in Section 10-2.301(b) pursuant to a noticed hearing. The Community Development Director may issue a permit with such reasonable conditions as the Community Development Director deems necessary to achieve the purposes of this chapter, may refer the application to the Planning Commission, or may disapprove the application for site development.
Notice of the time and place of the hearing shall be posted in at least three public posting places and posted on the property adjacent to a public street or adjacent to any access road or way to the property not having public frontage. Notices of such hearings shall also be served by United States mail to the owner of the subject property, or the owner's authorized representative, to the project applicant and to each property owner whose property is within 300 feet of the exterior boundary of the property, using addresses from the latest equalized assessment roll. In lieu of using the assessment roll, the Town may require these addresses to be obtained from records of the County Assessor or Tax Collector which contain more recent information than the assessment roll. All required names and addresses shall be provided by the applicant or his or her representative at the time the site development permit application is filed. Such posting and mailing shall be completed at least 10 days prior to the date of the hearing. The notice shall state the purpose of the application, the time and place of the hearing, and a statement that all written and oral statements will be considered by the Community Development Director.
In addition to evidence presented at the hearing, the Community Development Director shall consider the recommendations of staff members and of the Pathways Committee, the Open Space Committee, the History Committee, and the Environmental Design and Protection Committee, as applicable and provided pursuant to Section 10-2.1304 in making a determination regarding the proposed project.
(c) 
The Planning Commission shall review all site development applications for projects meeting the definitions in Section 10-2.301(c). The Commission may issue a permit with such reasonable conditions as it deems necessary to achieve the purposes of this chapter or the Planning Commission may disapprove the application for site development.
No permit for site development shall be granted by the Commission without a hearing having first been held thereon. Notice of the time and place of the hearing shall be posted in at least three public posting places and posted on the property adjacent to a public street or from any access road or way to property not having public frontage. Notices of such hearings shall also be served by United States mail to the owner of the subject property, or the owner's authorized representative, to the project applicant and to each property owner whose property is within 500 feet of the exterior boundary of the property, using addresses from the latest equalized assessment roll. In lieu of using the assessment roll, the Town may require these addresses to be obtained from records of the County Assessor or Tax Collector which contain more recent information than the assessment roll. All required names and addresses shall be provided by the applicant or his or her representative at the time the site development permit application is filed. Such posting and mailing shall be completed at least 10 days prior to the date of the hearing.
The notice shall state the purpose of the application, the time and place of the hearing thereon, and a statement that all written and oral statements will be considered by the Planning Commission.
(d) 
Approval. The Site Development Authority shall not approve a permit for any project which does not conform with the provisions of this chapter.
(e) 
The Site Development Authority shall limit its review of site development applications to elements of the proposed development which are specifically addressed by provisions in the Town's General Plan, Site Development and Zoning Codes, and Town policies adopted by the Council. Specific design and architectural features, including, but not limited to, architectural style, chimneys, window treatment and skylights, shall not be considered or altered by the Site Development Authority.
(f) 
Upon any required reduction in height, floor area, or development area below the maximum allowed by the Town's Zoning Code, or upon any required increase in setbacks in excess of the minimum required by the Town's Zoning Code, the Site Development Authority must make both of the following findings:
(1) 
Because of exceptional or extraordinary circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the proposed development would be injurious to adjacent property and/or the general public; and
(2) 
There are no other reasonable means to mitigate the expected impacts of the proposed development such as:
(i) 
Landscape mitigation,
(ii) 
Repositioning of the proposed structure or structures, and/or
(iii) 
Lowering the profile of the proposed structure or structures through grading.
(§ 15, Ord. 299, eff. December 11, 1985; § 3, Ord. 351, eff. May 15, 1992; §§ 12, 13, Ord. 384, eff. October 18, 1996; § 1, Ord. 400, eff. July 31, 1999; § 1, Ord. 522, eff. December 18, 2010; Ord. 613, eff. 12/21/2024)
(a) 
The Planning Director may fast-track any site development application for a project specified for Planning Commission review under Section 10-2.1305(c), subject to the Planning Director's determination that:
(1) 
The project conforms to the Town's General Plan, Zoning and Site Development Codes, Town policies adopted by the Council and subdivision conditions, where applicable; and
(2) 
The project would not require approval of a variance or a conditional development permit; and
(3) 
There is no substantive neighborhood opposition to the project ("substantive" is not based on the number of neighbors objecting); however, new residences that score 14 or fewer points on the Town's Fast Track Guide for New Residences (Fast Track Guide) checklist and meet the other requirements of subsection (a) of this section, shall be eligible for the fast track process, regardless of neighborhood opposition; and
(4) 
The applicant agrees in writing to accept all of the proposed conditions of approval.
(b) 
The fast-track review process shall consist of the following:
(1) 
A complete application shall be filed pursuant to the provisions of Section 10-2.1303 and shall be reviewed pursuant to Section 10-2.1304. Plans shall be referred for review to the appropriate staff and to the Pathways Committee, the Open Space Committee, History Committee, and the Environmental Design and Protection Committee, in accordance with Section 10-2.1304.
(2) 
For a new residence project, the Community Development Director or designee shall determine the project's eligibility for the fast-track process using the Fast Track Guide checklist. Only projects that score 14 points or less shall be eligible for the fast track process. The Fast Track Guide checklist, or a project's conformance with the
Fast Track Guide checklist, shall not provide the basis for the Site Development Authority's approval, conditional approval, or disapproval of a project.
(3) 
Upon the Community Development Director's determination that the application is complete, the applicant shall install story poles at the site to represent an outline of the size and height of the proposed project.
(4) 
Upon installation of the story poles to the satisfaction of the Community Development Director, notice of a site development hearing shall be mailed to all owners of property located within 500 feet from the subject property, pursuant to the notice provisions of Section 10-2.1305(c) and to members of the Planning Commission.
(5) 
The Community Development Director shall set a site development hearing for the proposed project to be held not sooner than 10 days after notice is mailed. The hearing shall take place at the date and time specified in the notice, but the Director shall make every effort to accommodate the schedules of all interested parties, including continuing the day and/or time of the meeting if necessary.
(6) 
Environmental Design and Protection Committee, Open Space Committee, Pathways Committee, and History Committee representatives may participate in the site development hearing and shall receive notice of the hearing on the same date that notice is mailed to property owners.
(7) 
An interim staff report shall be prepared at least five days prior to the hearing, and be available for public review, outlining the project characteristics (floor area, development area, height, setbacks, materials, etc.) and its compliance with the Town's General Plan, Zoning and Site Development Codes, Town policies, and subdivision conditions, where applicable.
(8) 
The hearing shall be conducted by the Community Development Director, and no other person may preside over the hearing unless so authorized by action of the City Council.
(9) 
The Community Development Director shall approve the project if the Director determines that the project complies with the Town's General Plan, Zoning and Site Development Codes, Town policies and subdivision conditions, if applicable.
(10) 
A final staff report shall be prepared to supplement the interim staff report with discussion of any issues raised by neighbors, committee representatives, staff, or the applicant, and to include the final conditions of approval and the applicant's signed agreement to those conditions. If opposition to the project exists, that opposition shall be noted in the final staff report along with the Community Development Director's assessment of whether the opposition is supported by facts or relevant information.
(11) 
Written notice of the Community Development Director's decision shall be provided to the applicant, all property owners notified of the site development hearing, and any other parties attending or providing written comments at the hearing, and to the Planning Commission, a minimum of 10 days prior to the end of the appeal period.
(12) 
The City Council may review the Community Development Director's decision in accordance with the process contained in Section 10-1.1010, with transmittal of the final staff report and notice of the decision by the City Clerk to Council to occur pursuant to such process.
(13) 
Any interested party may appeal the Community Development Director's decision to the Planning Commission by filing a written notice of appeal with the City Clerk within 21 days of the Community Development Director's decision prior to its expiration pursuant to subsection (b)(14) below. A nonrefundable filing fee and deposit for services shall accompany each appeal, except that any member of the City Council or any two members of the Planning Commission may file such an appeal without payment of a fee. The appeal shall be considered at a public hearing in accordance with the provisions of Section 101.1005. A public hearing shall be set no later than 45 days after the date of the filing of the notice of appeal, unless time is waived by the appellant or project applicant.
(14) 
If no appeal is made, the decision of the Community Development Director shall become final at 4:00 p.m. on the 21st day following the action.
(c) 
The Planning Director shall submit an application for a project to the Planning Commission if the Director determines that:
(1) 
The project does not conform to the Town's General Plan, Zoning and Site Development Codes, Town policies adopted by the Council and subdivision conditions, where applicable; or
(2) 
The project is a new residence project that scores 15 points or greater on the Fast Track Guide checklist; or
(3) 
The project would require approval of a variance or conditional development permit; or
(4) 
There is substantive neighborhood opposition to the project ("substantive" is not based on the number of neighbors objecting); however, new residences that score 14 or fewer points on the Town's Fast Track Guide for New Residences (Fast Track Guide) checklist and meet the other requirements of subsection (a) of this section, shall be eligible for the fast track process, regardless of neighborhood opposition; or
(5) 
The applicant does not agree to accept all of the proposed conditions of approval in writing; or
(6) 
The project presents unique planning issues that need greater discussion.
(d) 
The Planning Director's determination to fast-track or submit a project to the Planning Commission is final.
(e) 
The City Council and no individual Councilmember(s) shall attempt to influence the Planning Director's determination of whether to fast-track or submit a project to the Planning Commission.
(f) 
Councilmember(s) shall not appeal a fast-track project on the basis that the applicant objects to one or more condition(s) of approval.
(§ 2, Ord. 400, eff. July 31, 1999; § 2, Ord. 448, eff. June 25, 2006; § 1, Ord. 522, eff. December 18, 2010; § 2, Ord. 592, eff. April 17, 2021; Ord. 613, eff. 12/21/2024)
Where the Planning Director finds that the application includes unusual or complex conditions, including, but not limited to, significant amounts of soil to be moved, topography, drainage, or unstable soil conditions, the Planning Director may refer the application to the Planning Commission. When the Planning Director refers an application to the Planning Commission, the following procedures shall be followed:
(a) 
Reports, Hearings, Notices. The Planning Director shall prepare a report on the application with a recommendation to the Planning Commission. The Planning Commission shall hold a hearing on the application for the proposed site development permit, and before holding such hearing, shall send notices to the same persons and in the manner prescribed in Section 10-2.1305(b) and (c).
(b) 
Approval or Disapproval. Upon completion of the hearing and after the consideration of the recommendations of the Planning Director, the Planning Commission shall approve the application with such reasonable conditions as it may deem necessary to achieve the objectives of this chapter or disapprove the application for the site development.
(c) 
Automatic Approval. Failure of the Planning Commission to make a determination upon the approval, conditional approval, or disapproval of the application for a site development permit within 60 days after the motion for referral shall constitute an approval of the application, unless such time is extended with the consent of the applicant.
(§ 15, Ord. 299, eff. December 11, 1985; § 14, Ord. 384, eff. October 18, 1996)
Upon the approval of a site development permit application, the stamp of approval of the Site Development Authority shall be placed on the approved plot plan. All conditions of the approval shall also be placed on each copy of the approved plot plan. One copy shall be given to the applicant, and one copy shall be retained in the records of the Town. The site development permit shall consist of an approved plan as approved by the Site Development Authority which provides the approved activity(ies), and any conditions imposed by the Site Development Authority.
(§ 15, Ord. 299, eff. December 11, 1985)
(a) 
Stop Work Order. The Planning Director or designee is authorized to issue a stop work order upon detection of any violation of this chapter. The stop work order shall be on a form approved by the Planning Director and shall be posted in a conspicuous place on the project site. All work specified in the order shall cease immediately upon posting of the stop work order, except that the Planning Director or designee may authorize additional work necessary to prevent any imminent health or safety threat from the incomplete project.
(b) 
Revocation Authority. The Planning Commission shall revoke or suspend the site development or zoning permit if the person holding the permit: violates the terms of the permit, or conducts or carries on site development in such a manner as to materially affect the health, safety or welfare of persons residing or working in the neighborhood of the property of the permittee; or conducts or carries on site development so that it is materially detrimental to the public welfare or injurious to property or improvements in the neighborhood.
(c) 
Hearings—Notices. No site development or zoning permit shall be permanently revoked or suspended until a hearing is held by the Planning Commission. A written notice of such hearing shall be served upon the permittee, either personally or by registered mail, and shall state:
(1) 
The grounds for the complaint or the reasons for the revocation or suspension.
(2) 
The time when and the place where such hearing shall be held.
Such notice shall be served by registered mail or personal service on the permittee at least five days prior to the date set for the hearing.
(d) 
Hearings—Determinations. At any such hearing, the permittee shall be given an opportunity to be heard, and may call witnesses and present evidence on his or her behalf. Upon the conclusion of the hearing, the Planning Commission shall determine whether the permit shall be suspended or revoked. In the event the determination is to suspend or revoke the permit, the permittee may appeal the decision to the Council as set forth in Section 10-1.1009.
(§ 15, Ord. 299, eff. December 11, 1985; § 15, Ord. 384, eff. October 18, 1996)
Every site development and zoning permit shall expire by limitation and become null and void if the work authorized by such permit has not been commenced within one calendar year or has not been completed within two years from the date of its issuance. When zoning and site development permits are issued for the same project, the date of expiration of the zoning permit shall be the same date as that of the site development permit. The Planning Director or designee may, if the permittee presents satisfactory evidence that unusual difficulties have prevented work being started or completed within the specified time limits, grant a reasonable extension of time if a written application is made before the expiration date of the permit. The City Council may grant a reasonable extension of time if a written application is made after the expiration date of the permit.
(§ 15, Ord. 299, eff. December 11, 1985; § 5, Ord. 305, eff. October 3, 1986; § 16, Ord. 384, eff. October 18, 1996)
The Planning Commission may recommend and the Council may adopt in accordance with the provisions of this chapter and in amplification thereof such regulations and procedures as may be deemed desirable for the Town. Such regulations and procedures shall be typed or printed and kept on file with the City Clerk in the Town Hall and be available for the use of any interested party at any time during the office hours of the City Clerk.
(§ 15, Ord. 299, eff. December 11, 1985)
(a) 
Authorized. The Planning Director or designee shall make the inspections as necessary to ensure compliance with the provisions of this chapter. Where it is found by inspection that conditions are not substantially as stated or shown in the application for the site development permit, or when pathways and other easements are in jeopardy, the Planning Director, City Engineer, or designee may stop further work until approval is obtained for a revised permit conforming to the existing conditions.
(b) 
Maintenance of Plans and Permits. The plans which were approved for site development and zoning, bearing the stamp of approval of the Site Development Authority shall be maintained at the site during the progress of the work.
(§ 15, Ord. 299, eff. December 11, 1985; § 17, Ord. 384, eff. October 18, 1996)
The effective date, the filing of appeals and the City Council review of actions for zoning permits and site development permits shall be set and conducted in accordance with the provisions in Sections 10-1.1008, 10-1.1009 and 10-1.1010.
(§ 15, Ord. 299, eff. December 11, 1985: § 4, Ord. 339, eff. November 3, 1990; § 4, Ord. 348, eff. August 16, 1992; § 7, Ord. 372, eff. August 19, 1994; §§ 18, 19; Ord. 384, eff. October 18, 1996; §§ 2, 3, Ord. 404, eff. December 4, 1999; § 3, Ord. 448, eff. June 25, 2006; § 2, Ord. 592, eff. April 17, 2021)
(a) 
There shall be paid for each site development and zoning permit a nonrefundable filing fee and deposit, the amount of which shall be fixed by Council resolution.
(b) 
The Planning Director or Planning Commission may require fees, including in lieu payment, for the storm drainage assessment fund, road improvements, and pathway improvements for every lot created prior to January 1, 1973. Such amount will be as established by resolution of the City Council.
(§ 15, Ord. 299, eff. December 11, 1985; § 7, Ord. 381, eff. April 19, 1996; § 20, Ord. 384, eff. October 18, 1996)
The applicant may be required by the City Engineer to file with the City Clerk a faithful performance bond or other improvement security satisfactory to the City Attorney in an amount deemed sufficient by the City Engineer to cover all the costs of improvements as required by the provisions of this chapter: landscaping, the maintenance of landscaping for such periods as specified by the Site Development Authority, engineering, inspection fees, and incidental expenses.
(§ 15, Ord. 299, eff. December 11, 1985)
Failure of the Site Development Authority to discover violations of this chapter or to deny the site development or zoning permit shall not relieve the permittee of responsibility for the condition or damages resulting therefrom, and shall not result in the Town, or its officers or agents, being responsible for the conditions or damages resulting therefrom.
(§ 15, Ord. 299, eff. December 11, 1985)
(a) 
Sales of Topsoil: Quarrying. The provisions of this chapter shall not be construed as permitting the removal of topsoil solely for resale or permitting quarrying of any nature within the Town.
(b) 
Maintenance of Nuisances. The provisions of this chapter shall not be construed as authorizing any person to maintain a private or public nuisance upon his or her property, and compliance with the provisions of this chapter shall not be a defense in any action to abate such nuisance.
(§ 15, Ord. 299. eff. December 11, 1985)
(a) 
Penalties. Any person violating any of the provisions of this chapter or of any permit issued pursuant to the provisions of this chapter shall be deemed guilty of misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $500 or imprisonment for a period not exceeding six months, or both.
(b) 
Fees. In each case in which work for which a permit is required by the provisions of this chapter is started without obtaining such permit, the fee for such permit thereafter granted shall be 10 times the normal fee for such permit.
(§ 15, Ord. 299, eff. December 11, 1985)