A. Purpose.
This section establishes the roles and responsibilities of those empowered
and directed to provide application and permit review, render decisions,
issue permits, and hear appeals for matters subject to this title.
Any application made in conflict with the provisions of the LGMC,
state law, or federal law shall be denied.
B. Employees.
All departments, officials, and public employees of the city empowered
with the duty or authority to issue permits shall conform to the provisions
of this title and shall not issue a permit for uses, structures, or
purposes in conflict with the provisions of this title, state law,
or federal law.
C. Development
Services Director. The development services director shall hear and
decide applications for the various reviews and permits according
to the procedures set forth in this title, and shall also perform
such other duties as may be prescribed by ordinance, resolution, or
direction of the city council.
D. City
Council. The city council shall hear and decide applications for the
various reviews and permits according to the procedures set forth
in this title. The city council shall also act as an appellate body,
hearing any appeals from the decisions of the development services
director.
E. City
Council. The city council shall establish rules and regulations for
the administration of this title. The city council shall hear and
decide applications for the various reviews and permits according
to the procedures set forth in this title. The city council shall
also act as an appellate body, hearing any appeals from the decisions
of the development services director. The decisions of the city council
shall be final in all actions or appeals concerning this title.
F. As
the body that establishes the rules and regulations under this title,
the city council may, on its own motion, interpret the scope and meaning
of any provision under this title, including the applicability of
any provision to a particular person or property. The city council
may request the advice on any interpretation from the development
services director or any other advisory body it has formed, or chooses
to form, for this purpose.
(Ord. 386 § 3, 2009; Ord. 426 § 1, 2014; Ord. 434 § 5, 2015)
A. Purpose.
This section establishes procedures for submitting and processing
applications for proposed uses, structures, and/or improvements of real property, and related matters subject
to this title; authorize the city to establish, modify, and collect
fees, and set time limits for processing.
1. Definitions.
Italicized words and terms found in this chapter are defined in Chapter
17.08.
2. Interpretation.
In interpreting and applying the provisions of this title, uses, structures, and/or improvements shall
be held to be the minimum requirements adopted for the promotion of
the public health, safety, and general welfare.
3. Conflicts.
Except as specifically provided, this title is not intended to impair
or interfere with any previously issued permits or approvals relating
to matters subject to this title. This title is not intended to interfere
with, abrogate, or annul any easement, covenant,
or other agreement between parties, provided that in cases in which
this title imposes a greater restriction than is imposed or required
by existing provisions of law or ordinance or by such easements, covenants, or agreements, the provisions of this title shall control.
B. Initiation.
A proposed action may be initiated by application
of the property owner, owner's agent, or another interested party,
by the city council.
C. Pre-Application
Conference. Prior to submission of an application package for a complicated or multi-faceted project, an
applicant may request an unofficial conference with city staff to
review the proposed project. Staff will evaluate
the project in light of applicable city regulations,
indicate possible concerns, identify required information, and note
probable environmental impacts and possible mitigation requirements.
Nothing in this conference shall be construed as actual or implied
approval of any aspect of the proposed project.
D. Application
Submittal. Prior to submitting
application packages for permits or other approvals, the applicant shall obtain a zoning clearance according to Section
17.28.070. Thereafter,
application
packages shall be submitted to the development services department upon a prescribed form, accompanied by applicable fees according to subsection
(D)(1), and related materials necessary to show that the proposed
use, structures, and/or
improvements of the property comply with applicable provisions of this
code, state law, federal law and the requirements and conditions
of any associated permit. Each application filed by, or on behalf
of, one or more property owners shall be verified by at least one
such owner or the owner's authorized agent attesting to the truth
and correctness of all facts, statements, and information presented.
1. Fees.
The city council shall establish and modify, by resolution, a schedule
of fees and deposits for matters subject to this title. All applicable
fees and deposits shall be paid in full prior to processing any application,
appeal, or other matter for which a fee is required.
Applicable fees and/or deposits may be waived for charitable,
youth or nonprofit organization activities upon approval by the city
manager.
No fee shall be refundable except in any case where the development
services director determines and certifies any such fee or portion
thereof has been received in error, in which case the amount of money
received in error shall be refunded to the proper party. Refunds will
be processed in the same manner as other demands against the city.
2. Concurrent
Processing. Applicants with more than one application related to the
same project may have all applications processed
simultaneously.
E. Time
Limits.
1. Staff
Review. Upon initial submittal, application packages shall be distributed to applicable departments for review. No more
than thirty days following the date of initial submittal, application packages shall be deemed complete or incomplete with a request for more information. Once the requested
information is received, the thirty day staff review cycle restarts.
No action shall be taken on applications not yet deemed complete.
2. Deemed
Complete Applications. Once
deemed complete, applications then progress, in accordance with specific permit regulations in this title, to notices according to subsection
F, to public hearing according to subsection
G, then to
decisions according to subsection
H.
F. Notices.
The notice shall state the purpose of the notice, a
project description, and an explanation of the permit process, and be given by a date certain to affected parties according to subsections
(F)(1),
(2) and
(3), as appropriate.
1. Public
Hearings. Notices for public hearings shall also state the time, place,
and purpose of the public hearing and shall be given by publication
at least ten
days prior to the public hearing. Notices
to affected property owners shall be given at least ten
days prior to the public hearing according to subsection
(F)(2).
2. Affected
Property Owners. The notice shall be mailed to all real property owners
within five hundred feet or the maximum distance separation requirement
for a regulated use where applicable, whichever is
greater, of all exterior boundaries of the subject property at least
ten days prior to the decision.
Notices shall be mailed using the names and addresses of the owners
as shown on the latest equalized assessment roll in the office of
the county assessor. Where the address of such owner is not shown
on such assessment roll, failure to send notice by mail to such property
owner shall not invalidate any proceedings in connection with such
action. In the event that the number of owners to whom notice would
be sent according to this subsection is greater than one thousand,
then notices may, instead, be given by placing a display advertisement
of at least one-eighth page in a newspaper having general circulation
within the affected area.
In addition, temporary on-site sign(s) along the properties'
street frontage(s) and legible from across the street on pedestrian
pathways shall be posted on the property at least ten days prior to
the public hearing and until certificate of occupancy is granted for
the proposed land use, but not to exceed a period
of one year. The signs shall be a minimum of six feet high, six feet
wide, and not to exceed seventy-two square feet total for two sides
or thirty-six square feet for one side. Such sign shall include the
permit numbers, property location and APN number, a site plan and
description of the project, project name, and the applicant's name,
address and telephone number to the satisfaction of the development
services director. Signs shall be maintained in good condition at
all times.
3. California
Environmental Quality Act (CEQA) and State Law. Notices shall be made
according to
Government Code Sections 65090 through 65091, as amended.
Processing time frames will apply unless extended environmental review
is required by state law or this
code.
G. Public
Hearings. A public hearing is the opportunity for the
advisory
body, the
hearing body, or the
appellate
body to obtain public testimony or comments prior to making
a
decision. The public hearing shall be conducted in accordance with this chapter and Section
2.14.090 of this
code. Public hearings may be continued to another time without
requiring further public notice, so long as the future time and place
are announced before adjournment of the hearing.
1. Scheduling.
Public hearings of the city council shall be subject to the rules
regarding the placing of matters on its agenda, respectively. Subject
to state planning and environmental laws, public hearings shall not
be held earlier than ten or later than sixty
days following submission of an appeal application or a
deemed
complete application according to subsection
(E)(2). The time limit specified in this subsection may be extended by mutual consent of the applicant and the development services director; however, in no case shall this time period exceed one hundred eighty
days.
2. Notice. Notices of public hearings shall be given according to subsection
(F)(1).
3. Outcome.
At the close of the public hearing, the advisory body may recommend approval, conditions, limitations, or denial; while
the hearing body or the appellate body may make a decision. The hearing body may impose such conditions or limitations as it deems necessary
to serve the general purpose and intent of this title. The matter
may also be referred back to the lower body for further consideration
or action. The appellate body may sustain, modify,
deny or reverse, wholly or in part, any decision by
a lower body. The decision may also be referred back
to the lower body for further consideration or action.
H. Decisions
and Effective Date of Decisions. Development services director
decisions are made within thirty
days of
applications being
deemed complete. City council
and city council
decisions are made within twenty
days of the close of the public hearing.
Decisions shall become effective ten
days following the
decision date, unless an appeal has been filed according to subsection
K.
Unless otherwise stated in the approval or permit, or in the
conditions of approval, approvals and permits shall run with the land
and shall continue to be valid upon a change of ownership of the site or structure.
1. Conditions
of Approval. The development services director, the city council may
attach such conditions as deemed necessary to ensure compliance with
this code.
2. Response
to Referral. Where an application, appeal or other matter is referred
to a lower body for further consideration, a response to that referral
shall be submitted to the applicant and the referring body within
forty days following said referral.
I. Appeals.
Any applicant or other interested person who is dissatisfied with
the denial, approval, conditional approval, or other application decision
made in the administration of this title may appeal the decision.
Decisions made by the development services director are appealed to
the city council. Decisions made by the city council are final.
Appeal applications, accompanied by the filing fee, shall be filed within ten days following the date a decision is made, on forms provided by the development services department. Appeals of development services director decisions shall be submitted to the city clerk. Appeals will be heard at a public hearing that has been noticed according to subsection
F and conducted according to subsection
G. Failure of the appellate body to make a decision according to subsection
H shall be deemed in agreement with the previous decision.
All rights of appeal are exhausted when the proceedings set
forth herein have been completed. An applicant shall not apply for
the same or similar use affecting all or part of the property within
twelve months of the effective date of the decision of denial, or
as otherwise specified at the time of the decision of denial.
The total length of an appeal hearing may be one hour. The appellant
shall be allowed at least as much time to present its case as is allowed
the city.
J. Expirations.
Applications, approvals and permits issued according to this title
will expire in accordance with the following:
1. Application
Expiration. Unless there has been
substantial activity toward submitting a
deemed complete application package according to subsection
D, such
application package shall expire after a continuous twelve-month period of inactivity.
Thereafter, the applicant may submit a new
application package according to subsection
D.
2. Approval
and Permit Expiration.
a. Any temporary use permit expires at the conclusion
of the permitted use.
b. Other approvals or permits subject to this title shall expire:
i. Twelve months from the effective date of the decision, unless construction and/or use in reliance has commenced or as otherwise stated in the conditions
of approval; or
ii. If the use for which it was issued is discontinued
for a continuous period of twelve months.
K. Time Extensions. At any time prior to the expiration of approvals or permits subject to this title, the permittee for such approval or permit may file a written request for an extension of time. The development services director may grant an initial extension of the term of the permit. The city council shall consider all subsequent requests for time extensions, according to subsection
(F)(2), and if:
1. The
form and intensity of the project for which the approval
or permit was issued have not been significantly altered, and
2. The
conditions or circumstances which supported the findings of fact required
for the original approval or permit have not changed and appear unlikely
to change within the period of the proposed extension of time.
L. Substantial
Conformance Review. Any
project submittal made subsequent to obtaining a use permit authorized by this title shall be in substantial conformance with that use permit. At the request of the owner, or in the event that submittals or field conditions are found to not be in conformance, a substantial conformance review application, accompanied by the filing fee, shall be filed and processed according to subsection
D. If the
project is found to not be in substantial conformance, the applicant may request a modification of the use permit according to subsection
M.
M. Permit
Modifications. Permit modification applications, accompanied by the
filing fee, may be filed at any time prior to the initial expiration
date of the
project's use permit. Applications shall be processed according to subsection
D.
N. Revocation
of Approvals and Permits. Any structures and/or improvements constructed, erected, altered, moved, or maintained
contrary to a use permit and/or other provisions
of this title, and any use of any land or structure established, conducted, or maintained contrary
to an approval, permit and/or other provisions of this title, shall
be declared to be unlawful and a public nuisance.
1. Procedure.
The development services director shall immediately commence action
or proceedings for the
abatement of a violation of this title, according to Chapter
1.24. If the owner, operator or other responsible entity fails or refuses to abate any public
nuisance according to subsection
N, the development services director may schedule a public hearing, according to subsection
G, to consider the following actions:
a. Requiring whatever assurance deemed appropriate to guarantee that
such violation will be corrected in a timely manner and will not occur
again;
b. Imposing additional conditions or limitations affecting the physical
design of the property or its use;
c. Revoking any approvals or permits subject to this title, according to the appeals provisions of subsection
K.
In the event the development services director refers an enforcement
matter to the city council, the city attorney shall, upon order of
the city council, immediately apply to such courts as may have jurisdiction
to grant such relief as will abate and remove such building or structure and restrain and enjoin any person
from erecting, maintaining, or using any property contrary to the
provisions of this title.
O. Early
Separation Findings. Separation findings required as a part of any
permit described in this chapter may be made early, prior to application
materials being submitted and prior to a decision by the development
services director, planning commission and/or city council with a
minor use permit application for the sole purpose of finding that
the application meets or does not meet the required separation requirements.
Land uses or land use applications initiated after the filing of an
early separation finding application would not be grounds for denial
of the permit. Should land use changes or land use applications which
would conflict with an early separation finding determination be established
or filed in advance of an application for an early separation finding,
the land use would be considered as grounds for denial of the early
separation finding permit.
No other approval may be granted as a part of this permit. Applications
made pursuant to this subsection must give additional notice by way
of advertisement in a newspaper having general circulation within
the affected area at least ten days prior to the decision. This finding
that the application meets separation requirements shall be valid
for up to one year before the early finding expires.
P. The
remedies provided for in this title shall be cumulative and not exclusive.
Nothing herein is intended to conflict with applicable state laws
or federal laws.
(Ord. 386 § 3, 2009; Ord. 434 § 5, 2015; Ord. 450 § 2, 2018; Ord. 456 § 2, 2020)
A. Purpose.
This section establishes conditions under which certain residential,
commercial, or industrial development may be developed as integrated
parts on a single site through economical and efficient design techniques.
The goal is to produce lasting, desirable development in accordance
with general plan objectives for the surrounding area; and development
that meets standards of environmental quality, public health and safety,
and efficient use of the city's resources. This section also establishes
procedures for processing planned development permit applications.
B. Development
Subject to this Section.
1. Development
that includes five or more principal dwelling units, a major subdivision
and/or a condominium map;
2. Development
that includes three or more principal buildings on one site;
3. Development
of principal uses on commercial, industrial, and/or mixed use sites
of one acre or more;
4. Development
in the Downtown Village specific plan area;
5. Uses
outlined in specific zoning districts.
C. Findings. The planning commission or the city council may approve a planned development permit according to subsection
E if the following findings are made:
1. The
development is not detrimental to the public interest, health, safety,
or general welfare;
2. The development complies with applicable provisions of this title and/or deviations that comply with applicable provisions in subsection
D;
3. The
development is consistent with general plan policies and standards
and other applicable plans or policies adopted by the city council;
4. The
development density or intensity does not exceed general plan limitations;
5. Existing
infrastructure such as utilities, transportation systems, and communication
networks adequately serve the development or will be upgraded to efficiently
accommodate the additional burdens imposed.
D. Deviations. Development may deviate from development standards as described in Chapter
17.16, Zoning Districts, and Chapter
17.24, District Regulations, where it can be found that the project provides equivalent benefits and/or achieves efficiencies in use, structures, transportation and/or utility systems. Where deviations are recommended by the community development director, the hearing body may approve a planned development permit if the deviation is offset by one or more of the following design elements or features:
1. The
development exceeds minimum resource conservation requirements, such
as water, energy, materials, adaptive reuse;
2. The
development exceeds the open space area requirements by at least fifteen
percent;
3. The
development provides recreational amenities, such as a swimming pool,
volleyball court, fitness equipment, activity room, etc.;
4. The
development provides outdoor amenities, such as site furnishings or
informal dining/gathering spaces;
5. The
development provides enhanced pedestrian, bicycle, and/or vehicular
connectivity elements;
6. The
development installs and maintains art available and accessible to
the public;
7. The
development provides outdoor commercial space associated with a principal
commercial use, such as flower stands, newspaper stands, coffee/food
carts, and kiosks;
8. The
development implements an ongoing transit program(s);
9. The
development enhances, improves, manages, and/or programs activities
for outdoor spaces through a supplemental service district;
10. Deed restricted affordable housing is provided.
E. Application Procedures. Application packages for planned development permits shall be processed according to Section
17.28.020. The advisory body and the hearing body for planned development permit applications shall be as follows:
1. The planning commission shall hear and decide applications for projects other than major subdivisions or condominium maps during the course of at least one public hearing, conducted according to Section
17.28.020(G).
2. The planning commission shall be the advisory body for major subdivision and condominium map applications during the course of at least one public hearing, according to Section
17.28.020(G). The city council shall hear and decide applications during the course of at least one public hearing, conducted according to Section
17.28.020(G).
(Ord. 386 § 3, 2009; Ord. 434 § 5, 2015; Ord. 438 § 1, 2016)
A. Purpose.
This section establishes the conditions under which limited duration
outdoor commercial and community activities, otherwise prohibited
in this code, may be conducted, and establishes procedures
for processing temporary use permit applications.
B. Permit
Categories. The following temporary uses may be authorized,
consistent with temporary uses identified in the
applicable zoning district:
1. Small
Event. Events are categorized as "small" if the event is comprised
of a subordinate extension of the established principal use on-site (e.g., sidewalk sales, flower sales) and of short duration
(e.g., one-time annual event of one to three consecutive days).
2. Large
Event. Events are categorized as "large" if the event is a singular
annual event with unique characteristics which may promote the on-site principal use as well as philanthropic or charitable causes
and community activities (e.g., carnivals, fairs, concerts, shows,
tent sales, parking lot sales, special event lot sales including pumpkins
and Christmas trees, auctions) or of a duration from four to thirty days (e.g., one-time annual events up to forty-five consecutive days).
3. Recurrent
Events. Events are categorized as "recurrent" if the event, no matter
the size or duration, is held more than two times in a twelve-month
period. The development services director may require recurrent events
with impacts to be processed as a minor
use according to Section
17.28.052.
C. General
Conditions. Temporary use permits shall be subject
to the following general conditions:
1. All
uses shall conform to performance standards according to Section
17.24.080 and Title
9.
2. All parking areas and main walk areas located on undeveloped
land shall be kept damp or shall be covered to prevent the raising
of dust.
3. All
signs and structures shall conform to the requirements
of this code.
4. All sites shall be completely cleaned of debris and temporary structures, and returned to their pre-activity condition,
within three days of activity termination.
5. A cash cleanup deposit, according to Section
17.28.020(D), shall be deposited with the city to assure clean-up.
6. No
area of public right-of-way may be used without first
obtaining an encroachment permit from the engineering department.
7. Sanitary
sewer facilities, either portable or permanent, shall be made available
to employees and patrons of the temporary use permit
holder during event hours, as approved by the city engineer.
D. Exemptions.
Public school district activities and events that
are held on district-owned property shall be exempt from this section.
E. Application
Procedures.
Application packages for
temporary
use permits shall be processed according to Section
17.28.020. Development services department staff shall process and decide
temporary use permit applications
ministerially.
(Ord. 386 § 3, 2009; Ord. 434 § 5, 2015)
A. Purpose.
This section establishes procedures for accommodating proposed uses with special site or design requirements,
operating characteristics, or potential adverse effects on surroundings
that are otherwise prohibited in this code. This
section assures that any area will assume or retain the characteristics
intended by zoning. This section also establishes procedures for processing conditional use permit applications.
B. Uses Subject to These Provisions.
1. Uses outlined in specific zoning districts.
C. Findings.
A conditional use permit may be approved if all of
the following findings are made:
1. The use is compatible with the neighborhood or the community;
2. The use is not detrimental to the health, safety, convenience
or general welfare of persons residing or working in the vicinity;
3. The
use complies with performance standards according to Section
17.24.080;
4. The use is consistent with applicable provisions of the particular
zoning district and with policies and standards of the general
plan.
D. Application.
Application packages for
conditional use permits shall be processed according to Section
17.28.020. The city council shall hear and decide all
conditional use permit applications during the course of at least one public hearing, conducted according to Section
17.28.020(G).
(Ord. 386 § 3, 2009; Ord. 434 § 5, 2015)
A. Purpose.
This section establishes the conditions under which accommodations
may be made for uses with special site or design requirements, operating characteristics, or potential
adverse effects on sur-roundings that are otherwise prohibited in
this code, and establishes procedures for processing
minor use permit applications.
Minor uses are those
uses enumerated in subsection
B, that are of such nature and intensity as to not require the level of review required for
uses subject to the
conditional use permit or
planned development permit process as set forth in Sections
17.28.050 and
17.28.030.
B. Uses
Subject to These Provisions.
1. Large family day care homes in accordance with Section
17.24.060.
2. Facilities
involved in the sale of alcoholic beverages that
do not require discretionary approval by the city
council.
3. Expansion
of nonconforming
single-family dwellings used for residential purposes in the R/L, RL/M, and RM zones where lot coverage is increased by more than twenty percent, subject to the criteria set forth in Sections
17.24.090(F)(1)(a) through
(c).
4. Establishment
of office uses in the general commercial zone.
5. Outdoor
dining areas in excess of one thousand square feet associated with
the principal permitted restaurant, eating or drinking establishment,
or similar use on the subject property or adjacent
public right-of-way, subject to the criteria set
forth in Sections 17.24.060(C)(17)(a) through (j) and (C)(18)(a) through
(p).
6. Uses outlined in specific zoning districts.
C. Findings.
The development services director shall approve a minor use permit
if all of the following findings are made:
1. The use is compatible with the neighborhood or the community;
2. The use is not detrimental to the health, safety, convenience
or general welfare of persons residing or working in the vicinity;
3. The
use complies with performance standards according to Section
17.24.080;
4. The use is consistent with the applicable provisions of the
particular zoning district and with the policies and standards of
the general plan.
D. Application
Procedures.
Application packages shall be processed according to Section
17.28.020. Affected property owners shall be noticed according to subsection
17.28.020(F)(2).
(Ord. 386 § 3, 2009; Ord. 434 § 5, 2015; Ord. 438 § 1, 2016)
A. Purpose.
This section establishes procedures for processing variance and minor modification applications. Variances and
minor modifications are limited exceptions to the usual requirements
of this title.
B. Findings.
A variance may be approved if all of the following
findings are made:
1. There
are special property circumstances, (size, shape, topography, location
or surroundings) that would cause the strict application of this title
to deprive the property of rights enjoyed by other properties in the
same vicinity and zoning district;
2. Granting
the variance is necessary to preserve a substantial
property right possessed by other property in the same vicinity and
zoning district;
3. Granting
the variance will not be materially detrimental to
the public health, safety or welfare, or injurious to the property
or improvements;
4. Granting
the variance does not constitute a special privilege inconsistent
with the limitations upon other properties in the same vicinity and
zoning district.
C. Parking Variance. A variance from the requirements
of a commercial or industrial zoning district in order that some or
all of the required parking spaces be located offsite,
including locations in other local jurisdictions, or that in-lieu
fees be provided, may be approved if both of the following conditions
are met:
1. The
parking variance will be an incentive to, and a benefit
for, the nonresidential development;
2. The
parking variance will facilitate access to the nonresidential development by patrons of public transit facilities.
For offsite parking spaces, the following additional
condition must also be met:
3. Parking
arrangements will be controlled by an agreement recorded and running
with the land that:
a. Recognizes the parking obligation for the benefited property,
b. Does not result in a violation of parking standards on the property
supplying the parking, and
c. Cannot be modified without authorization of the city of Lemon Grove.
D. Minor
Modifications. A minor modification may be approved when the proposed
change constitutes a reasonable use of an individual
property and meets the following standards:
1. No
more than a twenty percent reduction of required front, side, or rear
setbacks;
2. No
more than a twenty percent reduction of open space requirements;
3. No
more than a ten percent increase of lot coverage;
4. No
more than a ten percent reduction of automobile parking space requirements;
5. Walls,
hedges, or fences located within setback areas that exceed the height
limits of the zoning district are consistent with safety standards;
6. Accessibility
improvements for persons with disabilities.
E. Application
Procedures.
Application packages shall be processed according to Section
17.28.020. The city council shall hear and decide
variance applications during the course of at least one public hearing, conducted according to Section
17.28.020(G). The development services director shall hear and decide minor modification applications subsequent to having been noticed according to Section
17.28.020(F)(2).
(Ord. 386 § 3, 2009; Ord. 434 § 5, 2015; Ord. 438 § 1, 2016)
A. Purpose.
This section establishes procedures for conducting a zoning clearance
review to ensure that all proposed uses, structures, and/or improvements comply with the applicable requirements of
this code. The zoning clearance serves as a record
of compliance. Prior to, or concurrent with, submitting an application
for any business license, building permit, improvement, subdivision, or other change
in use, the applicant shall obtain a zoning clearance. A zoning clearance
also serves as a record of decisions for proposed
uses, structures, and/or improvements, which may
not require additional approvals or permits in this code.
B. Exemptions.
To the extent allowed by law, applications for miscellaneous
building permits, at the determination of the development
services director, shall be exempt from this chapter.
C. Application
Procedures.
Application packages for zoning clearances shall be processed according to Section
17.28.020. Development services department staff shall process and decide zoning clearance applications
ministerially.
(Ord. 386 § 3, 2009; Ord. 434 § 5, 2015)
A. Purpose.
This section establishes the conditions under which Zoning Ordinance
amendments may be made, and establishes procedures for processing
Zoning Ordinance amendment applications. The city council may amend,
supplement, or change the regulations, land use district
boundaries, or classifications of property.
B. Findings.
An amendment to this section may be granted if the following findings
are made:
1. That
the proposed amendment is consistent with the
general plan, in accordance with California
Government Code, Section 65860, as
amended; and
2. That
the public health, safety, and general welfare benefit from the adoption
of the proposed amendment.
C. Application
Procedures.
Application packages shall be processed according to Section
17.28.020. The city council shall be the
advisory body for all Zoning Ordinance amendment applications during the course of at least one public hearing, conducted according to Section
17.28.020(G), and make a recommendation in a manner consistent with
Government Code Sections 65853 through 65857, as amended, to the city council. The city council shall hear and decide all Zoning Ordinance amendment applications during the course of at least one public hearing, conducted according to Section
17.28.020(G).
1. If
the city council approves the proposed amendment, it shall adopt an
ordinance amending the Zoning Ordinance, in accordance with California
Government Code, Sections 36931 through 36937, as amended.
(Ord. 386 § 3, 2009; Ord. 434 § 5, 2015)
A. Purpose.
This section establishes the conditions under which specific plans
and specific plan amendments may be prepared, adopted, or amended,
and establishes procedures for processing specific plan and specific
plan amendment applications.
B. Findings.
A specific plan or specific plan amendment may be adopted if the proposed
plan or amendment is consistent with the
general plan, in accordance with California
Government Code Section 65450, as
amended.
C. Application
Procedures.
Application packages shall be processed according to Section
17.28.020. The city council shall hear and decide all specific plan and specific plan amendment applications during the course of at least one public hearing, conducted according to Section
17.28.020(G). The city council shall act in a manner consistent with
Government Code Sections 65853 through 65857, as amended. A specific plan or specific plan amendment may be adopted by resolution or by ordinance, in accordance with California
Government Code, Section 65453, as amended.
(Ord. 386 § 3, 2009; Ord. 434 § 5, 2015)