A.

This Title is adopted to regulate the use of real property and the buildings, structures, and improvements located thereon so as to protect, promote, and enhance the public safety, health, and welfare.

B.

The regulatory provisions of this Title shall implement the provisions of the General Plan to carry out the objectives contained therein.

C.

This Title shall be known as the "Zoning Regulations."

D.

Director means the Director of Planning and Community Development.

A.

When, in the opinion of the Director, it is necessary for the City to render an administrative interpretation of one or more of the provisions of this Title, the Director may cause a noticed public hearing to be conducted by the Planning Commission.

B.

After hearing, the Planning Commission may render an interpretation which shall thereafter control development within the City unless an appeal is filed.

A.

A determination of whether a particular use is within the scope of permitted uses and allowable accessory uses in a particular zone shall constitute a "determination of allowable use."

B.

A person with an interest in real property located within a particular zone who intends to develop such real property with a use not expressly allowed in such zone shall be entitled to apply to the Planning Commission for a determination of allowable use.

C.

Upon the making of the application and the payment of the fee set by resolution of the City Council, the Director shall cause a noticed public hearing to be conducted by the Planning Commission.

D.

After hearing, a written determination of allowable use rendered by the Planning Commission shall be final and thereafter control development within the particular zone unless an appeal is filed.

A.

A determination of whether a particular project complies with the nondiscretionary development regulations applicable to the particular project shall constitute a "determination of development compliance."

B.

A determination of development compliance rendered by the Director may be appealed to the Plan-ning Commission for reconsideration. The request for reconsideration shall be filed within ten (10) days of such determination. The written determination of the Planning Commission shall be final, unless an appeal is filed.

C.

A determination of development compliance shall not substitute for an application for relief from the regulations of this Title.

A.

The City shall be divided into use zones and the boundaries of those zones shall be depicted on a map known as the "Zoning Map of the City" which shall be on file with the Director and available to the public for review.

B.

The boundaries of a zone shall be described by an ordinance which shall direct that the Zoning Map of the City be drawn to depict the described boundaries.

C.

Where possible, zone boundaries shall follow the center line of the streets, highways or shall follow alleys or lot lines depicted on a recorded map.

A.

An application for a discretionary or ministerial approval or permit authorized by this Title shall be made on a form approved by the Director, and shall be recorded in the department's records.

B.

To be received for filing, the application must be complete and the applicant must deposit a sum in an amount determined by the Director to be the estimated processing fee.

C.

The Director shall determine the amount of the deposit by reference to a cost schedule approved by resolution of the City Council.

D.

Additions to the deposit may be required by the Director and shall be paid by the applicant or the processing of the application shall be terminated.

E.

Any funds remaining on deposit after the withdrawal of the processing fee shall be returned to the applicant.

F.

If the application is denied, the same or similar application shall not be received for filing within one year of the date of denial.

A.

Any matter for which a noticed public hearing must be conducted shall be processed in accordance with this Section.

B.

Notice shall contain the date, place, and time set for hearing, which shall be not less than ten days nor more than 40 days from the date of notice. Notice shall describe the purpose of the hearing and a description of the areas affected.

C.

Notice shall be made as follows:

1.

Published once in a newspaper of general circulation within the City.

2.

Mailed to all owners as shown on the County Tax Assessors rolls of real property within 300 feet of the exterior boundaries of the property which is the subject of the hearing.

3.

Posting at City Hall and on the real property which is the subject of the hearing.

4.

As an alternative to mailing and posting notice, where the number of property owners to whom notice would be sent is greater than 1,000, the Direc-tor may elect to publish a notice by placing a display advertisement of at least one quarter page in a newspaper having the greatest circulation in the area affected by the proposed change, and in at least one additional newspaper of general circulation within such area.

5.

Notwithstanding the notice procedures described above, the Director shall mail notice by first class mail to any person who has filed a written request therefore and has paid the required fee. Such a request may be submitted at any time during the calendar year and shall apply for the balance of such calendar year. It may then be renewed annually during January.

A.

Upon timely application by a person with an interest in real property or a use, building, structure or improvement, the Planning Commission shall determine whether the operation of the provisions of this Title conflict with such person's right under the law of the State of California or the United States.

B.

In the event of an affirmative determination, the Planning Commission may, by resolution, adjust the impact of this Title on such person to alleviate the conflict. The determination of the Planning Commission shall be final and shall thereafter control the operation of this Title on the subject property unless an appeal is filed.

C.

This Section shall not constitute a substitute for any of the other procedures provided for in this Title.

Enforcement of the provisions of this Title shall be accomplished in accordance with the procedures contained in Title 1 of this Code.

Whenever a violation of this Chapter occurs or is alleged to have occurred, any person may file a complaint in regard thereto. All such complaints shall be in writing and signed by the complainant and shall fully state the location of the alleged violation, the cause of the complaint, and basis thereof. Upon receipt of a complaint, the enforcement officer shall cause an investigation of the alleged violation and take action thereon as provided by this Chapter.