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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.