CC Ordinance 2070 Part 2
CHAPTER 21.32 - TREE PROTECTION REGULATIONS
Sections:
21.32.010 - Purpose
21.32.020 - Definitions
21.32.030 - Applicability
21.32.040 - Actions Prohibited
21.32.050 - Protected Trees
21.32.060 - Exemptions
21.32.070 - Tree Removal Permit! Application Requirements
21.32.080 - Determination on Permit
21.32.090 - Approval Authority and Permit Process
21.32.100 - Replacement Trees
21.32.110 - Site Limitations/In-lieu Fee for Replacement
21.32.120 - Delegation of Functions
21.32.130 - Heritage Tree Designations
21.32.140 - Appeals
21.32.150 - Tree Technical Manual
21.32.160 - ViolationslPenalties
21.32.170 - No Liability Upon City
21.32.010 - Purpose
In: enacting this Chapter, the City recognizes the substantial aesthetic, environmental and economic
importance of its tree population. The purpose of this Chapter is to establish policies, regulations, and
standards to protect and manage trees on private property to ensure that development is compatible with
and enhances Campbell's small town quality and character. (Ord. 1969 s2(part), 1998).
21.32.020 - Definitions
The following words and phrases when used in this article shall have the meaning set forth herein, except
where the context clearly indicates a different meaning:
Arborist. A person having expertise in the care and maintenance of trees that is certified by the
International Society of Arboriculture (ISA) or comparable organization.
Approval authority. The person or body officially responsible for rendering decisions on requests to
remove trees protected by this Chapter.
Developed single-family residential property. Any legal lot of record with a minimum net lot area
(defined herein) of six thousand square feet that is developed with a main dwelling unit and zoned either
"single-family"(R-l), or "planned development"(PD), and cannot be further subdivided into additional
lots under its current zoning designation.
Development application. An application for land alteration or development, including but not limited
to; site and architectural review, variance, use permit, rezoning, planned development permit and
subdivisions of property.
Dripline. The outermost line of the tree's canopy projected straight down to the ground surface. In plan
view, the dripline generally appears as an irregularly shaped circle.
Emergency. A sudden, or generally unexpected occurrence that decisively determines that immediate
action is warranted.
Fruit tree. Any tree that has the characteristic of bearing edible fruit, common to commercial production
varieties including but not limited to; stone fruits (e.g. prunes, peaches, etc.), citrus (e.g., lemons,
oranges), nut varieties (e.g., almonds, English walnut [except for California Black Walnut]), peppers (g.
Schinus), and olives (g. Oleaceae). A "fruit tree" shall not mean any tree that bears a fruit or nut
produced primarily as seed, (e.g., oaks, pines, etc.).
Heritage tree. Any tree so designated by the historic preservation board based on the finding that the
tree has character, significant age and girth, interest or value as part of the development of, and/or
exemplification of the cultural, educational, economic, agricultural, social, indigenous or historical
heritage of the City and identified on the historic resources inventory.
Main building. A primary structure allowed under the zoning district in which a property is located to
provide reasonable economic use of a property.
Net lot area. The total area within the lot lines of a lot, excluding any street right-of-way or common
areas owned collectively by a group of property owners in a planned development.
Protected tree. Any class of tree specified in Section 21.32.050.
Pruning. The standard practice of maintenance consisting of trimming or cutting away any limbs or
branches of a tree to control growth and enhance performance or function by developing and preserving
tree structure and health in compliance with pruning standards contained in the tree technical manual.
R-l. Any developed single-family residential property.
Remove. The complete removal of a tree (e.g., cutting it to the ground or its extraction). It also means
taking action that foreseeably leads to the death of a tree or permanent damage to its health (e.g., cutting,
girdling, poisoning, over-watering, unauthorized relocation or transportation of a tree or trenching,
excavating, or altering the grade or paving within the dripline of a tree).
Severe trimming. Cutting back large diameter branches or the main trunk of a mature tree to stubs,
known as topping or severe root pruning, which either destroys the existing symmetrical appearance or
natural shape of the tree and/or compromises the long-term health or survival of a tree.
Tree. A live woody perennial plant characterized by having a main stem or trunk or a multi-stemmed
trunk system with a more or less definitely formed crown, and is usually over 10 feet high at maturity.
Tree removal. Cutting of a tree to the ground or its extraction or severe trimming of a tree (defined
herein) that does not comply with pruning standards adopted in this Chapter. (See this section for
"Pruning" definition).
Tree technical manual. The regulations and specifications issued by the Community Development
Director to implement this Chapter.
Unprotected tree. Any class oftree not specified in Section 21.32.050.
21.32.030 - Applicability
This article shall apply to every owner of private property within the City, and to every person responsible
for undertaking the removal of a tree on private property, unless exempted herein.
21.32.040 - Actions Prohibited
It is unlawful to remove; as defined herein, any protected tree specified in Section 21.32.050, "Protected
Trees" from private property without first obtaining a tree removal permit.
21.32.050 - Protected Trees
Except as otherwise provided in Section 21.32.060, "Exemptions" the following trees shall not be
removed from private property without first obtaining a tree removal permit:
A. Heritage trees in all zoning districts;
B. Any tree required to be planted or retained as a condition of approval of a development application or
a building permit in all zoning districts;
C. Any tree which measures twelve inches or greater in diameter (38 inches or greater in circumference),
measured four feet above the adjacent grade in all zoning districts, except for developed single-family
residential properties.
D. For multi-trunk trees, any tree which has at least one trunk 12 inches or greater in diameter (38 inches
or greater in circumference), measured four feet above the adjacent grade, except for developed
single-family residential properties.
E. For developed single-family residential properties, trees or multi-trunk trees with at least one trunk
measuring 12 inches or greater in diameter (38 inches or greater in circumference) of the following
species:
Oak (Quercus),
Redwood (Sequoia),
Cedar (Cedrus), .
Ash (Fraxinus).
21.32.060 - Exemptions
The following tree types and conditions are exempt from this Chapter and may be removed without
approval of a tree removal permit:
A. Emergencies. Trees that pose an immediate threat to persons or property during an emergency or are
determined to constitute an emergency, upon order of the Community Development Director, or any
member of the police or fire services agency. The Community Development Director shall be
notified of such emergency before removal, and a Tree Removal Permit shall be filed within 10
calendar days of the emergency removal.
B. Public nuisance. Any tree in a condition to constitute a public nuisance, as defined in Section
6.10.020 of the Campbell Municipal Code when the declaration of a public nuisance has been made
by the Building Official, the Community Development Director or the Fire Chief.
C. Public utilities. Trees that undermine or impact the safe operation of public utilities that are subject
to the jurisdiction of the Public Utilities Commission of the State of California.
D. Fruit trees. Fruit tree(s) as herein defined, in any zoning district.
E. Eucalyptus trees. All trees of the genus Myrtaceae.
F. Developed single-family residential. Any tree located on developed single-family residential
property except as specified in Section 21.32.050.
21.32.070 - Tree Removal Permit/Application Requirements
A. Application information. Applications for a tree removal permit shall be available from and filed
with the Community Development Department and shall contain the following information, unless
waived by the Community Development Director:
1. A written explanation of why the tree(s) should be removed;
2. Photograph(s) of the tree(s);
3. Arborist report, prepared by a Certified Arborist;
4. Signature of the property owner and homeowners association (when applicable) also proof of a
vote of the homeowners association;
5. Replanting plan (See Section 21.32.100);
6. Other information deemed necessary by the Community Development Director to evaluate the
tree removal request;
7. Permit fee, where applicable.
B. Additional application requirement for all properties except developed R-l. Applications for a
tree removal permit on all properties except developed single-family residential properties shall
include a tree survey plan indicating the number, location(s), variety or species, and size(s) (measured
four feet above grade) of tree( s) to be removed.
21.32.080 - Determination on Permit
A. General criteria. The approval authority shall approve a tree removal permit only after making at
least one ofthe following findings:
1. Diseased or danger of falling. The tree or trees are irreparably diseased or presents a danger of
falling that cannot be controlled or remedied through reasonable preservation and/or preventative
procedures and practices such that the public health or safety requires its removal.
2. Potential damage. The tree or trees can potentially cause substantial damage to existing or
proposed main buildings (e.g., dwellings or other main buildings) or interfere with utility services
and cannot be controlled or remedied through reasonable relocation or modification of the
structure or utility services.
3. Economic enjoyment and hardship. The retention of the tree(s) restricts the economic
enjoyment of the property or creates an unusual hardship for the property owner by severely
limiting the use of the property in a manner not typically experienced by owners of similarly
zoned and situated properties, and the applicant has demonstrated to the satisfaction of the
approval authority that there are no reasonable alternatives to preserve the tree(s). A minor
reduction of the potential number of residential units or building size due to the tree location does
not represent a severe limit of the economic enjoyment of the property.
B. Additional recommendations. The approval authority may refer the application to another
department or commission for a report and recommendation.
C. Inspections and permit availability. City staff shall have the authority to conduct on-site
inspections of all trees proposed for removal. If a tree removal permit is approved the permit shall be
on-site at all times prior to and during the removal of a tree and/or shall be made available to any City
official at the site, upon request.
D. Action. Based on the criteria outlined in this section, the approval authority shall either; approve,
conditionally approve or deny the application. Conditions of approval may include any of the
following:
I. Revisions to development plans to accommodate existing trees; or
2. Replacement trees of a species and size planted at locations designated by the approval authority
in compliance with Section 21.32.100, (Replacement Trees); or
3. Payment of an in-lieu fee in compliance with Section 21.32.110 (Site Limitations/In-Lieu Fee for
Replacement); or
4. A combination of replacement trees and in-lieu fees that in total provide for the number of
replacement trees required by this Chapter.
21.32.090 - Approval Authority and Permit Process
A. Tree removal requests filed independent of development applications.
1. Approval authority. The Community Development Director is the approval authority for tree
removal requests, except for heritage trees, filed independent of a development application.
2. Notice and decision. The notice and decision for a tree removal request filed independently of a
development application shall be subject to the administrative decision process as prescribed in
Chapter 21.72 (Administrative Decision Process).
3. Appeals. A decision of the Community Development Director may be appealed in compliance
with Chapter 21.62 (Appeals).
B. Tree removal requests filed with a development application.
1. Approval authority. The approval authority for tree removal requests filed in conjunction with a
development application shall be the same approval authority as established for the
accompanying development application.
2. Concurrent filing. All tree removal requests associated with a development application shall be
filed concurrently with the development application and shall be subject to any required public
hearing for the development application subject to the provisions of Chapter 21.64 (Public
Hearing). .
C. Heritage tree removal requests. Notwithstanding any other provision of this section, the following
provisions shall apply to requests for removal of heritage trees:
1. Requests filed independent of development applications. The historic preservation board is
the approval authority for tree removal requests for heritage trees filed independent of a
development application.
2. Requests filed in conjunction with a development application. The approval authority for
heritage tree removal requests filed in conjunction with a development application shall be the
same approval authority as established for the accompanying development application. Prior to
the hearing before the approval authority, requests to remove heritage trees filed in conjunction
with a development application shall be referred to the historic preservation board that shall make
. a recommendation to the approval authority.
3. Public hearing. A public hearing by the approval authority is required for all heritage tree
removal requests in compliance with the provisions of Chapter 21.64 (Public Hearing).
D. Final decision/timing of tree removal. No tree for which a tree removal permit is required shall be
removed until all conditions of the permit have been satisfied and the decision has become final. In
addition, tree or trees approved for removal in conjunction with a development application shall not
be removed prior to the issuance of building permit or unless all of the conditions of approval of the
development application are satisfied.
Table 3-4
TREE TYPE AND PERMIT PROCESS SUMMARY
SIZE TREE
I'ROTEC'rE])~
Tree removal requests on
all properties (except R-
13 ) not in conjunction
with a development
a Iication.
Tree removal requests on
R_13 not in conjunction
with a development
application
Tree removal requests on
all properties in
conjunction with a
development application
Heritage tree removal
requests in all zoning
districts (not in
conjunction with a
development
a Iicationt
Heritage tree removal
requests in all zoning
districts (in conjunction
with a development
a licationt
Trees required as a
Condition of a
Development A proval
Any tree except
fruit trees5 and trees
of the
genus Myrtaceae6
Trees of the
species:
Oaks (Quercus)
Cedars (Cedrus)
Ash (Fraxinus)
Redwoods
(Se uoia)
Any tree except
fruit trees5 and trees
of the
genus Myrtaceae6
Any Heritage tree
Any Heritage tree
Any tree required to
be retained or
lanted
12-inch diameter
(38-inch
circumference)
12-inch diameter
(38-inch
circumference)
None specified
None specified
N one required
Community
Development Director
Planning
Commission
: Community
Development Director
Planning
Commission
Planning Commission
or
Ci Council
Historic Preservation
Board
Planning
Commission
Planning Commission
or
City Council
Planning
Commission
Community
Development Director
Planning
Commission
Notes:
I Minimum size and greater - measured four feet above grade adjacent to the trunk.
2 Appeals shall be filed in writing to the City Clerk within 10 calendardays from the decision on the permit.
3 Developed single family residential property zoned R-I or Planned Development.
4 Includes any development application that requires Planning Commission or City Council approval, except development applications not
involving addition of new single family units in R-I or Planned Development Single Family developments (e.g. fence exception or use permit).
Applications for removal of Heritage Trees in conjunction with a development application shall first be referred to the Historic Preservation
Board (HPB) for a recommendation.
S Fruit trees, defined in Chapter 21.56 as any tree that has the characteristic of bearing edible fruit, common to commercial production varieties
including but not limited to stone fruits e.g. prunes, peaches etc., citrus e.g. lemons, oranges, nut .varieties e.g. almonds, English walnut (except
for California Black Walnut), Peppers (Schinus), and Olives (Oleaceae), etc. A "fruit tree" shall not mean any tree that bears a fruit or nut
produced primarily as seed, (e.g. oaks, pines etc.).
6 Any variety of eucalyptus tree.
21.32.100 - Replacement Trees
A. Number and size of replacement trees. The minimum number and size of replacement trees shall
be based on the number, size, and species of trees requested to be removed. The species of
replacement tree(s) shall continue the diversity of trees found in the community.
The minimum guidelines for tree replacement are as follows:
Replacement Tree Requirements
Table 3-5
Trunk Size of Removed Tree
measured at 4 feet above rade
Diameter Circumference
(in inches) (in inches)
12 to 24 38 to 75
eater than 24 eater than 75
Heritage Trees
Number of
re lacement trees
1
1
1
24 inch box
36 inch box
48 inch box
B. Replanting plan. A replanting plan shall be made a requirement of the tree removal permit, and is
subject to approval by the approval authority prior to issuance of the tree removal permit unless an in-
lieu fee in compliance with Section 21.32.110 (Site Limitations/In-Lieu Fee for Replacement) is
approved by the approval authority. The replanting plan shall be subject to the following:
I. The replanting plan shall include a site plan of the subject property with the location and species
ofthe proposed replacement trees.
2. All replacement trees required by the approved replanting plan shall be obtained and planted at
the expense of the applicant.
3. If the tree removal request was filed in conjunction with a development application, in
compliance with Section 21.32.090, all replacement trees shall be installed prior to the issuance
of a Certificate of Occupancy for the development.
4. If the tree removal request was not filed in conjunction with a development application all
replacement trees shall be installed within 30 days from the date the tree removal permit is issued.
5. City staff shall be allowed to enter the property to verify the installation of the replacement trees.
6. The Community Development Director shall have the authority to approve an increase in the
number of the on-site replacement trees and reduce the required size of the trees for developed
single-family residential properties, when appropriate. .
C. Maintenance bond. The approval authority may require a faithful performance bond, maintenance
bond or other security deposit when tree replacement is required by this Chapter. The bond shall be
in an amount of money and for a period of time determined by the Community Development Director
to ensure acquisition and proper planting and maintenance of the replacement trees. The bond shall
be paid to the City prior to the issuance of the tree removal permit.
21.32.110 - Site Limitations/In-lieu Fee for Replacement
A. Site limitations. If the site layout cannot reasonably accommodate the number of trees required in
compliance with the replacement ratios and/or tree spacing consistent with standard forestry practices,
the approval authority shall either:
1. Approve an increase in the size of the on-site replacement trees and reduce the number of trees
required. The quantity and quality of the replacement trees shall be sufficient to produce a
reasonable tree canopy for the size of the lot; or
2. Require payment of an in-lieu fee in compliance with Subsection (B) of this section for the
required number of trees or any portion thereof.
B. In-lieu fee. Payment of a fee shall be made to the City for tree planting elsewhere in the community
should on-site location of the replacement trees not be possible, subject to the following:
1. The in-lieu fee will be based on the fair market value of the number of trees required by Section
21.32.100 for the same or equivalent species, delivered and installed, as determined by the Public
Works Director.
2. The fees will be used to purchase trees that will be planted within the public right-of-way or on
other public property as directed by the Public Works Department.
3. Payment of the in-lieu fee shall be made prior to issuance ofthe tree removal permit.
21.32.120 - Delegation of Functions
The Community Development Director may delegate any or all of the administrative duties authorized by
this article to one or more staff members.
21.32.130 - Heritage Tree Designations
A. Applications. Applications for designation of a heritage tree on private or public property may be
initiated by any person subject to the property owners' written consent. The applicant requesting
heritage tree designation shall submit an application in compliance with instructions provided by the
Community Development Director and shall include the following:
1. Assessor's parcel number of the site;
2. Description detailing the proposed heritage tree's special aesthetic, cultural, or historic value of
community interest;
3. Photographs of the tree(s).
B. Historic Preservation Board review. The historic preservation board shall conduct a review of the
proposed heritage tree, based upon the information or documentation as it may require from the
applicant, a commission, staff or from other available sources. A tree may be designated as a heritage
tree upon a finding that it is unique and important to the community due to any of the following
factors:
1. It is an outstanding specimen of a desirable species;
2. It is one of significant age and/or girth in Campbell;
3. It has cultural, educational, economic, agricultural, social, indigenous, or historical heritage of the
City.
C. Historic Preservation Board hearing. The historic preservation board shall hold a public hearing.
on any proposed designation within 30 days after the application is deemed complete and shall render
a decision to approve, deny, or continue the hearing for more information.
D. Recordation of heritage tree designation. If the heritage tree designation is approved, the City shall
record the designation with the County Recorder's Office and a copy shall be provided to the property :
owner and the Community Development Department. A listing of designated heritage trees and their
locations shall be listed on the historic resources inventory and maintained by the Community
Development Department.
E. Posting and notice. Hearings for heritage tree designation shall be subject to public hearing notice
procedures specified in Chapter 21.64 (Public Hearings). In addition, the Community Development.
Department shall post the site or tree under consideration 10 calendar days prior to the hearing date
with a sign setting forth the nature of the application and the date, time and place of the hearing.
21.32.140 - Appeals
A. Appeals. Any person aggrieved by a decision of the approval authority as specified in this Chapter
may appeal a decision in compliance with Chapter 21.62 (Appeals).
B. Decisions on appeals. No decision made in compliance with this Chapter shall be final until all
appeal rights have expired. All applicable hearings shall be public hearings subject to Chapter 21.64 .
(Public Hearings).
21.32.150 - Tree Technical Manual
The Community Development Department shall prepare a "Tree Technical Manual." The tree technical
manual shall include information to assist implementation of this Chapter (e.g., tree removal permit, tree
disclosure statement, standards for protection of trees during construction and/or demolition, pruning
standards, tree protection and maintenance standards).
21.32.160 - ViolationslPenalties
A. The violation of any provision contained in this Chapter shall be punishable as prescribed in Chapter .
21.70 (Enforcement). In addition thereto, any person unlawfully removing or destroying any tree
without a permit shall be subject to the following:
1. Tree replacement penalty. Replacement trees shall be planted at a minimum of two times the
replacement ratio described in Section 21.32.100 for trees unlawfully removed from developed
single family residential. Replacement trees shall be planted at a minimum of four times the
replacement ratio described in Section 21.32.100 for tree unlawfully removed from all other
properties. The exact replacement ratio shall provide, in the opinion of the Community
Development Director, an equivalent aesthetic quality that shall be based on the size, height,
location, appearance, and other characteristics ofthe unlawfully removed tree.
2. Payment for value of unlawfully removed tree(s). Where replacement trees will not provide
equivalent aesthetic quality because of the size, age, or other characteristics of the unlawfully
removed tree, the Community Development Director shall estimate the value of the removed tree
using the latest edition of The Guide for Establishing Values of Trees and Other Plants, prepared
by the Council of Tree and Landscape Appraisers, as a resource. Upon the determination of the
value, the Community Development Director, may require a cash payment to the City to be added
to a street tree fund for the cost of purchasing trees for installation within the public right-of-way
or on other public property as directed by the public works department.
3. Combination of cash payment and tree replacement. If the site layout cannot reasonably
accommodate the required number of trees in compliance with the tree replacement penalty ratios
and/or tree spacing consistent with standard forestry practices, the Community Development
Director may approve a combination of a cash payment either in whole or in part and a portion of
the replacement trees in compliance with this section. The cumulative value of the cash payment
and the replacement trees shall be equivalent to the monetary, aesthetic, and environmental value
of the unlawfully removed tree.
21.32.170 - No Liability Upon City
Nothing in this Chapter shall be deemed to impose any liability upon the City or upon any of its officers
or employees, nor relieve the owner or occupant of any private property from the duty to keep in safe
condition any trees upon his/her property or upon a public right-of-way over his/her property.
CHAPTER 21.34 - WIRELESS TELECOMMUNICATIONS
FACILITIES
Sections:
21.34.010 - Purpose
21.34.020 - Definitions
21.34.030 - Pennits Required
21.34.040 - Pre-Application
21.34.050 - Submittal Requirements
21.34.060 - General Standards
21.34.070 - Location of Wireless Telecommunications Facilities
21.34.080 - Preferred Antenna Siting and Mounting Techniques
21.34.090 - Visual
21.34.100 - LandscapingIV egetation
21.34.110 - Public Safety and Traffic
21.34.120 - Noise and Heat and Odor Transmissions
21.34.130 - Minimum Perfonnance Standards
21.34.140 - Fa~ade Mounted Wireless Telecommunications Facilities
21.34.150 - Roof Mounted Wireless Telecommunications Facilities
21.34.160 - Ground Mounted Wireless Telecommunications Facilities
21.34.170 - Free-Standing Monopoles
21.34.180 - Co-Location of Wireless Telecommunications Facilities
21.34.190 - Base Transceiver Stations, Equipment Cabinets and Associated Buildings
21.34.200 - Implementation and Monitoring Costs
21.34.210 - Transfer of Operation
21.34.220 - Complaints and Proceedings
21.34.230 - Revocation of Penn it
21.34.010 - Purpose
The purpose and intent of this ordinance is to provide a unifonn and comprehensive set of standards for
the orderly development of personal wireless telecommunications facilities consistent with applicable
Federal standards. The standards contained in this ordinance are designed to minimize the adverse visual
impacts and operational effects of these facilities using appropriate design, siting and screening
techniques while providing for the personal communications needs of residents, local business and
government of the City and the region.
21.34.020 - Definitions
As used in this Chapter, the following terms shall have the meaning set forth below, unless the context
clearly dictates a different meaning.
American National Standards Institute (ANSI). A private organization that develops widely accepted
standards for various modem day equipment.
American National Standards Institute/Institute of Electrical and Electronic Engineers Report
(ANSI/IEEE). The current version of the ANSI standard governing human exposure to RFR. The full
title of the C95.1-1992 of the ANSI RFR standard is "Safety Levels with Respect to Human Exposure to
Radio Frequency Electromagnetic Fields, 3 Khz to 300 Ghz."
Antenna. A device or system of wires, poles, rods, dishes, discs or similar devices used for the
transmission and/or receipt of electromagnetic waves.
Analog. A signal that is continuous and varies in voltage to reflect variations to a certain extent (e.g.,
loudness).
Base Transceiver Station (BTS). The electronic equipment housed in cabinets that together with
antennas comprises a PCS facility or "site". The cabinets include an air conditioning unit, heating unit,
electrical supply, telephone hook-up and back-up power supply.
California Public Utility Commission (CPUC). The state level regulatory agency responsible for
regulating wireless telecommunications.
Cell. The coverage area through which wireless receiving and transmitting equipment from a particular
cell site successfully propagates.
Cell site. A parcel of real property on which a wireless telecommunications facility is to be located.
Cellular service. A wireless transmission technology that uses a grid of antennas or cell sites to send and
receive signals from mobile telephones and has been licensed by the Federal Communications
Commission to operate in the 800 to 900 MHz frequency band.
Co-location. A wireless telecommunications facility comprising a single telecommunications tower,
monopole or building supporting antennas owned or used by more than one wireless telecommunications
carrier.
Community development director. The Director of Community Development or his or her authorized
representative.
Digital. Digital signal, which is a nominally discontinuous electrical signal that changes from one state to
another in discrete steps.
Effective radiated power (ERP). The amount of power emitted by an antenna.
Electro-magnetic field (EMF). The local electric and magnetic fields that envelop the surrounding
space. The most ubiquitous source of electromagnetic fields is from the movement and consumption of
electric power, (e.g., transmission lines, household appliances and lighting).
Enhanced Specialized Mobile Radio (ESMR). A wireless telecommunication system that utilizes
digital technology and has been licensed by the Federal Communications Commission to operate in the
800 to 900 MHz frequency band.
Facade mounted antenna. An antenna that is directly attached or affixed to any facade of building.
Federal Communications Commission (FCC). The federal agency responsible for licensing and
regulating wireless telecommunications providers. The agency has primary regulatory control over
communications providers through its powers to control interstate commerce and to provide a
comprehensive national system in compliance with the Federal Communications Act.
Frequency. The number of cycles made by electromagnetic radiation in one second, usually expressed in
units of hertz (Hz).
Gigahertz (Ghz). See "Hertz".
Ground mounted. An antenna with its support structure placed directly on the ground.
Hertz. A term for expressing frequency, which is the number of times a wave-like radio signal changes
from maximum positive to maximum negative charge per second. It is abbreviated as Hz.
I hertz (Hz) =1 cycle per second;
I kilohertz (kHz) =1,000 Hz;
1 megahertz (MHz) =1,000 kHz or 1,000,000 Hz;
I gigahertz (GHz) =1,000 MHz or 1 million kHz
or 1 million kHz
or billion Hz.
Ionizing radiation. Electromagnetic energy above visible light. Includes ultraviolet, nuclear, or
radioactive emissions, x-rays, and gamma rays.
Lattice tower. An open steel frame structure used to support wireless telecommunications equipment.
Megahertz (MHz). See Hertz.
Microwave. That portion of the radio spectrum between 950 MHz and 30,000 MHz.
Monopole. A structure composed of a single spire used to support communications equipment.
National Council on Radiation Protection and Measurements (NCRP). A quasi-governmental entity
created to examine RFR exposure level guidelines.
Non Ionizing Electromagnetic Radiation (NIER). Low energy and low frequency electro-magnetic
energy, including visible light, television pagers, AM/FM radio, Cellular systems, Enhanced Specialized
Mobile Radio (ESMR) systems, and Personal Communications Services (PCS) systems.
Omni-directional. An antenna that is equally effective in all directions, the size of which varies with the
frequency for which it is designed.
Panel antenna. An antenna or array of antennas designed to concentrate a radio signal in a particular
area. Panel antennas are typically flat, rectangular, long devices generally six square feet in size, although
some technologies utilize larger panel antennas. Also known as directional antennas.
Personal Communications Services (PCS). A common carrier radio service licensed by Federal
Communications Commission to operate in the 900 and 1,850 to 1,990 MHz frequency bands.
Radio Frequency Radiation (RFR). Electromagnetic radiation in the portion of the spectrum from 3
kilohertz to 300 gigahertz.
Roof mounted. An antenna directly attached or affixed to the roof of an existing building, water tank,
tower, or structure other than a telecommunications tower. This type of installation is sometimes called a
freestanding roof mounted antenna.
Service provider. A wireless telecommunications provider, a company or organization, or the agent of a
company or organization that provides wireless telecommunications services.
Specialized Mobile Radio (SMR). Equivalent to private versions of cellular radio systems.
Stealth facility. Any communications facility that is designed to blend into the surrounding environment,
and is visually unobtrusive. Examples of stealth facilities may include architecturally screened roof-
mounted antennas, facade mounted antennas painted and treated as architectural elements to blend with
the existing building. Also known as concealed telecommunications facilities.
Telecommunications. Any transmission, emission or reception of signals, images and sound or
information of any nature by wire, radio, visual or electro-magnetic system that work on a "line-of-sight"
principle.
Telecommunication tower. A monopole, lattice tower, free standing tower or other structures designed
to support antennas.
Visual impact. The placement or design of an antenna or the associated equipment and/or buildings so
that they are not screened or shielded or are otherwise visible and are likely to be noticed by a person of
average height walking on a street or sidewalk or standing on private property, or driving or riding in a
vehicle.
Whip antenna. An antenna that transmits signals in 360 degrees. Whip antennas are typically
cylindrical in shape. They are also known as omni-directional, stick or pipe antennas.
Wireless telecommunications facility. A land use facility supporting antennas that sends and/or receives
radio frequency signals. Wireless telecommunications facilities include antennas and all other types of
equipment for the transmission or receipt of the signals; telecommunication towers or similar structures
built to support the equipment; equipment cabinets, Base Transceiver Stations, and other accessory
development. Also referred to as a Telecommunication Facility.
Wireless telecommunications provider. Any company or organization that provides or who represents
a company or organization that provides wireless telecommunications services.
Zoning districts.
1. Commercial/Industrial zone shall mean the P-O, C-I, C-2, C-3, C-M, M-I, M-I-A and
Commercial and Industrial P-D zoning districts.
2. Residential zone shall mean the R-l, R-D, R-M, R-2, R-3 and residential P-D zoning districts.
3. Publicly Owned shall mean publicly-owned land, rights-of-way or structures located in all
zoning districts.
4. Mixed-Use shall mean any building or use that combines residential uses with commercial or
industrial uses.
5. Sites located in any district not enumerated above shall require the approval of a Use Permit.
21.34.030 - Permits Required
A. Permit required. Wireless telecommunications facilities shall not be installed or erected except
upon approval of a Use Permit or an Administrative Site and Architectural Review Permit as set forth
below.
B. Permit type. Table 3-6 identifies the type of permit required in each zoning classification for each
type of facility:
Table 3-6
Wireless Telecommunications Facilities-Required Permit Matrix
Zonin Districts
Type of Permit Residential Commercial and Publicly Owned All Other
Required Zoning Districts Industrial Zoning Property
and Mixed Use Districts
projects with
residential uses
Use Permit Freestanding Freestanding Monopole Freestanding Monopole Freestanding Monopole
Monopole Facade Mounted Facade Mounted Facade Mounted
Facade Mounted Roof Mounted Roof Mounted Roof Mounted
Roof Mounted Ground Mounted Ground Mounted Stealth Facility
Stealth Facility Other types of facilities Other types of facilities Ground Mounted
Ground Mounted Other types of facilities
Other types of
facilities
Administrative Stealth Facility Stealth Facility
Site and Stealth Co-location Stealth Co-Location
Architectural
Review Permit
C. Co-location. Stealth co-location facilities can be approved with an Administrative Site and
Architectural Review Permit. Non-stealth co-location facilities require approval of a Use Permit.
D. Conflicting provisions. Use Permits and Administrative Site and Architectural Review Permits shall
be processed in compliance with Chapters 21.42 and 21.46, respectively, in compliance with the
provisions of this Chapter. In the event of any conflict between the provisions of this Chapter and the
provisions of Chapters 21.42 or 21.46, the provisions of this Chapter shall be controlling.
E. Findings. In approving or denying any permit required by this Chapter, written findings shall be
made for the particular permit sought setting forth the factual basis for the decision.
F. Conditions. In approving an application, the City may impose conditions, as it deems appropriate or
necessary to further the purposes of this Chapter, including, but not limited to, requiring the redesign
or relocation of the facility. Alternatively, the City may direct the applicant to redesign or relocate
the facility and resubmit a revised proposal for further consideration.
G. Personal wireless telecommunication services not prohibited. Notwithstanding anything
contained in this Chapter to the contrary, no decision made in compliance with this Chapter shall have
the effect of prohibiting the provision of personal wireless services in the City.
21.34.040 - Pre-Application
A pre-application is strongly recommended for all wireless telecommunication proposals. The pre-
application should include a map of the geographic service area, the geographic area where an antenna
site could be located, a site plan, architectural drawings illustrating the visual impacts of the project, and
the purpose for choosing the subject site.
21.34.050 - Submittal Requirements
Information to be provided. For all wireless telecommunications facilities, the applicant shall provide
the information listed below. Application for a wireless telecommunications facility shall be made upon a
form to be provided by and shall be submitted to the Community Development Department. The number
and size of plans shall be determined by the Community Development Director, who may waive certain
submittal requirements or require additional information based on specific project factors:
A. Proposed wireless telecommunications facility plans.
1. Site plan. Provide a site plan, drawn to a measurable scale, showing the metes and bounds of the
property, showing the location of existing features of the site including existing structures, roads,
landscaping, trees and other significant natural features. The site plan shall also show the
location of each new structure to be located on the site including telecommunications antennas,
base transceiver stations, equipment cabinets and buildings and appurtenant structures including
screening;
2. Elevations. Provide elevations of all proposed telecommunication structures and appurtenances
and composite elevations from the street of all structures on site;
3. Colored elevations. Colored renderings or perspectives of the street elevation and any other
elevation that will be visible from public view. A sample of colors and materials is required at
the time of application submittal;
4. Section drawings. If applicable, section drawings shall be provided to show the
foundations/footings of new structures and how they affect existing conditions, including
landscaping;
5. Visual impact demonstrations. Using photo-simulations, photo-montage, story poles,
elevations or other visual or graphic illustrations, provide a visual impact demonstration to
determine potential visual impact including proper coloration and blending ofthe facility with the
proposed site. If the installation is located where it is visible to the public, identify what elements
of the proposed facility (including screening) can be viewed by the public;
6. Landscape plan. Provide a landscape plan that shows existing vegetation, indicating any
vegetation proposed for removal, and identifying proposed plantings by type, size, and location.
If deemed necessary by the Community Development Director, an arborist's report may be
required to verify that the existing landscaping will not be adversely affected by the installation of
the facility. The arborist's report may recommend protective measures to be implemented during
construction;
7. Miscellaneous and appurtenant structures. Show all facility- related support and protection
measures to be installed. This includes, but is not limited to, the location(s) and method(s) of
placement, support, protection, screening, paint and/or other treatments of the antennas, base
transceiver stations, equipment cabinets and buildings, cables, and other appurtenances to ensure
public safety, ensure compatibility with urban design, architectural and historic preservation
principles, and harmony with neighborhood character;
8. Other wireless telecommunication facilities. A plan showing telecommunication facilities of
all wireless telecommunications service providers within 1,000 feet of the proposed site including
facilities located outside Campbell, if applicable.
B. Narrative.
1. Antennas. List the number of antennas and base transceiver stations and/or equipment cabinets
and buildings per site by your carrier and, if there are other installations on a site, list the number
by each carrier;
2. Location. Describe the location and type of antenna installations (stand alone rooftop, rooftop
attached to a mechanical penthouse or building facade) and location of the base transceiver
station(s), equipment cabinets and/or buildings;
3. Height. List the height from nearest adjacent grade to the top of the antennas installation(s);
4. Radio frequency. List the Radio Frequency range in Megahertz and list the wattage output of
the equipment;
5. FCC compliance. Provide a description stating that the system, including the antennas and
associated base transceiver stations, equipment cabinets and buildings, conform to the radio-
frequency radiation emission standards adopted by the FCC;
6. Maintenance. Provide a description of the anticipated maintenance and monitoring program for
the antennas and back-up equipment, including frequency of maintenance services, back-up
service plans for disruption of service due to repair, testing, maintenance or monitoring activities;
7. Environmental assessment. Provide sufficient information to permit the City to make any
required determination under the California Environmental Quality Act (CEQA);
8. Noise/acoustical information. Provide noise and acoustical information for the base transceiver
stations, equipment buildings and associated equipment (e.g., air conditioning units and back-up
generators);
9. Site selection process. Provide a description explaining the site selection process including
information about other sites that were considered and reasons for their rejection. In addition,
carriers shall demonstrate that facilities have been designed to attain the minimum height required
from a technological standpoint for the proposed site.
C. Geographic service area. Identify the geographic service area for the subject installation, including
a map showing the site and the associated "next" cell sites within the network. Describe the distance
between cell sites. Describe how this service area fits into and is necessary for the company's service
network. Illustrate the geographic area in which the facility could be located showing all other sites
that could be used for antenna location.
D. Preferred location sites. Each application shall identify the locational preference, listed in Section
21.34.0.70, that the proposed facility is meeting. If the proposed location is not a preferred location,
describe what preferred location sites are located within the geographic service area. Provide a list (by
address. with Assessor's Parcel Number information) and a map at I :200 scale of all buildings/sites
within the service area; what good faith efforts and measures were taken to secure each of these
preferred location sites; describe why each site was not technologically, legally or economically
feasible and why the efforts were unsuccessful; and how and why the proposed site is essential to
meet service demands for the geographic service area and the Citywide network.
E. Preferred mounting technique. Each applicant shall identify the antenna mounting preference,
listed in Section 21.34.080, the proposed facility is meeting. If the proposed mounting technique is
not a preferred technique, describe what other mounting techniques are possible given the geographic
service area. Provide a list (by address with Assessor's Parcel Number information) and a map at
1 :200 scale of all the buildings/sites within the service area; what good faith efforts and measures
were taken to secure each of these preferred mounting locations/sites; describe why each site was not
technologically, legally or economically feasible and why the efforts were unsuccessful; and how and
why the proposed site is essential to meet service demands for the geographic service area and the
Citywide network.
F. Five-year plan. Provide a map showing how the proposed facility fits into the individual service
provider's network of existing and proposed antenna sites. Each application shall include as-year
facilities plan. The 5-year plan shall include:
1. Type of technology. A written description of the types of technology to be provided to its
customers over the next five years, (e.g., Cellular, PCS, ESMR);
2. Radio frequencies. A description of the radio frequencies to be used for each technology;
3. Services. The type of consumer services (voice, video, data transmission) and consumer products
(mobile phones, laptop PC's, modems) to be offered;
4. All facilities. Provide a list of all existing, existing to be upgraded or replaced and proposed cell
sites within the City for these services by your company;
5. List of information. Provide a list of the 5-year cell sites, with the following information:
a. List the cell sites by address and Assessors Parcel Number;
b. The Zoning District in which the site is located;
c. The type of building and the number of stories;
d. The name of the carrier (your company);
e. The number of antennas and base transceiver stations, equipment cabinets and buildings per
site by your carrier and, if there are other installations on a site, list the number by each
carner;
f. Describe the location and type of antenna installation (stand alone rooftop, rooftop attached
to a mechanical penthouse or building facade) and location of the base transceiver station,
equipment cabinets and buildings;
g. List the height from grade to the top of the antenna installation( s), the radio frequency range
in megahertz and the wattage output of the equipment;
6. Undetermined location. If specific cell site location(s) are unknown, list the Assessor's Blocks,
zoning designation and maximum height of the zoning districts contained within the geographic
service area you anticipate for each City neighborhood and identify each geographic service area
with a number that will correspond to the future cell site (e.g., site I, site 2);
7. Five-year map. Using the City Zoning Map as a base, show the 5-year cell sites. If individual
properties are not known, show the geographic service areas of the cell sites.
G. Cumulative effects. Identify the location of the applicant's antennas and back up facilities per
building and number and location of other wireless telecommunication facilities on and near the
property; include the following:
1. Height. The height of all existing and proposed wireless telecommunications facilities on the
property, shown in relation to the height limit for the zoning district and measured from grade;
2. Antennas. The dimensions of each existing and proposed antenna, base transceiver station,
equipment cabinet and associated building and back-up equipment on the property;
3. Power rating. The power rating for all existing and proposed back-up equipment subject to the
application;
4. Ambient radio frequency. A report estimating the ambient radio frequency fields for the
proposed site; .
5. Total watts. The total number of watts per installation and the total number of watts for all
installations on the building (roof or side);
6. Facilities within 100 feet. The number and types of wireless telecommunication facilities within
100 feet of the proposed site and provide estimates of the cumulative electro magnetic radiation
emissions at the proposed site.
H. Other permit requirements. The application information required by Title 21 of the Campbell
Municipal Code for the particular permit sought by the applicant.
I. Fees. Payment of all filing fees and fees for processing and monitoring the permit application as
established by the City Council.
J. Independent review. The Community Development Director is explicitly authorized, at hislher
discretion, to employ on behalf of the City an independent technical expert to review any technical
materials submitted including, but not limited to, those required under this section and in those cases
where a technical demonstration of unavoidable need or unavailability of alternatives is required. The
applicant shall pay all the costs of said review including any administrative costs incurred by the City
at the time the application is filed. Any proprietary information disclosed to the City or the expert
hired shall remain confidential and shall not be disclosed to any third party.
K. Additional information. The Community Development Director may require the applicant to
submit additional documentation prepared at the applicant's cost which the Community Development
Director deems necessary to. evaluate the proposed site or facility, including but not limited to,
identifying locations where a facility can be installed without prohibiting the service provider's ability
to provide its telecommunications service, information concerning the applicant's network of
telecommunications facilities, site selection criteria and radio frequency emission coverage.
21.34.060 - General Standards
A. Community development director's discretion. In any instance where a telecommunications
facility requires an Administrative Site and Architectural Review Permit under this ordinance, the
Community Development Director shall have the discretion to alternatively require a Use Permit if.
the Community Development Director finds that the proposed project will have a substantial effect on
the surrounding area or is of sufficient size to warrant the consideration of the Planning Commission.
B. Cessation of operations. The service provider shall provide written notification to the Community
Development Director upon cessation of operations on the site exceeding a 90-day period. The
service provider shall remove all obsolete or unused facilities from the site within 180 days of
termination of its lease with the property owner or cessation of operations, whichever comes earlier.
C. New permit required. If a consecutive period of 180 days has lapsed since cessation of operations, a
new permit shall be required prior to use or reuse of the site.
D. Impact on parking. The installation of wireless telecommunication facilities shall not reduce
required parking on the site.
E. Length of permit term. Use Permits and Site and Architectural Review Permits for all wireless
telecommunications facilities shall expire five years after permit approval. Site and Architectural or
Use Permits for wireless telecommunications facilities that exist on the effective date of the ordinance
shall expire five years from that date or upon expiration of the permit term, whichever is earlier.
F. Existing facilities. At the time an application is submitted to allow an existing facility to remain, the
Community Development Director shall determine if the design or changes in design, location or
configuration allow review as a Stealth Facility in compliance with Section 21.34.030. If so, the
application may be approved administratively as an Administrative Site and Architectural Review
Permit and shall comply with the provisions of this Chapter. Applications which do not meet the
definition of Stealth Facilities shall be reviewed for approval of Use Permit by the Planning
Commission. All applications shall be reviewed for compliance with the requirements of this
Chapter.
G. Security required. Prior to issuance of any permits for new wireless telecommunications facilities,
or prior to renewing a Use Permit or a Site and Architectural Review Permit for an existing wireless
telecommunications facility, the applicant shall provide an irrevocable letter of credit or other
reasonable form of security, satisfactory to the City Attorney, in an amount reasonably sufficient to
cover the cost of removal, for the removal of the facility in the event that its use is abandoned or its
Use Permit or Site and Architectural Review Permit expires or is terminated and the equipment is not
voluntarily removed.
H. Upgrading of facility required. If technological improvements or developments occur which allow
the use of materially smaller or less visually obtrusive equipment, the service provider will be
required to replace or upgrade the approved facility upon application for a new Use Permit
application to minimize adverse effects related to land use compatibility, visual resources, public
safety or other environmental factors.
I. Business license required. Each service provider with a wireless telecommunications facility in the
City shall obtain a City Business License.
21.34.070 - Location of Wireless Telecommunications Facilities
Location preference for wireless telecommunications facilities should be given to:
A. Industrial or commercial sites;
B. Facilities attached or sited adjacent to existing structures. Appropriate types of existing structures
may include, but not be limited to; buildings, telephone and utility poles, signage and sign standards,
traffic signals, light standards and roadway overpasses.
C. Sites that are not highly visible from adjacent roadways.
21.34.080 - Preferred Antenna Siting and Mounting Techniques
The following antenna and equipment siting and mounting techniques are preferred:
A. Facade mounted antenna that meet the visual requirements specified below.
B. Monopole antennas that utilize stealthing techniques.
C. Roof mounted antennas that are not visible to the public.
21.34.090 - Visual
A. Minimize visual impact. All proposed wireless telecommunications facilities shall be located so as
to minimize their visual impact to the maximum extent feasible. If wireless telecommunication
facilities are to be located on architecturally significant or historic buildings or structures, all facilities
shall be integrated architecturally with the style and character of the structure or otherwise made
unobtrusive.
B. Facade mounted. Facade-mounted antennas shall be integrated architecturally with the style and
character of the structure or otherwise made as unobtrusive as possible. If possible, antennas should
be located entirely within an existing or newly created architectural feature so as to be completely
screened from view. To the extent feasible, facade-I?ounted antennas should not be located on the
front or most prominent facade of a structure and should be located out of the pedestrian line-of-sight,
unless stealthing techniques reasonably eliminate visual impacts and designed to appear as an integral
part of the structure.
C. Equipment cabinets and associated equipment. :Whenever possible, base transceiver stations,
equipment cabinets and buildings, back-up generators, and other equipment associated with building
mounted antennas should be installed within the existing building envelope or underground. If this is
not feasible, the equipment shall be as low profile, screened, fenced, landscaped or otherwise treated
architecturally to minimize its appearance from off-site locations and to visually blend with the
surrounding natural and built environment. Equipment buildings should be designed in an
architectural style and constructed of exterior building materials that are consistent with surrounding
development and/or land use setting (if applicable) and are a visually pleasing feature.
D. Roof mounted. Roof-mounted antennas and associated equipment shall be located as far back from
the edge of the roof as technically possible to minimize visibility from street level locations. Where
appropriate, construction of a roof top parapet wall or other appropriate screening to hide the facility
may be required.
E. No advertising. No advertising signage or identifying logos shall be displayed on wireless
telecommunications facilities, except for small identification plates used for emergency notification
or hazardous or toxic materials warning.
F. Stealthing. The applicants are encouraged to consider providing architectural treatments and to use
"stealth techniques" to reduce potential visual impacts for all telecommunication facilities, and
especially for those proposed in areas easily visible from a major traffic corridor or commercial center
or in residential areas. Stealth techniques can be required as Conditions of Approval when
determined to be necessary to mitigate adverse visual impacts.
G. Colors and materials. The colors and materials of telecommunications facilities shall be chosen to
minimize the visual impact of the facilities. All telecommunications facilities shall be painted a non-
reflective matte finish color to blend with the sky and/or predominant surroundings. The exact color
shall be determined based upon a photo simulation submitted by the applicant.
H. Landscaping. Landscaping, wherever appropriate, shall be used as screening to reduce the visual
impacts of telecommunications facilities. Any proposed landscaping shall be visually compatible
with existing vegetation in the vicinity.
I. Open space. Intrusions into usable open space within the lot shall be avoided or minimized. (Ord.
1965 ~1(part), 1998).
21.34.100 - LandscapingNegetation
A. Water efficient guidelines. All landscape plans shall include an irrigation plan for all planting
necessary to meet the requirements of this Chapter, including installing or upgrading existing
irrigation systems if necessary. All landscape plans shall meet the requirements of the City's Water
Efficient Guidelines (WELS).
B. Existing landscaping. Existing trees and other screening vegetation in the vicinity of the proposed
facility and associated access-ways shall be protected from damage both during and after
construction. Submission of a Tree Protection Plan may be required to ensure compliance with this
requirement.
C. Damaged plants. Any plant material damaged during construction or as a result of the use of the
telecommunication site shall be replaced within 21 working days Of notification.
D. Performance and maintenance agreement. Where applicable, the applicant shall enter into a
landscape performance and maintenance agreement with the City to ensure the installation and
establishment of required landscaping. This agreement shall be secured by financial guarantees in an
amount equal to 150 percent of the estimated cost of materials and labor for required improvements.
The duration of the landscape maintenance agreement shall be for the length of the Use Permit term.
E. Compatibility with existing area. New vegetation shall be compatible with the predominant setting
of the project area.
F. Off-site impacts to be mitigated. Off-site landscaping may be required, subject to the property
owners' permission, to mitigate off-site visual impacts, including requiring landscaping on public
rights-of-way to immediately obscure visibility of the facilities from passing motorists and
pedestrians.
21.34.110 - Public Safety and Traffic
A. Maintenance hours restricted in residential areas. Normal maintenance activities shall only occur
between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday, in residential areas,
excluding emergency repairs, unless the carrier requests and receives approval through a Use Permit
or a Site and Architectural Review Permit for a different maintenance period.
B. Security devices. In addition to providing visual screening, each telecommunications facility may
require fencing, anti-climbing devices, electronic devices or other techniques to prevent unauthorized
access and vandalism. However, the use of fencing and protective devices shall not add to the visual
impact of the facility. The design of fencing and/or protective devices shall be subject to Community
Development Department review and approval to assure that it is either not visible, is compatible with
the adjacent structures or screened from public view.
C. Graffiti resistant. All security fencing or walls shall be designed to be graffiti-resistant. The service
provider shall be responsible for graffiti-free maintenance of all telecommunication facilities. All
graffiti shall be removed within 14 days of notification by the City.
D. No interference with emergency transmissions. The installations shall not interfere with any City
emergency service telecommunications facilities transmission.
E. Public information. Each wireless telecommunications carrier may be required to provide additional
information to the public by means of community meetings and/or distribution of relevant literature
where requested by the Planning Commission based on issues raised at the public hearing that are
likely to be of significant concern to the community.
F. Public access restricted. Antennas are to be sited in a way and barriers and signage provided to
prevent a person from passing within the safety limits established by the FCC-adopted standards for
controlled access.
21.34.120 - Noise and Heat and Odor Transmissions
A. Noise level: non-residential locations. The wireless telecommunications facility, including power
source, ventilation and cooling facility, shall not generate noise discernible to a person of normal
hearing beyond the property lines. When a wireless telecommunications facility is located on an
occupied building the noise shall not be discernible to a person of normal hearing who occupy the
facilities.
B. Noise level: locations proximate to residential uses. In no case shall noise generated on and near
residential uses exceed an exterior noise level of 65dBA or noise level audible from a residential use
with windows and doors closed an interior noise level of 45dBA.
C. Back-up generators. Backup generators shall comply with the noise standard referenced above and
shall only be operated during power outages or for testing and maintenance between the hours of8:00
a.m. and 5:00 p.m., Monday through Friday.
D. Heat generation. The wireless telecommunications facility, including power source and cooling
facility, shall not be operated so as to cause the generation of heat that adversely affects any building
occupant.
E. Odors. The testing of back-up generators shall not produce odors that adversely affect persons
occupying residential, office or commercial uses.
21.34.130 - Minimum Performance Standards
In addition to the Conditions of Approval of the Use Permit or Site and Architectural Review Permit, the
following conditions shall apply to the operation of wireless telecommunications facilities, where
applicable.
A. Warning signs. Signage shall be maintained at the facility identifying all wireless
telecommunications facility equipment and safety precautions for people nearing the equipment as
may be required by any applicable FCC-adopted standards, including the RF radiation hazard
warning symbol identified III ANSI C95.2-1982, to notify persons that the facility could cause
exposure to RF emissions;
B. Emissions conditions. It is a continuing condition of this authorization that the facilities be operated
in a manner so as not to contribute to ambient RF /EMF emissions in excess of then current FCC
adopted RF /EMF emission standards; violation of this condition shall be grounds for revocation;
c. Periodic safety monitoring. The wireless telecommunications service provider shall submit to the
Community Development Director, 10 days after installation of the facilities and every two years
thereafter, a certification attested to by a licensed engineer expert in the field of EMRIRF emissions
that the facilities are and have been operated within the then current applicable FCC standards for
RF/EMF emissions. The report shall be written in plain English;
D. Compatibility with city emergency services. The facility shall not be operated nor caused to
transmit on or adjacent to any radio frequencies licensed to the City for emergency
telecommunication services so that the City's emergency telecommunications system experiences
interference;
E. Fencing. Fencing, barriers or other appropriate structures or devices to restrict access to the facilities
shall be maintained;
F. Emergency contact. The service provider shall provide signage as required, including phone
numbers of the utility provider, for use in case of an emergency. The signs shall be visibly posted at
the communications equipment/structure;
G. Lighting. The use of lighting shall not be allowed on wireless telecommunication facilities unless
required as a public safety measure. Where lighting is used, it shall be shielded to prevent glare on
adjacent uses.
21.34.140 - Fa~ade Mounted Wireless Telecommunications Facilities
A. Type of permit. Facade mounted wireless telecommunications facilities shall be allowed in all
zoning districts and shall meet the development standards of the district in which they are proposed.
When the proposed facility is located on a commercial, industrial or publicly owned location and
meets the definition of a stealth facility, approval of an Administrative Site and Architectural Review
Permit shall be required. At the discretion of the Community Development Director, a Use Permit
may alternatively be required and the application referred to the Planning Commission where an
installation does not blend with the architectural features of the building or where the site is
considered significant and would benefit from public review. Where stealth technology is not used a
Use Permit shall be required.
B. Residential sites. Facade mounted facilities proposed for sites zoned and/or used for residential
purposes shall require a Use Permit.
C. Architectural design required. Facade mounted antennas shall be camouflaged by incorporating the
antennas as part of a design element of the building.
D. Architectural integrity. Facade mounted antennas shall be painted and textured to match the
existing structure unless used as a design element consistently throughout the building which is found
to add visual interest to the building. When used as a design element, dummy elements may be
required to be installed in order to retain the architectural integrity of the building.
E. Compatible scale. Antennas and the associated mountings shall be of a scale compatible with the
building and shall generally not project beyond a maximum of IS-inches from the face of the
building.
F. No negative visual impact. Antennas attached to building facades shall be so located, placed,
screened or otherwise treated to minimize any negative visual impact.
21.34.150 - Roof Mounted Wireless Telecommunications Facilities
A. Type of permit. Roof mounted wireless telecommunications facilities shall be allowed in all zoning
districts and shall meet the development standards of the district in which they are proposed. When
the proposed facility is located on a commercial, industrial or publicly owned location and meets the
definition of a stealth facility, approval of an Administrative Site and Architectural Review Permit
shall be required. At the discretion of the Community Development Director, a Use Permit may
alternatively be required and the application referred to the Planning Commission where an
installation does not blend with the architectural features of the building or where the site is
considered significant and would benefit from public review. Where stealth technology is not used, a
Use Permit shall be required.
B. Discouraged on residential buildings. Roof mounted antennas are discouraged on residential
buildings and are not allowed unless, based on the additional submittal requirements of Section
21.60.040.3, a finding can be made that no other reasonable alternative is available that meets the
service requirements of the service provider.
C. Interruption of view. Roof mounted antennas shall not be allowed when they are placed in direct
line of sight where they significantly affect scenic views. However, facilities may be allowed with
incorporation of appropriate stealth techniques.
D. Maximum building height. The maximum building height, including roof mounted antennas with
support structures, shall not exceed the maximum height allowed for buildings in the zoning district
in which the antenna is to be constructed. Applications for antennas that exceed the maximum height
shall submit a supplementary report outlining the reasons why the height requirement cannot be met.
The Community Development Director shall require an independent review, paid for in advance by
the applicant, to evaluate the applicant's request. Factors to be considered are whether or not another
site exists where the standards can be met, is there another method of installation that would result in
a project that complies with the standards, would the addition of another wireless telecommunications
facility allow the reduction in height of the proposed facility and any other technically feasible
method of siting the facility that would reduce the height. If it is determined that the additional height
is necessary, additional screening may be required to mitigate adverse visual impacts.
E. Minimize visual impacts. All roof mounted antennas shall be located in an area of the roof where
the visual impact is minimized. Rooftop equipment installations shall be setback so that they are not
viewed from the street. Screening panels may be used to mitigate visual impacts but shall be
designed to blend with the architecture of the building in terms of scale, material, and color. The cost
or inconvenience to provide screening of visual equipment shall not by itself provide justification to
install visible equipment or antennas.
F. Color and finish. All roof-mounted facilities shall be painted a non-reflective matte finish using an
appropriate color that blends with the backdrop. The final choice of colors shall be determined by the
Community Development Department on a case-by-case basis, in compliance with this Subsection.
G. Equipment cabinets and appurtenant equipment. The equipment cabinets, base transceiver
stations, cables and other appurtenant equipment, if located on the rooftop of buildings, shall be so
located as to be minimally visible from public rights-of-way.
H. Antenna height. Notwithstanding Subsection D of this section, no roof-mounted antennas, including
support structures, shall exceed 6-feet in height above the parapet of the roof.
21.34.160 - Ground Mounted Wireless Telecommunications Facilities
A. Type of permit. Ground mounted wireless telecommunications facilities shall be allowed in all
zoning districts and shall meet the development standards of the district in which they are proposed.
When the proposed facility is located on a commercial, industrial or publicly owned location and
meets the definition of a stealth facility, approval of an Administrative Site and Architectural Review
Permit shall be required. At the discretion of the Community Development Director, a Use Permit
may alternatively be required and the application referred to the Planning Commission where an
installation does not blend with the architectural features of the building or where the site is
considered significant and would benefit from public review. Where stealth technology is not used, a
Use Permit shall be required.
B. Over-concentration. Ground mounted wireless telecommunications facilities shall generally not be
allowed within 1,000 feet of an existing wireless telecommunications facility, unless the Planning
Commission can make a determination that the cumulative visual impacts are not significant.
C. Height. Ground mounted antennas shall be no taller than 15 feet, including the height of the
antennas.
D. Visual analysis required. All proposed ground mounted wireless telecommunications facilities shall
require a visual analysis that includes photo simulations. demonstrating the appearance of the site
prior to and after installation.
E. Vehicular access. Whenever possible, proposed wireless telecommunications facilities shall be
located within easy reach of existing access roads.
F. Color and finish. Ground mounted facilities shall be painted using non-reflective matte finished
shades designed to blend with the backdrop. However, the final choice of colors shall be determined
on a case-by-case basis upon determination of the color that best blends into the backdrop. If
equipment cannot be painted, adequate screening shall be provided that blends with the predominant
architectural design and material of adjacent buildings, including material, finish and texture. A
photo simulation may be required to illustrate the blending.
G. Landscaping. Landscaping shall be used to minimize any visual impacts. All proposed vegetation
shall be compatible with existing vegetation in the area.
H. Height of equipment structures. All associated base transceiver stations and/or equipment cabinets
and buildings for ground-mounted facilities shall be limited to a maximum height of six (6) feet
above grade unless other techniques are adopted to ensure minimal visual impact. Base transceiver
stations, equipment cabinets, and associated buildings that are taller may be partially buried
underground or other technique to maintain the six (6) foot height limit. Greater height may be
granted upon a finding that it is not possible to meet the height limitation and that adequate screening
of the equipment is provided.
21.34.170 - Free-Standing Monopoles
A. Type of permit. Freestanding monopole wireless telecommunications facilities shall be allowed in
all zoning districts and shall meet the development standards of the district in which they are
proposed. When the proposed facility is located on a commercial, industrial or publicly owned
location and meets the definition of a stealth facility, approval of an Administrative Site and
Architectural Review Permit shall be required. At the discretion of the Community Development
Director, a Use Permit may alternatively be required and the application referred to the Planning
Commission where an installation does not blend with the architectural features of the building or
where the site is considered significant and would benefit from public review. Where stealth
technology is not used, a Use Permit shall be required.
B. Minimize visual impacts. Freestanding monopoles shall be located and designed to minimize visual
impacts. Freestanding monopoles in high visibility locations shall incorporate "stealth techniques" to
camouflage them as a piece of art/sculpture, a clock-tower, flag pole, tree or other interesting,
appropriate and compatible visual form. Stealth installations shall be used when the siting and
surrounding environment helps them to blend with the setting. For example, when a tree-pole is used,
it should be located in a grove of existing trees and not exceed the height of the trees.
C. Location. Monopoles may not be located within the required front yard setback of any property,
unless appropriate architectural elements for a "stealth facility" are incorporated in the design of the
monopole.
D. Co-location. If a co-location site exists in the geographic service area, the applicant shall provide the
City with a written narrative on why co-location does not meet the siting and design objectives of this
ordinance. As part of the application package, the applicant may also be asked to provide a letter from
the wireless telecommunications carrier owning or operating the existing facility stating reasons for
not permitting co-location.
E. Over-concentration. Freestanding monopoles shall generally not be allowed within 1,000 feet of
each other except when the cumulative visual impacts are not significant.
F. Height. All monopoles shall be designed at the minimum functional height required. The height of
monopoles shall not exceed the maximum height for buildings in the zoning district in which it is
located. If no maximum height is applicable, the height of monopoles shall be reviewed for the visual
impact on the neighborhood and community. Applications for antennas that exceed the maximum
height shall submit a supplementary report outlining the reasons why the height requirement cannot
be met. The Community Development Director shall require an independent review, paid for in
advance by the applicant, to evaluate the applicant's request. Factors to be considered are whether or
not another site exists where the standards can be met; is there another method of installation that
would result in a project that complies with the standards; would the addition of another wireless
telecommunications facility allow the reduction in height of the proposed facility; and any other
technically feasible method of siting the facility that would reduce the height. If it is determined that
the additional height is necessary, additional screening may be required to mitigate adverse visual
impacts.
G. Co-location. As a condition of approval for all freestanding monopoles, all wireless
telecommunications carriers proposing a monopole shall provide a written commitment to the
Community Development Director that they shall allow other wireless carriers to co-locate antennas
on the monopoles where technically and economically feasible.
21.34.180 - Co-Location of Wireless Telecommunications Facilities
A. Co-location potential. Each application will be evaluated to determine the potential for co-location
of wireless telecommunication facilities. Co-location will be required if it is determined that it will
result in less visual clutter in the long term and if co-location results in reduced overall visual
impacts. A requirement to allow co-location may include co-location by other wireless
telecommunication service providers.
B. Case-by-case evaluation. Although co-location of various companies' facilities may be desirable, a
maximum number of antennas and back-up facilities per property shall be established, on a case-by-
case basis, so that the cumulative effect of numerous facilities and support structures do not create
visual blight by concentrating too many facilities upon one site, area, or neighborhood.
C. Type of Permit required. Stealth co-location sites can be approved by an Administrative Site and
Architectural Review Permit. Non-stealth co-location sites can be approved by a Use Permit.
21.34.190 - Base Transceiver Stations, Equipment Cabinets and Associated
Buildings
A. Size and number. The sizes and the proposed number of base transceiver stations, equipment
cabinets, and associated buildings shall be the absolute minimum required to function. Any future
additions to the number of equipment cabinets and base transceiver stations may be subject to review
and approval by the Community Development Director if there is no physical or visual impact.
Additions that have physical or visual impacts to the site require Use Permit approval. Physical
impacts are created when on-site parking is impacted, landscaping reduced or when there is an
increase in the size of the equipment building or base transceiver station(s).
B. Hazardous materials. If the contents of the equipment cabinetlbuilding or base transceiver station
contains toxic or hazardous materials, a sign shall be placed on or around the exterior of the base
transceiver station or equipment cabinets and buildings warning the public. The size and placement
of the sign shall be subject to review and approval by the Community Development Director upon a
finding that the proposed sign is visible to the public and is clearly readable.
C. Noise attenuation. Additional acoustical baffling equipment or techniques may be required if the
base transceiver station, equipment cabinets and/or buildings exceeds acceptable noise levels.
D. Minimize visual impacts. The base transceiver stations, equipment cabinets, and buildings shall be
placed in areas so they have minimal visual impacts. Wherever possible, the base transceiver station,
equipment cabinets and buildings shall be located away from open spaces and required yard setbacks
and shall be placed within the building envelope area. Any visible portion of the base transceiver
station, equipment cabinets and buildings shall be treated to be architecturally compatible with the
surrounding structures and screened using appropriate techniques. Screening techniques may include
landscape treatment and/or architectural treatment to make it compatible with existing buildings or
installing the cabinets below grade to reduce their apparent height.
E. Stealthing. Cables and other appurtenant structures shall be located within existing buildings or
structures. Where this is not feasible, stealthing techniques shall be used to screen them from view.
21.34.200 - Implementation and Monitoring Costs
The wireless telecommunications service provider or its successors shall be responsible for the payment
of all reasonable costs associated with the monitoring of the Conditions of Approval contained in this
authorization, including costs incurred by this Department, the Office of the City Attorney or any other
appropriate City Department or agency. The Community Development Department shall collect costs on
behalf ofthe City. .
21.34.210 - Transfer of Operation
Any carrier/service provider authorized by the Community Development Director or by the Planning
Commission to operate a specific wireless telecommunications facility may assign the operation of the
facility to another carrier licensed by the FCC for that radio frequency provided that the transfer is made
known to the Community Development Director in advance of the operation and all Conditions of
Approval for the subject installation are carried out by the new carrier/service provider. However, the
carrier/service provider may, without advance notification, transfer operations of the facility to its general
partner or any party controlling, controlled by or under common control with the carrier/service provider.
21.34.220 - Complaints and Proceedings
Should any party complain to the wireless telecommunications service provider about the installation or
operation of the facilities, which complaints are not resolved by the wireless telecommunications service
provider, the wireless telecommunications service provider (or its appointed agent) shall advise the
Community Development Director of the complaint and the failure to satisfactorily resolve the complaint.
If the Community Development Director determines that a violation of a condition of approval has
occurred, the Community Development Director may refer the matter to the Planning Commission for
consideration of modification or revocation of the permit in compliance with the provisions of Section
21.34.230 (Revocation of Permit).
21.34.230 - Revocation of Permit
All conditions basis for revocation. The wireless telecommunications service provider or its successors
shall comply fully with all conditions specified in this authorization. Failure to comply with any
condition shall constitute grounds for revocation of the permit. The Community Development Director
shall notify the service provider that a violation exists and request compliance within a reasonable amount
of time. Upon failure to comply, the Community Development Director may schedule a public hearing
before the Planning Commission to receive testimony and other evidence to demonstrate a finding of a
violation of a condition of the authorization of the use of the facility and finding that violation the
Commission may modify or revoke the permit. A revocation by the Planning Commission may be
appealed to the City Council. All hearings shall be notified and conducted in compliance with the
proceedings set forth in Chapter 21.68 (Revocations and Modifcations).
21.36.140 - Motor Vehicle Repair Facilities
This section provides locational and operational standards for motor vehicle repair facilities, in
compliance with Article 2 (Zoning Districts), which shall be subject to the following criteria and
standards.
A. The motor vehicle repair facility shall provide adequate vehicular circulation to ensure free ingress
and egress, and safe and unimpeded on-site circulation.
B. All work shall be performed within a fully enclosed structure.
C. Structures shall be sufficiently soundproofed to prevent a disturbance or become a nuisance to the
surrounding properties.
D. Artificial light shall be designed to reflect away from adjoining properties.
E. Screening and buffering.
1. A six-foot high solid masonry wall shall be maintained along the exterior boundaries of the motor
vehicle repair facility, excluding the front yard setback area, those locations approved for ingress
and egress, and areas adjoining a street, other than an alley.
2. All damaged or wrecked motor vehicles awaiting repair shall be effectively screened from view
from any public street or highway, or adjoining properties, by a 6-foot high decorative masonry
wall or other opaque material approved by the Community Development Director.
F. Motor vehicles associated with the subject use shall not be parked or stored on a public street or alley.
G. Motor vehicles shall not be stored at the site for purposes of sale (unless the site is also approved for
motor vehicle sales).
H. Noise from bells, loudspeakers, public address systems, or tools shall not be audible from
residentially zoned parcels between the hours of 7:00 p.m. and 7:00 a.m. on weekdays and Saturdays,
and between the hours of7:00 p.m. and 10:00 a.m. on Sundays.
I. Service bay doors shall be closed between the hours of 7:00 p.m. and 7:00 a.m. on weekdays and
Saturdays, and between the hours of 7:00 p.m. and lO:OO a.m. on Sundays.
J. Service bay doors for new motor vehicle repair facilities should not directly face or be viewable from
adjoining public rights-of-way or a residential development or zoning district, to the greatest extent
possible.
K. Residential uses shall not be allowed on a site containing a motor vehicle repair facility.
21.36.150 - Outdoor Seating
This Section provides standards for the provision of outdoor seating/dining areas on private property.
A. Applicability. Outdoor seating/dining areas shall be allowed in the C-l (Neighborhood Commercial),
C-2 (General Commercial), and P-D (Planned Development) zoning districts. These provisions are
not applicable to outdoor seating in the C-3 (Central Business District) zoning district. See Section
21.10.060.H. (Standards and permit requirements for outdoor seating and merchandise display within
the public right-of-way).
B. Permit requirements. Outdoor seating shall be allowed subject to approval of a Zoning Clearance
by the Community Development Director in compliance with Chapter 21.40 (Zoning Clearances).
The number of outdoor seats that may be approved by the Community Development Director shall be
a maximum of 12 seats. If the outdoor seating exceeds 12 seats, a Conditional Use Permit shall be
required in compliance with Chapter 21.46 (Conditional Use Permits).
c. Application requirements. Application for a Zoning Clearance for outdoor seating shall be filed
with the Community Development Department. The application shall be accompanied by a plan set,
drawn to scale, depicting seating area dimensions and the location of tables, seating, and
fence/landscape buffers, together with other information and exhibits as required by the Community
Development Director.
D. General standards.
1. Buffer. The outdoor seating area shall be surrounded by a fence, landscape planters, or similar
appropriate barrier as necessary to buffer the seating area from the adjoining outdoor uses. The
fence, landscape planters, or other approved barrier shall be maintained in good appearance,
function and vitality.
2. Noise. Noise generated from an outdoor dining and seating area (e.g., amplified music) shall not
unreasonably offend the senses or interfere with the comfortable enjoyment of the adjoining
properties and shall comply with the noise standards in Section 21.16.070 (Noise).
3. Litter control. The permit holder is responsible for picking up litter associated with the outdoor
seating or display and shall maintain the area in a clean condition at all times.
4. Location of seating. Outdoor seating shall be located as indicated in the approved application
and accompanying plans and shall not be placed within the area of disabled ramps, driveways,
doorways or the public right-of-way.
5. Quality. Tables, chairs, umbrellas, and other furniture associated with the outdoor seating shall
be of a commercial grade and uniform design.
6. Securing of tables, seating, and associated umbrellas. Tables, chairs, and associated umbrellas
shall be secured so as not to be moved by the wind. However, they may not be bolted into the
ground or secured to outdoor lights, trees, a building, or other furniture or objects.
7. Umbrella canopies. The canopies of umbrellas associated with outdoor tables shall provide a
minimum vertical clearance of seven feet, unless the umbrella does not extend beyond the outside
edge ofthe table, and shall not extend into walkways.
21.36.230 - Transitional Housing
This section provides locational and operational standards for the establishment of transitional housing
uses, in compliance with Article 2 (Zoning Districts), which shall be subject to the following criteria and
standards:
A. Conditional Use Permit required. Transitional housing uses shall be allowed by a Conditional Use
Permit and subject to all of the provisions of the applicable zoning district;
B. Conformance. The facility shall conform to all property development standards of the zoning district
in which it is located;
C. Separation requirements. A minimum separation of 300 feet shall be required from a proposed
transitional housing facility and another similar facility or a single-family residentially zoned parcel;
D. Maximum stay. The duration of stay shall be limited to a maximum of two years.
21.36.240 - Towing Service and Vehicle Dismantling
This section provides locational and operational standards for the establishment of towing and vehicle
dismantling service uses, in compliance with Article 2 (Zoning Districts), which shall be subject to the
following criteria and standards:
A. Location. The location of the proposed use shall not be detrimental to the adjoining area and shall
not be located within 100 feet of any residentially zoned property.
B. Storage of vehicles. The storage of wrecked or abandoned vehicles shall be kept at all times within
an area completely enclosed by a 6-foot high solid wall. Any gate needed to access this area shall be
a sight-obscuring gate. There shall be no stacking of wrecked or abandoned vehicles.
c. Enclosed building. All auto dismantling activities shall be conducted wholly within an enclosed
building.
D. Fire access. Minimum gate opening of 12 feet in width shall be provided and a minimum of 12 feet
to be maintained between rows of automobiles to provide room for fire equipment.
E. Paving required. Any storage yard shall be paved as required by Chapter 21.28 (Parking and
Loading).
CHAPTER 21.38 - ApPLICATION FILING, PROCESSING, AND
FEES
Sections:
21.38.010 - Purpose Of Chapter
21.38.020 - Authority for Land Use and Zoning Decisions
21.38.030 - Application Filing and Fees
21.38.040 - Initial Application Review
21.38.050 - Environmental Assessment
21.38.010 - Purpose of Chapter
This Chapter provides procedures and requirements for the preparation, filing, and processing of
applications for land use permits and other entitlements required by this Zoning Code.
21.38.020 - Authority for Land Use and Zoning Decisions
Table 4-1 (Decision-making body) identifies the City official or body responsible for reviewing and
making decisions on each type of application, land use permit, and other entitlements required by this
Zoning Code.
The Community Development Director may refer any request to the Planning Commission for a decision.
Additional fees shall not be charged to the applicant in the event of a Community Development Director's
referral.
TABLE 4-1
DECISION-MAKING BODY
Decision-making bodv and Role (1)
Community
Type of Permit or Decision Procedures Development Planning City
are found in: Director (2) Commission Council
Land Use Permits and other Development Entitlements
Administrative Planned
Development Permits 21.12.030 Decision Appeal
Administrative Site and Appeal
Architectural Review Permits 21.42 Decision
Conditional Use Permits 2\.46 Decision Appeal
Development Agreements 2 \.52 Recommend Decision
Fence Exceptions 21.18.060 Decision Appeal
Home Occupation Permits 21.44 Issuance
Planned Development Permits 21.12.030 Recommend Decision
Reasonable Accommodations 2 \.50 Decision (3) Appeal
Sign Permits 21.30 Issuance (4) Decision (4) Decision ~4)
Appeal ( )
Site and Architectural Review 21.42 Decision Appeal
Permits
Tree Removal Permits 21.32 Decision Appeal
Underground Utility Waiver 21.18.140 Issuance
Variances 21.48 Decision Appeal
Zoning Clearances 21.40 Issuance
Zoning Code Administration and Amendments
General Plan Amendments 2\.60 Recommend Decision
Interpretations 21.02 Decision Appeal
Zoning Code Amendments 2\.60 Recommend Decision
Zoning Map Amendments 21.60 Recommend Decision
Notes:
(1) "Recommend" means that the decision-making body makes a recommendation to a higher decision-making body;
"Issuance" means that the permit is a ministerial action that is issued by the decision-making body; "Decision" means that
the decision-making body makes the final decision on the matter; "Appeal" means that the decision-making body may
consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Chapter 21.62
(Appeals).
(2) Appeals of Community Development Director's decisions are final with the Planning Commission, in compliance with
Chapter 21.62 (Appeals).
(3) The Community Development Director's authority with respect to the review and final action on Reasonable
Accommodations shall be as identified in Chapter 21.50.
(4) A Sign Permit that meets the minimum requirements of the Signs Regulations (Chapter 21.30) shall be reviewed and issued
by the Community Development Director. Off-site signs, readerboard signs and signs that exceed the minimum
requirements of the Sign Regulations shall be reviewed by the Planning Commission and are appealable to the City Council.
Freeway oriented signs shall be reviewed by the City Council after recommendation by the Planning Commission.
21.38.030 - Application Filing and Fees
Applications for land use permits, entitlements, amendments (e.g., General Plan, Zoning Code, and
Zoning Map), and other matters pertaining to this Zoning Code shall be filed with the Community
Development Department as follows:
A. Eligibility for filing. Application may be filed by owners of property, lessees authorized by written
consent of the owners, or others who have contracted to purchase or lease the property contingent on
the acquisition of necessary permits from the City, which application shall be accompanied by a copy
of the contract. Any applicant may be represented by an agent authorized in writing to file on behalf
of the applicant;
B. Application contents. The application shall include the forms provided by the Community
Development Department, and all information and materials required by the Community
Development Department;
C. Filing fees. The application shall be accompanied by the processing fees established by the City's
Schedule of Fees and Charges, and any additional fees or deposits required by this Zoning Code or
the Municipal Code. All fees for new land development, private revitalization, and new occupancy
approvals shall cover the costs of permit application processing, permit issuance, and administration;
D. Refunds.
1. Recognizing that filing fees cover the City's costs for public hearings, mailing, posting,
transcripts, and the staff time required to process applications, no refunds due to a denial are
allowed.
2. In the case of a withdrawal, the Community Development Director may, at the request of the
applicant, authorize a partial refund based upon the pro-rated costs to-date and determination of
the status of the application at the time of withdrawal.
21.38.040 - Initial Application Review
All applications filed with the Community Development Department in compliance with this Zoning
Code shall be initially processed as follows.
A. Review for completeness. The Community Development Director shall review all applications for
completeness and accuracy before being accepted as complete, in compliance with Section 21.38.030
(Application Filing and Fees). The Community Development Director will consider an application
complete when:
I All necessary application forms, documentation, exhibits, materials, and studies as established by
the Community Development Department, have been provided and accepted as adequate;
2. All necessary fees and deposits have been paid and accepted; and
3. Any required community meetings have been held.
B. Notification of applicant. The Community Development Director shall notify the applicant in
writing within 30 days of the filing of the application with the Community Development Department
that either the application is complete and has been accepted for processing, or that the application is
incomplete and that additional information, specified in the letter, shall be provided.
C. Expiration of application. If the applicant does not provide the information and materials necessary
for a pending application to be deemed complete within 180 days after notification of incompleteness,
the application shall be deemed withdrawn. The Community Development Director may grant one
180-day extension. After expiration of the application and extension, if granted, a new application,
including fees, plans, exhibits, and other materials will be required to commence processing of any
proj ect on the same property.
D. Additional information. After an application has been accepted as complete, the Community
Development Director may require the applicant to submit additional information needed for the
environmental review of the project in compliance with Section 21.38.050, below.
E. Community Development Director's determination. If the Community Development Director
determines that the application does not support a prima facie right to the granting of the application
(e.g., a request for a Zoning Map amendment or Tentative Map that could not be granted in absence
of a required General Plan amendment application, or a request for a Conditional Use Permit allowing
a use that is not allowable in the subject zoning district, etc.), the City shall not accept the application.
F. Not within Community Development Director's scope. In cases where the Community
Development Director considers the information identified in the application not to be within the
scope of the Community Development Director's review and approval procedure, the applicant shall
be so informed before filing, and if the application is filed, and the fees are accepted, the application
shall be signed by the applicant acknowledging prior receipt of this information.
G. Filing date. The filing date of an application shall be the date on which the Community
Development Department receives the last fees, submittal, map, plan, or other material required as a
part ofthat application by Subsection A., above.
H. Referral of application. At the discretion of the Community Development Director, or where
otherwise required by this Zoning Code, State, or Federal law, any application may be referred to any
City Department, special district, or other public agency that may be affected by or have an interest in
the proposed land use activity.
21.38.050 - Environmental Assessment
A. CEQA review. After acceptance of a complete application, the project shall be reviewed m
compliance with the California Environmental Quality Act (CEQA) to determine whether:
1. The proposed project is not a project as defined by CEQA;
2. The proposed project qualifies for a statutory or categorical exemption from the provisions of
CEQA;
3. A Negative Declaration may be issued;
4. A Mitigated Negative Declaration may be issued; or
5. An Environmental Impact Report (E.I.R.) shall be required.
B. Compliance with CEQA. These determinations and, where required, the preparation of E.I.R.'s
shall be in compliance with CEQA.
C. Special studies required. A special study, paid for in advance 'by the applicant, may be required to
supplement the City's CEQA compliance review.
CHAPTER 21.40 - ZONING CLEARANCES
Sections:
21.40.010 - Purpose of Chapter
21.40.020 - Applicability/Clearance Required
21.40.030 - Procedure
21.40.040 - Post Decision Procedures
21.40.010 - Purpose of Chapter
A Zoning Clearance is a ministerial permit that is used by the Community Development Director to verify
that a proposed structure or land use activity complies with the list of allowed activities allowed in the
applicable zoning district, the development standards applicable to each type of use, and any conditions of
approval of permits previously issued for the subject site. .
Before commencing any work pertaining to the alteration, construction, conversion, erection, moving, or
reconstruction of any structure, or any addition to any structure, a Building Permit shall be obtained from
the Building Division and a Zoning Clearance from the Community Development Department by an
owner or agent. It shall be unlawful to commence any work until all required permits have been obtained.
21.40.020 - Applicability/Clearance Required
A Zoning Clearance shall be required as part of the Community Development Department's review of
any construction permit, change in the type of use, Business License (for a land use on the subject site), or
other authorization required by the Municipal Code for the proposed use.
21.40.030 - Procedure
A. Community Developinent Director's action.
1. The Community Development Director may issue a Zoning Clearance only after first determining
that the request complies with all applicable standards and provisions for the category of use in
the zoning district of the subject parcel, in compliance with this Zoning Code.
2. The Zoning Clearance may take the form of an authorized signature on the application (e.g.,
Building Permit, Business License, or Zoning Clearance) or on an approved set of plans, or a
rubber stamp affixed to an application or set of plans.
B. Need for on-site inspections.
1. When not required. A site inspection is not required for Zoning Clearances for projects
determined by the Community Development Director to be uncomplicated and for which the
submitted application materials clearly comply with all applicable requirements of this Zoning
Code.
2. When required. For projects determined by the Community Development Director to
potentially not comply with all applicable requirements of this Zoning Code, or which are
proposed on sites or in areas of the City with known problems, the Community Development
Director shall perform an on-site inspection before determining that the request complies with all
applicable provisions of this Zoning Code.
21.40.040 - Post Decision Procedures
Pursuant to Chapter 21.62 (Appeals) Zoning Clearances are ministerial and are not appealable.
CHAPTER 21.42 - SITE AND ARCHITECTURAL REVIEW
Sections:
21.42.010 - Purpose of Chapter
21.42.020 - Site and Architectural Review Permit Required
21.42.030 - Application Filing, Processing, and Review
21.42.040 - Considerations in Review of Applications
21.42.050 - Action by Community Development Director
21.42.060 - Action by Planning Commission
21.42.070 - Conditions and Time Limits
21.42.080 - Notification of Decision
21.42.090 - Post Decision Procedures
.21.42.010 - Purpose of Chapter
This Chapter establishes review procedures and standards for proposed development and new land uses
to: ensure compliance with the required standards, design guidelines, and ordinances of the City;
minimize potential adverse effects on surrounding properties and the environment; implement the goals
and policies of the General Plan; and promote the general health, safety, welfare, and economy of the
residents of the City. Therefore, it is the purpose of this Chapter to:
A. Enhance the overall appearance of the City by improving the appearance of individual development
projects within the City;
B. Promote open space around structures, for access to and around structures, and the establishment and
maintenance of landscaping for aesthetic and screening purposes;
C. Promote areas of improved open space to protect access to natural light, ventilation, and direct
sunlight, to ensure the compatibility of land uses, to provide space for privacy, landscaping, and
recreation;
D. Ensure that new or modified use and development will complement the existing or potential
development of surrounding neighborhoods, and to produce an environment of stable and desirable
character;
E. Ensure that all new development builds on the City's character and does not have an adverse aesthetic
impact upon existing adjoining properties, the environment, or the City in general;
F. Recognize the interdependence of land values and aesthetics and provide a method by which the City
may implement this interdependence to the benefit of its constituents;
G. Promote the use of sound design principles that result in creative, imaginative solutions and establish
structures of quality design throughout the City and which avoid monotony and mediocrity of
development;
H. Further communication between building interiors and their surroundings, and contribute meaning
and visual interest to the pedestrian environment;
1. Recognize that the greater the project (e.g., impact, location, size, etc.), the more important the need
to look at projects in greater detail; and
J. Promote maintenance of the public health, safety, general welfare, and property throughout the City.
21.42.020 - Site and Architectural Review Permit Required
A. Site and Architectural Review Permit required. No use or structure shall be constructed, created,
enlarged, erected, installed, maintained, or placed on any property in any zoning district until a Site
and Architectural Review Permit is approved. All uses, structures, developments, issued a Site and
Architectural Review Permit shall at all times comply with the approved plans, conditions, and time
limits of approval; except as identified in Subsection B. (Administrative Site and Architectural Permit
required) and Subsection C. (Exceptions), below.
B. Administrative Site and Architectural Review Permit required. An Administrative Site and
Architectural Review Permit shall be required for the following:
1. Stealth Wireless Telecommunication Facilities, pursuant to the requirements of Chapter 21.34
(Wireless Telecommunications Facilities);
2. Properties located in the R-I-6 zoning district that are subject to the San Tomas Area
Neighborhood Plan for:
a. A new single-family residence;
b. A new second story addition to an existing single-story single-family residence;
c. The conversion of attic space to living area on an existing single-story single-family
residence; and
d. The removal or reconstruction of more than fifty percent of the exterior walls of an existing
single-family residence.
C. Exceptions. No use or structure shall be constructed, created, enlarged, erected, installed, maintained,
or placed on any property listed below until the proposed project is found to meet the requirements of
the applicable zoning district regulations and a Zoning Clearance is issued, pursuant to Chapter 21.40
(Zoning Clearances):
I. Properties located in the R-I-6 (Single-Family Residential) zoning district that are not subject to
the San Tomas Area Neighborhood Plan;
2. Properties located in the R-D (Two-Family District) zoning district;
3. Minor additions or alterations to existing structures and minor changes in plans that have
previously been approved, provided that these minor changes are limited to modification in the
plot plan and elevations that will not substantially change the overall appearance, character, and
scale of the proposed development.
21.42.030 - Application Filing, Processing, and Review
A. Filing. An application for a Site and Architectural Review Permit or an Administrative Site and
Architectural Review Permit shall be filed with the Community Development Department in
compliance with Chapter 21.38 (Application Filing, Processing, and Fees).
B. Application contents.
1. Detailed and fully dimensioned information. The application shall be accompanied by detailed
and fully dimensioned site development plan, floor plans, elevations, and/or any other
data/materials identified in the Community Development Department application for a Site and
Architectural Review Permit or Administrative Site and Architectural Review Permit.
2. Site development plan required. A site development plan shall be required to accompany the
application. If development is to be carried out in phases or stages, each phase shall be shown on
a master site plan of development.
3. Information required on site development plan. The site development plan shall indicate the
site location and planning of all open spaces and structures to show that the development will be
compatible with the General Plan and will aid in the harmonious development of the immediate
area. The plan shall include proposed and/or existing structures with elevations which clearly
show appearance and materials of exterior walls, landscaping, walls or fences used for screening
or separation, design of ingress and egress and off-street parking, and loading facilities.
4. Other information. The Community Development Director or the Planning Commission may
also require other information, as it considers necessary in order to properly evaluate the
proposal.
C. Applicant's responsibility. It is the responsibility of the applicant to establish evidence in support of
the findings required by Section 21.42.050.B. (Required findings) and Section 21.42.060.B.
(Required findings).
D. Project review procedures. Following receipt of a completed application, the Community
Development Director shall make an investigation of the facts bearing on the project to provide the
information necessary for action consistent with the purpose of this Chapter.
E. Notice and hearings.
1. Review by the Planning Commission. A public hearing shall be required for the Planning
Commission's decision on a Site and Architectural Review Permit application. A Public Hearing
shall be scheduled once the Community Development Director has determined that the
application is complete. Notice of the public hearing shall be provided, and the hearing shall be
conducted in compliance with Chapter 21.64 (Public Hearings).
2. Review by the Site and Architectural Review Committee. The Site and Architectural Review
Committee shall review all applications for Site and Architectural Review Permits reviewed by
the Planning Commission and shall make a recommendation to the Planning Commission
regarding the application. Review by the Site and Architectural Review Committee is conducted
as a public meeting which is open to the public. The meeting shall not require radius noticing but
shall be agendized and the agenda shall be posted at City Hall.
3. Review by the Community Development Director. A public hearing shall not be required for
the Community Development Director's decision on an Administrative Site and Architectural
Review Permit application. The notice and decision for an Administrative Site and Architectural
Review Permit shall be subject to the administrative decision process as prescribed in Chapter
21.72 (Administrative Decision Process).
21.42.040 - Considerations in Review of Applications
The Community Development Director, the Site and Architectural Review Committee, and the Planning
Commission shall consider the following matters, and others when applicable to making the
determinations required by this Chapter, in their review of Site and Architectural Review Permit and
Administrative Site and Architectural Review Permit applications:
A. Considerations relating to traffic safety, traffic congestion, and site circulation:
I. The traffic generated from the development should not have adverse affects on traffic conditions
on abutting streets;
2. The layout of the site should provide adequate vehicular and pedestrian entrances, exit driveways,
and walkways; and
3. The arrangement of off-street parking facilities should prevent traffic congestion and adequately
meet the demands of the users.
B. Considerations relating to landscaping:
I. The location, height, and material of walls, fences, hedges and screen plantings should ensure
harmony with adjacent development and/or conceal storage areas, utility installations, or other
potentially unsightly elements of the project;
2. The project should maximize open space around structures, for access to and around structures,
and the establishment and maintenance of landscaping for aesthetic and screening purposes;
3. The project should maximize areas of improved open space to protect access to natural light,
ventilation, and direct sunlight, to ensure the compatibility of land uses, to provide space for
privacy, landscaping, and recreation; and
4. The project should minimize the unnecessary destruction of existing healthy trees.
C. Considerations relating to structures and site layout:
I. The project should enhance the overall appearance of the City by improving the appearance of
individual development projects within the City;
2. The project should complement the surrounding neighborhoods and produce an environment of
stable and desirable character;
3. The project should enhance the City's character and should not have an adverse aesthetic impact
upon existing adjoining properties, the environment, or the City in general;
4. The project should promote the use of sound design principles that result in creative, imaginative
solutions and establish structures of quality design throughout the City and which avoid
monotony and mediocrity of development;
5. The project should promote maintenance of the public health, safety, general welfare, and
property throughout the City; and
6. The project should be consistent with the City's General Plan and all applicable design guidelines
and special plans.
21.42.050 - Action by Community Development Director
A. Applications decided by the Community Development Director. The Community Development
Director may review and decide applications for Administrative Site and Architectural Review Permit
applications in compliance with the administrative decision process as prescribed in Chapter 21.72
(Administrative Decision Process).
B. Required findings. The Community Development Director shall approve the application if the
following findings have been made:
1. The project will be consistent with the General Plan;
2. The project will aid in the harmonious development of the immediate area; and
3. The project is consistent with applicable adopted design guidelines.
C. Referral to the Site and Architectural Review Committee. If the Community Development
Director finds that the proposed development will have a substantial effect on the surrounding area or
is of sufficient size to warrant the consideration of the Planning Commission, the Community
Development Director shall refer the application first to the Site and Architectural Review Committee
and the Planning Commission for processing in the same manner as all other applications for Site and
Architectural Review Permit approval.
21.42.060 - Action by Planning Commission
A. Time and place agreeable to the applicant. Before the public hearing the Community
Development Director shall arrange with the applicant a time and place of meeting between the
applicant and the Site and Architectural Review Committee.
B. Required findings. The Planning Commission shall approve the application if the following findings
have been made:
1. The project will be consistent with the General Plan;
2. The project will aid in the harmonious development of the immediate area; and
3. The project is consistent with applicable adopted design guidelines.
21.42.070 - Conditions and Time Limits
The Community Development Director or the Planning Commission, as applicable, may take the
following actions in approving a Site and Architectural Review Permit:
A. May impose conditions. The decision-making body may impose conditions, as it deems reasonable
and necessary under the circumstances, to carry out the intent of this Chapter and the General Plan.
B. May impose time limits. The decision-making body may impose time limits within which the
conditions shall be fulfilled and the proposed development started or completed.
C. Valid in 10 days. The Site and Architectural Review Permit shall become valid 10 days following
the date of approval unless appealed, in compliance with Chapter 21.62 (Appeals).
21.42.080 - Notification of Decision
A. Written notification to applicant. The Secretary of the Planning Commission shall give written
notification of the decision of the Community Development Director or the Planning Commission to
the applicant.
B. Shall include conditions and time limits. In the case of approval, the notification shall include all
conditions and time limits imposed by the Community Development Director or the Planning
Commission.
21.42.090 - Post Decision Procedures
The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are
identified in Article 5 (Zoning Code Administration) and those identified in Chapter 21.56 (Permit
Implementation, Time Limits, and Extensions) shall apply following the decision on a Site and
Architectural Review application and Administrative Site and Architectural Review Permit application.
CHAPTER 21.44 - HOME OCCUPATION PERMITS
Sections:
21.44.010 - Purpose of Chapter
21.44.020 - Applicability
21.44.030 - Allowed Home Occupations
21.44.040 - Application Filing, Processing, and Review
21.44.050 - Action by Community Development Director
21.44.060 - Operating Standards
21.44.070 - Inspections
21.44.080 - Post Decision Procedures
21.44.010 - Purpose of Chapter
The purpose of this Chapter is to allow for the conduct of home occupations which are deemed incidental
to and compatible with surrounding residential uses. A home occupation represents a legal commercial
enterprise conducted by an occupant(s) of the dwelling. A Home Occupation Permit is a ministerial
permit that is issued by the Community Development Director.
21.44.020 - Applicability
The Home Occupation Permit is intended to allow for low-intensity commercial enterprises:
A. Incidental and secondary. That are conducted within a dwelling (exclusive of an attached or
detached garage) located in a residential zoning district, and are clearly incidental and secondary to
the use of the dwelling for residential purposes; and
B. Compatible. That are compatible with the surrounding residential uses.
21.44.030 - Allowed Home Occupations
A. Where allowed. Home occupations are allowed in all residential zoning districts.
B. Allowed home occupations. Certain commercial enterprises are deemed appropriate when
conducted by the resident(s) of a dwelling in a manner accessory to and compatible with the
residential characteristics of the surrounding neighborhood. For purposes of this Chapter the
following uses are deemed compatible with residential activities, and shall be allowed upon issuance
of a Home Occupation Permit:
1. Consulting services. Consulting services whose function is one of rendering a service and does
not involve the dispensation of goods or products;
2. Design services. Drafting, designing, and similar services, using only normal drafting equipment;
3. Salespersons. The home office of a salesperson when all sales are made by mail or internet
order, or similar means, with no commodities or displays on the premises; and
4. Secondary business offices. Secondary business offices where the business has its principal
office, staff, and equipment located elsewhere.
C. Incompatible home occupations. The following commercial uses are not incidental to or
compatible with residential activities and are not permitted in residential zoning districts:
1. Barber and beauty shops;
2. Businesses which entail the breeding, grooming, harboring, raising, or training of dogs, cats, or
other animals on the premises;
3. Building trades contractor;
4. Seamstress;
5. Vehicle repair (body or mechanical), upholstery, automobile detailing (e.g., washing, waxing,
etc.), towing services, and painting. (This does not prohibit "mobile" minor repair or detailing at
the customer's location); and
6. Any use not specifically listed in Subsection B.
21.44.040 - Application Filing, Processing, and Review
A. Filing. An application for a Home Occupation Permit shall be filed with the Community
Development Department in compliance with 21.38 (Application Filing, Processing, and Fees).
B. Applicant's responsibility. It is the responsibility of the applicant to establish evidence in support of
the operating standards required by Section 21.44.060 (Operating Standards).
C. Project review procedures. Following receipt of a completed application, the Community
Development Director shall make an investigation of the facts bearing on the case to provide the
information necessary for action consistent with the purpose of this Chapter.
D. No public hearing required. A public hearing shall not be required for the Community
Development Director's decision on a Home Occupation Permit application.
21.44.050 - Action by Community Development Director
A. Approval by Director. A Home Occupation Permit is a ministerial permit that is issued by the
Community Development Director. The Community Development Director, in concurrence with the
Building Official, shall approve a Home Occupation Permit that would be operated in compliance
with this Chapter and the operating standards identified in Section 21.44.060 (Operating Standards).
21.44.060 - Operating Standards
This Section provides locational and operational standards for the conduct of home enterprises that are
incidental to and compatible with surrounding residential uses. Home occupations shall comply with all
of the following standards:
A. No outside employees. No person shall be employed nor shall any assistant or associate be used who
is not residing on the premises.
B. No storage or mechanical equipment. There shall be no use or storage of materials or mechanical
equipment not typically part of a normal household use..
C. Location of home occupation.
1. The home occupation business shall be carried on entirely within a dwelling and not in the yard
surrounding the dwelling, an attached or detached garage or detached accessory structure.
2. No more than one room in the dwelling shall be used for the home occupation(s).
D. No display, sales, or storage. There shall be no retail or wholesale displays, sales, or storage of
merchandise on the premises.
E. Use of commercial vehicles. The home occupation shall not involve the use of commercial vehicles
for delivery of materials to or from the premises in a manner different from normal residential usage,
except for FedEx, UPS, or other third-party home delivery/pick-up services.
F. No utilities or community facilities. The use shall not cause the increased use of utilities or
community facilities beyond that normal to the use of the property for residential purposes.
G. Not alter appearance of dwelling. There shall be no structural alterations for the purpose of
conducting the home occupation, nor shall any decorative change be made on the premises (either by
color, lighting, materials, or signs) of a nonresidential nature.
H. No hazards or nuisances.
1. The use shall not create or cause dust, electrical interference, fumes, gas, glare, light, noise, odor,
smoke, toxic/hazardous materials, or vibration that can or may be considered a hazard or
nuisance.
2. Generation of pedestrian or vehicular traffic or parking demand in excess of that customarily
associated with the residential zoning district in which it is located shall not be allowed.
3. Negative impacts that may be felt, heard, or otherwise sensed on adjoining parcels or public
rights-of-way shall not be allowed.
I. Limited to one vehicle. Not more than one vehicle shall be used primarily in conjunction with the
home occupation and the unladen weight of the vehicle shall not exceed 5,000 pounds or 22 feet in
overall length.
J. Permit nontransferable. A Home Occupation Permit shall be limited to the specific business use for
which it was approved, and shall not be transferable to any other use.
K. Pre-existing home occupations. Home occupations existing at the time this Section becomes
effective may be continued for a maximum period of 24 months. Thereafter all home occupations
shall be conducted in compliance with this Chapter.
L. Appropriate time limits. In approving a Home Occupation Permit, the Community Development
Director may establish time limits deemed appropriate for the subject use.
M. No clients on premises. No clients or patrons of the business or business operator shall come to the
residence containing the home occupation for the purpose of the conduction of business, except one
pupil at anyone time for music instruction is allowed.
N. Business License required. A home occupation shall not be initiated until a current Business
License is obtained in compliance with Municipal Code Section 5.01.050 (Application - Business
Licenses ).
O. No advertising. There shall be no form of advertising that identifies the home occupation by street
address.
P. Special conditions. Any special condition(s) established by the Community Development Director
shall be made part of the record of the Home Occupation Permit, as deemed necessary to carry out the
purpose of this Chapter.
21.44.070 - Inspections
The Community Development Director shall have the right at any time, upon reasonable notice, to enter
and inspect the premises subject to a Home Occupation Permit in order to verify compliance with the
locational and operational standards identified in Section 21.44.060 (Operating Standards), above.
21.44.080 - Post Decision Procedures
Pursuant to Chapter 21.62 (Appeals) Home Occupation Permits are ministerial and are not appealable.
CHAPTER 21.56 - PERMIT IMPLEMENTATION, TIME LIMITS,
AND EXTENSIONS
Sections:
21.56.010 - Purpose of Chapter
21.56.020 - Effective Date of Permits
21.56.030 - Permit Time Limits and Extensions
21.56.040 - Performance Guarantees
21.56.050 - Issuance of Building Permits
21.56.060 - Amendments to an Approved Project
21.56.070 - Permits to Run With the Land
21.56.080 - Resubmittals
21.56.010 - Purpose of Chapter
This Chapter provides requirements for implementing or "exercising" the permits or entitlements
approved in compliance with this Zoning Code, including time limits, and procedures for granting
amendments and extensions of time.
21.56.020 - Effective Date of Permits
A. Discretionary decisions by Community Development Director or Planning Commission.
Discretionary decisions made by the Community Development Director or the Planning Commission
shall become effective on the 11th calendar day following the date a decision is rendered, unless an
appeal is filed in compliance with Chapter 21.62 (Appeals). Time limits will extend to the following
City Hall working day where the last of the specified number of days falls on a weekend, holiday, or
other day when City Hall is officially closed. A decision shall be considered rendered as follows:
1. Decisions made by the Community Development Director. When a permit, including plans
and conditions is approved by the Community Development Director; or
2. Decisions made by the Planning Commission following a public hearing. When a resolution
is adopted by the Planning Commission without changes or with changes that are read into the
record, if applicable.
B. Ministerial permits. Ministerial Community Development Director decisions shall be effective
immediately upon being stamped and signed by the Community Development Director, or his/her
designee.
C. Decisions by City Council.
1. Development agreements and amendments to this Zoning Code and the Zoning Map shall
become effective on the 30th day following the adoption of an ordinance by the City Council.
2. A General Plan amendment shall be effective on the 30th day following the adoption of a
resolution by the City Council.
3. A resolution adopted by the City Council, without changes or with changes that are read into the
record, shall be effective immediately following the decision.
21.56.030 - Permit Time Limits and Extensions
A. Permit time limits.
1. Shall expire in 12 months. To ensure continued compliance with the provisions of this Chapter,
each approved permit shall expire 12 months after its effective date set by Section 21.56.020
(Effective Date of Permits), above or other date specified in the permit or approval, if the project
has not been established on the site. Time extensions may be granted in compliance with
Subsection C. below.
2. Failure to establish project. If the project authorized by a permit has not been established
within the required time, and a time extension is not granted, the permit shall expire and be
deemed void, without any further action by the City.
3. Phasing.
a. Where the permit or approval provides for development in two or more phases or units in
sequence, the permit or approval shall not be approved until the decision-making body has
approved the final phasing plan for the entire project site. The project applicant shall not be
allowed to develop one phase in compliance with the pre-existing base zoning district and
then develop the remaining phases in compliance with this Section, without prior decision-
making body approval.
b. Pre-approved phases.
(1) If a project is to be built in pre-approved phases, each subsequent phase shall have 12
months from the previous phase's date of establishment to the next phase's date of
establishment to have occurred, unless otherwise specified in the permit or approval, or
the permit or approval shall expire and be deemed void, without any further action by the
City.
(2) If the application for the permit or approval also involves the approval of a tentative map,
the phasing shall be consistent with the tentative map and the permit or approval shall be
established before the expiration of the companion tentative map.
B. Project established. An approved project shall be deemed to have been established when:
1. Issuance of Building Permit. A Building Permit has been issued; or
2. Commencement of use. An approved use that did not require construction has commenced and
has been diligently continued, including issuance of a Business License, if applicable.
C. Extensions of time.
1. The applicant may request an extension of the permit expiration date by filing a written request
for an extension no later than 30 days before the expiration of the pennit, together with the filing
fee required by the City's Schedule of Fees and Charges.
2. The permittee has the burden of proof to establish, with substantial evidence that the applicant has
made a good faith effort to fulfill all the requirements of the permit approval, the justification for
extension of the permit.
3. The applicable decision-making body identified in Subsection D. (Decision-making body), below
may grant an extension for a period of time that is deemed commensurate with the justification
for the extension presented by the applicant, but in no event for more than an aggregate total
extension of 24 months beyond the original approval time limit, unless conditions of approval
authorize longer extensions.
D. Decision-making body.
I. Upon good cause shown, the first extension may be approved, approved with modifications, or
denied by the Community Development Director for a maximum period of 12 months beyond the
original approval time limit. The Community Development Director may defer action on the
extension and refer the application to the Planning Commission.
2. Subsequent extensions of permits approved by the Planning Commission, beyond those allowed
by the Community Development Director, may only be approved, approved with modifications or
denied by the Planning Commission.
3. Subsequent extensions of permits. approved by the City Council, beyond those allowed by the
Community Development Director, may only be approved, approved with modification, or denied
by the City Council.
4. Permit extension decisions may be appealed in compliance with Chapter 21.62 (Appeals).
E. Public notice for extensions. Notice of a requested permit extension that requires approval by the
Planning Commission or City Council shall be given in compliance with Chapter 21.64 (Public
Hearings).
21.56.040 - Performance Guarantees
A. Guarantee faithful performance. The applicant or owner may be required by a permit's conditions
of approval or by action of the Community Development Director to provide adequate security to
guarantee the faithful performance of any or all conditions of approval imposed by the decision-
making body.
B. Reasonable amount of security. The Community Development Director shall set the amount of the
required security at a level that is reasonable in relation to the specific conditions being guaranteed.
21.56.050 - Issuance of Building Permits
Building Permits for a project that is required to be authorized through the approval of a land use permit
in compliance with this Zoning Code may be issued only after:
A. Appeal period has expired. The appeal period provided by Chapter 21.62 (Appeals) has expired
without an appeal being filed, or an appeal has been concluded by the appeal body approving the
project; and
B. All conditions of approval have been completed. All conditions of approval prerequisite to
construction have been completed, or the Community Development Director has authorized their
deferral on the basis of a performance guarantee (see Section 21.56.040, Performance Guarantees,
above ).
21.56.060 - Amendments to an Approved Project
An approved development or new land use shall be established only as specified by the approved land use
permit, and subject to any conditions of approval. An applicant may request, in writing, to amend the
approved permit, and shall furnish appropriate supporting materials and an explanation of the reasons for
the request.
A. Minor changes. Minor changes may be approved, modified, or denied by the Community
Development Director.
B. Community Development Director's determination. The Community Development Director shall
determine whether a proposed change is minor or major.
C. Minor changes. The Community Development Director may authorize minor changes to an
approved site plan and elevations that will not change the overall character of the proposed
development, and only if the changes:
1. Are consistent with all applicable provisions of this Zoning Code and the spirit and intent of the
original approval; and
2. Do not involve a feature of the project that was:
a. A basis for findings in a Negative Declaration or Environmental Impact Report for the
project;
b. A basis for conditions of approval for the project; or
c. A specific consideration by the decision-making body (e.g., the Community Development
Director, Planning Commission, or City Council) in granting the permit or approval.
D. Major changes.
1. Major changes include changes to the project involving features specifically described in
Subparagraph C. 2., above, and shall only be approved, modified, or denied by the decision-
making body that originally approved the permit.
2. A major change request shall be processed in the same manner as the original permit or approval.
21.56.070 - Permits to Run With the Land
Except for a Home Occupation Permit, any land use permit or approval granted in compliance with the
provisions of this Zoning Code shall run with the land and continue to be valid upon a change of
ownership of the business, parcel, service, structure, or use that was the subject of the permit application.
21.56.080 - Resubmittals
A. Resubmittals prohibited within 12 months. For a period of 12 months following the date of denial
of a discretionary permit, approval, or amendment, no application for the same or substantially similar
discretionary permit, approval, or amendment for the same site shall be filed, except if the denial was
without prejudice, or on the grounds of substantial new evidence or proof of changed circumstances
to an extent that further consideration is deemed warranted.
B. Denial without prejudice. There shall be no limitation on subsequent applications for a site on
which a project was denied without prejudice.
C. Community Development Director's determination. The Community Development Director shall
determine whether the new application is for a discretionary permit, approval, or amendment which is
the same or substantially similar to the previously approved or denied permit, approval, or
amendment.
D. Appeal. The determination of the Community Development Director may be appealed to the
Planning Commission, in compliance with Chapter 21.62 (Appeals).
CHAPTER 21.58 - NONCONFORMING USES AND STRUCTURES
Sections:
21.58.010 - Purpose of Chapter
21.58.020 - Applicability
21.58.030 - Definitions
21.58.040 - Restrictions on Nonconforming Uses
21.58.050 - Restrictions on Nonconforming Structures
21.58.010 - Purpose of Chapter
A. Purpose. This Chapter establishes regulations for legal nonconforming uses and structures. These
are uses and structures within the City that were lawfully established and constructed before the
adoption or amendment of this Zoning Code, but which would be prohibited, regulated, or restricted
differently under the current terms of this Zoning Code or future amendments thereto.
B. Intent. It is the intent of this Chapter to limit the number and extent of nonconforming structures by
prohibiting their being altered, enlarged, expanded, intensified, moved, or replaced; and, by
prohibiting their restoration after destruction. Eventually, all nonconforming structures are to be
eliminated or altered to conform to the zoning district standards in which they are located.
21.58.020 - Applicability
A. Nonconforming uses and structures. Nonconforming uses and structures within the City may
continue to be used, and may be altered, maintained, expanded, reconstructed, or replaced only as
allowed by this Chapter.
B. City properties. Any property with a nonconforming structure owned in whole or part by the City of
Campbell may continue to be used, and may be altered or expanded if the alterations, additions, or
extensions do not extend beyond the boundaries of the original site. Nothing in this Chapter shall be
construed to require the discontinuance, or removal of a City-owned nonconforming structure.
C. Status of designated cultural resource. Designated cultural resources shall not be considered
nonconforming or illegal for purposes of maintenance and upkeep.
D. Illegal uses, structures, and signs. Uses and structures which did not comply with the applicable
provisions of the Municipal Code or the Santa Clara County regulations when originally established,
are in violation of this Zoning Code and are subject to the provisions of Chapter 21.70 (Enforcement).
This Chapter does not grant any right to continue the use or occupancy of property containing an
illegal use or structure, or any use or structure that was not legally created:
E. Nuisance abatement. In the event that a nonconforming use or structure is found to constitute a
public nuisance, appropriate action may be taken by the City, in compliance with Municipal Code
Chapter 6.10 (Nuisance Abatement and Property Maintenance Regulations), or other applicable
provisions of law.
21.58.030 - Definitions
Nonconformities are defined as follows:
Nonconforming structures. A structure the size, dimensions or location of which was lawful prior to the
adoption, revision or amendment of this Zoning Code, but which fails by reason of such adoption,
revision or amendment to conform to the current requirements of this Zoning Code.
Nonconforming use. A use or activity which was lawful prior to the adoption, revision or amendment of
this Zoning Code, but which fails by reason of such adoption, revision or amendment to conform to the
current use regulations for the zoning district in which it is located.
Nonconformity upon annexation. A use, structure, or parcel that legally existed in the unincorporated
territory and after annexation does not comply with the provisions of this Zoning Code. .
21.58.040 - Restrictions on Nonconforming Uses
A. Purpose. This Section is intended to limit the number and extent of nonconforming uses by
prohibiting expansion, enlargement, or intensification, re-establishment after abandonment, alteration
of the structures they occupy, and restoration after destruction.
B. Continuation of use.
1. The nonconforming use of a structure, lawfully established before the enactment of rezoning,
reclassification, or change of regulations, may be continued only in compliance with the
provisions of this Chapter.
2. Notwithstanding anything contained in this Chapter to the contrary, any motor vehicle repair
facility that is nonconforming with regard to the requirements of Section 21.36.140 (Motor
Vehicle Repair Facilities), shall come into compliance with all applicable regulations of this
Section 21.36.140 within 24 months of the latter of:
a. The effective date of th~ ordinance adopting this provision; or
b. The date that the use became nonconforming.
Nothing contained in Subsection B.2. shall be construed as prohibiting a lawfully established
motor vehicle repair facility that is presently non-conforming solely due to the fact that it is not
currently a permitted use in the zoning district in which is located form continuing to operate so
long as the use complies with the operational requirements of Section 21.36.140.
C. Change in use.
1. The nonconforming use of a site or structure may be changed to a use of the same or more
restricted classification as determined by the Community Development Director.
2. Where the nonconforming use of a site or structure is changed to a use of a lesser intensity, it
shall not thereafter be changed to a use of greater intensity.
D. Enlargement or expansion prohibited. A nonconforming use shall not be enlarged or increased to
occupy a greater floor area or portion of the site than it lawfully occupied before becoming a
nonconforming use.
E. Discontinued use.
1. A nonconforming use that is abandoned, discontinued, or has ceased operations for a continuous
period of at least 12 months shall not be re-established on the site and further use of the structure
or parcel shall comply with all of the regulations of the applicable zoning district and all other
applicable provisions of this Zoning Code.. .
2. Evidence of abandonment shall include, but is not limited to, the actual removal of equipment,
furniture, machinery, structures, or other components of the nonconforming use, the turning-off
of the previously connected utilities, or where there are no business receipts/records available to
provide evidence that the use is in continual operation.
F. Nonconforming use ofIand. The nonconforming use ofland, on which no main structure is located,
which was lawfully established before the enactment of zoning, rezoning, reclassification, or change
of regulations, may be continued for a period of not more than five years from when it first became
nonconforming; provided:
1. No nonconforming use of land shall in any way be expanded or extended either on the same or
adjoining property.
2. The nonconforming use of land may be changed to a use of the same or lesser intensity (as
determined by the Community Development Director) but where the nonconforming use of land
is changed to a use of lesser intensity it shall not thereafter be changed to a use of greater
intensity.
3. A nonconforming use of land that is abandoned or discontinued for a continuous period of at least
12 months shall not be re-established. Any further use of the site thereafter shall comply with all
applicable provisions of this Zoning Code.
G. Nonconforming due to lack of Conditional Use Permit. A use that is nonconforming due to the
lack of a Conditional Use Permit may continue only to the extent that it previously existed (e.g., floor
or site area occupied by the use, hours of operation, type or intensity of use). Any change shall
require Conditional Use Permit approval.
H. Previous Conditional Use Permits in effect. A use that was established with Conditional Use
Permit approval but is a use no longer allowed by this Zoning Code within the applicable zoning
district may continue in operation, but only in compliance with all of the provisions of the original
Conditional Use Permit. If the Conditional Use Permit specified a termination date, the use shall be
discontinued in compliance with that termination date.
I. Nonconformance due to reclassification. The foregoing provisions of this Zoning Code shall also
apply to uses and structures which thereafter become nonconforming due to any reclassification of
zoning districts, in compliance with Chapter 21.60 (Amendments) or any subsequent change in the
regulations of this Chapter; provided, where a period of years is specified in this Section for the
removal of nonconforming uses or structures the period shall be computed from the date of the
reclassification or change.
21.58.050 - Restrictions on Nonconforming Structures
A. Purpose. This Section is intended to limit the number and extent of nonconforming structures by
prohibiting their being altered, enlarged, or moved, and by prohibiting their restoration after
destruction. Eventually, all nonconforming structures are to be altered or eliminated to conform to all
applicable provisions of this Zoning Code.
B. Continuation of structure. A nonconforming structure, lawfully constructed before the enactment
of rezoning, reclassification, or change of regulations may be continued only in compliance with the
provisions of this Chapter.
C. Maintenance, repairs, and minor alterations. Except as otherwise provided in this Chapter, a
nonconforming structure may be maintained, repaired, and minor alterations made; provided no
structural alterations shall be made except those required by law or ordinance.
D. Additions, enlargements, and moving.
1. A nonconforming structure shall not be added to or enlarged in any manner, except as identified
in Subsection F. (Exceptions), below.
2. A structure that does not comply with the height or area regulations shall not be added to or
enlarged in any manner, except as identified in Subsection F. (Exceptions), below.
3. A structure lacking sufficient off-street parking spaces may be altered or enlarged; provided the
required additional parking spaces are provided, in compliance with Chapter 21.28 (Parking and
Loading).
4. No nonconforming structure shall be moved in whole or in part to any other location on the parcel
unless every portion of the structure is made to conform to all applicable provisions of this
Zoning Code.
E. Reconstruction after damage or destruction. A nonconforming structure that is involuntarily
damaged or partially destroyed by earthquake, fire, flood, wind, or other calamity or act of God or the
public enemy, clearly beyond the control of the property owner, may be reconstructed in compliance
with the Building Code, only as follows:
1. Cost does not exceed 75 percent. A nonconforming structure which is involuntarily damaged or
partially destroyed to the extent that the cost of restoration does not exceed 75 percent of the cost
of construction of a comparable new structure (as determined by the Building Official) may be
restored or reconstructed; provided, the restoration is started within 12 months of the date of
damage, and the restoration is completed within 12 months thereafter;
2. Cost exceeds 75 percent. In the event the cost to repair the damage or destruction exceeds 75
percent of the cost of construction of a comparable new structure (as determined by the Building
Official) no repairs or reconstruction shall be made unless every portion of the structure is made
to conform to all applicable provisions of this Zoning Code;
3. Exceeds 75 feet in height. In compliance with the intent of Section 21.18.050 (Exceptions to
Height Provisions), and notwithstanding any provisions to the contrary, a nonconforming
structure that equals or exceeds 75 feet in height shall be allowed to be reconstructed or restored
if it becomes involuntarily damaged or destroyed, in whole or in part, in the manner identified in
Subsection E.!., above.
4. Residential structures.
a. Nonconforming single- and multi-family residential dwelling units involuntarily damaged or
destroyed due to a catastrophic event may be reconstructed or replaced with a new
structure(s) using the same development standards of the Zoning Title that applied to the
damaged or destroyed structure(s) (e.g., building envelope and footprint standards) at the time
that it was originally constructed or modified.
b. A complete application for reconstruction shall be submitted within 12 months of the date of
damage, reconstruction shall be commenced within 180 days of land use permitlBuilding
Permit approval, and must be diligently pursued to completion.
c. The new construction shall comply with current Building and Fire Code requirements.
F. Exceptions.
1. Failure to meet setbacks. A structure that fails to meet the setback requirements for the zoning
districts in which it is located may be added to or enlarged in compliance with the following
criteria:
a. The structure was lawfully constructed;
b. The addition or enlargement is limited to the first floor;
c. The addition or enlargement does not decrease the existing setbacks;
d. Any upper story additions comply with the current setback requirements; and
e. The decision-making body approving the permit for the addition or enlargement finds that the
addition or enlargement will not be detrimental to the public health, safety, or general welfare
of persons residing in the neighborhood.
2. Policy "E" of the San Tomas Neighborhood Plan.
a. Additions to legally existing structures in the San Tomas area may be added to or enlarged as
allowed under policy "E" of the San Tomas Neighborhood Plan.
b. Policy "E" is incorporated herein by reference.
c. The map outlining the boundaries of the San Tomas area is maintained at the Community
Development Department.
d. In the case of conflict between the San Tomas Neighborhood Plan policy "E" and the
requirements contained in this Chapter, policy "E" ofthe plan shall prevail.
3. Repairs or alterations otherwise required by law shall be allowed. Reconstruction required to
reinforce un-reinforced masonry structures or to comply with Building Code requirements shall
be allowed without the cost limitations identified in Subsection E. (Reconstruction after damage
or destruction), above; provided the retrofitting and Code compliance are limited exclusively to
compliance with earthquake safety standards and other applicable Building Code requirements,
including the applicable provisions of State law (e.g., Title 24, California Code of Regulations,
etc).
CHAPTER 21.62 - ApPEALS
Sections:
21.62.010 - Purpose of Chapter
21.62.020 - Appeals from Administrative Decisions
21.62.030 - Appeals from Decisions of the Planning Commission
21.62.040 - Filing and Processing of Appeals
21.62.050 - Action on Appeals
21.62.010 - Purpose of Chapter
This Chapter provides procedures for filing appeals of determinations or decisions rendered by the
Community Development Director or the Planning Commission.
21.62.020 - Appeals from Administrative Decisions
A. Appeal of Community Development Director's or City Official's interpretation. The applicant
or any other interested party may file an appeal to the Planning Commission from an administrative
interpretation made by the Community Development Director or any City official in compliance with
this Zoning Code.
B. Appeal of Community Development Director's decisions. The applicant or any other interested
party may file an appeal to the Planning Commission from any of the following decisions made by
the Community Development Director:
1. Administrative Planned Development Permits;
2. Administrative Site and Architectural Review Permits;
3. Fence Exceptions;
4. Notice of Intent to Record;
5. Reasonable Accommodations; and
6. Tree Removal Permits.
C. Appeal filed with the Community Development Department. The appeal shall be filed with the
Community Development Department and accompanied by a filing fee in compliance with the City's
Schedule of Fees and Charges, no part of which is refundable.
D. Finality of Appeals. The decision of the Planning Commission on any appeal taken pursuant to this
Section are final and not subject to further appeal.
E. Ministerial actions. Ministerial actions granting or denying a Building Permit, Zoning Clearance,
Home Occupation Permit, or any other ministerial action pursuant to this Zoning Code are final and
not subject to appeal.
21.62.030 - Appeals from Decisions of the Planning Commission
A. Appeal of Planning Commission decision. The applicant or any other interested party may file an
appeal to the City Council from any decision of the Planning Commission rendered in compliance
with this Zoning Code, except for appeals heard by the Planning Commission pursuant to Section
21.62.020.
B. Appeal filed with the City Clerk. The appeal shall be filed with the City Clerk and accompanied by
a filing fee in compliance with the City's Schedule of Fees and Charges, no part of which is
refundable.
21.62.040 - Filing and Processing of Appeals
A. Timing and form of appeal.
1. Appeals shall be submitted in writing and filed with the City Clerk within 10 days after the date
the Community Development Director or the Planning Commission renders the decision.
2. The number of days shall be construed as calendar days. Time limits will extend to the following
City Hall working day where the last of the specified number of days falls on a weekend, holiday,
or other day when City Hall is officially closed.
3. Appeals shall be accompanied by the filing fee set by the City's Schedule of Fees and Charges, no
part of which is refundable.
B. Effect of filing. The filing of an appeal in compliance with this Chapter shall have the effect of
suspending the effective date of the decision being appealed, and no further actions or proceedings
shall occur in reliance on the decision being appealed except as allowed by the outcome of the appeal.
C. Required statement and evidence.
1. Applications for appeals shall include a statement specifying the basis for the appeal and the
specific aspect of the decision being appealed.
2. Appeals shall be based upon an error in fact, dispute of findings, or inadequacy of conditions to
mitigate potential project impacts.
3. Appeals shall be accompanied by supporting evidence substantiating the basis for the appeal.
D. Notice to applicant. If the appellant is not the applicant, a copy of the appeal shall be sent to the
applicant, by first class United States mail or comparable delivery service, postage prepaid, to the
address listed on the application within seven days of its filing.
E. Report and scheduling of hearing.
1. When an appeal has been filed, the Community Development Director shall prepare a report on
the matter, and schedule the matter for consideration by the appropriate appeal body, with notice
provided in compliance with Subsection F., immediately below.
2. All appeals shall be considered in public hearings.
3. The City may consolidate hearings on all timely filed appeal applications for the same project.
F. Notice requirements.
1. Public notice for a hearing on an appeal shall be provided in the same manner as required for
the decision being appealed.
2. The content of the notice shall comply with Chapter 21.64 (Public Hearings).
G. Withdrawal of appeal. Once filed, an appeal may only be withdrawn by a written request submitted
to the City Clerk with the signatures of all persons who originally filed the appeal.
H. Decision shall be final after 10 days. Any determination or decision not appealed within the lO-day
period shall be final.
21.62.050 - Action on Appeals
A. Action. At the hearing, the decision-making body may only consider any issue involving or related
to the matter that is the subject of the appeal, in addition to the specific grounds for the appeal, and
shall conclude the proceedings with one of the following actions.
1. Affirmation or reversal. The appeal body may, by resolution, affirm, affirm in part, or reverse
the action that is the subject of the appeal.
2. Additional conditions. When reviewing an appeal on a permit, the appeal body may adopt
additional conditions of approval involving or related to the subject matter of the appeal.
3. Deny the permit. Deny the permit approved by the previous decision-making body, even though
the appellant only requested a modification or elimination of one or more conditions of approval.
4. Referral. If new or different evidence is presented in the appeal, the Planning Commission or
City Council, may, but shall not be required to, refer the matter back to the Community
Development Director or Planning Commission, as applicable, for further consideration. Any
new evidence shall relate to the subject of the appeal.
5. Required findings. The appeal body shall make the required findings in support of its final
action.
B. Deadlock vote.
1. By Planning Commission. In the event an appeal from an action of the Community
Development Director results in a deadlock vote by the Planning Commission, the determination,
interpreting decision, judgment, or similar action of the Community Development Director shall
be recognized as final, unless appealed to the City Council.
2. By City Council. In the event that an appeal from an action of the Planning Commission results
in a deadlock vote by the City Council, the action of the Planning Commission shall become
final.
C. Effective date of decision.
1. Final action by Planning Commission. An action of the Community Development Director
appealed to the Planning Commission shall not become effective until final action by the
Planning Commission.
2. Final action by City Council. An action of the Planning Commission appealed to the City
Council shall not become effective until final action by the City Council.
CHAPTER 21.70 - ENFORCEMENT
Sections:
21.70.010 - Purpose of Chapter
21.70.020 - Permits, Certificates and Licenses
21.70.030 - Duties of the Community Development Director
21.70.040 - Penalties
21.70.050 - Remedies are Cumulative
21.70.060 - Inspections
21. 70.070 - Code Enforcement Fees
21.70.010 - Purpose of Chapter
This Chapter is intended to indicate the responsibilities for the enforcement of the Zoning Code and the
penalties for violations.
21.70.020 - Permits, Certificates and Licenses
All departments, officials and employees of the City vested with the duty or authority to issue permits,
certificates or licenses shall comply with the provisions of this Title, and shall issue no permit, certificate
or license which conflicts with the provisions of this Title. Any permit, certificate or license issued in
conflict with the provisions of this Title shall be void.
21.70.030 - Duties of the Community Development Director
The Community Development Director or such other person as the Community Development Director
may designate is authorized to enforce this Title. The Community Development Director may serve
notice requiring removal of any structure or use in violation of this Title. The Community Development
Director may call upon the City Attorney to institute necessary legal proceedings to enforce the
provisions of this Title, and the City Attorney is authorized to institute appropriate action to that end. The
Community Development Director may call upon the Chief of Police and his authorized agents to assist
in the enforcement of this Title.
21.70.040 - Penalties
A. Infractions. It is unlawful for any person, firm or corporation to violate any provision, or fail to
comply with any mandatory requirement of this Title. Except as otherwise provided in Subsection B
of this Section, any entity violating any provision, or failing to comply with any mandatory
requirement of this Title, is guilty of an infraction, and upon conviction shall be punished by a fine of
not more than $100.00.
B. Misdemeanors. Notwithstanding any provision to the contrary, any person, firm or corporation
committing any act made unlawful pursuant to Subsection A. of this Section shall be guilty of a
misdemeanor, and upon conviction shall be punished by a fine of not more than $1,000 and/or
imprisonment of not more than six months, if any of the following circumstances exists:
1. The violation was committed willfully or with knowledge of its illegality;
2. The violator does not cease, or otherwise abate the violation after receiving notice of such
violation;
3. The violator has previously been convicted of violating the same provision of this Title within
two years of the currently charged violation; or
4. The provision violated specifies that such violation shall be a misdemeanor.
C. Violations. Each person, firm or corporation violating any provision, or failing to comply with the
mandatory requirements of this Title shall be deemed guilty of a separate offense for each and every
day during any portion of which any violation of any provision of this Title is committed, continued
or permitted by such person, firm or corporation, and shall be punishable as provided in this Section.
Any use not specifically permitted under the provisions governing the zone in which such use is
located shall be considered a violation of this Title.
D. Recordation of violation. The Community Development Director or his or her authorized
representative may issue a 20-day notice of intent to record the violation. The notice of intent is
appealable pursuant to Section 21.62.020.B. Absent an appeal and after 20 days from issuance of the
notice of intent, the violation may be recorded with the County Recorder by parcel number.
E. Unlawful use or structure. Any use or structure that is altered, enlarged, erected, established,
maintained, moved, operated, or allowed to exist or continue in a manner contrary to the provisions of
this Zoning Code, or any applicable condition of approval, is hereby declared to be unlawful, and
shall be subject to the remedies and penalties identified in this Chapter, and the revocation procedures
initiated in compliance with Chapter 21.68 (Revocations and Modifications).
21.70.050 - Remedies are Cumulative
All remedies contained in this Zoning Code for the handling of violations or enforcement of the
provisions of this Zoning Code shall be cumulative and not exclusive of any other applicable provisions
of local, State, or Federal law.
21.70.060 - Inspections
A. Allow access to property. Every applicant seeking an application, approval, permit, or any other
action in compliance with this Zoning Code shall allow appropriate City officials access to any
premises or property that is the subject of the application. If the permit or other action is approved,
the owner or applicant shall allow appropriate City officials access to the premises to determine
continued compliance with the approved permit and any conditions of approval.
B. Failure to allow inspections. Failure to allow inspection of an approved use shall be grounds for
revocation of any City issued permit and/or Business License.
21.70.070 - Code Enforcement Fees
A. Purpose. Code Enforcement fees are intended to compensate for administrative costs for repeated
City inspections, and not as a penalty for violating this Zoning Code or the Municipal Code.
B. Initial Inspections. Code Enforcement fees shall not apply to the original inspection to document the
violations and shall not apply to the first scheduled compliance inspection made after the issuance of
a notice or letter, whether or not the correction has been made.
C. Zoning Entitlement Required. If a zoning entitlement is required to correct a violation (e.g., to
legalize the establishment of a land use; or to alter, construct, enlarge, erect, maintain, or move a
structure), the applicant shall pay the additional permit processing fee established by the City's
Schedule of Fees and Charges to process the application.
D. Reinspection Fee. A reinspection fee shall be imposed on each property owner who receives a notice
of violation, notice and order, or letter of correction of any provision of the Municipal Code, adopted
Building Code, or State law. The Code Enforcement reinspection fee amount shall be established by
the City's Schedule of Fees and Charges. The fee may be assessed for each inspection or reinspection
conducted when the particular violation for which an inspection or reinspection is scheduled or
conducted and the violations have not been fully abated or corrected as directed by, and within the
time and manner specified in, the notice or letter. Any reinspection fees imposed shall be separate
and apart from any fines or penalties imposed for violation of the law, or costs incurred by the City
for the abatement of a public nuisance.
E. Continuing Violation. If a notice or letter has been previously issued for the same violation and the
property has been in compliance with the law for less than 180 days, the violation shall be deemed a
continuation of the original case and all inspections or reinspections, including the first inspection for
the repeated offense, shall be charged a reinspection fee.
CHAPTER 21.72 - ADMINISTRATIVE DECISION PROCESS
Sections:
21.72.010 - Purpose of Chapter
21.72.020 - Approval Authority and Process
21.72.030 - Findings and Decision
21.72.040 - Conditions and Time Limits
21.72.050 - Notification of Decision
21.72.060 - Post Decision Procedures
21.72.010 - Purpose of Chapter
The purpose of this Chapter is to provide procedures for processing and reviewing discretionary permits
through a staff level administrative decision process. By following these procedures, it is intended that
interested individuals and groups will be aware of the proposals under consideration by the Community
Development Director and may offer their input into the decision-making process.
21.72.020 - Approval Authority and Process
A. Approval authority. The Community Development Director is the approval authority for the
following discretionary permits processed through the administrative decision process:
1. Administrative Planned Development Permits;
2. Administrative Site and Architectural Review Permits;
3. Fence Exceptions; and
4. Tree Removal Permits.
B. Notice. The Community Development Director shall mail a notice to owners of record within a 300-
foot radius of the subject property indicating that an application has been filed with the Community
Development Department. The notice shall be mailed a minimum of 10 days before a decision is
rendered. The notice shall provide a brief description of the project, the project location, and the
starting and ending dates for the 10 day comment period during which the City will receive comments
on the project. The notice shall also require that any comments submitted from any interested
individuals or groups shaIl be submitted to the Planning Division in writing prior to the end of the
given comment period.
C. Additional notice. In addition to the methods of noticing required by Subsection B above, the
Community Development Director may provide any additional notice using any distribution method
or a greater noticing radius that the Community Development Director determines is necessary or
desirable.
D. Failure to Mail or Receive Notice. Failure of the Community Development Director to mail a
notice required by this Chapter or the failure of any person to receive the notice shall not affect the
validity of any proceedings taken under this Chapter or any action or decision of the Community
Development Director.
E. Decision. The Community Development Director shall render a decision after the required 10 day
noticing period has ended.
F. Referral. The Community Development Director shall have the authority to refer applications
handled through the administrative decision process to the Planning Commission for a decision.
21.72.030 - Findings and Deci~ion
An application may be approved only if all the applicable findings located in each respective Chapter
relating to each type of application are made by the Community Development Director.
21.72.040 - Conditions and Time Limits
The Community Development Director may take the following actions in approving an application:
A. May impose conditions of approval. The Community Development Director may impose
conditions of approval, as deemed reasonable and necessary under the circumstances, to carry out the
intent of this Chapter and the General Plan.
B. May impose time limits. The Community Development Director may impose time limits within
which the conditions of approval shall be fulfilled and the proposed development started or
completed.
C. Valid in 10 days. The decision shall become valid 10 days following the date of approval in
compliance with Chapter 21.56 (Permit Implementation, Time Limits, and Extensions) unless
appealed, in compliance with Chapter 21.62 (Appeals).
21.72.050 - Notification of Decision
A. Written notification to applicant. Written notification of the decision of the Community
Development Director shall be provided to the applicant following a decision.
B. Shall include conditions and time limits. In the case of approval, the notification shall include all
conditions and time limits imposed by the Community Development Director.
21.72.060 - Post Decision Procedures
The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are
identified in Article 5 (Zoning Code Administration) and those identified in Chapter 21.56 (Permit
Implementation, Time Limits, and Extensions) shall apply following the decision.