The regulations set forth in this chapter shall apply to the granting of variances, modifications and zone changes.

(Ord. 51 §3101, 1965).

A.

The planning commission, upon its own motion, may, or upon the verified application of any interested persons, shall in specific cases, initiate proceedings for the granting or denial, as the case may be, of a variance from the provisions of this title. The planning commission may grant such variance only when the following circumstances are found to apply:

1.

That the variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is situated;

2.

That special circumstances exist which are applicable to the subject property, including size, shape, topography, location or surroundings, wherein the strict application of the zoning ordinance in question is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification.

B.

All acts of the planning commission and city council under the provisions of this section shall be construed as administrative acts performed for the purpose of assuring that the intent and purpose of this title shall apply in special cases, as provided in this section, and shall not be construed as amendments to the provisions of this title or any zoning map.

(Ord. 51 §3102, 1965).

Applications for variances shall be accompanied by:

A.

A plot plan and description of the property involved, showing the location of all existing and proposed buildings. Additional plans and descriptions of the proposed use of the property with ground plans and elevations for all proposed buildings may be required at the discretion of the planning commission;

B.

A reference to the provisions of the chapter from which such property is sought to be excepted.

(Ord. 51 §3103, 1965).

A.

Whenever the public necessity, convenience, general welfare, or good zoning practices justify such action, the planning commission, upon its own motion or upon the verified application of any interested person, may initiate proceedings to amend, supplement or change the zones, regulations or districts established by this title.

B.

With the exception of amendments changing property from one zone to another, or changing the boundaries of any zone, amendments may be made or new zoning maps adopted in the same manner as this title was adopted.

(Ord. 51 §3104, 1965,).

A modification may be granted, subject to appeal to the city council and the authority for the granting of such modification is as follows:

A.

Permit the modification of the setback, yard and lot area regulations that may be necessary to secure an appropriate improvement on a lot, to prevent unreasonable hardship, or to promote uniformity of improvement; provided, however, such modification shall not grant a reduction in excess of five percent (5%) of the applicable setback, yard or lot area requirements;

B.

Permit the modification of fence, wall and hedge regulations that may be necessary to secure an appropriate improvement on a lot;

C.

Permit the modification of parking requirements to allow side yards abutting a street and front yards to be used for off-street parking, to secure appropriate improvements on the lot, to prevent unreasonable hardship, or to promote uniformity of improvements.

(Ord. 110 §2, 1971; Ord. 51 §3105, 1965).

(Ord. No. 376, 2008).

The procedure for acting upon applications for modifications shall be the same as the procedure for acting upon applications for variances, except that no notice of public hearing will be required if the application for such modification is accompanied by the written consent of the owners of all property abutting and of all property directly across a street from subject property. Appeals from a decision of the planning commission shall be made to the city council, in the same manner as an appeal for a variance.

(Ord. 51 §3106, 1965).

A.

Applications for variances, modifications and changes of zone shall be made in writing to the planning commission in such form as is approved by the planning commission. The planning commission may provide forms for such purposes and may prescribe the type of information to be provided thereon.

No petition shall be received unless it complies with such requirements.

B.

Applications filed pursuant to this title shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the planning commission, and there shall be attached thereto copies of all notices and actions pertaining thereto.

(Ord. 51 §3107, 1965).

Before accepting any application for filing, the city shall charge and collect the following fees for the purposes of defraying the expenditures incidental to the proceedings prescribed in this chapter:

A.

Change of zone. The applicant shall pay such fees as adopted by resolution of the city council for each change of zone application submitted to the city;

B.

Variance. The applicant shall pay such fees as adopted by resolution of the city council for each application for a variance submitted to the city;

C.

Modification. The applicant shall pay such fees as adopted by resolution of the city council for each application submitted to the city for a modification where no public hearing is required. Where a public hearing is required, the fees shall be the same as for a variance;

D.

Appeal. For each appeal to the city council from any ordinance, requirement, decision or determination of the planning commission in the administration or enforcement of the provisions of this title, the appellant shall pay a fee as adopted by resolution of the city council.

(Ord. 79 §1, 1971: Ord. 51 §3108, 1965).

(Ord. No. 449, § 7, 6-19-2018)

The planning commission shall cause to be made by its own members, or members of its staff, such investigation of facts bearing upon such application as will serve to provide all necessary information to assure that the action on each such application is consistent with the intent and purpose of this title and with previous amendments or variances.

(Ord. 51 §3109, 1965).

A.

Following the receipt in proper form of any application filed under the provisions of this chapter, the secretary of the planning commission shall fix a time and place of public hearing thereon.

B.

Notices of hearings shall be provided as follows:

1.

Government Code section 65090 requires notice published in at least one (1) newspaper of general circulation within the city at least ten (10) days prior to the hearing. If there is no such newspaper of general circulation, the notice may instead be posted in three (3) public places within the city.

2.

Government Code section 65091 requires:

a.

Notice of the hearing shall be mailed or delivered at least ten (10) days prior to the hearing to the owner of the subject real property as shown on the latest equalized assessment roll or the records of the county assessor or tax collector. Notice shall also be mailed to the owner's duly authorized agent, if any, and to the project applicant.

b.

When the Subdivision Map Act requires notice of a public hearing to be given, notice shall also be given to any owner of a mineral right pertaining to the subject real property who has recorded a notice of intent to preserve the mineral right pursuant to Section 883.230 of the Civil Code.

c.

Notice of the hearing shall be mailed or delivered at least ten (10) days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

d.

Notice of the hearing shall be mailed or delivered at least ten (10) days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within three hundred (300) feet of the real property that is the subject of the hearing. In lieu of using the assessment roll, the city may use records of the county assessor or tax collector. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection (B)(2)(d) or (B)(2)(a) is greater than one thousand (1,000), the city, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth (⅛) page in at least one (1) newspaper of general circulation within the local agency in which the proceeding is conducted at least ten (10) days prior to the hearing.

e.

If the notice is mailed or delivered pursuant to subsection B(2)(d) of this section, the notice shall also either be:

i.

Published in at least one (1) newspaper of general circulation within the local agency which is conducting the proceeding at least ten (10) days prior to the hearing.

ii.

Posted at least ten (10) days prior to the hearing in at least three (3) public places within the boundaries of the local agency, including one (1) public place in the area directly affected by the proceeding.

f.

Whenever a hearing is held regarding a permit for a drive-through facility, or modification of an existing drive-through facility permit, notice procedures shall be incorporated address the blind, aged, and disabled communities in order to facilitate their participation in any hearing on, or appeal of the denial of, a drive-through facility permit.

3.

Notices per subsection B(1) of this section (referring to the requirements of Government Code section 65090) shall apply to the following:

a.

Adoption or amendment of a general or specific plan.

b.

Zoning ordinance or amendment. (Note additional requirements for the planning commission, below.)

c.

Development agreements. (Note subsection B(2) also applies.)

d.

Tentative, final, and parcel maps. (Note subsection B(2) also applies.)

4.

Notices per subsection B(2) of this section (referring to the requirements of Government Code section 65091) shall apply to the following:

a.

Zoning ordinance or amendment - but only if the proposed ordinance or amendment to a zoning ordinance affects the permitted uses of real property. (Note this only applies to hearings of the planning commission.)

b.

Development agreements. (Note subsection B(1) also applies.)

c.

Tentative, final, and parcel maps. (Note subsection B(1) also applies.)

d.

Conditional use permits.

e.

Site plans.

f.

Any other entitlement subject to the zoning ordinance not otherwise listed in this section.

C.

In addition to the notice required by this section, the city may give notice of the hearing in any other manner it deems necessary or desirable.

D.

If the applicable notice provisions of the Government Code are amended, the requirements shall be automatically incorporated herein, and any inconsistent or superfluous requirement of this Section shall no longer be applicable.

(Ord. 51 §3110, 1965).

(Ord. No. 471, § 1, 9-22-2020)

Public hearings as provided for in this title and by state law shall be held before the planning commission at the time and place for which public notice has been given as required by this chapter. The planning commission may establish its own rules for the conduct of such hearings. A summary of all pertinent testimony offered at a public hearing, together with the names and addresses of all persons testifying, shall be recorded and made a part of the permanent files of the case. Any such hearing may be continued; provided, that prior to the adjournment or recess thereof, the presiding officer at such hearing shall announce the time and place to which such hearing will be continued.

(Ord. 51 §3111, 1965).

Within thirty-five (35) days after the conclusion of a public hearing, the planning commission shall render its decision on the matter so heard. The failure of the planning commission to render such decision within thirty-five (35) days after the conclusion of the hearing may be deemed to constitute a denial, but in no case shall such failure be deemed to constitute an approval.

(Ord. 51 §3112(part), 1965).

A.

Within five (5) days after final decision by the planning commission on an application for a variance, modification or conditional use permit, notices of the decision in the matter shall be mailed to the applicant at the address shown upon the application, the city clerk, the members of the city council, the owners of the adjoining property and persons requesting such notice.

B.

The granting, either with or without conditions, or the denial of such application by the planning commission shall be final unless within fifteen (15) days after the decision by the planning commission, or ten (10) days after the mailing of the required notices, whichever date is later, the applicant, or any other person aggrieved, appeals therefrom in writing to the city council by presenting such appeal to the city clerk. At its next regular meeting after the filing of such appeal with the city clerk, the city council shall set a date for a hearing thereon. The manner of setting the hearing, giving of notice and conducting the hearing shall be the same as prescribed in this chapter for hearing by the planning commission. The decision appealed from shall be affirmed unless reversed by a vote of not less than a majority of all members of the city council.

C.

No permit or license shall be issued for any use involved in an application for a variance, modification or conditional use permit until the same has become final by reason of the failure of any person to appeal or by reason of the action of the city council.

D.

If the use authorized by any variance, modification or conditional use permit is or has been unused, abandoned, discontinued or has ceased for a period of six (6) months, or the conditions have not been complied with, such variance, modification or conditional use permit shall become null and void and of no effect unless an extension therefore has been granted by the planning commission, upon written petition of the applicant for such extension before the expiration of the above period.

(Ord. 51 §3112(A), 1965).

A.

Within ten (10) days after final action by the planning commission on an application for amendments or changes of zone boundaries, its recommendation, together with the complete records of the case, shall be delivered to the city council.

B.

The city council, after receipt of the report and recommendation from the planning commission, shall hold a final hearing thereon. The manner of setting the hearing, giving of notice and conducting the hearing shall be the same as prescribed in this chapter for hearings by the planning commission. The recommendation of the planning commission shall be approved unless reversed by a vote of not less than a majority of all members of the city council.

C.

No permit or license shall be issued for any use involved in an application for an amendment or change of zone until same has become final by the adoption of an ordinance.

(Ord. 51 §3112(B), 1965).

Notwithstanding any provision in Sections 17.50.130 and 17.50.140 to the contrary, at the request of the applicant or any other interested persons, the vote of the city council on any application for a variance, modification, conditional use permit or an amendment or change of zone boundaries, shall be deferred by the city council until such time as all members of the city council are present and have had the opportunity to vote thereon.

(Ord. 51 §3112(c), 1965).

A.

Applicability and Purpose. Reasonable accommodation in the land use and zoning context means providing individuals with disabilities or developers of housing for people with disabilities, flexibility in the application of land use and zoning and building regulations, policies, practices and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities.

An individual with a disability is someone who has a physical or mental impairment that limits one (1) or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment.

B.

A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure acts as a barrier to fair housing opportunities.

C.

Notice to the Public of Availability of Accommodation Process. Notice of the availability of reasonable accommodation shall be prominently displayed at public information counters in city hall, advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall be available to the public in city hall.

D.

Requesting Reasonable Accommodation.

1.

In order to make housing available to an individual with a disability, any eligible person as defined in section 17.54.160 a may request a reasonable accommodation.

2.

Requests for reasonable accommodation shall be in writing and provide the following information:

a.

The applicant's name, address, and telephone number.

b.

Address of the property for which the request is being made.

c.

The name and address of the property owner, and the owner's written consent to the application.

d.

The current actual use of the property.

e.

The basis for the claim that the individual is considered disabled under the fair housing laws: Identification and description of the disability which is the basis for the request for accommodation, including current, written medical certification and description of disability and its effects on the person's medical, physical, or mental limitations.

f.

The rule, policy, practice and/or procedure of the city for which the request for accommodation is being made, including the zoning code regulation from which reasonable accommodation is being reauested.

g.

The type of accommodation sought.

h.

The reason(s) why the accommodation is reasonable and necessary for the needs of the disable person(s). Where appropriate include a summary of any potential means and alternatives considered in evaluating the need for the accommodation.

i.

Copies of memoranda, correspondence, pictures, plans or background information reasonably necessary to reach a decision regarding the need for the accommodation.

j.

Other supportive information deemed necessary by the city to facilitate proper consideration of the request, consistent with fair housing laws.

3.

Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

4.

A request for reasonable accommodation in regulations, policies, practices and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.

5.

If an individual needs assistance in making the request for reasonable accommodation, the jurisdiction will provide assistance to ensure that the process is accessible.

6.

Review with other land use applications: If the project for which the reasonable accommodation is being requested also requires some other discretionary approval (such as conditional use permit, general plan amendment, zoning amendment, subdivision map), then the applicant shall submit the reasonable accommodation application first for a determination by the city manager, before proceeding with the other applications.

7.

Fee. The fee for an application for reasonable accommodation shall be established by resolution of the city council.

E.

Reviewing Authority.

1.

Requests for reasonable accommodation shall be reviewed by the city manager, using the criteria set forth in subsection 17.54.160 F. Information related to an applicant's disability shall be kept in strict confidence in the city manager's office.

2.

The city manager shall issue a written decision on a request for reasonable accommodation within thirty (30) days of the date of the application and may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in subsection 17.54.160F.

3.

If necessary to reach a determination on the request for reasonable accommodation, the city manager may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the thirty-day period to issue a decision is stayed until the applicant responds to the request.

F.

Required Findings.

1.

The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing laws and based on the following factors:

a.

Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws;

b.

Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws;

c.

Whether the requested accommodation would impose an undue financial or administrative burden on the city and;

d.

Whether the requested accommodation would require a fundamental alteration in the nature of the city's land use and zoning or building program.

e.

In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation will comply with these findings including the following:

(i)

Inspection of the property periodically, as specified, to verify compliance with this section and any conditions of approval;

(ii)

Removal of the improvements, where removal could not constitute an unreasonable financial burden, when the need for which the accommodation was granted no longer exists;

(iii)

Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists;

(iv)

Recordation of a deed restriction requiring removal of the accommodating feature once the need for it no longer exists;

(v)

Measures to reduce the impact on surrounding uses;

(vi)

Measures in consideration of the physical attributes of the property and structures;

(vii)

Other reasonable accommodations that may provide an equivalent level of benefit and that will not result in an encroachment into required setbacks, exceed the maximum height, lot coverage, or floor area ratio requirement specified for the zone district; and

(viii)

Other conditions necessary to protect the public health, safety, and welfare.

G.

Written Decision on the Request for Reasonable Accommodation.

1.

The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the reviewing authority's findings on the criteria set forth in subsection 17.54.160 F. All

written decisions shall give notice of the applicant's right to appeal and to request reasonable accommodation in the appeals process as set forth below. The notice of decision shall be sent to the applicant by certified mail.

2.

The written decision of the city manager shall be final unless an applicant appeals it to the city's planning commission within ten (10) days of the date of the written decision by following the process found in subsection (h) of this section.

3.

If the city manager fails to render a written decision on the request for reasonable accommodation within the thirty-day time period allotted by subsection 17.54.106E.3., the request shall be deemed granted.

4.

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.

H.

Appeals.

1.

Within thirty (30) days of the date of the city manager's written decision, an applicant may appeal an adverse decision to the planning commission. Appeals from the adverse decision shall be made in writing. The decision of the planning commission shall be final.

2.

If an individual needs assistance in filing an appeal on an adverse decision, the city will provide assistance to ensure that the appeals process is accessible.

3.

All appeals shall contain a statement of the grounds for the appeal. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

4.

Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available, so long as the aggrieved individual has fully followed the process contained in this section.

(Ord. No. 421, § 9, 7-7-2015)