It is the intent of this chapter to relate the provisions of this article and all other applicable ordinances to the appropriate city provisions that have been adopted in order to comply with the California Environmental Quality Act of 1970 and subsequent standards as established by the state legislature, the secretary of resources, and the city.

The environmental review process shall be applied in the manner established by resolution of the city council.

The general plan or any part or element thereof and any amendment to such plan or any part or element thereof, shall be adopted in the manner prescribed by these sections and the applicable provisions of state law.

The planning commission shall hold at least one (1) public hearing before approving a general plan or any part or element thereof, or any amendment to such plan or any part or element thereof.

The planning commission shall make a written recommendation on the adoption or amendment of a general plan or any part or element thereof. A recommendation for approval shall be made by the affirmative vote of not less than a majority of the total membership of the commission. The planning commission shall send its recommendation to the city council.

Before adopting the general plan or any part or element thereof, or any amendment to such plan or any part or element thereof, the city council shall hold at least one (1) public hearing.

The city council shall adopt or amend the general plan by resolution, which resolution shall be adopted by the affirmative vote of not less than a majority of the total membership of the council. The council may approve, modify, or disapprove the recommendation of the planning commission, if any. However, any substantial modification proposed by the city council not previously considered by the commission during its hearings, shall first be referred to the planning commission for its recommendation. The failure of the commission to report within forty-five (45) calendar days after the reference, or within the time set by the city council, shall be deemed a recommendation for approval.

(a)

Notwithstanding the provisions of this part, no amendment to the general plan or a specific plan that would result in a redesignation of property designated as open space in the general plan or any applicable specific plan for nonopen space uses shall be effective for any purpose unless such amendment is first approved by the voters of the city by a two-thirds (⅔) vote of those voting on the question. In the event any such amendment is proposed, the city shall first follow the procedures for adoption or amendment specified in this part, and the California Environmental Quality Act. If following such process the decision of the city council is to approve the proposed amendment, the city council shall take the actions necessary to place the matter on the ballot at the next regular municipal election. The applicant for any such amendment may choose, at the applicant's sole expense, to have the matter considered by the voters at an earlier special election called for the purpose. The applicant shall make such a request to the city council in writing, together with a cash deposit in the amount reasonably estimated by the city clerk to be the cost of such special election. At such election, if a two-thirds (⅔) majority of those voting vote in favor of the amendment, it shall be approved.

(b)

If the decision of the city council is to deny the requested amendment, the city council's action shall be final and the matter shall not be submitted for consideration by the voters.

(c)

The voter approval requirements of this section shall not apply to any of the following actions, provided at least one (1) noticed public hearing is held by the city council prior to final action:

(1)

Amendments or adoptions found by the city council, on the advice of legal counsel, to be necessary to avoid an unconstitutional taking of the landowner's property;

(2)

Reorganization, renumbering or updating elements of the general plan in accordance with state law, provided that there is no reduction in the property designated as open space;

(3)

Amendments or adoptions to designate new or additional property as open space.

(d)

Any property in the city or its sphere of influence, if any, that is designated as open space in the Agoura Hills General Plan or any applicable specific plan after the effective date of this section shall immediately become subject to the voter approval requirements of this section prior to any subsequent redesignation.

(e)

This section 9821.5 shall expire automatically on the twenty-fifth anniversary of its effective date unless earlier readopted, repealed, or amended by the voters of Agoura Hills.

(Ord. No. 99-300, § 4, 11-2-99)

A specific plan or any part or element thereof and any amendment to such plan or any part or element thereof shall be adopted in the manner prescribed in these sections and the applicable provisions of state law.

The planning commission shall hold at least one (1) public hearing before approving a specific plan or any part or element thereof, or any amendment to such plan or any part or element thereof.

Before adopting a specific plan or any part or element thereof, or any amendment to such plan or any part or element thereof, the city council shall hold at least one (1) public hearing.

The changes made to general plan procedures are the same that should be made for specific plan procedures except that a specific plan may be adopted by resolution or ordinance.

The zoning districts delineated within this article and the boundaries of such districts are shown upon the zoning map of the city and the map is made a part of this article as if set out fully in this article. All notations, references and other information shown thereon shall be as much a part of this article as if such notations, references and information were fully set forth within the text. All properties included in such zoning map are classified and zoned in accordance with the district designation shown on such zoning map.

Base districts shall be designated on the zoning map according to the following designations:

(Ord. No. 11-388, § 58, 12-14-2011)

Overlay districts shall be designated on the zoning map according to the following designations:

(Ord. No. 09-358, § 12, 1-18-2009; Ord. No. 11-388, § 59, 12-14-2011)

In addition to the designations indicated for the residential districts in section 9832 et seq., the city council may direct that a minimum lot size figure be affixed to the appropriate designation. For example, if the council delineates a particular area within the single-family residential district as requiring a minimum lot size of ten thousand (10,000) square feet, the designation shall read RS-10,000 for that portion of the district.

In addition to the designations indicated for various districts in sections 9832 and 9834, the city council may direct that a density designation indicating the maximum number of dwelling units be affixed to district classifications in the RS, RM, and RH residential districts. The density designation shall be affixed to the district designation according to the following schedule:

For example, if the city council should set a maximum dwelling units per gross acre in the single-family residential district of six (6) dwelling units per gross acre with a minimum lot area of five thousand (5,000) square feet, the zoning map designation shall read RS-(6)-5,000. If no density designation is indicated on the zoning map, the minimum indicated in the district's development standards shall apply.

(Ord. No. 11-388, § 60, 12-14-2011)

A.

It shall be the duty of the director to enforce the provisions of this article pertaining to the use of land, and the erection, construction, reconstruction, moving, conversion, alteration to, or of, any building or structure.

B.

It shall be the duty of the health department of Los Angeles County to enforce the provisions of this article pertaining to the maintenance and use of property, structures and buildings so far as matters of health are concerned.

C.

It shall be the duty of the city and of all officers of the city otherwise charged with the enforcement of the law to enforce this article and all provisions thereof.

Any action taken or any condition caused or permitted to exist in violation of any of the provisions of this article or in violation of any permit or approval granted or issued hereunder shall be deemed a public nuisance. Each day that such action or condition continues shall be deemed to be a new and separate offense.

Failure to abide by and faithfully comply with any and all conditions that may be attached to the granting of any conditional use permit, modification or variance pursuant to the provisions of this article shall constitute grounds for the revocation of the conditional use permit, modification or variance by the planning commission. All remedies provided for in this chapter shall be cumulative and not exclusive.

Every person violating any provisions of this article or the terms or conditions of any permit or other approval granted or issued pursuant to this article is guilty of a misdemeanor. Conviction thereof shall be punishable by a fine not to exceed one thousand dollars ($1,000.00), or by imprisonment for not to exceed six (6) months, or by both fine and imprisonment. Each separate day or any portion thereof during which any violation of this article, or any permit or approval granted or issued hereunder, occurs or continues constitutes a separate offense and upon conviction thereof shall be punishable as provided in this section.

The provisions of this article, insofar as they are substantially the same as previous provisions of the Municipal Code or any other ordinance repealed, amended or superseded upon the enactment of the provisions of this article, shall be construed as restatements and continuations of said previous provisions, and not as new enactments.

A variance or modification, conditional use permit or other approval previously granted by the city and which would be eligible for consideration as a variance or modification, conditional use permit or other approval under this article shall be deemed to be an approved variance or modification, conditional use permit or other approval, respectively, under this article, subject to the terms of such approval.

A variance or modification, conditional use permit or other approval granted prior to the incorporation of the city and which would be eligible for consideration as a variance or modification, conditional use permit or other approval under this article shall be deemed to be approved as a variance or modification, conditional use permit, or other approval, respectively, under this article, subject to the terms of such approval upon the receipt by the director of a written request therefor from the property owner or his authorized representative.

All other variances or modifications, conditional use permits and other approvals or conditions thereof, not in conformance with the provisions of this article shall be deemed to be nonconforming privileges subject to the provisions of section 9701 et seq.

Notwithstanding any other provisions of this section, if a variance or modification, conditional use permit or other approval deemed to be approved pursuant to this section, or any condition thereof, has resulted in a nonconformity, such nonconformity shall be subject to the provisions of section 9701 et seq.

Any violation of and/or conviction under any provision repealed, amended or modified by the provisions of this article shall be considered as a violation of and/or conviction under this article.

Neither the adoption of this article nor the repeal hereby of any ordinance of this city shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty at said effective date due and unpaid under such ordinance, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations hereunto appertaining shall continue in full force and effect.

The purpose of this chapter is to establish the manner in which this article shall be administered.

For the purposes of this article, the city council shall be considered the legislative body and the final decisionmaking body for the general plan and specific plans and their amendments, change of zones, development agreements, zoning ordinance amendments, appeals from any decision of the planning commission, and any application related directly thereto which are filed concurrently therewith.

Unless an appeal to the city council is filed, the planning commission shall be the final decisionmaking body for all conditional use permits, variances, certain modifications, mobile home, low-moderate income density bonus permits, and site plan and architectural review permits for medium, medium high, high residential and all commercial and business park land use permits, except for minor additions. In addition, the planning commission shall be an advisory body and make recommendations to the city council on all matters on which the council is the final decisionmaking body. The planning commission also shall consider appeals on all matters considered by the zoning administrator or director of community development.

(Ord. No. 03-320, § 17, 5-28-2003)

The office of zoning administrator is hereby established. The zoning administrator shall be responsible for the matters specified in this article. The director of community development or his designee shall be the zoning administrator.

The content of all applications required by this article shall be as specified herein and as approved by the department of planning and community development. The fees for each application shall be as established by the city council by resolution.

Upon the filing of a written request, an applicant for any request may withdraw any application prior to a decision being rendered by the reviewing body. Application fees shall be refunded after a withdrawal in accordance with the following schedule:

A.

After a case has been filed and application fees paid, but prior to the case being deemed complete by the department of planning and community development, the applicant shall be entitled to a refund of eighty (80) percent of the filing fee, less any consultants costs the city has incurred in processing the application up to the date it is withdrawn.

B.

After a case has been deemed complete, but prior to mailing of the legal notice or notice to abutting property owners, the applicant shall be entitled to a refund of fifty (50) percent of the filing fees, less any consultants costs the city has incurred in processing the application up to the date it is withdrawn.

C.

No refund shall be given when an application is withdrawn after the mailing of the legal notice or notice to abutting property owners.

D.

The department of planning and community development may close a development application and refund the filing fees in accordance with section 9803.1(A)(B) and (C), if no effort has been made within a reasonable period of time as determined by the director of planning and community development, to remedy the deficiencies which make the case incomplete, and the applicant has been given thirty (30) days' notice of the department's intent to close the case.

E.

If the city consultant costs associated with the processing of an application exceed the amount of the filing fees paid by the applicant, the applicant shall be responsible for paying these additional costs.

(Ord. No. 160, §§ 1, 2, 5-24-89)

Only the city council may waive the required fees, and such action shall be by resolution.

For the purpose of this article certain requests require public hearings. In such cases those provisions shall be followed.

The following matters shall be considered by the city council only after a public hearing:

A.

General plan and specific plan adoption and amendments;

B.

Change of zones;

C.

Zoning ordinance adoption and amendments;

D.

Development agreements;

E.

Appeals of planning commission decisions on conditional use permits, variances and any other permits that required a public hearing before the planning commission.

The following matters shall be considered by the planning commission only after a public hearing:

A.

General plan and specific plan adoption and amendments;

B.

Change of zones;

C.

Zoning ordinance adoption and amendments;

D.

Conditional use permits;

E.

Variances;

F.

Mobile home permits;

G.

Low and moderate income housing permits;

H.

Development agreements;

I.

Sign programs;

J.

Appeals from the decision of the director that required a public hearing before the director.

(Ord. No. 11-388, § 57, 12-14-2011; Ord. No. 23-472, § 18, 5-22-2024)

A.

The following matters shall be considered by the director after a public hearing:

1.

Minor conditional use permits for wireless telecommunications facilities and/or wireless telecommunications collocation facilities.

2.

Amendments to minor conditional use permits for wireless telecommunications facilities and/or wireless telecommunications collocation facilities.

B.

The director shall make the same findings required for a conditional use permit before approving or amending a minor conditional use permit. The procedures set forth in division 3 of part 3 of chapter 6 of this article applicable to conditional use permits shall apply to minor conditional use permits, except that where the planning commission is authorized to perform certain acts, the provision shall instead be read to authorize the director to perform those acts, and where the city council is authorized to perform certain acts, the provision shall be read to authorize the planning commission to perform those acts; provided, however, that any appeal of the director's decision decided by the planning commission may be appealed to the city council within the prescribed fifteen-day period. Furthermore, any hearing on a proposed revocation shall be before the planning commission and appealable to the city council.

(Ord. No. 03-320, § 18, 5-28-2003; Ord. No. 11-387, § 9, 8-24-2011; Ord. No. 23-472, § 18, 5-22-2024)

A.

The director of community development shall set the time and place of public hearings required by this article to be held by the planning commission and director. Either may, however, change the time or place of a hearing if necessary.

B.

The city clerk shall set the time and place of public hearings required by this article to be held by the city council; provided, that the council may change the time or place of a hearing.

C.

General plan and specific plan amendments not related to a specific parcel and zoning code amendments shall only be noticed not less than ten (10) days prior to any public hearing in a local newspaper. Amendments related to specific parcel shall be treated the same as a change of zone for the purpose of noticing.

D.

[For] all other requests requiring a public hearing, [notice] shall be given by the city not less than ten (10) days nor more than thirty (30) days prior to the date of the hearing in at least three (3) public places within the city, including the location of the subject property. Notices shall be given by publication in a newspaper circulated in the city, and by mailing notices to the owner of the subject real property, the project applicant, all affected public agencies, known official homeowners' associations' representatives in the city, and any individual who has requested notice in writing. Notice shall also be given for all public hearing requests, except modification requests, to all persons whose names appear on the latest equalized assessment roll of Los Angeles County as owning property within seven hundred fifty (750) feet of the exterior boundaries of the property that is the subject of the hearing. Notices of requests for modifications shall be given to all persons whose names appear on the latest equalized assessment roll of Los Angeles County as owning property within three hundred (300) feet of the exterior boundaries of the property that is the subject of the hearing. Hearings may be continued from time to time even though the continued hearing may extend beyond the time limits described in this section.

Notices for all site plan/architectural review requests that are reviewed by the planning commission and/or city council, and requests for single-family residences reviewed by the director of planning and community development, shall be given by the city not less than ten (10) days, nor more than thirty (30) days, prior to the date of the hearing, in at least three (3) public places within the city, including the location of the subject property. Notices shall be given to the owner of the subject real property, the project applicant, all affected public agencies, known official homeowners' associations' representatives in the city, and any individual who has requested notice in writing. Notice shall also be given to all persons whose names appear on the latest equalized assessment roll of Los Angeles County as owning property within seven hundred fifty (750) feet of the subject real property.

E.

The city shall be responsible for the posting of public hearing signs subject to the following requirements:

1.

Size of sign face:

a.

Developed residential property: Three (3) feet in length; three (3) feet in height; nine (9) square feet in sign area. The director of planning and community development may require a larger sign if it is determined necessary for the purpose of this section.

b.

Other property: Eight (8) feet in length; four (4) feet in height; thirty-two (32) square feet in sign area.

2.

Height shall be six (6) feet, measured from ground level to the top of the sign.

3.

Location: On the subject parcel, not less than ten (10) feet from the property line along the main street frontage in an area most visible to the public.

4.

One (1) sign per project site.

5.

Said sign shall not be illuminated.

6.

Signs shall be erected a minimum of ten (10) days prior to the scheduled public hearing on the proposed development.

7.

Sign shall include only the following factual information:

a.

Appropriate heading (Example: Notice of public hearing on proposed development).

b.

Appropriate content as to type of project, number of units, etc. (Example: Proposed on this site: Sixty-two (62) townhouses) Subjective descriptive wording is not allowed.

c.

Adequate space to note public hearing date, time and location.

d.

Adequate space to note applicant and city hall phone numbers.

8.

Dates shall be changed from planning commission items continuing on to the city council. Said date shall be changed a minimum of ten (10) days prior to the scheduled public hearing on the proposed development.

9.

Failure to properly post a public hearing sign shall result in continuance of the scheduled public hearing.

10.

Public hearing signs shall be removed from the subject property within seven (7) days from the date of final action.

(Ord. No. 127, §§ 2, 3, 6-24-87; Ord. No. 93-242, § 5, 11-10-93; Ord. No. 09-358, § 11, 1-18-2009)

Where this article provides for an appeal to the city council or planning commission, the appeal shall be made within fifteen (15) days of the date of the decision by filing an application of appeal with the director. The appeal shall state writing the reasons for the appeal. Within fifteen (15) days of receipt of the appeal, the director shall transmit to the city clerk the application of appeal, and copies of the application and all other papers and documents constituting the record upon which the planning commission, zoning administrator or director made their decision.

An appeal shall be accompanied by a fee established by resolution of the city council to cover the cost or processing the appeal. An appeal by the city council or planning commission shall not be subject to the payment of a fee.

The city council or planning commission shall hold at least one (1) public hearing on a decision which has been appealed, other than a modification decision which the city council may consider without holding a public hearing, within forty (40) days of the appeal, and the time and place of the hearing shall be set by notice as prescribed in section 9804.4. The council or commission may affirm, reverse, or modify a decision which has been appealed. The decision of the city council shall be final.

The applicant, the planning commission, the city council, or any interested person may appeal a decision made by the zoning administrator, or planning commission.

Once an appeal to the city council or planning commission has been filed by any person pursuant to this article, such appeal may not be withdrawn.

(Ord. No. 04-322, § 1, 7-14-2004)

The text of this article may be amended by changing the district regulations or any other provision of this article in accord with the procedure described in these sections.

The planning commission may initiate a zoning text amendment by motion and then hold a public hearing and make a recommendation as provided in this chapter. The city council may initiate such an amendment by motion and then submit the matter to the planning commission for a public hearing.

The planning commission shall hold at least one (1) public hearing on each proposal for a text amendment. The hearing shall be set and notice given as prescribed in section 9804 et seq.

The department of planning and community development shall review the proposal and prepare a report thereon which shall be submitted to the planning commission prior to the public hearing.

Within twenty-one (21) days following the closing of the public hearing, the planning commission shall determine whether the text amendment is consistent with the objectives of this article and the adopted general plan, and shall recommend that the proposal be adopted, adopted in modified form, or rejected.

The city council shall hold at least one (1) public hearing on the proposal within forty (40) days after receipt of the report of the planning commission. The hearing shall be set and notice given as prescribed in section 9804. Within twenty-one (21) days following the closing of the public hearing, the city council shall make its decision on the proposal. The city council may approve, modify or disapprove the recommendation of the planning commission; provided that any substantial modification of the proposed ordinance or amendment by the city council not considered by the planning commission during its hearing shall first be referred to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing thereon. Failure of the planning commission to report within forty (40) days after the reference, or such longer period as may be designated by the city council, shall be deemed approval of the proposed modification.

In order to ensure that the zoning regulations will permit all similar uses in each district, the planning commission, upon its own initiative or upon request, shall determine whether a use not specifically listed as a permitted or conditional use in any district shall be deemed a permitted use or a conditional use in any one (1) or more districts on the basis of similarity to the uses specifically listed. The procedures of these sections shall not be substituted for the amendment procedure as a means of adding new uses to the list of permitted or conditional uses.

Application for determination of similar uses shall be made in writing to the department of planning and community development and shall include a detailed description of the proposed use and such other information as may be required to facilitate the determination.

The director shall make such investigation of the application as necessary to compare the nature and characteristics of the proposed use with those uses specifically listed and shall make a report of his findings to the planning commission.

The determination of the planning commission shall be rendered in writing and shall be transmitted to the city council within fifteen (15) days of the determination. The decision of the commission shall become final within fifteen (15) days of the receipt by the city council of the notice of action unless an appeal is filed or the majority of the council elects to review the determination.

A decision of the commission may be appealed within fifteen (15) days to the council, as prescribed in section 9804.5.

The city council shall make a determination as prescribed in section 9806 if an appeal has been filed within the prescribed fifteen-day appeal period. The decision of city council shall be final.

The planning commission shall decide any questions involving the interpretation or application of any provision of this article, pursuant to the rules, standards and requirements of these sections.

Unless clearly shown to the contrary in a particular district, the listing of uses, buildings, or structures which are expressly permitted implies the exclusion of all other uses, buildings or structures. The regulations and development standards set forth in this article are the minimum requirements for the promotion of the public safety, health, convenience, comfort, and general welfare, and the planning commission shall be bound by any such standards in interpreting and applying the provisions of this article. It is not intended by this article to interfere with or abrogate or annual any easements, covenants, or other agreement between parties; provided, however, that where this article imposes a greater restriction or higher standards than required by other ordinances, rules or regulations, or by easements, covenants or agreements, the regulations of this article shall govern. In the event of a difference or conflict between the text of this article and the zoning districts shown on the zoning map, the designation on such map shall prevail.

Where uncertainty exists with respect to the boundaries of the various districts as shown on the zoning map, the following rules shall apply:

A.

District boundaries are either streets or alleys unless otherwise shown, and where the designations on said map indicating the various districts are approximately bounded by street or alley lines, said street or alley shall be construed to be the boundary of such district.

B.

Where doubt exists as to the location of a district boundary in the interior of a block, the boundary shall be the nearest interior lot line existing at the effective date of this article or at the date when the property may have been subsequently rezoned.

C.

In subdivided property, the district boundary lines on said map shall be determined by use of the scale on the map unless dimensions are shown thereon by figures.

D.

Where the street layout on the ground or the lot lines differ from such layout or lines on the zoning map, the matter shall be referred to the planning commission to determine the exact boundary, and the map shall be amended to conform to the layout on the ground.

Where used in this article the word "shall" is always mandatory and not discretionary or directory. The word "may" is permissive. The present tense includes the past and future tenses, and the future tense includes the present. The masculine gender includes the feminine and neuter. The singular number includes the plural, and the plural the singular. The word "includes" shall not limit a term to the specific examples but is intended to extend its meaning to all other instances or circumstances of like kind or character.

In case of any difference of meaning or implication between the text of this article and the text of the Municipal Code, or any ordinance now in effect or hereafter adopted, or any caption, illustration or table within this article, the text of this article shall prevail. In case of any difference of meaning or implication between portions of the text of this article, the particular shall control the general.

Whenever a certain hour or time of day is specified in this article or any permit, agreement, or condition of approval of any permit, or any notice given pursuant to the provisions of this article, such hour or time shall be standard time or day-light savings time, whichever is in current use in the city.

In order to assure that each new or expanded use of a structure or site or each alteration of an existing structure complies with all applicable provisions of this article, a use certificate is required before any building permit may be issued or any structure or site is used. A certificate of occupancy as required in the Building Code shall be issued only for a structure that conforms with the use certificate.

Applications for a use certificate shall be made on a form prescribed by the department of planning and community development and shall be accompanied by plans and additional information as necessary, in the opinion of the zoning administrator, to demonstrate conformity with this title. The zoning administrator shall check the application and all data submitted with it and shall issue a use certificate if he finds that all applicable provisions of this article will be complied with.

The building official shall not issue a building permit until the zoning administrator has approved a use certificate for the structure which is the subject of the building permit.

The building official shall not issue a certificate of occupancy for a structure or alteration until he has found that the structure or alteration conforms with the use certificate, until all required screening and landscaping and off-street parking and loading facilities are complete, and all conditions attached to a use permit, variance, or site plan review have been met; provided, that the building official may issue a certificate of occupancy prior to the fulfillment of all requirements of this article if a faithful performance bond in an amount determined by the building official to be sufficient to complete the work necessary to meet the requirements is filed with the city. Cash in the amount of the faithful performance bond may be deposited with the city in lieu of the bond.

A temporary certificate of occupancy may be issued by the building official prior to the time that all of the requirements for a certificate of occupancy have been met; provided, that no permit other than a temporary permit shall be issued for gas or electric utilities until the building official determines that all of the requirements for a certificate of occupancy have been met. A temporary permit for gas or electric utilities expire without the requirements for issuance of a certificate of occupancy having been met, the building official shall request the public utility to discontinue service.

The purpose of this division is to provide reasonable accommodations in the city's zoning and land use regulations, policies, and practices, when needed, to provide an individual with a disability an equal opportunity to use and enjoy a dwelling.

(Ord. No. 11-393, § 4, 1-11-2012)

The provisions of this division shall apply to all laws, rules, regulations, policies, procedures and/or practices regulated by the department of planning and community development.

(Ord. No. 11-393, § 4, 1-11-2012)

The following terms as used in this section shall, unless the context clearly indicates otherwise, have the following meanings:

Applicant means a person, business, or organization making a written request to the city for reasonable accommodation in the strict application of the city's zoning and land use laws, rules, policies, practices and/or procedures.

Disabled person or person with a disability means an individual who has a physical or mental impairment that limits one (1) or more of that person's major life activities; anyone who is regarded as having such impairment; or anyone who has a record of having such an impairment. Such an impairment shall not include an individual's current, illegal use of a controlled substance.

Fair housing laws means the "Federal Fair Housing Act" (42 U.S.C. § 3601, et seq.), the "Americans with Disabilities Act" (42 U.S.C. § 12101 et seq.), and the "California Fair Employment and Housing Act" (California Government Code § 12900 et seq.), as these statutes now exist or may be amended from time to time, and each Act's implementing regulations.

Major life activity shall include physical, mental, and social activities, such as the operation of major bodily functions, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working.

Physical or mental impairment means any physiological disorder or condition and any mental or psychological disorder, including, but not limited to, orthopedic, visual, speech and hearing impairments, cosmetic disfigurement, anatomical loss, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disabilities (formerly termed "mental retardation"), emotional or mental illness, learning disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, and alcoholism and drug addiction (but not including current users of illegal drugs). A temporary condition, such as a broken leg, pregnancy, use of crutches, etc., does not qualify as a physical or mental impairment.

Reasonable accommodation means any deviation requested and/or granted from the strict application of the city's zoning and land use laws, rules, regulations, policies, procedures and/or practices that may be reasonable and necessary for a person with a disability to have an equal opportunity to use and enjoy a residence.

(Ord. No. 11-393, § 4, 1-11-2012)

The director is hereby designated to approve, conditionally approve, or deny, without public hearing, all applications for a reasonable accommodation. The director may elect to forward the matter to the planning commission for consideration of the application.

(Ord. No. 11-393, § 4, 1-11-2012)

A.

Applicant. A request for a reasonable accommodation may be made by any person with a disability, his or her representative, or a developer or provider of housing for individuals with a disability.

B.

Application. An application for a reasonable accommodation shall be made on a form provided by the planning and community development department. No fee shall be required for a reasonable accommodation, but if the project requires another discretionary permit, the prescribed fee shall be paid for the required discretionary permit. If an individual needs assistance in making the request for reasonable accommodation, the city will provide assistance to ensure that the process is accessible.

C.

Other discretionary permits. If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval, the applicant shall file the request for reasonable accommodation together with the application for the other discretionary permit or approval. The processing procedures of the discretionary permit shall govern the joint processing of both the reasonable accommodation and the discretionary permit. If the project's other discretionary permit or approval requires planning commission approval, then the request for reasonable accommodation shall also be referred to the planning commission for approval.

D.

Required submittals. An application for a reasonable accommodation shall include the following:

1.

Documentation that the applicant is: (a) a person with a disability; or (b) applying on behalf of one (1) or more persons with a disability; or (c) a developer or provider of housing for one (1) or more persons with a disability.

2.

The name and address of the individual(s) requesting the reasonable accommodation.

3.

The name and address of the property owner(s).

4.

The address of the property for which the accommodation is requested.

5.

A description of the reasonable accommodation requested by the applicant.

6.

An explanation of how the specific reasonable accommodation requested by the applicant is necessary to provide one (1) or more persons with a disability an equal opportunity to use and enjoy the dwelling.

The director may request additional information from the applicant if the application does not provide sufficient information for the city to make the findings required in section 9809.5.

(Ord. No. 11-393, § 4, 1-11-2012)

A.

Findings. The written decision shall be based on the following findings, all of which are required for approval:

1.

The accommodation is requested by or on behalf of one (1) or more persons with a disability protected under the Fair Housing Laws.

2.

The requested accommodation is necessary to provide one (1) or more individuals with a disability an equal opportunity to use and enjoy a dwelling.

3.

The requested accommodation will not impose an undue financial or administrative burden on the city.

4.

The requested accommodation will not result in a fundamental alteration in the nature of the city's land use and zoning program.

5.

The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others.

B.

In determining whether the requested reasonable accommodation is necessary to provide one (1) or more disabled persons an equal opportunity to use and enjoy a dwelling, pursuant to subsection 9809.5.A.2., the city may consider, but is not limited to, the following factors:

1.

Whether the requested accommodation will affirmatively enhance the quality of life of one (1) or more individuals with a disability.

2.

Whether the individual(s) with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation.

3.

Whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants.

4.

Whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in the city.

C.

In determining whether the requested reasonable accommodation would require a fundamental alteration in the nature of the city's land use and zoning program, pursuant to subsection 9809.5.A.4., the city may consider, but is not limited to, the following factors:

1.

Whether the requested accommodation would fundamentally alter the character of the neighborhood.

2.

Whether the requested accommodation would result in a substantial increase in traffic or insufficient parking.

3.

Whether granting the requested accommodation would substantially undermine any express purpose of either the city's general plan or an applicable specific plan or other similar regulatory document.

4.

Whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.

D.

Rules while decision is pending. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

(Ord. No. 11-393, § 4, 1-11-2012)

A.

The director, or planning commission, whichever has approval authority, shall issue a written determination to approve, conditionally approve, or deny a request for a reasonable accommodation.

B.

Appeals of the director's, or planning commission's, action shall be made in accordance with section 9804.5 of the Municipal Code. All determinations on the appeal shall address, and be based upon, the same findings required in accordance with subsection 9809.5.A.

(Ord. No. 11-393, § 4, 1-11-2012)

The applicant shall record the written determination approving the request for a reasonable accommodation in the office of the county recorder.

(Ord. No. 11-393, § 4, 1-11-2012)

A.

Expiration. Any reasonable accommodation approved in accordance with the terms of this division shall expire within twenty-four (24) months from the effective date of approval, or at an alternative time specified as a condition of the approval, unless:

1.

A building permit has been issued and construction has commenced; or

2.

A certificate of occupancy has been issued; or

3.

The right granted by the accommodation has been exercised; or

4.

A time extension has been granted by the director or planning commission, whichever has authority over the granting of the reasonable accommodation.

B.

Discontinuance. If the disabled person for whom the reasonable accommodation was originally granted vacates the residence, or if the director finds that the accommodation is no longer necessary for the use and enjoyment of the residence pursuant to subsection 9809.5.A., the reasonable accommodation shall remain in effect only if the director determines that: (1) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the municipal code, or (2) the accommodation is necessary to give another disabled individual an equal opportunity to enjoy the dwelling. The director may request that the applicant, or his or her successor-in-interest, provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within thirty (30) days of the date of a request by the city shall constitute grounds for discontinuance of a previously approved reasonable accommodation.

(Ord. No. 11-393, § 4, 1-11-2012)

A request for changes in the conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval, shall be treated as a new application. The director may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or additions to the plan or the conditions of approval, and are consistent with the intent of the original approval.

(Ord. No. 11-393, § 4, 1-11-2012)