Chapter 16.08 PERMITS AND APPROVALS

A request, made and approved by the planning commission to the city council;

A request, made and approved by the city council;

An application from a property owner or his/her authorized agent; provided, that such application involves the development or modification of property located within the area affected by such amendment; or

An application from any affected party; provided, that such application involves only revisions to the goals, objectives, policies, and implementation programs of the general plan.

Planning Commission Review.

City Council Review and Action. A public hearing before the city council shall be noticed and held after the recommendation of the planning commission to approve or deny a proposed general plan amendment. The city council may approve, approve with modifications, or disapprove any proposed amendment. Prior to council action, any substantial modification proposed by the council which was not previously considered by the planning commission shall first be referred to the planning commission for a recommendation within 45 calendar days, or within the time period set by the city council, and shall be deemed a recommendation for approval.

The proposed amendment is consistent with the goals, objectives, policies, and programs of the general plan, or the general plan as revised by the proposed amendment, and will not result in any internal inconsistencies within the plan;

The proposed amendment will not adversely affect the public health, safety, or general welfare;

The proposed amendment is consistent with the purposes and intent of this title, unless such amendment proposes to change, supplement, or alter any part of this title, whereas said amendment must be consistent with all applicable sections including these findings; and

The potential environmental impacts of the proposed amendment are insignificant or there are overriding considerations which outweigh the potential impacts.

A request made and approved by the planning commission;

A request made and approved by the city council;

A request made by the community development director to the planning commission subject to approval by the planning commission;

An application from a property owner or his/her authorized agent; provided, that such application involves the development or modification of property located within the area affected by such amendment; or

An application from any affected party; provided, that such application involves only revisions to the text of this title and does not require redistricting of properties for which the affected party is not the owner or the authorized representative of the owner.

Planning Commission Review.

City Council Review and Action. A public hearing before the city council shall be noticed and held within 60 days after the recommendation of the planning commission to approve a proposed amendment to this title or to the zoning map, or appeal of a decision by the planning commission to approve or deny a proposed amendment to this title or to the zoning map. The city council may approve, approve with modifications, or disapprove any significant proposed amendment. Prior to city council action, any modification not previously considered by the planning commission may first be referred to the planning commission for a recommendation. The proposed modification shall be deemed approved by the planning commission should the planning commission fail to review the proposed modification within the time limits established by the city council.

The proposed change of zone or revision is consistent with the goals, objectives, policies, and programs of the general plan, and is necessary and desirable to implement the provisions of the general plan;

The proposed change of zone or revision will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern;

The proposed change of zone or revision is consistent with the purpose and intent of the remainder of this title not under consideration; and

The potential environmental impacts of the proposed change of zone or revision are insignificant or there are overriding considerations which outweigh the potential impacts.

For the purpose of establishing zoning regulations which would become effective upon annexation, property outside the corporate boundaries of the city of Highland, but within the sphere of influence, may be classified within one or more zoning districts in the same manner and subject to the same procedural requirements as prescribed herein for properties within the city.

Upon passage of an ordinance establishing the applicable pre-zoning designation for property outside the city, the zoning map shall be revised to identify the district or zoning districts applicable to such property with the label "Pre-" in addition to such other map designation as may be applicable.

The proposed use is permitted within the subject district pursuant to the provisions of this section, and complies with all of the applicable provisions of this title; and is consistent with the goals, policies, and objectives of the Highland general plan, and with the applicable development policies and standards of the city;

The proposed use would not impair the integrity and character of the district in which it is to be established or located;

The site is suitable for the type and intensity of use or development which is proposed;

There are adequate provisions for water, sanitation, and public utilities and services to ensure public health and safety;

The proposed use will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity; and

The proposed use would not result in a significant effect on the environment.

Requirements for setbacks, yard areas, and open spaces.

Fences, walls, buffers, and screening.

Parking, parking areas, and vehicular ingress and egress in addition to the minimum requirements of Chapter 16.52 HMC.

Landscaping and maintenance of landscaping and grounds.

Regulation of signs.

Control of noise, vibration, odors, and other potentially dangerous or objectionable elements.

Limits on hours of operation or duration of approval.

Time period within which the proposed use shall be developed.

Requirements for street improvements and dedications.

Building design and elevations.

Such other conditions as may be determined to assure that development will be in accordance with the intent and purposes of this title.

Reasonable guarantees of compliance with required conditions, such as a deed restriction or requiring the applicant to furnish security in the form of money or surety bond in the amount fixed by the administering agency.

Requirements for periodical review by the planning commission, and such other conditions as the planning commission may deem necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enable the commission to make the findings required by this subsection.

Revisions/Modifications Requested by Applicant. A revision or modification to an approved conditional use permit, including, but not limited to, change in conditions, expansions, intensification, location, hours of operation, or change of ownership, may be requested by an applicant. The applicant shall supply necessary information as determined by the community development director to indicate reasons for the requested change. The requested revision or modification shall be processed in the same manner as the original conditional use permit.

Review by Planning Commission. The planning commission may periodically review any conditional use permit to ensure that it is being operated in a manner consistent with conditions of approval or in a manner which is not detrimental to the public health, safety, or welfare, or materially injurious to properties in the vicinity. If, after review, the commission deems that there is sufficient evidence to warrant a full examination, then a public hearing date shall be set. At such public hearing, the planning commission may modify or revoke the permit pursuant to the provisions of HMC § 16.08.220.

The proposed use will be arranged, designed, constructed and maintained to be compatible with the character of the area as intended by the general plan, and is consistent with the goals, objectives, policies and programs of the general plan;

The proposed use is permitted within the applicable district, or specific plan, and complies with all applicable zoning provisions;

The proposed use, together with applicable conditions, will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity;

The architecture and landscaping proposed observe community standards as described in the adopted general plan, ensuring visual relief protecting the character of adjacent development and providing an attractive environment for the public's enjoyment;

The proposed use would not result in significant impact to the environment;

All other state and federal permits have been obtained; and

The site is reasonably safe from flooding.

Setbacks, yard area and open spaces;

Fences, walls, and screening;

Parking, parking areas and vehicle ingress and egress;

Landscaping and maintenance of landscaping and grounds;

Regulation of signs;

Control of noise, vibration, odor and other potentially dangerous or objectionable elements;

Limits on hours of operation;

Time period for compliance with conditions of approval;

Perimeter roads and properly maintained fuel modification areas with fire hazard zones I and II; and

Other conditions as may be determined to assure that development will be in accordance with the intent and purposes of this title.

Parking improvements.

Up to 30 percent of parking and loading space requirements, not to exceed two spaces.

Up to 40 percent of front yard setback requirements.

Up to 40 percent of side yard setback requirements, but no closer than three feet from property line.

Up to 30 percent of rear yard setback requirements, but no closer than 10 feet from property line.

Up to 30 percent of area requirements, excluding lot area requirements.

Up to 30 percent of height limitations, except that any height deviation not exceeding two feet shall also be considered a minor variance.

Up to 50 percent of maximum gross floor area requirements.

That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary hardship not otherwise shared by others within the surrounding area or vicinity;

That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property which do not apply generally to other properties in the vicinity and under the same zoning classification;

That the strict interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity and under the same zoning classification;

That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and under the same zoning classification;

That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and

That the granting of the variance is consistent with the objectives and policies of the general plan and the intent of this title.

Requirements for open spaces, fences, walls, and screening buffers; requirements for landscaping and erosion control measures, including maintenance thereof;

Requirements for dedications and street improvements;

Regulation of vehicular ingress and egress and traffic circulation; and

Regulation of hours of operation, and such other conditions deemed necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enable the reviewing authority to make all the findings required above.

The Legislature of the State of California adopted Section 65864 et seq. of the Government Code, authorizing local governments to enter into development agreements with applicants for development projects. Under appropriate circumstances, development agreements will strengthen the public planning process, encourage private participation in comprehensive planning by providing a greater degree of certainty in that process, reduce the economic costs of development, allow for the orderly planning of public improvements and services and the allocation of costs therefor in order to achieve the maximum utilization of public and private resources in the development process, and assure, to the extent feasible, that appropriate measures to enhance and protect the environment of the city are achieved.

The objective of such an agreement is to provide assurances that, upon approval of the project, the applicant may proceed with the project in accord with existing policies, rules and regulations, subject to the conditions of approval, thus vesting certain development rights in the property. Development agreements will also ensure that all conditions of approval, including the construction of off-site improvements made necessary by such land developments, will proceed in an orderly and economical fashion to the benefit of the city. The purpose of this chapter is to establish procedures and requirements for consideration of development agreements by the city consistent with state law.

An applicant may propose that the city consider entering into a development agreement pursuant to Article 2.5, Title 7 of the California Government Code commencing with Section 65864, by filing an application with the community development department and demonstrating that the project satisfies the eligibility requirements of this section.

The form of said application shall be as established by the community development director.

Applicant. An application may be filed only by the property owner or other person having a legal or equitable interest in the property that is the subject of the development agreement or by that person's authorized agent. The term "applicant" shall also include any successor in interest to the property owner, or successor in interest to any other person having a legal or equitable interest in the property.

Eligibility Requirements. The city council finds that it may be in the city's best interest to enter into a development agreement when construction of the project will be phased over a several-year period, is a large scale development, shall occupy substantial acreage, or in some other way requires long-term certainty on the part of the developer and the city. The city council reserves the sole right to determine whether a development agreement is appropriate and in the best interest of the city for a specific development project.

Each application shall be accompanied by a proposed development agreement which shall specify the duration of the agreement, the permitted uses of the property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes.

A proposed agreement may include conditions, terms, restrictions and requirements for subsequent discretionary actions; provided, that such conditions, terms, restrictions and requirements for subsequent discretionary actions shall not unreasonably prevent development of the land for the uses and to the density or intensity of the development set forth in the agreement. A proposed agreement may also provide that construction shall be commenced within a specified time and that the project or any phases thereof be completed within a specified time.

A program and standards for periodic review of the agreement shall be included.

Appropriate provisions, acceptable to the city attorney, providing security for the performance of the developer under the development agreement.

A development agreement shall include all conditions imposed by the city with respect to the development project, including those conditions required as a result of any environmental review prepared under the California Environmental Quality Act; provided, agreements for special purposes may be adopted covering only certain aspects of the project. Any such special purpose development agreement shall be identified as such.

All development agreements shall contain an indemnity and insurance clause, in form and substance acceptable to the city attorney, requiring the developer to indemnify the city against claims arising out of the development process; provided, that such a provision does not violate applicable law or constitute a joint venture, partnership or other participation in the business affairs of the developer by the city.

All development agreements, or any part of such development agreements, may be subject to subsequent condemnation proceedings by the city.

A proposed agreement may include such additional conditions, terms, restrictions or requirements as determined by the planning commission and city council to be in the public interest.

Only a qualified applicant may file an application to enter into a development agreement with the city. The community development director may require an applicant to submit proof of his interest in the real property and of the authority of the agent to act for the applicant. Such proof may include a preliminary title report issued by a title company licensed to do business in the state of California evidencing the requisite interest of the applicant in the real property. Before processing the application, the community development director may obtain the opinion of the city attorney as to the sufficiency of the applicant's interest in the real property to enter into the development agreement as a qualified applicant.

In addition to the city and the qualified applicant, any federal, state or local governmental agency or body may be included as a party to any development agreement. Any such additional party may be made a party to the development agreement pursuant to the provisions of the Joint Exercise of Powers Act (Government Code 6500, et seq.) providing for joint powers agreements, or provisions of other applicable federal, state or local law, in order to create a legally binding agreement among such parties.

The community development director shall endorse the application the date it is received. He shall review the application and may reject it if it is incomplete or inaccurate for processing. If he finds that the application is complete, he shall accept it for filing. The community development director shall review the application and determine any additional requirements necessary to complete the form of development agreement. After receiving the required information, he shall prepare a staff report and recommendation and shall state whether or not the development agreement, as proposed, or in an amended form (specifying the nature of the amendments), would be consistent with the general plan and any applicable specific plan, and with the provisions contained herein and whether it meets the needs and requirements of the city.

The community development director shall, as part of his review of the application, circulate copies of the proposed development agreement to those city departments and other agencies having jurisdiction over the development project to be undertaken pursuant to the development agreement, for review and comment by such city agencies. The city attorney shall also review the proposed development agreement for legal sufficiency and shall prepare a proposed ordinance authorizing the city to enter into the development agreement, for action by the city council upon hearing thereof as specified herein. The staff report and recommendation of the community development director shall include any appropriate recommendations received by other city agencies.

The community development director shall, at the applicant's expense and in accord with city procedures for implementation of the California Environmental Quality Act, undertake environmental review and, upon completion of such review, transmit the application, together with the department's recommendation thereon, to the planning commission.

Upon receipt of an application, the results of the environmental review, and the recommendations of the community development director, the planning commission shall schedule a public hearing. Notice of intention to consider the application shall be given as provided in Sections 65090 and 65091 of the California Government Code and as provided for in HMC § 16.08.170. In addition, if the application is being processed together with the development project, notice of such intention shall be given as required for consideration of the development project.

Review Standard. The planning commission may recommend use of a development agreement as a method of implementing or providing standards and criteria for any development approval including:

Recommendation of Planning Commission. After the public hearing, the planning commission shall make its recommendation in writing to the city council. The recommendation shall include the planning commission's determination as to whether or not the proposed development agreement:

Adoption by Ordinance. A development agreement is a legislative act, and shall be enacted by ordinance only after a public hearing before the city council is held pursuant to the procedures described herein. The ordinance shall refer to and incorporate by reference the text of the development agreement.

Conduct of Hearing. At the hearing, the city council shall consider the planning commission's recommendation together with any additional public testimony, and may approve, disapprove, or modify any recommendation of the planning commission. If public testimony is presented on an issue which was not considered by the planning commission, then the city council may refer the issue back to the planning commission for further hearings and recommendations.

Consistency with the General Plan and any Specific or Policy Plans. Before the city council may approve the development agreement, it must find that its provisions are consistent with the general plan and any applicable specific plans or policy plans of the city. If the city council approves the development agreement in the form recommended by the planning commission, without further findings, then it shall be deemed to have also adopted the findings of the planning commission.

Execution of a Development Agreement. If the city council adopts an ordinance approving a development agreement, then the parties thereto shall execute the development agreement within 30 calendar days after adoption of the ordinance; provided, however, that the development agreement shall not become effective until the ordinance authorizing the development agreement also becomes effective. The time for executing the agreement may be extended by the mutual consent of the city council and the applicant.

Recordation. Within 10 calendar days after the city enters into the development agreement, the city clerk shall have the agreement recorded with the San Bernardino county recorder. If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in Government Code Section 65868, or if the city determines or modifies the agreement as provided in Government Code Section 65865.1 for failure of the applicant to materially comply in good faith with the terms or conditions in the agreement, then the city clerk shall have notice of such action recorded with the San Bernardino county recorder.

The city shall periodically review the development agreement at least once every 12 months after the city enters into a development agreement.

Not less than 45 nor more than 60 calendar days prior to the yearly anniversary of the date the development agreement was entered into, the applicant shall submit evidence to the community development director of the applicant's good-faith compliance with the development agreement. Said notification shall be accompanied by a processing fee in such amount as may hereinafter be established by resolution of the city council.

Finding of Compliance. If the community development director finds good-faith compliance by the developer with the terms of the development agreement, a certificate of compliance shall be issued, which shall be in recordable form and may be recorded by the developer in the official records. The issuance of a certificate of compliance by the community development director and the expiration of the appeal period hereinafter specified without appeal, or the confirmation by the city council of the issuance of the certificate on such appeal, shall conclude the review for the applicable period and such determination shall be final.

Finding of Noncompliance. If, based on substantial evidence, the community development director finds the developer has not complied in good faith with the terms of the development agreement, the respects in which the developer has failed to comply shall be specified in writing. The community development director shall also specify a reasonable time for the developer to meet the terms of compliance. If such areas of noncompliance are not corrected within the reasonable time limits as prescribed by the community development director, the development agreement shall be subject to cancellation pursuant to provisions herein.

Appeal of Determination. Any interested person may file an appeal of the issuance of a certificate of compliance to the city council within 10 days after the certificate's issuance. The developer may also file an appeal to the city council of the finding of the community development director of noncompliance within 10 days after the giving of notice of such determination. All appeals before the city council shall be conducted pursuant to a notice hearing in the same manner as any other appeal before the city council, at which evidence shall be taken and findings thereon made.

Referral to the Planning Commission. The community development director may refer any review to be conducted hereunder to the planning commission. Such referral shall be made together with a staff report of the community development director's preliminary findings. Upon such referral, the planning commission shall conduct a noticed public hearing to determine the good-faith compliance by the developer with the terms of the development agreement in accordance with the provisions of contained herein, and shall direct the issuance of a certificate of compliance upon a finding of good-faith compliance, or make the determination of noncompliance on the basis of substantial evidence. Any such decision by the planning commission shall be subject to appeal to the city council in the same manner as any other such decision.

Cancellation or Modification by Mutual Consent. Any development agreement may be canceled or modified by mutual consent of the parties, but only in the manner provided in California Government Code Section 65868. Any proposal to cancel or modify a development agreement shall be heard and determined in accordance with the same procedures specified by this section for approval of a development agreement.

If, at any time during the term of a development agreement, the community development director or the planning commission finds, on the basis of substantial evidence, that the developer has not complied in good faith with the terms and conditions of the development agreement, and such noncompliance has not been corrected, the community development director or the planning commission as may be shall, pursuant to the notice provisions of this chapter, request that the city council conduct a public hearing at which the developer must demonstrate good-faith compliance with the terms of the development agreement. The burden of proof of substantial evidence of compliance by the developer is upon the developer. If such compliance cannot be shown, the city council shall either commence proceedings to cancel the development agreement or recommend new terms and conditions intended to remedy the noncompliance.

The city council shall conduct a noticed hearing on the recommendations of the community development director or the planning commission at which time the developer and any other interested persons shall be entitled to submit such evidence and testimony as may be germane to the issue of the developer's good-faith compliance with the terms of the development agreement. If the city council finds, based on substantial evidence, noncompliance with the terms and conditions of the development agreement, it may either cancel the development agreement upon giving 60 days' notice to the developer or, in its discretion, may allow the development agreement to be continued by imposition of new terms and conditions intended to remedy such noncompliance. The city council may impose such conditions to the action it takes as it considers necessary to protect the interest of the city. The decision of the city council shall be final.

In the event that a development agreement should be canceled, or otherwise terminated, unless otherwise agreed, all rights of the developer, property owner or successors in interests under the development agreement shall terminate. Any and all benefits, including money or land, received by the city shall be retained by the city. Notwithstanding the above provision, any termination of the development agreement shall not prevent the developer from completing and occupying a building or other improvements authorized pursuant to a valid building permit previously approved by the city or under construction at the time or termination, but the city may take any action permitted by law to prevent, stop, or correct any violation of law occurring during and after construction, and the developer or any tenant shall not occupy any portion of the project or any building not authorized by a previously issued building permit. As used herein, "construction" means work under a valid building permit, and "completing" means completion for beneficial occupancy for developer's use, or if a portion of the project is intended for use by a lessee or tenant, then for such portion. "Completion" means completion except for interior improvements such as partitions, duct and electrical runouts, floor coverings, wall coverings, lighting, furniture, trade fixtures, finished ceilings and other improvements typically constructed by or for tenants of similar buildings. All such uses shall, to the extent possible, be deemed nonconforming uses, and shall be subject to the nonconforming use provisions of this title.

All development agreements shall be subject to the regulation and requirements of the laws of the state of California; the Constitution of the United States; any codes, statutes, or executive mandates; and any court decision, state or federal, thereunder. In the event that any such law, code, statue, mandate or decision made or enacted after a development agreement has been entered into prevents or precludes compliance with one or more provisions of the development agreement, then such provisions of the development agreement shall be modified or suspended in the manner and pursuant to the procedures specified in the development agreement, as may be necessary to comply with such law, code, statute, mandate, or decision.

All development agreements entail and consist of a separate procedure from other land use planning procedures, and shall not take the place of the zoning ordinances, the general plan, conditional use permits, subdivision approvals, building permits or any other city development procedures. If so specified in the development agreement, it shall constitute an approval pursuant to such planning procedures as if separately enacted under other provisions of this title or other city ordinances, to the extent practicable, public hearings on a proposed development agreement shall be held concurrently with the public hearings on all related land use approvals and all such approvals shall be made concurrently with the approval of the development agreement.

When approved, the development agreement and any development control maps and all notations, references and regulations which are a part of the development agreement shall be part of the development agreement ordinance. Development control maps include, but are not limited to, regulations intended to carry out any plan respecting location or type of activities; height, bulk, siding or design of structures; location or design of open areas; and landscaping and other comparable regulations.

This section and any subsequent development agreement with respect to any development agreement enacted under this section, any provision of such a development agreement which is in conflict with this title shall be void. Unless otherwise provided by the development agreement, the city's rules, regulations and official policies governing permitted uses of land, governing density, and governing design, improvement and construction standards and specifications applicable to development of the property subject to a development agreement shall be those city rules, regulations and official policies in force at the time of the approval of the development agreement by the city council; provided, however, that the developer is subject to all increases in city-imposed fees, dedication requirements, and charges with respect to subsequent applications for development and construction within the property subject to a development agreement.

Recognize the interdependence of land values and aesthetics and provide a method by which the city may implement this interdependence to its benefit.

Encourage the orderly and harmonious appearance of structures and property rights within the city along with the associated facilities, such as signs, landscaping, parking areas, and streets.

Maintain the public health, safety and general welfare and property throughout the city.

Assist private and public developments to be more cognizant of public concerns for the aesthetics of development.

Reasonably ensure that new developments, including residential, institutional, commercial, and industrial developments, do not have an adverse aesthetic, health, safety or architecturally related impact upon existing adjoining properties, or the city in general.

Ensure appropriate site planning techniques in order to promote future development of adjacent properties by providing for reciprocal access, integrated parking, building, siting, etc.

Minimize the effects of grading by discouraging mass grading or excessive slopes to ensure that the natural character of terrain is retained.

Preserve significant topographic features, including rock outcroppings, native plant materials and natural hydrology while also encouraging improved drainage from lots directly to a street, storm drain, or through public or privately maintained easements.

Limit the impact of slopes on adjacent developed properties and limit construction on identified seismic or geologic hazards.

Encourage the use of a variety of housing styles, split level grading techniques, varied lot sizes, site design densities, varied setbacks, maintenance of views and arrangement, and spacing to reduce grading impact and impacts on adjacent developed properties.

Encourage the use of energy conservation techniques in all new development.

New construction on vacant property;

Structural additions which are equal to 50 percent or more of the floor area of existing on-site buildings;

Reconstruction projects which are equal to 50 percent or more of the floor area of existing buildings;

Signs as required by the sign regulations, Chapter 16.56 HMC;

Projects involving a substantial change or intensification of land use, such as the conversion of an existing residential structure to an office or commercial use;

Outdoor storage areas;

Landscape plans for projects requiring design review; or

Major public works projects, as feasible.

Except as otherwise required by state law, an application for minor design review is required for residential projects with four or fewer dwelling units, and commercial, industrial and institutional projects not subject to design review which involve the issuance of a building permit for construction or reconstruction of a structure which meets one or more of the following criteria:

The community development director may determine that any minor design review requires review by the planning commission.

The planning commission shall review an application for design review for projects as defined in subsection B of this section.

The planning commission is authorized to approve or deny applications for design review, and to impose reasonable conditions upon such approval, subject to the right of appeal. Conditions may include, but shall not be limited to, requirements for open spaces, screening and buffering of adjacent properties, fences and walls; requirements for installation and maintenance of landscaping and erosion control measures, regulation of vehicular ingress and egress, and traffic circulation; regulation of signs; grading requirements; regulation of hours of operation; establishment of development schedules or time limits for performance or completion of improvements; and such other conditions as the planning commission may deem necessary to ensure compatibility with surrounding uses; to preserve the public health, safety and welfare; and to enable the planning commission to make the findings necessary for approval.

The community development director shall review an application for minor design review for projects as defined in subsection (C)(1) of this section.

The community development director is authorized to approve or deny applications for design review and to impose reasonable conditions upon such approval, subject to the right of appeal. Conditions may include, but shall not be limited to, requirements for open spaces, screening and buffering of adjacent properties, fences and walls; requirements for installation and maintenance of landscaping and erosion control measures, regulation of vehicular ingress and egress, and traffic circulation; regulation of signs; grading requirements; regulation of hours of operation; establishment of development schedules or time limits for performance or completion of improvements; and such other conditions as the community development director may deem necessary to ensure compatibility with surrounding uses; to preserve the public health, safety and welfare; and to enable the community development director to make the findings necessary for approval. The community development director may at his or her option refer any minor design review to the planning commission for action.

Any determination of the community development director may be appealed to the planning commission within 10 calendar days of the community development director action, and shall be on the appropriate form and accompanied by any applicable fee.

The design and layout of the proposed development is consistent with the applicable elements of the general plan; any city design guidelines which may be established; and any adopted architectural criteria for specialized areas such as designated historic districts, theme areas, specific plans or planned developments.

The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring existing or future developments, and will not create a traffic or pedestrian hazard.

The design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain a harmonious, orderly and attractive development.

The design of the proposed development would provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance.

That the proposed project is consistent with the general plan or specific plan;

That the proposed use is in accordance with the objectives of this title, and the purposes of the land use district in which the site is located;

That the proposed use is in compliance with city design and landscape standards and criteria; and

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

Minor Design Review. Adjacent property owners shall be notified by mail of the date, time and nature of the design review at least 10 days prior to the public meeting.

Major Design Review. Property owners within 300 feet of the project shall be notified by mail of the date, time and nature of the design review at least 10 days prior to the public meeting.

Real estate offices on the site or on a proposed subdivision;

Model home complexes on the site of a subdivision;

Construction and security personnel offices on active construction sites;

On-site contractor's construction yard; and

Mobilehome occupied while a house is under construction.

A temporary occupancy permit shall not be extended by any reviewing authority for any period of time to exceed five years after the date the temporary occupancy permit was first issued.

The community development director or building official may approve such permits or extensions of such permits for shorter periods of time and/or subject to conditions, where required by this chapter or where it is determined reasonable and necessary to do so.

Prior to issuing a temporary occupancy permit, extension or renewal for the last allowed period of time (normally between the fourth and fifth such years), the permittee shall submit and obtain approval of the community development director or building official of a plan of action to either remove or replace the subject temporary use with a legally established permanent use.

A temporary use or structure which does not have a valid and current permit is hereby declared to be a public nuisance, subject to the enforcement provisions of this code and other applicable laws.

A change of ownership or operator of a use or structure, subject to a temporary occupancy permit; or a change of structure or modification of the structure or use allowed on a parcel subject to a temporary occupancy permit shall not affect the time periods established by this chapter to allow such temporary uses or structures.

When the last period of time allowed by this chapter has lapsed, the temporary occupancy permit and any extension thereof, shall be considered void. A temporary use or structure that was allowed on a subject parcel previously by a temporary occupancy permit may not be reinstated by a new temporary occupancy permit for any time period beyond the final period of time that would have been allowed by the original temporary occupancy permit.

Noncompliance with the conditions set forth in approving the permit shall be grounds for reviewing authority to cancel and void any temporary occupancy permit.

The reviewing authority shall give notice of such an action to the permittee. The permittee may appeal such a decision by filing an appeal as allowed and specified in this chapter.

The operation of the requested use at the location proposed and within the time period specified will not jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare;

The proposed site is adequate in size and shape to accommodate the temporary use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the site;

The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use will or could reasonably be expected to generate; and

Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be available either on-site or at alternate locations acceptable to the community development director.

Provision of temporary parking facilities, including vehicular ingress and egress;

Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination of adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases, and heat;

Regulation of temporary buildings, structures, and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;

Provision of sanitary and medical facilities;

Provision of solid waste collection and disposal;

Provision of security and safety measures;

Regulation of signs;

Regulation of operating hours and days, including limitation of the duration of the temporary use to a shorter time period than that requested;

Submission of a performance bond or other surety device to assure that any temporary facilities or structures used for the proposed temporary use will be removed from the site within a reasonable time following the event and that the property will be restored to its former conditions;

Submission of a site plan indicating any information required by this section;

A requirement that the approval of the requested special event permit is contingent upon compliance with applicable provisions of other ordinances; and

Other conditions which will ensure the operation of the proposed special event in an orderly and efficient manner and in accordance with the intent and purpose of this section.

The improvement is permitted within the applicable district pursuant to the provisions of this title, and complies with all of the applicable provisions of this title.

The site for the proposed use is adequate in size, shape, topography, accessibility and other physical characteristics to accommodate the proposed use and development in a manner compatible with existing and proposed surrounding land uses; and

The improvement will not be detrimental to the public health, safety or welfare, or adversely affect properties and improvements in the vicinity.

Any nonconforming structure or use may be continued and maintained for the periods of time hereinafter set forth; provided, that there are no structural alterations, except as hereinafter provided:

Any structure for which a building permit has been legally issued, and on which substantial construction has been performed in reliance thereon on the site before an amendment to the regulation or ordinance making the use or structure nonconforming, may be continued in accordance with the plans and specifications upon which the permit was issued, subject to the limitations of this section.

A property containing a legally established structure that does not conform with applica-ble development standards for front yards, side yards, rear yards, height, floor area of structures, or open space for the district in which the property is located shall be deemed to be a nonconforming structure, and may be used and maintained as provided herein.

A legally established sign or display which does not conform with applicable standards (see Chapter 16.56 HMC) may be used and maintained until the associated use or structure is discontinued. Off-site advertising or displays may be used and maintained as provided in HMC § 16.56.190.

Routine maintenance and repairs may be performed on a nonconforming use, structure, or sign. However, maintenance and repairs shall not be of a nature to extend the normal life of the use, structure or sign.

Any legal nonconforming single-family residential structure which does not conform to current enclosed parking standards may construct a one-car garage or carport; provided, that the property owner demonstrates that the physical limitations of the site prohibits full conformance to the development code standard of a two-car enclosed garage. Said physical limitations shall consist of any construction which would encroach upon a required front, side, street side or rear yard setback area, or the location of the existing structure(s) on site, that were legally constructed with appropriate building permit, which because of their location do not permit sufficient physical space between the structure(s) and any property where a garage, attached or detached, in conformance to the development code standards, could be constructed. All individual parking spaces shall conform to the code's minimum size standards. The carport or garage shall follow the development standards of the R-1 (single-family) zoning district.

A nonconforming use, other than those residential units or associated accessory structures listed in the exemption in subsection B of this section, shall not be moved or altered unless required by law, or unless the moving or alteration will result in the elimination of the nonconformity, except as permitted in this chapter.

A nonconforming use shall not be enlarged or extended in such a way as to occupy any part of the structure or site or another structure or site which it did not occupy at the time it became a nonconforming use, or in such a way as to displace any conforming use occupying a structure or site, except as permitted in this chapter. There is an exemption, however, for the residential units or associated accessory structures listed in the exemption in subsection B of this section, which may be enlarged or extended by up to 25 percent, as measured by total floor area before and after the enlargement or extension.

A nonconforming structure shall not be altered or reconstructed so as to increase the discrepancy between existing conditions and the standards for front yards, side yards, rear yards, height of structures, distances between structures, or usable open space prescribed in the regulations for the zone in which the structure is located. There is an exemption, however, for the residential units or associated accessory structures listed in the exemption in subsection B of this section, which, when enlarged by the allowable 25 percent, may encroach into the permitted setbacks in alignment with the existing structures, subject to compliance with the latest adopted California Building Code.

Whenever a nonconforming structure is destroyed to the extent of 50 percent or less by fire, calamity, or act of God, the structure may be restored and the nonconforming use may be resumed; provided, that restoration is started within 120 calendar days of the destruction and diligently pursued to completion. When the destruction exceeds 50 percent or the structure is voluntarily razed or is required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the zone in which it is located and the nonconforming use shall not be resumed, unless the residential unit or associated accessory structure is exempt from this regulation pursuant to subsection B of this section.

The extent of damage shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be reviewed and approved by the city building official, and shall be based on the minimum cost of construction which matches quality and scope of structure in compliance with the most current adopted building code.

The application form with all applicable information included on, or attached to, the form;

The additional information, reports, dimensioned drawings and other material specified on the application form;

A description of how the proposed project or requested action is consistent with the goals, objectives, policies, programs, and other provisions of the adopted general plan;

Any other information or forms required for implementation of the California Environmental Quality Act pursuant to state and Highland guidelines for the implementation of CEQA;

Payment in full of the required fees for processing the application; and

Other information as may be required on the application form as prescribed by the community development director.

Where approval authority rests with the community development director for cases being processed pursuant to the provisions of this title, and one or more related cases with approval authority vested at the planning commission or city council are being processed concurrently, approval for all permits and approvals resting with the community development director shall not become effective until the effective date of related approvals by the planning commission or city council.

Where approval authority rests with the planning commission for cases being processed pursuant to the provisions of this title, and one or more related cases with approval authority vested at the city council are being processed concurrently, approval for items which are within the planning commission's authority shall not become effective until the effective date of related approvals by the city council.

When required by state law, action shall be taken on projects requiring the preparation and certification of an environmental impact report within one year of the date the application was accepted as completed.

When required by state law, final action shall be taken on projects that are exempt from the provisions of the CEQA or which require the adoption of a negative declaration within six months of the date that the application was accepted as complete.

Extension of the time limit for action on an application as specified in the above paragraphs may be granted if mutually agreed upon by the applicant and community development director.

Notice of public hearings shall be given as required by law by one or more of the following methods:

Exceptions.

The community development director may require that additional notice of the hearing be given in any other manner he deems necessary or desirable and to ensure that all notice requirements provided by law for the proposal are complied with.

All notices of public hearings shall include a description of the project, the identity of the hearing body or officer(s), shall describe the property, and the date, time and place of the scheduled hearing, a statement that application and associated documents and environmental review are available for public inspection at a specified location, and the manner in which additional information and/or testimony may be received.

Public hearings held pursuant to the provisions of this title shall be held according to such public hearing rules as the planning commission and city council may, from time to time, adopt by resolution.

The chairperson of the planning commission and mayor may require that witnesses be sworn, prior to providing testimony at the planning commission or city council, respectively.

Authority. An extension of time may be granted for projects approved under this title, where substantial construction has not yet commenced or has not yet been completed or where the property has not yet been occupied and the approved use fully commenced. Approvals for extension of time may only be granted by the original approving authority.

Submittal of Extension Requests.

Time Limits on Extensions. Extensions may not exceed a total of three years from the original date of expiration unless otherwise provided by law, and may be for shorter periods of time.

Entitlements Associated with a Tentative Map. Approved entitlements associated with a tentative map shall remain effective concurrently with the period of time the tentative map is in effect. If an extension of time is granted for the associated tentative map, including requested extensions and state mandated automatic extensions, a similar extension of time for all associated entitlements shall be granted.

Circumstances Under Which Extensions May Be Granted. An extension of the approval of a project may be granted only if it is found that granting of an extension will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

Any person may appeal a decision of the community development director to the planning commission where the community development director's decision would otherwise be final.

Any person may appeal any decision of the planning commission to the city council.

That the permit or approval was obtained by misrepresentation or fraud;

That the use for which the permit or approval was granted has ceased, and was suspended for six or more consecutive calendar months;

That the conditions of the permit or approval have not been met or the permit or approval granted is being or has been exercised contrary to the terms of the permit or approval or in violation of any statue, ordinance, law, or regulation; or

That the public health, safety and welfare can be served only by revocation.

The community development director shall notify the holder of the permit or approval in writing of his decision to initiate a pending revocation, and shall state specifically the reasons for the proposed revocation, and provide a period of 30 calendar days for the holder to correct or show substantial progress toward correcting the defect(s) which serve as the basis for the proposed revocation. In the event the defects are not corrected within 30 calendar days from the date the notice is mailed, or substantial progress is not made during said 30-day period and diligently continued until fully corrected, a public hearing date before the planning commission or city council, where applicable, shall be set pursuant to the provisions of HMC § 16.08.170.

In taking action to revoke a permit, the planning commission or city council shall have the discretion to set the effective date of the revocation in order to allow the permit holder adequate and appropriate time in which to make necessary corrections.

The reconstruction, restoration, or rebuilding will be detrimental or injurious to the health, safety, or general welfare of persons residing or working in the neighborhood, or will be detrimental or injurious to property and improvements in the neighborhood;

The existing nonconforming use of the building or structure would be more appropriately moved to a zone in which the use is permitted, or that there no longer exists a zone in which the existing nonconforming use is permitted; and

The building is located in an industrial and business park zone.

The California Building Standards Code as that code was in effect at the time of reconstruction, restoration, or rebuilding;

Any more restrictive local building standards authorized pursuant to Sections 13869.7, 17958.7, and 18941.5 of the California Health and Safety Code, as those standards were in effect at the time of reconstruction, restoration, or rebuilding;

The State Historical Building Code (Part 2.7 (commencing with Section 18950) of Division 13 of the California Health and Safety Code) for work on qualified historical buildings or structures;

The Highland Municipal Code, so long as the predamage size and number of dwelling units are maintained;

Architectural regulations and standards, so long as the predamage size and number of dwelling units are maintained; and

A building permit which shall be obtained within two years after the date of the damage or destruction.