Chapter 17.26 ADMINISTRATIVE APPROVALS

Purpose. The subdivision development plan review process involves the review and approval of residential plot plans, unit mixes, architectural elevations, and other applicable project plans to ensure that the conditions of approval applied to the subdivision are met, and that the unit mix and plotting concept promotes a functional, aesthetically appealing, high-quality living environment for current and future residents.

Applicability.

Subdivision development plan review is required prior to issuance of building permits for new residential development when a development consists of five lots or more that are anticipated to be constructed concurrently or by the same builder within an approved residential subdivision.

Subdivision development plan review is also required to allow the replacement of one model floor plan or elevation for another on a previously approved subdivision development plan or to allow the replotting of no more than 25 percent of lots within any tract or phase tract; provided, that the number of lots replotted does not exceed 15.

Application Procedure.

A subdivision development plan application shall be submitted and approved prior to the issuance of building permits for any single-family residence located within an approved residential subdivision consistent with Subsection (B) of this Section.

The application shall be submitted on a form provided for that purpose by the Department, along with the required fee established by City Council resolution.

The review procedure shall be pursuant to PMC § 17.20.010(A)(2).

The Director may require additional information and modification of any plans deemed necessary to ensure compliance with applicable ordinances and conditions of approval, prior to taking any action on a subdivision development plan application.

Approval Requirements and Conditions. The Review Authority shall review and evaluate any application for a subdivision development plan and may approve the application subject to the following criteria:

The plan is consistent with the goals, policies, and objectives of the General Plan;

It can be determined that the plan, through its unit design and plotting, creates a functional, efficient, and aesthetically beneficial living environment for future residents;

The plan complies with all applicable terms of this Title and any other applicable City ordinances and codes;

There are no violations of this Title existing on the subject property; and

The subdivision development plan is consistent and complies with the requirements and conditions of approval for the associated subdivision map and any other related entitlements.

Effective Period for Subdivision Development Plan Approval. The subdivision development plan shall remain valid until new or modified plans are submitted, or the underlying subdivision map is modified, amended, or reparcelized.

Amendments to Approved Subdivision Development Plans. Any amendment to a previously approved subdivision development plan shall be reviewed pursuant to the same procedures outlined in this Section for a new application.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.26.030 Zoning clearance review.

Purpose. The zoning clearance procedure is intended to ensure that a proposed use of land and/or existing building(s), or the minor alterations of land and building(s) within the City, meet the requirements of this Title and, if applicable, the conditions of approval for a previously approved project.

Applicability.

A zoning clearance shall be obtained prior to the initiation of a use of land and/or the construction of structures requiring a building permit when no discretionary review process is otherwise applicable to the proposed initiation of use or construction.

Projects requiring a zoning clearance include, but are not limited to, the following:

Establishment of a new use within an existing building in conjunction with obtaining a business license;

Individual custom single-family residence or two-unit developments on new or existing lots of record;

Minor changes to residential structures or lots, including patio covers, pools/spas, and detached accessory structures;

Interior remodels which do not result in substantial changes in the character of the occupancy or use, or cause greater impact on traffic or waste disposal, as determined by the Director;

Alterations to exterior building materials or colors, installation of doors and windows, drainage patterns, parking, traffic, or easements, which do not result in greater impacts on infrastructure and public services, as determined by the Director;

Repair and maintenance of structures or parking areas, unless constrained by existing infrastructure and existing drainage patterns and/or easements;

Installation of new EV charging stations and facilities;

Reductions of floor or building area within a previously approved site plan review where it is determined that the modification would not result in a significant change in circumstances requiring additional environmental or planning review;

Installation of public art (e.g., murals, statues, sculptures, etc.).

(j)

Urban lot splits pursuant to PMC Chapter 17.39 (Standards for Two-Unit Developments and Urban Lot Splits in Single-Family Zones); and

(k)

Restriping of parking areas which do not reduce the number of required parking spaces.

In no case shall a zoning clearance be issued for a use other than a use principally or conditionally allowed within that zone.

Application Procedure.

A request for a zoning clearance shall be submitted by the applicant on a form provided for that purpose by the Department, along with the required fee as established by City Council resolution.

The Director may require additional information including, but not limited to, parking summaries and a written description of use(s) prior to taking any action on a zoning clearance. The review procedure shall be pursuant to PMC § 17.20.010(A)(2).

Approval Requirements and Conditions. A zoning clearance shall be approved by the Review Authority; provided, that the project application complies with the following criteria:

The proposed use of land or structures is permissible under the present zone and does not require additional land use entitlements, including but not limited to a conditional use permit or site plan review;

The project is consistent with the policies and maps of the General Plan;

The project complies with all applicable terms and conditions of any existing entitlement;

The project meets all applicable standards within this Title including, but not limited to, minimum structure design, development standards and setbacks, and any applicable special use standards (e.g., public art which would be subject to approval of the Public Art Commission and Director), or has been deemed to be legally nonconforming with respect to these standards; and

There are no violations of this Title existing on the subject property.

Post-Decision Procedures.

Effective Period of Zoning Clearance Approval. A zoning clearance verifies that a specified use or structure is consistent with this Title and applicable City ordinances and policies on the date of its issuance. Any change to the use or structure shall invalidate the zoning clearance.

Modification or Revocation by the Director.

If the Director determines that the zoning clearance is not pursuant to the requirements of this Title, the Director shall notify the owner of the subject property or their authorized agent of the date for a hearing on compliance with this Section. The notice shall be sent by certified mail and shall state that the Director will be reviewing the zoning clearance for possible modification or revocation. It shall also state the date, time, and place of the hearing. The hearing shall be conducted and notice given pursuant to PMC § 17.20.020 (Notification procedures).

§ 17.26.040 Minor modifications to approved plans.

The Director shall fully investigate the evidence and prepare a report regarding the reported violation of the zoning clearance requirements. A copy of the report shall be sent to the property owner or their authorized agent. Upon conclusion of the hearing, the Director shall take no action, may modify the zoning clearance approval as appropriate, or revoke the zoning clearance approval. The Director's decision shall be based on substantial evidence and written findings.

(Ord. 1603 § 4 (Exh. I), 2023)

Purpose. The minor modification process provides a means of reviewing requests for proposed changes to approved project plans which, as determined by the Director based upon the criteria specified in Subsection (D) of this Section, are minor in nature and which are in substantial conformance with previously approved entitlements and/or conditions of approval.

Applicability.

The minor modification procedure may be utilized for the following types of revisions to previously approved project plans without limitation on the number of applications per year except as specified in Subsection (D)(4) of this Section:

To allow minor reconfiguration of an architectural feature that does not modify the previously approved theme or plan for the project;

To allow minor changes to approved building footprint(s) within the buildable area of a project site, which do not increase the building footprint by more than 10 percent;

To allow modifications relating to site reconfiguration that do not significantly increase the approved square footages or overall site design including, but not limited to, the repositioning of structures and accessory structures and relocation of parking areas;

To allow the reconfiguration of no more than 25 percent of lots within any subdivision; provided, that the number of lots reconfigured does not exceed 15;

To allow the addition of minor accessory structures to an approved project; provided, that only one application per year is allowed and the structure(s) will not increase the total building area by more than 10 percent;

To allow the fulfillment of a condition of approval in a manner which may vary from that specified in the original condition; provided, that the intent and purpose of the original condition is fully met;

To allow changes in hours of operation for a conditionally approved project;

Minor revisions to site plan review, Specific Plans, and/or planned developments pursuant to PMC §§ 17.21.070(B)(1), 17.27.040(F), and 17.27.050(G)(1);

To allow eligible facilities requests, the installation of minor facilities, the installation of emergency standby generators, and minor modifications to previously approved existing facilities pursuant to PMC § 17.95.010 (Communication/wireless telecommunication facilities) and PMC § 17.95.070 (Emergency standby generators);

(j)

Other requests similar to the above minor modifications, as determined by the Director; and

(k)

When a minor modification is required as part of a use approval as documented in other Sections of this Title.

Site plan review pursuant to PMC Chapter 17.21 (Site Plan Review) shall be required where an application for a minor modification, which when combined with any addition or minor modification approved within 36 months of the filing of the application, exceeds 25 percent of the total floor area or 1,500 square feet, whichever is greater.

Application Procedure.

An application for a minor modification meeting the criteria specified in Subsection (B) of this Section shall be filed prior to the commencement of any construction related to the modification.

The review procedure shall be pursuant to PMC § 17.20.010(A)(2).

A minor modification shall be filed by the applicant and submitted on a form provided for that purpose by the Department, along with the required fee established by City Council resolution.

The Director may require additional information and/or refer the application to pertinent departments/agencies as deemed necessary prior to taking any action on a minor modification. The Director and other pertinent departments/agencies may add conditions of approval as needed to ensure that approval of the minor modification will ensure the public health, safety, and welfare.

The applicant may be required to clarify, correct, or supply additional information before the application is determined by the City to be complete. Upon making the determination as to whether the application conforms to these standards, the City will notify the applicant in writing when the application has been accepted, or whether the application has been deemed incomplete, within the time limitations outlined in PMC § 17.20.050 (Time limitations for application acceptance).

Approval Requirements and Conditions. The Review Authority may review and approve an application for minor modification; provided, that the application for the proposed modification complies with the following criteria:

The request is listed in Subsection (B) of this Section and does not require new land use entitlements, including but not limited to a conditional use permit or site plan review;

The request is consistent with the goals, policies, and objectives of the General Plan;

The request complies with the purpose and intent of all applicable terms and conditions of the existing entitlement;

There has not been more than one other minor modification application for the same project within the past 12 months; and

The proposed structure or addition meets all applicable ordinance standards including, but not limited to, minimum structure design, development standards and setbacks.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.26.050 Minor use permit.

Purpose. The purpose of a minor use permit is to allow certain uses that contribute to the orderly growth and development of the City and that generally meet the purposes of the applicable zone, but which require special consideration in their design or operation to ensure compatibility with the surrounding area. The minor use permit process is intended to provide an opportunity for Director review and evaluation of site-specific requirements and characteristics, to provide public notice of applications, to provide adequate mitigation of any potentially adverse impacts, and to ensure that all site development regulations and performance standards are provided pursuant to this Title. In addition, the minor use permit ensures ongoing compliance with conditions of operation which may be applied to the use in order to protect public health, safety, and welfare, and to ensure compliance with the goals, policies, and objectives of the General Plan.

Applicability.

No person shall undertake, conduct, or use, or cause to be undertaken, conducted, or used, any projects which require a minor use permit, without having first complied with the provisions of this Title.

Uses listed in the land use permissions tables with "MUP" may be allowed in the applicable zone pursuant to the provisions of this Title.

Minor use permit approval shall only apply to the property for which the application was made and shall apply to that property as long as the use for which approval was granted is in effect, regardless of changes in ownership.

Review Authority.

The review procedure shall be pursuant to PMC § 17.20.010(A)(2).

Projects which require multiple application types shall be approved by the highest level of Review Authority.

Application Procedure.

A request for a minor use permit shall be submitted by an applicant on a form provided for that purpose by the Department, along with the required fee established by City Council resolution.

The Director may require additional information and/or refer the application to pertinent departments/agencies as deemed necessary prior to taking any action on a minor use permit. Where the use is proposed, and the adjacent land uses, environmental significance or limitations, topography, or traffic circulation is found to so require, the Review Authority may establish more stringent regulations than those otherwise specified for the zone in which the project is located.

Floor Plan. The application shall be accompanied by the required documents, including site plans, floor plans, and all other pertinent information as specified in the checklist provided by the Department.

Where deemed necessary by the Department to complete the City's review and evaluation of the proposed use, additional information may be required regarding ongoing use of the site, including but not limited to hours of operation, provisions for on- or off-site security, and other similar conditions of operation.

Considerations and Decision.

In evaluating an application for a minor use permit, the Director shall determine the merits of the proposed minor use permit, and its compliance with the goals, policies, and objectives of the General Plan, this Title, and other applicable ordinances and codes adopted by the City, in order to protect the public health, safety, and general welfare.

Prior to rendering a decision, the Director shall provide written notice to owners of property located within 100 feet of the parcel which is the subject of the minor use permit application. The list of property owners within 100 feet of the subject parcel shall be provided by the applicant. The notices shall contain a description and location of the request and the anticipated decision date, and shall allow 10 days to submit comments to the City. Upon the passage of 10 days, the Director shall render a decision.

Required Findings for Approval.

Approval shall be based upon the following minimum criteria, which shall also constitute the findings to be made by the Review Authority in approving or denying a minor use permit:

The proposed use is consistent with the goals, policies, and objectives of the General Plan;

The proposed use is beneficial and desirous to the community and is consistent with the purpose, intent and standards of this Title and other applicable ordinances and codes adopted by the City;

The site for the proposed use is adequate in size and shape to accommodate all open spaces, setbacks, walls and fences, parking areas, vehicle and pedestrian access, fire and building code considerations, and other features pertaining to the application; and

The proposed use and the ongoing operation of the use will not have a substantial adverse effect on abutting property or the allowed use thereof, and will not generate excessive noise, vibration, traffic, or other disturbances, nuisances, or hazards.

(G)

Approval Requirements and Conditions.

The Director and other pertinent departments/agencies may add conditions of approval as needed to ensure that approval of the minor use permit will ensure the public health, safety, and welfare.

The following requirements for the regulation of uses and operations on the site may be placed upon the development project by the Review Authority as conditions of approval:

Regulation of use;

Regulation of time for certain activities;

Duration of use;

Regulation of noise, vibration, odors, and lights;

Maintenance of special setbacks, spaces, and buffer areas;

Regulation of points of vehicular ingress and egress;

Regulation of signs;

Required landscaping and site maintenance; and

Any other conditions that will ensure the use of the site and surrounding area in an orderly and efficient manner, and in conformity with the intent and purposes of this Title.

(H)

Post-Decision Procedures.

Appeal. Prior to its effective date, a decision made on a minor use permit may be appealed to the Planning Commission, pursuant to the provisions of PMC § 17.20.110 (Appeal procedures).

Revisions and Modifications by the Applicant. Revisions or modifications of a minor use permit can be requested by the applicant for approval by the Director upon submittal of an application, required materials, and applicable fees for minor modification, pursuant to PMC § 17.26.040 (Minor modifications to approved plans).

Review by Director. The Director may periodically review any minor use permit to ensure that it is being operated in a manner that is consistent with the conditions of operation and in a manner which is not detrimental to the public health, safety, or welfare, or materially injurious to properties in the vicinity.

Modification or Revocation by the Director.

If the Director determines that the minor use permit is not being conducted pursuant to the requirements of this Title, the Director shall document in writing the reported violation of the minor use permit requirements. The Director's determination shall be sent to the operator of the minor use permit by certified mail stating that the minor use permit is out of compliance and that it may be subject to revocation unless the use is modified pursuant to the original conditions of approval within a stipulated time frame as determined by the Director.

In documenting the reported violation of the minor use permit, the Director shall make one of the following determinations and take such accompanying action:

Find that the minor use permit is being conducted in an appropriate manner and that no action to modify or revoke the permit is necessary;

(ii)

Find that the minor use permit is not being conducted in an appropriate manner and impose modifications to conditions as are necessary; or

(iii)

Find that the minor use permit is not being conducted in an appropriate manner and that measures are not available to mitigate the impacts of the business. Upon making this determination, the Director may revoke the minor use permit and order the operation to cease and desist in the time specified by the Director.

If the Director determines that the minor use permit should be revoked, the procedures for revocation pursuant to PMC § 17.22.070(C) shall be followed.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.26.060 Home occupation clearance.

Purpose. The purpose of a home occupation clearance procedure is to allow the establishment and operation of a business within a home, in such a way as to minimize any impacts of the business on adjacent properties or the general neighborhood. Home occupations are limited to those uses which may be conducted within a residential dwelling, without in any way changing the appearance or condition of the residence or the surrounding neighborhood.

Applicability. No home occupation may occur and no approval for a home occupation shall be issued unless the procedures and criteria specified in this Title are satisfied.

Application Procedure.

An application for a new home occupation shall be filed by an applicant with the Department, along with a fee as established by City Council resolution.

The review procedure shall be pursuant to PMC § 17.20.010(A)(2).

The Review Authority shall review the request for a home occupation clearance to ensure compliance with the criteria for operations established in this Title.

In rendering a decision, the Review Authority shall clearly state, in writing, any conditions of approval or reasons for denial.

Approval Requirements and Conditions. Home occupations may be allowed on property used for residential purposes, subject to approval by the Review Authority; provided, that the use is operated pursuant to the following conditions:

The home occupation shall be incidental and secondary to the use of the dwelling for residential purposes;

There shall be no customers, clients, or visitors coming to the residence for purposes of the home occupation except for the purpose of individual instruction including but not limited to academic tutoring or music lessons;

No signs relating to the home occupation shall be allowed except those required by State law;

Advertising shall not include the residential address and shall not be displayed anywhere on the site of the home occupation;

No one other than a resident of the dwelling shall be employed on the premises in the conduct of a home occupation;

A home occupation clearance is valid only for the person(s) and residence approved by the City;

No dwelling shall be built, altered, furnished, or decorated for the purpose of conducting the home occupation in such a manner as to change the residential character and appearance of the dwelling, or in such a manner as to cause the structure to be recognized as a place where a home occupation is conducted;

(8)

There shall be no entrance or exit specifically provided or marked on the dwelling or on the premises for the conduct of the home occupation;

(9)

A home occupation shall be conducted entirely within the dwelling unit and the activities of such home occupation shall not be visible, or otherwise noticeable, outside the dwelling unit structure;

(10)

There shall be no home occupation activities that are objectionable due to glare, dust, fumes, odor, vibration, noise, or that disturb the peace;

(11)

No equipment or process shall be used which creates visual or audible electrical or mechanical interference in any radio or television receiver or other device outside the dwelling unit structure, or causes fluctuations in the line voltage outside the dwelling unit structure;

(12)

The home occupation shall not require any upgraded utility service capacity beyond that which is customary for residential service. Separate utility meters which serve only the home occupation shall not be allowed;

(13)

An enclosed garage may be used for home occupation purposes; provided, however, that such use shall not interfere with the maintenance of the number of enclosed parking spaces required for the residence as required by PMC § 17.87.060 (Required vehicle spaces);

(14)

No mechanical or construction equipment which is not typically found in residential neighborhoods shall be stored on the premises. Goods, wares, or merchandise associated with the home occupation may be stored inside a building;

(15)

No vehicles or trailers except those normally incidental to a residential use shall be parked in a manner that is visible from the public right-of-way;

(16)

No more than one motor vehicle, or vehicle-trailer combination not exceeding a gross vehicle rating of 14,000 pounds, shall be stored or parked at a residence and/or used in connection with the home occupation;

(17)

The home occupation shall not generate vehicular traffic and/or vehicular parking which degrades or is otherwise detrimental to the residential nature of the neighborhood;

(18)

If the home occupation is to be conducted in a rental unit, a written statement from the property owner or an authorized agent of the property owner giving permission for operation of the home occupation shall be provided to the City;

(19)

The home occupation shall not affect or reduce the parking spaces required by this Title;

(20)

Home occupations shall not involve the use and/or on-site storage of chemicals, flammable materials, or other hazardous materials except as may be allowed by the Uniform Fire Code;

(21)

The operator of a home occupation shall obtain and maintain a current business license from the City; and

(22)

No home occupation shall include the sale or storage of firearms, ordnance, ammunition, or other weapons which are regulated by the Bureau of Alcohol, Tobacco, and Firearms, at the site of the home occupation.

Additional Conditions for Mobile Businesses. A home occupation clearance for mobile businesses may be approved; provided, that the business is operated pursuant to the operational standards described in Subsection (D) of this Section, in addition to the following conditions which specifically apply to mobile businesses:

The service provided by the mobile business shall be pursuant to the zone in which the work is performed;

The mobile business shall comply with all applicable requirements of any agency with regulatory or permitting authority over the conduct of that business;

Any automotive-related services shall be limited to cleaning, detailing, and minor replacement, or repair to glass and/or accessory parts; no mobile business operating with a home occupation clearance shall be allowed to conduct auto repair, auto body, or engine work;

No work shall be conducted in a publicly accessible parking lot without approval from the property owner; and

No work shall be conducted on City-owned property, including parks, park and ride lots, parking lots, or public rights-of-way without prior authorization from the City.

Post-Decision Procedures.

Review by Director. The Director may review and examine any home occupation permit to ensure that it is being operated in a manner consistent with the conditions of operation and in a manner which is not detrimental to the public health, safety, or welfare, or materially injurious to properties in the vicinity.

Modification or Revocation by the Director. If the Director determines that the home occupation is not being conducted pursuant to the requirements of this Title, the Director shall document in writing the reported violation. The Director's determination shall be sent to the operator of the home occupation by certified mail stating that the home occupation is out of compliance and that it may be subject to revocation unless the home occupation is modified pursuant to the original conditions of approval within a stipulated time frame as determined by the Director. In documenting the reported violation of the home occupation, the Director shall make one of the following determinations and take such accompanying action:

Find that the home occupation is being conducted in an appropriate manner and that no action to modify or revoke the permit is necessary;

Find that the home occupation is not being conducted in an appropriate manner and impose modifications to conditions as are necessary; or

Find that the home occupation is not being conducted in an appropriate manner and that measures are not available to mitigate the impacts of the business. Upon making this determination, the Director may revoke the home occupation clearance and order the operation to cease and desist in the time specified by the Director.

Lapse of Approval.

A home occupation clearance, approved pursuant to the provisions of this Title, shall become null and void upon expiration of a business license issued in conjunction with the home occupation clearance. Reestablishment of the home occupation clearance shall require the filing of a new application to the Department, including applicable fees as established by City Council resolution.

Where a home occupation clearance has been nullified pursuant to Subsection (F)(3)(a) of this Section, a new application for the same or substantially the same occupation may be filed immediately.

§ 17.26.070 Additional animals clearance.

New Application Following Denial. Following the denial or revocation of a home occupation clearance, no application for a home occupation clearance for the same or substantially the same occupation on the same parcel shall be filed within one year from the date of denial or revocation.

(Ord. 1603 § 4 (Exh. I), 2023)

Purpose. The purpose of these provisions is to allow the keeping of additional animals over those allowed by the underlying zone standards, and to ensure that the keeping of such animals will not be detrimental to the public health, safety, and welfare; that adjacent property owners and residents are notified of the proposed keeping of additional animals; and that such animals are provided with adequate facilities to ensure their health and well-being.

Applicability. An additional animals clearance shall be required to keep animals that are allowed as an accessory use in the underlying zone, where the number of such animals exceeds the number allowed in the zone.

Application Procedure.

An application to keep additional animals shall be filed by an applicant with the Department, along with a fee as established by City Council resolution.

The review procedure shall be pursuant to PMC § 17.20.010(A)(2).

Approval Requirements and Conditions. The approval to keep additional animals shall be based upon the applicant's adherence to the following conditions:

The keeping of the animals shall comply with all standards of this Title for the keeping of animals and animal enclosures, including setbacks from property lines and other dwellings;

The keeping of the animals shall comply with all applicable Federal and State requirements;

The keeping of animals in excess of the number allowed within this Title shall be prohibited;

Each animal shall have sufficient area to be maintained and exercised in a normal healthy manner, as determined by a State-licensed veterinarian;

Any odor or activity associated with the animals shall be contained within the associated parcel;

The keeping of animals shall conform with the goals, policies, and objectives of the General Plan and this Title; and

Any other conditions as deemed reasonably appropriate by the Director.

Required Findings and Decision.

In evaluating an application for an additional animals clearance, the Director shall determine that the request satisfies the requirements contained in Subsection (D) of this Section and, if granted, is consistent with the goals, policies, and objectives of the General Plan and all applicable codes and ordinances.

Prior to rendering a decision, the Director shall provide written notice to contiguous property owners of the request to keep additional animals. Such notice shall contain a description and location of the requested type and number of animals and the anticipated decision date, and shall allow 10 days to submit comments to the City. Upon the passage of 10 days, the Director may render a decision.

Post-Decision Procedures.

Modification or Revocation by the Director. If the Director determines that the additional animals for which an additional animals clearance has been approved are not being kept pursuant to the requirements of this Title, the Director shall document in writing the reported violation of the requirements for the additional animals. The Director's determination shall be sent to the owner of the additional animals by certified mail stating that they are being kept in violation of their original approval and that the additional animals clearance may be subject to revocation unless the additional animals are kept pursuant to the original conditions of approval within a stipulated time frame as determined by the Director. In documenting the reported violation, the Director shall make one of the following determinations and take such accompanying action:

Find that the additional animals are being kept in an appropriate manner and that no action to modify or revoke the permit is necessary;

Find that the additional animals are not being conducted in an appropriate manner and impose modifications to conditions as are necessary; or

§ 17.26.080 Requests for reasonable accommodation.

Find that the additional animals are not being conducted in an appropriate manner and that measures are not available to mitigate the impacts of the business. Upon making this determination, the Director may revoke the additional animals clearance and order the keeping of these animals to cease and desist in the time specified by the Director.

(Ord. 1603 § 4 (Exh. I), 2023)

Purpose. The purpose of these provisions is to establish a formal procedure for persons with disabilities seeking equal access to housing to request reasonable accommodation in the application of this Title and to establish relevant criteria to be used when considering these requests.

General Provisions.

A request for reasonable accommodation may be made by any person with a disability, their representative, or any entity, when the application of this Title or other land use standard, policy, or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This title is intended to apply to those persons who are defined as disabled pursuant to the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts).

A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. Requests for reasonable accommodation shall be made in the manner prescribed by Subsection (C) of this Section.

Application Procedure.

An application for a request for reasonable accommodation shall be submitted on a form provided for that purpose by the Department, along with the required fee as established by City Council resolution.

The review procedure shall be pursuant to PMC § 17.20.010(A)(2).

The Review Authority shall review the request for reasonable accommodation to ensure compliance with the criteria for operations established in this Title.

In rendering a decision, the Review Authority shall clearly state, in writing, any conditions of approval or reasons for denial.

Review with Other Land Use Applications. Projects which require multiple application types shall be approved by the highest level of Review Authority.

Grounds for Accommodation. In making a determination regarding the reasonableness of a requested accommodation, the following criteria shall be considered:

Special need created by the disability;

Potential benefit that can be accomplished by the requested modification;

Potential impact on surrounding uses;

Physical attributes of the property and structures;

Alternative accommodations which may provide an equivalent level of benefit;

In the case of a determination involving a single-family dwelling, whether the structure would be considered a single housing unit if it were not using special services that are required because of the disability of the residents;

Whether the requested accommodation would impose an undue administrative burden on the City; and

(8)

Whether the requested accommodation would require a fundamental alteration in the nature of a City program or law, including but not limited to land use and zoning.

Required Findings and Decision.

In evaluating an application regarding the reasonableness of a requested accommodation, the Director shall determine that the request satisfies the standards contained in Subsection (D) of this Section and, if granted, is consistent with the goals, policies and objectives of the General Plan and all applicable codes and ordinances.

Prior to rendering a decision, the Director shall provide written notice to contiguous property owners of the request for reasonable accommodation. Such notice shall contain a description and location of the request and the anticipated decision date, and shall allow 10 days to submit comments to the City. Upon the passage of 10 days, the Director may render a decision.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.26.090 Minor site plan review.

Purpose. The minor site plan review process provides a means of reviewing requests for certain types of uses and structures through an administrative review approval process, to ensure that impacts to adjacent properties are minimized, and that adjacent property owners and residents are notified of the proposed project.

Applicability.

Applications for new construction of multifamily residential projects consisting of three to nine units.

New applications for the expansion of existing multifamily residential, commercial, or industrial buildings or structures of less than 10 percent in total floor area or up to 1,500 square feet, whichever is greater, where the proposed expansion will not result in a change in the land use or intensity, or cause increased impacts on existing infrastructure and public services, as determined by the Director. Site plan review pursuant to PMC Chapter 17.21 (Site Plan Review) shall be required where an application for an addition, which when combined with any addition or minor modification approved within 36 months of the filing of the application, exceeds 25 percent of the total floor area or 1,500 square feet, whichever is greater.

Replacement and/or repair of a structure partially destroyed by fire, flood, or another natural occurrence, when the repair of such structure is determined by the Director to be consistent with the design, use and intensity of the original structure, and consistent with the zoning and General Plan designations.

Applications for accessory structures as established in Division 9 (Special Regulations) of this Title, PMC § 17.26.030 (Zoning clearance review), PMC § 17.26.040 (Minor modifications to approved plans), or as required elsewhere in this Title.

Application Procedure.

An application for minor site plan review shall be filed by an applicant with the Department, along with the required fee established by City Council resolution.

The review procedure shall be pursuant to PMC § 17.20.010(A)(2).

An application for minor site plan review shall be accompanied by all required materials and a site plan showing the subject property as well as the surrounding area. Plans of the subject property shall show all existing and proposed buildings and uses, fencing, walls, light fixtures, and any other data required by the Department to adequately review the application.

The Director may require additional information and/or refer the application to pertinent departments/agencies as deemed necessary prior to taking any action on a minor site plan review application. The Director and other pertinent departments/agencies may add conditions of approval as needed to ensure that approval of the minor site plan review will ensure the public health, safety, and welfare.

Approval Requirements and Conditions. In granting the minor site plan review, the Director may impose conditions reasonably necessary to accomplish the purpose of this Title, including, but not limited to, the following:

Dedications and/or easements for streets, alleys, drainage, public utilities, recreational trails, flood control, and such other rights-of-way as may be determined essential to the orderly development of the site and abutting properties.

On- and off-site improvements, including, but not limited to, the following:

Grading, drainage, and drainage structures necessary to protect the public safety;

Curbs and gutters, street pavement, sidewalks, street lights, and traffic control devices, bus turnouts, and shelters. All road improvements shall be constructed pursuant to plans and specifications of the City's Engineering Design Standards;

Adequate water service and fire protection equipment, pursuant to plans and specifications of the serving water purveyor and Los Angeles County Fire Department;

Sanitary sewer facilities and connections;

Services from public utilities, where provided;

Street trees and landscaping, pursuant to the plans and specifications of the City's Landscaping Design Standards;

On-site landscaping, walls and/or fences, trash enclosures, and lighting fixtures;

Pedestrian walkways and site amenities, including seating and other fixtures, where appropriate; and

In addition to the above requirements, the Review Authority shall require such additional improvements and facilities as determined reasonably necessary for the proper development of the site and the area.

Required Findings and Decision.

In evaluating a request for a minor site plan review, the Director shall determine that the request satisfies the required findings contained in Subsection (E)(3) of this Section and, if granted, is consistent with the goals, policies and objectives of the General Plan and all applicable codes and ordinances.

Prior to rendering a decision, the Director shall provide written notice to all property owners within a 300-foot radius of the requested minor site plan review. The notice shall contain a description of the type and location of the requested minor site plan review, the anticipated decision date, and shall allow 10 days to submit comments to the City. Upon the passage of 10 days, the Director shall render a decision.

Findings for Approval. No application for minor site plan review shall be reviewed by the Director unless the application, in its final submitted form, or as conditioned, meets the following findings:

That the proposed use is consistent with the goals, policies, and objectives of the General Plan and the purposes of the zone in which the project is located;

The proposed project meets all applicable standards of this Title including, but not limited to, setbacks, height, separations, wall, fence, lighting, and landscaping standards; and

That the proposed project, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity.

Post-Decision Procedures.

The effective date of a land use decision shall be pursuant to PMC § 17.20.090 (Effective date of land use decisions).

Prior to its effective date, any decision made on a minor site plan review request by the Director may be appealed, pursuant to the provisions of PMC § 17.20.110 (Appeal procedures).

§ 17.26.100 Temporary use and special event permits.

A project approved by minor site plan review shall be inaugurated pursuant to PMC § 17.20.120 (Time limits and extensions for conditional land use decisions) within 36 months from the effective date of the decision. Unless all conditions have been complied with and the use of land authorized by the land use decision has been inaugurated within 36 months, the land use decision shall become null and void. For the purposes of this Title, the term "inaugurated" shall mean that applicable grading and building permits have been issued and construction initiated and ongoing.

(G)

Time Limits and Extensions for Minor Site Plan Review Decisions. One or more extensions of time, not to exceed a total of 24 months from the original expiration date, may be granted pursuant to PMC § 17.20.120 (Time limits and extensions for conditional land use decisions).

(Ord. 1603 § 4 (Exh. I), 2023; Ord. 1613 § 4 (Exh. I), 2023)

Purpose. The purpose of this Section is to regulate land use activities of a temporary nature in order to protect the public health, safety, and welfare. These permitting procedures for temporary use permits and special event permits ensure that temporary uses will be compatible with surrounding land uses, to protect the rights of adjacent residents and landowners, and to minimize any adverse effects on surrounding properties and the environment.

Applicability.

Temporary uses shall be established only in those zones where temporary uses are expressly allowed or conditionally allowed pursuant to the land use permissions tables in Divisions 3 through 7 of this Title.

A temporary use or structure as defined in PMC Chapter 17.16 (Definitions) which does not have a valid and current temporary use permit or special event permit as specified in this Chapter shall be declared to be a public nuisance, subject to the enforcement provisions of this Title and other applicable laws.

Temporary use permits and special event permits shall not be required for City events or for events in which City space is rented through the Department of Parks and Recreation for a third-party event.

Application Procedure. Applications for permits to establish a special event or temporary use, as described in this Title, shall be filed with the Department in a manner prescribed by the Director, along with the required fee as established by City Council resolution.

Review Authority.

The review procedure shall be pursuant to PMC § 17.20.010(A)(2).

Projects which require multiple application types shall be approved by the highest level of Review Authority.

Applications for temporary uses shall be subject to the requirements and criteria specified in this Title and to any other additional conditions that the City determines to be reasonably necessary to ensure that the use will not be injurious to public health, safety, or welfare.

Temporary Use Permit. A temporary use permit shall be required for the following temporary uses pursuant to PMC § 17.98.020 (Temporary uses):

Christmas tree lots, pumpkin lots, haunted houses, and firework stands, subject to the standards within PMC § 17.98.020(E)(1);

Trailer coaches, motorhomes, or manufactured/mobile homes, for use as temporary living quarters for security personnel, temporary residence of the subject applicant, or on active construction sites, where allowed by the zone;

Circuses, carnivals, rodeos, concerts, shows, or similar enterprises, subject to the standards within PMC § 17.98.020(E)(2);

Farmers' markets, subject to the standards within PMC § 17.98.020(E)(12);

Temporary office modules. The use of temporary structures including but not limited to trailers or prefabricated structures for use as interim offices on active construction sites, subject to the standards within PMC § 17.98.020(E)(4);

Temporary outdoor swap meet, subject to the standards within PMC § 17.98.020(E)(10);

Temporary outdoor storage, subject to the standards within PMC § 17.98.020(E)(11);

(8)

On-site temporary real estate sales office, subject to the standards within PMC § 17.98.020(E)(5);

(9)

Off-site model home sale complexes, subject to the standards within PMC § 17.98.020(E)(8);

(10)

Stockpiling, subject to the standards within PMC § 17.98.020(E)(6);

(11)

Temporary sales of alcoholic beverages, subject to the standards within PMC § 17.98.020(E)(7), and the following:

The applicant shall be the entity determined by the City to be liable for protecting public health and safety of event participants (those who attend the event), of event operators (those who create and execute the event), and of all others affected by the actions of event participants and event operators; and

Conditions of approval for the temporary sales of alcoholic beverages are included in PMC § 17.98.020(E)(7); and

(12)

Temporary vehicle sales, subject to the standards within PMC § 17.98.020(E)(9). Conditions of approval for the temporary vehicle sales are included in PMC § 17.98.020(E)(9).

Termination of Temporary Uses.

No operator of a temporary use shall continue operation of that use beyond the time periods allowed by this Title. If no maximum time period is specified in this Title for the operation of the use, the operator shall not continue operation beyond the period specified in the temporary use permit.

If the Department determines that a temporary use which is being operated pursuant to a special event permit or a temporary use permit is being conducted in violation of this Title or the terms and conditions of such permit, the Director shall decide whether to revoke or not revoke the permit. If the Director determines, after reviewing the information and considering the information that sufficient evidence exists of a violation, the Director may revoke the temporary use permit or impose additional conditions to ensure compliance. The permittee may appeal the decision by filing an appeal as allowed and specified in PMC § 17.20.110 (Appeal procedures). Any suspected violation of a conditional use permit with respect to a temporary use shall be regulated by PMC Chapter 17.22 (Conditional Use Permits).

(G)

Approval Requirements and Conditions.

Standards for Approval.

Temporary uses shall comply with the following criteria:

Unless otherwise specified in PMC § 17.98.020 (Temporary uses), all parcels utilized for temporary uses shall be cleaned of trash, debris, and any temporary structures within five days after termination of such event;

(ii)

The City may require a cash deposit or other security as approved by the City Attorney to defray the costs of cleanup of a parcel by the City, in the event the applicant fails to leave the property in a presentable and satisfactory condition, or to guarantee removal and/or reconversion of any temporary use to a permanent use allowed in the subject zone;

(iii)

The temporary use shall be compatible with, and not adversely affect, adjacent uses; and

(iv)

The temporary use shall be allowed in the underlying zone and conform with all applicable policies of this Title. The Director may establish conditions and limitations, including, but not limited to, hours of operation, provision of parking areas, signage, lighting, traffic circulation and access, temporary or permanent parcel improvements, and other measures necessary to minimize potential effects on properties adjacent to and in the vicinity of the proposed temporary use.

Required Findings and Decision.

In evaluating a permit application for an allowed temporary use, the Director shall determine that the request satisfies the standards contained in this Title and, if granted, is consistent with the goals, policies and objectives of the General Plan and all applicable codes and ordinances.

A change in ownership or operator of a use or structure subject to a temporary use permit, as specified within PMC § 17.98.020 (Temporary uses), or an approved change or modification to the structure or use allowed on a parcel subject to such a permit, shall not affect the time periods established by this Title which allow such temporary uses or structures.

(H)

Special Event Permit.

A special event permit shall be limited to one-day events. Events that qualify as a temporary use, but are anticipated to occur for two or more days, shall be subject to PMC § 17.98.020 (Temporary uses). Temporary uses that qualify as a special event are provided in PMC § 17.98.020(D) (Uses Requiring a Special Event Permit).