This chapter identifies the review authority responsible for reviewing and making decisions on each type of application required by the development code. [Ord. 12-4. DC 2012 § 122-854].

Table 18.400.020, Review Authority, identifies the authority responsible for reviewing and deciding on each type of application required by the development code.

(1)    “Recommend” means that the review authority makes a recommendation to a higher review authority. “Decision” means that the review authority makes the final decision. “Appeal” means that the review authority considers and decides on appeals of the decision of the earlier review authority, in compliance with Chapter 18.510 CDC (Appeals and Calls for Review).

(2)    The design review board recommends to the appropriate review authority.

(3)    The zoning administrator may defer action and refer the matter to the planning commission to make the decision.

(4)    Design and site review applications with an associated discretionary permit shall be approved by the review authority for the discretionary permit. If there is no associated discretionary permit, or the discretionary permit was previously approved, design and site review may be approved administratively by the planning division, with recommendation from the design review board, as appropriate.

[Amended during 2014 recodification; Ord. 12-4. DC 2012 § 122-855].

This chapter contains procedures and requirements for the review of development projects prior to the submittal of a formal planning application, as required by the development code or state law. [Ord. 23-7 § 9 (Exh. C)].

A. Initial Meeting. Except for projects subject to preliminary review under CDC 18.402.040 or when waived by the planning division, prospective applicants are required to meet with staff prior to completing and filing a permit application or preliminary application under CDC 18.402.030 in order to:

1. Inform the applicant in general of city requirements as they apply to the proposed project;

2. Review the city’s approval process, possible project alternatives, or modifications;

3. Determine the type of permits required for the project;

4. Review the submittal requirements in the application checklist; and

5. Identify any necessary technical studies and information relating to the environmental review of the project. [Ord. 23-7 § 9 (Exh. C)].

A preliminary application process is intended to streamline the formal application process and help achieve conformance with applicable city policies and regulations by providing information on relevant general or specific plan policies, development code regulations, design guidelines and standards, policies, and procedures. The planning division shall prepare, update, and maintain the preliminary applications and any related checklist provided for in this chapter. related to projects subject to legislative or discretionary approval pursuant to the development code. This review is required for the following discretionary projects: all infill residential projects, projects located within 300 feet of a residential district, complex projects with multiple applications, and potentially controversial projects or uses.

A. Projects that meet any of the following shall submit a preliminary application in conformance with this section prior to filing a formal planning application:

1. Requires a general plan amendment, rezoning, or other legislative approval;

2. Does not appear to qualify for an exemption under the California Environmental Quality Act (CEQA);

3. New nonresidential buildings;

4. Residential projects that are not eligible for a preliminary application under Government Code Section 65941.1(a) and CDC 18.402.040;

5. Nonresidential subdivisions and condominiums;

6. Any person wishing to apply for a density bonus and/or other incentives or concessions under Density Bonus Law shall make a preliminary application in writing to the community development department. The application shall identify what specific measures (e.g., modifications to standards, density bonus, or fee subsidies) the developer is requesting in conformance with Chapter 18.185 CDC (Affordable Housing).

B. A preliminary application review can also be requested under this section for projects that do not require a preliminary application.

C. The planning division may waive the preliminary application requirement, as appropriate, when determined that there would be no additional benefit in undergoing preliminary application review.

D. No preliminary application will be accepted for review without payment of the fee established by the city’s master fee and charges schedule.

E. A preliminary application is not subject to the requirements of the California Permit Streamlining Act or the California Environmental Quality Act (CEQA), as determined by state law.

F. Preliminary application submittals may include conceptual design and site review by the design review board, as applicable, and any neighborhood meeting required by Chapter 18.405 CDC (Permit Application Filing and Processing).

G. The planning division shall provide the applicant with a written summary of preliminary comments on the project for use in preparing their formal application review. A preliminary application submitted under this section does not grant a vested right to develop the project under the regulations and fees in effect at the time the application is submitted or when comments are issued. [Ord. 23-7 § 9 (Exh. C)].

Pursuant to Government Code Section 65941.1(a), and as may be amended, prospective applicants of eligible housing development projects may submit a preliminary application under state law and this section.

A. Projects subject to the preliminary application under this section include any of the following:

1. Residential units only;

2. Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designed for residential use; or

3. Transitional housing or supportive housing.

B. A preliminary application shall be deemed submitted upon providing the information specified in the city’s applicable submittal checklist and payment of the processing fee.

C. The project for which a preliminary application has been submitted shall be subject only to the ordinances, policies, and standards adopted and in effect when the preliminary application was deemed submitted.

D. If the development project is revised such that the number of residential units or square footage of construction changes by 20 percent or more, exclusive of any increase resulting from the receipt of a density bonus, incentive, concession, waiver, or similar provision, the housing development project shall not be deemed to have submitted a preliminary application that satisfies this section until the applicant resubmits the information required by the city’s applicable submittal checklist so that it reflects the revisions. For purposes of this subsection, “square footage of construction” means the building area, as defined by the California Building Standards Code (Title 24 of the California Code of Regulations).

E. Within 180 calendar days after submitting a preliminary application, the application(s) required for the development project shall be submitted with all of the information required to process the development application consistent with state law, including, but not limited to, Government Code Sections 65940, 65941, and 65941.5.

F. If the city determines that the application for the development project is not complete pursuant to Government Code Section 65943, the development proponent shall submit the specific information needed to complete the application within 90 days of receiving the agency’s written identification of the necessary information. If the development proponent does not submit this information within the 90-day period, then the preliminary application shall expire and have no further force or effect. [Ord. 23-7 § 9 (Exh. C)].

This chapter contains procedures and requirements for the preparation, filing, and processing of discretionary planning permit applications required by the development code. Projects shall complete the applicable pre-application requirements of Chapter 18.402 CDC (Pre-Application Procedures) prior to completing and filing a permit application under this chapter. [Ord. 23-7 § 9 (Exh. A); Ord. 12-4. DC 2012 § 122-867].

A. Concurrent Filing and Approvals. When a single project requires multiple discretionary permit applications and Table 18.400.020 shows more than one review authority, all applications shall be filed, processed, reviewed, and approved or disapproved concurrently by the highest level of authority required for any one application. For example, a project with a zoning map amendment and use permit shall be filed, processed, reviewed, and approved or disapproved by the city council (after a recommendation from the planning commission) where a use permit application by itself may be reviewed and acted upon by the planning commission. (Similarly, a minor use permit with a major subdivision would be acted upon by the planning commission where the minor use permit by itself would be acted upon by the zoning administrator.)

B. Exceptions.

1. At the discretion of the zoning administrator, a design and site review application in connection with a minor subdivision for single-family dwellings may be processed and reviewed following approval of the minor subdivision and recordation of the parcel map.

2. When state law or the Concord Municipal Code requires ministerial design and site review for a project, the decision to approve or deny the project’s design shall be issued prior to the review authority’s consideration of other discretionary permits required for the project; provided, that the permits to construct the project shall not be issued until all required planning permits have been approved for the project. [Ord. 23-7 § 9 (Exh. A); Ord. 17-5 § 2 (Exh. F); Ord. 12-4. DC 2012 § 122-868].

A. Submittal Requirements.

1. Application Checklists. The planning division shall prepare and maintain an application checklist or multiple checklists that specify the information required for each type of planning permit application required by the development code. The checklists shall identify application materials such as fees, plans, drawings, statements, photographs, color, and material samples, photo simulations, models, renderings, and other items necessary to show existing conditions and to convey the details of the project.

2. Filing.

a. Each application required by the development code shall be accompanied by the information on all applicable checklists, as identified at the initial meeting (if applicable), in compliance with the procedures listed in this chapter.

b. The planning division may authorize use of a single application form and submittal materials for multiple land use applications required by the development code.

3. Additional Information. The planning division may require additional information as necessary to determine the level of environmental review required pursuant to the California Environmental Quality Act (CEQA) and any adopted city environmental review procedures.

4. Eligibility for Filing. Applications shall be filed by the owner of the subject property, authorized agent, or representative, with the written consent of the property owner.

5. Fees. All required fees shall accompany each application. Fees are established by the city council resolution of fees and charges for various municipal services, in effect as of July 1st of any given year (hereby referred to as the “city or city’s fee schedule”). No application shall be deemed complete and processing shall not commence on any application until all required fees and deposits have been paid.

6. Public Information. All submitted materials become the property of the city and will be available to the public. Any person may review an application and supporting materials in the planning division offices, subject to city procedures. Copies of such materials shall be made available at cost as established by the city. [Ord. 23-7 § 9 (Exh. A); Ord. 12-4. DC 2012 § 122-869].

A. Development Advisory Committee.

1. The development advisory committee (DAC) comprised of city staff shall review legislative or discretionary applications for completeness, consistency with city requirements, and accuracy before accepted as a complete application and officially filed. The determination of completeness shall be based on the city’s application checklist for each type of application filed, in addition to other information identified by city staff in the preliminary application meeting.

2. Application materials shall be distributed to DAC members and referred to any public agency that may be affected by or have an interest in the proposed project, at the discretion of the planning division, or where otherwise required by the development code, local, state, or federal law.

3. The development advisory committee meeting shall not be construed as a recommendation for approval or denial of the application, project, or use by city staff. Failure by city staff to identify all required studies or all applicable requirements does not constitute a waiver of those requirements.

B. Complete Application.

1. As required by Government Code Section 65943, within 30 calendar days of application filing, the applicant shall be informed, in writing, that the application is complete and has been accepted for processing, or that the application is incomplete and lists the items that need to be submitted in order to deem the application complete.

2. The official filing date of an application shall be the date on which the planning division receives the last submission of a map, plans, or other materials as required to deem the application complete, in compliance with this chapter.

C. Information for Environmental Review. After an application has been accepted as complete, the planning division may require additional information as needed for environmental review of the project.

D. Incomplete Application. When an application is deemed incomplete, the date of any new submittal shall begin another 30-day review period as described above. The time used by the applicant to submit the required information shall not be considered as part of the time within which the determination of completeness shall occur.

E. Expiration of Application.

1. If an applicant fails to provide the additional information required to complete the application, specified in the planning division’s completeness letter, within six months after the date of the first filing of the application, the application shall expire and shall be deemed withdrawn, without any further action by the city.

2. Upon request, the planning division may grant an extension for up to an additional six months, based on reasonable explanation for the delay in submitting the required additional information. Any extension shall be subject to any additional fees.

3. After an application expires, a completely new application shall be filed, including all submittal requirements and current filing fees, in accordance with the requirements of this chapter.

F. Violations on the Site.

1. The planning division may reject and not process an application or find it complete, if any condition exists on the site in violation of the development code, the Concord Municipal Code, or any permit or other approval granted in compliance with the development code or Concord Municipal Code, except for any permit application needed to correct the violation.

2. The planning division authority under this section shall apply whether:

a. The current applicant was the owner of the subject property at the time the violation occurred; or

b. The applicant is the current owner of the subject property with or without actual or constructive knowledge of the violation at the time of acquisition of the subject property. [Ord. 23-7 § 9 (Exh. A); Ord. 12-4. DC 2012 § 122-871. Formerly 18.405.050].

A. When required, applicants shall conduct a neighborhood meeting, in accordance with city procedures, following submittal of a preliminary application under CDC 18.402.030 or formal application to the planning division for the following projects that require discretionary approval:

1. All residential projects or mixed-use projects with at least two-thirds residential floor area that are located within 300 feet of an existing residential use;

2. Nonresidential projects located within 500 feet of a residential district;

3. Complex nonresidential projects with multiple applications;

4. Potentially controversial nonresidential projects; or

5. Nonresidential projects that have the potential to affect surrounding properties;

6. Any project that requires a legislative action such as a general plan amendment or rezoning.

B. Prior to the approval of a residential or mixed-use project subject to ministerial review, the project proponent shall conduct a neighborhood meeting, with meeting notice provided to properties within 500 feet of the project boundaries, if the project proposes five or more dwelling units or lots and the site is located within 500 feet of an existing residential use. To the extent the notification requirement of this section conflicts with Chapter 18.500 CDC (Public Hearings), this section shall apply.

C. Notice of the neighborhood meeting shall be provided to all of the adjacent residents and property owners in accordance with the city’s public notification requirements and procedures as outlined in a handout on file with the planning division.

D. At the meeting, the applicant shall present the project plans and provide basic information about the project, including a site analysis that graphically depicts the existing site and shows the surrounding conditions and neighborhood context.

E. Notwithstanding the above, if the project does not present issues of sufficient concern to warrant a neighborhood meeting, or if the neighborhood meeting would exceed the limit of five hearings or meetings pursuant to California Government Code Section 65905.5, the planning division may waive this requirement.

F. When required, the neighborhood meeting shall be conducted as soon as adequate information on the project has been provided to the city and, when feasible, prior to the application being deemed complete. [Ord. 23-7 § 9 (Exh. A); Ord. 12-4. DC 2012 § 122-872. Formerly 18.405.060].

After acceptance of a complete application, the project shall be reviewed as required by the California Environmental Quality Act (CEQA) and any adopted city environmental review procedures. [Ord. 23-7 § 9 (Exh. A); Ord. 12-4. DC 2012 § 122-873. Formerly 18.405.070].

A. Whenever an applicant files revised materials, the materials shall be submitted at least 15 days before any scheduled public meeting or hearing on the application, with the exception of plans submitted for design and site review, which may be up to one day prior to the meeting, as determined by the planning division.

B. The planning division may accept revised materials after the above deadline if they determine that there is sufficient time to review the revised materials before the scheduled hearing date.

C. The review authority may continue an application to the next available meeting in order to adequately evaluate any materials received after receipt of the application package. [Ord. 23-7 § 9 (Exh. A); Ord. 12-4. DC 2012 § 122-874. Formerly 18.405.080].

A. The planning division shall review all applications for compliance with application requirements and the development code to determine whether they comply and are consistent with the general plan, the provisions of the development code, and other applicable provisions of the Concord Municipal Code .

B. The planning division shall provide a written report to the applicable review authority and a recommendation on whether the application should be approved, approved subject to conditions, or disapproved. The report shall address all findings required by the development code.

C. Staff reports shall be furnished to the applicant at the time they are provided to the review authority, prior to the scheduled hearing. [Ord. 23-7 § 9 (Exh. A); Ord. 12-4. DC 2012 § 122-875. Formerly 18.405.090].

This chapter establishes the procedure used by the city to verify that a new or expanded proposed structure or use complies with the permitted list of activities allowed in the applicable zoning district and the development standards applicable to the use. [Ord. 24-7 § 7 (Exh. M); Ord. 12-4. DC 2012 § 122-887].

A. Where Division II of this title (Zoning Districts – Uses and Standards) or other provisions of the development code specify a zoning clearance determination as a prerequisite to establishing a new land use, the zoning clearance review may be conducted prior or subsequent to the filing of any building, grading, or other construction permit, business license, or other authorization required for the proposed use.

B. The zoning clearance shall be determined before any structure may be altered, constructed, erected, moved, or repaired, or before any vacant land may be used or changed in use.

C. The zoning clearance shall be determined before a building permit or any other required city approval may be issued or granted.

D. Issuance of a business license does not require a zoning clearance or other permit from the planning division. However, obtaining a zoning clearance determination from the planning division will establish that the proposed activity complies with the use regulations of the development code and will provide a certainty to potential business owners/operators. The zoning clearance determination will specify that: (1) the use is in conformance with the provisions of this title; (2) the use is allowed; or (3) other permits, such as a use permit or design and site review, are not required. [Ord. 24-7 § 7 (Exh. M); Ord. 13-5; Ord. 12-4. DC 2012 § 122-888].

A. A zoning clearance will only be determined when the planning division has received all information required to find that the request complies with all development code provisions applicable to the proposed use or structure.

B. When the planning division determines that a new or expanded proposed structure is in conformance with applicable standards, the zoning clearance determination may be documented by a stamp, city staff signature, or other official notation on approved plans, or other certification. If there is no business license or other permit required, no additional documentation is required for a zoning clearance determination.

C. A zoning clearance determination may be requested in writing in accordance with Chapter 18.10 CDC (Title, Purpose, Applicability, and Interpretation) and appealable in accordance with Chapter 18.510 (Appeals and Calls for Review). [Ord. 24-7 § 7 (Exh. M); Ord. 13-5; Ord. 12-4. DC 2012 § 122-889].

This chapter establishes standards and procedures for design and site review. The purpose of design and site review is to recognize the interrelationship between the appearance of open spaces, buildings, and structures in order to ensure the orderly development of the city, the stability of land values, and the construction of structures, additions, or alterations with proper attention to the harmony, compatibility, and aesthetic quality of site design, architecture, landscape architecture, signs, and engineering. [Ord. 23-7 § 9 (Exh. B); Ord. 17-2 § 2 (Exh. L); Ord. 12-4. DC 2012 § 122-901].

A. Design and site review shall be required for all of the following:

1. Prior to construction, use or alteration of any building, structure, or sign;

2. Prior to substantial alteration of any landscaping or site topography;

3. Prior to any new tenant improvement subject to the provisions of Chapter 18.535 CDC (Nonconforming Physical Improvements/Property Upgrades);

4. Prior to construction or alteration of any new parking lot improvements or alteration to existing parking lots including circulation, layout, or dimensions;

5. Prior to the approval of a sign plan or master sign programs pursuant to Chapter 18.180 CDC (Signs);

6. Prior to any improvement on property adjacent to or including a creek as defined in CDC 18.305.020;

7. Prior to the use of a lot for any storage or staging purposes;

8. Single-Family Dwellings.

a. New single-family dwellings within a proposed minor or major subdivision;

b. Any addition resulting in a single-family dwelling with an FAR greater than 30 percent;

c. Second-story additions where the area of the second floor portion is 40 percent or more than the area of the original structure located on the second floor, or second stories that are set back less than 10 feet from a side property line; and

d. New single-family dwellings and additions to existing single-family dwellings on sloped lots, subject to the requirements in Chapter 18.300 CDC (Hillside Protection);

9. Prior to the installation of pavement on any portion of a lot;

10. Prior to any other site improvement that requires further review in order to determine compliance with the development code or other city ordinances, except for one single-family dwelling or accessory dwelling unit on a single lot or parcel; and

11. Residential projects that do not meet objective design standards that would otherwise be eligible for ministerial approval under state law or the Concord Municipal Code.

B. Design and site review approval of plans, pursuant to this chapter, shall be required prior to the issuance of any construction permit, including building, encroachment, grading, demolition, or other permit.

C. Design and site review approval is required in addition to all other planning permits or approvals required by the development code.

D. All departments of the city vested with the authority to issue permits or licenses shall conform to the provisions of this chapter, and no permit or license for uses, buildings, or purposes shall be issued in conflict with the provisions of this chapter. Any such permit or license issued in conflict with the provisions of this chapter shall be invalid. [Ord. 23-7 § 9 (Exh. B); Ord. 17-2 § 2 (Exh. L); Ord. 13-5; Ord. 12-4. DC 2012 § 122-902].

The following improvements are exempt from design and site review:

A. The continuation of a previously approved or permitted use and structure;

B. Individual tenants within a multi-tenant commercial building or commercial center that has not been more than 50 percent vacant for a continuous period of over one year when the use is consistent with a previously approved use permit or other discretionary permit;

C. Projects that do not require a building permit, including accessory buildings less than 120 square feet in area;

D. Additions and alterations to individual existing residential dwellings and structures that do not increase the floor area of the building or total building footprint by more than 50 percent over a three-year period, which are not subject to the requirements in Chapter 18.300 CDC (Hillside Protection);

E. Exempt signs, as identified in Chapter 18.180 CDC (Signs);

F. Individual signs conforming to a master sign program approved in compliance with Chapter 18.180 CDC (Signs);

G. Individual signs replacing existing legal signs where the new sign is smaller or the same size as the existing sign and complies with Chapter 18.180 CDC (Signs);

H. Temporary structures or buildings which are intended to be and are used in connection with an approved temporary use such as the sale of Christmas trees or pumpkins in accordance with this division, and that remain on the site only for the temporary period specified for such use;

I. Single-family homes except as identified in CDC 18.415.020(A)(8);

J. Accessory dwelling units unless required by CDC 18.200.180;

K. Any future state law or city regulations that require ministerial approval for residential or mixed-use projects;

L. Emergency shelters and group housing, including single-room occupancy (SRO) developments that comply with applicable objective design standards;

M. Residential development projects that conform to objective design standards;

N. Residential development on sites previously identified in past housing elements in which at least 20 percent of the units are affordable to lower income households in accordance with the specification of Government Code Section 65583.2(c), and which conform to objective design standards; and

O. Residential development eligible for ministerial approval under the California HOME Act (SB 9), Government Code Sections 65852.21 and 66411.7.

P. Mixed-use projects with at least two-thirds square footage designated for residential use, and that conform to applicable objective development standards and Chapter 18.152 CDC (Objective Design Standards). [Ord. 24-6 § 8 (Exh. L); Ord. 23-7 § 9 (Exh. B); Ord. 12-4. DC 2012 § 122-903].

Discretionary design and site review applications shall be approved as follows:

A. Planning Division. The planning division shall be the initial review authority for design and site review. The planning division may refer the application to the design review board, zoning administrator, or planning commission for review and approval.

B. Zoning Clearance. Improvements to existing properties such as painting with a similar color scheme, window replacement, or minor storefront changes may be approved by staff with a zoning clearance and shall not require a separate design and site review application.

C. Administrative Design and Site Review. Minor projects/improvements that do not require other discretionary permit approvals and where the planning division determines that the project will not substantially affect the property rights of owners or adjacent parcels may be approved through administrative design and site review, with or without review by the design review board, as determined by the planning division. Examples of minor projects/improvements include:

1. Minor additions to existing multifamily residential buildings that are not exempt under CDC 18.415.030;

2. New occupancies in existing nonresidential buildings when the property is in conformance with the development standards applicable to the property;

3. New occupancies in existing nonresidential buildings when the property is not in conformance with the development standards applicable to the property where the project includes plans to substantially upgrade the exterior of the building and/or makes significant upgrades to landscaping, parking areas, and other site improvements;

4. Minor additions and alterations to nonresidential buildings that are not in the core downtown area or on prominent streets or gateways throughout the city; and

5. Master signage programs that meet the city’s sign ordinance requirements for maximum size, height, and number of attached and freestanding signs.

D. Other Discretionary Approvals. Design and site review applications shall be considered and acted upon concurrently with any associated planning permit, such as an administrative permit, minor or major use permit, variance, minor or major subdivision, planned development use permit, or hillside development permit.

E. Referral. The planning division may refer any application for design and site review to the design review board if there are significant concerns with the proposed design.

F. Recommendation. The design review board shall recommend approval or denial of a project to the appropriate review authority, with or without conditions of approval.

G. Decision. When the design review board makes a recommendation for denial of a project or recommends a condition of approval that is not acceptable to the applicant, the decision shall be referred to the appropriate review authority. For administrative design and site review or projects typically reviewed by the zoning administrator, the planning division may refer the project directly to the planning commission for a public hearing and decision, in accordance with Chapter 18.500 CDC (Public Hearings). [Ord. 23-7 § 9 (Exh. B); Ord. 12-4. DC 2012 § 122-904].

Applications for design and site review shall be completed, filed, and processed in accordance with this chapter. Applications shall be accompanied by the information identified in the design and site review checklist, on file with the planning division, and all applicable fees in accordance with the currently adopted city fee schedule. [Ord. 23-7 § 9 (Exh. B); Ord. 12-4. DC 2012 § 122-905].

This section describes the process for projects that are reviewed by the design review board (DRB). The DRB has the authority to revise this procedure as necessary in order to facilitate the resolution of project issues and to avoid unnecessary hearings. Alternative procedures could include consideration and approval of projects in a single meeting, holding a single or multiple study sessions, or appointing a two-person subcommittee to work with the project design team outside of the regularly scheduled DRB meetings. When an alternative procedure is used, the project recommendation shall require final action by the full DRB at a regular DRB meeting.

A. Conceptual Design and Site Review. Conceptual design and site review is a part of the preliminary application review process. When required or requested, this process provides general comments and direction to applicants prior to submitting a formal application. Plans are not expected to be complete or fully detailed. The board provides comments on the design concept, massing, bulk, site plan layout and function, building orientation, preliminary elevations and architectural style, adequacy of landscaped areas and site amenities, and the integration of stormwater requirements into the site design.

B. Preliminary Design and Site Review. Preliminary design and site review is scheduled after a formal application has been submitted with detailed project plans that are either complete or nearly complete, as follows:

1. Staff reviews projects that have been through conceptual design and site review for conformance with the board’s initial comments;

2. Staff reviews new projects for compliance with the development code and any applicable design guidelines and provides a recommendation to the board;

3. If the board’s recommendations require a significant alteration to the plans or a significant project redesign, a subsequent preliminary design and site review meeting will be required;

4. When the board is generally satisfied with the project design but needs additional plans or details to verify the project design, the board recommends resubmittal of plans for final design and site review approval; and

5. When a project scheduled for preliminary design and site review has incorporated the board’s comments from conceptual design and site review, and complete plans have been submitted, the board may approve the project without an additional meeting for final design and site review.

C. Preliminary/Final Design and Site Review. A project scheduled for preliminary design and site review may be approved without a subsequent final design review hearing, if:

1. All of the project details required in the application checklist for final design and site review have been submitted; and

2. The board has only minor comments which will not affect the overall design of the project nor require further review.

D. Final Design and Site Review. Final design and site review is a review of plans submitted in response to comments made by the DRB at preliminary design and site review and typically includes additional project details. If the board is satisfied that the project plans meet the applicable design and site review criteria, the board “recommends approval” to the applicable review authority. The board may make their recommendation with or without conditions of approval. [Ord. 23-7 § 9 (Exh. B); Ord. 13-5; Ord. 12-4. DC 2012 § 122-906].

The scope of design and site review shall include, but not be limited to:

A. Building proportions, massing, and architectural details;

B. Exterior colors and materials as they relate to the overall appearance, one another, and surrounding development;

C. Site design, orientation, and location of buildings, relative to existing structures on adjacent property, location of the site, topography, and other features of the natural and built environment;

D. The size, location, and arrangement of on-site parking and paved areas;

E. Grading of property;

F. Height, materials, colors, and variety of fences, walls, and screen plantings;

G. Location, type, and design of landscaping, including selection and size of plant materials, hardscape, street furniture, and irrigation;

H. The size, location, design, color, number, lighting, and materials of all signs;

I. Location and screening of above-ground utility structures and equipment; and

J. Any other features identified in applicable city-approved design guidelines. [Ord. 23-7 § 9 (Exh. B); Ord. 12-4. DC 2012 § 122-907].

For projects subject to ministerial design and site review as required by state law or the Concord Municipal Code, the review authority for the project shall be the planning division. The decision to approve or deny the project shall be based on the project’s conformance with the applicable objective development and design standards, or other basis for denial provided for in state law. [Ord. 23-7 § 9 (Exh. B)].

Design review recommendations shall be based on the following criteria and any other applicable design guidelines:

A. The building design and landscaping supports public safety and security by allowing for surveillance of the street by people inside buildings and elsewhere on the site.

B. The design is compatible with the historical or visual character of any area recognized by the city as having such character.

C. The project design preserves major view and vistas along major streets and open spaces and trails and enhances them by providing project amenities.

D. The proposed lighting and fixtures are designed to complement on-site buildings, are of an appropriate scale for the development, and provide adequate light for safety and security while minimizing glare.

E. All mechanical, electrical, and utility equipment is located, screened, or incorporated into the design of the buildings so as not to be visible from off site, and screening devices are consistent with the exterior colors and materials of the buildings.

F. The overall design of the project, including its scale, massing, site plan, exterior design, and landscaping, enhances the appearance and features of the project site and surrounding natural and built environment.

G. The project design is appropriate to the function of the project and will provide an attractive and comfortable environment for occupants, visitors, and the general community.

H. The architectural details, colors, materials, and landscaping are internally consistent, fully integrated with one another, and used in a manner that is visually consistent with the proposed architectural design.

I. The project is compatible with neighboring development in the same zoning district by avoiding large differences in building scale and character and provides a harmonious transition between the proposed project and surrounding development.

J. The project creates an attractive and visually interesting built environment with a variety of building styles and designs, well-articulated structures that present varied building facades, rooflines, and building heights within a unifying context.

K. The landscaping is compatible with and enhances the architectural character of the buildings and site features, and blends with the surrounding landscape. Landscape elements complement the buildings and rooflines through color, texture, density, and form. Landscaping is in scale with on-site and off-site buildings, and plantings have been selected and located to avoid conflicts with views, lighting, infrastructure, utilities, and signage.

L. Stormwater treatment areas have been integrated into the landscape design.

M. New construction does not need to match existing surrounding development or buildings; however, the design shall complement or enhance existing development. [Ord. 23-7 § 9 (Exh. B); Ord. 13-5; Ord. 12-4. DC 2012 § 122-908].

Design and site review shall be approved when it is determined that the proposed improvements conform to all applicable development and use standards including the following:

A. The interrelationship between the orientation, location, and elevations of buildings and structures and site improvements are mutually compatible and aesthetically harmonious;

B. The orientation, location, and elevation of the buildings and structures and site improvements are compatible with and are aesthetically harmonious with adjacent development or the character of the neighborhood;

C. Landscaping, irrigation systems, walls and fences, or features to conceal outdoor activities, utility enclosures, and trash facilities meet current requirements or provide a significant upgrade and improvement to the site and the appearance of the neighborhood; and

D. Parking, pedestrian access, and traffic circulation are adequate or improved for all modes of circulation. [Ord. 23-7 § 9 (Exh. B); Ord. 13-5; Ord. 12-4. DC 2012 § 122-909].

A. Decision and Findings. The review authority shall consider the recommendations from the design review board and may approve, conditionally approve, or deny the application after finding that:

1. The project is consistent with the general plan;

2. The project meets the relevant criteria in CDC 18.415.080 (Discretionary design review criteria); and

3. The project overall reflects design principles and/or incorporates design features that are consistent with applicable design guidelines adopted by the city council that are in effect at the time of approval.

B. In approving a design and site review, the review authority may impose conditions of approval as deemed necessary to:

1. Ensure that the proposal conforms to the general plan and other applicable plans or policies adopted by the city council; and

2. Ensure that the proposal meets the requirements of the applicable zoning district, applicable provisions in the Concord Municipal Code, and other standards in the development code. [Ord. 23-7 § 9 (Exh. B); Ord. 17-5 § 2 (Exh. G); Ord. 13-5; Ord. 12-4. DC 2012 § 122-910].

The procedures and requirements relating to appeals, project revisions, issuance of a building permit, effective dates, lapse of approval, extensions, and revocations located in Division VIII of this title (Administration) shall apply following the decision on an application for design and site review. [Ord. 23-7 § 9 (Exh. B); Ord. 12-4. DC 2012 § 122-911].

This chapter establishes procedures for administrative permits to ensure that each new or expanded use or structure complies with the applicable requirements of the development code. [Ord. 17-2 § 2 (Exh. K); Ord. 12-4. DC 2012 § 122-923].

A. Where Division II of this title (Zoning Districts – Uses and Standards) or other provisions of the development code require an administrative permit as a prerequisite to establishing a new land use, the administrative permit shall be required prior to planning division review of any building, grading, or other permit, or other authorization required for the proposed use.

B. If a design and site review (Chapter 18.415 CDC) is required, the application shall be submitted as a part of the application for an administrative permit.

C. An administrative permit is required for, but not limited to, the following uses:

1. Home-based businesses or change to an approved home-based business. CDC 18.200.100 (Home-based businesses);

2. Sidewalk cafe and outdoor eating areas. Chapter 12.45 CMC (Sidewalk Cafes) and CDC 18.200.190 (Sidewalk cafes and outdoor eating areas);

3. Temporary uses. CDC 18.200.200 (Temporary uses and structures);

4. Vendor permits. Chapter 12.50 CMC;

5. Previously approved projects that required a subsequent administrative permit as a condition of approval, with the exception of previously approved preliminary development plans and the subsequent use permit where the development code allows the use subject to a zoning clearance; and

6. Any other use or development as determined by the planning division to require further review and/or documentation in the form of an approval letter, beyond a zoning clearance, in order to determine compliance with the development code.

D. Administrative permits are not required for:

1. The continuation of a previously approved or permitted use and structure.

2. Individual tenants within a multi-tenant office building or commercial center if the use is consistent with a previously approved use permit or other entitlement. [Ord. 17-2 § 2 (Exh. K); Ord. 12-4. DC 2012 § 122-924].

The planning division shall be the review authority for administrative permits. [Ord. 12-4. DC 2012 § 122-925].

Applications for administrative permits shall be completed, filed, and processed in accordance with this chapter. Applications shall be accompanied by the information identified in the administrative permit checklist, on file with the planning division, and all applicable fees in accordance with the currently adopted city fee schedule. [Ord. 12-4. DC 2012 § 122-926].

A. An administrative permit shall be approved when it is determined that the proposed use or structure conforms to all applicable development and use standards.

B. In approving an administrative permit, the planning division may impose conditions of approval as deemed necessary to:

1. Ensure that the proposal conforms to the general plan and other applicable plans or policies adopted by the city council;

2. Ensure that the proposal meets the requirements of the district where the proposal is located, as well as any other applicable provisions of the development code;

3. Comply with the design criteria in CDC 18.415.080; and

4. The approval shall be in the form of a letter to the applicant. [Ord. 12-4. DC 2012 § 122-927].

The procedures and requirements relating to appeals, project revisions, issuance of a building permit, effective dates, lapse of approval, extensions, and revocations located in Division VIII of this title (Administration) shall apply following the decision on an application for an administrative permit. [Ord. 12-4. DC 2012 § 122-928].

This chapter establishes a procedure to allow minor exceptions from specified regulations in the development code. [Ord. 12-4. DC 2012 § 122-950].

A minor exception to the development standards listed in Table 18.425.020 shall be approved if the review authority can make the findings identified in CDC 18.425.060.

[Ord. 18-1 § 1 (Exh. D); Ord. 17-5 § 2 (Exh. H); Ord. 12-4. DC 2012 § 122-951].

A. Planning Division. The planning division may render a decision a minor exception if a public hearing is not requested, pursuant to CDC 18.500.040.

B. Zoning Administrator. When a hearing is requested, the zoning administrator shall hold a public hearing in compliance with Division VIII of this title (Administration). [Ord. 17-5 § 2 (Exh. H); Ord. 12-4. DC 2012 § 122-952].

Applications for minor exceptions shall be completed, filed, and processed in accordance with this chapter. Applications shall be accompanied by the information identified in the administrative permit checklist, on file with the planning division, and all applicable fees in accordance with the currently adopted city fee schedule. It is the responsibility of the applicant to provide evidence in support of the findings identified in CDC 18.425.060 (Findings and decision). [Ord. 12-4. DC 2012 § 122-953].

A. Review. Applications shall be reviewed by the planning division to ensure compliance with the development code and other applicable requirements.

B. Notice. The planning division shall provide public notice of its intent to render a decision on the minor exception unless a public hearing is requested in compliance with Chapter 18.500 CDC (Public Hearings). The notice shall state that a public hearing will be held only if requested in writing by any interested person prior to the date specified in the notice.

C. Hearing. When a hearing is requested, notice of hearing shall be provided in compliance with Division VIII of this title (Administration), and the zoning administrator shall conduct the hearing prior to making a decision on the application, in accordance with Division VIII of this title (Administration). [Ord. 17-5 § 2 (Exh. H); Ord. 12-4. DC 2012 § 122-954].

Minor exceptions may be approved with or without conditions of approval, based on all of the following findings (for requests for reasonable accommodation see subsection (B) of this section):

A. No practical alternative exists that will result in a superior project with regard to its appearance, relationship with existing buildings and improvements, visibility, and impacts to neighboring properties including privacy, noise, view, and lighting impacts;

B. Other provisions of the development code will not be compromised;

C. No negative impact will result; and

D. The project will otherwise comply with all applicable development code standards and requirements. [Ord. 17-5 § 2 (Exh. H); Ord. 12-4. DC 2012 § 122-955].

A minor exception for a reasonable accommodation may be approved, with or without conditions of approval, if the exception is necessary to reasonably accommodate the needs of a disabled person in compliance with the Americans with Disabilities Act (ADA), based on the following findings:

A. The request is necessary to make specific housing available to the applicant due to the applicant’s disability;

B. There are no other feasible alternatives that would provide an equivalent level of benefit; and

C. The request will not impose an undue financial or administrative burden on the city. [Ord. 12-4. DC 2012 § 122-956].

The decision shall be in writing, stating the reason for the decision based on the findings and any conditions of approval. [Ord. 12-4. DC 2012 § 122-957].

The procedures and requirements relating to appeals, project revisions, issuance of a building permit, effective dates, lapse of approval, extensions, and revocations located in Division VIII of this title (Administration) shall apply following the decision on an application for a minor exception. [Ord. 12-4. DC 2012 § 122-958].

This chapter provides a mechanism for consideration of variances from the development standards of the development code when, due to strict application of the standards, the property owner is denied privileges enjoyed by other property owners in the vicinity and in the same zoning district because of special circumstances applicable to the subject property, including location, shape, size, surroundings, topography, or other physical conditions. [Ord. 12-4. DC 2012 § 122-980].

A variance may be granted to waive or modify a requirement of the development code, except in no case shall a variance be granted to:

A. Allow a use that is not otherwise allowed in the zoning district where the subject property is located, Division II of this title (Zoning Districts – Uses and Standards);

B. Increase the maximum allowed residential density;

C. Increase the maximum allowed floor area ratio (FAR); or

D. Waive a specific prohibition (for example, to allow a sign where not allowed). [Ord. 12-4. DC 2012 § 122-981].

A. Planning Division. The planning division may approve a variance if a public hearing is not requested, pursuant to CDC 18.500.040.

B. Zoning Administrator. When a hearing is requested, the zoning administrator shall hold a public hearing in compliance with Chapter 18.500 CDC (Public Hearings).

C. Referral. The zoning administrator may refer any variance application to the planning commission for a decision. [Ord. 12-4. DC 2012 § 122-982].

Applications for variances shall be completed, filed, and processed in accordance with this chapter. Applications shall be accompanied by the information identified in the variance checklist, on file with the planning division, and all applicable fees in accordance with the currently adopted city fee schedule. It shall be the responsibility of the applicant to provide evidence in support of the findings identified in CDC 18.430.060(A) (Findings). [Ord. 12-4. DC 2012 § 122-983].

A. Review. Applications shall be reviewed by the planning division to ensure compliance with the development code and other applicable requirements.

B. Notice. The planning division shall provide notice of a public hearing in compliance with Chapter 18.500 CDC (Public Hearings). The notice shall state that the zoning administrator will decide whether to approve or disapprove the variance on a date specified in the notice and that a public hearing will be held only if requested in writing by any interested person prior to the specified date for the decision.

C. Hearing. When a hearing is requested, a notice of the hearing shall be provided in compliance with Chapter 18.500 CDC (Public Hearings), and the zoning administrator shall conduct the hearing before making a decision on the application. [Ord. 12-4. DC 2012 § 122-984].

A. Findings. A variance may be approved, with or without conditions of approval, based on all of the following findings:

1. The strict application of the development code denies the property owner privileges enjoyed by other property owners in the vicinity and within the same zoning district due to special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other conditions;

2. Such special circumstances were not created by the owner or applicant;

3. The variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and the zoning district where the property is located; and

4. The variance does not authorize a use or activity which is not otherwise expressly authorized in the zoning district where the property is located (see Division II of this title, Zoning Districts – Uses and Standards).

B. Parking Variances. A variance from parking requirements for nonresidential uses may be granted to allow some or all of the required parking spaces be located off site or to allow for in-lieu fees or facilities instead of the required parking spaces, as required by Government Code Section 65906.5, if both of the following conditions are met:

1. The variance will be an incentive to, and a benefit for, the nonresidential development; and

2. The variance will facilitate access to the nonresidential development by patrons of public transit facilities.

C. Decision. The decision shall be in writing stating the reasons for the decision, the findings, and any conditions of approval. [Ord. 12-4. DC 2012 § 122-985].

The procedures and requirements relating to appeals, project revisions, issuance of a building permit, effective dates, lapse of approval, extensions, and revocations located in Division VIII of this title (Administration) shall apply following the decision on an application for a variance. [Ord. 12-4. DC 2012 § 122-986].

This chapter establishes procedures for minor use permit and use permit applications as required uses and activities that may be appropriate in the applicable zone but whose effects on a site and surroundings cannot be determined without closer review of the specific site and the details of the proposed use. [Ord. 12-4. DC 2012 § 122-998].

Where Division II of this title (Zoning Districts – Uses and Standards) or other provisions of the development code require a minor use permit or a use permit as a prerequisite to establishing a new land use, the minor use permit or the use permit shall be approved prior to planning division review of any building, grading, or other permit, or any other authorization required for the proposed use. A minor use permit is required for a finding of public convenience and necessity as required in CDC 18.200.040 (Alcoholic beverage sales). [Ord. 12-4. DC 2012 § 122-999].

A. Minor Use Permits.

1. A minor use permit application shall be reviewed and approved or disapproved by the zoning administrator at a public hearing conducted in compliance with Chapter 18.500 CDC (Public Hearings).

2. The zoning administrator may refer any minor use permit application to the planning commission for a public hearing and decision.

B. Use Permits. A use permit application shall be reviewed and approved or disapproved by the planning commission at a public hearing conducted in compliance with Division VIII of this title (Administration).

C. Design and Site Review. Design and site review may be required as a part of the review and approval of a minor use permit or a use permit (see Chapter 18.415 CDC). [Ord. 12-4. DC 2012 § 122-1000].

Applications for a minor use permit or use permit shall be completed, filed, and processed in accordance with this chapter. Applications shall be accompanied by the information identified in the minor use permit and use permit application checklist, on file with the planning division, and all applicable fees in accordance with the currently adopted city fee schedule. It is the responsibility of the applicant to provide evidence in support of the findings identified in CDC 18.435.060(A) (Findings). [Ord. 12-4. DC 2012 § 122-1001].

Applications shall be reviewed by the planning division to ensure compliance with the development code and other applicable requirements.

A. Minor Use Permits.

1. Notice. The planning division shall provide notice of a public hearing in compliance with Chapter 18.500 CDC (Public Hearings). The notice shall state that the zoning administrator will decide whether to approve or disapprove the minor use permit on a date specified in the notice and that a public hearing will be held only if requested in writing by any interested person prior to the specified date for the decision.

2. Hearing. When a hearing is requested, a notice of the hearing shall be provided and the zoning administrator shall conduct the public hearing before making a decision on the application in compliance with Chapter 18.500 CDC (Public Hearings).

B. Use Permits.

1. Notice. The planning division shall provide notice of a public hearing in compliance with Chapter 18.500 CDC (Public Hearings).

2. Hearing. A use permit application shall be reviewed and approved or disapproved by the planning commission at a public hearing conducted in compliance with Chapter 18.500 CDC (Public Hearings). [Ord. 12-4. DC 2012 § 122-1002].

A. Findings. The review authority may approve a minor use permit or a use permit application only after first making the following findings:

1. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of the development code and the CMC.

2. The proposed use is consistent with the general plan and any applicable specific plan.

3. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and future land uses in the vicinity.

4. The site is physically suitable for the type, density, and intensity of the proposed use, including access, utilities, and the absence of physical constraints.

5. Granting the permit would not be detrimental to the public health, safety, or welfare of the persons residing or working in the subject neighborhood or materially detrimental or injurious to property or improvements in the vicinity and zoning district where the property is located.

6. If the review authority determines that it is not possible to make all of the required findings for approval of the project as submitted or as modified with conditions, the application shall be denied. The specific basis for denial shall be established for the record.

B. Findings for Public Convenience and Necessity. Findings for the approval or denial of an FOPCN shall be made as required in CDC 18.200.040 (Alcoholic beverage sales).

C. Conditions of Approval. In approving a minor use permit or use permit, the review authority may impose conditions relating to the placement, height, nature, and extent of the use, buffers and screening, landscaping and surfacing, off-site improvements, maintenance, and performance guarantees. The review authority may also impose conditions that establish standards for development that are more restrictive than the applicable requirements of the development code and that are deemed reasonable and necessary to ensure that the approval will comply with the findings required by subsection (A) of this section (Findings). [Ord. 12-4. DC 2012 § 122-1003].

The procedures and requirements relating to appeals, project revisions, issuance of a building permit, effective dates, lapse of approval, extensions, and revocations located in Division VIII of this title (Administration) shall apply following the decision on an application for a minor use permit or use permit. [Ord. 12-4. DC 2012 § 122-1004].

The purpose of the planned development use permit (PDUP) is to provide opportunities for high quality development that does not meet the required development standards in the residential and mixed-use zoning districts. Variations from development standards will be considered in accordance with additional higher quality site, building design or materials, landscape design, or other amenities for projects that are compatible with existing, adjacent development. PDUPs are intended to provide the necessary flexibility to produce more enhanced environmental and architectural excellence in new development than is possible under the conventional development code and to recognize that most infill development is not on uniformly shaped parcels. [Ord. 12-4. DC 2012 § 122-1016].

A PDUP is allowed subject to a use permit in all residential and mixed-use zoning districts.

A. Allowable Land Use. A PDUP applies to the development standards for a property and in no case shall a use be considered that is not allowed in the applicable zoning district as prescribed by Division II of this title (Zoning Districts – Uses and Standards).

B. Modification of Standards. A PDUP may adjust or modify, where necessary and justifiable, all applicable development standards, except as provided in subsection (C) of this section; provided, that the planning commission makes all of the findings as prescribed in CDC 18.440.070(A) (Findings).

C. Allowable Density and Intensity. A PDUP shall achieve the minimum net density or intensity (FAR) for the applicable zoning district, including density on property with an average slope of 15 percent or greater. Portions of a project may be below the minimum required net density/intensity if the project site as a whole meets the minimum net density/intensity. The net density/intensity of a project may be averaged throughout the entire property when parcels are divided by two or more districts. The net density may be above the maximum density allowed only when in compliance with Chapter 18.185 CDC (Affordable Housing). [Ord. 12-4. DC 2012 § 122-1017].

A. Design Review Board. The design review board shall review all PDUP applications based on the criteria in Chapter 18.415 CDC (Design and Site Review) and the design criteria contained in CDC 18.415.080. The design review board shall forward its recommendation to the planning commission.

B. Planning Commission. A PDUP application shall be reviewed and approved or disapproved by the planning commission at a public hearing conducted in compliance with Division VIII of this title (Administration). [Ord. 12-4. DC 2012 § 122-1018].

Applications for PDUPs shall be completed, filed, and processed in accordance with this chapter. Applications shall be accompanied by the information identified in the planned development use permit checklist, on file with the planning division, and all applicable fees in accordance with the currently adopted city fee schedule. It is the responsibility of the applicant to provide evidence in support of the findings required in CDC 18.440.070(A) (Findings). [Ord. 12-4. DC 2012 § 122-1019].

A. Review. Applications shall be reviewed by the planning division to ensure compliance with the development code and other applicable requirements.

B. Notice. The planning division shall provide notice of a public hearing in compliance with Chapter 18.500 CDC (Public Hearings).

C. Hearing. A PDUP application shall be reviewed and approved or disapproved by the planning commission at a public hearing conducted in compliance with Chapter 18.500 CDC (Public Hearings). [Ord. 12-4. DC 2012 § 122-1020].

The planning commission shall consider the following features to determine whether a proposed PDUP meets the purpose and intent of this chapter.

A. Site Design and Orientation. Block size; lot layout, widths, and front setbacks; streets, pedestrian and bicycle areas, street connectivity; roundabouts, neck downs, curb bulbs or similar techniques; shared or clustered driveways; alley parking; visual focal points; building orientation; open space provisions; retention of significant natural features; and grading techniques.

B. Private, Common, and Recreational Open Space. Type, quantity and location of open space; trail systems, recreational amenities; and retention of adjacent open space areas.

C. Landscaping. Streetscapes; street trees; open spaces; quality and design of landscaping; use of roof gardens; creative hardscape improvements; preservation of existing landforms; integration of stormwater treatment areas into the landscape design; and preservation of protected trees.

D. Design Features. Architectural styles, four-sided design treatment, colors, a mixture of high-quality materials; building size and type; roof forms; variety and interest; high quality roofing materials, garage and porch placement; accent paving; street furniture and lighting; high-quality walls and fencing; and utility placement and screening.

E. Other Features. Site amenities and other features the planning commission deems appropriate. [Ord. 12-4. DC 2012 § 122-1021].

A. Findings. The planning commission shall consider the development’s positive benefits against any potential impact on the surrounding area and shall approve a PDUP with the following findings:

1. The development is in conformance with the general plan and any applicable specific plan.

2. The development is in conformance with applicable provisions of the development code and the CMC, relating to both on- and off-site improvements necessary to accommodate flexibility in site planning and property development and to carry out the purpose and intent of the zoning district.

3. The development is a comprehensive development that provides a more enhanced environment and architectural excellence (e.g., varied structure placement and orientation, mix of building sizes and types of dwellings, high quality architectural design and materials, increased landscaping and open space, improved solutions to the design and placement of parking facilities, etc.) than would normally be possible under conventional zoning requirements.

4. The development is compatible and well integrated with existing, adjacent neighborhoods.

5. The various elements of the development, including buildings, infrastructure, landscaping, private and common open space, work together to form a comprehensive plan of sufficient unity to justify exceptions to the development standards identified in the applicable zoning district.

6. The design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle access and public services and utilities (e.g., drainage, fire protection, sewers, water) will ensure that the development would not endanger, jeopardize, or otherwise constitute a hazard to the public health, safety, or general welfare, or be injurious to property or improvements in the vicinity.

7. The site is:

a. Physically suitable for the type and density/intensity of the development;

b. Adequate in shape and size to accommodate the development; and

c. Served by streets of adequate capacity for the traffic generated by the development.

8. The public need for, and the positive benefits to be derived from, the project clearly outweigh any potential negative effects it may cause.

B. Conditions of Approval. In approving a PDUP, the review authority may impose any conditions deemed reasonable and necessary to:

1. Ensure that the approval complies with the findings in subsection (A) of this section (Findings);

2. Ensure compliance with other requirements of the development code to provide compatibility with surrounding properties;

3. Accommodate flexibility in site planning and project design;

4. Provide appropriate transitional treatment;

5. Mitigate potential environmental impacts in accordance with CEQA requirements; and

6. Protect the public health, safety, and general welfare. [Ord. 12-4. DC 2012 § 122-1022].

The procedures and requirements relating to appeals, project revisions, issuance of a building permit, effective dates, lapse of approval, extensions, and revocations located in Division VIII of this title (Administration) shall apply following the decision on an application for a planned development use permit. [Ord. 12-4. DC 2012 § 122-1023].

This chapter establishes procedures for applications for a hillside development use permit, as required by Chapter 18.300 CDC (Hillside Protection). [Ord. 12-4. DC 2012 § 122-1045].

Where Chapter 18.300 CDC (Hillside Protection) requires a hillside development use permit as a prerequisite to development of property, construction of a building or building addition, grading, or other permit for construction, a hillside development use permit shall be approved by the appropriate review authority prior to planning division review of any building, grading, or other permit plans, or any other authorization required for development of the property. [Ord. 12-4. DC 2012 § 122-1046].

An application for a hillside development use permit shall be completed, filed, and processed in accordance with Chapter 18.405 CDC (Permit Application Filing and Processing). Applications shall be accompanied by the information identified in the application checklist, on file with the planning division, and all applicable fees in accordance with the currently adopted city fee schedule. It is the responsibility of the applicant to provide evidence in support of the findings identified in CDC 18.445.060 (Review and findings). [Ord. 12-4. DC 2012 § 122-1047].

A. Administrative Hillside Development Use Permit (HDP). The planning division may approve additions to existing single-family homes when the addition does not exceed more than 50 percent of the existing structure and the planning division has determined that the proposal will not impact adjacent properties. The planning division may refer any minor HDP application to the zoning administrator or planning commission for a public hearing and decision.

B. Design Review Board. The design review board shall evaluate all minor and major HDP applications based on the design criteria contained in Chapter 18.415 CDC (Design and Site Review) and the criteria in CDC 18.415.080.

C. Hillside Development Use Permit (HDP). A minor HDP application shall be reviewed and approved or disapproved by the zoning administrator at a public hearing conducted in compliance with Division VIII of this title (Administration). A minor HDP is a new single-family residence on an existing parcel, a major expansion (over 50 percent of existing floor area) to an existing single-family home, a minor subdivision, or an amendment to a previously approved HDP for a single-family residence on a hillside parcel. The zoning administrator may refer any minor HDP application to the planning commission for a public hearing and decision.

D. Major HDP. A major HDP application shall be reviewed and approved or disapproved by the planning commission at a public hearing conducted in compliance with Division VIII of this title (Administration). A major HDP is any residential subdivision, multifamily dwelling, or nonresidential structure on a hillside parcel. [Ord. 12-4. DC 2012 § 122-1048].

Applications shall be reviewed by the planning division to ensure compliance with the development code and other applicable requirements. Applications shall be processed in accordance with Chapter 18.405 CDC (Permit Application Filing and Processing) and this chapter (Hillside Development Use Permit). [Ord. 12-4. DC 2012 § 122-1049].

The review authority shall consider the standards in CDC 18.300.050 and shall approve an HDP only if it is consistent with the findings in CDC 18.300.090. [Ord. 12-4. DC 2012 § 122-1050].

The planning division shall determine whether the proposed amendment constitutes a minor or major amendment based on CDC 18.300.050 (Development standards) and CDC 18.300.070 (Design criteria).

A. Minor Amendments. Minor amendments may be administratively approved by the planning division, with or without review by the design review board, as determined by the planning division; and

B. Major Amendments. Major amendments, including any change to building pad and/or driveway elevations, shall require review and approval by the planning commission following review and recommendation from the design review board. [Ord. 12-4. DC 2012 § 122-1051].

The procedures and requirements relating to appeals, project revisions, issuance of a building permit, effective dates, lapse of approval, extensions, and revocations located in Division VIII of this title (Administration) shall apply following the decision on an application for a hillside development permit. [Ord. 12-4. DC 2012 § 122-1052].

This chapter establishes standards and regulations to recognize, preserve, and enhance areas, places, sites, buildings, and structures of historic, community, or aesthetic interest or value. More specifically, this chapter is intended to:

A. Safeguard the heritage of the city by preserving and perpetuating areas, places, sites, buildings, structures, monuments, works of art, and other objects that reflect elements of the city’s cultural, historical, social, economic, political, agricultural, military, educational, or architectural history;

B. Protect and enhance property values within the city;

C. Enhance the visual and aesthetic character, diversity, and interest of the city;

D. Foster civic pride in the beauty and notable accomplishments of the past and enrich human life in its educational, patriotic, civic, and cultural dimension;

E. Promote the use and preservation of historic locations, places, sites, structures, and objects for the education and general welfare of the people of the city;

F. Prevent the sudden, arbitrary, impetuous, and capricious destruction, removal, or remodeling of historic landmarks; and

G. Recognize the property rights of owner of property declared a “landmark” or located within a historic district. [Ord. 12-4. DC 2012 § 122-1074].

A. No person shall alter the exterior of, construct improvements to, demolish, or relocate any structure or alter the appearance of any property designated as a city historic landmark except in compliance with the requirements of this chapter.

B. To accomplish the purposes of this chapter, the planning commission has the power and responsibility to:

1. Designate areas, places, sites, buildings, structures, and similar objects and locations as city landmarks or historic districts;

2. Approve, conditionally approve, or disapprove applications for construction, alteration, repair, or demolition of city landmarks or historic districts; and

3. Establish and maintain a list of structures, sites, and areas deemed deserving of recognition, although not designated as city landmarks. [Ord. 12-4. DC 2012 § 122-1075].

A. Landmark or District Nomination. Nominations of areas, places, sites, buildings, structures, and similar objects for designation as landmarks or districts may be initiated by the city council or the planning commission by adoption of a resolution of intent to nominate or by an application from:

1. The owners or their authorized agents of a property proposed for landmark status; or

2. A majority of the property owners within the boundaries of a proposed historic district.

B. Designation of Landmarks. To be eligible for designation as a landmark, the planning commission must find that a property meets at least one of the following:

1. Unique character, interest, or value due to a special association with the development, heritage, or cultural characteristics of the city, state, or United States of America;

2. Location as the area, place, or site of a significant historic event or identification with a person or persons who contributed significantly to the culture, history, and development of the city;

3. Exemplification of the cultural, educational, economic, patriotic, social, or historic heritage of the city or portrayal of the environment of a group of people in an era of history characterized by a distinctive architectural style;

4. The first, last, only, or most significant architectural property of a specified type in the city, an example of the more notable work or the best surviving work of an architect or master builder whose individual work has influenced the development of the city, or prototypes or outstanding examples of periods, styles, architectural movements, or construction expressed by architectural design, detail, materials, or craftsmanship that represents a significant architectural innovation;

5. Substantial contribution to the significance of other distinctive locations, areas, places, and sites that are designated or eligible for landmark designation due to property’s age, use, size, style, materials, history, educational, patriotic, cultural, or architectural motif;

6. Unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood, community, or the city; or

7. Listing on the National Register described in Chapter 16 of the United States Code or the State Register of Historic Resources described in Chapter 1.1.5 of the California Public Resources Code.

C. Designation of Historic Districts. A geographic area may be considered for designation as a historic district if a contiguous area that includes a group of parcels meets at least one of the following:

1. A significant number of the parcels reflect significant geographical patterns, including those associated with different eras of settlement and growth, particular transportation modes, or distinctive examples of park or community planning;

2. A significant number of the parcels convey a sense of historic or architectural cohesiveness through their design, setting, materials, workmanship, or association;

3. A significant number of the parcels have historic significance and retain a high degree of integrity;

4. The area in general is associated with a historically significant period in the development of the community or is associated with special historical events;

5. A significant number of the parcels embody distinctive characteristics of a style, type, period, or method of construction, or are a valuable example of the use of indigenous materials or craftsmanship; or

6. A significant number of the parcels represent the works of notable builders, designers, or architects. [Ord. 12-4. DC 2012 § 122-1076].

If the city council or planning commission initiates landmark or district nomination, the city shall notify the owner(s) of affected property within 10 days after adoption of the resolution of intent. [Ord. 12-4. DC 2012 § 122-1077].

Applications for a landmark or district nomination shall be completed, filed, and processed in accordance with this chapter. Applications shall be accompanied by the information identified in the landmark or district nomination or certificate of appropriateness checklist, as appropriate, on file with the planning division, and all applicable fees in accordance with the currently adopted city fee schedule. No property shall be proposed for nomination as a landmark or as a contributing property within a historic district without the written consent of all affected property owners. [Ord. 12-4. DC 2012 § 122-1078].

If a property owner submits a nomination accompanied by a request for entitlement or other request to alter the property requiring a certificate of appropriateness pursuant to CDC 18.450.080(A), the applications shall be processed concurrently. [Ord. 12-4. DC 2012 § 122-1079].

A. Review. The planning commission shall review all nominations for conformance with the purposes of this chapter and with the criteria for designation in CDC 18.450.030(B) or (C) at a public hearing. Notice of the public hearing shall be provided and the hearing shall be conducted in accordance with the provisions of Chapter 18.500 CDC (Public Hearings).

B. Decision. The commission shall approve, disapprove, or modify the proposed designation based on the criteria in CDC 18.450.080(C) and (D).

1. Determination by Commission. The commission shall make a determination with respect to the designation by resolution, in writing, with a description of the designated property.

2. Effect of Designation. Landmarks and contributing properties in a historic district may be altered only after obtaining a certificate of appropriateness, pursuant to CDC 18.450.080(A).

3. Effect of Disapproval. If a nomination is disapproved, a subsequent nomination for the same landmark or historic district may not be considered for at least three years unless substantial additional information becomes available, in which case the nomination may be resubmitted after one year.

4. Notice of Determination. Notice of the commission’s determination shall be provided to the owner and any person having a legal or equitable interest in said property, as well as to other parties that have requested a copy. When a landmark is designated, the city’s chief building official shall be notified of the designation.

5. Filing with County Recorder. When the planning commission designates a landmark or district, a certified copy of the resolution of designation, including a statement of the effect of the designation, shall be filed with the county recorder. [Ord. 12-4. DC 2012 § 122-1080].

A. Certificate of Appropriateness. An application for a certificate of appropriateness (“certificate”) is required for any exterior alteration, demolition, or removal of any historically significant resource, city-designated landmark or historic district. Applications for a certificate of appropriateness shall be completed, filed, and processed in accordance with this chapter. Applications shall be accompanied by historical information regarding the property, a detailed statement of the proposed alteration, including architectural plans, and the information identified in the certificate of appropriateness checklist on file with the planning division. If deemed necessary, design and construction plans shall be subject to third party review by a recognized preservationist or other required specialist, with the costs borne by the applicant.

B. Review. All applications shall be reviewed as follows:

1. Minor Alterations. The following minor exterior changes to a landmark or historically significant resource may be reviewed administratively:

a. Repainting with original color palette.

b. Reroofing with original materials.

c. The addition of wheelchair ramps with consistent exterior finishes that do not result in the demolition of any architectural elements that contribute to the historic character of the building or site.

2. Major Alterations. All other alterations shall be reviewed by the planning commission.

C. Criteria for Review. The planning commission shall consider the following standards in reviewing an application for a certificate of appropriateness:

1. The proposed alteration will not adversely affect the exterior architectural features of the historically significant resource, designated landmark, or contributing property in a designated historic district or the special character, interest, or value of neighboring improvements and surroundings, including facade, setback, roof shape, scale, height, and relationship of material, color, and texture.

2. The most current standards contained in the Secretary of the Interior’s Standards for the Treatment of Historic Properties and its Guidelines.

D. Scope of Review. The planning commission shall approve, conditionally approve, or deny an application for a certificate of appropriateness based on the following criteria used for justifying the designation as a landmark:

1. Architectural design and detail;

2. Height, bulk, and massing of buildings and structures;

3. Lot coverage and building orientation;

4. Color and texture of surface materials;

5. Grading and site development;

6. Landscaping materials and design;

7. Changes to natural features;

8. Location of off-street parking;

9. Light fixtures and street furniture;

10. Walls, fencing, doors, windows, screens, steps, communication equipment, and security grills;

11. Yards and setbacks;

12. Signage; and

13. Other considerations identified in the Secretary’s Standards and Guidelines or other city-approved design guidelines. [Ord. 12-4. DC 2012 § 122-1081].

The planning commission shall approve a certificate of appropriateness based on the following:

A. If the certificate of appropriateness is for an exterior alteration, addition, rehabilitation, or restoration, which:

1. Will not adversely affect any significant historical or aesthetic feature of the property and is appropriate and consistent with the spirit and purpose of this chapter; and

2. Conforms to the Secretary of the Interior’s Standards for the Treatment of Historic Properties and its guidelines.

B. If the certificate of appropriateness is for demolition or removal:

1. It is not economically feasible to remodel, rehabilitate, or reuse the designated landmark.

2. Denial of the application would deprive the owner of any economically viable use of the property. [Ord. 12-4. DC 2012 § 122-1082].

The planning division or planning commission may request exemptions from building code requirements for buildings or structures that are designated landmarks when such exemptions are necessary for the preservation of significant historical or architectural features of the landmark. When the city engineer or building official finds that an exemption is necessary to achieve the purposes of this chapter, the city engineer or building official shall approve the exemption as provided for in the State Historic Building Code if the modification or exception does not create any condition immediately hazardous to life or property. [Ord. 12-4. DC 2012 § 122-1083].

No building, grading, or demolition permit shall be issued for any project for which a certificate of appropriateness is required until the city approves a final site plan and building plans showing all changes required as conditions of approval. [Ord. 12-4. DC 2012 § 122-1084].

A. The owner, occupant, or other person in charge of a designated historic landmark shall keep the exterior of the structure in good repair and any interior areas where maintenance is necessary to prevent deterioration and decay of any exterior architectural feature. For purposes of this section “good repair” means the prevention of structural decay or structural failure and prevention of irreparable damage to the major historic or architectural features of the structure.

B. Disrepair and dilapidation may not be used as a justification for demolition if periodic maintenance and repair has not been done and the designated landmark falls into disrepair.

C. None of these requirements shall be construed to prevent any measures of construction, alteration, or demolition necessary to correct or abate unsafe or dangerous conditions of any structure or other feature of a designated landmark when the city building official or the fire marshal has declared such measures necessary. In such cases, only such work as is reasonably necessary to correct the unsafe or dangerous condition may be performed. [Ord. 12-4. DC 2012 § 122-1085].

The owner or any interested person may apply to the planning commission for termination of a landmark designation. The procedures set forth in CDC 18.450.080 (Changes to historically significant resources, designated landmarks, and historic districts) shall apply. When a landmark designation is terminated, the chief building official shall be notified and a cancellation notice of the previously recorded notice of designation shall be sent to the county recorder for recording. [Ord. 12-4. DC 2012 § 122-1086].

The review and approval of a designation of landmark or historic district; a certificate of appropriateness; and the termination of a designation shall be in compliance with the California Environmental Quality Act (CEQA) and the city’s local environmental review procedures as related to historic resources, and the appropriate environmental document shall be prepared for review and determination by the planning commission. [Ord. 12-4. DC 2012 § 122-1087].

The procedures and requirements relating to appeals, project revisions, issuance of a building permit, effective dates, lapse of approval, extensions, and revocations located in Division VIII of this title (Administration) shall apply following the decision on an application for a designation of landmark or historic district, a certificate of appropriateness, and a termination of designation. [Ord. 12-4. DC 2012 § 122-1088].

This chapter provides procedures for general plan, specific plan, development code, or zoning map amendments, as provided for in state law, whenever it is determined that public necessity and general welfare require an amendment.

A. General Plan. A general plan amendment may include revisions to text or diagrams.

B. Development Code. A development code amendment may modify a standard, requirement, or procedure applicable to land use or development within the city.

C. Zoning Map. A zoning map amendment has the effect of rezoning property from one zoning district to another.

D. Specific Plan. A specific plan amendment may modify a standard requirement, or map of a specific plan. [Ord. 12-4. DC 2012 § 122-1099].

An amendment to the general plan, specific plan, development code, or zoning map shall be initiated by:

A. A motion of the city council or planning commission;

B. An application by the owner or authorized agent of property for which the amendment is sought, and if the subject property is under multiple ownership, all of the owners or their authorized agents shall join in filing the petition; or

C. A verified petition of at least 50 residents of the city. [Ord. 12-4. DC 2012 § 122-1100].

A. An application for an amendment shall be filed and processed in compliance with this chapter. The application shall be accompanied by the information identified in the checklist, on file with the planning division, and all applicable fees in accordance with the currently adopted city fee schedule. It is the responsibility of the applicant to provide evidence in support of the findings identified in CDC 18.455.070 (Findings).

B. Additional information and supporting data may be required as considered necessary to process the application.

C. Pursuant to state law, applications for general plan, specific plan, development code or zoning map amendments are not considered a development project and are not subject to the time limits specified for processing such applications until the council approves the general plan, specific plan, development code, or zoning map amendment.

D. Multiple Applications.

1. The planning commission may schedule a combined public hearing on multiple applications for an amendment to the general plan, specific plan, development code, or zoning map.

2. The planning division may schedule related applications for amendments to the development code, zoning map, subdivisions, use permits, and design and site review or other permit applications to be processed simultaneously with another proposed general plan, specific plan, development code, or zoning map amendment. [Ord. 12-4. DC 2012 § 122-1101].

A. Environmental Review. The planning division shall determine the appropriate environmental analysis, in compliance with CEQA and the city’s local environmental review procedures. Prior to scheduling any public hearing, the city shall comply with the requirements of Government Code Section 65352.3 regarding Native American consultation, as applicable.

B. Review. Upon receipt of a complete application for an amendment, or upon initiation by the planning commission or city council and following environmental review, the planning division shall set a date, time, and place for the public hearing.

C. Scheduling General Plan Amendments. The planning division shall schedule general plan amendment applications for hearing by the planning commission in compliance with the requirements of state law.

D. Notice. Notice of the public hearing shall be provided and the hearing conducted in compliance with Division VIII of this title (Administration). Notice of the hearing also shall be mailed or delivered at least 10 days prior to the hearing to the Mount Diablo Unified School District, Contra Costa Water District, and any other local agency expected to provide essential facilities or services to the subject property.

E. Report. The planning division shall prepare a report to the planning commission on an application for a general plan, specific plan, development code, or zoning map amendment. The report shall describe the area or subject to be considered for change and, if warranted, alternative amendments. [Ord. 12-4. DC 2012 § 122-1102].

A. Hearing. The planning commission shall conduct a public hearing in conformance with the requirements of Division VIII of this title (Administration).

B. Recommendation to City Council. The planning commission shall forward a written recommendation to the city council whether to approve, approve in modified form, or disapprove the proposed amendment based on the findings in CDC 18.455.070 (Findings). [Ord. 12-4. DC 2012 § 122-1103].

A. Hearing. Upon receipt of the planning commission’s recommendation, the city council shall set the matter for public hearing after providing notice as required by state law and the development code. If the planning commission has recommended against the adoption of such amendment, the city council is not required to take any further action unless an interested party files a written request for a hearing with the city clerk accompanied by the applicable fee established by the city’s fee schedule, within 10 days after the planning commission action.

B. Action. The city council shall approve, approve in modified form, or disapprove the proposed amendment based on the findings in CDC 18.455.070 (Findings).

C. Referral to Commission. If the city council proposes a significant modification to the amendment not previously considered by the planning commission during its hearings, the proposed modification shall be first referred back to the planning commission for its recommendation, in compliance with Government Code Sections 65356 (General Plan Amendments) and 65857 (Development Code Amendments, Map Amendments).

D. Planning Commission Failure to Report to the City Council. Failure of the planning commission to report within 40 calendar days after referral, or a longer period designated by the council, shall be deemed recommending approval of the proposed modification. [Ord. 12-4. DC 2012 § 122-1104].

A general plan, specific plan, development code, or zoning map amendment may be approved only if all of the following applicable findings are made.

A. General Plan and Specific Plan Amendments.

1. The amendment is internally consistent with all other provisions of the general plan or specific plan, as applicable;

2. In the case of a specific plan, the amendment is consistent with the general plan;

3. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the city; or

4. The affected site is physically suitable, including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities, for proposed or anticipated uses and/or development.

B. Development Code and Zoning Map Amendments.

1. The proposed amendment is consistent with the general plan;

2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city; and

3. Zoning map amendments shall also find that the affected site is physically suitable, including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities, for the requested zoning designation and proposed or anticipated uses and/or development. [Ord. 12-4. DC 2012 § 122-1105].

If an application for a change of zoning district is denied, another application for the same zoning classification shall not be accepted by the city within a one-year period unless specific approval for the filing is given by the planning commission or city council. [Ord. 12-4. DC 2012 § 122-1106].

A. Development Code and Zoning Map Amendments. Following the city council action, the city clerk shall make the ordinance and zoning maps or other diagrams available to the public. All decisions of the city council are final. [Ord. 12-4. DC 2012 § 122-1107].

This chapter establishes procedures and requirements for the review and approval of development agreements as authorized by Government Code Section 65864 et seq. It is the intent of the city council that development agreements are not appropriate for routine or ordinary development applications but may be desirable for large multi-phase developments where a developer is called upon to make substantial investment at the early stages of the project for planning and engineering the entire project and public facilities and services. In addition, the city council has determined that commercial cannabis business development projects, such as retail (storefront or non-storefront), manufacturing, testing laboratories, distribution, and microbusinesses, may enter into a development agreement with the city in accordance with this chapter. [Ord. 20-4 (Exh. B); Ord. 12-4. DC 2012 § 122-1132].

A. Applicant. Only a qualified applicant may file an application to enter into a development agreement in compliance with this chapter. A qualified applicant is a person who has legal or equitable interest in the real property which is the subject of the development agreement. “Applicant” includes an authorized agent of the applicant. The planning division may require an applicant to submit proof of their interest in the real property and of the authority of the agent to act for the applicant, and may further require an applicant or agent to submit a title report or other evidence to verify the applicant’s legal or equitable interests in the subject property.

B. Other Parties. In addition to the city and the property owner, any federal, state, or local governmental agency or body and any other private party may be included as a party to any development agreement.

C. Property Subject to Annexation. A qualified applicant whose property is located within the city’s sphere of influence, or who has a pending application for inclusion of their property into the sphere of influence, may file an application to enter into a development agreement. The agreement shall not become operative unless annexation proceedings annexing property to the city are completed within the period specified by the agreement. If the annexation is not completed within the time specified in the agreement or any extension of the agreement, the agreement shall be invalid. [Ord. 20-4 (Exh. B); Ord. 12-4. DC 2012 § 122-1133].

A. An application for a development agreement shall be filed and processed in compliance with this chapter and shall be accompanied by required fees, information, and supporting data determined by the planning division as necessary to process the application.

B. An application for a development agreement shall be accompanied by the general terms and conditions of the agreement proposed by the applicant and shall include:

1. The duration of the agreement;

2. The permitted uses of the property;

3. The density or intensity of use;

4. The maximum height and size of proposed buildings;

5. The provisions for reservation or dedication of land for public purposes;

6. Terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time;

7. Construction start date and phasing;

8. Required compliance with Uniform Building Code standards for construction; and

9. Any additional conditions, terms, or restrictions, and any requirement for subsequent discretionary actions, as deemed necessary to ensure the project’s completion to the satisfaction of the city. [Ord. 20-4 (Exh. B); Ord. 12-4. DC 2012 § 122-1134].

A. Review.

1. The planning division shall receive and review the application. The planning division shall review the application to determine if additional information is necessary and may reject it if it does not meet the requirements of this chapter. The completeness determination shall be sent to the applicant in writing;

2. The planning division shall forward a copy of the proposed agreement to the city attorney for review; and

3. After all required information is received the planning division shall prepare a staff report and recommendation to the planning commission, which shall state if the agreement, as proposed or in an amended form, is consistent with the general plan and any applicable specific plan.

B. Notice. A hearing shall be held by the planning commission and by the city council. The planning division shall provide notice of intention to consider adoption of a development agreement in compliance with Division VIII of this title (Administration) and Government Code Sections 65090 and 65091. The failure of any person entitled to receive notice required by law does not affect the authority of the city to enter into a development agreement.

C. Hearing. Notice of the public hearing shall be provided and the hearing conducted in compliance with Division VIII of this title (Administration). Each person interested in the matter shall be given an opportunity to be heard. The applicant has the burden of showing the public benefit of adopting the proposed development agreement. [Ord. 20-4 (Exh. B); Ord. 12-4. DC 2012 § 122-1135].

A. Purpose and Use. The planning commission may recommend a development agreement as a method of implementing any discretionary recommendation or approval of the planning commission, including but not limited to:

1. Zoning or rezoning;

2. Issuance of a minor use permit or use permit;

3. Approval of a major or minor subdivision;

4. Conditions of approval imposed on any discretionary permit;

5. Conditions imposed in connection with the adoption of any specific plan;

6. Conditions imposed on any planned unit development use permit;

7. Site-specific conditions imposed in any zoning district; and

8. Mitigation measures imposed upon a project in compliance with an environmental impact report (EIR) or mitigated negative declaration in which such mitigation measures have been adopted as a mechanism for eliminating or reducing environmental impacts.

B. Recommendation to City Council. After the planning commission has held a public hearing, it shall render its decision in the form of a written recommendation to the city council. The recommendation shall be based on whether the development agreement:

1. Is consistent with the objectives, policies, general land uses, and programs specified in the general plan and any applicable specific plan;

2. Substantially complies with the uses authorized in, and the regulations prescribed for, the zoning district in which the real property is located; and

3. Will not be detrimental to the health, safety, and general welfare of the residents of the city. [Ord. 20-4 (Exh. B); Ord. 12-4. DC 2012 § 122-1136].

A. Acceptance or Disapproval of Recommendation. After the city council closes the public hearing, it may approve, modify, or disapprove the development agreement. Matters not previously considered by the planning commission during its hearing and any significant modifications may be referred back to the planning commission for a report and recommendation. The planning commission need not hold a public hearing on these referrals.

B. Findings. The city council shall not approve the development agreement, unless it finds that the agreement:

1. Is consistent with the general plan and any applicable specific plan;

2. Is in conformity with public convenience, general welfare, and good land use practices;

3. Will not be detrimental to the health, safety, and general welfare of persons residing in the immediate area nor be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole;

4. Will not adversely affect the orderly development of property or the preservation of property values; and

5. Is consistent with the provisions of Government Code Sections 65864 through 65869.5.

C. Approval of Agreement. If the city council approves the development agreement, it shall adopt an ordinance approving the agreement. The development agreement shall not take effect until the effective date of the ordinance. [Ord. 20-4 (Exh. B); Ord. 12-4. DC 2012 § 122-1137].

The development agreement may be amended or canceled, in whole or in part, pursuant to Government Code Section 65868. [Ord. 20-4 (Exh. B); Ord. 12-4. DC 2012 § 122-1138].

A. Within 10 days after the city council enters into the development agreement, the city clerk shall cause the agreement to be recorded with the office of the county recorder.

B. 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 council terminates or modifies the agreement as provided in Government Code Section 65865.1 for failure of the applicant to comply in good faith with the terms and conditions of the agreement, the city clerk shall have notice of such action recorded with the office of the county recorder. [Ord. 20-4 (Exh. B); Ord. 12-4. DC 2012 § 122-1139].

A. Annual Review. The planning division shall review the development agreement every 12 months from the date the agreement is recorded. The planning division shall determine, based on substantial evidence, that the property owner has or has not complied in good faith with the terms and conditions of the agreement during the period under review.

B. Evidence of Noncompliance. If the planning division finds and determines that the property owner has not complied in good faith with the terms and conditions of the agreement, a public hearing shall be held by the city council, at which time the property owner must demonstrate good faith compliance with the terms and conditions of the agreement. The burden of proof of compliance is on the property owner.

C. Council Determination. The city council shall determine, upon the basis of substantial evidence, whether or not the property owner has, for the time period under review, complied in good faith with the terms and conditions of the development agreement.

1. If the city council finds and determines, based on substantial evidence, that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, no further action is required.

2. If the city council finds and determines, based on substantial evidence, that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the city council may modify or terminate the agreement or extend the time or waive compliance upon a showing of good cause. The decision to terminate or modify the development agreement is final. As part of that final determination, the council may impose conditions as necessary to protect the interests of the city. The decision of the council shall be final and any court action or proceeding to attack, review, set aside, void, or annul any decision of the determination by the council shall be commenced within the time period specified in Government Code Section 65009. [Ord. 20-4 (Exh. B); Ord. 12-4. DC 2012 § 122-1140].

Any development agreement may be amended or terminated, in whole or in part, by following the procedures as set forth in this chapter. Notice of intention to amend or terminate any portion of the agreement shall be given in the manner provided by Government Code Section 65867. [Ord. 20-4 (Exh. B); Ord. 12-4. DC 2012 § 122-1141].

Unless amended or canceled, pursuant to Government Code Section 65868, or modified or suspended, pursuant to Government Code Section 65869.5, and except as otherwise provided in Government Code Section 65865.3(b), a development agreement shall be enforceable by any party thereto notwithstanding any change in any applicable general or specific plan, zoning, or subdivision regulation adopted by the city entering the agreement, which alters or amends the rules, regulations, or policies specified in Government Code Section 65866. [Ord. 20-4 (Exh. B); Ord. 12-4. DC 2012 § 122-1142].