Cotati City Zoning Code
ARTICLE 6
PLANNING PERMIT PROCEDURES
§ 17.60.010 Purpose.
This chapter provides procedures and requirements for the preparation, filing, and initial processing of the planning permit applications required by this land use code.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.60.020 Authority for land use and zoning decisions.
Table 6-1 identifies the review authority as responsible for reviewing and making decisions on each type of application required by this land use code.
(Ord. 927 § 21, 2024; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.60.030 Concurrent permit processing.
If an applicant submits more than one planning permit application for the same project, the applications shall be processed concurrently, with all the permits being considered and acted upon by the highest review authority required by this article for any of the permits.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.60.040 Application preparation and filing.
A.
Preapplication Conference. A prospective applicant is strongly encouraged to request a preapplication conference with the director before completing and filing a planning permit application. The purpose of this conference is to generally:
1.
Inform the applicant in general of city requirements as they apply to the proposed project;
2.
Review the city's approval and design review process;
3.
Identify the application or applications which the project applicant will need to file with the city in order to implement the project and to receive feedback on potential issues to be addressed;
4.
Identify the information and materials the city will require with the application, and any necessary technical studies and information relating to the environmental review of the project; and
5.
Clarify the timeline and necessary steps to achieve project entitlement:
a.
Provide a determination of application completeness, and a determination of which departments will need to review the project.
b.
Determine the applicability of exemptions, including ministerial permits, which may be applicable under the California Environmental Quality Act (CEQA).
c.
Provide written feedback to the applicant reflecting initial comments from the department heads of all affected city departments as quickly as possible but within a maximum of thirty days.
Neither the preapplication review nor the provision of information and/or pertinent policies shall be construed as either a recommendation for approval or denial of the application or project by any city staff. Any failure by city staff to identify all required studies or all applicable requirements does not constitute a waiver of those requirements. |
B.
Preapplication Neighborhood Meeting. Each discretionary project requiring a tentative map or with a scope of development greater than one acre shall require a preapplication neighborhood meeting in compliance with the following requirements, to provide the opportunity for early input by affected neighbors. While neighborhood consensus or agreement is the goal, it is not a required outcome of the neighborhood meetings.
1.
When preapplication neighborhood meetings are required:
a.
A development proposal that requires a tentative map, or is a discretionary project disturbing a site greater than one acre, that requires a public hearing, and that may affect a residential neighborhood, shall require one or more preapplication neighborhood meetings in compliance with this section.
b.
A preapplication neighborhood meeting may be required for a development proposal that otherwise would not require a meeting if: there is significant controversy regarding the proposal, interest has been expressed by the neighborhood regarding the proposal, or the director determines that a preapplication neighborhood meeting shall be held.
2.
When preapplication neighborhood meetings are not required:
a.
Preapplication neighborhood meetings are not required for nonresidential development proposals that are surrounded by nonresidential zoning districts and general plan land use categories, unless there is an effect on a residential neighborhood, regardless of whether a public hearing is required.
b.
Preapplication neighborhood meetings are not required for "ministerial" projects, including the issuance of building permits or other applications where the discretionary approval or permit has been granted.
c.
Preapplication neighborhood meetings are not required for urban agriculture land uses.
3.
Waiver of Meeting Requirement. The requirement for a preapplication neighborhood meeting may be waived in cases where the position of a neighborhood in favor of the proposal has been clearly established and/or recent contact with neighborhood representatives indicates that there is no interest in holding a meeting. In these cases, the director shall determine whether to waive the requirement for a preapplication neighborhood meeting.
4.
Timing of Preapplication Neighborhood Meeting.
a.
When required, a preapplication neighborhood meeting shall be held before submittal of the application for the development proposal, except as identified in subsection (B)(1)(b) of this section.
b.
If the neighborhood meeting is held after submittal of the application for development, the application shall not be deemed complete until after the neighborhood meeting has been held.
5.
Follow-Up Meeting Encouraged. When a neighborhood meeting has been held before submittal of the application, applicants are encouraged to hold one or more follow-up neighborhood meetings with interested citizens to explain project changes prior to public hearings on the project.
6.
Notification Required.
a.
A neighborhood meeting shall be noticed by mail to real property owners and occupants located in whole or in part within a minimum radius of five hundred feet from the exterior boundaries of the assessor's parcels that are the subject of the development proposal. The notice shall include the date, time, and place of the neighborhood meeting; the phone number and street address of the department, where an interested person may call or visit to obtain additional information; a description of the proposed project; and the location of the real property where the project is proposed.
b.
Additional notice may be required at the discretion of the director, including alternate methods and/or the use of a greater noticing radius for projects of particular interest, scale, or size.
7.
Staff Responsibilities at Meeting. City staff is required to attend the neighborhood meetings. The staff role is to identify and explain the city's development review process and the adopted land use policies, including provisions of the general plan and the zoning code as they relate to the development proposal under consideration. Staff may provide objective commentary on the proposal but is not expected to present a position or recommendation on the proposal at the neighborhood meeting. Staff shall also serve as moderator/facilitator and take meeting notes.
8.
Applicant Responsibilities at Meeting. The applicant or applicant's representative is required to attend the neighborhood meeting and present basic project information including the following:
a.
Site analysis, graphically depicting existing conditions and the neighborhood context;
b.
Conceptual site plan showing locations of all proposed structures, roads, parking areas, landscaping, and conceptual parcel lines with approximate dimensions;
c.
Conceptual building and architectural design information;
d.
Proposed density and/or purpose of the project and its target market.
9.
Independent Professional Staff Recommendation Required. Neighborhood or applicant comments and recommendations are not binding on staff. City staff will consider the neighborhood comments, as well as those of all referral agencies/organizations, but will formulate its own independent professional recommendation to the applicable review authorities.
C.
Application Contents. Each application for a permit, amendment, or other matter pertaining to this land use code shall be filed with the department on a city application form, together with required fees and/or deposits, and all other information and materials required by the city's list of required application contents, as provided by the director. Applicants are encouraged to contact the director before submitting an application to verify which materials are necessary for application filing.
D.
Eligibility for Filing. An application may only be filed by the owner of the site that is the subject of the application, or other person with the written consent of the property owner.
Table 6-1 Planning Permit Review Authority | |||||
|---|---|---|---|---|---|
Type of Decision | Applicable Land Use Code Section | Role of Review Authority(1) | |||
Design Review Admini-stration | Director | Planning Commission | City Council | ||
Administrative and Legislative | |||||
Interpretation | 17.12 | Decision(2) | Appeal | Appeal | |
Development Agreement | 17.66 | Recommend | Recommend | Decision | |
General Plan Amendment | Recommend | Recommend | Decision | ||
Specific Plan | Recommend | Recommend | Decision | ||
Zoning Map Amendment | Recommend | Recommend | Decision | ||
Land Use Code Amendment | Recommend | Recommend | Decision | ||
Planning Permit/Development Approval | |||||
Preapplication Conference | 17.60.040(A) | Feedback | |||
Zoning Clearance | 17.62.020 | Decision | Appeal | Appeal | |
Minor Use Permit (MUP) | 17.62.050 | Decision(2) | Appeal | Appeal | |
Use Permit (UP) | 17.62.050 | Recommend | Decision | Appeal | |
Minor Variance | 17.62.060 | Decision(2) | Appeal | Appeal | |
Variance | 17.62.060 | Recommend | Decision | Appeal | |
Design Review – Single-family dwelling or two-unit multifamily plex (duplex) structure | 17.62.040 | Decision | Appeal | Appeal | |
Design Review – All other projects | 17.62.040 | Recommend | Recommend | Decision | Appeal |
Limited Term Permit | 17.62.030 | Decision | Appeal | Appeal | |
Sign Permit or Master Sign Plan | 17.38.030 | Recommend | Decision | Appeal | Appeal |
Master Sign Plan | 17.38.030 | Recommend | Decision | Appeal | Appeal |
Tree Permit – Developed parcel | 17.54 | Decision | Appeal | Appeal | |
Tree Permit – Undeveloped parcel | 17.54 | Recommend | Recommend | Decision | Appeal |
Tree Permit – Native oak | 17.54 | Recommend | Recommend | Recommend | Decision |
Notes: |
|---|
(1) "Recommend" means that the review authority makes a recommendation to a higher decisionmaking body; "Decision" means that the review authority makes the final decision on the matter; "Appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier decisionmaking body, in compliance with Chapter 17.84 (Appeals). "Feedback" means that the director shall issue a letter addressing those issues outlined in subsection A of this section. |
(2) The director may defer action and refer the request to the commission, so that the commission may instead make the decision. |
(Ord. 927 § 21, 2024; Ord. 915 § 14, 2022; Ord. 895 § 2(A) Exh; 2 (part), 2020; Ord. 885 § 2 Exh; A (part), 2019; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.60.050 Indemnification.
A.
Indemnification Agreement Requirement. Each application for a planning permit shall include an agreement by the property owner or authorized applicant, that the property owner or authorized applicant, their successors and assigns, will defend, indemnify, and hold harmless the city and its agents, officers, attorneys, and employees from any claim, action, or proceeding (collectively referred to here as "proceeding") brought against the city or its agents, officers, attorneys or employees within the applicable statute of limitations to:
1.
Attack, set aside, void, or annul any action approving an application (including any action to provide environmental clearance in compliance with the California Environmental Quality Act (CEQA)), by city staff, any city planning or advisory agency, any city appeal board, or the city council; or
2.
Seek damages for property damage or personal injuries resulting from development authorized by the city pursuant to the application.
B.
Form and Content of Agreement. The indemnification agreement shall be in a form acceptable to the city attorney, and indemnification shall include:
1.
Damages, fees and/or costs awarded against the city, if any, and cost of suit, attorney's fees, and other damages, costs, liabilities and/or expenses incurred in connection with the application or any development authorized pursuant to the application, whether incurred by the applicant, the city, any party initiating or bringing the proceeding, and/or any other party; and
2.
A provision obligating the property owner or authorized applicant, their successors and assigns, to indemnify the city for all of the city's costs, fees, and damages that the city incurs in enforcing the indemnification provisions of this section and/or the agreement's indemnification provisions.
C.
Additional Indemnification Required. At the time of filing an application, the applicant shall agree as part of the application, that the applicant, their successors and assigns, will defend, indemnify and hold harmless the city, its agents, officers, employees and attorneys for all costs incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending any document (including an EIR, negative declaration, specific plan, or general plan amendment) if made necessary by the proceeding, and if the applicant desires to pursue securing the planning permit or approval and/or legislative act, after initiation of the proceeding, which is conditioned on the approval of the document.
D.
Indemnification Applicable if Applicant Fails or Refuses to Enter Into Agreement. Even if the applicant for a discretionary approval described in subsection A of this section fails or refuses to enter into the agreement specified in subsections A, B, and C of this section, that the applicant, or the owner of the site if different from the applicant, their successors and assigns, whether in whole or in part, shall, as a condition to any of the approvals specified in this chapter:
1.
Defend, indemnify and hold harmless the city and its agents, officers, attorneys and employees from any claim, action, or proceeding (collectively referred to as "proceeding") brought against the city or its agents, officers, attorneys or employees to attack, set aside, void, or annul the Council's (or commission's) decision to approve any development or planning permit, license, approval or authorization, or general plan amendment, zoning amendment, approvals and certifications under CEQA and/or any mitigation monitoring program, but excluding any subdivision approval governed by Government Code Section 66474.9. This indemnification shall include damages, fees and/or costs awarded against the city, if any, and cost of suit, attorneys' fees, and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by applicant, the city, and/or the parties initiating or bringing the proceeding;
2.
Defend, indemnify and hold harmless the city, its agents, officers, employees and attorneys for all costs incurred in additional investigation and/or study of, or for supplementing, preparing, redrafting, revising, or amending any document (e.g., a negative declaration, EIR, specific plan or general plan amendment), if made necessary by the proceeding and if applicant desires to pursue securing these approvals, after initiation of such proceeding, which are conditioned on the approval of such documents; and
3.
Indemnify the city for all the city's costs, fees, and damages which the city incurs in enforcing the indemnification provisions set forth in this section.
E.
City Notice if Proceeding Filed. In the event that a proceeding described in subsection A of this section is brought against and served on the city, the city shall promptly notify the owner and the authorized applicant of the existence of the proceeding and the city will cooperate fully in the defense of the proceeding. Nothing in this section shall prohibit the city from participating in the defense of any proceeding.
F.
City Reservation of Rights. In the event that the owner or authorized applicant is required to defend the city in connection with any action proceeding described in this section, the city shall retain the right to approve:
1.
The counsel to defend the city;
2.
All significant decisions concerning the manner in which the defense is conducted; and
3.
Any and all settlements, which approval shall not be unreasonably withheld.
The city shall also have the right not to participate in the defense, except that the city agrees to cooperate with the applicant in the defense of the proceeding. If the city chooses to have counsel of its own defend any proceeding where the applicant has already retained counsel to defend the city in such matters, the fees and expenses of the counsel selected by the city shall be paid by the city. Notwithstanding the above, if the city attorney's office participates in the defense, all city attorney fees and costs shall be paid by the applicant.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.60.060 Application fees.
A.
Fees for Application Processing. Each applicant for a planning permit processed in compliance with this chapter shall be required to pay all costs incurred by the city for the processing of each application. The council shall establish a schedule of fees for the processing of the applications required by this land use code, hereafter referred to as the city's fee schedule.
B.
Multiple Applications. The fees required by the city's fee schedule to initiate application processing are cumulative. For example, if a proposed project requires the approval of both a use permit and a variance, the fee for both applications will be required.
C.
Timing of Payment. No application shall be deemed complete, and processing shall not commence on any application until all required fees have been paid.
D.
Refunds and Withdrawals. The required application fees and charges for processing cover city costs for public hearings, mailings, staff and consultant time, and other costs incurred in the processing of applications. Therefore, no refund due to a disapproval at the conclusion of the process shall be allowed. However, any excess deposits shall be returned, and in the case of a withdrawal, the director may authorize a partial refund based upon the prorated costs to-date and the status of the application at the time of withdrawal.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.60.070 Initial application review.
A.
Review for Completeness. The director shall review each application for completeness and accuracy before it is accepted as being complete and officially filed. The director's determination of completeness shall be based on the city's list of required application contents (see Section 17.60.040(C) of this chapter), and any additional instructions provided to the applicant in any preapplication conference.
1.
Notification of Applicant. As required by Government Code Section 65943, within thirty calendar days of application filing, the applicant shall be informed in writing, either that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the director's letter, must be provided.
2.
Appeal of Determination. Where the director has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the director is not required, the applicant may appeal the determination in compliance with Chapter 17.84 (Appeals) of this title.
3.
Time for Submittal of Additional Information. When an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness shall occur. The time available to an applicant for submittal of additional information is limited by subsection (A)(4) of this section.
4.
Expiration of Application. If an applicant fails to provide the additional information specified in the director's letter within six months after the first filing with the department, the application shall expire and be deemed withdrawn. The director may grant one six-month extension if requested in writing by the applicant prior to the date of expiration. After the expiration of an application, project approval shall require the submittal of a new, complete application, together with all required deposits and/or fees.
B.
Referral. At the discretion of the director, or where otherwise required by this land use code or state or federal law, an application may be referred to any public agency that may be affected by or have an interest in the proposed project.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.60.080 Environmental review.
A.
After acceptance of a complete application, the project shall be reviewed as required by the California Environmental Quality Act (CEQA), to determine whether the project is exempt from the requirements of CEQA or is not a project as defined by CEQA, whether a negative declaration may be issued, or whether an environmental impact report (EIR) shall be required.
B.
All city actions regarding initial studies, negative declarations, environmental impact reports, and all other matters subject to CEQA shall comply with all applicable requirements of CEQA.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.60.090 Staff evaluation and report.
A.
Staff Evaluation. The director shall review all discretionary applications filed in compliance with this article to determine whether they comply and are consistent with the provisions of this land use code, other applicable provisions of the municipal code, the general plan, and any applicable specific plan.
B.
Staff Report. The director shall provide a written recommendation to the commission and/or council (as applicable) on whether the application should be approved, approved subject to conditions, or denied.
C.
Report Distribution. Each staff report shall be furnished to the applicant at the same time as it is provided to applicable review authority prior to a hearing on the application.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.62.010 Purpose.
A.
Permit Review Procedures. This chapter provides procedures for the final review, and approval or disapproval of the planning permit applications established by this land use code.
B.
Subdivision Review Procedures. Procedures and standards for the review and approval of subdivision maps are found in Article 7 (Subdivisions) of this title.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.62.020 Zoning clearance.
A.
Purpose. Zoning clearance is the procedure used by the city to verify that a proposed structure or land use is allowed in the applicable zoning district, and that the project complies with all applicable requirements of this land use code.
B.
Applicability. Where Article 2 (Community and Project Design) of this title or other provision of this land use code requires a zoning clearance as a prerequisite to establishing a land use, the zoning clearance shall be required at the time of department review of any building, grading, or other construction permit, or other authorization required by this land use code for the proposed use.
C.
Review and Approval. The director shall issue the zoning clearance after determining that the request complies with all land use code provisions applicable to the proposed use. An approval may be in the form of a stamp, city staff signature, or other official notation on approved plans, a letter to the applicant, or other certification, at the discretion of the director.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.62.030 Limited term permit.
A.
Purpose. This section establishes procedures for the granting of limited term permits for short-term activities.
B.
Applicability. A limited term permit allows the short-term activities listed in subsection E of this section, that may not comply with the normal development or use standards of the applicable zoning district, but may otherwise be acceptable because of their temporary nature. This section does not apply to weekly or otherwise frequently recurring farmers markets, which are instead subject to use permit approval as required by Section 17.22.020, Tables 2-2 and 2-3 (Allowable Land Uses).
C.
Review Authority. A limited term permit may be approved or denied by the director, in compliance with this section.
D.
Exempt Temporary Uses and Activities. The following temporary uses and activities are allowed without obtaining a limited term permit. Temporary activities that do not fall within the following categories shall comply with subsection E of this section:
1.
Emergency Facilities. Temporary facilities to accommodate emergency public health and safety needs and activities;
2.
Garage Sales. Garage sales, not to exceed three per year, and two consecutive days for each sale;
3.
Public Property, or Public Right-of-Way. Activities conducted on public property that are approved by the council or as otherwise required by the municipal code;
4.
Fund-Raising Car Washes. Fund-raising car washes, not to exceed six per year, on property within a commercial or industrial zone, or on institutional property;
5.
Tents and Similar Temporary Structures. A tent or similar temporary structure; provided, that it is located on a site for a maximum of seventy-two consecutive hours, by the end of which it shall be entirely removed from the site. No site shall have a tent or similar temporary structure more than two times per year.
E.
Temporary Uses Allowed with a Limited Term Permit. A limited term permit may authorize the following temporary activities within the specified time limits, but in no event for more than twelve months. Other temporary or short-term activities that do not fall within the categories defined below shall instead comply with the planning permit requirements and development standards that otherwise apply to the property.
1.
Events. Arts and crafts exhibits, carnivals, circuses, concerts, fairs, festivals, flea markets, food events, outdoor entertainment/sporting events, rodeos, rummage and second hand sales, and swap meets for up to seven consecutive days, or six three-day weekends, within a twelve-month period, allowed only on property within the CE, CG, CD, SPD, CI, IG, and PF zoning districts.
2.
Location Filming. The temporary use of a specific site for the location filming of commercials, movies, videos, etc., for the time specified by the director, but not to exceed twelve months.
3.
Model Homes and Temporary Real Estate Sales Offices. One or more model homes within a subdivision, including a temporary real estate sales office, may be authorized prior to the completion of a multifamily residential project and/or residential subdivision in compliance with the following standards:
a.
A paved, off-street parking lot with two spaces per model home unit, handicapped parking in compliance with Section 17.36.060 (Disabled/handicapped parking requirements) of this title, and landscaping shall be provided. The review authority may allow the use of on-street parking in lieu of a parking lot where it is demonstrated that two spaces per model home can be accommodated immediately in front of the model home; no parking spaces will be located in front of an occupied residence; and handicapped accessibility to the sales office in compliance with Section 17.36.060 of this title will be maintained.
b.
Individual utility connections shall be provided to each model home.
c.
The sales office, any structure not incompliance with applicable setback requirements, and any off-street parking shall be converted back to residential use and/or removed prior to the issuance of the certificate of occupancy or within fourteen days from the sale of the last lot in the subdivision, whichever occurs first.
d.
Landscape and irrigation plans shall be reviewed as part of the limited term permit, and all model home landscaping shall comply with Chapter 17.34 (Landscaping Standards) of this title. No irrigation shall cross a property line.
e.
The model home or temporary real estate office shall be used only to sell units within the subdivision within which model home is located.
f.
All required permits (e.g., tentative map, hillside development permit, grading permit, etc.) shall be secured prior to commencing any work.
4.
Seasonal Sales Lots. Seasonal sales activities (e.g., Halloween, Thanksgiving, Christmas, etc.) including temporary residence/security trailers, on nonresidential properties, for up to thirty-five days.
5.
Similar Temporary Activities. A temporary activity that the review authority determines is similar to the other activities listed in this subsection, and compatible with the applicable zoning district and surrounding land uses.
F.
Development Standards. The review authority shall establish the following standards based on the type of temporary use, using the requirements of the applicable zoning district and Articles 2 and 3 for guidance:
1.
Access, floor areas, heights, landscaping, off-street parking, setbacks, signs, utilities, and other structure and property development improvements and features;
2.
Measures for removal of the activity and site restoration, to ensure that changes to the site do not limit the range of possible future land uses otherwise allowed by this land use code; and
3.
Limitation on the duration of approved "temporary structures," to a maximum of one year, so that they shall not become permanent or long-term structures.
G.
Application Filing and Processing. An application for a limited term permit shall be filed and processed in compliance with Chapter 17.60 (Permit Application Filing and Processing) of this title. It is the responsibility of the applicant to establish evidence in support of the findings required by subsection I of this chapter.
H.
Project Review, Notice and Hearing. Each application shall be reviewed by the director to ensure that the proposal complies with all applicable requirements of this land use code.
1.
Public Notice. Prior to a decision on a limited term permit, the city shall provide notice of a public hearing in compliance with Chapter 17.88 (Public Hearings) of this title. The notice shall state that the director will decide whether to approve or deny the limited term permit application 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.
I.
Findings and Decision. A limited term permit may be approved only after the review authority first finds that the requested activity complies with the development standards in subsection F of this section, and therefore, that the establishment, maintenance, or operation of the temporary activity would not be detrimental to the public health, safety, or welfare of persons residing or working in the neighborhood of the proposed activity.
J.
Post Approval Procedures. The procedures and requirements in Chapter 17.64, Permit Implementation, Time Limits, and Extensions, and those related to appeals in Chapter 17.84, Appeals, shall apply following the decision on a limited term permit application.
1.
Condition of the Site Following Temporary Activity. Each site occupied by a temporary activity shall be cleaned of debris, litter, and other evidence of the temporary activity on completion or removal of the activity, and shall thereafter be used in compliance with the provisions of this land use code.
2.
Performance Security for Temporary Structures. Prior to issuance of a limited term permit the applicant shall provide performance security in a form and amount acceptable to the review authority to guarantee removal of all temporary structures, cleanup and restoration of the site within thirty days following the expiration of the limited term permit.
(Ord. 915 § 12, 2022; Ord. 823 § 2(C) Exh; C (part), 2009; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.62.040 Design review.
A.
Purpose. Design review is intended to:
1.
Ensure that the design of proposed development assists in maintaining and enhancing the city's small-town character;
2.
Ensure that new structures enhance their sites and are compatible with the highest standards of improvement in the surrounding neighborhood;
3.
Retain and strengthen the visual quality and attractive character of the community;
4.
Ensure that new structures and site planning promote energy conservation;
5.
Ensure that proposed landscaping emphasizes native species;
6.
Ensure that site planning contributes to an efficient and interconnected system of streets and pedestrian ways throughout the community;
7.
Assist project developers in understanding the city's concerns for the aesthetics of development; and
8.
Ensure that development complies with all applicable city standards and guidelines, and does not adversely affect community aesthetics or natural resources.
B.
Applicability. Design review approval shall be required for each project requiring the approval of a building permit, subdivision map, and/or a planning permit, that involves construction, alteration of site or landscaping design, or other similar action affecting the functional or aesthetic qualities of land or structures, except that design review shall not be required for the following:
1.
A project or action determined by the commission or council to be properly exempt from design review; and
2.
A subdivision map or lot line adjustment that creates four or fewer parcels.
A subdivision of five or more parcels shall require design review for each parcel, including the review of each proposed structure, which shall be conducted for all parcels in the subdivision at the same time. This design review may follow subdivision approval, but shall occur for all parcels prior to the issuance of the first building permit for construction on any parcel within the subdivision.
C.
Review Authority. The director shall have the authority for design review for a single-family dwelling or a two-unit multifamily plex structure (duplex) on one lot, that is not being constructed in conjunction with three or more dwellings in the same subdivision by the same applicant or developer. Design review for all other projects shall be by the commission, based on a recommendation from design review administration, or as necessary by the director, for project approval, approval with modifications, or denial.
D.
Application Filing and Processing. An application shall be prepared, filed, and processed in compliance with Chapter 17.60 (Permit Application Filing and Processing). It is the responsibility of the applicant to provide evidence in support of the findings required by subsection G of this section. An application for design review shall be filed with the city prior to, or at the same time as, the application for any other planning permit or subdivision approval required by the city for the project.
E.
Design Review Procedure. When design review is required by this section, preliminary and final design review shall be obtained as follows, prior to the issuance of a building permit:
1.
Preliminary Design Review.
a.
When Required. Preliminary design review is required for each proposed project as provided by subsection B of this section, except for one single-family dwelling or a two-unit multifamily plex structure (duplex) on an individual parcel not being constructed in conjunction with three or more dwellings by the same developer in the same subdivision. (An applicant that is otherwise not required to have preliminary design review may choose to request preliminary design review.)
b.
Issues to Be Considered. Preliminary design review shall consider site planning and design, building architecture, landscaping, pedestrian and vehicle access and circulation, energy and resource conservation, solid waste, and other issues determined by the review authority to be related to site planning and building architecture. Residential development shall be subject to the standards of Chapter 17.39 (Objective Design Standards).
c.
Form of Review. Preliminary design review shall be in the form of a recommendation on the project by the design review administration to the commission.
2.
Final Design Review.
a.
When Required. Final design review is required for each proposed project as provided by subsection B of this section. Final design review shall be initiated by the applicant only after the completion of commission or council review of any required planning permit.
b.
Issues to Be Considered. Final design review shall consider detailed landscaping and irrigation plans, outdoor lighting, exterior materials and colors, exterior site furniture, proposed signs, trash enclosures, and other topics of concern determined by the review authority to be related to those issues. Residential development shall be subject to the standards of Chapter 17.39 (Objective Design Standards).
3.
Effect of Approval. A proposed project shall be developed exactly as shown in the plans that were granted design review approval, unless modifications are processed in the same manner as the original approval. The director may permit minor technical modifications that do not affect the overall design or intent, in compliance with Section 17.64.090 (Changes to an approved project).
4.
Final Approval Authority. The commission shall have final approval authority, and may refer any aspect of their design review to the design review administration for its recommendation.
F.
Project Review Criteria. The review authority shall evaluate each proposed project to ensure that the project:
1.
Complies with this section;
3.
For nonresidential projects or nonresidential portions of mixed use projects:
a.
Provides architectural design, building massing and scale appropriate to and compatible with the site surroundings and the community;
b.
Provides attractive and desirable site layout and design, including building arrangement, exterior appearance and setbacks, drainage, fences and walls, grading, landscaping, lighting, signs, etc.;
c.
Provides efficient, safe, and visually attractive public access, circulation and parking;
d.
Provides appropriate open space and landscaping, including the use of water efficient landscaping, and native plants where appropriate;
e.
Addresses site planning design considerations related to city services, traffic flows and patterns, and environmental conditions in a manner that ensures maximum aesthetic cohesiveness;
f.
Is consistent with the general plan and applicable specific plans; and
g.
Complies with any applicable city design guidelines, design standards, and/or design review policies.
G.
Findings and Decision. The review authority shall approve or deny an application for design review approval concurrently with the approval or disapproval of any other planning permit required for the project. Design review approval shall require that the review authority first find that the project, as proposed or with changes resulting from the review process and/or conditions of approval, will comply with all project review criteria in subsection F of this section.
(Ord. 927 § 22, 2024; Ord. 895 § 2(A) Exh; 2 (part), 2020; Ord. 885 § 2 Exh; A (part), 2019; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.62.050 Use permit and minor use permit.
A.
Purpose. The use permit and minor use permit provide a process for reviewing proposed uses and activities that may be appropriate in the applicable zoning district, but whose effects on site and surroundings and, therefore, the appropriateness of the use or activity to the site or surroundings cannot be determined before a proposal is submitted for a specific site.
B.
Applicability. A use permit or minor use permit is required to authorize a proposed land use identified by Article 2 (Community and Project Design) as being allowable in the applicable zoning district subject to the approval of a use permit or minor use permit. Minor use permit approval may be considered only for a project that is exempt from the California Environmental Quality Act (CEQA). A project that is required by Article 2 to have minor use permit approval, but is not exempt from CEQA, shall instead require a use permit.
C.
Review Authority. A use permit shall be approved or denied by the commission; a minor use permit shall be approved or denied by the director, provided that the director may choose to refer any minor use permit application to the commission for hearing and decision in the same manner as a use permit.
D.
Application Filing and Processing. An application for a use permit or minor use permit shall be completed, filed and processed in compliance with Chapter 17.60 (Permit Application Filing and Processing) of this title. It is the responsibility of the applicant to provide evidence in support of the findings required by subsection F of this section.
E.
Project Review, Notice and Hearing. Each application shall be reviewed by the director to ensure that the proposal complies with all applicable requirements of this land use code.
F.
Findings and Decision. The review authority may approve or deny an application for use permit or minor use permit approval. The review authority shall record the decision and the findings on which the decision is based. The review authority may approve a use permit or minor use permit only after first finding all of the following:
1.
The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this land use code and the municipal code;
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 use being proposed, including access, utilities, and the absence of physical constraints; and
5.
Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located.
G.
Conditions of Approval. In approving a use permit or minor use permit, the review authority may impose any reasonable conditions to ensure that the approval will comply with the findings required by subsection F of this section.
H.
Post Approval Procedures. The procedures and requirements in Chapter 17.64 (Permit Implementation, Time Limits, and Extensions) of this title, and those related to appeals in Chapter 17.84 (Appeals) of this title, shall apply following the decision on an application for use permit or minor use permit approval.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.62.060 Variance and minor variance.
A.
Purpose. The variance and minor variance provide a process for city consideration of requests to waive or modify certain standards of this land use code when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other physical features, the strict application of the development standards otherwise applicable to the property denies the property owner privileges enjoyed by other property owners in the vicinity and in the same zoning district.
B.
Applicability. A variance or minor variance may be granted to waive or modify any requirement of this land use code except: allowed land uses; residential density; specific prohibitions (for example, prohibited signs), or procedural requirements.
C.
Review Authority. A variance shall be approved or denied by the commission. The director may approve a minor variance to grant relief from any of the following requirements of this land use code, up to a maximum reduction of ten percent:
D.
Application Filing and Processing. An application for a variance or minor variance shall be completed, filed, and processed in compliance with Chapter 17.60 (Permit Application Filing and Processing) of this title. It is the responsibility of the applicant to provide evidence in support of the findings required by subsection F of this section.
E.
Project Review, Notice and Hearing. Each application shall be reviewed by the director to ensure that the proposal complies with this section, and other applicable requirements of this land use code.
1.
Variance. The commission shall conduct a public hearing on an application for a variance prior to a decision on the application. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.88 (Public Hearings) of this title.
2.
Minor Variance. The director may approve or deny a minor variance without a public hearing, or may choose to refer any minor variance application to the commission for a hearing and decision in the same manner as provided for a variance by subsection (E)(1) of this section.
a.
Public Notice. The notice shall state that the director will decide whether to approve or deny the minor variance application on the 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.
F.
Findings and Decision. The review authority may approve or deny an application for a variance or minor variance. The review authority shall record the decision and the findings on which the decision is based.
1.
General Findings. The review authority may approve a variance or administrative variance only after first making all of the following findings:
a.
There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, so that the strict application of this land use code deprives the property of privileges enjoyed by other property in the vicinity and within the same zoning district;
b.
The approval of the variance or administrative variance includes conditions of approval as necessary to ensure that the adjustment granted does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and within the same zoning district; and
c.
The variance or administrative variance is consistent with the general plan, and any applicable specific plan.
G.
Conditions of Approval. In approving a variance or minor variance, the review authority:
1.
Shall impose conditions to ensure that the approval does not grant special privileges inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is located; and
H.
Post Approval Procedures. The procedures and requirements in Chapter 17.64 (Permit Implementation, Time Limits, and Extensions) of this title, and those related to appeals in Chapter 17.84 (Appeals) of this title, shall apply following the decision on an application for a variance or minor variance.
(Ord. 854 § 2 (part), 2015; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.64.010 Purpose.
This chapter provides requirements for the implementation or "exercising" of the permits required by this land use code, including time limits and procedures for granting extensions of time.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.64.020 Effective date of permits.
A use permit, minor use permit, variance, minor variance, design review, hillside development permit, or tree removal permit approval shall become effective on the eleventh day following the date of application approval by the review authority, provided that no appeal has been filed in compliance with Chapter 17.84 (Appeals) of this title.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.64.030 Effect of permit approval.
Development or a new land use authorized through a planning permit granted in compliance with this land use code shall be established only as approved by the review authority, and in compliance with all conditions of approval, except where a change to the project is approved in compliance with Section 17.64.090 (Changes to an approved project) of this chapter.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.64.040 Effect of permit denial.
If a planning permit application is either denied by the review authority without appeal, or is denied by an appeal body, no new application for the same or substantially similar proposal shall be filed with the city for at least twelve months from the date of the final decision denying the application or proposal.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.64.050 Applications deemed approved.
A planning permit application deemed approved in compliance with state law (Government Code Section 65956) shall be subject to all applicable provisions of this land use code, which shall be satisfied by the applicant before a building permit is issued or a land use not requiring a building permit is established.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.64.060 Permits to run with the land.
A use permit, minor use permit, variance, minor variance, hillside development permit, or design review approval that is granted in compliance with Chapter 17.62 (Permit Review and Decisions) of this title shall be deemed to run with the land through any change of ownership of the subject site, from the effective date of the permit, except in any case where a permit expires and becomes void in compliance with Section 17.64.080 (Permit time limits, extensions, and expiration) of this chapter. All applicable conditions of approval shall continue to apply after a change in property ownership.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.64.070 Performance guarantees.
A.
As a condition of approval of a use permit, minor use permit, variance, minor variance, hillside development permit, or design review, upon a finding that the city's health, safety and welfare warrant, the review authority may require the execution of a covenant to deposit security, and the deposit of security in a reasonable amount to ensure the faithful performance of one or more of the conditions of approval in the event that the permittee fails to perform. The security shall, as required by law or otherwise at the option of the city, be in the form of cash, a certified or cashier's check, a faithful performance bond, or other security acceptable to the city, executed by the applicant and a corporate surety authorized to do business in California. The security shall remain in effect until all of the secured conditions have been performed to the satisfaction of the director.
B.
Security required in compliance with this section shall be payable to the city.
C.
Upon satisfaction of all applicable provisions of this section, the security deposit will be released. However, upon failure to perform any secured condition, the city may perform the condition, or cause it to be done, and may collect from the permittee, and surety in case of a bond, all cost incurred, including engineering, legal, administrative, and inspection costs.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.64.080 Permit time limits, extensions, and expiration.
A.
Time Limits.
1.
Unless a condition of approval or other provision of this land use code establishes a different time limit, any permit or approval not exercised within two years of approval shall expire and become void, except where an extension of time is approved in compliance with subsection B of this section.
2.
The permit shall not be deemed "exercised" until the permittee has substantially commenced the approved activity or has actually commenced the allowed use on the site in compliance with the conditions of approval.
3.
After it has been exercised, a planning permit shall remain valid and run with the land in compliance with Section 17.64.060 of this chapter, as long as a building permit is active for the project, the applicant has complied with all applicable conditions of approval, and after a final building inspection or certificate of occupancy has been granted.
4.
If a project is to be developed in approved phases, each subsequent phase shall be exercised within two years from the date that the previous phase was exercised, unless otherwise specified in the permit, or the permit shall expire and be void in compliance with subsection C of this section, except where an extension of time is approved in compliance with subsection B of this section. If the project also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the permit shall be exercised before the expiration of the tentative map, or the permit shall expire and be void.
B.
Extensions of Time. Upon written request by the applicant, the original review authority for the planning permit may extend the time for the permit to be exercised.
1.
Filing and Review of Request.
a.
Time for Filing. The applicant shall file a written request for an extension of time with the director before the expiration of the permit, together with the filing fee required by the city's fee schedule. Upon the timely filing of an extension request, permit expiration shall not occur until action by the city on the extension.
b.
Evidence to be Provided. The review authority shall determine whether the applicant has made a good faith effort to exercise the permit. The burden of proof is on the applicant to establish, with substantial evidence, that circumstances beyond the control of the applicant have prevented exercising the permit.
2.
Action on Extension Request. A permit may be extended by the review authority for no more than two additional one-year periods beyond the expiration of the original approval, provided that the review authority first finds that there have been no changes in the conditions or circumstances of the site or project such that there would have been grounds for denial of the original project. The decision of the review authority on a time extension may be appealed in compliance with Chapter 17.84 (Appeals) of this title.
C.
Effect of Expiration. After the expiration of a planning permit in compliance with subsection (A)(1) of this section, no further work shall be done on the site until a new planning permit and any required building permit or other city permits are first obtained.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.64.090 Changes to an approved project.
Development or a new land use authorized through a planning permit granted in compliance with this land use code shall be established only as approved by the review authority, and in compliance with all conditions of approval, except where a change to the project is approved as follows:
A.
Application. An applicant shall request a desired change in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request.
B.
Public Hearing. If the original project approval required public notice and a hearing, public notice shall be provided, and the review authority shall conduct a public hearing on the requested changes in compliance with Chapter 17.88 (Public Hearings) of this title.
C.
Changes Approved by Director. The director may authorize one or more changes to an approved site plan, architecture, landscape plan, parking layout, or the nature of the approved land use where the director first finds that each change:
1.
Is consistent with all applicable provisions of this land use code;
2.
Does not involve a feature of the project that was a basis for findings in a negative declaration or environmental impact report for the project;
3.
Does not involve a feature of the project that was specifically addressed or was a basis for conditions of approval for the project or that was a specific consideration by the review authority (e.g., the director, commission, or council) in the project approval;
4.
Is minor and will not affect the aesthetics of the project; and
5.
Does not result in an expansion of the land use.
The director may choose to refer any requested change to the original review authority for review and final action.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.66.010 Purpose.
This chapter establishes procedures and requirements for the review and approval of development agreements, in compliance with Government Code Section 65864, et seq.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.66.020 Application requirements.
A.
Qualification as an Applicant. Only a person who has legal or equitable interest in the real property that is the subject of a proposed development agreement, or their authorized agent, may apply to the city for the approval of a development agreement. The director 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. Before processing the application, the director shall obtain the opinion of the city attorney as to the sufficiency of the applicant's interest in the real property to enter into the agreement.
B.
Application Contents.
1.
Forms and Information. The city manager shall prescribe the form for application, notice and documents provided for or required under this chapter for the preparation and implementation of a development agreement. The city manager may require an applicant to submit information and supporting data as the city manager considers necessary to process the application.
2.
Proposed Form of Agreement. Each application shall be accompanied by a draft development agreement in the form required by the city.
3.
Fee. Each application for a development agreement shall include the processing fee deposit established by the council's fee resolution.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.66.030 Notices and hearing.
A.
Notice of Intention. The director shall give notice of intention to consider adoption of a development agreement in addition to any other notice required by this land use code for other actions to be considered concurrently with the development agreement. The notice shall be given in the same manner as other public hearing notices, in compliance with Section 17.88.020 (Notice of hearing) of this title.
B.
Public Hearings. The commission shall conduct at least one public hearing on a proposed development agreement prior to making a recommendation to the council on the agreement, and the council shall conduct at least one hearing prior to a decision on the application. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.88 (Public Hearings) of this title. The failure to receive notice by any person entitled to notice by law or this zoning ordinance does not affect the authority of the city to enter into a development agreement.
C.
Irregularity in Proceedings. No action, inaction or recommendation regarding a proposed development agreement shall be held void or invalid or be set aside by a court by reason of any error, irregularity, informality, neglect or omission (error) as to any matter pertaining to petition, application, notice, finding, record, hearing, report, recommendation, or any matters of procedure whatever unless after an examination of the entire case, including the evidence, the court is of the opinion that the error complained of was prejudicial and that by reason of the error the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed. There is no presumption that error is prejudicial or that injury was done if error is shown.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.66.040 Standards of review, findings, and decision.
A.
Commission Recommendation. After a hearing, the commission shall make its recommendation in writing to the council. The recommendation shall include the commission's determination, and reasons for the determination, as to whether the proposed 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.
Is compatible with the uses authorized in, and the regulations prescribed for, the zoning district where the site is located;
3.
Is in conformity with public convenience, general welfare and good land use practice;
4.
Will not be detrimental to the health, safety and general welfare;
5.
Will not adversely affect the orderly development of property or the preservation of property values.
B.
Adverse Decision by Commission. If the commission recommends against adoption of the development agreement, the council shall not be required to take further action unless an interested party requests a hearing by filing a written request with the clerk of the council within five days after the commission recommendation is filed with the council. Notice of the hearing shall be given in compliance with Section 17.88.020 of this title.
C.
Decision by Council.
1.
After the council completes its public hearing, it may approve, approve subject to conditions, or deny the development agreement. It may, but need not, refer matters not previously considered by the commission during its hearing back to the commission for report and recommendation. The commission may, but need not, hold a public hearing on matters referred back to it by the council.
2.
The council shall not approve the development agreement unless it finds that the provisions of the agreement are consistent with the general plan and any applicable specific plan.
D.
Approval of Development Agreement. Council approval of a development agreement shall be by the adoption of an ordinance. The council may enter into the agreement after the ordinance approving the development agreement takes effect.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.66.050 Amendment or cancellation.
A.
Initiation of Amendment or Cancellation. Either party may propose an amendment to or cancellation of an effective development agreement, in whole or in part.
B.
Procedure. The procedure for proposing and adopting an amendment to, or cancellation in whole or in part of a development agreement shall be the same as the procedure for entering into an agreement as provided by this chapter, except as otherwise provided in the development agreement.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.66.060 Recordation.
A.
Within ten days after the city enters into the development agreement, the city clerk shall have the agreement recorded with the county recorder.
B.
If the parties to the agreement or their successors in interest amend or cancel the agreement, or if the city terminates or modifies the agreement for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the city clerk shall have notice of the action recorded with the county recorder.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.66.070 Periodic review.
A.
Review Required. Every development agreement approved and executed in compliance with this section shall be subject to annual city review, during the full term of the agreement. Appropriate fees to cover the City's costs to conduct the periodic reviews shall be collected from the applicant.
B.
Purpose of Review. The purpose of the periodic review shall be to determine whether the applicant or its successor-in-interest has complied in good faith with the terms of the development agreement. The burden of proof shall be on the applicant or its successor to demonstrate compliance to the full satisfaction of, and in a manner prescribed by, the city.
C.
Initiation of Review. The applicant shall contact the director to initiate the required periodic review no later than sixty days prior to the expiration of each twelve-month period after the execution of the development agreement.
D.
Action Based on Noncompliance. If, as a result of periodic review the council finds and determines, on the basis of substantial evidence, that the applicant or its successor-in-interest has not complied in good faith with the terms or conditions of the agreement, the council may order, after a noticed public hearing, that the agreement be terminated or modified.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.66.080 Modification or termination.
A.
Proceedings Upon Modification or Termination. If, upon a finding under Section 17.66.070(E) of this chapter, the city determines to proceed with modification or termination of the agreement, the city shall give notice to the property owner of its intention to do so. The notice shall contain:
B.
Hearing on Modification or Termination. At the time and place set for the hearing on modification or termination, the property owner shall be given an opportunity to be heard. The council may impose those conditions to the action it takes as it considers necessary to protect the interests of the city. The decision of the council is final.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.68.010 Purpose.
A request for reasonable accommodation may be made by any person with a disability, his or her representative or any entity, when the application of a zoning law, building regulation, or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. The process for addressing reasonable accommodation requests established by this chapter applies to requests from persons defined as disabled under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts).
A request for reasonable accommodation may include a modification or exception to the permit requirements, standards, and practices for the siting, development, improvement, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. Requests for reasonable accommodation shall be made in the manner prescribed in Section 17.68.020 and Chapter 17.60.
(Ord. 854 § 2 (part), 2015)
§ 17.68.020 Request requirements.
A.
Requests for reasonable accommodation shall include the following information:
1.
The applicant's name, address, and telephone number.
2.
Address of the property for which the request is being made.
3.
The current actual use of the property.
4.
The basis for the claim that the individual is considered disabled under the Acts.
5.
The municipal code provision, land use code provision, or other regulation or policy from which reasonable accommodation is being requested.
6.
A description of why the reasonable accommodation is necessary to make the specific property accessible to the individual.
B.
Additional Information. If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with the Acts, specifying in detail the information that is required. In the event that a request for additional information is made, the thirty-day period to issue a decision is stayed until the applicant responds to the request.
(Ord. 854 § 2 (part), 2015)
§ 17.68.030 Review authority.
A.
Community Development Director. Requests for reasonable accommodation shall be reviewed by the community development director (director), or his or her designee if no approval is sought other than the request for reasonable accommodation.
B.
Other Review Authority. Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application.
(Ord. 854 § 2 (part), 2015)
§ 17.68.040 Review procedure.
A.
Director Review. The director, or designee, shall make a written determination within thirty calendar days and either grant, grant with modifications, or deny a request for reasonable accommodation.
B.
Other Reviewing Authority. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the authority responsible for reviewing the discretionary land use application in compliance with the applicable review procedure for the discretionary review.
(Ord. 854 § 2 (part), 2015)
§ 17.68.050 Findings, decision, and conditions.
A.
Findings and Decision. The written decision to grant or deny a request for reasonable accommodation shall be consistent with the Acts and shall be based on consideration of the following factors:
1.
Whether the housing, which is the subject of the request, will be used by an individual with a disability protected under the Acts.
2.
Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.
3.
Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city.
4.
Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, including but not limited to land use, zoning or building regulation.
5.
Potential impact on surrounding uses.
6.
Physical attributes of the property and structures.
7.
Alternative reasonable accommodations which may provide an equivalent level of benefit.
B.
Conditions of Approval. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the above findings.
(Ord. 854 § 2 (part), 2015)