A. Discretionary Permits and Actions. Establish the overall structure for the review and action of discretionary permits and actions.

B. Responsible Approving Authority. Designate the responsible approving authority for the review of such permits and actions.

C. Application Process. Outline the application processing procedures for such permits and actions.

D. Noticing and Hearing Requirements. Establish the noticing and public hearing requirements for such permits and actions.

E. Time Limits and Implementation. Identify the time limits and implementation requirements of such permits and actions.

F. Permit Modification and Revocation. Outline the permit modification and revocation restrictions.

G. Appeals. Identify the procedures for filing and processing an appeal. (Ord. 690 § 4 (Exh. A), 2018).

A. Approving Authorities. The approving authority, as designated in Table 20.84-1, shall approve, conditionally approve, or deny applications based upon evidence presented by the applicant, by making the applicable findings required for a particular permit or approval in accordance with the requirements of this chapter and other laws and regulations. The table identifies review, recommending, final, and appeal authorities for each application. A final action of the approving authority may be appealed to the Appeal Authority, pursuant to procedures set forth in CMC 20.84.160.

B. Referral Authority. The director of community development may forward an application for a minor development review permit or other director action to the planning commission in order to set the matter for a hearing before the planning commission.

C. Authority for Environmental Review. The designated approving authority shall be the approving authority for environmental assessments, with the exception that any director-level permit or action that requires a negative declaration, mitigated negative declaration, or environmental impact report shall be heard by the planning commission.

A. Interior Alterations. Interior alterations that do not increase the gross floor area within the structure, or change or expand the permitted use of the structure.

B. Maintenance. Ordinary repairs and maintenance, if the work does not change the approved land use of the site, add to, enlarge, or expand the area occupied by the floor area of the structure or significantly change the exterior structure and design of the original construction.

C. Utilities. The erection, construction, alteration, or maintenance by a public utility or public agency of underground or overhead utilities intended to service existing or nearby approved developments (such as water, sewer, stormwater, gas, electric, telecommunication supply or solid waste disposal systems, including wires, mains, drains, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, and similar facilities and equipment), but not including new transmission lines and structures nor wireless communications facilities. (Ord. 690 § 4 (Exh. A), 2018).

A. Application Forms. The planning division will provide all application forms.

B. Application Submittal. All applications for land use and development permits and actions shall be submitted to the director of community development on a city application form, together with all fees, plans, maps, data, diagrams, photographs, and any other required information to provide the approving authority with adequate information on which to base decisions.

C. Appeals to City Council. Notwithstanding subsection (B) of this section, appeals to the city council shall be filed with the city clerk.

D. Authorized to Complete Application. The owner of the property, or an authorized agent, or a plaintiff in an action of eminent domain, shall complete the application. Any agent seeking to complete an application shall be formally authorized in writing by the property owner to do so. (Ord. 690 § 4 (Exh. A), 2018).

A. Application Reviewed for Completeness. All applications filed with the community development department shall be initially reviewed for application completeness. The director of community development or designee shall determine whether or not the application is complete and shall notify the applicant in writing of the determination that: (1) All the submittal requirements have been satisfied and that the application has been accepted as complete; or (2) specific information is still necessary to complete the application. For administrative permits and actions, the applicant shall be notified within seven days. For all other permits and actions, the applicant shall be notified within 30 calendar days of application filing, per Government Code Section 65943.

B. Applications Where Violations Occur. No application shall be deemed complete if a violation of this zoning code exists on the parcel, unless the acceptance of the application is necessary to abate the existing violation. If a violation of this zoning code is discovered after the application is deemed complete, the application shall be deemed incomplete and no further processing shall occur until the violation is abated, unless the processing of the application is necessary to abate the violation. This provision shall apply whether: (1) the current applicant was the owner of the subject property at the time the violation occurred; or (2) 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.

C. Termination of Incomplete Application. Upon written notification to the applicant, processing of an incomplete application may be terminated if no reasonable effort has been made by the applicant to complete the application for a period of six months from the date of notification of incompleteness. Notice of termination shall be provided to the applicant at least 30 days prior to termination. All unused fees shall be refunded to the applicant. An extension to this six-month period may be granted by the director of community development on written request by the applicant showing good cause. If terminated, a new application shall be filed, including required fees.

D. California Environmental Quality Act (CEQA). After acceptance of a complete application, the project shall be reviewed in accordance with the environmental review procedures of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.).

E. Review and Comment. Application materials shall be circulated to other city departments and agencies for review and comment as determined necessary or appropriate by the director of community development. Community development department staff shall be responsible for requesting and incorporating comments into project modifications or conditions of approval to ensure conformance with all provisions of this code and other adopted policies and plans.

F. Written Report. The reviewing or approving authority, as designated in Table 20.84-1, shall prepare a written report that includes recommendation on the approval, conditional approval, or disapproval of the application, taking into account all supplemental application information, provisions of this chapter, other applicable provisions of this code, the city’s general plan, and applicable state law.

G. Written Notice of Decision. Within 10 days from the final action on an application, the approving authority shall send written notice of decision to the project applicant and other affected parties. The notice of decision shall identify the specific action of the approving authority, including the date of action, applicable conditions, basis for determination, and appeal period if applicable. (Ord. 690 § 4 (Exh. A), 2018).

A. Public Notice. The approving authority shall give a public notice not less than 10 days before the scheduled date of a hearing for discretionary actions requiring a public hearing.

B. Notice Content. The notice shall be distributed both in English and Spanish and state the date, time, and place of the hearing; identify the hearing body; provide a general explanation of the matter to be considered; and provide a general description of the property (text or diagram), if any, which is the subject of the hearing.

C. Notice Distribution. Notice of the public hearing shall be mailed, postage prepaid, to all of the following:

D. Notice in Newspaper. Notice shall be published in at least one newspaper of general circulation in the city. If there is no newspaper of general circulation in the city, then notice shall be posted in not less than three public places in the city established by city ordinance.

E. Notice on Social Media Forums. Notice shall be published in a text form, nonvideo, on all city social media accounts active within the last 30 days of the date of publication.

F. Other Notices. This notice shall be given in addition to any other notice required by law for other actions that are to be considered concurrently with an application or proposed project. This notice may be consolidated with any other notice required for other actions being considered concurrently with the action on the application or proposed project.

G. Mailing List. Any person who requests inclusion on a mailing list for notice of hearing for development projects shall submit such request in writing to the city clerk. The city may impose a reasonable fee for the purpose of recovering the cost of such notification.

H. Failure to Receive Notice. Pursuant to California Government Code Section 65093, failure of any person or entity to receive notice required by law of any hearing shall not constitute grounds for any court to invalidate the actions of a designated approving authority for which the notice was given.

I. Special Noticing for Temporary Uses. Upon receipt of a complete application for approval of a temporary carnival, circus, fair, or similar event, the director of community development shall mail notice to the recorded owners and all tenants of property located within 300 feet of the development. The notice shall be distributed in both English and Spanish and contain all of the following:

A. Public Hearings Held. Public hearings shall be held at the date, time, and place that appear on the notice given for the hearing. The designated approving authority shall conduct the public hearing and allow testimony to be given.

B. Minutes. Summary minutes shall be prepared and made part of the permanent file of the case.

C. Continuation. Any hearing may be continued, and further public notice shall not be required unless the hearing is not continued to a specific date and time, in which case new notice will be required in a manner consistent with CMC 20.84.100 for any additional hearings on the matter.

D. Withdrawal. Any application or petition may be withdrawn prior to a public hearing by filing with the city clerk a written request for withdrawal signed by all persons who signed the original application or petition, or their successors in interest. (Ord. 690 § 4 (Exh. A), 2018).

A. Director Decision. The authorized signature of the director of community development on a designated form, or a stamp approval on a set of plans, shall signify approval of applications for a temporary use permit, zoning clearance, reasonable accommodation, minor conditional use permit, minor deviation, or minor development review.

B. Planning Commission Decision. The authorized signature of the planning commission, or the appeal authority, if the application was approved, on a designated form, or per a stamp approval on a set of plans, shall signify approval of a conditional use permit, variance, or major development review permit.

C. City Council Decision. The adoption of a resolution or ordinance approving a general plan amendment, a zoning code text or map amendment, or a development agreement shall constitute final action, approval, and record of the amendment. (Ord. 760 § 6 (Exh. A), 2025; Ord. 690 § 4 (Exh. A), 2018).

A. Quasi-Judicial Action Effective. Generally, any action to approve, conditionally approve, or deny an application or proposed project by the planning commission shall be effective immediately following expiration of the appeal period.

B. Legislative Action Effective. Legislative actions of the city council normally become effective 30 days from the date of final action and may not be appealed. Therefore, administrative and quasi-judicial permits that are processed in conjunction with, or that are contingent upon, a legislative action shall not be acted upon until the effective date of the required legislative action.

C. Other Approvals. The approval of a land use or development project authorizes the applicant to proceed with the proposed project upon the effective date of the approval, subject to all conditions or restrictions imposed by the approving authority. However, all other permits, licenses, certificates, and other grants of approval to which the proposed development project is subject must be secured before the development or use may commence.

D. Permit Expiration. Unless conditions of approval or other provisions of this zoning code establish a different time limit, any project approval not exercised within one year from the date of final approval shall expire and become null and void, and if the applicant still wishes to pursue the project a new application shall be filed with all requisite fees.

E. Transfer of Permits and Approvals. Land use and development permits and approvals shall be transferable upon a change of ownership of the site, business, service, use, or structure; provided, that the use and conditions of the original permit or approval are fully complied with; and further provided, that the project is not modified, enlarged, or expanded, except for the sale of alcoholic beverages.

F. Termination of a Permit. A permit shall cease to be of any force and effect if the use has ceased or has been suspended for a consecutive period of two or more years. (Ord. 690 § 4 (Exh. A), 2018).

A. Project Modification or Amendment. Any person holding a project approval granted under this chapter may request a modification or amendment to the project if it is found that such modification is necessary to protect the public peace, health, and safety. The modification of a project may apply to the terms of project approval, project design, or the waiver or alteration of conditions imposed when the project was approved.

B. Project Modification by the Director of Community Development. The director of community development may approve a minor modification upon determining that the proposed modification does not constitute a substantial modification of the project or otherwise exceed the scope of the original approval.

C. Project Modification Public Hearing. If the director of community development cannot find the proposed modification is minor, a public hearing is required for action to modify the project. The original approving authority for the subject project shall hold the hearing. The hearing shall be noticed in the same manner required for the granting of the original approval.

D. Findings. A project modification may be granted only when the approving authority makes all findings required for the original approval in addition to the finding that changed circumstances sufficiently justify modification of the approval.

E. Appeals. An action on a modification may be appealed in accordance with the provisions of CMC 20.84.160. (Ord. 690 § 4 (Exh. A), 2018).

A. Revocation. Approval of an application for a proposed project may be revoked upon a finding of any of the following:

B. Revocation Initiation. The revocation of an approval may be initiated by any of the city departments. The responsible department shall specify in writing to the permittee the basis upon which the action to revoke the approval is to be evaluated.

C. Revocation Public Hearing. A public hearing is required for any action to revoke approval of an application or proposed project. The original approving authority for the subject approval shall hold the hearing. The hearing shall be noticed in the same manner required for the granting of the original approval. At its discretion, the designated approving authority may revoke the approval, refuse to revoke the approval, or modify or delete conditions of approval or add new conditions of approval in order to address the issues raised by the revocation hearing.

D. Appeals. An action on a revocation may be appealed in accordance with the provisions of CMC 20.84.160. (Ord. 690 § 4 (Exh. A), 2018).

A. Appeal Authority. Any person dissatisfied with an interpretation or action of the approving authority may appeal such action to the appeal authority, as designated in Table 20.84-1. Actions made by the city council are not subject to appeal. For actions not listed in the table, the appeal authority is as follows:

B. Appeal Filing. Appeals shall be filed within 15 days following the date of determination or action for which an appeal is made and shall be accompanied by a filing and processing fee, as determined by resolution of the city council. All appeals shall be in writing, identifying the action being appealed, specifically stating the basis or grounds of the appeal.

C. Effect of Filing. The filing of a notice of appeal pursuant to this chapter stays all proceedings until a decision on the appeal has been made by the decision-making body.

D. Appeal Hearings. Unless otherwise agreed upon by the person filing the appeal and the applicant, appeal hearings shall be conducted within 45 days from the date of the appeal application being complete. Notice of hearing for the appeal shall be provided pursuant to noticing requirements outlined in CMC 20.84.100.

E. Public Hearing Attendance. The person or authorized agent filing the appeal must be present at the public hearing. If the appellant is not present, the appeal authority may deny or continue the appeal.

F. Appeal Actions. Each appeal shall be considered de novo (new), and the appeal authority may reverse, modify, or affirm the decision in whole or in part based on evidence presented at the hearing and applicable staff reports. In taking its action on an appeal, the appeal authority shall state the basis for its action. The appeal authority may modify, delete, or add conditions as it deems necessary. The appeal authority may also refer the matter back to the original approving authority for further action.

G. Effect of Denial without Prejudice. An application that has been denied without prejudice on appeal may be refiled at any time, although the appeal must be accompanied by the standard filing fee.

H. Written Notice of Decision. Following the process, the appeal authority shall provide written notice of the decision to the person filing the appeal and other persons requesting the notice. No person shall seek judicial review of the appeal authority’s decision until all available appeals to the appeal authority have been first exhausted in compliance with this chapter. (Ord. 690 § 4 (Exh. A), 2018).

A. Development Review Required. A development review permit must be obtained prior to the issuance of any permit for the construction of any building or structure. Major and minor development review is required as specified in Table 20.84-2:

B. Discretionary Permits. Applications for major development review are considered discretionary projects subject to the requirements of CEQA. (Ord. 744 § 6 (Exh. A), 2024; Ord. 690 § 4 (Exh. A), 2018).

A. Minor Development Review Permits. No public noticing for minor development review permits is required, except in those cases where the minor development review permit is referred to the planning commission per CMC 20.84.020(B).

B. Major Development Review Permits. Public noticing for major development review permits shall follow noticing procedures in CMC 20.84.100. (Ord. 690 § 4 (Exh. A), 2018).

A. Consistency. The project is consistent with the general plan, any applicable specific plan, all applicable provisions of this zoning code, all other city ordinances and regulations, and any plan of another governmental agency made applicable by statute or ordinance.

B. Proportionality. The height, bulk, and other design features of structures are in proportion to the building site, and external features are balanced and unified so as to present a harmonious appearance.

C. Design. The project design contributes to the physical character of the community, relates harmoniously to existing and anticipated development in the vicinity, and is not monotonously repetitive in and of itself or in conjunction with neighboring uses, and does not contribute to excessive variety among neighboring uses.

D. Site Layout. The site layout and the orientation and location of structures and their relationship to one another and to open spaces, parking areas, pedestrian walks, signs, illumination, and landscaping achieve safe, efficient, and harmonious development.

E. Site Development. The grading and site development show due regard for the qualities of the natural terrain and landscape and do not call for the indiscriminate destruction of trees, shrubs, and other natural features.

F. Signs. The design, lighting, and placement of signs are appropriately related to the structure and grounds and are in harmony with the general development of the site.

G. Equipment and Service Areas. Mechanical equipment, machinery, trash, and other exterior service areas are screened or treated in a manner that is in harmony with the design of the structures and grounds.

H. Compatibility. The project shows proper consideration for adjacent residentially zoned or occupied property and does not adversely affect the character of such property. (Ord. 744 § 6 (Exh. A), 2024; Ord. 690 § 4 (Exh. A), 2018).

A. Compliance. After approval of a development review permit and before a building permit is granted or a certificate of occupancy is issued, city staff shall inspect the site for compliance with the approved development plan and with any conditions of approval. Any deficiencies that are not corrected to the satisfaction of the director of community development shall be submitted to the planning commission for determination of compliance upon submittal of a written request to the director by the applicant and the payment of a fee as established by resolution of the city council.

B. Exemption of Existing Improvements. Approval of a development review permit shall not require the alteration or improvement of any existing improvements, unless:

A. Temporary Carnivals, Circuses, Fairs, and Similar Events. Applications for such events shall be submitted for review no less than 30 days prior to the first day of the event, and shall be subject to the following restrictions:

B. Christmas Trees. The outdoor sale of Christmas trees and wreaths on private property, between December 1st and December 25th of any calendar year, inclusive, to the extent permitted by other applicable ordinances, statutes, and regulations; provided, that any temporary structures and materials used shall be removed from the premises and the property restored to a neat and broom-clean condition by December 31st. A site plan shall be submitted to the director of community development for review and approval or denial of a location for such outdoor sales.

C. Outdoor Sales of Flowers and Gifts. Outdoor sales of flowers and gifts on private property are prohibited, except for a business licensed to sell flowers that has been licensed to sell flowers for more than one year. Flower shops may obtain a temporary use permit; provided, that the applicant submits proof showing sales of flowers exceeds 25 percent of annual gross receipts for the business. Sales shall be conducted on the same location as the flower shop. A site plan shall be submitted to the director of community development for review and approval or denial of the location for such sales.

D. Outdoor Sales. Temporary uses of land, including temporary outdoor sales and the erection of booths, tents, or parking of trailers on private property for temporary activities conducted either outdoors or within temporary structures, when such uses are allowed in the applicable zone with the approval of the director of community development. A maximum of four outdoor sales events may be permitted on a site, with each event limited to a maximum of seven days. The location of an outdoor sales event shall not interfere with automobile circulation and shall be designed in a manner to allow free pedestrian movement both within and around the vicinity. Activities associated with outdoor sales events shall not be located on, or interfere with, public rights-of-way. A site plan shall be submitted to the director of community development for review and approval or denial of a location for such outdoor sales.

E. Additional Temporary Uses. In addition to the above uses, the director of community development may authorize temporary uses not listed in this section. The proposed uses under the community development director’s discretion may be granted only when the proposed activity complies with the following:

F. Consumption and/or Sale of Alcohol for Special Events. A temporary use permit to allow the sale or service of beer and wine or other alcoholic beverages for on-premises consumption will not be granted by the community development director unless the following conditions are met:

A. Notice and Decision. Not sooner than 15 days after the notices are mailed, the director of community development shall apply the criteria of CMC 20.84.260 and approve, disapprove, or conditionally approve the application. The director may impose conditions on the permit to ensure that the proposed use or development complies with all applicable provisions of this zoning code. Noncompliance with any condition of approval shall constitute a violation of this zoning code.

B. Notice of Decision. Upon approval by the director of community development, notice of the decision shall be given pursuant to CMC 20.84.100. Notwithstanding CMC 20.84.100, such notice need only be given to persons who request such notice, either in response to notice given under this chapter. Notice of denial need only be given to the applicant. (Ord. 690 § 4 (Exh. A), 2018).

A. Intent and Purpose of Minor Deviation. The purpose of a minor deviation is to provide an administrative mechanism whereby the community development director can grant minor deviations from development standards due to unique physical characteristics of the property. A minor deviation shall only be granted if the strict application of the development standards is causing unnecessary hardship and there are no alternatives that could provide an equivalent level of benefit to the property owner. The granting of a minor variance shall not adversely affect the health, safety and welfare of the city and neighboring properties. Minor deviations shall not constitute the mere granting of a privilege and shall demonstrate that the deviation is in keeping with good land use planning principles.

B. Intent and Purpose of Minor Conditional Use Permits. The purpose of a minor conditional use permit is to provide an administrative mechanism whereby the community development director can grant approval to certain alcohol uses that, due to the nature of the use, require special review to determine if the use proposed is compatible with surrounding uses, but that are less likely to pose a threat to public health and safety. The granting of a minor conditional use permit shall not adversely affect the health, safety and welfare of the city and neighboring properties, must demonstrate compatibility with zoning regulations and with surrounding properties, and shall be subject to conditions of approval.

C. Intent and Purpose of Conditional Use Permits. The city recognizes that certain uses, due to the nature of the use, intensity or size, require special review to determine if the use proposed, or the location of that use, is compatible with surrounding uses; or if through the imposition of conditions on the development and use, it can be made compatible with surrounding uses. The conditional use permit is provided for this purpose and to ensure compatibility with zoning regulations and with surrounding properties.

D. Intent and Purpose of Variances. California Government Code Section 65906 establishes the authority of the city to grant exceptions to development standards and provisions of this zoning code in cases where, because of special circumstances applicable to a particular property or unique characteristics of the property, the strict application of this code deprives such property of privileges enjoyed by other property in the vicinity and under identical land use zoning districts. (Ord. 760 § 6 (Exh. A), 2025; Ord. 744 § 6 (Exh. A), 2024; Ord. 690 § 4 (Exh. A), 2018).

A. Minor Deviation. The community development director or his or her designee may grant a minor deviation, up to a maximum of 10 percent of the standards being modified, for only the following: landscape area, building setbacks, building height, wall/fence height, lot coverage, sign area, distance between structures and parcel dimensions and area. No more than one minor deviation shall be granted per parcel.

B. Minor Conditional Use Permits. Applications for minor conditional use permits may be submitted only for those uses specified as allowable minor conditional uses in Chapter 20.52 CMC, Part 2. A minor conditional use permit shall not substitute for an amendment to the zoning code text or map.

C. Conditional Use Permits. Applications for conditional use permits may be submitted only for those uses specified as allowable conditional uses in the applicable zone district. A conditional use permit may not substitute for an amendment to the zoning code text or map.

D. Variances. A variance application shall be filed whenever any deviation from the provisions of this zoning code is proposed. Variances may not be approved for uses or activities not otherwise expressly authorized by this zoning code. A variance may not substitute for an amendment to the zoning code text or map, or for a conditional use permit. (Ord. 760 § 6 (Exh. A), 2025; Ord. 744 § 6 (Exh. A), 2024; Ord. 690 § 4 (Exh. A), 2018).

A. Special Circumstance. There are special circumstances applicable to the property, including, without limitation, size, shape, topography, location, surroundings, or unclear property lines, where the strict application of this title deprives such property a right possessed by other property in the same vicinity or other properties that have the same zone district classification; and

B. Similar Privileges. That granting a minor deviation is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity or other properties that have the same zone district classification; and

C. Safety and Welfare. That granting the minor deviation will not be materially detrimental to the public health, safety or welfare, or injurious to the property or improvements in the vicinity and zoning district in which the property is located; and

D. Consistent Privileges. That granting the minor deviation does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and zoning district in which the property is located. (Ord. 744 § 6 (Exh. A), 2024).

A. Consistency. The use shall be consistent with the general plan and consistent with the integrity and character of the zone in which it is to be located.

B. Site Suitability. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls and fences, parking and loading, landscaping, and other development standards prescribed in this zoning code, or required by the planning commission, city council, or other authorized agent in order to integrate the conditional use with the land and uses in the neighborhood.

C. Neighborhood Compatibility. The designated approving authority shall consider the nature, condition, and development of adjacent uses, buildings, and structures and the effect the proposed use may have on such adjacent uses, buildings, and structures.

D. Access and Circulation. The site for a proposed conditional use should relate to streets and highways adequate in width and pavement to carry the kind and quantity of traffic such use would generate. Adequate provisions for public access are available to serve the use.

E. Utilities and Services. Adequate provisions for water, sewer, and public utilities and services are available to ensure that the use will not be detrimental to public health and safety.

F. Safety and Welfare. The use will not be detrimental to the public interest, health, safety, convenience, or welfare.

G. Conditions of Approval. The planning commission may apply such conditions to a proposed conditional use as it deems necessary to protect the public health, safety, and general welfare, including but not limited to:

A. Special Circumstances. There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, that do not generally apply to other properties in the same district.

B. Similar Privileges. The strict application of this zoning code deprives such property of privileges enjoyed by other properties in the vicinity and other identical zoning classification.

C. Consistent Privileges. The granting of the variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated. The granting of the variance counteracts a unique burdensome characteristic of the property that otherwise makes it substantially more difficult or impossible to reasonably develop or use the property in compliance with a particular zoning standard as compared to other properties in the vicinity and zone.

D. Public Health, Safety, or General Welfare. The development permitted will not be materially detrimental to the public health, safety, or general welfare, or injurious to property or improvements in the zone or neighborhood in which the property is located.

E. Conditions of Approval. The planning commission may, in granting a variance, impose such conditions as are necessary to protect the public health, safety, and general welfare, and assure compliance with the provisions and standards included in this zoning code. (Ord. 744 § 6 (Exh. A), 2024. Formerly 20.84.340).

A. Special Processing Requirements.

B. Findings.

A. Government Uses. Where the planning commission has approved a proposal to acquire land for a governmental enterprise and has approved a variance or conditional use permit therefor, no time limit shall apply to utilization of the permit; provided, that:

B. Extension. Upon an application received prior to the expiration of a minor deviation, minor conditional use permit, conditional use permit, or variance, the following shall apply:

A. Provide for Efficient Use of Land and Excellence of Design. Create a process that provides for flexibility in the application of zoning code standards to proposed development projects under limited and unique circumstances. The purpose is to allow consideration of innovative site planning and project design to achieve higher quality site planning and excellence of design than may otherwise be possible through the strict application of the development standards;

B. Provide for Enhanced Amenities and Innovation in Energy Efficiency. Require enhanced amenities (e.g., additional and enhanced private and public open space areas) and provide incentives for enhanced energy efficiency and sustainable building approaches than generally required by this zoning code; and

C. Meet City’s Expectations. Meet city expectations that each planned development permit project be of obvious and significantly higher quality than would be achieved through conventional design practices and standards. (Ord. 744 § 6 (Exh. A), 2024; Ord. 690 § 4 (Exh. A), 2018. Formerly 20.84.380).

A. Allowed Development Projects. A planned development permit may only be requested for a residential, industrial, office, commercial retail, or mixed-use development project.

B. Planned Development Permit Precedes Building or Grading Permits. For projects proposing a planned development permit, a building or grading permit shall not be issued until the planned development permit has been approved and become effective in compliance with this chapter.

C. Allow Land Uses Limited to Those Allowed in the Base Zone. A planned development permit may not authorize a land use activity that is not allowed in the base zone. However, a separate conditional use permit may be processed concurrently, if required by this zoning code.

D. Modify Standards.

A. Accommodate a use that is allowed within the subject base zone;

B. Be consistent with the purpose, intent, goals, policies, actions, and land use designations of the general plan;

C. Be generally in compliance with the applicable provisions of this zoning code relating to both on- and off-site improvements that are necessary to accommodate flexibility in site planning and property development and to carry out the purpose, intent, and requirements of this zoning code and the subject base zone(s), including prescribed development standards, except for those provisions adjusted/modified in compliance with this section;

D. Ensure compatibility of properties in the surrounding neighborhood and will not have a substantial adverse effect on surrounding property or their allowed use;

E. The proposed project will produce a comprehensive development of superior quality and excellence of design (e.g., appropriate variety of structure placement and orientation opportunities, appropriate mix of structure sizes, high-quality architectural design and materials, significantly increased amounts and varieties of hardscape and landscape and improved open space, improved solutions to the design and placement of parking and loading facilities, incorporation of a program of highly enhanced amenities, energy-efficient related standards than might otherwise occur from more typical development applications;

F. Appropriate standards and conditions have been imposed to ensure the protection of the public health, safety, and welfare;

G. Appropriate on-site circulation (e.g., pedestrian and vehicular) and traffic control is designed into the development to ensure facilities equal to or better than what would normally be created by compliance with the minimum setback and parcel width standards;

H. The subject parcel is adequate in terms of size, shape, topography, and circumstances to accommodate the proposed development; and

I. Adequate public services and facilities exist, or will be provided, in compliance with the conditions of approval, to serve the proposed development and the approval of the proposed development will not result in a reduction of public services to properties in the vicinity to be a detriment to public health, safety, and general welfare. (Ord. 744 § 6 (Exh. A), 2024; Ord. 690 § 4 (Exh. A), 2018. Formerly 20.84.410).

A. The city council may identify those portions of the community where a specific plan is appropriate by adopting a resolution of intention for a specific plan designation. At the discretion of the city council, specific plans may be initiated and prepared by the city or by a property owner or owners of any parcels subject to requirements of this chapter.

B. For any specific plan application submitted by a property owner or owners, or a designated representative, a preapplication meeting with the director of community development shall be required prior to the formal submission of the specific plan application. The purpose of this meeting is to review with the applicant the city’s requirements for specific plan content, applicable policies, infrastructure needs, and other information as determined by the director of community development.

C. In addition to a formal application completed pursuant to the requirements of this chapter, the applicant shall submit a draft specific plan containing text and diagrams containing all information specified in Government Code Section 65452, as well as other information, standards, and requirements specified by the city. (Ord. 744 § 6 (Exh. A), 2024; Ord. 690 § 4 (Exh. A), 2018. Formerly 20.84.430).

A. The planning commission shall review the application, consider pertinent facts, and provide a recommendation to the city council on the specific plan application, which shall be in the form of an adopted resolution for approval, approval with modifications, or denial of the application.

B. If the city council proposes any substantial modification to the specific plan not previously considered by the planning commission, the council shall refer the matter back to the planning commission for consideration. No public hearing shall be required. Failure of the commission to act within 45 days of receiving the council’s request shall provide the council with the authority to act without the recommendation. (Ord. 744 § 6 (Exh. A), 2024; Ord. 690 § 4 (Exh. A), 2018. Formerly 20.84.440).

A. The specific plan is consistent with and provides for the orderly, systematic, and specific implementation of the general plan.

B. The land use and development regulations within the specific plan are comparable in breadth and depth to regulations contained in this zoning code.

C. The specific plan will not adversely affect the public health and safety or result in incompatible land uses.

D. The specific plan provides the framework to phase and pace growth within the specific plan area so as to ensure completion of all necessary public facilities concurrently with completion of development entailed in the specific plan.

E. The specific plan identifies adequate financing mechanisms for the infrastructure and public facilities required to support the development. (Ord. 744 § 6 (Exh. A), 2024; Ord. 690 § 4 (Exh. A), 2018. Formerly 20.84.450).

A. Changes to the text or maps other than the addition of information that does not change the effect of any regulation.

B. Changes in any specific plan boundary.

C. Changes in the specified density for any area.

D. Changes in standards or regulations, including landscaping and design standards. (Ord. 744 § 6 (Exh. A), 2024; Ord. 690 § 4 (Exh. A), 2018. Formerly 20.84.470).

A. Upon resolution of the city council.

B. Upon resolution of the planning commission.

C. Upon application by a property owner, by a property owner’s authorized agent, or by any public utility that has exercised eminent domain. If the property for which an amendment is proposed contains more than one ownership, all of the property owners or authorized agents shall join in the initiation of an amendment. (Ord. 744 § 6 (Exh. A), 2024; Ord. 690 § 4 (Exh. A), 2018. Formerly 20.84.490).

A. Planning Commission Review. At the public hearing, the planning commission shall review the application and proposal and receive evidence as to how or why the proposed general plan or zoning code amendment is consistent with the objectives of this zoning code, the general plan, and development policies of the city.

B. Planning Commission Action. The planning commission shall act by resolution to recommend to the city council approval, approval with modifications, or denial of the proposed application. A majority vote of the quorum present is required to recommend approval or approval with modifications.

C. Planning Commission Resolution. The planning commission’s resolution shall include its recommendation and shall be transmitted to the city clerk for scheduling the matter for consideration by the city council.

D. Receipt of Planning Commission Resolution. Upon receipt of the planning commission resolution for approval or denial of a general plan amendment, zoning map amendment (change of zone), or zoning code text amendment, the city clerk shall set the matter for hearing before the city council.

E. City Council Review. At the hearing, the city council shall review the planning commission’s recommendation and receive evidence as to how or why the proposed amendment is consistent with the objectives of this zoning code, the general plan, and development policies of the city.

F. City Council Action. The city council shall act to approve or deny the application. Pursuant to Sections 36934 and 65850 of the California Government Code if the city council approves a proposed amendment to the general plan or zoning code, the city council must introduce the amendment at a regular or adjourned city council meeting and then formally adopt the amendment by ordinance at a subsequent hearing.

G. Modifications. If the city council proposes any substantial modification to the application not previously considered by the planning commission, the city council shall refer the matter back to the planning commission for consideration. No public hearing by the planning commission shall be required. Failure of the planning commission to act within 45 days of receiving the city council’s request shall provide the city council with authority to act without the planning commission’s recommendation. (Ord. 744 § 6 (Exh. A), 2024; Ord. 690 § 4 (Exh. A), 2018. Formerly 20.84.500).

A. The amendment is consistent with the goals, policies and objectives of the general plan;

B. The amendment will not adversely affect surrounding properties;

C. The amendment promotes public health, safety, and general welfare;

D. The amendment serves the goals and purposes of the zoning code; and

E. The amendment is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting, and siting criteria, for hazardous waste facilities. (Ord. 744 § 6 (Exh. A), 2024; Ord. 690 § 4 (Exh. A), 2018. Formerly 20.84.510).

A. Change of Zoning Map. A change of zoning district boundaries shall be indicated on the zoning map following the enactment of an ordinance so amending the zoning map.

B. Time Limits on New Applications (Reapplication). Following the denial of an application for an amendment, no new application for the same amendment or substantially the same amendment shall be filed within one year after the date of the denial of the application.

C. Effective Date of Amendment Approval. The approval of an amendment shall become effective upon the expiration of 30 calendar days following the date upon which the approval was granted. (Ord. 744 § 6 (Exh. A), 2024; Ord. 690 § 4 (Exh. A), 2018. Formerly 20.84.520).

A. Initiation. A hearing on a development agreement may be initiated in any of the following manners:

B. Notice of Public Hearing. Upon the filing of a completed application, the director of community development shall set a date for a noticed public hearing before the planning commission and shall give notice as required by CMC 20.84.100. The application for a development agreement shall be processed and scheduled for public hearing concurrently with all project-related applications.

C. Public Hearing. The planning commission and the city council shall hold noticed public hearings on every completed application for a development agreement. (Ord. 744 § 6 (Exh. A), 2024; Ord. 690 § 4 (Exh. A), 2018. Formerly 20.84.550).

A. Scope and Content. This part establishes the scope and content of development agreements. A development agreement shall include the following:

B. Optional Provisions. In addition to the required terms, a development agreement may include any of the following provisions:

A. The applicant and the city council may by mutual consent amend a development agreement in whole or in part. Notice of intention to amend shall be given pursuant to CMC 20.84.100. The city council may in its discretion hold a hearing on the proposed amendment. An amendment to a development agreement shall be approved by resolution. An amendment shall not be approved unless the city council finds it to be consistent with the general plan and applicable specific plans.

B. The applicant and the city council may also, by mutual consent, cancel a development agreement in whole or part. Notice of intention to cancel shall be given pursuant to CMC 20.84.100. (Ord. 690 § 4 (Exh. A), 2018).

A. Unless and until amended or canceled as provided in this part, or modified or suspended as provided in this part, a development agreement shall be enforceable by any party to the agreement, notwithstanding any change in any applicable general plan, specific plan, zoning, subdivision, or building regulation which alters or amends the rules, regulations, or policies specified in this part.

B. The burdens of a development agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the development agreement. (Ord. 690 § 4 (Exh. A), 2018).

A. Requests. A request for reasonable accommodation may be made by any person with a disability, or a representative of such person, when the application of a zoning, land use, or building regulation, policy, or practice acts as a barrier to equal housing opportunities.

B. Grant to an Individual. If a reasonable accommodation request is approved, the request shall be granted to an individual and shall not run with the land unless the director of community development determines that:

A. The community development department shall prominently display at City Hall a notice advising those with disabilities or their representatives that they may submit a request for reasonable accommodation. A request for reasonable accommodation in laws, rules, policies, practices, and/or procedures may be filed on an application form provided by the community development department at any time that the accommodation may be necessary to ensure equal access to housing.

B. A request for reasonable accommodation shall state the basis of the request including, but not limited to, a modification or exception to the regulations, standards, and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a disabled person equal opportunity to housing of his or her choice.

C. The director of community development may request additional information necessary for making a determination on the request for reasonable accommodation that complies with the fair housing law protections and the privacy rights of the disabled person to use the specified housing. If additional information is requested, the specified review period for the reasonable accommodation stops until additional information is provided. (Ord. 690 § 4 (Exh. A), 2018).

A. The housing that is subject to the request will be used by an individual with a disability, as defined under the California Fair Employment and Housing Act, the Federal Fair Housing Act, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act.

B. The request for reasonable accommodation is necessary to make specific housing available to an individual with a disability.

C. The requested reasonable accommodation would not impose an undue financial or administrative burden on the city.

D. The requested reasonable accommodation would not require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning.

E. There are no other alternative reasonable accommodations that may provide an equivalent level of benefit at a similar cost while providing greater consistency with the city’s laws and regulations. (Ord. 690 § 4 (Exh. A), 2018).

A. The director of community development or building official, as appropriate, shall have the authority to consider and act on requests for reasonable accommodation. The director of community development shall issue a written determination within 30 days of receipt of a completed application that either grants, grants with modifications or denies a request for reasonable accommodation. In granting a request for reasonable accommodation, the director of community development or building official may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings listed in CMC 20.84.680.

B. 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. 690 § 4 (Exh. A), 2018).

A. Consistency. The accessory dwelling unit is consistent with the city’s accessory dwelling unit ordinance.

B. Proportionality. The height, bulk, and other design features of the accessory dwelling unit are in proportion to the building site, and external features are balanced and unified so as to present a harmonious appearance.

C. Design. The accessory dwelling unit design contributes to the physical character of the community and relates harmoniously to the site which it sits upon.

D. Cost. Complying with the architectural design standards of the city’s accessory dwelling unit ordinance is cost burdensome for the applicant. The cost of complying with these architectural design standards presents a barrier to the applicant’s ability to build the accessory dwelling. (Ord. 744 § 6 (Exh. A), 2024).