These provisions are intended to prescribe the procedure for filing applications for permits, appeals, amendments, and approvals when required or permitted by this Title. These provisions will provide the framework by which applications will be determined to be complete and permitted to be filed.

This Section establishes and explains the processes and procedures that must be followed, and the application types required to be filed, before new land uses or modifications of existing land uses can be legally initiated.

1.

The City shall maintain appropriate processes and procedures to ensure that proposed development projects are afforded an adequate and impartial review in accordance with City ordinances, resolutions, policies and standards.

2.

Whenever an application that is inconsistent with the General Plan and/or this Title is filed, that inconsistency shall be noted as part of the application. In addition, filing of a zone change to make the original application consistent shall be filed concurrently. The approving authority for the original application may deny the application or approve it, conditioned upon obtaining the necessary change in zoning to eliminate the inconsistency prior to recordation of a final map in the instance of a division of land or prior to filing of any applications for construction permits if a division of land is not involved.

1.

Purpose and Intent. As conditions within the City change it may, from time to time, become necessary to amend the General Plan to enhance its effectiveness. In addition, State law requires that the General Plan be periodically reviewed and updated. The purpose of this Section is to provide a method for amending the General Plan to ensure its continued effectiveness.

2.

Authority. The City Council may amend all or part of the General Plan, or any Element thereof. All zone districts, specific plans (for which a development agreement or vesting subdivision or parcel map has not been adopted), and any other plans of the City that are affected by a General Plan amendment, and which by law must be consistent with the General Plan, shall be reviewed and amended concurrently, to ensure consistency between the General Plan and implementing zoning, specific plans, and other plans.

TABLE 2.A
Consistency of City Zone Districts with
General Plan Land Use Designations

"C" denotes that Zone District is consistent with the applicable General Plan Designation

TABLE 2.A
Consistency of City Zone Districts with
General Plan Land Use Designations
(Cont'd)

3.

Restriction on Number of Amendments. Elements of the General Plan shall be amended no more frequently than permitted by State law.

4.

Initiation of Amendments to the General Plan. An amendment to the General Plan or any Element thereof may be initiated by any of the following actions:

a.

A request, made and approved by the City Council;

b.

An application from a property owner or his/her authorized agent, provided that such application involves the development or modification of property located within the area affected by such amendment;

c.

An application from any affected party, provided that such application involves only revisions to the goals, objectives, policies, and implementation programs of the General Plan; or

d.

A request made by the Community Development Director or Planning Commission to the City Council subject to approval by the City Council.

5.

Authority and Hearings. Authority for approval of General Plan amendments shall be vested in the City Council. The Community Development Director shall forward the Planning Commission's recommendations to the City Council regarding General Plan amendments. A public hearing before the City Council shall be noticed and held after a recommendation is made by the Planning Commission to approve a proposed General Plan amendment. The City Council may approve, approve with modifications, or disapprove any such proposed amendment.

6.

Required Findings. An amendment to the General Plan shall not be approved unless all of the following findings are made:

a.

The proposed amendment is consistent with the goals, objectives, policies, and programs of the General Plan, or the General Plan as revised by the proposed amendment, and will not result in any internal inconsistencies within the General Plan; and

b.

The proposed amendment will not adversely affect the public health, safety, or general welfare; and

c.

The proposed amendment is consistent with the purposes and intent of this Title, unless such amendment proposes to change, supplement, or alter any part of this Title, whereas said amendment must be consistent with all applicable sections including these findings; and

d.

The potential environmental impacts of the proposed amendment are insignificant, have been mitigated, or there are overriding considerations that outweigh the potential impacts.

(Ord. No. 2008-1174, § 1(Exh. A), 5-5-2008)

1.

Purpose and Intent. This Section establishes the procedures for amending zone district regulations and boundaries as well as other provisions of this Title. The amendment process is necessary to provide and ensure consistency between this Title, the General Plan and State law, to increase the effectiveness of this Title, and to improve clarity in implementing General Plan goals, objectives, and policies.

2.

Amendments to Zone Districts and Other Provisions. An amendment to zone districts or other provisions of this Title may be initiated by any of the following actions:

a.

A request made and approved by the City Council;

b.

A request made by the Planning Commission or Community Development Director to the City Council subject to approval by the City Council;

c.

An application from a property owner, or his/her authorized agent, provided that such application involves the development or modification of property located within the area affected by such amendment; or

d.

An application from any affected party, provided that such application involves only revisions to the text of this Title and does not require redistricting of properties for which the affected party is not the owner or the authorized representative of the owner.

3.

Authority. Authority for approval of amendments to this Title, including amendments to the Official Zoning Map, shall be vested in the City Council. The Community Development Director shall forward the Planning Commission's recommendations to the City Council regarding such amendments.

Planning Commission Review and Action.

a.

A public hearing before the Planning Commission shall be noticed and held within the time limits specified by State law, after an initiated application is deemed complete and after required environmental documentation has been completed. A longer period of time may be prescribed by the City Council in the case of a City initiated amendment.

b.

The Planning Commission shall consider all relevant testimony related to the proposed amendment.

c.

The Planning Commission shall forward its recommendation to the City Council via an adopted Resolution.

City Council Review and Action.

a.

A public hearing before the City Council shall be noticed and held within the time limits specified by State law.

b.

The City Council shall consider all relevant testimony and the Planning Commission's recommendation; and shall approve, approve with modifications, or disapprove the proposed amendment.

c.

A City Council action disapproving a proposed amendment, regardless of how such amendment was initiated, shall be final.

4.

Required Findings. All of the following findings shall be made prior to adoption any amendment to this Title, including amendments to the official zoning map:

a.

The proposed change of zone or text revision is consistent with the goals, objectives, policies, and programs of the General Plan and is necessary and desirable to implement the provisions of the General Plan; and

b.

The proposed change of zone or text revision will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern; and

c.

The proposed change of zone or text revision is consistent with the purpose and intent of the remainder of this Title not under consideration; and

d.

The potential environmental impacts of the proposed change of zone or text revision are insignificant, have been mitigated, or there are overriding considerations that outweigh the potential impacts.

5.

Pre-Zoning.

a.

For the purpose of establishing zoning regulations that would become effective upon annexation, property outside the corporate boundaries of the City, but within the sphere of influence, may be classified within one or more zone districts in the same manner and subject to the same procedural requirements as prescribed herein for properties within the City.

b.

Upon passage of an ordinance establishing the applicable pre-zoning designation for property outside the City, the official zoning map shall be revised to identify the zone district(s) applicable to such property with the label "Pre-" in addition to such other map designations as may be applicable.

(Ord. No. 2008-1174, § 1(Exh. A), 5-5-2008)

1.

Purpose and Intent. A conditional use permit is intended to control the establishment of those uses that have some special impact or uniqueness, such that their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location. The conditional use permit application provides for the review of the location and design of the proposed use, configuration of improvements, potential impact on the surrounding area from the proposed use, and the evaluation of the use based on fixed and established standards. The review also determines whether the proposed use should be permitted by weighing the public need for and benefit to be derived from the use against any adverse impact it may cause.

2.

Authority. Authority for approval of conditional use permits shall be vested in the Planning Commission.

3.

Application. An application for a conditional use permit shall be filed with the Community Development Department in a manner prescribed by the Community Development Director.

4.

Public Hearing. The Planning Commission shall consider each application for a conditional use permit at a noticed public hearing. In the case of conditional use permit applications for automotive service stations at the Airport (AP) zone district, City Council members shall be notified when such applications are to be considered by the Planning Commission.

5.

Findings. Following review and consideration of an application, the Planning Commission may approve a conditional use permit application in whole or in part, with or without conditions, provided the Planning Commission prepares a written decision which contains the findings of fact upon which the Planning Commission's decision is based. In preparing this written decision, all of the following findings of fact must be made in an affirmative manner:

a.

The proposed use is permitted within the subject zone district pursuant to the provisions of this Section, complies with all applicable provisions of this Title, is consistent with the goals, policies, and objectives of the General Plan, and is consistent with the applicable development policies and standards of the City; and

b.

The proposed use would not impair the integrity and character of the zone district in which it is to be established or located; and

c.

The site is suitable for the type and intensity of use or development proposed; and

d.

There are adequate provisions for water, sanitation, public utilities and services to ensure public health and safety; and

e.

The proposed use will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity; and

f.

The proposed use would not result in a significant effect on the environment; unless overriding considerations outweigh the potential impacts.

6.

Conditions of Approval. In granting a conditional use permit, the Planning Commission shall require that the use and development of the property conform with the site plan, architectural drawings, statements submitted in support of the application, and with such modifications thereof as may be deemed necessary to protect the public health, safety, and general welfare and to secure the objectives of the General Plan. The Planning Commission may also impose such other conditions as may be deemed necessary to achieve these purposes, including, but not limited to the following matters:

a.

Requirements for setbacks, yard areas, and open spaces.

b.

Fences, walls, buffers, and screening.

c.

Parking, parking areas, and vehicular ingress and egress in addition to the minimum requirements of Chapter 20.13 of this Title.

d.

Landscaping and maintenance of landscaping and grounds.

e.

Regulation of signs.

f.

Control of noise, vibration, odors, and other potentially dangerous or objectionable elements.

g.

Limits on hours of operation or duration of approval.

h.

Time period within which the proposed use shall be developed.

i.

Requirements for street improvements and dedications.

j.

Building design and elevations.

k.

Such other conditions as may be determined to assure that development will be in accordance with the intent and purposes of this Title.

l.

Reasonable guarantees of compliance with required conditions, such as a deed restriction or requiring the applicant to furnish security in the form of money or surety bond in the amount fixed by the administering agency.

m.

Requirements for periodic review by the Planning Commission, and such other conditions as the Planning Commission may deem necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enable the Planning Commission to make the findings required by Section 20.2.50.6 of this Chapter.

7.

Acceptance of Conditions. A conditional use permit shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed by the applicant.

A conditional use permit may be recorded against the property.

8.

Revisions/Modifications. Requests to revise or modify an approved conditional use permit may be requested by the applicant or the Planning Commission.

a.

Revisions/Modifications Requested by Applicant. A revision or modification to an approved conditional use permit including, but not limited to change in conditions, expansions, intensification, location, hours of operation, or change of ownership, may be requested by an applicant. The applicant shall supply necessary information as determined by the Community Development Director to indicate reasons for the requested change. The requested revision or modification shall be processed in the same manner as the original conditional use permit.

b.

Review by the Planning Commission. The Planning Commission may periodically review any conditional use permit to ensure that it is being operated in a manner consistent with conditions of approval or in a manner not detrimental to the public health, safety, or welfare, or materially injurious to properties in the vicinity. If, after review, the Planning Commission deems that there is sufficient evidence to warrant a full examination, a public hearing date shall be set. At such public hearing, the Planning Commission may modify or revoke the conditional use permit pursuant to the provisions of this Title.

(Ord. No. 2008-1174, § 1(Exh. A), 5-5-2008; Ord. No. 2013-1270, § 1(Exh. A), 11-18-2013)

1.

Purpose and Intent. The purpose of a variance is to provide for equity in use of property, and to prevent unnecessary hardships that might result from a strict or literal interpretation and enforcement of certain regulations prescribed by this Title.

2.

Authority. The authority to grant a minor variance shall be vested with the Community Development Director. The authority to grant a major variance, as defined herein, shall be vested with the Planning Commission. A variance from the terms of the regulations of this Title shall be granted only when it is demonstrated that the strict application of the zoning regulations deprives such property of privileges enjoyed by other properties in the general vicinity and in the same zone district due to special circumstances applicable to the property in question, including size, shape, topography, location or surroundings. Consequently, a variance to a zoning regulation prescribed by this Title may be granted with respect to development standards including, but not limited to, walls, fences, screening and landscaping, site area, width and depth, coverage, front, side, and rear yards, height of structures, usable open space, and on-street and off-street parking and loading facilities. In approving a variance, the Community Development Director and Planning Commission may impose reasonable conditions of approval.

3.

Minor Variances. The Community Development Director may approve requests for minor variances to modify the following requirements of this Title:

a.

Minor parking lot improvements.

b.

Up to thirty percent of parking and loading space requirements, not to exceed two spaces.

c.

Up to twenty percent of front yard setback requirements.

d.

Up to forty percent of side yard setback requirements, but no closer than three feet from the property line.

e.

Up to twenty-five of rear yard setback requirements, but no closer than five feet from the property line.

f.

Up to ten percent of area requirements, excluding lot area and dimension requirements.

g.

Up to ten percent of the maximum building coverage requirements.

h.

Up to ten percent of maximum gross floor area requirements.

4.

Major Variances. Any request for a variance other than a minor variance shall be termed a major variance, and shall be reviewed and acted upon by the Planning Commission.

5.

Required Findings. The Planning Commission, and/or the Community Development Director, shall make all the following findings in a decision to grant a variance request:

a.

That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary hardship not otherwise shared by others within the surrounding area or vicinity; and

b.

That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the vicinity and under the same zoning classification; and

c.

That the strict interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity and under the same zoning classification; and

d.

That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and under the same zoning classification; and

e.

That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and

f.

That the granting of the variance is consistent with the objectives and policies of the General Plan and the intent of this Title.

6.

Conditions. Conditions of approval for a variance may include, but shall not be limited to:

a.

Requirements for open spaces, fences, wall, landscaping screening buffers, erosion control measures, and flood control measures including maintenance thereof;

b.

Requirements for dedications and street improvements;

c.

Regulation of vehicular ingress and egress and traffic circulation;

d.

Regulation of hours of operation and such other conditions deemed necessary to ensure compatibility with surrounding land uses to preserve the public health, safety, and welfare;

e.

A variance permit shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed by the applicant;

f.

A variance permit may be recorded against the property.

(Ord. No. 2008-1174, § 1(Exh. A), 5-5-2008)

1.

Purpose and Intent. The Site Plan Review process is intended to ensure that new development proposed within the City of Delano does not have adverse impacts upon the health, safety, and general welfare of the community, does not have adverse aesthetic or architectural impacts upon existing adjoining properties, and is harmonious with existing development patterns and circulation networks. "Development" for the purposes of this Section shall be construed to mean construction of new buildings and structures, or substantial additions, renovations, and conversion of use of existing buildings and properties.

2.

Applicability. The Site Plan Review process is required of all Development proposals which has been identified as a permitted use within the applicable zone district.

3.

Decision Making Authority. Authority for approval or denial of a Site Plan Review application which is not associated with a conditional use permit, variance, or subdivision application shall be vested in the Community Development Director. The decision of the Community Development Director may be appealed to the Planning Commission. For Site Plan Reviews which are associated with a conditional use permit, variance, or any subdivision application, approval authority shall be vested with the Planning Commission. The decision of the Planning Commission may be appealed to the City Council. The Community Development Director may at his or her own discretion forward the Site Plan Review application to the Planning Commission for review and decision.

4.

Application. An application for Site Plan Review shall be filed with the Community Development Department on forms provided by the department, and shall be completed with such information and materials as prescribed by the Community Development Director, with applicable fees as determined by separate resolution by the City Council.

5.

Site Plan Review Process. The Site Plan Review application shall be processed in accordance with Chapter 4.5, Government Code 65941 et seq., known as the Permit Streamlining Act of the State of California Planning and Zoning Law. The proposal may be transmitted to other city departments or external agencies for review and subsequent comment, as deemed necessary by the Community Development Director.

6.

Required findings for approval. Findings. Following review and consideration of an application, the Community Development Director, or his or her designee may approve a Site Plan Review application in whole or in part, with or without conditions, provided the Community Development Director prepares a written decision which contains the findings of fact upon which the decision is based. In preparing this written decision, all of the following findings of fact must be made in an affirmative manner.

a.

The proposed use is permitted within the subject zone district pursuant to the provisions of this Section, complies with all applicable provisions of this Title, is consistent with the goals, policies, and objectives of the General Plan, and is consistent with the applicable development policies and standards of the City; and

b.

The proposed use would not impair the integrity and character of the zone district in which it is to be established or located; and

c.

The site is suitable for the type and intensity of use or development proposed; and

d.

There are adequate provisions for water, sanitation, public utilities and services to ensure public health and safety; and

e.

The proposed use will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity; and

f.

The proposed use would not result in a significant effect on the environment; unless overriding considerations outweigh the potential impacts.

7.

Conditions of Approval. In granting a Site Plan Review application, the Community Development Director shall require that the use and development of the property conforms with the site plan, architectural drawings, statements submitted in support of the application, and with such modifications as may be deemed necessary to protect the public health, safety, and general welfare and to secure the objectives of the General Plan. The Community Development Director may also impose conditions as may be deemed necessary to achieve these purposes, including, but not limited to the following matters:

a.

Requirements for setbacks, yard areas, and open spaces.

b.

Fences, walls, buffers, and screening.

c.

Parking, parking areas, and vehicular ingress and egress in addition to the minimum requirements of Chapter 20.13 of this Title.

d.

Landscaping and maintenance of landscaping and grounds.

e.

Regulation of signs.

f.

Control of noise, vibration, odors, and other potentially dangerous or objectionable elements.

g.

Limits on hours of operation or duration of approval.

h.

Time-period within which the proposed use shall be developed.

i.

Requirements for street improvements and dedications.

j.

Building design and elevations.

k.

Such other conditions as may be determined to assure that development will be in accordance with the intent and purposes of this Title.

l.

Reasonable guarantees of compliance with required conditions, such as a deed restriction or requiring the applicant to furnish security in the form of money or surety bond in the amount fixed by the administering agency.

m.

Requirements for periodic review by the Planning Commission, and such other conditions as the Planning Commission may deem necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enable the Planning Commission to make the findings required by Section 20.2.50.6 of this Chapter.

8.

Acceptance of Conditions. A Site Plan Review approval shall not become effective for any purpose unless an acceptance of Conditions" form has been signed by the applicant. A conditional use permit and conditions of approval may be recorded against the property.

9.

Revisions/Modifications. Requests to revise or modify a Site Plan Review Application may be requested by the Community Development Director from applicant if the proposal does not meet the minimum standards of the Delano Municipal Code and/or the Director cannot make all necessary findings required for approval.

10.

Appeals. Any person not satisfied with the decision of the Community Development Director may, within ten calendar days of the date of the approval or denial may appeal such decision to the City Planning Commission by filing a written notice of appeal and payment of fees to the Community Development Department setting forth the basis and of the appeal. The appeal shall be filed in accordance with Chapter 20.2.180 of this Title.

(Ord. No. 2011-1241, § 1(Exh. A), 12-19-2011; Ord. No. 2017-1294, § 1(Exh. 2), 11-20-2017)

Development agreements may be entered into and implemented by the City pursuant to the following procedures:

1.

Purpose.

a.

The Legislature of the State of California adopted Section 65864 et seq. of the Government Code, authorizing local governments to enter into development agreements with applicants for development projects. Under appropriate circumstances, development agreements will strengthen the public planning process, encourage private participation in comprehensive planning by providing a greater degree of certainty in that process, reduce the economic costs of development, allow for the orderly planning of public improvements and services and the allocation of costs therefore in order to achieve the maximum utilization of public and private resources in the development process, and assure, to the extent feasible, that appropriate measures to enhance and protect the environment of the City are achieved.

b.

The objective of such an agreement is to provide assurances that, upon approval of the project, the applicant may proceed with the project in accord with existing policies, rules and regulations, subject to the conditions of approval, thus vesting certain development rights in the property. Development agreements will also ensure that all conditions of approval, including the construction of off-site improvements made necessary by such land developments, will proceed in an orderly and economical fashion to the benefit of the City. The purpose of this Chapter is to establish procedures and requirements for consideration of development agreements by the City consistent with State law.

2.

Application Requirements and Forms.

a.

An applicant may propose that the City consider entering into a development agreement pursuant to Article 2.5, Title 7 of the California Government Code commencing with Section 65864, by filing an application with the Community Development Department and demonstrate that the project satisfies the eligibility requirements of this Section. The form of said application shall be provided by the Community Development Director.

b.

Applicant. An application may be filed only by the property owner or other person having a legal or equitable interest in the property that is the subject of the development agreement or by that person's authorized agent. The term "applicant" shall also include any successor in interest to the property owner, or successor in interest to any other person having a legal or equitable interest in the property.

c.

Eligibility Requirements. The City Council finds that it may be in the City's best interest to enter into a development agreement when construction of the project will be phased over a several year period, is a large-scale development, shall occupy substantial acreage, or in some other way requires long-term certainty on the part of the developer and the City. The City Council reserves the sole right to determine whether a development agreement is appropriate and in the best interest of the City for a specific development project.

3.

Proposed Development Agreement.

a.

Each application shall be accompanied by a list of proposed conditions for a development agreement, which shall specify the duration of the agreement, the permitted uses of the property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes.

b.

A proposed development agreement may include conditions, terms, restrictions and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions and requirements for subsequent discretionary actions shall not unreasonably prevent development of the land for the uses and to the density or intensity of the development set forth in the agreement. A proposed development agreement may also provide that construction shall be commenced within a specified time, and that the project or any phases thereof be completed within a specified time.

c.

A program and standards for periodic review of the development agreement shall be included.

d.

Appropriate provisions, acceptable to the City Attorney, providing security for the performance of the developer under the development agreement shall be included.

e.

A development agreement shall include all conditions imposed by the City with respect to the development project, including those conditions required as a result of any environmental review prepared under the California Environmental Quality Act. Agreements for special purposes may be adopted covering only certain aspects of the project. Any such special purpose development agreement shall be identified as such.

f.

All development agreements shall contain an indemnity and insurance clause, in form and substance acceptable to the City Attorney, requiring the developer to indemnify the City against claims arising out of the development process, provided that such a provision does not violate applicable law or constitute a joint venture, partnership or other participation in the business affairs of the developer by the City.

g.

All development agreements, or any part of such development agreements, may be subject to subsequent condemnation proceedings by the City.

h.

A proposed agreement may include such additional conditions, terms, restrictions or requirements as determined by the City Council to be in the public interest.

4.

Parties to the Development Agreement.

a.

Only a qualified applicant may file an application to enter into a development agreement with the City. The Community Development Director may require an applicant to submit proof of his interest in the real property and of the authority of the agent to act for the applicant. Such proof may include a preliminary title report issued by a title company licensed to do business in the State of California evidencing the requisite interest of the applicant in the real property. Before processing an application, the Community Development Director may obtain the opinion of the City Attorney as to the sufficiency of the applicant's interest in the real property to enter into a development agreement as a qualified applicant.

b.

In addition to the City and the qualified applicant, any federal, State or local governmental agency or body may be included as a party to any development agreement. Any such additional party may be made a party to a development agreement pursuant to the provisions of the Joint Exercise of Powers Act (Government Code 6500, et seq.) providing for joint powers agreements, or provisions of other applicable federal, State or local law, in order to create a legally binding agreement among such parties.

5.

Review of Application.

a.

The Community Development Director shall endorse the application on the date it is received. The application shall be reviewed and may be rejected if it is incomplete or inaccurate. If the application is complete, it will be accepted for filing. The Community Development Director shall review the application and determine any additional requirements necessary to complete the agreement form. After receiving the required information, a staff report and recommendation shall be prepared which will state whether or not the development agreement, as proposed or in an amended form (specifying the nature of the amendments), would be consistent with the General Plan and any applicable Specific Plan, and with the provisions contained herein, and whether it meets the needs and requirements of the City.

b.

The Community Development Director shall, as part of his review of the application, circulate copies of a proposed development agreement to those City departments and other agencies having jurisdiction over the development project to be undertaken pursuant to the development agreement, for review and comment by such City agencies. The proposed development agreement shall be reviewed for legal sufficiency and a proposed ordinance authorizing the City to enter into the development agreement, for action by the City Council upon hearing thereof as specified herein shall be prepared. The staff report and recommendation of the Community Development Director shall include any appropriate recommendations received by other agencies.

c.

The Community Development Director shall, at the applicant's expense and in accord with City procedures for implementation of the California Environmental Quality Act, undertake environmental review and, upon completion of such review, transmit the application, together with a recommendation thereon, to the City Council.

d.

Upon receipt of the application, the results of the environmental review, and the recommendations of the Community Development Director, the City Council shall schedule a public hearing. Notice of intention to consider the application shall be given as provided in Sections 65090 and 65091 of the California Government Code and as provided for in Section 20.2.150 of this Chapter. In addition, if the application is being processed together with the development project, notice of such intention shall be given as required for consideration of the development project.

e.

Review Standard. The Planning Commission may recommend use of a development agreement as a method of implementing or providing standards and criteria for any development approval including but not limited to:

(1)

A development approval pursuant to this Title;

(2)

An amendment to the General Plan;

(3)

The formation of an assessment district, benefit district, maintenance district, special benefit district, or any other mechanism for the installation of required on-site and/or off-site improvements; and/or

(4)

Mitigation measures imposed upon a development project after approval of an environmental impact report or mitigated negative declaration in which such mitigation measures have been proposed as a mechanism for eliminating or reducing environmental impacts.

f.

Recommendation of the Community Development Director. Prior to the public hearing, the Community Development Director shall make his/her recommendation in writing to the City Council. The recommendation shall include the Community Development Director's determination as to whether or not the proposed development agreement meets the following criteria:

(1)

It is consistent with the objectives, policies, general land uses, and programs specified in the General Plan and any applicable Specific Plan;

(2)

It is compatible with the uses authorized in, and the regulations prescribed for the zone district in which the real property is or will be located;

(3)

It is in conformity with and will promote public convenience, general welfare and good land use practice;

(4)

It will not be detrimental to the health, safety and general welfare;

(5)

It will not adversely affect the orderly development of property or the preservation of property values; and

(6)

It will promote and encourage the development of the proposed project.

6.

Hearing by City Council.

a.

Adoption by Ordinance. A development agreement is a legislative act, and shall be enacted by ordinance only after a public hearing before the City Council is held pursuant to the procedures described herein. The ordinance shall refer to and incorporate by reference the text of the development agreement.

b.

Conduct of Hearing. At the hearing, the City Council shall consider the Community Development Director's and Planning Commission's recommendation, together with any additional public testimony, and may approve, disapprove, or modify any recommendation of the Planning Commission or Community Development Director.

c.

Consistency with the General Plan, and any Specific or Policy Plans. Before the City Council may approve a development agreement, it must find that its provisions are consistent with the General Plan and any applicable specific plans or policy plans of the City. If the City Council approves a development agreement in the form recommended by the Community Development Director, without further findings, it shall be deemed to have also adopted the findings of the Community Development Director.

d.

Execution of a Development Agreement. If the City Council adopts an ordinance approving a development agreement, the parties thereto shall execute the development agreement within thirty calendar days after adoption of the ordinance; provided, however, that the development agreement shall not become effective until the ordinance authorizing the development agreement also becomes effective. The time for executing the agreement may be extended by the mutual consent of the City Council and the applicant.

e.

Recordation. Within ten calendar days after the City enters into a development agreement, the City Clerk shall have the agreement recorded with the Kern County Recorder as required in Government Code Section 65868.5. If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in Government Code Section 65868, or if the City determines or modifies the agreement as provided in Government Code Section 65865.1 for failure of the applicant to materially comply in good faith with the terms or conditions in the agreement, the City Clerk shall have notice of such action recorded with the Kern County Recorder.

7.

Periodic Review.

a.

The City shall periodically review a development agreement at least once every twelve months after the City enters into a development agreement.

b.

Not less than forty-five, nor more than sixty calendar days prior to the yearly anniversary of the date a development agreement was entered into, the applicant shall submit evidence to the Community Development Director of the applicant's good faith compliance with the development agreement. Said notification shall be accompanied by a processing fee in such amount as may hereinafter be established by resolution of the City Council.

c.

Finding of Compliance. If the Community Development Director finds good faith compliance by the developer with the terms of a development agreement, a certificate of compliance shall be issued, which shall be in recordable form and may be recorded by the developer in the official records. The issuance of a certificate of compliance by the Community Development Director and the expiration of the appeal period hereinafter specified without appeal, or the confirmation by the City Council of the issuance of the certificate on such appeal, shall conclude the review for the applicable period and such determination shall be final.

d.

Finding of Noncompliance. If, based on substantial evidence, the Community Development Director finds the developer has not complied in good faith with the terms of a development agreement, the respects in which the developer has failed to comply shall be specified in writing. The Community Development Director shall also specify a reasonable time for the developer to meet the terms of compliance. If such areas of noncompliance are not corrected within the reasonable time limits as prescribed by the Community Development Director, the development agreement shall be subject to cancellation pursuant to provisions herein.

e.

Appeal of Determination. Any interested person may file an appeal of the issuance of a certificate of compliance to the City Council within ten days after the certificate's issuance. The developer may also file an appeal to the City Council of a finding of noncompliance by the Community Development Director within ten days after giving notice of such determination. All appeals before the City Council shall be conducted pursuant to the provisions of Section 20.2.180 of this Chapter at which time evidence shall be taken and findings thereon made.

f.

Referral to the City Council. The Community Development Director may refer any review to be conducted hereunder to the City Council. Such referral shall be made together with a staff report of the Community Development Director's preliminary findings. Upon such referral, the City Council shall conduct a noticed public hearing to determine the good faith compliance by the developer with the terms of the development agreement in accordance with the provisions contained herein, and shall direct the issuance of a certificate of compliance upon a finding of good faith compliance, or make the determination of noncompliance on the basis of substantial evidence.

8.

Cancellation or Modification.

a.

Cancellation or Modification by Mutual Consent. Any development agreement may be canceled or modified by mutual consent of the parties, but only in the manner provided in California Government Code Section 65868. Any proposal to cancel or modify a development agreement shall be heard and determined in accordance with the same procedures specified by this Section for approval of a development agreement.

b.

If, at any time during the term of a development agreement, the Community Development Director finds, on the basis of substantial evidence, that the developer has not complied in good faith with the terms and conditions of the development agreement, and such noncompliance has not been corrected, the City Council shall conduct a public hearing at which the developer must demonstrate good faith compliance with the terms of the development agreement. The burden of proof of substantial evidence of compliance by the developer is upon the developer. If such compliance cannot be shown, the City Council shall either commence proceedings to cancel the development agreement or recommend new terms and conditions intended to remedy the noncompliance.

c.

The City Council shall conduct a noticed hearing, upon the recommendations of the Community Development Director, at which time the developer and any other interested persons shall be entitled to submit such evidence and testimony as may be germane to the issue of the developer's good faith compliance with the terms of the development agreement. If the City Council finds, based on substantial evidence, noncompliance with the terms and conditions of the development agreement, it may either cancel the development agreement upon giving 60 days notice to the developer or, in its discretion, may allow the development agreement to be continued by imposition of new terms and conditions intended to remedy such noncompliance. The City Council may impose such conditions to the action it takes as it considers necessary to protect the interest of the City. The decision of the City Council shall be final.

d.

In the event that a development agreement should be canceled, or otherwise terminated, unless otherwise agreed all rights of the developer, property owner or successors in interests under the development agreement shall terminate. Any and all benefits, including money or land, received by the City shall be retained by the City. Notwithstanding the above provision, any termination of the development agreement shall not prevent the developer from completing and occupying a building or other improvements authorized pursuant to a valid building permit previously approved by the City or under construction at the time of termination, but the City may take any action permitted by law to prevent, stop, or correct any violation of law occurring during and after construction, and the developer or any tenant shall not occupy any portion of the project or any building not authorized by a previously issued building permit. As used herein, "construction" means work under a valid building permit, and "completing" means completion for beneficial occupancy for developer's use, or if a portion of the project is intended for use by a lessee or tenant, then for such portion. "Completion" means completion except for interior improvements such as partitions, duct and electrical runouts, floor coverings, wall coverings, lighting, furniture, trade fixtures, finished ceilings and other improvements typically constructed by or for tenants of similar buildings. At such time uses shall, to the extent possible, be deemed nonconforming uses, and shall be subject to the nonconforming use provisions of this Title.

9.

Miscellaneous Provisions.

a.

All development agreements shall be subject to the regulation and requirements of the laws of the State of California; the Constitution of the United States; any codes, statutes, or executive mandates; and any court decision, State or Federal, thereunder. In the event that any such law, code, statue, mandate or decision made or enacted after a development agreement has been entered into prevents or precludes compliance with one or more provisions of the development agreement, such provisions of the development agreement shall be modified or suspended in the manner and pursuant to the procedures specified in the development agreement, as may be necessary to comply with such law, code, statute, mandate, or decision.

b.

A development agreement entails and consists of a separate procedure from other land use planning procedures and shall not take the place of this Title, the General Plan, a conditional use permit, subdivision approval, building permit, or any other City development procedures. If so specified in a development agreement, it shall constitute an approval pursuant to such planning procedures as if separately enacted under other provisions of this Title or other City ordinances; to the extent practicable, public hearings on a proposed development agreement shall be held concurrent with the public hearings on all related land use approvals, and all such approvals shall be made concurrent with the approval of the development agreement.

c.

When approved, a development agreement and any development control maps and all notations, references and regulations that are a part of the development agreement shall be part of the Development Agreement Ordinance. Development control maps include, but are not limited to, regulations intended to carry out any plan respecting location or type of activities; height, bulk, siding or design of structures; location or design of open areas; and landscaping and other comparable regulations.

d.

This Section and any subsequent development agreement with respect to any development agreement enacted under this Chapter, any provision of such a development agreement that is in conflict with this Title shall be void. Unless otherwise provided by the development agreement, the City's rules, regulations and official policies governing permitted uses of land, governing density, and governing design, improvement and construction standards and specifications applicable to development of the property subject to a development agreement shall be those City rules, regulations and official policies in force at the time of the approval of the development agreement by the City Council provided, however, that the developer is subject to all increases in City imposed fees, dedication requirements, and charges with respect to subsequent applications for development and construction within the property subject to a development agreement.

(Ord. No. 2008-1174, § 1(Exh. A), 5-5-2008)

1.

Purpose and Intent.

a.

Reasonably ensure that construction of new buildings or structures and additions, renovations, conversions, and restorations to existing buildings or structures, including residential, institutional, commercial, and industrial development, (referred hereinafter in Section 20.2.80 of this Chapter as "development") does not have an adverse aesthetic, health, safety or architecturally related negative impact upon existing adjoining properties, or the City in general.

b.

Ensure appropriate site planning techniques in order to promote future development of adjacent properties by providing for such techniques as reciprocal access, integrated parking, building, and siting.

c.

Minimize the effects of grading by discouraging mass grading to ensure that the natural character of terrain is retained.

d.

Encourage improved drainage from lots directly to a street storm drain, or through public or privately maintained easements.

e.

Encourage the use of a variety of housing styles, split level grading techniques, varied lot sizes, site design densities, varied setbacks, maintenance of views and arrangement, and spacing to reduce impacts on adjacent developed properties.

f.

Encourage the use of energy conservation techniques in all new development.

g.

Assist private and public developments to be more cognizant of public concerns for the aesthetics of development.

2.

Projects Requiring Design Review. No building permit for residential or commercial development shall be issued until the proposed development has received, as part of the building permit review process, design review approval pursuant to the provisions of this Chapter.

3.

Planning Commission Review.

a.

The Planning Commission shall review an application for design review for projects that otherwise require approval by the Planning Commission.

b.

The Planning Commission is authorized to approve, modify, or deny the proposed design of any project and to impose reasonable conditions upon such action, as provided in Section 20.2.180 of this Chapter. Conditions may include, but not be limited to, requirements for open space; screening and buffering of adjacent properties; fences and walls; landscaping; installation and maintenance of landscaping and erosion control measures; vehicular ingress and egress; traffic circulation; signs; grading requirements; establishment of development schedules or time limits for performance or completion of improvements; and such other conditions as the Planning Commission may deem necessary to ensure compatibility with surrounding uses; to preserve the public health, safety and welfare; and to enable the Planning Commission to make the findings necessary for approval.

4.

Community Development Director Review.

a.

The Community Development Director shall review all applications for a building permit, as described in Section 20.1.140 of this Title.

b.

The Community Development Director is authorized to approve or deny applications for design review and to impose reasonable conditions upon such approval, subject to the right of appeal as provided in Section 20.2.180 of this Chapter. Conditions may include, but not be limited to, requirements for open space; screening and buffering of adjacent properties; fences and walls; landscaping; installation and maintenance of landscaping and erosion control measures; vehicular ingress and egress; traffic circulation; signs; grading requirements; establishment of development schedules or time limits for performance or completion of improvements; and such other conditions as the Community Development Director may deem necessary to ensure compatibility with surrounding uses; to preserve the public health, safety and welfare; and to enable the Community Development Director to make the findings necessary for approval. The Community Development Director may, at its discretion, refer any design review decision to the Planning Commission.

5.

Design Criteria (Nonresidential).

a.

The design and layout of a proposed development shall be consistent with the General Plan, the provisions of this Title, City Design Guidelines, and any adopted architectural criteria for specialized areas such as designated historic districts, theme areas, specific plans, or planned developments.

b.

New, renovated, or remodeled development shall demonstrate that the following general design criteria have been integrated into the design and layout of the proposed development.

(1)

Establish an architectural and siting design theme that is compatible with surrounding existing and planned development that includes the following elements:

(a)

A relationship to prominent design features existing in the immediate area (i.e., trees, land form, key elements of adjacent development, etc.);

(b)

A relationship to existing structures and neighborhood character. This includes prohibiting any device being or resembling security bars, gates, or other similar security devices from being placed over or on windows or doors on the exterior of any building, or the interior of any building if visible from a public street or public right-of-way; except for doors and windows on the ground level portion of the rear of a building facing an alley;

(c)

A relationship to the natural environment (i.e., washes, native vegetation, and community landscaping).

(2)

Design the development to create pleasing transitions to surrounding development by incorporating the following elements:

(a)

The bulk of new structure(s) relates to the prevailing or planned scale of adjacent development;

(b)

Setbacks from streets and adjacent properties relate to the scale of the structure and the function of the street and encourage pedestrian scale and uses; and

(c)

Tall structures are made less imposing by physically stepping them back from the street.

(3)

Respect the identified views and view corridors of existing developments to the greatest extent possible. Where applicable, view corridors oriented toward existing or proposed community amenities, such as parks, open space, or natural features, are to be enhanced.

(4)

Create subtle variations in architectural and landscape components that provide visual interest, but do not create abrupt changes or cause discord in the overall character of the neighborhood.

(5)

Provide appropriate transitions between different projects by providing buffer areas, landscaping, and other similar treatments (e.g., hedges, walls, fences, berms, or landscaped open space).

(6)

Provide a harmonious appearance of the development with the surrounding environment and existing developments based on the compatibility of individual structures rather than one specific style of architecture.

(7)

Avoid uninterrupted fences and walls, unless they are needed for specific screening, safety, or sound attenuation purpose. Where needed, fences or walls shall be required to:

(a)

Relate to both the site being developed and surrounding developments, open spaces, streets, and pedestrian ways;

(b)

Respect existing view corridors to the greatest extent possible; and

(c)

Incorporate landscape elements or changes in materials, color, or texture in order to discourage graffiti, and prevent undue glare, heat, reflection, or aesthetic inconsistencies.

(8)

Incorporate the following lighting concerns into development proposals:

(a)

Lighting fixtures are to be attractively designed to complement the overall design theme of the project;

(b)

Lighting shall create a festive atmosphere within commercial areas by outlining buildings, trees, or other architectural features to encourage nighttime use of those areas by pedestrians; and

(c)

On-site lighting shall create a safe environment, adhering to established crime prevention standards, but shall not result in nuisance levels of light or glare on adjacent properties.

(9)

Architectural plans for development shall be required to incorporate the following building elevation and screening criteria:

(a)

All exterior wall elevations of buildings and screen walls shall have architectural treatments that enhance the appearance of the building or wall;

(b)

Compatible materials and consistent style shall be evident within a development in all exterior elevations; and

(c)

Within multifamily, commercial, office, and mixed use business park developments, trash enclosures, loading areas, mechanical equipment, and outdoor storage areas shall be screened from view from public streets, and from other public views, as appropriate.

6.

Residential Subdivision Land Use Design Criteria. It is the intent of the General Plan and the provisions of this Title to encourage a variety of residential development types that are innovative in design and compatible with surrounding neighborhoods while being conducive to creating a balanced housing market in the City. The following represents components of design requirements for all residential subdivisions, except for the exemptions contained in Sections 20.2.80.6.e. (2) and (3):

a.

Housing within new residential subdivisions should, where possible, be situated with recognizable variations in front and side yard building setbacks.

b.

Residential developments should, where possible, maximize a feeling of openness by orienting road axes to open space areas and areas of visual interest.

c.

The use of roof forms, including shed, gable, and hip roofs, alone or in combination shall be used to achieve a variety of roof lines for houses adjacent to public streets. All such roofs shall be of a concrete tile, approved shake, or an architectural style composition shingle with dimensional variations. All other proposed roofing materials shall be subject to review and approval by the City Building Official.

d.

To reduce architectural massing at street corners and to create congruity where a two-story structure is next to a one-story structure, the incorporation of a one-story element into the two-story structure shall be required when feasible.

e.

The minimum size for construction of a new house in the City shall be one thousand one hundred square feet.

f.

All subdividers/developers shall be required to provide landscaping and an irrigation system for each lot of a residential subdivision prior to receiving a final inspection for any house constructed in that subdivision, as follows:

(1)

Landscaping and an irrigation system for both the front yard and the street side yard, provided the street side yard is not obscured from sight from an adjacent street by fencing, of each lot shall be provided. Said landscaping shall consist of the following: (1) no less than one, fifteen-gallon-size tree; (2) ten percent of said yard area shall consist of a landscaped planter; and (3) the remaining portion of said yard area not occupied by a driveway, shall be improved with sod including one, six-station clock and two, one-inch valves.

(2)

Any proposal for an alternative landscaping plan shall be subject to review and approval by the Community Development Director.

g.

Architectural styles and themes should be compatible with the surrounding environment. However, to assure individuality among projects, each development shall vary its architectural design to avoid monotony and create interest, while remaining compatible with surrounding development.

h.

If custom homes are not proposed, subdividers/developers of residential subdivision tracts shall provide a variety of floor plans and building elevations as depicted in Table 2.B, below.

TABLE 2.B
Residential Floor Plan and
Elevation Guidelines

* The required number of building elevations may be reduced by one for every two building footprints added to the required minimum number specified in Table 2.B.

i.

Elevations, for the purpose of meeting the requirements of this Chapter, shall mean the treatment of materials, trim, roofs, or other architectural features which are considerably different than the elevations of any other house in the same subdivision as seen from the street upon which it faces. No two identical elevations shall be placed side by side within a subdivision.

j.

Color.

(1)

The use of monochromatic and complementary accent and trim colors is considered to meet the intent of this Chapter.

(2)

The use of bright or garish colors (i.e., fluorescent "hot" or "day-glow" colors) shall not be permitted.

(3)

Using building materials in their natural state, such as brick or stone, is strongly recommended.

(4)

The use of colors to express individuality and identity within a cohesive and attractive framework is encouraged. Such colors should be in harmony with other colors used in the immediate area.

k.

Agricultural Land Uses. Where portions of a proposed development share a common boundary with existing agricultural properties, the following concepts for transitions and buffers shall be incorporated into the development proposal where feasible:

(1)

Orchards, Vineyards, and Groves: The incorporation of existing orchards, vineyards, and groves into new development as landscaping, or as passive open space is encouraged; however, the following provision shall be met:

(a)

All such trees that are located in a public right-of-way shall be approved for that purpose by the City Engineer/Public Works Director.

(b)

All trees within common areas shall be provided with the assurance of a continued maintenance mechanism, homeowners association, or special landscape district.

(Ord. No. 2008-1174, § 1(Exh. A), 5-5-2008)

1.

Purpose and intent. The specific purposes of the affordable housing density bonus and other incentives regulations are to:

a.

Allow for density bonuses and additional incentives, consistent with Government Code Section 65915, for the production of affordable housing for lower and moderate income households, for seniors and disabled persons, and for development that includes a childcare facility;

b.

Implement the policies of the general plan housing element to expand the provision of housing for lower and moderate income households, elderly residents and others with special housing needs; and

c.

Establish requirements for resale and rental controls to ensure that units remain affordable for at least thirty years or such other term as required by the City, consistent with State law.

2.

General provisions.

a.

State Law Governs: The provisions of this article shall be governed by the requirements of Government Code Section 65915, as amended. Where conflict occurs between the provisions of this article and state law, the state law shall govern.

b.

Land Use Compatibility: All affordable housing units shall be dispersed within market rate projects, whenever feasible. Affordable housing units within market rate projects shall be comparable with the design of market rate units in appearance, use of materials, and finished quality. Building forms, materials and proportions that are compatible with the character of the surroundings shall be used.

c.

Availability: Affordable housing units shall be constructed concurrently with, and made available for qualified occupants at the same time as the market rate housing units within the same project unless both the City and the developer agree to an alternative schedule for development.

d.

Effect of Granting Density Bonus: The granting of a density bonus shall not, in and of itself, require a general plan amendment, zoning change, or other discretionary approval.

e.

Income Levels: For purposes of determining income levels of households under this article, the City shall use the Kern County income limits in title 25, Section 6932 of the California Code of Regulations or other income limits adopted by the City council if the state department of housing and community development fails to provide timely updates of the income limits in the California Code of Regulations.

3.

Application requirements. An application for a density bonus, incentive, concession, waiver, modification, or revised parking standard pursuant to this article shall be submitted in conjunction with the project application and shall be processed concurrently with all other applications that may be required for the project. The application shall be submitted on a form provided by the City and shall include, at a minimum, the following information:

a.

Site plan showing the total number of units, the number and location of the units dedicated pursuant to California Government Code Section 65915(b), and the number and location of the proposed density bonus units;

b.

The level of affordability of the dedicated units;

c.

A description of any requested incentives, concessions, waivers or modifications of development standards, or modified parking standards and evidence demonstrating that the application of the subject standard or requirement would preclude construction of the project at the densities provided for in California Government Code Section 65915 and that the waiver or modification is necessary to make development of the project financially feasible at the densities provided for in California Government Code Section 65915;

d.

If a density bonus is requested for a land donation pursuant to California Government Code Section 65915(g), the application shall show the location of the land to be dedicated and provide evidence that the requirements of Section 65915(g) have been met, thus entitling the project to the requested density bonus; and

e.

If a density bonus is requested for construction of a childcare facility pursuant to California Government Code Section 65915(h), the application shall show the location and square footage of the proposed facility and provide evidence that the requirements of Section 65915(h) have been met, thus entitling the project to the requested density bonus.

4.

Application review procedure.

a.

Upon receipt of a complete application as outlined in Section 20.2.85.3 above, the request for a density bonus and/or development concession(s) shall be processed in conjunction with the appropriate project application(s). Upon acceptance of a complete application and a determination of project consistency with the California Environmental Quality Act (CEQA), the request shall be forwarded to the City of Delano Planning Commission to be considered at a noticed public hearing held in accordance with Section 20.2.140 of the Delano Municipal Code.

b.

Following the public hearing held pursuant to Section 20.2.85.4.a. above, the Planning Commission shall adopt a resolution recommending to the City of Delano City Council approval, approval with conditions or denial the related application based on written findings, or the Planning Commission may continue such hearing in order to receive additional information prior to making a recommendation on the application.

c.

Upon receipt of a recommendation from the Planning Commission on an application involving a request for a density bonus and/or development concession(s), the City Clerk shall schedule the matter for a noticed public hearing held in accordance with Section 20.2.140 of the Delano Municipal Code on the next available City Council agenda. The City Council shall approve, approve with conditions or deny the application based on written findings, or the City Council may continue such hearing in order to receive additional information prior to making a decision on the application. The decision of the City Council on the related application shall be final.

5.

Affordable housing density bonus.

a.

Minimum Density Bonus and Composition of Qualifying Projects: Pursuant to Government Code Section 65915, the City shall grant a density bonus in the following amounts over the otherwise allowable maximum residential density permitted by this chapter and the general plan, and one or more additional concessions or incentives, consistent with Government Code Section 65915 and this Section, if the applicant applies for and proposes to construct any one of the following:

(1)

Lower Income Units: A density bonus of twenty percent if ten percent of the total units of a housing development are affordable to lower income households, as defined in Section 50079.5 of the Health and Safety Code.

(2)

Very Low Income Units: A density bonus of twenty percent if five percent of the total units of a housing development are affordable to very low income households, as defined in Section 50105 of the Health and Safety Code.

(3)

Senior Citizen Housing Development: A density bonus of twenty percent if a housing development qualifies as a senior citizen housing development, as defined in Section 51.3 of the Civil Code, or a mobilehome park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code.

(4)

Moderate Income Units In Condominium and Planned Use Developments: A density bonus of five percent if ten percent of the total dwelling units in a condominium project, as defined in subdivision (f) of, or in a planned development, as defined in subdivision (k) of Section 1351 of the Civil Code, are affordable to persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code.

b.

Additional Sliding Scale Density Bonus: As provided for in Government Code Section 65915(g) the number of units to which the applicant is entitled may exceed the percentage specified in Subsection a. of this section under the following provisions:

(1)

Lower Income Dwellings: For each additional one percent increase above ten percent units affordable to lower income households, the density bonus shall be increased by one and one-half percent up to a maximum density bonus of thirty-five percent of the maximum allowable residential density for the site.

(2)

Very Low Income Dwellings: For each additional one percent increase above five percent in the proportion of units affordable to very low income households, the density bonus shall be increased by two and one-half percent, up to a maximum of thirty-five percent of the maximum allowable residential density for the site.

(3)

Condominium and Planned Development Units: For each additional one percent increase above ten percent units affordable to moderate income households, the density bonus shall be increased by one percent, up to a maximum of thirty-five percent of the maximum allowable residential density for the site.

(4)

Ten percent of the total dwelling units in a common interest development as defined in Section 1351 of the Civil Code for persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, provided that all units in the development are offered to the public for purchase.

c.

Qualifying Projects; Number of Units: The bonuses under Subsections a. and b. of this section are applicable to residential projects of five or more units, and senior housing projects of more than thirty-five units.

d.

Calculation of Density Bonus Units: When calculating the number of permitted density bonus units, all fractional units shall be rounded to the next higher whole number. The applicant who requests a density bonus for a project that meets two or more of the eligibility requirements shall specify whether the bonus shall be awarded on the basis of Subsections a.(1), a.(2), a.(3), or a.(4) of this Section. The density bonus shall not be included when determining the number of target units to be provided in a development project.

e.

Optional Density Bonus: The City may grant a proportionally lower density bonus and/or provide concessions and/or incentives set forth in Section 20.2.85(5)(a) "Affordable Housing Density Bonus", of this article, if an applicant agrees to construct a development containing less than the percentage of housing for lower or very low income households than provided in Subsection a. of this section.

6.

Affordable housing concessions and incentives.

a.

Number of Incentives or Concessions: Pursuant to Government Code Section 65915, an applicant is entitled to receive incentives and/or concessions as follows:

(1)

One incentive or concession for projects that include at least ten percent of the total units for lower income households, at least five percent for very low income households, or at least ten percent for persons and families of moderate income in a condominium or planned development; or

(2)

One incentive or concession for senior citizen housing developments; or

(3)

Two incentives or concessions for projects that include at least twenty percent of the total units for lower income households, at least ten percent for very low income households, or at least twenty percent for persons and families of moderate income in a condominium or planned development; or

(4)

Three incentives or concessions for projects that include at least thirty percent of the total units for lower income households, at least fifteen percent for very low income households, or at least thirty percent for persons and families of moderate income in a condominium or planned development.

(5)

The applicant who requests incentives or concessions for a mixed income project shall specify whether the incentives or concessions shall be awarded on the basis of Subsections a.(1), a.(2), a.(3), or a.(4) of this section.

b.

Proposal of Incentives and Findings: An applicant may propose specific incentives or concessions that would contribute significantly to the economic feasibility of providing affordable units pursuant to this article and state law. In addition to any increase in density to which an applicant is entitled, the City shall grant one or more incentives and/or concessions that an applicant requests, up to the maximum number of incentives and concessions required pursuant to Subsection a. of this section, unless the City makes a written finding that either:

(1)

The concession or incentive is not necessary in order to provide the proposed targeted units; or

(2)

The concession or incentive would have a specific adverse impact that cannot be feasibly mitigated on public health and safety or the physical environment or any property that is listed in the California Register of Historical Resources.

(3)

Notwithstanding the restriction in Subsection a.(5) of this section, the applicant may propose and the City may approve additional incentives and concessions for an eligible project that provides targeted units that meet two or more of the eligibility requirements based on a written finding that the additional incentives or concessions are necessary in order to make the project economically feasible.

c.

Types of Affordable Housing Incentives: Affordable housing incentives may consist of any combination of the items listed below:

(1)

Modification of Development Standards: Up to twenty percent in modification of site development standards or zoning code requirements that exceed minimum building code standards and fire code standards, including, but not limited to:

(a)

Reduced minimum lot sizes and/or dimensions.

(b)

Reduced minimum building setbacks and building separation requirements.

(c)

Reduced minimum outdoor and/or private usable open space requirements.

(d)

Increased maximum lot coverage.

(e)

Increased maximum building height.

(2)

Parking: Upon the applicant's request, the following maximum parking standards, inclusive of handicapped and guest parking, shall apply to the entire project. Further reductions in required parking may be requested as one of the incentives allowed under Subsection a. of this section:

(a)

One on-site space for studios to one bedroom units;

(b)

Two on-site spaces for two to three bedroom units; and

(c)

Two and one-half on-site spaces for four or more bedroom units.

(d)

For purposes of this section, at the applicant's request, on-site parking may be provided through tandem parking or uncovered parking but not through on-street parking.

(3)

Mixed Use Zoning: Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial or other land uses will reduce the cost of the housing development and such uses are compatible with the housing project and the surrounding area.

(4)

Other Incentives: Other regulatory incentives or concessions proposed by the developer or the City that result in identifiable cost reductions or avoidance.

7.

State childcare facility density bonus.

a.

Basic Requirements: When an applicant proposes to construct a housing development that conforms to the requirements of the state density bonus law and includes a childcare facility other than a family daycare home that will be located on the premises of, as part of, or adjacent to, the project, the City shall grant either of the following:

(1)

Additional Density Bonus: A density bonus of additional residential units equal in square footage to the amount of square feet of the childcare facility. The total density bonus including that granted pursuant to Section 20.2.85.5 of this Ordinance shall not exceed thirty-five percent of the otherwise permitted units within the development.

(2)

Additional Concession or Incentive: An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility.

b.

Conditions of Approval: The City shall require, as a condition of approving the housing development, that the following occur:

(1)

Length of Operation: The childcare facility remains in operation for a period of time that is as long as, or longer than the length of time during which the affordable housing units shall remain affordable.

(2)

Attending Children: The percentage of children of very low, low or moderate income households who attend the childcare facility shall be the same or greater than the percentage of dwelling units in the project that are required for households at each income level.

c.

Exceptions: The City shall not be required to provide a density bonus or concession for a childcare facility if it finds that, based upon substantial evidence, the community has adequate childcare facilities.

8.

Land donation. When an applicant for a residential development approval donates land to the City, the applicant shall be entitled to an additional increase in density over that granted pursuant to Section 20.2.85.5.a., in accordance with the provisions and subject to the requirements of Section 65915(g) of California Government Code.

9.

Condominium conversions.

a.

When an applicant for approval to convert apartments to a condominium project agrees to provide at least thirty-three percent of the total units of the proposed condominium project to persons and families of low or moderate income as defined in Section 50093 of the Health and Safety Code, or fifteen percent of the total units of the proposed condominium project to lower income households as defined in Section 50079.5 of the Health and Safety Code, and agrees to pay for the reasonably necessary administrative costs incurred by the City pursuant to this section, the City shall either: (1) grant a density bonus; or (2) provide other incentives of equivalent financial value. The City may place such reasonable conditions on the granting of a density bonus or other incentives of equivalent financial value as it finds appropriate, including, but not limited to, conditions which assure continued affordability of units to subsequent purchasers who are persons and families of low and moderate income or lower income households. The granting of such density bonus and/or other incentives shall be in accordance with the provisions and subject to the requirements of Section 65915.5 of the California Government Code.

b.

For purposes of this section, "density bonus" means an increase in units of twenty-five percent over the number of apartments, to be provided within the existing structure or structures proposed for conversion.

c.

For purposes of this section, "other incentives of equivalent financial value" shall not be construed to require the City to provide cash transfer payments or other monetary compensation but may include the reduction or waiver of requirements which the City might otherwise apply as conditions of conversion approval.

d.

An applicant for approval to convert apartments to a condominium project may submit to the City a preliminary proposal pursuant to this section prior to the submittal of any formal requests for subdivision map approvals. The City shall, within ninety days of receipt of a written proposal, notify the applicant in writing of the manner in which it will comply with this section. The City shall establish procedures for carrying out this section, which shall include City Council approval of the means of compliance with this section.

e.

Nothing in this section shall be construed to require the City to approve a proposal to convert apartments to condominiums.

f.

An applicant shall be ineligible for a density bonus or other incentives under this section if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were provided under Section 65915 of the Government Code.

10.

Continued affordability restrictions.

a.

Duration of Affordability: All affordable housing units shall be kept affordable for a minimum period of thirty years or such other term approved by the City, consistent with state law.

b.

Regulatory Agreement Required: All affordable housing projects shall be subject to the approval of an agreement pursuant to conforming to the provisions of Sections 65864 to 65869 of the Government Code. The terms of the agreement shall be reviewed and revised as appropriate by the City Attorney, who shall formulate a recommendation to the decision making body for final approval. This agreement shall include, but is not limited to the following:

(1)

Number of Units: The total number of units approved for the projects, including the number of affordable housing units.

(2)

Target Units: The location, unit sizes (in square feet) and number of bedrooms of the affordable housing units.

(3)

Household Income Group: A description of the household income groups to be accommodated by the project and a calculation of the affordable sales price.

(4)

Certification Procedures: The party responsible for certifying sales prices or annual rental rates, and the process that will be used for certification.

(5)

Schedule: A schedule for the completion and occupancy of the affordable housing units.

(6)

Required Term of Affordability: Duration of affordability of the housing units. Provisions shall also cover resale control and deed restrictions on targeted housing units that are binding on property upon sale or transfer.

(7)

Expiration of Agreement: Provisions covering the expiration of the agreement, including notice prior to conversion to market rate units and right of first refusal option for the City and/or the distribution of accrued equity for for-sale units.

(8)

Remedies for Breach: A description of the remedies for breach of the agreement by either party.

(9)

Other Provisions: Other provisions to ensure implementation and compliance with this article.

(10)

Condominium and Planned Developments: In the case of condominium and planned developments, the regulatory agreement shall provide for the following conditions governing the initial resale and use of affordable housing units:

(a)

Target units shall, upon initial sale, be sold to eligible very low, lower, or moderate income households at an affordable sales price and housing cost, or to qualified residents as defined by this chapter.

(b)

Target units shall be initially owner occupied by eligible very low or lower income households.

(c)

Upon resale, the seller of a target unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The City shall recapture its proportionate share of appreciation, which shall be used to promote home ownership opportunities as provided for in Health and Safety Code Section 33334.2. The City's proportionate share shall be equal to the percentage by which the initial sale price to the targeted household was less than the fair market value of the dwelling unit at the time of initial sale.

(11)

Rental Housing Developments: In the case of rental housing developments, the regulatory agreement shall provide for the following conditions governing the use of target units during the use restriction period:

(a)

The rules and procedures for qualifying tenants, establishing affordable rent rates, filling vacancies, and maintaining target units for qualified tenants.

(b)

Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this article.

(c)

Provisions requiring owners to submit an annual report to the City, which includes the name, address, and income of each person occupying target units, and which identifies the bedroom size and monthly rent or cost of each target unit.

(Ord. No. 2012-1243, § 1(Exh. A), 2-6-2012)

1.

The Community Development Director shall review and act upon all requests for temporary occupancy/land use permits, or extensions thereof, and the Planning Commission shall review and act upon all requests for temporary land use permits, or extension thereof. The Community Development Director, for temporary occupancy permits, and the Planning Commission, for temporary land use permits, shall approve or conditionally approve any such applications subject to the findings and standard conditions set forth in this Chapter.

2.

Those uses subject to a temporary occupancy permit include the following:

a.

Temporary real estate offices on the site of an approved subdivision where lots or houses are being offered for sale.

b.

Model home(s) on any lot within a tentatively approved subdivision consistent with the provisions of Title 16 (Subdivision Ordinance) of the Municipal Code.

c.

Construction trailers, commercial cargo/storage containers, temporary office buildings, and security personnel offices on construction sites for which a project has been approved and a building permit or grading permit has been issued by the City, subject to the provisions of this Chapter.

d.

On-site contractor's yard during the construction phase of an approved project for which a building permit or grading permit has been issued.

e.

Mobilehome or trailer occupied for security purposes during the construction phase of a project.

f.

Commercial cargo/storage containers ("Containers") may be placed by a temporary occupancy permit in only the GC, CRC, I, and CF zone districts, subject to the following conditions in a manner consistent with the provisions of this Chapter:

(1)

Said container(s) shall be adequately screened from view from any street, highway, or adjacent property in a manner consistent with the provisions of this Title.

(2)

In the GC and CF zone districts, one such Container shall be permitted for each seven thousand five hundred square feet of property up to a maximum of four such Containers; in the CRC and I zone districts, one such Container shall be permitted for each twenty thousand square feet of property up to a maximum of four such Containers.

(3)

Said Container(s) shall not be placed in a manner that will interfere with any required vehicular parking or maneuvering area(s) designated for the property.

(4)

In no instance may said Container(s) be placed on a parcel of land other than as an accessory/subordinate use to an existing and permitted primary land use.

(5)

Any container that has been located on a parcel of land for a period of ten years or more, upon the effective date of this Ordinance, may so remain and shall not be required to comply with the requirements of this Chapter unless a change of occupancy occurs or permits are issued by the City to expand, renovate, or improve the property or any structures on the property. In this instance, the requirements listed in subsections f.(1) through (4) above, shall apply.

3.

Those uses subject to a temporary occupancy/land use permit include the following:

In only the DC, NC, GC, CRC, I, or CF zone districts, excepting the provisions of Section 20.2.90.2.f. above, placement of temporary buildings, commercial cargo/storage containers, trailers, coaches and similar items may be permitted subject to an approved temporary land use permit.

4.

Temporary permits shall first be issued for a period of time not to exceed twelve months. Extensions to such permits may be granted for additional periods of time, each of which shall not exceed twelve months and shall comply with the procedures, findings and conditions specified by this Chapter.

a.

Temporary permits shall not be extended for a period of time that exceeds five years from the date of Planning Commission approval.

b.

The Community Development Director, for a temporary occupancy permit, or the Planning Commission, for a temporary land use permit, may approve such permits or extensions for shorter periods of time and shall approve such permits subject to conditions where required by this Title or where it is determined reasonable and necessary to do so.

c.

Prior to issuing a temporary occupancy permit or a temporary land use permit for an extension or renewal for the last allowed period of time, the permittee shall submit to and obtain approval by the Community Development Director or the Planning Commission, as applicable, of a plan to replace the subject temporary use with a legally established permanent use.

d.

A temporary use or structure that does not have a valid and current permit is hereby declared to be a public nuisance, subject to the enforcement provisions of this Title and other applicable laws.

e.

A change of ownership or operator of a use or structure, subject to a temporary occupancy permit or a temporary land use permit; or a change of structure or modification of the structure or use allowed on a parcel subject to a temporary occupancy permit or a temporary land use permit shall not affect the time periods established by this Chapter to allow such temporary uses or structures.

f.

When the last period of time allowed for a temporary occupancy permit or a temporary land use permit by this Chapter has lapsed, the temporary occupancy permit or temporary land use permit and any extension thereof shall be considered void and no new or additional temporary occupancy permits or temporary land use permits may be issued or reinstated for the temporary use or structure that was previously permitted.

5.

Cancellation of a Temporary Occupancy Permit.

a.

Noncompliance with the conditions set forth in approving the temporary occupancy permit shall be grounds for the Community Development Director to cancel and void any such temporary occupancy permit.

b.

The Community Development Director shall give notice of such an action to the permittee. The permittee may appeal such a decision to the Planning Commission by filing an appeal as specified in Section 20.2.180 of this Chapter.

(Ord. No. 2008-1174, § 1(Exh. A), 5-5-2008)

Editor's note— Ord. No. 2017-1294, § 1(Exh. 2), adopted November 20, 2017, repealed § 20.2.100, which pertained to temporary outdoor event permits and derived from Ord. No. 2013-1256, adopted April 2, 2013.

1.

Purpose and Intent. The purpose of this Section is to provide guidelines for the processing and review of tenant improvements to structures. Any proposed tenant improvement, which in its initial review indicates an increase in land use intensity, e.g., an increase in parking demand, may be subject to additional review as determined by the Building Official.

2.

Authority. The Building Official may approve tenant improvements that comply with the requirements, provisions and intentions of this Title.

3.

Findings. The Building Official may approve a tenant improvement if all of the following findings can be made:

a.

The improvement is permitted within the applicable district, pursuant to the provisions of this Title, and complies with all of the applicable provisions of this Title.

b.

The site for the proposed use is adequate in size, shape, topography, accessibility and other physical characteristics to accommodate the proposed use and development in a manner compatible with existing and proposed surrounding land uses; and

c.

The improvement will not be detrimental to the public health, safety or welfare, or adversely affect properties and improvements in the vicinity.

1.

Purpose. This Section is intended to limit the number and extent of nonconforming uses by regulating their enlargement, re-establishment after abandonment, and the alteration or restoration after destruction of the structures they occupy. In addition, this Section is intended to limit the number and extent of nonconforming structures by prohibiting their being moved, altered, or enlarged in a manner that would increase the discrepancy between existing conditions and the standards prescribed in this Title.

2.

Applicability. This Section shall apply to any site, structure, or use that was legally established, but does not conform to the provisions of this Title as originally adopted or as may be amended from time to time. "Nonconforming" refers to a legally established site that does not meet the minimum dimensional requirements of the applicable zone, or a legally established use that is not permitted by the applicable zone, a legally established structure that, by its size, architecture or location does not meet the standards of the applicable zone, or any combination thereof.

3.

Discontinuation of Nonconforming Use. Whenever a nonconforming use has been discontinued for a continuous period of one hundred eighty days or more, the nonconforming use shall not be re-established, and the use of the structure or site thereafter shall be in conformity with the regulations for the zone district in which it is located, provided that this Section shall not apply to the use of a nonconforming single-family dwelling located in a zone district that permits single-family dwellings. Discontinuation shall include termination of a use regardless of intent to resume the use.

4.

Continuation and Maintenance.

a.

Any nonconforming structure or use may be continued and maintained for the periods of time hereinafter set forth provided that there are no structural alterations, except as hereinafter provided:

(1)

Agricultural crops shall not be subject to the provisions of this Section; and/or

(2)

Agricultural uses that involve permanent structures shall be subject to the provisions of this Section; however, such uses shall be permitted to make any changes or improvements that are required by any State law or City ordinances, including structural alterations that are necessary as a part thereof.

b.

A structure or use may be maintained for the following periods of time after the effective date of the regulation or ordinance that established it as nonconforming:

(1)

Commercial and office uses such as those primarily permitted in commercial and employment districts: Thirty years.

(2)

Industrial uses such as those primarily permitted within industrial districts: Forty years.

c.

Any structure for which a building permit has been legally issued, and on which substantial construction has been performed in reliance thereon on the site before an amendment to the regulation or ordinance making the use or structure nonconforming, may be continued in accordance with the plans and specifications upon which the permit was issued, subject to the limitations of this Section.

d.

A property containing a legally established structure that does not conform with applicable development standards for front yards, side yards, rear yards, height, floor area of structures, or open space for the district in which the property is located shall be deemed to be a nonconforming structure and may be used and maintained as provided herein.

e.

A legally established sign as provided in Chapter 20.14 of this Title.

f.

Routine maintenance and repairs may be performed on a nonconforming use, structure, or sign.

5.

Alterations and Enlargements of Nonconforming Uses and Structures.

a.

A nonconforming use shall not be moved, altered, or enlarged unless required by law, or unless the moving, alteration, or enlargement will result in the elimination of the nonconformity.

b.

A nonconforming use shall not be enlarged or extended in such a way as to occupy any part of the structure or site or another structure or site that it did not occupy at the time it became a nonconforming use, or in such a way as to displace any conforming use occupying a structure or site.

c.

A nonconforming structure shall not be altered or reconstructed so as to increase the discrepancy between existing conditions and the standards for front yard, side yard, rear yard, height of structures, distances between structures, or usable open space prescribed in the regulations for the zone district in which the structure is located.

6.

Restoration of a Damaged Structure.

a.

Whenever a nonconforming structure is destroyed to the extent of fifty percent or less by fire, calamity, or act of God, the structure may be restored and the nonconforming use may be resumed, provided that restoration is started within one hundred twenty calendar days and diligently pursued to completion. When the destruction exceeds fifty percent, or the structure is voluntarily razed or is required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the zone district in which it is located, and the nonconforming use shall not be resumed.

b.

The extent of damage shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be reviewed and approved by the Building Official and shall be based on the minimum cost of construction in compliance with the most currently adopted City Building Code.

A.

Purpose. In accordance with federal and state fair housing laws, it is the purpose of this section to provide reasonable accommodations in the city's zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling.

B.

Review authority. The city manager or his/her designee, is hereby designated to approve, conditionally approve, or deny all applications for a reasonable accommodation. If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval, then an applicant may request that the city manager hear the request for a reasonable accommodation at the same time as the other discretionary permit or approval. If the applicant does not request a simultaneous hearing, then the request for a reasonable accommodation shall not be heard until after a final administrative decision has been made regarding the other discretionary permit or approval.

C.

Application for reasonable accommodation.

1.

Applicant. A request for reasonable accommodation may be made by any person with a disability, their representative, or a developer or provider of housing for individuals with a disability. A reasonable accommodation may be approved only for the benefit of one or more individuals with a disability.

2.

Application. An application for a reasonable accommodation from a zoning regulation, policy, or practice shall be made on a form provided by the community development department. No fee shall be required for a request for reasonable accommodation, but if the project requires another discretionary permit, then the prescribed fee shall be paid for all other discretionary permits.

3.

Other discretionary permits. If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval, then the applicant may file the request for reasonable accommodation together with the application for the other discretionary permit or approval. The processing procedures of the discretionary permit shall govern the joint processing of both the reasonable accommodation and the discretionary permit.

4.

Required submittals. In addition to materials required under other applicable provisions of this Code, an application for reasonable accommodation shall include the following:

a.

Documentation that the applicant is: (i) an individual with a disability; (ii) applying on behalf of one or more individuals with a disability; or (iii) a developer or provider of housing for one or more individuals with a disability.

b.

The specific exception or modification to the zoning code provision, policy, or practices requested by the applicant.

c.

Documentation that the specific exception or modification requested by the applicant is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence.

d.

Any other information that the community development director reasonably concludes is necessary to determine whether the findings required by Subsection B can be made, so long as any request for information regarding the disability of the individuals benefited complies with fair housing law protections and the privacy rights of the individuals affected.

D.

Decision.

1.

City manager action. The city manager or his/her designee shall issue a written determination to approve, conditionally approve, or deny a request for reasonable accommodation, and the modification or revocation thereof in compliance with this section. The reasonable accommodation request shall be heard with, and subject to, the notice, review, approval, and appeal procedures prescribed for any other discretionary permit; provided that, notwithstanding Section 20.2.180, the standard of review on appeal shall not be de novo and the city council shall determine whether the findings made by the city manager are supported by substantial evidence presented during the evidentiary hearing. The city council, acting as the appellate body, may sustain, reverse or modify the decision of the city manager or remand the matter for further consideration, which remand shall include specific issues to be considered or a direction for a de novo hearing.

2.

Findings. The written decision to approve, conditionally approve, or deny a request for reasonable accommodation shall be based on the following findings, all of which are required for approval:

a.

The requested accommodation is requested by or on behalf of one or more individuals with a disability protected under the fair housing laws.

b.

The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling.

c.

The requested accommodation will not impose an undue financial or administrative burden on the city as "undue financial or administrative burden" is defined in fair housing laws and interpretive case law.

d.

The requested accommodation will not result in a fundamental alteration in the nature of the city's zoning program, as "fundamental alteration" is defined in fair housing laws and interpretive case law.

e.

The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others.

In making these findings, the decision-maker may approve alternative reasonable accommodations which provide an equivalent level of benefit to the applicant.

3.

The city may consider, but is not limited to, the following factors in determining whether the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling:

a.

Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability.

b.

Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation.

c.

In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants.

d.

In the case of a residential care facility, whether the existing supply of facilities of similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting.

4.

The city may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the city's zoning program:

a.

Whether the requested accommodation would fundamentally alter the character of the neighborhood.

b.

Whether the accommodation would result in a substantial increase in traffic or insufficient parking.

c.

Whether granting the requested accommodation would substantially undermine any express purpose of either the city's general plan or an applicable specific plan.

d.

In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.

5.

Rules while decision is pending. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is subject of the request shall remain in full force and effect.

6.

Effective date. No reasonable accommodation shall become effective until the decision to grant such accommodation shall have become final by reason of the expiration of time to make an appeal. In the event an appeal is filed, the reasonable accommodation shall not become effective unless and until a decision is made by the city council on such appeal.

E.

Expiration, time extension, violation, discontinuance and revocation.

1.

Expiration. Any reasonable accommodation approved in accordance with the terms this section shall expire within twenty-four months from the effective date of approval or at an alternative time specified as a condition of approval unless:

a.

A building permit has been issued and construction has commenced;

b.

A certificate of occupancy has been issued;

c.

The use is established; or

d.

A time extension has been granted.

2.

Time extension. The city manager may approve a time extension for a reasonable accommodation for good cause for a period or periods not to exceed one year. An application for a time extension shall be made in writing to the community development director no less than thirty days or more than ninety days prior to the expiration date.

3.

Notice. Notice of the city manager's decision on a time extension shall be provided in writing. All written decisions shall give notice of the right to appeal and to request reasonable accommodation in the appeals process as set forth in Subsection E.4. below.

4.

Appeal of determination. A time extension for a reasonable accommodation shall be final unless appealed to the city council within fourteen calendar days of the date of mailing of the determination. An appeal shall be made in writing and shall be noticed and heard pursuant to the procedures established in Section 20.2.180 of this Code.

5.

Violation of terms. Any reasonable accommodation approved in accordance with the terms of this Code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith.

6.

Discontinuance. A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for one hundred eighty consecutive days. If the persons initially occupying a residence vacate, the reasonable accommodation shall remain in effect only if the community development director determines that: (1) the modification physically integrated into the residential structure and cannot easily be removed or altered to comply with the Code; and (2) the accommodation is necessary to give another disabled individual an equal opportunity to enjoy the dwelling. The community development director may request the applicant or his or her successor-in-interest to the property to provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within ten days of the date of a request by the city shall constitute grounds for discontinuance by the city of a previously approved reasonable accommodation.

7.

Revocation. Procedures for revocation shall be as prescribed by Section 20.2.190.

F.

Amendments. A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be treated as a new application. The community development director may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval.

(Ord. No. 2009-1207, § 1(Exh. A), 11-16-2009)

1.

Purpose and Intent. These provisions are intended to prescribe the procedure for filing applications for permits, appeals, amendments, and approvals when required or permitted by this Title.

2.

Application Forms. Requests for permits, appeals, amendments, approvals, and other actions required or permitted by this Title shall require that a completed application on a form provided by the Community Development Department be submitted to the Community Development Director in addition to any other materials, reports, dimensions, plans, or other information required to take an action on the application.

3.

Determination of Completeness. No application shall be processed pursuant to this Title prior to the determination by the Community Development Director that the application is complete. A completed application shall consist of:

a.

The application form with all applicable information included on, or attached to the form;

b.

The additional information, reports, dimensions drawings and other material specified on the application form;

c.

A description of how the proposed project or requested action is consistent with the goals, objectives, policies, programs, and other provisions of the adopted General Plan;

d.

Any other information or forms required for implementation of the California Environmental Quality Act pursuant to State and City Guidelines;

e.

Payment in full of the required fees for processing the application; and

f.

Other information as may be required on the application form, as prescribed by the Community Development Director.

The Community Development Director shall determine in writing the completeness of the application, and shall transmit this determination to the applicant within the time limits and in such form and content and with respect to such types of project applications as established by applicable State law and City regulation.

The statutory time periods for processing any applications pursuant to this Title, which are subject by State law to such time limits, shall commence upon the date the application is accepted as complete, as provided in the State law relative to review and approval of development projects.

4.

Additional Information. Notwithstanding procedures established in this Chapter for determination of completeness, the Community Development Director may request the applicant to submit additional information in the course of processing the application if such information could not have been anticipated as part of the original application. Such a request to clarify, amplify, correct, or otherwise supplement submitted information shall not invalidate the original determination that the application was complete at the time the determination was originally made. The Community Development Director may request any additional information needed to prepare adequate environmental documentation pursuant to City and State guidelines implementing the California Environmental Quality Act.

5.

Fees. The City Council may by resolution or ordinance establish, and from time to time amend, a schedule of fees for permits, appeals, amendments, and approvals required or permitted by this Title to reimburse the City for costs incurred as the result of this administration of the provisions of this Title.

6.

Who May File An Application. Unless otherwise specified in this Title, applications for permits and approvals pursuant to Chapter 20.2 of this Title may be made only by the affected property owner or the property owner's authorized agent or representative.

7.

Applicant Notification. At the time of filing an application, the Community Development Director shall inform the applicant that he or she may make a written request to receive notice from the City of any proposal to adopt or amend the General Plan, a Specific Plan, Zoning Ordinance, or an ordinance affecting building permits that may affect the application being filed. The applicant shall specify, in writing, the proposed action for which notice is requested. Prior to taking any of those actions, the Community Development Director shall give notice to any applicant who has requested notice of the type of action proposed and whose development proposal is pending before the City if the Community Development Director determines that the proposal is reasonably related to the applicant's pending development request.

8.

Consideration of Concurrent Applications. An application which is dependent on approval of a change of zone or other enabling application(s) shall be processed concurrently with such enabling application(s). The approval authority for such dependent application shall be vested with the body authorized to approve the enabling application(s).

9.

Environmental Review. No permit or approval shall be granted pursuant to this Title prior to the completion of applicable environmental review as required by City and State guidelines implementing the California Environmental Quality Act.

10.

Time Limit for Approving Applications.

a.

When required by State law, action shall be taken on projects requiring the preparation and certification of an Environmental Impact Report, within one year of the date the application was accepted as completed.

b.

When required by State law, final action shall be taken on projects that are exempt from the provisions of California Environmental Quality Act or that require the adoption of a Negative Declaration within one hundred five days of the date that the application was accepted as complete.

c.

Extension of the time limit for action on an application, as specified in the above paragraphs, may be granted if mutually agreed upon by the applicant and Community Development Director.

1.

Purpose. This Section defines procedures for conducting public hearings for applications pursuant to this Title unless otherwise specified in this Title. The purpose of this Section is to ensure public awareness and full open public discussion and debate regarding proposed actions pursuant to this Title.

2.

Public Hearing Date. Where required by State law, and unless otherwise specified in this Title, a public hearing on any application shall be scheduled before the Planning Commission or City Council on the earliest appropriate date.

3.

Notice of Hearings.

a.

Notice of public hearings shall be given as required by law by all of the following methods:

(1)

Publication in a newspaper of general circulation within the City at least ten calendar days prior to the public hearing;

(2)

Mailing at least ten calendar days prior to the public hearing, to all owners of property within a distance of three hundred feet from the exterior boundaries of the property involved in the application. For this purpose, the last known name and address of each property owner as contained in the records of the latest equalized Kern County Assessor rolls shall be used;

(3)

Mailing at least ten calendar days prior to the public hearing, or delivering at least ten calendar days prior to the public hearing, to each local agency expected to provide essential services or facilities to the project whose ability to provide those facilities and services may be significantly affected;

(4)

Mailing at least ten calendar days prior to the public hearing, or delivering at least ten calendar days prior to the public hearing, to the owner of the subject real property or to the owner's duly authorized agent, and to the project applicant and the applicant's authorized representative, if any;

(5)

Mailing at least ten calendar days prior to the public hearing to any person who has filed a written request with the Community Development Director and has provided the Community Development Director with a self-addressed stamped envelope for that purpose; and

(6)

Any other means prescribed by law, or desired by the City.

b.

Exceptions.

(1)

If the number of owners to whom notice is to be mailed or delivered pursuant to Subsection a.(2) above, herein, is greater than one thousand, in lieu of mailed or delivered notice may be provided by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation in the City at least ten days prior to the hearing.

(2)

For a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, such notice shall also be given, as required by law, by mail to each tenant of the subject property and, in addition to notice of the time and place of the public hearing, shall include notification of the tenant's right to appear and the right to be heard.

c.

The Community Development Director may require that additional notice of the hearing be given in any other manner he deems necessary or desirable to ensure that all notice requirements provided by law for the proposal are complied with.

d.

All notices of public hearings shall include a description of the project and the identity of the hearing body or officer(s), shall describe the property, the date, time and place of the scheduled hearing, shall make a statement that application and associated documents and environmental review are available for public inspection at a specified location, and the manner in which additional information and/or testimony may be received.

4.

Conduct of Public Hearings. Public hearings held pursuant to the provisions of this Title shall be held according to such public hearing rules as the City Council may, from time to time, adopt by resolution or ordinance.

(Ord. No. 2008-1174, § 1(Exh. A), 5-5-2008)

Unless otherwise specified, all permits and approvals granted pursuant to this Title shall run with the land, and shall continue to be valid upon a change of ownership of the site or structure to which it applies.

A decision that is subject to appeal shall not become effective for ten calendar days following the action by the appropriate decision making body in order to allow time for the filing of an appeal of the decision.

1.

Purpose and Intent. The Substantial Conformance Review process is intended to provide for an expedited review of minor, non-substantial revisions to existing approved development projects, including Site Plan Review, Conditional Use Permit, Variance, Design Review, Temporary Occupancy Permit and Temporary Land Use Permit, and other planning entitlements as determined by the Community Development Director. The Substantial Conformance Review process applies only to minor project design revisions such as those made necessary by physical site features or constraints, or the need to comply with project-specific conditions of approval or mitigation measures. A proposed Substantial Conformance may not materially alter the intent, character, development, intensity or increase the environmental effects of an approved development project.

2.

Authority. Authority for approval of a Substantial Conformance Review shall be vested in the Community Development Director. Should the Community Development Director determine that the proposed modification(s) exceeds the criteria stated in Section 20.2.165(1) of this ordinance, the proposal shall be reviewed in the same manner as the initial application, which may require consideration by the Planning Commission at a noticed public hearing. The decision of the Community Development Director may be appealed to the Planning Commission.

3.

Application. An application for Substantial Conformance Review shall be filed with the Community Development Department on forms provided by the department, and shall be completed with such information and materials as prescribed by the Community Development Director, with applicable fees as determined by separate resolution by the City Council.

4.

Procedure. Upon the decision of the Community Development Director, depending upon the degree and scale of the proposed project revision, the Substantial Conformance Review proposal may be transmitted for further review by the Community Development Department, including the planning and building divisions, the Engineering and Public Works Department, the Police Chief and the Kern County Fire Department. The proposal may be transmitted to such other city departments or external agencies as deemed necessary by the Community Development Director. Within fifteen days of filing of the application, the above-identified departments shall confer to review the proposal's compliance with the City's General Plan and all applicable ordinances and standards and, if found acceptable, determine conditions of approval or required revisions for the Substantial Conformance. Within twenty days of filing an adequate application, the project applicant shall be notified of the decision of the Community Development Director. Revised and/or additional conditions of approval or project revisions as determined necessary by the reviewing departments and agencies may be applied to the revised project design. If, on the basis of the foregoing review process, the Community Development Director denies approval of the Substantial Conformance Review, the applicant shall be notified in writing of the reasons for such denial.

(Ord. No. 2013-1265, § 1(Exh. A), 9-3-2013)

1.

Projects Not Subject to the Subdivision Map Act and/or Not Involving City Building Permits. Approvals for projects not subject to the Subdivision Map Act and/or not involving City building permits shall lapse and become void twelve months from the approval date, unless otherwise specified in this Title, unless a different expiration date is specifically established as a condition of approval to the extent permitted by law, unless a valid building permit is in effect in reliance upon the approved entitlement and substantial construction has commenced and is diligently pursued toward completion, or unless the property has been occupied and the approved use fully commenced.

2.

Extension of Time.

a.

Authority. An extension of time may be granted for projects approved under this Title, where substantial construction has not yet commenced or has not yet been completed or where the property has not yet been occupied and the approved use not fully commenced. Approvals for extension of time may only be granted by the original approving authority.

b.

Submittal of Extension Requests.

(1)

Extension requests for projects not subject to the Subdivision Map Act and/or not involving City building permits shall only be considered if filed with the Community Development Department no less than thirty calendar days nor more than ninety calendar days prior to the expiration date of the permit or approval.

(2)

A subdivider may request an extension for projects subject to the Subdivision Map Act by written application to the Community Development Director in accordance with the provisions of the Subdivision Map Act and Title 16 of the Municipal Code.

c.

Time Limits on Extensions. Extensions may not exceed a total of three years from the original date of expiration unless otherwise provided by law; and may be for shorter periods of time.

d.

Circumstances Under Which Extensions May Be Granted. An extension of the approval of a project may be granted only if it is found that granting of an extension will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

1.

Appeal of Action.

a.

Any person may appeal a decision of the Community Development Director to the Planning Commission where the Community Development Director's decision would otherwise be final.

b.

Any person may appeal a decision of the Planning Commission to the City Council where the Planning Commission's decision would otherwise be final.

2.

Filing of Appeals. Appeal application forms shall be made available at the office of the Community Development Department to all persons wishing to appeal an action included in this Title. Appeal applications shall be filed with the Community Development Department within ten calendar days following the date of action for which an appeal is made unless otherwise provided in this Title. If the last day to file falls on a holiday or on a Saturday or Sunday, the following business day shall be deemed the last day to act. Appeals shall be forwarded to the City Clerk by the Community Development Director.

3.

Appeal Hearings. Public notice of an appeal hearing shall be given in the manner in which the original notice was given. In the case of an appeal of a Community Development Director decision, notice shall be given pursuant to Section 20.2.140 of this Chapter.

4.

Effective Date of Appealed Actions. Except as otherwise provided for in this Title, an action that has been appealed shall not become effective until a final determination is made by the appropriate decision making body.

(Ord. No. 2008-1174, § 1(Exh. A), 5-5-2008)

1.

Purpose and Intent. In order to protect the public health, safety and welfare, and in order to enforce the provisions of this Title, it may, from time to time, become necessary to revoke a previously authorized approval or approved permit. The purpose of this Section is to provide a process for revoking approvals or permits to protect the public health, safety and welfare, as well as the rights to due process of permit holders within the City.

2.

Authority. Authority to revoke permits or approvals shall be vested with the appropriate decision making body that was the final approving authority in granting the permit or approval. A public hearing pursuant to Section 20.2.140 of this Chapter shall be required for revocation of permits or approvals. Notwithstanding the above, the Building Official shall have the authority to revoke building permits pursuant to the provisions of the Uniform Building Code.

3.

Required Findings. A permit or approval subject to revocation pursuant to the provisions of this Section may be revoked by the appropriate decision making body if any one of the following findings is made:

a.

That the permit or approval was obtained by misrepresentation or fraud;

b.

That the use for which the permit or approval was granted has ceased, and was suspended for six or more consecutive calendar months;

c.

That the conditions of the permit or approval have not been met or the permit or approval granted is being or has been exercised contrary to the terms of the permit or approval or in violation of any statute, ordinance, law, or regulation; or

d.

That the public health, safety and welfare can be served only by revocation.

4.

Notification and Time Limits for Correction.

a.

The Community Development Director shall notify the holder of the permit or approval in writing of a decision to initiate a pending revocation, shall state specifically the reasons for the proposed revocation, and shall provide a period of thirty calendar days for the holder to correct or show substantial progress toward correcting the defect(s) that serve as the basis for the proposed revocation. In the event said defects are not corrected within thirty calendar days from the date the notice is mailed, or substantial progress is not made during said thirty-day period and diligently continued until fully corrected, a public hearing date before the appropriate decision making body where applicable, shall be set pursuant to the provisions of Section 20.2.140 of this Chapter.

b.

In taking action to revoke a permit, the appropriate decision making body shall have the discretion to set the effective date of the revocation in order to allow the permit holder adequate and appropriate time in which to make necessary corrections.

(Ord. No. 2008-1174, § 1(Exh. A), 5-5-2008)