This article provides procedures and requirements for the preparation, filing, and initial processing of applications for the land use permits and other entitlements required by this Development Code. The provisions of this article and article V (Development Code Administration) are directory only.

(Ord. No. 02(1998), § 2, 11-3-98)

Table 4-1, Review Authority, identifies the city official or body responsible for reviewing and making decisions on each type of application, land use permit and other entitlements required by this Development Code.

TABLE 4-1
REVIEW AUTHORITY

Note: The director may defer action on permit applications and refer the item(s) to the commission for the final decision.

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 02(2000), 4-4-00; Ord. No. 07(2003), 12-2-03; Ord. No. 02(2021), § V, 9-21-21; Ord. No. 03(2024), § 14, 7-16-24)

(a)

Application contents. Applications for land use permits and other matters pertaining to this Development Code shall be filed with the department on a city application form together with all necessary fees and/or deposits, exhibits, maps, materials, plans, reports, and other information required by the department. Applicants are encouraged to contact the department before submitting an application to verify which materials are necessary for application filing.

(b)

Eligibility for filing. Applications may be filed by owners of property, lessees of property, authorized by written consent of the owners or persons who have contracted to purchase or lease the property contingent upon acquisition of necessary permits from the city, which application shall be accompanied by a copy of the contract. All three categories of applicants may be represented by an agent authorized in writing to file on behalf of the applicant.

(c)

Preapplication conference. A prospective applicant or agent is strongly encouraged to request a preapplication conference with the department before formal submittal of a permit application. The purpose of this conference is to inform the applicant of city requirements as they apply to the proposed development project, review the procedures outlined in this Development Code, explore possible alternatives or modifications, and identify necessary technical studies and required information relating to future environmental review. Neither the preapplication review nor the provision of information and/or pertinent policies shall be construed as a recommendation for approval or disapproval of the application/project by the department representative(s).

(d)

Filing date. The filing date of an application for a temporary use permit, administrative development review, development review, minor conditional use permit, conditional use permit, minor variance, or variance shall be the date on which the application is deemed complete by the director.

(Ord. No. 02(1998), § 2, 11-3-98)

(a)

Filing fees required. The council shall, by resolution, establish a schedule of fees for permits, entitlements, amendments, and other matters pertaining to this Development Code, hereafter referred to as the city's fee resolution. The schedule of fees may be changed or modified only by resolution of the council. The city's processing fees are cumulative. For example, if an application for a lot line adjustment also requires a minor variance, both fees will be charged. Also, specified projects may be subject to a deposit and an hourly rate, rather than a flat application fee(s), in compliance with the city's fee resolution. Processing shall not commence on an application until all required fees/deposits have been paid. Without the application fee, or a deposit if applicable, the application will not be deemed complete.

(b)

Refunds and withdrawals. Application fees are nonrefundable once an application has been scheduled for public hearing. In the case of a withdrawal of an application, the director may authorize a partial refund based upon the pro-rated costs to-date and determination of the status of the application at the time of withdrawal.

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 03(2024), § 15, 7-16-24)

All applications filed with the department, in compliance with this Development Code, shall be initially processed as follows:

(1)

Completeness review. The director shall review all applications for completeness and accuracy before they are accepted as being complete and officially filed.

(2)

a.

Notification of applicant.

1.

The department-prepared handouts specify the information required to be submitted by the applicant. This includes the information needed by the director to make a determination on the potential environmental impact(s) resulting from approval and implementation of the proposed project, in compliance with state law (Public Resources Code § 21080.1). This information shall be submitted before the director may find the application to be complete.

2.

The applicant shall be informed in writing within 30 days of submittal, either that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the letter, shall be provided.

3.

When an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness shall occur. The time available to an applicant for submittal of additional information is limited by subsection (2)c., below.

b.

Appeal of determination. Where the director has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the director is not required, the applicant may appeal the determination, in compliance with chapter 22.74 (Appeals).

c.

Expiration of application. If a pending application is not deemed complete within six months after the first filing with the department, the application shall expire and be deemed withdrawn, and any remaining deposit amount shall be refunded, subject to administrative processing fees.

d.

Additional information. After an application has been accepted as complete, the director may require the applicant to submit additional information needed for the review of the project.

(3)

Referral of application. At the discretion of the director, or where otherwise required by this Development Code, state or federal law, an application filed in compliance with this Development Code may be referred to any public agency that may be affected by or have an interest in the proposed land use activity.

(Ord. No. 02(1998), § 2, 11-3-98)

After acceptance of a complete application, the project shall be reviewed in compliance with the California Environmental Quality Act (CEQA), to determine whether the proposed project is exempt from the requirements of CEQA or is not a project as defined by CEQA, whether a negative declaration may be issued, or whether an environmental impact report (EIR) shall be required. These determinations and, where required, the preparation of EIRs, shall be in compliance with the CEQA guidelines.

(Ord. No. 02(1998), § 2, 11-3-98)

(a)

Evaluation and report.

(1)

The director shall evaluate all discretionary applications filed in compliance with this Development Code to determine whether they comply and are consistent with the provisions of this Development Code, other applicable provisions of the Municipal Code, the general plan, any applicable specific plan, neighborhood or area plans, and environmental review.

(2)

A staff report shall be prepared by the director that describes the conclusions/findings about the proposed land use and development. The report shall include recommendations on the approval, approval with conditions, or disapproval of the application, based on the evaluation and consideration of information provided by an initial study or environmental impact report.

(b)

Report distribution. Staff reports shall be furnished to applicants at the same time as they are provided to the hearing officer, or members of the commission and/or council, before a hearing on the application.

(Ord. No. 02(1998), § 2, 11-3-98)

Failure to follow the procedural requirements contained within this article and article V, not preempted by state law, shall not invalidate city actions.

(Ord. No. 02(1998), § 2, 11-3-98)

A zoning clearance is a ministerial process used by the department to determine that the proposed use is allowed in the subject zoning district and complies with the applicable development standards.

(Ord. No. 02(1998), § 2, 11-3-98)

(a)

Required. A zoning clearance shall be required prior to the issuance of the building, grading, or other construction permit, or other authorization required by the Municipal Code or this Development Code for the proposed use. Zoning clearances shall also be required for additions of 300 square feet or less, accessory structures, fences, walls and other similar structures/improvements. Where no other authorization is required, a request for zoning clearance shall be approved by the department before the commencement of any business or land use activity.

(b)

Development code compliance. The department shall issue the zoning clearance after determining that the request complies with all of the applicable standards and provisions for the category of use in the zoning district of the subject parcel, in full compliance with this Development Code.

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 07(2003), 12-2-03)

A plot plan review is a ministerial process used by the department to review residential, commercial, industrial and institutional development to determine whether the proposed use and/or development is allowed in the subject zoning district and complies with the applicable development standards.

(Ord. No. 07(2003), 12-2-03)

(a)

Required. A plot plan review shall be required prior to the issuance of a building, grading, or other construction permit, or other authorization required by the Municipal Code or this Development Code. A plot plan review shall also be required for additions of 301 square feet or larger and less than 50 percent of the existing habitable floor area of all existing structures on the site in residential zoning districts, retaining walls, and similar structures/improvements. Where no other authorization is required, a request for plot plan review shall be approved by the department before the commencement of any business or land use activity.

(b)

Development code compliance. The department shall issue a plot plan review after determining that the request complies with all of the applicable standards and provisions for the category of use in the zoning district of the subject parcel and in full compliance with this Development Code.

(Ord. No. 07(2003), 12-2-03; Ord. No. 03(2024), § 16, 7-16-24)

(a)

The purpose of this chapter is to establish the consistency of new development with the general plan through the promotion of high aesthetic and functional standards to complement and add to the economic, physical, and social character of the city. General plan objective 3.2 states, "Ensure that new development and intensification of existing development yields a pleasant living, working, or shopping environment and attracts the interest of residents, workers, shoppers, and visitors as the result of consistent exemplary design."

This chapter establishes procedures for reviewing residential, commercial, industrial, and institutional development to facilitate review in a timely and efficient manner, and to ensure that development projects comply with all applicable design guidelines, standards, and minimize adverse effects on surrounding properties and the environment.

(b)

This chapter is not intended to restrict imagination, innovation or variety, but rather to focus on design principles which can result in creative, imaginative solutions and a quality design for the city. It is, therefore, the purpose of this chapter to:

(1)

Recognize the interdependence of land values and aesthetics and provide a method by which the city may implement this interdependence to its benefit;

(2)

Encourage the orderly and harmonious appearance of structures and property within the city along with associated facilities (e.g., landscaping, parking areas, and signs). Also encourage the orderly development of residences within areas more readily served by public services;

(3)

Assist developers to understand the public's concerns for the aesthetics of development;

(4)

Ensure that new developments, including residential, commercial, industrial and institutional, do not have an adverse aesthetic, health, safety or architecturally related impact on the community;

(5)

Limit the impact of slopes on adjacent developed properties and limit construction in identified seismic or geologic hazard areas. Also, minimize the effects of grading by discouraging mass grading and excessive slopes to ensure that the natural character of the terrain is retained;

(6)

Preserve significant topographic features, including rock outcroppings, native plant materials and natural hydrology while also encouraging improved drainage from parcels directly to a street, storm drain or through public or private easements;

(7)

Encourage the use of a variety of housing designs, split-level grading techniques, varied parcel sizes and densities, maintenance of views, and arrangement and spacing of units to accomplish adopted grading policies;

(8)

Encourage the development of master planned projects which provide for the service needs of the residents of those projects; and

(9)

Encourage use of energy conservation techniques in new developments.

(Ord. No. 02(1998), § 2, 11-3-98)

(a)

Development review. An application for development review is required for commercial, industrial, and institutional development, and residential projects that propose one or more single-family dwelling units (detached or attached) or multiple-family dwelling units and that involve the issuance of a building permit for construction or reconstruction of a structure(s) meeting the following criteria:

(1)

New construction on a vacant lot and new structures, additions to structures and reconstruction projects which are equal to 50 percent of the existing habitable floor area of all existing structures on site or greater, or have 5,001 square feet or more of combined gross floor area in any commercial, industrial and institutional development; or

(2)

Projects involving a substantial change or intensification of land use (e.g., the conversion of existing structure to a restaurant, or the conversion a residential structure to an office or commercial use);

(3)

Residential, commercial, industrial or institutional projects proposed upon a descending slope abutting a public street.

(b)

Administrative development review. An application for administrative development review, in compliance with section 22.48.030, below, is required for residential, commercial, industrial, and institutional development that involve the issuance of a building permit for construction or reconstruction of a structure(s) meeting the following thresholds of review:

(1)

Commercial, industrial, and institutional developments that propose up to 5,000 square feet of combined floor area; or

(2)

Projects that do not meet the specific criteria identified in section 22.48.020(a), above.

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 07(2003), 12-2-03; Ord. No. 06(2013), § 3(Exh. A), 9-3-13; Ord. No. 07(2013), § 3(Exh. A), 9-17-13)

(a)

Review with other permits. Development review and administrative development review applications for projects that also require the approval of another discretionary permit (e.g., conditional use permit, variance, etc.) shall be acted upon concurrently with the discretionary permit and the final determination shall be made by the highest level of review authority in compliance with Table 4-1, Review Authority. The review authority may approve, or approve with conditions, the permit based upon the findings outlined in section 22.48.040 (Findings and decision).

(b)

Factors to be considered. In conducting the review for a particular project, the director or commission shall consider the location, design, site plan configuration and the overall effect of the proposed project upon surrounding properties and the city in general. Review shall be conducted by comparing the proposed project to applicable general plan policies, any applicable specific plan, development standards, design guidelines, and other applicable ordinances for the city.

(c)

Notice and hearings. An application for a development review or administrative development review will be scheduled for a public hearing once the department has determined the application complete. Noticing of the public hearing will be given in compliance with chapter 22.72 (Public Hearings).

(d)

Record of decision. Upon completion of the public hearing, the review authority shall announce and record the decision within 21 days following the conclusion of the public hearing. The decision shall contain the findings required in section 22.48.040, below. A copy of the resolution shall be mailed to the applicant.

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 03(2024), § 17, 7-16-24)

A development review application shall be reviewed by the applicable review authority identified in section 22.48.050 (Responsibility for development review), below and shall not be approved, with or without conditions, unless all of the following findings are made:

(1)

The design and layout of the proposed development are consistent with the general plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments);

(2)

The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards;

(3)

The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by this chapter, the general plan, or any applicable specific plan;

(4)

The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color, and will remain aesthetically appealing;

(5)

The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative effect on property values or resale(s) of property) to the properties or improvements in the vicinity; and

(6)

The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA).

(7)

For projects utilizing the affordable housing density bonus provisions in section 22.18.010, the proposed project meets the requirements of section 22.18.010.

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 04(2005), § B, 3-15-05; Ord. No. 04(2013), § 6, 6-18-13)

(a)

Planning commission. The commission is authorized to impose conditions which may include the following:

(1)

Requirements for open spaces, screening and buffering of adjacent properties, fences, and walls;

(2)

Requirements for installation and maintenance of landscaping and erosion control measures;

(3)

Requirements for street improvements and dedications, regulation of vehicular ingress and egress, and traffic circulation;

(4)

Regulation of hours or other characteristics of operation;

(5)

Requirements for maintenance of on-site improvements;

(6)

Establishment of development schedules or time limits for performance or completion; and

(7)

Other conditions necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare and necessary to make the findings required by section 22.48.040 (Findings and decision) above.

(b)

Administrative development review—Director. The director is authorized to impose conditions which may include those areas listed in section 22.48.050(a), above. If, in the opinion of the director, the application involves unusual site development requirements or unique operating characteristics, or raises questions of development policy pertaining to applications for administrative development review and that require commission consideration, the director shall defer and refer the application to the commission for review and decision.

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 03(2024), § 18, 7-16-24)

Procedures relating to appeals, issuance of a building permit, performance guarantee, and revocation as identified in article V (Development Code Administration), in addition to those identified in chapter 22.66 (Permit Implementation and Time Extensions), shall apply following the approval of a development review or administrative development review application.

(Ord. No. 02(1998), § 2, 11-3-98)

The purpose of this chapter is to provide a process for reviewing proposed temporary uses to ensure basic health, safety, and community welfare standards are met, and approving suitable temporary uses with the minimum necessary conditions or limitations consistent with the temporary nature of the use. A temporary use permit allows short-term activities that might not meet the standards ordinarily applicable to the zoning district, but may otherwise be acceptable because of their temporary nature.

(Ord. No. 02(1998), § 2, 11-3-98)

The following temporary uses are exempt from the requirement for a temporary use permit. Uses that do not fall within the categories defined below shall comply with section 22.50.030 (Allowed temporary uses).

(1)

Car washes. Car washes, limited to two days each month for each sponsoring organization. Sponsorship shall be limited to educational, fraternal, religious or service organizations directly engaged in civic or charitable efforts, on nonresidential properties.

(2)

Construction yards. On-site contractors' construction yards, in conjunction with an approved construction project. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion building permit, authorizing the construction project.

(3)

Emergency facilities. Emergency public health and safety needs/land use activities.

(4)

Public property. Events that are to be conducted on public property, and which are approved by the council (e.g., annual civic events, educational demonstrations, etc.).

(5)

Similar temporary uses. Other temporary uses which, in the opinion of the director, are similar to those identified in this section.

(Ord. No. 02(1998), § 2, 11-3-98)

A use or activity that would require a conditional use permit under this title if established as a permanent use is not eligible for a temporary use permit and is not permitted as a temporary use under this chapter. The following temporary uses may be allowed subject to issuance of a temporary use permit by the director:

(1)

Car washes. Car washes, more than two days each month for each sponsoring organization. Sponsorship shall be limited to educational, fraternal, religious or service organizations directly engaged in civic or charitable efforts.

(2)

Construction yards. Off-site contractors' construction yards, in conjunction with an approved construction project. The permit shall expire upon completion of the construction project, or the expiration of the companion building permit, authorizing the construction project.

(3)

Events. Arts and crafts exhibits, carnivals, concerts, fairs, farmer's markets, festivals, food events, sidewalk sales, outdoor entertainment/sporting events and rodeos for a maximum of ten consecutive days, or six weekends, within a 12-month period.

(4)

Helipads. The temporary establishment and use of a helipad for up to three days.

(5)

Movie on-location filming activities. The temporary use of a specified and approved on-location site for the filming of movie(s). The director shall find that the approval will not result in a frequency of use likely to create incompatibility between the temporary filming activity and the surrounding area.

(6)

Outside displays/sales. The temporary outdoor display/sales of new merchandise (except as provided below) by an adjoining business or in connection with an event permitted by paragraph (c) of this section, in compliance with section 22.42.080 (outdoor display and sales). The display and/or sale of used merchandise or goods is prohibited except for a business located in the city that as part of the ordinary business operation sells used merchandise or goods.

(7)

Residence. A mobile home as a temporary residence of the property owner when a valid building permit for a new single-family dwelling is in force. The permit may be approved for up to one year, or upon expiration of the building permit, whichever occurs first.

(8)

Seasonal sales lots. Seasonal sales activities (e.g., Halloween, Thanksgiving, Christmas) including temporary residence/security trailers, on nonresidential properties, for up to 30 days.

(9)

Temporary real estate sales offices. A temporary real estate sales office may be established within the area of an approved development project, solely for the first sale of homes. An application for a temporary real estate office may be approved for a maximum time period of one year from the date of approval.

(10)

Temporary structures. A temporary classroom, office or similar structure, including a manufactured or mobile unit, may be approved, for a maximum time period of one year from the date of approval, as an accessory use or as the first phase of a development project. An additional time period may be authorized with minor conditional use permit approval, in compliance with chapter 22.56 (Minor Conditional Use Permits).

(11)

Temporary work trailers. A trailer or mobile home used as a temporary work site for employees of a business:

a.

During construction or remodeling of a permanent commercial or manufacturing structure, when a valid building permit is in force; or

b.

Upon demonstration by the applicant that the temporary work site is a short-term necessity, while a permanent work site is being obtained.

A permit for temporary trailer(s) may be granted for up to one year.

(12)

Similar temporary uses. Other temporary uses which, in the opinion of the director, are similar and compatible with the zoning district and surrounding land uses.

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 05(2002), §§ 1—3, 4-2-02)

An application for a temporary use permit shall be filed in compliance with chapter 22.44 (Applications, Processing, and Fees). It is the responsibility of the applicant to establish evidence in support of the findings required by section 22.50.060 (Action by the director), below. An application for a temporary use permit shall be made on a form prescribed by the director and filed with the department. The application shall be accompanied by the following:

(1)

Illustrations. Sketches or drawings, dimensioned and to scale, of sufficient size and clarity to show the following: size and location of the property, location of the adjacent street(s), location and approximate size of all structures on the site, signs, location and number of off-street parking spaces and drive aisles, location of entrances and exits and temporary fences or structures (e.g., canopies, lights, tents, trailers, etc.) to be installed as part of the temporary use; and

(2)

Statement of operations. A letter describing the hours of operation, days that the temporary use will be on the site, number of people staffing the use during operation, anticipated number of people using the facility during operation, and other information about the operation of the use that pertains to the impact of the use on the community or on adjacent uses.

(Ord. No. 02(1998), § 2, 11-3-98)

Standards for setbacks, heights, floor areas, off-street parking, landscaping areas, and other structure and property development standards that apply to the category of use or the zoning district of the subject site shall be used as a guide for determining the appropriate development standards for temporary uses. However, the director may authorize an adjustment from the specific requirements as deemed necessary or appropriate.

(Ord. No. 02(1998), § 2, 11-3-98)

A temporary use permit may be approved, modified, conditioned, or disapproved by the director, without the requirement for a noticed public hearing. The director shall not approve, modified, or conditionally approved a temporary use permit application, for up to one year, unless all of the following findings can be made:

(1)

The establishment, maintenance or operation of the temporary use will not be detrimental to the public health, safety or welfare of persons residing or working in the neighborhood of the proposed use;

(2)

Approved measures for removal of the use and site restoration have been required to ensure that no changes to the site will limit the range of possible future land uses otherwise allowed by this Development Code; and

(3)

The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA).

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 04(2005), § B, 3-15-05)

(a)

General procedures. Procedures relating to appeals, performance guarantee, and revocation as identified in article V (Development Code Administration), in addition to those identified in chapter 22.66 (Permit Implementation and Time Extensions), shall apply following the approval of a temporary use permit application.

(b)

Condition of the site following temporary use. Each site occupied by a temporary use shall be cleaned of debris, litter, or other evidence of the temporary use on completion or removal of the use, and shall thereafter be used in compliance with the provisions of this Development Code. A bond may be required before initiation of the use to ensure cleanup after the use is finished.

(Ord. No. 02(1998), § 2, 11-3-98)

The purpose of this chapter is to allow for a minor variance of the development standards identified in this Development Code. The maximum allowable variances are specifically identified in section 22.52.020 (Applicability), below.

(Ord. No. 02(1998), § 2, 11-3-98)

An application for a minor variance may be filed with the department in compliance with chapter 22.44 (Applications, Processing, and Fees), and may be considered by the director, governing only the following development standards:

(1)

Building site area. A decrease, of not more than ten percent, in the required building site area, but not the pad size;

(2)

Setback/yard area. A decrease, of not more than 20 percent, in the required setback/yard area for structures, landscaping, swimming pools/spas and equipment;

(3)

Distances between structures. A decrease, of not more than 20 percent, in the allowed distances between detached accessory structures and main structures;

(4)

Off-street parking. A decrease, of not more than 20 percent, in the number of required off-street parking spaces;

(5)

Structure height. An increase, of not more than ten percent, in the maximum allowed structure height;

(6)

Fence or wall height. An increase, of not more than 30 percent, in the maximum allowed height of a fence or wall, in compliance with chapter 22.20 (Fences, Hedges, and Walls) and subject to city approved structural design standards. Retaining walls may be allowed an increase of up to eight feet, depending on topographic constraints and the director's determination that the wall is needed to implement the approved grading plan/permit for the subject parcel;

(7)

Projections. An increase, of not more than 20 percent, in the allowed projection of canopies, cornices, eaves, fireplaces, landings, masonry chimneys, overhangs, raised porches, stairways, and steps into a required setback/yard area, in compliance with section 22.16.090 (Setback regulations and exceptions); and

(8)

Other standards. The director shall also be allowed to vary other standards including minor operational/performance standards relating to dust, glare, hours of operation, landscaping, light, noise, parking, etc.

A request which exceeds the limitations outlined in this section shall require the filing of a variance application, in compliance with chapter 22.54.

(Ord. No. 02(1998), § 2, 11-3-98)

(a)

Filing. An application for a minor variance shall be completed, filed, and processed in compliance with chapter 22.44 (Applications, Processing, and Fees). It is the responsibility of the applicant to establish evidence in support of the findings required by section 22.52.040 (Findings and decision).

(b)

Project review procedures. Each application shall be analyzed by the department to ensure that the application is consistent with the purpose and intent of this chapter.

(Ord. No. 02(1998), § 2, 11-3-98)

The director, without the requirement for a noticed public hearing, shall record the decision in writing with the findings on which the decision is based, in compliance with state law, or may refer the application to the commission. A minor variance application shall not be approved, modified, conditioned, or disapproved by the director, unless all the following findings can be made:

(1)

General findings.

a.

There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non-self-created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards;

b.

Granting the minor variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the minor variance is sought;

c.

Granting the minor variance is consistent with the general plan and any applicable specific plan;

d.

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

e.

The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA).

(2)

Findings for off-street parking reductions. A minor variance to reduce the required amount of off-street parking shall only be approved when the following findings can be made:

a.

The intent of the parking regulations, which is to ensure that sufficient parking will be provided to serve the use intended and potential future uses of the subject site, is preserved; and

b.

A parking permit is approved in compliance with section 22.30.050 (Reduction of off-street parking requirements for shared uses).

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 04(2005), § B, 3-15-05)

In approving a minor variance, the director may impose conditions deemed necessary to ensure that the approval will be in compliance with the findings required by section 22.52.040 (Findings and decision), above.

(Ord. No. 02(1998), § 2, 11-3-98)

Procedures relating to appeals, issuance of a building permit, performance guarantee, and revocation as identified in article V (Development Code Administration), in addition to those identified in chapter 22.66 (Permit Implementation and Time Extensions), shall apply following the approval of a minor variance application.

(Ord. No. 02(1998), § 2, 11-3-98)

The purpose of this chapter is to allow for adjustment from the development standards of this Development Code. The adjustment may only be granted when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other conditions, the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary, and non-self-created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards.

Approved variances shall be subject to conditions that will ensure that the variances do not constitute a granting of special privilege(s) inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is situated.

(Ord. No. 02(1998), § 2, 11-3-98)

An application for a variance may be filed with the department in compliance with chapter 22.44 (Applications, Processing, and Fees). A public hearing is required for all variances, which shall be considered by the commission.

The commission may grant a variance from the requirements of this Development Code governing only the following development standards, unless otherwise specified in this Development Code:

(1)

Dimensional standards. Dimensional standards including distance-separation requirements, parcel area, building site area/coverage, fence and wall requirements, landscape and paving requirements, lighting, parcel dimensions, off-street parking areas, loading spaces, open space, setbacks, structure heights, etc.

(2)

Off-street parking and loading. Number of off-street parking spaces, loading spaces, landscaping, etc.

(3)

Signs. Sign regulations (other than prohibited signs);

(4)

Exceeds limits for minor variance. Any development standard specified in section 22.54.020 (applicability), where the requested adjustment exceeds the maximum limits for a minor variance; and

(5)

Other standards. Other standards including dust, glare, hours of operation, landscaping, light, noise, number of employees, parking, etc.

(Ord. No. 02(1998), § 2, 11-3-98)

(a)

Filing. An application for a variance shall be completed, filed, and processed in compliance with chapter 22.44 (Applications, Processing, and Fees). It is the responsibility of the applicant to establish evidence in support of the findings required by section 22.54.040 (Findings and decision), below.

(b)

Project review procedures. Each application shall be analyzed by the department to ensure that the application is consistent with the purpose and intent of this chapter.

(c)

Notice and hearings. An application for a variance will be scheduled for a public hearing once the department has determined the application complete. Noticing of the public hearing will be given in compliance with chapter 22.72 (Public Hearings).

(Ord. No. 02(1998), § 2, 11-3-98)

Following a public hearing, the commission shall record the decision in writing with findings on which the decision is based, in compliance with state law. The commission shall not approve a variance application with or without conditions unless all of the following findings can be made:

(1)

General findings.

a.

There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary, and non-self-created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards;

b.

Granting the variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the variance is sought;

c.

Granting the variance is consistent with the general plan and any applicable specific plan;

d.

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

e.

The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA).

(2)

Findings for off-street parking reductions. A variance to reduce the required amount of off-street parking shall only be approved when the following findings can be made:

a.

The intent of the parking regulations, which is to ensure that sufficient parking will be provided to serve the use intended and potential future uses of the subject site, is preserved; and

b.

A parking permit is approved in compliance with section 22.30.050 (Reduction of off-street parking requirements for shared uses).

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 04(2005), § B, 3-15-05)

In approving a variance, the commission may impose conditions deemed necessary to ensure that the approval will be in compliance with the findings required by section 22.54.040 (Findings and decision), above.

(Ord. No. 02(1998), § 2, 11-3-98)

Procedures relating to appeals, issuance of a building permit, performance guarantee, and revocation as identified in article V (Development Code Administration), in addition to those identified in chapter 22.66 (Permit Implementation and Time Extensions), shall apply following the approval of a variance application.

(Ord. No. 02(1998), § 2, 11-3-98)

The purpose of this chapter is to provide a process for reviewing minor conditional use permit applications which are intended to allow for specified activities and uses as identified in the various zoning districts whose effect on the surrounding area cannot be determined before being proposed for a particular location. Applications for minor conditional use permits will be reviewed for the location, design, configuration and potential impacts to ensure that the proposed use will protect the public health, safety and welfare.

(Ord. No. 02(1998), § 2, 11-3-98)

An application for a minor conditional use permit may be filed with the department in compliance with chapter 22.44 (Applications, Processing, and Fees) for a specified land use that is allowed within a particular zoning district with the approval of a minor conditional use permit. A public hearing is required for all minor conditional use permits, which shall be considered by the director.

Minor conditional use permits may be granted for only the following activities, in addition to those listed in article II (Zoning Districts and Allowable Land Uses) as requiring a minor conditional use permit:

(1)

Expansion of a use. Exterior expansion of an existing use that normally requires the approval of a conditional use permit in compliance with chapter 22.58 (Conditional Use Permits) in an existing development where there would be no change of occupancy or primary use, there would be no expansion of interior floor area, and the request would not alter the original intent of the project or site;

(2)

Expansion of a nonconforming structure. Expansion of a nonconforming structure, either within the existing perimeter of the structure or on adjoining portions of the subject site, in compliance with section 22.68.030(b) (article V) (Changes to a Structure);

(3)

Events. Arts and crafts exhibits, farmer's markets, and flea markets conducted at the same location on a semi-regular basis (e.g., the first Sunday of each month);

(4)

Maintenance and repairs to a nonconforming structure.

a.

Minor. Minor maintenance and repairs to a nonconforming structure, when required structural alteration work exceeds 25 percent of the appraised/replacement value of the structure, as shown in the county assessor's records, in compliance with section 22.68.030(e) (Maintenance and repairs); and

b.

Major. Major repairs to a nonconforming structure, when the cost of repairing or replacing the damaged portion of the structure exceeds 50 percent of the appraised/replacement value of the structure, as shown in the county assessor's records, before damage or destruction, in compliance with section 22.68.050(b)(2) (Termination by destruction).

(5)

Temporary enclosed storage. Temporary enclosed storage, unrelated to a construction project, that may be approved for a time period exceeding one year from the date of approval; and

(6)

Temporary structures. A temporary classroom, office, or similar structure, including a manufactured or mobile unit, which may be approved for a time period exceeding one year from the date of approval, as an accessory use or as the first phase of a development project.

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 03(2024), § 19, 7-16-24)

(a)

Filing. An application for a minor conditional use permit shall be completed, filed and processed in compliance with chapter 22.44 (Applications, Processing, and Fees). It is the responsibility of the applicant to establish evidence in support of the findings required by section 22.56.040 (Findings and decision), below.

(b)

Project review procedures. Each application shall be analyzed by the department to ensure that the application is consistent with the purpose and intent of this chapter.

(c)

Notice and hearings. Upon receipt of a minor conditional use permit application in proper form, the director shall hold at least one public hearing, in compliance with chapter 22.72 (Public Hearings).

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 03(2024), § 20, 7-16-24)

Following a public hearing, the director shall record the decision in writing with the findings on which the decision is based, or may refer the application to the commission. The minor conditional use permit application shall not be approved, with or without conditions, unless all of the following findings can be made:

(1)

The proposed use is allowed within the subject zoning district with the approval of a minor conditional use permit and complies with all other applicable provisions of this Development Code and the Municipal Code;

(2)

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

(3)

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

(4)

The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints;

(5)

Granting the minor conditional use permit will not be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to persons, property or improvements in the vicinity and zoning district in which the property is located; and

(6)

The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA).

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 04(2005), § B, 3-15-05; Ord. No. 03(2024), § 21, 7-16-24)

In approving a minor conditional use permit, the director may impose conditions deemed necessary to ensure that the approval will be in compliance with the findings required by section 22.56.040 (Findings and decision), above.

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 03(2024), § 22, 7-16-24)

(a)

General procedures. Procedures relating to appeals, performance guarantee, and revocation as identified in article V (Development Code Administration), in addition to those identified in chapter 22.66 (Permit Implementation and Time Extensions), shall apply following the approval of a minor conditional use permit application.

(b)

Run with the land. The minor conditional use permit that is valid and in effect, and was granted in compliance with the provisions of this chapter, shall run with the land and continue to be valid upon a change of ownership of the land or any lawfully existing structure on the land.

(Ord. No. 02(1998), § 2, 11-3-98)

The purpose of this chapter is to provide a process for reviewing conditional use permit applications which are intended to allow for specified activities and uses as identified in the various zoning districts whose effect on the surrounding area cannot be determined before being proposed for a particular location. Applications for conditional use permits will be reviewed for the location, design, configuration and potential impacts to ensure that the proposed use will protect the public health, safety and welfare.

(Ord. No. 02(1998), § 2, 11-3-98)

An application for a conditional use permit may be filed with the department, in compliance with chapter 22.44 (Applications, Processing, and Fees), for a specified land use that is listed in article II (Zoning Districts and Allowable Land Uses) as requiring a conditional use permit. A public hearing is required for all conditional use permits, which shall be considered by the commission.

(Ord. No. 02(1998), § 2, 11-3-98)

(a)

Filing. An application for a conditional use permit shall be completed, filed, and processed in compliance with chapter 22.44 (Applications, Processing, and Fees). It is the responsibility of the applicant to establish evidence in support of the findings required by section 22.58.040 (Findings and decision), below.

(b)

Project review procedures. Each application shall be analyzed by the department to ensure that the application is consistent with the purpose and intent of this chapter.

(c)

Notice and hearings. An application for a conditional use permit will be scheduled for a public hearing once the department has determined the application complete. Noticing of the public hearing will be given in compliance with chapter 22.72 (Public Hearings).

(Ord. No. 02(1998), § 2, 11-3-98)

Following a public hearing, the commission shall record the decision in writing with the findings on which the decision is based. The conditional use permit application shall not be approved, with or without conditions, unless all of the following findings can be made:

(1)

The proposed use is allowed within the subject zoning district with the approval of a conditional use permit and complies with all other applicable provisions of this Development Code and the Municipal Code;

(2)

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

(3)

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

(4)

The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints;

(5)

Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; and

(6)

The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA).

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 04(2005), § B, 3-15-05)

In approving a conditional use permit, the commission may impose conditions deemed necessary to ensure that the approval will be in compliance with the findings required by section 22.58.040 (Findings and decision), above.

(Ord. No. 02(1998), § 2, 11-3-98)

(a)

General procedures. Procedures relating to appeals, performance guarantee, and revocation as identified in article V (Development Code Administration), in addition to those identified in chapter 22.66 (Permit Implementation and Time Extensions), shall apply following the approval of a conditional use permit application.

(b)

Run with the land. The conditional use permit that is valid and in effect, and was granted in compliance with the provisions of this chapter, shall run with the land and continue to be valid upon a change of ownership of the land or any lawfully existing structure on the land.

(Ord. No. 02(1998), § 2, 11-3-98)

The purpose of this chapter is to provide a process for reviewing a specific plan application. When required by section 22.60.020 (Applicability), below, the general plan or this Development Code to systematically implement the general plan for any part of the city, a specific plan shall be prepared, processed, approved and implemented, or disapproved, in compliance with this chapter.

(Ord. No. 02(1998), § 2, 11-3-98)

A specific plan, which is designed to provide for flexibility and encourage innovative use of land resources and development of a variety of housing and other development types, shall be required under the following circumstances:

(1)

Sphere of influence. Areas included within the city's sphere of influence require the preparation of a specific plan to protect unique biological resources, create fiscal benefits for the city, and enhance its infrastructure;

(2)

Planning areas. Areas designated planning areas (PA) require the preparation of a specific plan in compliance with chapter 22.12 (Special Purpose Zoning Districts);

(3)

Specific plan zoning district. Areas designated specific plan zoning district require the preparation of a specific plan in compliance with chapter 22.12 (Special Purpose Zoning Districts); and

(4)

Private property owners. A specific plan, as a tool which is available to private property owners not covered by subsections (1), (2), and (3), above, could assist in the comprehensive master planning of a specific site(s).

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 03(2024), § 23, 7-16-24)

A specific plan may be initiated in the following manner:

(1)

City. By a resolution of intention adopted by the council, with or without a recommendation from the commission; or

(2)

Property owner. By an application being filed by the owner(s) of property which would be the subject of the specific plan. If initiated by an applicant, the following shall first occur:

a.

Presubmittal application. A presubmittal application, fee and conference with the director are highly recommended before the filing of a formal specific plan application; and

b.

Public meeting(s) required. Before the preparation of the specific plan, the city shall hold at least one public meeting to identify potential community impacts and concerns relating to the proposed plan. Public notice of the meeting is required, in compliance with chapter 22.72 (Public Hearings), and the appropriate procedures shall be defined by the director at the presubmittal conference.

(Ord. No. 02(1998), § 2, 11-3-98)

An applicant shall prepare a draft specific plan for review by the city that includes detailed information in the form of text and diagram(s), organized in compliance with an outline furnished by the department and state law (Government Code § 65451). The city may also initiate the preparation of a specific plan, in compliance with section 22.60.030(1) (Sphere of influence), above. The following information shall be provided:

(1)

Proposed land uses. The distribution, location and extent of land uses proposed within the area covered by the specific plan, including open space areas;

(2)

Infrastructure. The proposed distribution, location, extent and intensity of major components of public and private drainage, energy, sewage, solid waste disposal, circulation/transportation, water and other essential facilities proposed to be located within the specific plan area and needed to support the proposed land uses;

(3)

Land use and development standards. Standards, criteria and guidelines by which development will proceed, and standards for the conservation, development and utilization of natural resources, where applicable;

(4)

Implementation measures. A program of implementation measures, including regulations, programs, public works projects and financing measures necessary to carry out the proposed land uses, infrastructure and development and conservation standards and criteria;

(5)

Relationship to general plan. A discussion of the relationship of the specific plan to the general plan; and

(6)

Additional information. The specific plan shall contain additional information determined to be necessary by the director based on the characteristics of the area to be covered by the plan, applicable policies of the general plan or any other issue(s) determined by the director to be significant.

(Ord. No. 02(1998), § 2, 11-3-98)

A draft specific plan shall be filed with the department, and shall be accompanied by the fee required by the city's fee resolution. The draft plan shall be processed in the same manner as required for general plans by state law, and as follows:

(1)

Department evaluation. After the filing of a draft specific plan, the department shall review the draft plan to determine whether it conforms with the provisions of this chapter. If the draft plan is not in compliance, it shall be returned to the applicant with written specification(s) as to why it does not comply, and with suggested revisions to ensure compliance. When a draft plan is returned by the applicant to the department and the department determines it is complete and in compliance with this chapter, the plan shall be deemed to be accepted for processing, in compliance with chapter 22.44 (Applications, Processing, and Fees);

(2)

Environmental review. The draft specific plan shall be subject to environmental review as specified in section 22.44.060 (Environmental assessment);

(3)

Staff report. A staff report shall be prepared for the draft specific plan which shall include detailed recommendations for changes to the text and diagrams of the specific plan, as necessary, to make it acceptable for adoption; and

(4)

Public hearings. A proposed specific plan shall be subject to public hearings before both the commission and council before its adoption, as follows:

a.

Commission. The director shall schedule a public hearing on the proposed specific plan. The hearing shall receive public notice and be conducted in compliance with chapter 22.72 (Public Hearings). After the hearing, the commission shall forward a written recommendation, with appropriate findings to the council, in compliance with section 22.60.060 (Adoption of specific plan); and

b.

Council. After receipt of the commission's recommendation, a public hearing on the specific plan shall be scheduled. The hearing shall be noticed and conducted in compliance with chapter 22.72 (Public Hearings). After the hearing, the council may adopt the specific plan, may disapprove the plan or may adopt the plan with changes, with appropriate findings in compliance with section 22.60.060 (Adoption of specific plan), provided that changes to the plan that were not considered by the commission shall be referred to the commission for its recommendation, in compliance with state law (Government Code § 65356).

Failure of the commission to report within 45 days after the referral, or a longer period set by the council, shall be deemed a recommendation for the approval of the changes.

(Ord. No. 02(1998), § 2, 11-3-98)

The adoption of a proposed specific plan is entirely at the discretion of the council. The council shall adopt a specific plan only if it finds that the proposed plan is consistent with the general plan and other adopted goals and policies of the city, and that the proposed specific plan is in compliance with the provisions of the California Environmental Quality Act (CEQA).

The specific plan shall be adopted by ordinance, or by resolution of the council, in compliance with state law (Government Code § 65453).

(Ord. No. 02(1998), § 2, 11-3-98)

(a)

Development within specific plan area. After the adoption of a specific plan, only a public works project, a tentative map or parcel map, for which a tentative map was not required, and an amendment to this Development Code may be approved/adopted within an area covered by a specific plan if it is first found consistent with the specific plan. The council may impose a specific plan fee surcharge on development permits within the specific plan area, in compliance with state law (Government Code § 65456).

(b)

Amendments. An adopted specific plan shall be amended through the same procedure specified by this chapter for the adoption of a specific plan.

(Ord. No. 02(1998), § 2, 11-3-98)

(a)

This chapter outlines the procedures and minimum guidelines/requirements for the review and consideration of development agreements upon application by, or on behalf of, property owners or other persons having a legal or equitable interest in the property proposed to be subject to the agreement, commission or council.

It is intended that the provisions of this chapter shall be fully consistent, and in full compliance, with the provisions of state law (Article 2.5 of Chapter 4 of Division 1 of Title 7, commencing with Government Code § 65864), and shall be so construed.

(b)

In construing the provisions of any development agreement entered into in compliance with this chapter, those provisions shall be read to fully effectuate, and to be consistent with, the language of this chapter, state law (Article 2.5 of the Government Code, cited above), and the agreement itself.

Should any apparent discrepancies between the meaning of these documents arise, reference shall be made to the following documents, and in the following order:

(1)

The plain terms of the development agreement itself;

(2)

The provisions of this chapter; and

(3)

The provisions of state law (Article 2.5 of the Government Code, cited above).

(Ord. No. 02(1998), § 2, 11-3-98)

(a)

Application requirements. An owner of real property may request and apply through the director to enter into a development agreement provided the following:

(1)

The development agreement, if approved, would be in the best interests of the city;

(2)

The status of the applicant as an owner of the property is established to the satisfaction of the director;

(3)

The application is made on forms approved, and contains all information required, by the director; and

(4)

The application is accompanied by all lawfully required documents, materials and information.

(b)

The director. The director is authorized to receive, review, process and prepare, together with recommendations for commission and council consideration, all applications for development agreements.

(c)

Processing fees. Processing fees, as established by the city's fee resolution, shall be collected for any application for a development agreement made in compliance with this chapter. Additionally, appropriate fees shall be established and collected for periodic reviews conducted by the director in compliance with section 22.62.030(a) (Public hearings), below.

(Ord. No. 02(1998), § 2, 11-3-98)

(a)

Commission. The director, upon finding the application for a development agreement complete, shall set the agreement, together with recommendations, for a public hearing before the commission in compliance with chapter 22.72 (Public Hearings). Following conclusion of a public hearing, the commission shall make a written recommendation to the council that it approve, conditionally approve or disapprove the agreement.

(b)

Council. Upon receipt of the commission's recommendation, the city clerk shall set the agreement and written report of the commission for a public hearing before the council in compliance with chapter 22.72 (Public Hearings). Following conclusion of the public hearing, the council shall approve, conditionally approve or disapprove the agreement.

(c)

Notice. Notice of the hearings, outlined in subsections (a) and (b), above, shall be given in the form of a notice of intention to consider approval of the agreement in compliance with state law (Government Code § 65867).

(d)

Terms and conditions. Should the council approve or conditionally approve the agreement, it shall, as a part of the action of approval, direct the finalization of the agreement embodying the terms and conditions as approved or conditionally approved by it, as well as an ordinance authorizing execution of the agreement by the city manager.

(e)

Findings. The ordinance shall be in compliance with state law (Government Code § 65867.5) and shall contain the following findings, and the facts supporting them. It is the responsibility of the applicant to establish evidence in support of the required findings.

(1)

The development agreement would be in the best interests of the city;

(2)

The development agreement is consistent with the general plan, any applicable specific plan and this Development Code; and

(3)

The development agreement would promote the public interest and welfare of the city.

(f)

Referendum. The ordinance is subject to referendum in compliance with state law (Government Code § 65867.5).

(Ord. No. 02(1998), § 2, 11-3-98)

(a)

Mandatory contents. A development agreement entered into in compliance with this chapter shall contain the mandatory provisions specified by state law (Government Code § 65865.2 (agreement contents)).

(b)

Permissive contents. A development agreement entered into in compliance with this chapter may contain the permissive provisions specified by state law (Government Code § 65865.2 (agreement contents)).

(Ord. No. 02(1998), § 2, 11-3-98)

(a)

Effective date. The city shall not execute a development agreement until on or after the date on which the ordinance approving the agreement, enacted in compliance with section 22.62.030 (Public hearings), above, becomes effective.

(b)

Mutual consent. A development agreement may be executed only on the mutual consent of each party to the agreement.

(c)

Conditioning approval. The provisions of this chapter shall not be construed to prohibit the director, hearing officer, commission or council from conditioning approval of a discretionary permit or entitlement on the execution of a development agreement where the condition is otherwise authorized by law.

(d)

Recordation. A development agreement shall be recorded with the county recorder no later than ten days after it is executed, in compliance with state law.

(Ord. No. 02(1998), § 2, 11-3-98)

The approval or conditional approval of a development agreement in compliance with this chapter shall be deemed a discretionary act for purposes of the California Environmental Quality Act (CEQA).

(Ord. No. 02(1998), § 2, 11-3-98)

(a)

Periodic review required. Every development agreement, approved and executed in compliance with this chapter, shall be subject to periodic review, as specified in the agreement, by the commission during the full term of the agreement. Appropriate fees to cover the city's cost(s) to conduct the periodic reviews shall be collected from the applicant/contracting party in compliance with section 22.62.020(c) (Processing fees), above.

(b)

Purpose of review. The purpose of the periodic review shall be to determine whether the applicant/contracting party or the successor-in-interest has complied in good faith with the terms and/or conditions of the development agreement. The burden of proof shall be on the applicant/contracting party or the successor to demonstrate compliance, to the full satisfaction of, and in a manner prescribed by, the city.

(c)

Compliance with the terms or conditions. If, as a result of a periodic review in compliance with this section, the commission finds, on the basis of substantial evidence, that the applicant/contracting party or the successor-in-interest has not complied in good faith with the terms or conditions of the agreement, the commission may recommend to the council that it order, after a noticed public hearing in compliance with section 22.62.030 (Public hearings), the agreement to be terminated or modified.

(Ord. No. 02(1998), § 2, 11-3-98)

A development agreement may be amended or canceled, in whole or in part, by mutual agreement of all parties to the agreement, or their successors in interest. The requested amendment or cancellation shall be processed in the same manner specified by this chapter for the adoption of a development agreement.

(Ord. No. 02(1998), § 2, 11-3-98)

(a)

Rules, regulations, and policies. Unless otherwise provided by the development agreement, the rules, regulations, and official policies governing allowed uses of the land, density, design, improvement, and construction standards and specifications, applicable to development of the property subject to a development agreement, are the rules, regulations, and official policies in force at the time of execution of the agreement.

(b)

Applying new rules, regulations, and policies. Unless specifically provided for in the development agreement, the agreement does not prevent the city, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property under the development agreement, nor does a development agreement prevent the city from conditionally approving or disapproving a subsequent development project application on the basis of existing or new rules, regulations, and policies.

(Ord. No. 02(1998), § 2, 11-3-98)

Development agreements approved by the council shall be on file with the city clerk.

(Ord. No. 02(1998), § 2, 11-3-98)