A. 
Permit Review Procedures. This chapter provides procedures for the final review, and approval or disapproval of the land use permit applications established by this title.
B. 
Subdivision Review Procedures. Procedures and standards for the review and approval of subdivision maps are found in the town's subdivision ordinance.
C. 
Application Filing and Initial Processing. Where applicable, the procedures of this chapter are carried out after those described in Chapter 13.60, for each application.
(Ord. 205 § 1 (Exh. A), 2003; Ord. 299, 11/12/2024)
A. 
Purpose. Zoning clearance is the procedure used by the town to verify that a proposed structure or land use complies with the permitted list of activities allowed in the applicable zoning district, and the development standards applicable to the use.
B. 
Applicability. Where Division 2 or other provision of this title requires a zoning clearance as a prerequisite to establishing a land use, the zoning clearance shall be required at the time of department review of any building, grading, or other construction permit, or other authorization required by this title for the proposed use.
C. 
Review and Approval. The director shall issue the zoning clearance after determining that the request complies with all provisions of this title applicable to the proposed use. An approval may be in the form of a stamp, town staff signature, or other official notation on approved plans, a letter to the applicant, or other certification, at the discretion of the director.
(Ord. 205 § 1 (Exh. A), 2003; Ord. 299, 11/12/2024)
A. 
Purpose. This section establishes procedures for the granting of ministerial limited-term permits for short-term activities.
B. 
Applicability. A limited-term permit allows the short-term activities listed in subsection E, that may not comply with the normal development or use standards of the applicable zoning district, but may otherwise be acceptable because of their temporary nature.
C. 
Review Authority. Limited-term permits may be approved or disapproved by the director, in compliance with this section.
D. 
Exempt Temporary Activities. The following temporary activities are allowed without the necessity of obtaining a limited-term permit. Temporary activities that do not fall within the following categories shall comply with subsection E.
1. 
Construction Yards—On-Site. On-site contractors' construction yards, for an approved construction project. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the building permit authorizing the construction project, whichever occurs first.
2. 
Emergency Facilities. Emergency public health and safety needs/activities.
3. 
Garage Sales. Garage sales, not to exceed three per year, and two consecutive days.
4. 
Public Property, or Public Right-of-Way. Activities conducted on public property that are approved by the council or as otherwise required by the municipal code.
5. 
Use of an RV or Travel Trailer for Temporary Lodging. The overnight occupancy of a recreational vehicle or travel trailer in a residential zoning district by houseguests, not to exceed two weeks in any twelve-month period.
6. 
Fund-Raising Car Washes. Fund-raising car washes on property within a commercial, industrial zone, or on institutional property.
7. 
Events on Sites Approved for Public Assembly. An event on the site or within a religious facility, school, golf course, theater, or other similar facility designed, and approved by the town for public assembly.
8. 
Temporary Work Trailers. A trailer or mobile home used as a temporary work site for employees of a business, provided that:
a. 
The use is authorized by a building permit for the trailer, and the building permit for the permanent structure;
b. 
The use is appropriate because:
i. 
The trailer or mobile home will be in place during construction or remodeling of a permanent commercial or manufacturing structure for a maximum of one year, or upon expiration of the building permit for the permanent structure, whichever first occurs; or
ii. 
The applicant has demonstrated that the temporary work site is a short-term necessity for a maximum of one year, while a permanent work site is being obtained; and
c. 
The trailer is removed prior to final building inspection or the issuance of a certificate of occupancy for the permanent structure.
E. 
Allowed Temporary Uses. A limited term permit may authorize the following temporary activities within the specified time limits, but in no event for more than twelve months. Other temporary or short-term activities that do not fall within the categories defined below shall instead comply with the land use permit requirements and development standards that otherwise apply to the property.
1. 
Events. Arts and crafts exhibits, carnivals, circuses, concerts, fairs, farmer's markets, festivals, flea markets, food events, outdoor entertainment/sporting events, rodeos, rummage sales, second hand sales, and swap meets for up to seven consecutive days, or six three-day weekends, within a twelve-month period, allowed only on nonresidential properties.
2. 
Location Filming. The temporary use of a specific site for the location filming of commercials, movies, videos, etc., for the time specified by the director, but not to exceed twelve months.
3. 
Model Homes. A model home or model home complex may be authorized prior to the completion of subdivision improvements in compliance with the following standards.
a. 
A paved, off-street parking lot with two space per model home unit, handicapped parking in compliance with Section 13.36.060, and landscaping shall be provided. The review authority may allow the use of on-street parking in lieu of a parking lot where it is demonstrated that two spaces per model home can be accommodated immediately in front of the model home complex; no parking spaces will be located in front of an occupied residence; and handicapped accessibility to the sales office in compliance with Section 13.36.060 will be maintained.
b. 
Individual utility connections shall be provided to each model home.
c. 
The sales office, any arbor not in compliance with applicable setback requirements, and any off-street parking shall be converted back to residential use and/or removed prior to the issuance of the final occupancy permit or within fourteen days from the sale of the last lot in the subdivision, whichever occurs first.
d. 
Landscape and irrigation plans shall be reviewed as part of the limited term permit, and all model home complex landscaping shall comply with the town's water efficient landscape requirements. No irrigation shall cross a property line.
e. 
The model home complex shall be used to sell only units within the subdivision within which the complex is located.
f. 
If a temporary sales trailer is used, the trailer shall be:
i. 
Accessible to the handicapped;
ii. 
Equipped with a screening skirt around the base;
iii. 
In compliance with applicable building code requirements for restroom facilities for a workplace with employees; and
iv. 
Removed within seven days of the issuance of the temporary final for the model homes.
g. 
The subdivision developer and house building must be the same.
h. 
The subdivision final map shall be recorded.
i. 
The installation of underground improvements in front of the model homes shall be completed.
j. 
The subdivision grading shall be completed.
k. 
The water system shall be completed, and in service so that fire hydrants are accessible, and a fire response plan must be completed and submitted.
l. 
All weather access for fire equipment shall be provided and maintained to the satisfaction of the fire department.
m. 
Model home sign permits will be issued only after all subdivision improvements are completed and accepted by the town.
n. 
Model home permits will be finaled and the model homes will be allowed to be open to the public only after all subdivision improvements are completed and accepted by the town.
o. 
The review authority may require other conditions of approval deemed necessary to protect the public health, safety, and general welfare of persons residing or working in the neighborhood.
4. 
Seasonal Sales Lots. Seasonal sales activities (e.g., Halloween, Thanksgiving, Christmas, etc.) including temporary residence/security trailers, on nonresidential properties, for up to thirty-five days.
5. 
Temporary Real Estate Sales Offices. A temporary real estate sales office may be established within the area of an approved development project, solely for the first sale of homes. An application for a temporary real estate office may be approved for a maximum of one year from the date of approval.
6. 
Temporary Residence. A mobile home as a temporary residence of the property owner when a valid building permit for a new single-family dwelling is in force. The permit may be approved for up to one year, or upon expiration of the building permit, whichever occurs first. The use of a mobile home as a temporary residence in cases of personal hardship is subject to Section 13.42.170.
7. 
Temporary Structures. A temporary classroom, office, or similar structure, including a manufactured or mobile unit, may be approved for a maximum of one year from the date of approval, as an accessory use or as the first phase of a development project.
8. 
Similar Temporary Activities. A temporary activity that the director determines is similar to the other activities listed in this subsection, and compatible with the applicable zoning district and surrounding land uses.
F. 
Development Standards. The director shall establish the following standards based on the type of temporary use, using the requirements of the applicable zoning district and Divisions 3 and 4 for guidance:
1. 
Access, floor areas, heights, landscaping, off-street parking, setbacks, signs, utilities, and other structure and property development improvements and features;
2. 
Measures for removal of the activity and site restoration, to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this title; and
3. 
Limitation on the duration of approved "temporary structures," to a maximum of one year, so that they shall not become permanent or long-term structures.
G. 
Application Filing and Processing. An application for a limited-term permit shall be filed and processed in compliance with Chapter 13.60. It is the responsibility of the applicant to establish evidence in support of the findings required by subsection F.
H. 
Project Review, Notice and Hearing. Each application shall be reviewed by the director to ensure that the proposal complies with all applicable requirements of this title.
1. 
Public Notice. Prior to a decision on a limited term permit, the town shall provide notice of a public hearing in compliance with Chapter 13.78. The notice shall state that the director will decide whether to approve or disapprove the limited term permit application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person prior to the specified date for the decision.
2. 
Hearing. When a hearing is requested, notice of the hearing shall be provided in compliance with Chapter 13.78, and the director shall conduct the public hearing prior to a decision on the application in compliance with Chapter 13.78.
I. 
Findings and Decision. A limited-term permit may be approved by the director only after the director first finds that the requested activity complies with applicable standards, and therefore the establishment, maintenance, or operation of the temporary activity would not be detrimental to the public health, safety, or welfare of persons residing or working in the neighborhood of the proposed activity.
J. 
Post Approval Procedures. The procedures and requirements in Chapter 13.64, and those related to appeals and revocation in Division 7, shall apply following the decision on a limited-term permit application.
1. 
Condition of the Site Following Temporary Activity. Each site occupied by a temporary activity shall be cleaned of debris, litter, or other evidence of the temporary activity on completion or removal of the activity, and shall thereafter be used in compliance with the provisions of this title. A bond may be required before initiation of the activity to ensure cleanup after the activity is finished.
2. 
Performance Security for Temporary Structures. Prior to issuance of a limited-term permit the applicant shall provide performance security in a form and amount acceptable to the director to guarantee removal of all temporary structures within thirty days following the expiration of the limited-term permit.
(Ord. 205 § 1 (Exh. A), 2003; Ord. 299, 11/12/2024)
A. 
Purpose. Design review is intended to ensure that the design of proposed development and new land uses assists in maintaining and enhancing the small-town, historic, and rural character of the community. Therefore, the purposes of these procedures and requirements are to:
1. 
Recognize the interdependence of land values and aesthetics and encourage the orderly and harmonious appearance of development within the community;
2. 
Ensure that new uses and structures enhance their sites and are compatible with the highest standards of improvement in the surrounding neighborhoods;
3. 
Retain and strengthen the visual quality and attractive character of the community;
4. 
Assist project developers in understanding the town's concerns for the aesthetics of development, and
5. 
Ensure that development complies with all applicable town standards and guidelines, and does not adversely affect community health, safety, aesthetics, or natural resources.
B. 
Applicability. Design review approval shall be required for the following:
1. 
All proposed nonresidential development and new land uses, and for multifamily housing projects per Section 13.42.250.
2. 
All proposed mixed-use projects per Section 13.42.140.
3. 
The construction of two or more single-family dwellings by the same developer on adjacent parcels within the downtown area, and/or within a new subdivision of five or more parcels.
4. 
Any exterior additions and facade changes to these projects, except existing single-family dwellings.
Design review shall be required in addition to all other land use permit or approval requirements of this title, and the municipal code.
C. 
Review Authority. Design review shall be conducted by the commission for any project that requires the approval of a use permit, variance, or master development plan, and by the director for any project that requires a minor use permit, minor variance, zoning clearance, or subdivision approval for five or more parcels.
D. 
Application Filing and Processing. An application shall be prepared, filed, and processed in compliance with Chapter 13.60. It is the responsibility of the applicant to provide evidence in support of the findings required by subsection F.
E. 
Project Review and Findings. The applicable review authority shall evaluate each proposed project to ensure that the project:
1. 
Complies with this section;
2. 
Provides architectural design, building massing and scale appropriate to and compatible with the site surroundings and the community;
3. 
Provides attractive and desirable site layout and design, including, but not limited to, building arrangement, exterior appearance and setbacks, drainage, fences and walls, grading, landscaping, lighting, signs, etc.;
4. 
Provides efficient and safe public access, circulation and parking;
5. 
Provides appropriate open space and landscaping, including the use of water efficient landscaping;
6. 
Is consistent with the general plan; and
7. 
Complies with any applicable design guidelines and/or adopted design review policies.
F. 
Decision. The review authority shall approve or disapprove an application for design review approval concurrently with the approval or disapproval of any other land use permit (i.e., master development plan, use permit, minor use permit, variance or minor variance, zoning clearance) required for the project, if the design review application is filed with the town at the same time. Design review approval shall require that the review authority first find that the project, as proposed or with changes resulting from the review process and/or conditions of approval, will comply with all project review criteria in subsection E.
G. 
Conditions of Approval. The review authority may require any reasonable conditions of approval to ensure that the project will comply with the findings required by subsection F.
H. 
Post Approval Procedures. The procedures and requirements in Chapter 13.64, and those related to appeals and revocation in Division 7, shall apply following the decision on an application for design review.
I. 
Exceptions. The design review process shall not apply to projects performing an Urban Lot Split, as defined in Section 13.80.020.
(Ord. 205 § 1 (Exh. A), 2003; Ord. 299, 11/12/2024)
A. 
Purpose. A use permit or minor use permit provides a process for reviewing uses and activities that may be appropriate in the applicable zoning district, but whose effects on site and surroundings cannot be determined before being proposed for a specific site.
B. 
Applicability. A use permit or minor use permit is required to authorize proposed land uses identified by Division 2 as being allowable in the applicable zoning district subject to the approval of a use permit or minor use permit.
C. 
Review Authority. Use permits shall be approved or disapproved by the commission; minor use permits shall be approved or disapproved by the director, provided that the director may choose to refer any minor use permit application to the commission for hearing and decision. A minor use permit application shall be determined exempt from the California Environmental Quality Act (CEQA) in compliance with state law and the town's CEQA Guidelines or it shall be processed as a use permit.
D. 
Application Filing and Processing. An application for a use permit or minor use permit shall be completed, filed and processed in compliance with Chapter 13.60. It is the responsibility of the applicant to provide evidence in support of the findings required by subsection F.
E. 
Project Review, Notice and Hearing. Each application shall be reviewed by the director to ensure that the proposal complies with all applicable requirements of this title.
1. 
Use Permit. The commission shall conduct a public hearing on an application for a use permit prior to a decision on the application. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 13.78.
2. 
Minor Use Permit. Prior to a decision on a minor use permit, the town shall provide notice of a public hearing in compliance with Chapter 13.78.
a. 
Public Notice. The notice shall state that the director will decide whether to approve or disapprove the minor use permit application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person prior to the specified date for the decision.
b. 
Hearing. When a hearing is requested, notice of the hearing shall be provided in compliance with Chapter 13.78, and the director shall conduct the public hearing prior to a decision on the application in compliance with Chapter 13.78.
F. 
Findings and Decision. The review authority may approve or disapprove an application for use permit or minor use permit approval. The review authority shall record the decision and the findings on which the decision is based. The review authority may approve a use permit or minor use permit only after first finding all of the following:
1. 
The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this title and the municipal code;
2. 
The proposed use is consistent with the general plan and any applicable specific plan;
3. 
The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and future land uses in the vicinity;
4. 
The site is physically suitable for the type, density and intensity of use being proposed, including access, utilities, and the absence of physical constraints; and
5. 
Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located.
G. 
Conditions of Approval. In approving a use permit or minor use permit, the review authority may impose any reasonable conditions (e.g., the placement, height, nature and extent of the use; buffers, landscaping and maintenance, off-site improvements, performance guarantees, screening, surfacing, time limits, etc.), including conditions which establish standards for development that are more restrictive than the applicable requirements of this title, to ensure that the approval will comply with the findings required by subsection F.
H. 
Post Approval Procedures. The procedures and requirements in Chapter 13.64, and those related to appeals and revocation in Division 7, shall apply following the decision on an application for use permit or minor use permit approval.
(Ord. 205 § 1 (Exh. A), 2003; Ord. 299, 11/12/2024)
A. 
Purpose. This section allows variances from the development standards of this title only when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other physical conditions, the strict application of the standards denies the property owner privileges enjoyed by other property owners in the vicinity and in the same zoning district.
B. 
Applicability. A variance may be granted to waive or modify any requirement of this title except: allowed land uses; residential density; specific prohibitions (for example, prohibited signs), or procedural requirements.
C. 
Review Authority. A variance application shall be reviewed, and approved or disapproved by the commission, except that the director may grant a minor variance to reduce any of the following requirements of this title up to a maximum of twenty-five percent.
1. 
Distance between structures;
2. 
Parcel dimensions (not area);
3. 
Setbacks;
4. 
Structure height;
5. 
On-site parking, loading, and landscaping; or
6. 
Sign regulations (other than prohibited signs).
The director may choose to refer any minor variance application to the commission for hearing and decision.
D. 
Application Filing and Processing. An application shall be filed in compliance with Chapter 13.60. It is the responsibility of the applicant to provide evidence in support of the findings, as required by subsection F.
E. 
Project Review, Notice and Hearing. Each application shall be reviewed by the director to ensure that the proposal complies with this section, and all other applicable requirements of this title.
1. 
Variance. The commission shall conduct a public hearing on an application for a variance prior to a decision. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 13.78.
2. 
Minor Variance. Prior to a decision on a minor variance, the town shall provide notice of a public hearing in compliance with Chapter 13.78. The notice shall state that the director will decide whether to approve or disapprove the minor variance application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person prior to the specified date for the decision. When a hearing is requested, notice of the hearing shall be provided in compliance with Chapter 13.78, and the director shall conduct the public hearing prior to a decision on the application in compliance with Chapter 13.78.
F. 
Findings and Decision. The review authority may approve a variance or minor variance, with or without conditions, only after first making all of the following findings, as applicable.
1. 
General Findings.
a. 
There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this title denies the property owner privileges enjoyed by other property owners in the vicinity and within the same zoning district;
b. 
Granting the variance is necessary for the preservation and enjoyment of substantial property rights enjoyed by other property owners in the same vicinity and zoning district and denied to the property owner for which the variance is sought; and
c. 
The variance is consistent with the general plan and any applicable specific plan.
2. 
Findings for Off-Street Parking Variances. For a nonresidential development project proposing to locate a portion of the required parking at an off-site location, or provide in-lieu fees or facilities instead of the required on-site parking spaces, the review authority shall first make both of the following findings, as required by Government Code Section 65906.5, instead of those required by subsection (D)(1) above.
a. 
The variance would be an incentive to, and a benefit for, the subject nonresidential development; and
b. 
The variance would facilitate access to the subject nonresidential development by patrons of public transit facilities.
3. 
Finding for Reasonable Accommodation. The review authority may also grant a variance to the site planning or development standards of this title in compliance with this section, based on the finding that the variance is necessary to accomplish a reasonable accommodation of the needs of a disabled person in compliance with the Americans with Disabilities Act (ADA).
G. 
Conditions of Approval. In approving a variance, the review authority:
1. 
Shall impose conditions to ensure that the variance does not grant special privileges inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is located; and
2. 
May impose any reasonable conditions (e.g., the placement, height, nature and extent of the use; buffers, landscaping and maintenance, off-site improvements, performance guarantees, screening, surfacing, etc.) to ensure that the approval complies with the findings required by subsection F.
H. 
Post Approval Procedures. The procedures and requirements in Chapter 13.64, and those related to appeals and revocation in Division 7, shall apply following the decision on an application for a variance or minor variance.
(Ord. 205 § 1 (Exh. A), 2003; Ord. 299, 11/12/2024)
A. 
Purpose. Where required by the applicable zoning district, a master development plan provides a process for the review of initial parcel development in relation to surrounding sites in the same district, on parcels where sensitive site characteristics, general plan policies, complex and/or multi-use projects, require comprehensive review by the town, including planning commission input, and a decision by the council.
B. 
Applicability. A master development plan is required to authorize proposed land uses identified by Division 2 as being allowable in the applicable zoning district subject to the approval of a master development plan.
C. 
Review Authority. A master development plan shall be approved or disapproved by the council after review and a recommendation by the commission.
D. 
Application Filing and Processing. An application for a master development plan shall be completed, filed and processed in compliance with Chapter 13.60, and any requirements of the applicable zoning district. It is the responsibility of the applicant to provide evidence in support of the findings required by subsection F.
E. 
Project Review, Notice and Hearing. Each application shall be reviewed by the director to ensure that the proposal complies with all applicable requirements of this title.
1. 
Notice and Hearings. The commission and council shall each conduct at least one public hearing regarding a proposed master development plan. Notice of the hearings shall be given in compliance with Chapter 13.78.
2. 
Commission Recommendation. After a public hearing, the commission shall forward a written recommendation, and reasons for the recommendation, to the council whether to approve, approve in modified form, or disapprove the proposed master development plan, based on the findings in subsection F.
3. 
Council Decision. Upon receipt of the commission's recommendation and after a public hearing, the council shall approve, approve in modified form, or disapprove the proposed master development plan based on the findings in subsection F.
F. 
Findings and Decision. The review authority may recommend or approve a master development plan only after first finding all of the following:
1. 
Each proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this title and the municipal code;
2. 
Each proposed use is consistent with the general plan and any applicable specific plan;
3. 
The master development plan provides an effective and efficient circulation system for all property covered by the plan, with roadway capacities appropriate to the volume of traffic to be generated by each proposed use;
4. 
The arrangement of proposed land uses on the site and the design of proposed structures will ensure compatibility between the proposed uses in terms of their traffic generation characteristics, parking and loading requirements, scale, hours of operation, and other external effects;
5. 
The design, location, size, and operating characteristics of the uses and structures proposed on the site are and will be compatible with the existing and future land uses in the vicinity;
6. 
The site is physically suitable for the type, density and intensity of use being proposed, including access, utilities, and the absence of physical constraints; and
7. 
Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located.
G. 
Conditions of Approval. In approving a master development plan, the review authority may impose any reasonable conditions (e.g., the placement, height, nature and extent of the use; buffers, landscaping and maintenance, off-site improvements, performance guarantees, screening, surfacing, time limits, etc.) to ensure that the approval will comply with the findings required by subsection F.
H. 
Post Approval Procedures. The procedures and requirements in Chapter 13.64, and those related to appeals and revocation in Division 7, shall apply following the decision on an application for master development plan approval.
(Ord. 205 § 1 (Exh. A), 2003; Ord. 299, 11/12/2024)