Downey City Zoning Code
CHAPTER 8
ADMINISTRATION
§ 9802 REVIEW BODIES AND RESPONSIBILITIES.
All development proposals may be subject to one or more development application processing procedures contained in this chapter. The exact application processing procedures that apply to a specific project will be determined by the City Planner based on project characteristics. Table 9.8.1 outlines the primary types of development applications and review procedures. When more than one application is required for a project, the applications are to be processed concurrently with the final decision body hearing all applications.
Table 9.8.1. Application Types, Review Bodies, and Responsibilities | ||||
|---|---|---|---|---|
Type of Application | City Planner | Commission | Council | Public Hearing Required |
Administrative Permit | D | A | A | For appeal only |
Adult Use Permit | D | A | Yes | |
Density Bonus | R | D | Yes | |
Site Plan Review | D | A | Yes | |
Planned Unit Development | D | A | Yes | |
Conditional Use Permit | D | A | Yes | |
Variance | D | A | Yes | |
Zone Change | R | D | Yes | |
Amendment of the Zoning Text1 | R | D | Yes | |
General Plan Amendment | R | D | Yes | |
Specific Plan | R | D | Yes | |
Prezoning and Annexation | R | D | Yes | |
Notes: | |
R = Advisory body making recommendation only | |
D = Deciding body whose decision is final unless appealed A = Appeal authority | |
1 | May be initiated by Commission or Council only. |
§ 9804.02 INTENT AND PURPOSE.
These regulations are designed to establish uniform hearing and processing procedures and to provide a standard for the conduct of public hearings that complies with State public hearing requirements and affords the public due process through notification and participation in zoning and development proposals. For the purposes of this section, there are two types of hearings, legislative (i.e., changes in this article) and administrative, which shall include all nonlegislative matters (i.e., variances and permits).
§ 9804.04 APPLICABILITY.
Whenever Section 9804 is referred to in other parts of this article, and in subsequent amendments, the following procedures for hearings, notices of appeal, and Council hearings on appeal shall apply.
§ 9804.06 PROCEDURES.
(a)
Application. For the purposes of this section, application shall include the initiation of an application or any action by the Commission or Council requiring a public hearing.
(b)
Setting of Hearing. A public hearing shall be held before the Commission or the Council in accordance with State law.
(c)
Notice. Notices of public hearings, containing the date, time, place, and purpose of the public hearing and the location of the property, with a legal and general description in matters related to legislative hearings involving zone changes, shall be given in the following manner:
(1)
A notice shall be published at least once in a newspaper of general circulation in the City not less than 10 calendar days prior to the date of the public hearing.
(2)
A notice shall be mailed, postage prepaid, not less than 10 calendar days prior to the date of the public hearing, to all owners of all property, as shown on the last available County Assessor's rolls, within 500 feet of the exterior boundaries of the property that is the subject of the change. When the 500 foot radius extends outside the corporate limits of the City, the City having jurisdiction shall also be notified, as well as all of the property owners within the 500 foot radius.
If the number of owners to whom notices would be mailed pursuant to this section is greater than 1,000, then in lieu of mailing said notice, a display advertisement of at least one-eighth (1/8) page shall be published in a newspaper of general circulation in the City not less than 10 calendar days prior to the date of the public hearing.
Unintentional failure to mail the notice provided for in this section or failure to post the notice in the manner provided for in this section shall not affect the validity of any proceeding.
(d)
City Planner Duties. The City Planner shall make an investigation of facts bearing on any application to provide the necessary information for action on each application consistent with the intent and purpose of this article. The City Planner shall make a recommendation on the application.
(e)
Commission Duties.
(1)
The Commission shall hold such public hearings at the time, date, and place as advertised.
(2)
The Commission may establish its own rules for the conduct of public hearings.
(3)
The Commission may continue such hearings from time to time pursuant to applicable State law, and the chairman shall, when appropriate, announce the time, date, and place to which such hearing will be continued. No further notice shall be required, unless a hearing is continued to an unspecified date and time.
(4)
Each decision by the Commission on a petition for a permit, variance, or other administrative type action shall be by written resolution. A recommendation by the Commission on an application for a change of zone or other legislative type action shall be by formal resolution to the Council, which shall include the reasons for the recommendation. Such written recommendation shall be filed with the City Clerk for transmittal to the Council. Commission approval or recommendation of a permit, variance, change of zone, amendment, or other action governed by this section shall be by a majority of members present at the applicable hearing.
(f)
Recordkeeping. A summary of all testimony offered at the public hearing, the names and addresses of the persons so testifying, copies of all notices, affidavits of mailing and publishing, and all written documentation introduced as evidence at the hearing, including the City's staff report, shall become a part of the subject case file and retained in accordance with State law.
§ 9804.08 FINDINGS, DETERMINATIONS, AND APPEALS.
(a)
Administrative Proceedings.
(1)
Findings and Time Requirement. On actions of an administrative nature, including applications for permits and variances, the Commission shall make its findings and determinations pursuant to timelines established in State law. A tie vote shall be deemed a denial, unless an extension of time is requested by the applicant. The applicant may then appeal to the Council as provided in Section 9806.
(2)
Appeal. Any person aggrieved or affected by any final determination of the Commission concerning an application for action of an administrative nature, including a variance or a permit, or any condition or requirement attached to that variance or permit, no later than 15 days after the date of the decision or of the Commission's failure to make a determination, may file with the City Clerk a written notice of appeal to the Council. Such appeal shall specify where it is claimed that the Commission's findings were in error, and where the decision of the Commission is not supported by the evidence in the matter, and where the public necessity, convenience, and welfare require the Commission's decision to be reversed or modified.
(3)
Effective Date of Permits and Variances Granted. No permit or variance granted by the Commission pursuant to this chapter shall become effective until 15 days after the date of the resolution granting such permit or variance, or such later effective date as provided in such permit or variance granted.
(4)
Finality of Decisions. All decisions of the Commission concerning applications for action of an administrative nature, including permits or variances, shall be final, unless appealed as prescribed in this chapter, or until any condition precedent to its effectiveness has been fulfilled, whichever is later in time.
(b)
Legislative Proceedings.
(1)
Recommendation by Commission. In legislative type proceedings, including amendments to this article or petitions for a change of zone, the Commission shall transmit a resolution of its recommendation to the Council. The applicant for a change of zone may request a hearing as provided in this section.
(2)
Action by Council. In legislative type proceedings, including amendments to the zoning regulations or petitions for a change of zone, the Council shall hold a hearing in accordance with the provisions of this section. However, if the matter under consideration is a petition for a change of zone or a Commission initiated amendment to this article, and the Commission has recommended against the adoption of such change of zone or amendment, the Council shall not be required to take any further action, unless an interested party shall request such a hearing by filing a written notice of appeal with the City Clerk within 15 days after the Commission has made its recommendation.
(3)
Findings for Action. The Council, after the completion of such public hearing, which it may continue from time to time, may disapprove, approve, or modify, in whole or in part, any recommendation of the Commission. However, before making any modification in the recommendations of the Commission, the proposed modification may be referred to the Commission for a report and recommendations, and a copy of the report and recommendations shall be filed with the Council before any modification is effected. No further hearing shall be required by the Commission.
(4)
Final Action. The action of the Council shall be final and conclusive.
§ 9806.02 INTENT AND PURPOSE.
To avoid results inconsistent with the purposes of this article, decisions of the City Planner and other Administrative Officials of the City may be appealed to the Commission, and decisions of the Commission may be appealed to the Council.
§ 9806.04 PROCEDURES.
Figure 9.8.1 and Figure 9.8.2 illustrate the processes described below.
(a)
Appeals of Administrative Decisions.
(1)
Written Notification. Any appeal from a decision of the City Planner or other Administrative Official of the City in the administration of this article, or where it is alleged by any person that there is an error in any order, requirement, permit, decision, or determination made by an Administrative Official of the City in the administration or enforcement of this article, shall be made in writing to the Commission. The City Clerk shall not accept for filing a notice of appeal until and unless the appellant or person requesting the hearing has submitted to the City Clerk a filing fee as determined by resolution of the Council.
 Figure 9.8.1. Process for Appeal of an Administrative Decision |
 Figure 9.8.2. Process for Appeal of a Commission Decision |
The written notice of appeal shall be filed within 15 calendar days of the original decision by the City Planner or Administrative Official of the City.
(2)
Records. The City Planner or Administrative Official of the City shall then transmit to the Commission all papers constituting the record upon which the action appealed from was taken.
(3)
Stay. An appeal shall stay all proceedings unless the City Planner or Administrative Official notifies the Commission that a stay would cause imminent peril to life and property.
(4)
Public Hearings. Public hearings shall be set and notice given in the same manner and time as provided in Section 9804 of this chapter.
(5)
Decision. The Commission may hear and decide such matters by the affirmative vote of not less than a majority of the members present. A tie vote shall be considered denial of appeal.
(b)
Appeals of a Commission Decision.
(1)
Written Notification and Timing. A decision of the Commission, within 15 calendar days after the date of such action, may be appealed by written notice of appeal filed in duplicate with the City Clerk. Such appeal shall specify where it is claimed that the Commission's findings were in error, and where the decision of the Commission is not supported by the evidence in the matter, and where the public necessity, convenience, and welfare require such exception or permit. The City Clerk shall not accept for filing a notice of appeal until and unless the appellant or person requesting the hearing has submitted to the City Clerk a filing fee as determined by resolution of the Council.
(2)
Records. Upon the receipt of such notice of appeal, the City Clerk shall transmit one copy of the notice of appeal to the City Planner with notice of the date, time, and place when the appeal shall be given before the Council. The City Planner shall transmit to the Council a copy of all pertinent information contained in the Commission's permanent file.
The City Clerk shall transmit a copy of such notice of appeal and place such appeal on the Council's first available meeting.
(3)
Stay. On the date a notice of appeal is filed pursuant to this section, all proceedings in furtherance of the determination, order, decision, condition, or requirement appealed from, including the effective date of any permit or variance in question, shall be stayed until the final determination of the appeal or review by the Council.
(4)
Public Hearing. The Council may not approve, reverse, or modify, in whole or in part, the Commission's final determination, decision, order, requirement, or condition which is appealed until the Council has held a public hearing. Such public hearings shall be set and notice given by the City Clerk in the same manner and time as provided in Section 9804 of this chapter.
(5)
Decision. The Council shall announce its findings and decision in an appeal proceeding by formal action. Such action shall recite, among other things, the reasons which, in the opinion of the Council, make the Council's determination of the matter necessary to carry out the general purpose of this article and shall order that the Commission's decision be affirmed, reversed, or modified. The Council shall effect such determination, or any portion thereof, by the affirmative vote of not less than a majority of the total membership of the Council present at the hearing; otherwise, the appeal shall be denied. The action of the Council shall be final and conclusive.
(c)
Call for Review.
(1)
The City Council shall have the right to review the decisions or actions of the Planning Commission. Except as otherwise provided for herein, any review initiated under this section must comply with all requirements that would ordinarily apply to an appeal of the type of decision or action at issue as described in Section 9806.04(b) of this Code.
(2)
Written Notification and Timing. Any City Council member may initiate a call for review of a decision of the Planning Commission, within 15 calendar days after the date of such action, by delivering a written notice of appeal with the City Clerk. No filing fee shall be required in making a request for review under this section.
(3)
Records. Upon the receipt of such notice of the call for review, the City Clerk shall transmit one copy of the notice of the call for review to the City Planner with notice of the date, time, and place when the appeal shall be given before the Council. The City Planner shall transmit to the Council a copy of all pertinent information contained in the Commission's permanent file.
The City Clerk shall transmit a copy of such notice of the call for review and place such the call for review on the Council's first available meeting.
(4)
Stay. On the date a notice of the call for review is filed pursuant to this section, all proceedings in furtherance of the determination, order, decision, condition, or requirement appealed from, including the effective date of any permit or variance in question, shall be stayed until the final determination of the review by the Council.
(5)
Public Hearing. The Council may not approve, reverse, or modify, in whole or in part, the Commission's final determination, decision, order, requirement, or condition which is appealed until the Council has held a public hearing. Such public hearings shall be set and notice given by the City Clerk in the same manner and time as provided in Section 9804 of this chapter.
(6)
Decision. The Council shall announce its findings and decision in the call for review proceeding by formal action. Such action shall recite, among other things, the reasons which, in the opinion of the Council, make the Council's determination of the matter necessary to carry out the general purpose of this article and shall order that the Commission's decision be affirmed, reversed, or modified. The Council shall effect such determination, or any portion thereof, by the affirmative vote of not less than a majority of the total membership of the Council present at the hearing; otherwise, the call for review shall be denied. The action of the Council shall be final and conclusive.
(Amended by Ord. 1336, adopted 2-10-15)
§ 9808 REAPPLICATION.
The City shall not accept any application for which a substantially identical application was denied by the City, irrespective of whom the applicants are on either application, until 12 consecutive calendar months have expired after the date of the final decision of the City denying the earlier application, unless such final decision was a denial without prejudice. Upon a written request, the Commission or Council, by the affirmative vote of a majority of its total membership, may waive this requirement if it is shown that a considerable change has taken place in the area in which the property is located, or that additional and pertinent information is available which was not brought out at the public hearing, and that a waiting period of 12 months would create an unusual hardship.
§ 9810 APPLICATION WITHDRAWAL.
(a)
An applicant for any permit, variance, or zone change, or a person appealing the final determination of the Commission regarding a permit, variance, or zone change, may request permission to withdraw his or her application or appeal by submitting to the Commission, in the case of an application, or to the Council, in the case of an appeal, said request in writing signed by all persons who signed the original application or the written notice of appeal, or by their successors in interest.
(b)
If the request for withdrawal is received prior to the legal notice being submitted for publication, the City shall grant the request and shall refund the filing fee minus a processing fee.
(c)
If the request for withdrawal is received after the submission of the legal notice for publication, the Commission, or the Council, whichever is applicable, may either grant the request or deny the request and proceed to make a final decision on the application or appeal. However, in no event shall the City refund the filing fee.
(d)
If the request for withdrawal is granted, the Commission, or the Council, whichever is applicable, shall acknowledge said withdrawal by minute action to be reflected in the minutes of the Commission or Council meeting at which the request is granted. In the case of appeals, withdrawal of an appeal shall constitute a final resolution of the matter.
§ 9812 ENVIRONMENTAL REVIEW.
All land use and development review applications referenced in this article shall undergo environmental review as an integral part of the process for such applications prior to consideration by the decision-making authority. Environmental review shall be carried out in accordance with the California Environmental Quality Act, State Environmental Impact Report Guidelines, the City's Environmental Guidelines, and other applicable regulations.
§ 9814.02 INTENT AND PURPOSE.
The purpose of this section is to provide an Administrative Permit process for applications for minor land use actions that:
(a)
Have little potential for affecting surrounding properties;
(b)
Have no significant environmental effect under the California Environmental Quality Act; or
(c)
Are not subject to discretionary or other review requirements of this article.
§ 9814.04 AUTHORITY OF THE CITY PLANNER.
The City Planner shall approve, approve with conditions, or deny an Administrative Permit. The City Planner shall render a decision on an Administrative Permit on the following applications, subject to specific findings and procedures:
(a)
Minor Modification.
(1)
In the R-1 and R-2 Zones, minor modifications of the size of linear measurements may be permitted by the City Planner where the nonconforming size or linear measurement was conforming at the time of its creation;
(2)
The reduction of lot area or lot dimensions by not more than one percent of that required in the zone;
(3)
The modification of the width of required parking spaces by not more than three inches and the modification of other parking design standards when such modification will accomplish the intent of this article;
(4)
The modification of walls or fences which shall not exceed 10% of the specified measurements where topography or structural measurements require such modification;
(5)
When landscaping requirements make it impractical to comply, a modification not exceeding 10% may be approved;
(6)
The modification of the side setback area to permit the extension of existing building lines for first floor additions or minor building modifications for alignment purposes, except that no modification shall reduce the required setback closer than three feet to a property line;
(7)
When additional dedications for street widening are required for lots of recorded subdivisions, the front or street side setback requirements shall be reduced the same distance as that required for street dedications; however, in no case shall the allowed setback be less than the average depth of the projecting building on either side of the subject property;
(8)
Other minor modifications as may be delegated to the City Planner by resolution of the Commission; and
(9)
Minor changes to sign copy or materials not affecting the overall size of the sign or sign copy area.
(b)
Home Occupation Permit. Pursuant to the regulations identified in Section 9408.
(c)
Temporary Use of Land Permit. Pursuant to the regulations identified in Section 9424.
(d)
Special Event Permit. Pursuant to the regulations identified in Section 9420.
(e)
Second Unit Development Permit. Pursuant to the regulations identified in Section 9414.
(f)
Minor Site Plan Review. Minor Site Plan review is for small additions that increase the size of the existing building by no more than 10% within a five-year period, and where the addition does not require a variance or on a residential property does not increase the number of dwelling units. Minor Site Plan review is also for checking the installation of synthetic turf in the R-1 and R-2 zones for compliance with the synthetic turf standards described in Section 9520.04(j).
(g)
Temporary Outdoor Display and Sales. Pursuant to the regulations identified in Section 9420.10.
(h)
Minor Conditional Use Permit. Minor Conditional Use Permits are for outdoor dining areas in the commercial zones.
(i)
Appeal of Single Family Residential Development. The City Planner shall review all appeals of staff decisions regarding R-1 Zone development plan checks.
(1)
Appeals to decisions of the City Planner shall be subject to Section 9814.06(f).
(i)
The Commission, and the Council upon further appeal, shall make the following findings in approving an application for a Single Family Development:
a.
The proposed building, structure, and/or landscape is in compliance with the goals, objectives, and policies of the City of Downey General Plan and Single Family Design Guidelines any other applicable plans adopted pursuant to the General Plan.
b.
The proposed building, structure, and/or landscape are in conformity with the standards of the Municipal Code including the location on the lot, area, height, and parking.
c.
The proposed building, structure, and/or landscape are substantially consistent with the lots along the same frontage along the same block in terms of the orientation to the street and sidewalk, location of parking and parking structures, setbacks, lot coverage, rooflines, mass and bulk, materials, and colors.
d.
The proposed building, structure, and/or landscape, and associated walls and fences, are designed to reasonably protect adjoining and abutting single family residential properties from noise and maintain the visual privacy of adjoining and abutting single family residences.
e.
The proposed building utilizes quality materials and details similar to or better than adjoining and abutting single family residences so as to maintain and improve the local setting and community character in terms of appearance and value.
(Amended by Ord. 1248, adopted 7-28-09; Ord. 1262, adopted 07-27-10; Ord. 15-1347, adopted 11-24-15; Ord. 20-1436, adopted 2-11-20; Ord. 21-1462, adopted 5-25-21)
§ 9814.06 PROCEDURES.
Figure 9.8.3 illustrates the process described below.
(a)
Application. Application for an Administrative Permit shall be made to the City Planner on forms provided by the Planning Division. An application fee shall be paid in accordance with a schedule established by resolution of the Council.
 Figure 9.8.3. Process for Administrative Permit |
(b)
Completeness. Once an application is received by the City Planner, the application will be reviewed for completeness. If the City Planner finds the application to be complete, then the application shall be processed. If the application is found to be incomplete, the City Planner will notify the applicant in writing within 30 days what additional information is required to complete the application. The application will not be processed until that information is received by the City Planner.
(c)
Environmental Review. The City Planner shall investigate the application for exemption to the California Environmental Quality Act.
(d)
Plan Drawings. Plans shall be submitted as required by the City Planner.
(e)
Noticing. The owners or authorized agents of real property within a radius of 100 feet of the exterior boundaries of the property which is the subject of the application shall be notified of the submittal of such application to the City Planner. The names and addresses of such owners shall be taken from the last available County Assessor's rolls. In the case of a Home Occupation Permit and outdoor displays and sales, no notice is required.
(f)
Appeal. If the applicant is dissatisfied with the decision of the City Planner, the applicant may appeal in writing to the Commission within 15 days after the City Planner's decision. Such appeal shall state wherein the City Planner erred in his or her findings.
(g)
Reapplication. Reapplication procedures shall be in accordance with Section 9808 of this chapter.
(h)
Application Withdrawal. Application withdrawal procedures shall be in accordance with Section 9810 of this chapter.
§ 9814.08 FINDINGS.
The City Planner shall make his or her decision in writing to the applicant. One copy shall be mailed to the applicant, and one copy shall be filed with the chairperson of the Commission.
Approval of an Administrative Permit shall require the following findings by the City Planner:
(a)
That the proposed activity or use will be consistent with the objectives, policies, and general land uses and programs specified in the City's General Plan;
(b)
That the proposed activity or use is consistent with other provisions of this article; and
(c)
That the proposed activity or use will not result in conditions or circumstances contrary to the public health, safety, and general welfare.
§ 9816.02 INTENT AND PURPOSE.
This purpose of this section is to provide for the reasonable and uniform regulation of adult businesses in the City, providing a process to obtain an Adult Use Permit to operate an adult business in accordance with Section 9402 of this article. The concentration of certain adult businesses tends to result in blight and deterioration in areas in which they are located, as well as adjacent sensitive areas. The City recognizes that adult businesses are afforded constitutional protection as protected speech under the First Amendment of the United States Constitution and Article 1 of the California Constitution. As such, it is necessary to develop special procedures applicable to adult businesses that protect the visibility of the City's residential, commercial, and industrial areas, without discriminating against the free speech rights afforded to adult businesses.
§ 9816.04 PROCEDURES.
Figure 9.8.4 illustrates the process described below.
(a)
Initiation. An Adult Use Permit consistent with the purposes of this section may be initiated by an application of the owner or owners or their authorized agents of the property to which the Adult Use Permit applies.
 Figure 9.8.4. Process for Adult Use Permit |
(b)
Establishment. The establishment of an adult business shall be subject to the regulations pursuant to Section 9402.
(c)
Application. Applications for an Adult Use Permit shall be made to the Commission on forms provided by the City Planner and accompanied by an application fee paid in accordance with a schedule established by resolution of the Council.
(d)
Completeness. Once an application is received by the City Planner, the application will be reviewed for completeness. If the City Planner finds the application to be complete, then the application shall be processed. If the application is found to be incomplete, the City Planner will notify the applicant in writing within 30 days, identifying what additional information is required to complete the application. The application will not be processed until that information is received by the City Planner.
(e)
Environmental Review. The City Planner shall investigate the application for compliance with the California Environmental Quality Act (CEQA).
(f)
Investigations of Applications. The Commission shall investigate the facts bearing on each application for an Adult Use Permit to provide the necessary information for action by the Commission consistent with the intent and purpose of this chapter.
(g)
Public Hearings. Public hearings shall be held and governed by the provisions of Section 9804 of this chapter.
(h)
Findings. The Commission shall review the application and all aspects of the proposed Adult Use Permit for conformance with the intent and purpose of this section and compliance with all applicable development standards. The Commission may approve, approve with conditions, or deny the application.
In taking action, the Commission, as the case may be, shall specify findings in support of the decision. The findings for approval shall include the following:
(1)
The proposed location of the development and proposed conditions under which it will be operated or maintained are consistent with the goals and polices embodied in the General Plan and other applicable plans and policies adopted by the Council.
(2)
The proposed development is in accordance with the purposes and objectives of this article and the zone in which the site is located.
(3)
The development will not be detrimental to the public health, safety, or welfare of persons residing or working in or adjacent to such a development, nor detrimental to properties or improvements in the vicinity or the general welfare of the City.
A copy of the determination and written findings of fact shall be kept on file in the City Planner and be mailed to the applicant.
(i)
Conditions of Approval. The Commission, or the Council on appeal, in granting an Adult Use Permit may establish conditions under which an adult use may be permitted or a building for an adult use be constructed and/or altered as the Commission may consider necessary to carry out the provisions of this article, and prevent damages or prejudice to adjacent properties or detriment to the public health, safety, or welfare of the community.
(j)
Force of Conditions of Approval. Any restriction or condition required by the Commission, or the Council on appeal, in the granting of an Adult Use Permit under the provisions of this article shall be complied with. If such conditions or requirements are not met or if the use permitted is discontinued for a period of one year or more, the Commission shall hold a public hearing in the same manner as set forth in Section 9804 of this chapter to determine if the Adult Use Permit should be revoked.
Upon the revocation of an Adult Use Permit, the further use of the property, or the maintenance of any building constructed thereon, by authority of such Adult Use Permit shall constitute a violation of this article.
(k)
Voiding of Adult Use Permits. Each Adult Use Permit granted under the provisions of this section shall be subject to revocation, unless:
(1)
The operation of an adult business or the construction authorized by such Adult Use Permit has been submitted to plan check within one year after the granting of the Adult Use Permit. If construction is required, the project shall be submitted to plan check within 180 days, remaining valid until the plan check or permit expires;
(2)
The use of land or buildings authorized by the Adult Use Permit has taken place within 180 days after the granting of the Adult Use Permit; and
(3)
The periods of time set forth in Sections 9816.04(k)(1) and 9816.04(k)(2) have been extended by the Commission, but in no case shall the extension exceed 180 days.
(l)
Reapplications. Reapplication procedures shall be in accordance with Section 9808 of this chapter.
(m)
Application Withdrawal. Application withdrawal procedures shall be in accordance with Section 9810 of this chapter.
(n)
Revocation of Conditions of Approval. The Commission, after notice and a public hearing, may revoke any Adult Use Permit granted for noncompliance with any of the conditions set forth in granting such Adult Use Permit. The Commission shall hold a public hearing in the same manner as set forth in Section 9804 of this chapter.
(o)
Determination. The Commission, by formal resolution, shall approve, approve with conditions, or deny the application.
(p)
Appeal. The decision of the Commission may be appealed within 15 days by any interested party following the procedures in Section 9806.
§ 9818.02 INTENT AND PURPOSE.
The purpose of this section is to set forth the procedures for complying with Government Code Section 65915 et seq. Government Code Section 65915 et seq. requires that each city adopt an ordinance that specifies the method by which the City will provide concessions and/or incentives to a developer that proposes to construct affordable housing, senior housing, and other eligible housing units as specified in Section 9512 of this article. This section identifies the procedures and requirements by which a housing development proposal shall be submitted to and evaluated by the City.
§ 9818.04 PROCEDURES.
Figure 9.8.5 illustrates the process described below.
(a)
Initiation. At the time a developer of a proposed housing development seeks a density bonus and/or any regulatory concession per California Government Code Section 65915, the developer must file an application with the City Planner.
(b)
Application. The Density Bonus application shall be filed with the City Planner and shall require the following information:
(1)
Identification of the kind and number of the targeted units as set forth in Government Code Section 65915 under which the proposed housing development qualifies for a density bonus and any additional regulatory concessions. The developer shall identify the location of the targeted units.
(2)
The location, acreage, and maximum number of base units allowed under the zone and General Plan land use designation.
(3)
Identification of any regulatory concession(s) that is requested by the developer and a list of any alternative regulatory concessions that would provide, in the developer's opinion, incentives of equivalent financial value to the concession requested.
 Figure 9.8.5. Process for Density Bonus |
(4)
The specific financial information and data relied upon by the developer that establishes the monetary value of the regulatory concession(s) requested by the developer and a concise statement of how such value was calculated. A clear statement of how the requested additional concession(s) is/are necessary to make the proposed housing development economically feasible, sufficiently detailed to enable City staff to examine the conclusions reached by the developer.
(5)
Such other pertinent information as the City Planner may require enabling the City to adequately analyze the economic feasibility of the proposed housing development with respect to the requested additional concession(s) and other concessions that may be made available.
(c)
Completeness. Once an application is received by the City Planner, the application will be reviewed for completeness. If the City Planner finds the application to be complete, then the application shall be processed. If the application is found to be incomplete, the City Planner will notify the applicant in writing within 30 days, indicating what additional information is required to complete the application. The application will not be processed until that information is received by the City Planner.
(d)
Environmental Review. The City Planner shall investigate the application for compliance with CEQA.
(e)
Investigation of Applications. The City Planner shall investigate the facts bearing on each application for a Density Bonus permit to provide the necessary information for action by the Commission consistent with the intent and purpose of this chapter.
(f)
Public Hearings. Public hearings shall be held and governed by the provisions of Section 9804 of this chapter.
(g)
Determination.
(1)
Commission. After public hearing, the Commission shall, by resolution, recommend to the Council that the application be approved, conditionally approved, approved with changes to the regulatory concessions/incentives, or denied.
(2)
Council. The Council shall, by resolution, determine all matters with respect to the granting of a Density Bonus, any additional regulatory concessions, or direct financial incentive. The Council shall approve, conditionally approve, approve with changes to the regulatory concessions/incentives, or deny the application.
(h)
Reapplication. Reapplication procedures shall be in accordance with Section 9808 of this chapter.
(i)
Application Withdrawal. Application withdrawal procedures shall be in accordance with Section 9810 of this chapter.
§ 9820.02 INTENT AND PURPOSE.
The purpose of this section is to:
(a)
Provide a streamlined administrative review process for verifying a project's compliance with this article's development, design, and use standards; and
(b)
Assure landowners, business owners, and developers that proposed uses, structures, designs, and site improvements comply with the provisions of this article before preparation of plans for building permits.
§ 9820.04 APPLICABILITY.
Site Plan Review shall be applicable to the following unless provided in this article:
(a)
All new permitted structures and site improvements in all zones except the R-1 and R-2 Zones and R-1 and R-2 uses in the R-3 Zone;
(b)
Any building moved onto a site;
(c)
The addition of floor area greater than 10% to a site containing an existing structure in all zones except the R-1 and R-2 Zones and R-1 and R-2 uses in the R-3 Zone; and
(d)
Exterior modifications to an existing structure.
§ 9820.06 PROCEDURES.
Figure 9.8.6 illustrates the process described below.
(a)
Initiation. Site Plan Review consistent with the purposes of this section may be initiated by an application of the owner or owners or their authorized agents of the property to which the Site Plan Review applies.
(b)
Application. The applicant shall submit an application to the City Planner with the number of prints of the plans specified by the City Planner, together with a filing fee, in accordance with a schedule established by resolution of the Council. The contents of the Site Plan Review application shall be specified by the City Planner.
(c)
Completeness. Once an application is received by the City Planner, the application will be reviewed for completeness. If the City Planner finds the application to be complete, then the application shall be processed. If the application is found to be incomplete, the City Planner will notify the applicant in writing within 30 days, indicating what additional information is required to complete the application. The application will not be processed until that information is received by the City Planner.
(d)
Environmental Review. The City Planner shall investigate the application for compliance with CEQA.
(e)
Investigation of Applications. The City Planner shall investigate the facts bearing on each application for a Site Plan Review to provide the necessary information for action consistent with the intent and purpose of this chapter.
(f)
Conditions of Approval. The Commission, or the Council on appeal, in granting a Site Plan Review may establish conditions under which a lot or parcel of land may be used or a building erected and/or altered, or make requirements as to right-of-way dedications, design, height of buildings, open spaces, parking areas, landscaping, or make any requirement that the Commission may consider necessary to carry out the purpose of this article and prevent damages or prejudice to adjacent properties or detriment to the welfare of the community.
 Figure 9.8.6. Process for Site Plan Review |
(g)
Public Hearings. Public hearings shall be held and governed by the provisions of Section 9804 of this chapter.
(h)
Appeal. Appeals shall be governed by the provisions of Section 9806 of this chapter.
(i)
Force of Conditions of Approval. Any restriction or condition required by the Commission, or the Council on appeal, in the granting of a Site Plan Review under the provisions of this section shall be complied with.
(j)
Voiding. Each Site Plan Review Permit granted under the provisions of this section shall be subject to revocation, unless one of the following applies:
(1)
The construction authorized by such permit has been submitted to plan check within one year after the granting of such permit and pursued diligently to completion;
(2)
The occupancy of land or buildings authorized by such permit has taken place within one year after the granting of such permit; and
(3)
The periods of time set forth in Sections 9820.06(j)(1) and 9820.06(j)(2) have been extended by the Commission upon a written request by the applicant showing cause why such extension is necessary. In no case shall the extension exceed one year.
(k)
Revocation of Site Plan Review. The provisions of Section 9828 of this chapter shall apply.
(l)
Administration. The issuance of a building permit shall be pursuant to the site plan approval. If there is a substantial change from the original site plan as determined by the City Planner, the matter or plans shall be resubmitted to the City Planner, subject to all of the provisions of this section, as if it were a new application for a site plan.
§ 9820.08 FINDINGS.
The Commission, and the Council on appeal, shall make the following findings in approving or conditionally approving an application for Site Plan Review:
(a)
That the site plan is consistent with the goals and polices embodied in the General Plan and other applicable plans and policies adopted by the Council;
(b)
That the proposed development is in accordance with the purposes and objectives of this article and the zone in which the site is located;
(c)
That the proposed development's site plan and its design features, including architecture and landscaping, will integrate harmoniously and enhance the character and design of the site, the immediate neighborhood, and the surrounding areas of the City;
(d)
That the site plan and location of the buildings, parking areas, signs, landscaping, luminaries, and other site features indicate that proper consideration has been given to both the functional aspects of the site development, such as automobile and pedestrian circulation, and the visual effects of the development from the view of the public streets;
(e)
That the proposed development will improve the community appearance by preventing extremes of dissimilarity or monotony in new construction or in alterations of facilities;
(f)
That the site plan and design considerations shall tend to upgrade property in the immediate neighborhood and surrounding areas with an accompanying betterment of conditions affecting the public health, safety, comfort, and welfare; and
(g)
That the proposed development's site plan and its design features will include graffiti-resistant features and materials in accordance with the requirements of Section 4960 of Chapter 10 of Article IV of this Code.
§ 9822.02 INTENT AND PURPOSE.
This section describes the procedures for the Planned Unit Development Permit process. Planned Unit Development is intended to provide a more flexible method whereby appropriately located land areas can be developed employing more innovative and imaginative land planning concepts than would be possible through the strict application of conventional zoning and subdivision regulations. The Planned Unit Development is intended to meet the broader objectives of the General Plan and this chapter and will exhibit excellence in design, site arrangements, integration of uses and structures, and protection to the integrity of surrounding developments.
§ 9822.04 PROCEDURES.
Figure 9.8.7 illustrates the process described below.
(a)
Initiation. A Planned Unit Development may be initiated upon an application of the property owner or owners in accordance with the procedures in this section. Any Planned Unit Development shall be subject to the requirements of this section and shall be in conformity with the requirements of the development plan adopted for such Planned Unit Development.
(b)
Preliminary Review. Before filing any application for a Planned Unit Development, the prospective applicant shall submit to the City Planner preliminary sketches and general site information to consider the proposal in relation to the general development objectives in the proposed area. The City Planner shall then advise the applicant as to development recommendations and anticipated conditions, in accordance with the provisions of this section and Section 9324, or recommend to the applicant or his or her representative that no further effort be made to acquire a Planned Unit Development Permit.
(c)
Application. After the preliminary review, the applicant may file an application for a Planned Unit Development with the City Planner, on a form that shall be prescribed and shall include the information specified by the City Planner. A filing fee as determined by resolution of the Council shall be paid to the City upon the filing of an application for a Planned Unit Development Permit.
(d)
Completeness. Once an application is received by the City Planner, the application will be reviewed for completeness. If the City Planner finds the application to be complete, then the application shall be processed. If the application is found to be incomplete, the City Planner will notify the applicant in writing within 30 days, indicating what additional information is required to complete the application. The application will not be processed until that information is received by the City Planner.
(e)
Environmental Review. The City Planner shall investigate the application for compliance with CEQA.
 Figure 9.8.7. Process for Planned Unit Development Permit |
(f)
Investigation of Applications. The City Planner shall investigate the facts bearing on each application for a Planned Unit Development to provide the necessary information for action consistent with the intent and purpose of this chapter.
(g)
Site Plan Review. All proposed development in a Planned Unit Development shall also be subject to Site Plan Review in accordance with Section 9820 of this chapter.
(h)
Conditions of Approval. The Commission, or the Council on appeal, in granting a Planned Unit Development may establish conditions under which a lot or parcel of land may be used or a building erected and/or altered, or make requirements as to right-of-way dedications, design, height of buildings, open spaces, parking areas, landscaping, or make any requirement that the Commission may consider necessary to carry out the purpose of this article and prevent damages or prejudice to adjacent properties or detriment to the welfare of the community.
(i)
Public Hearings. Public hearing shall be held and governed by the provisions of Section 9804 of this chapter.
(j)
Appeals. Appeals shall be governed by the provisions of Section 9806 of this chapter.
(k)
Force of Conditions of Approval. Any restriction or condition required by the Commission, or the Council on appeal, in the granting of a Planned Unit Development under the provisions of this section shall be complied with. If such conditions are not met or if the use permitted is discontinued for a period of one year or more, the Commission shall hold a public hearing in the same manner as set forth in Section 9804 of this chapter to determine if the Planned Unit Development should be revoked.
Upon the revocation of a Planned Unit Development, the further use of the property, or the maintenance of any building constructed thereon, by authority of such permit shall constitute a violation of this article.
(l)
Voiding. Each Planned Unit Development Permit granted under the provisions of this section shall be subject to revocation, unless one of the following applies:
(1)
The construction authorized by such permit has been submitted to plan check within one year after the granting of such permit and pursued diligently to completion;
(2)
The occupancy of land or buildings authorized by such permit has taken place within one year after the granting of such permit ; and
(3)
The periods of time set forth in Sections 9822.04(l)(1) and 9822.04(l)(2) have been extended by the Commission upon a written request by the applicant showing cause why such extension is necessary. In no case shall the extension exceed one year.
(m)
Revocation. Any Planned Unit Development Permit, or portion thereof, may be revoked by the same procedure applicable to the approval of a Planned Unit Development.
(n)
Compliance.
(1)
After the issuance of a Planned Unit Development Permit, no use or improvement shall be established, changed, or altered, except in strict conformity with the permit issued, including the conditions, regulations, or requirements attached.
(2)
After the issuance of such permit, no use or improvement shall be established, or altered in a manner which would not comply with the regulations of the base zone, except for modifications authorized by the permit, unless all development on the parcels covered by the permit is in strict conformity with the permit issued and all conditions.
(3)
It shall be the duty of the City Planner to ensure that all structures and other improvements are undertaken in conformance with the approved development plan.
(4)
Upon the completion of all proposed construction and the final approval of any required division of land, the Planned Unit Development Permit shall be considered approved and final.
(o)
Reapplication. Reapplication procedures shall be in accordance with Section 9808 of this chapter.
(p)
Application Withdrawal. Application withdrawal procedures shall be in accordance with Section 9810 of this chapter.
§ 9822.06 FINDINGS.
The Commission shall review the application and all aspects of the proposed Planned Unit Development for its conformance with the intent and purpose of this section and compliance with all applicable development standards. The Commission may approve, approve with conditions, or deny the application.
In taking action, the Commission, as the case may be, shall specify findings in support of the decision. The findings for approval shall include the following:
(a)
That the proposed development is in conformance with the intent and purpose of the Planned Unit Development section and the General Plan;
(b)
That the development will not adversely affect adjoining land uses or the general health, safety, or welfare of persons residing or working in the neighborhood; and
(c)
The development will not cause undue impacts on traffic circulation or safety.
(d)
The Planned Unit Development meets the overall requirements of this article.
(e)
The development site and overall density meets the gross requirements of this article.
A copy of the determination and written findings of fact shall be kept on file in the City Planner and be mailed to the applicant.
§ 9822.08 PHASING.
If the sequence of construction of various portions of the development is to occur in phases, the development standards and amenities shall be provided in proportion to those required for the entire development during any given phase of the construction as approved by the Commission. In addition, the permitted number of dwelling units per acre of developed land shall at no time exceed the overall density per acre established by the applicable zone.
§ 9824.02 INTENT AND PURPOSE.
The purpose of the Conditional Use Permit is to review the location, site development, and/or conduct of certain land uses. These uses generally have a unique and distinct impact on the area in which they are located or are capable of creating special problems for adjacent properties unless given special review and special conditions. Conditional Use Permits may be granted at the discretion of the Commission and are not the automatic right of any applicant.
§ 9824.04 PROCEDURE.
Figure 9.8.8 illustrates the process described below.
(a)
Initiation. Conditional Use Permits may be initiated by the owner, owners, or their authorized agents of property in the City, but only where the use is authorized as a Conditional Use Permit in the zone in which the property lies.
(b)
Application. The applicant shall submit an application to the City Planner with the number of prints of the plans specified by the City Planner, together with a filing fee, in accordance with a schedule established by resolution of the Council. The contents of the Conditional Use Permit application shall be specified by the City Planner.
(c)
Completeness. Once an application is received by the City Planner, the application will be reviewed for completeness. If the City Planner finds the application to be complete, then the application shall be processed. If the application is found to be incomplete, the City Planner will notify the applicant in writing within 30 days, indicating what additional information is required to complete the application. The application will not be processed until that information is received by the City Planner.
(d)
Environmental Review. The City Planner shall investigate the application for compliance with CEQA.
(e)
Investigation of Applications. The City Planner shall investigate the facts bearing on each application for a Conditional Use Permit to provide the necessary information for action consistent with the intent and purpose of this chapter.
 Figure 9.8.8. Process for Conditional Use Permit |
(f)
Conditions of Approval. The Commission, or the Council on appeal, in granting a Conditional Use Permit may establish conditions under which a lot or parcel of land may be used or a building erected and/or altered, or make requirements as to right-of-way dedications, design, height of buildings, open spaces, parking areas, landscaping, and conditions of operation of any enterprise, or make any requirement that the Commission may consider necessary to carry out the purpose of this article and prevent damages or prejudice to adjacent properties or detriment to the welfare of the community.
(g)
Public Hearings. Public hearings shall be held and governed by the provisions of Section 9804 of this chapter.
(h)
Appeal. Appeals shall be governed by the provisions of Section 9806 of this chapter.
(i)
Force of Conditions of Approval. Any restriction or condition required by the Commission, or the Council on appeal, in the granting of a Conditional Use Permit under the provisions of this section shall be complied with. If such conditions are not met or if the use permitted is discontinued for a period of one year or more, the Commission shall hold a public hearing in the same manner as set forth in Section 9804 of this chapter to determine if the Conditional Use Permit should be revoked.
Upon the revocation of a Conditional Use Permit, the further use of the property, or the maintenance of any building constructed thereon, by authority of such permit shall constitute a violation of this article.
(j)
Voiding. Each Conditional Use Permit granted under the provisions of this section shall be subject to revocation, unless one of the following applies:
(1)
The construction authorized by such Conditional Use Permit has been submitted to plan check within one year after the granting of such Conditional Use Permit and pursued diligently to completion;
(2)
The occupancy of land or buildings authorized by such Conditional Use Permit has taken place within one year after the granting of such Conditional Use Permit; and
(3)
The periods of time set forth in Sections 9824.04(j)(1) and 9824.04(j)(2) have been extended by the Commission upon a written request by the applicant showing cause why such extension is necessary. In no case shall the extension exceed one year.
(k)
Revocation. The provisions of Section 9828 of this chapter shall apply.
(l)
Administration.
(1)
All acts of the Commission under this section shall be construed as administrative acts performed for the purpose of ensuring that the intent and purpose of this chapter shall apply in special cases, as provided in this section, and shall not be construed as amendments to the provisions of this article or to the Zoning Map.
(2)
Where there is a substantial change from the original site plan, such plan shall be referred to the Commission for action under the procedures of Section 9820 of this chapter. No modification to the conditions of the original approval granting the Conditional Use Permit shall be permitted without the approval of the Commission.
(m)
Reapplication. Reapplication procedures shall be in accordance with Section 9808 of this chapter.
(n)
Application Withdrawal. Application withdrawal procedures shall be in accordance with Section 9810 of this chapter.
§ 9824.06 FINDINGS.
Before a Conditional Use Permit may be granted, the Commission, or the Council on appeal, shall make a finding from the evidence as submitted that all four of the following conditions exist in reference to the property being considered:
(a)
That the requested Conditional Use Permit will not adversely affect the intent and purpose of this article or the City's General Plan or the public convenience or general welfare of persons residing or working in the neighborhood thereof;
(b)
That the requested use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located;
(c)
That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area; and
(d)
That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area.
§ 9826.02 INTENT AND PURPOSE.
The purpose of this section is to provide a process for resolving practical difficulties or undue physical hardships that may result from the size, shape, dimensions of a site or the location of existing structures thereon; from geographic, exceptional topographic, or other physical conditions on the site or in the immediate vicinity.
§ 9826.04 LIMITATIONS.
(a)
No variance shall be granted which would have the effect of granting a special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is situated.
(b)
No variance shall be granted which would have the effect of authorizing a use that is otherwise not authorized by this article.
(c)
The nonconforming use of neighboring lands, structures, or buildings in the same district or the nonconforming use of lands, structures, or buildings in other districts, or the granting of a variance on another property shall not be considered grounds for the issuance of a variance.
§ 9826.06 PROCEDURES.
Figure 9.8.9 illustrates the process described below.
(a)
Initiation. A variance consistent with the purposes of this section may be initiated by an application of the owner, owners, or their authorized agents of the property to which the variance is to apply or by any party who is or will be the plaintiff in an action in eminent domain to acquire the premises involved.
 Figure 9.8.9. Process for Variance |
(b)
Application. The applicant shall submit an application to the City Planner with the number of prints of the plans specified by the City Planner, together with a filing fee, in accordance with a schedule established by resolution of the Council. The contents of the variance application shall be specified by the City Planner.
(c)
Completeness. Once an application is received by the City Planner, the application will be reviewed for completeness. If the City Planner finds the application to be complete, then the application shall be processed. If the application is found to be incomplete, the City Planner will notify the applicant in writing within 30 days, indicating what additional information is required to complete the application. The application will not be processed until that information is received by the City Planner.
(d)
Environmental Review. The City Planner shall investigate the application for compliance with CEQA.
(e)
Investigation of Applications. The Commission shall investigate the facts bearing on each case to provide the necessary information for action consistent with the intent and purpose of this chapter.
(f)
Public Hearings. Public hearings shall be held and governed by the provisions of Section 9804 of this chapter.
(g)
Determination. The Commission shall approve the application, approve with modifications, or deny the application. All decisions of the Commission shall be final unless modified or denied by the Council on appeal.
(h)
Appeal. Appeals shall be held and governed by the provisions of Section 9806 of this chapter.
(i)
Conditions of Approval. The Commission, or the Council on appeal, in granting a variance may establish conditions under which a lot or parcel of land may be used or a building erected and/or altered, or make requirements as to right-of-way dedications, design, height of buildings, open spaces, parking areas, landscaping, and conditions of any enterprise, or make any requirement that the Commission, or the Council on appeal, may consider necessary to carry out the provisions of this article, and prevent damages or prejudice to adjacent properties or detriment to the welfare of the community.
(j)
Force of Conditions of Approval. Any restriction or condition required by the Commission, or the Council on appeal, in the granting of a variance under the provisions of this article shall be complied with. If such conditions or requirements are not met or if the use permitted is discontinued for a period of one year or more, the Commission shall hold a public hearing in the same manner as set forth in Section 9804 of this chapter to determine if the variance should be revoked.
Upon the revocation of a variance, the further use of the property, or the maintenance of any building constructed thereon, by authority of such variance shall constitute a violation of this article.
(k)
Voiding of Variance. Each variance granted under the provisions of this section shall be subject to revocation, unless one of the following applies:
(1)
The construction authorized by such variance has been submitted to plan check within one year after the granting of the variance and pursued diligently to completion;
(2)
The occupancy of land or buildings authorized by the variance has taken place within one year after the granting of the variance; and
(3)
The periods of time set forth in Sections 9826.06(k)(1) and 9826.06(k)(2) have been extended by the Commission, but in no case shall the extension exceed one year.
(l)
Revocation. The Commission, after notice and a public hearing, may revoke any variance granted for noncompliance with any of the conditions set forth in granting such variance. The Commission shall hold a public hearing in the same manner as set forth in Section 9804 of this chapter.
(m)
Administration.
(1)
All acts of the Commission under this section shall be construed as administrative acts performed for the purpose of ensuring that the intent and purpose of this article shall apply in special cases, as provided in this section, and shall not be construed as amendments to the provisions of this article or to the Zoning Map.
(2)
The site plans submitted with an application, together with the conditions, if any, required by the Commission and/or Council shall be kept on file in the Office of the City Planner and shall be referred to prior to issuing a building permit. Where there is a substantial change from the original site plans, such plans shall be referred to the Commission for action under the procedures of Section 9820 of this chapter. No modification to the conditions of the original resolution granting the variance shall be permitted without a public hearing as required by Section 9804 of this chapter. In case of such a hearing, a new application, filing fee, and procedure shall be required.
(n)
Reapplication. Reapplication procedures shall be in accordance with Section 9808 of this chapter.
(o)
Application Withdrawal. Application withdrawal procedures shall be in accordance with Section 9810 of this chapter.
§ 9826.08 FINDINGS.
(a)
Before a variance may be granted, the Commission, or the Council on appeal, shall make findings from the evidence as submitted that all six of the following conditions exist in reference to the property being considered:
(1)
That exceptional or extraordinary conditions or circumstances exist which are peculiar to the land, structure, or building involved and which are not generally applicable to other lands, structures, or buildings in the same vicinity and zone;
(2)
That the literal interpretation of the provisions of this article would deprive the applicant of rights under the terms of this article commonly enjoyed by other properties in the same vicinity and zone in which the property is located;
(3)
That exceptional or extraordinary conditions or circumstances do not result from the actions of the applicant;
(4)
That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same vicinity and zone in which the property is located;
(5)
That the granting of such variance will be in harmony and not adversely affect the General Plan of the City; and
(6)
That the reasons set forth in the application justify the granting of the variance and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure.
§ 9826.10 EXISTING VARIANCES.
Any modification granted pursuant to any zoning ordinance enacted prior to the effective date of this article, shall be construed to be a variance under this article subject to all the conditions imposed on such variance, unless otherwise provided in this article. Such variance, however, may be revoked or voided as provided in Sections 9826.06(k) and 9826.06(l) of this chapter.
§ 9828.02 INTENT AND PURPOSE.
These regulations are intended to provide a procedure for the orderly and lawful revocation and/or modification of a permit or variance granted pursuant to the provisions of this article.
§ 9828.04 APPLICABILITY.
These provisions shall govern the revocation and/or modification of any permit or variance granted under the terms of this article, and such provisions shall be applicable to site and design plan approvals and similar use determinations.
§ 9828.06 PROCEDURE.
(a)
Initiation. A written request for the revocation or modification of a permit or variance shall be made by the property owner(s) or their agent, original applicant, the City Planner, Commission, or Council. Upon determination by the City Planner that there are reasonable grounds for the revocation and/or modification of any permit or variance, a hearing shall be scheduled for consideration before the Commission.
(b)
Notice and Public Hearing. Notice of a public hearing shall be provided and a public hearing shall be held and governed by the provisions of Section 9804 of this chapter.
(c)
Findings. Any permit or variance, or any of the terms and conditions thereof, granted under the terms of this chapter, may be revoked or modified by a majority vote of the Commission, or Council on appeal, members present at the public hearing upon finding any one of the following to be true:
(1)
That the use is being operated in a manner that is detrimental to the public health, safety, welfare, and public convenience or is a public nuisance;
(2)
That the permit or variance was obtained by fraud;
(3)
That the use for which the permit or variance was granted is not being exercised;
(4)
That the use is being conducted in violation of the terms and conditions of the permit or variance or in violation of any statute, ordinance, law, or regulation;
(5)
That the use for which the permit or variance was granted has ceased or has been suspended for one year or more; and
(6)
That the time period for which the permit or variance was granted has lapsed or been violated.
(d)
Determination. After such hearing, the Commission, or Council on appeal, shall make a finding of facts and render its determination to revoke, or modify, or allow to remain unchanged the permit or variance in question by formal resolution.
(e)
Appeal. Appeals shall be governed by the provisions of Section 9806 of this chapter.
§ 9830.02 INTENT AND PURPOSE.
This section is intended to allow for a change in the boundaries of the zones on the Zoning Map whenever required by the public necessity, general welfare, or to further implement the general intent and purpose of this article and the General Plan of the City. California Government Code Section 65853 allows changes to the zone on any parcel(s) within the City. This section provides the local procedures by which such changes may be initiated, processed, heard and determined.
§ 9830.04 PROCEDURE.
Figure 9.8.10 illustrates the process described below.
(a)
Initiation. Change of any property from one zone to another (zone change) may be initiated as follows:
(1)
By motion of either the Council or Commission; or
(2)
By the verified application of the owner or owners or their authorized agents of all the property proposed to be changed from one zone to another.
(b)
Applications. The applicant shall submit an application to the City Planner together with a filing fee, in accordance with a schedule established by resolution of the Council. The contents of the application shall be specified by the City Planner.
(c)
Completeness. Once an application is received, the application will be reviewed for completeness by the City Planner. If the City Planner finds the application to be complete, then the application shall be processed by the Commission. If the application is found to be incomplete, the City Planner will notify the applicant in writing within 30 days, indicating what additional information is required to complete the application. The application will not be processed until that information is received by the City Planner.
(d)
Environmental Review. The City Planner shall investigate the application for compliance with CEQA.
(e)
Investigation of Applications. The City Planner shall make an investigation of facts on applications for zone changes to ensure that the action on each application is consistent with the intent and purpose of this article. A staff report with recommendations and the basis for the recommendations shall be made public prior to, or at the beginning of the Commission hearing and shall be included in the record of the hearing.
(f)
Public Hearings. Public hearings on zone change requests and amendments to the text of this article shall be held and governed by the provisions of Section 9804 of this chapter.
 * Zone changes and changes to the Official Zoning Map shall be adopted by Ordinance. Figure 9.8.10. Process for Zone Change |
(g)
Commission Duties. The Commission shall make a recommendation to the Council to approve or deny the application. If the Council proposes substantial modifications not previously considered, the Commission shall consider and forward a recommendation to the Council on those modifications. Failure to respond shall be deemed approval of the modifications and the Council may act with the recommendation.
(h)
Appeals. No appeal of a zoning text amendment decision shall occur.
(i)
Reapplication. Reapplication procedures for zone changes shall be in accordance with Section 9808 of this chapter.
(j)
Application Withdrawal. Application withdrawal procedures for zone changes shall be in accordance with Section 9810 of this chapter.
§ 9830.06 FINDINGS.
The Commission, prior to making written recommendations to the Council, and the Council prior to approving a Zone Change shall make all of the following findings:
(a)
That the zone change is necessary and desirable for the development of the community in harmony with the objectives of the General Plan and this chapter and is in the interests or furtherance of the public health, safety, and general welfare;
(b)
That the zone change will be compatible and complementary to existing conditions and adjoining property in the surrounding area;
(c)
That the site is adequate in size to accommodate the uses permitted in the zone requested and that all applicable property development standards can be complied with;
(d)
That the site properly relates to streets and highways designed and fully improved to carry the type and quantity of traffic that is expected to be generated in the area and that utilities exist or are planned which will adequately serve the property as rezoned; and
(e)
That the proposed zone change is in general conformance with the General Plan and General Plan land use designation for the parcel.
§ 9830.08 ENACTMENT OF ORDINANCES.
Any amendment which changes any property from one zone to another shall be adopted by ordinance and only after the required hearings have been held and the procedures specified in this chapter have been followed.
§ 9832.02 INTENT AND PURPOSE.
This section is intended to provide for and authorize the amendment of this article whenever required by the public necessity, general welfare, or to further implement the general intent and purpose of this article and the General Plan of the City. This section also provides the procedures by which such amendments may be initiated, processed, heard, and determined.
§ 9832.04 PROCEDURE.
Figure 9.8.11 illustrates the process described below.
(a)
Initiation. Amendments to the text of this article may be initiated by motion of either the Council or Commission.
(b)
Environmental Review. The City Planner shall investigate the proposal for compliance with CEQA.
(c)
Investigation. The City Planner shall make an investigation of facts on the proposed zoning text amendment. A staff report with recommendations and the basis for the recommendations shall be made public prior to, or at the beginning of the Commission hearing and shall be included in the record of the hearing.
(d)
Commission Duties. The Commission shall make a recommendation to the Council to approve or deny the proposed amendment. If the Council proposes substantial modifications not previously considered, the Commission shall consider and forward a recommendation to the Council on those modifications. Failure to respond shall be deemed approval of the modifications and the Council may act with the recommendation.
 * Amendments to the zoning text shall be made by Ordinance. Figure 9.8.11. Process for Zoning Text Amendment |
(e)
Appeals. No appeal of a zoning text amendment decision shall occur.
(f)
Public Hearings. Public hearings on zone change requests and amendments to the text of this article shall be held and governed by the provisions of Section 9804 of this chapter.
§ 9832.06 FINDINGS.
The Commission, prior to making written recommendations to the Council, and the Council prior to approving an amendment to this article shall make all of the following findings:
(a)
That the requested amendment is necessary and desirable for the development of the community and is in the interests or furtherance of the public health, safety, and general welfare; and
(b)
That the proposed amendment is in general conformance with the General Plan.
§ 9832.08 ENACTMENT OF ORDINANCES.
Any amendment which adds, deletes, or changes the text of this article shall be adopted by ordinance and only after the required hearings have been held and the procedures specified in this chapter have been followed.
§ 9834.02 INTENT AND PURPOSE.
The purpose of this section is to provide a process to amend the City's General Plan. Government Code Section 65358 allows for amendments and modifications to the City's General Plan.
§ 9834.04 FREQUENCY.
Pursuant to Government Code Section 65358, no mandatory element of the General Plan may be amended more frequently than four times during any calendar year. Subject to that limitation, an amendment may be made at any time and may include more than one change to the General Plan.
§ 9834.06 PROCEDURE.
Figure 9.8.12 illustrates the process described below.
(a)
Initiation. Amendments to the General Plan may be initiated by motion of either the Council or Commission.
(b)
Environmental Review. The City Planner shall investigate the proposal for compliance with CEQA.
(c)
Investigation. The City Planner shall make an investigation of facts on the proposed General Plan Amendment. A staff report with recommendations and the basis for the recommendations shall be made public prior to, or at the beginning of the Commission hearing and shall be included in the record of the hearing.
(d)
Commission Duties. The Commission shall make a recommendation to the Council, in the form of an adopted resolution, to approve, approve with modifications, or deny the proposed General Plan Amendment.
If the Council proposes substantial modifications not previously considered by the Commission, the Council shall refer the matter back to the Commission for consideration. The Commission shall then consider and forward a recommendation to the Council on those modifications. Failure to respond shall be deemed approval of the modifications and the Council may act with the recommendation.
(e)
Appeals. No appeal of a General Plan Amendment decision shall occur.
(f)
Public Hearings. Public hearings on General Plan Amendments shall be held and governed by the provisions of Section 9804 of this chapter.
 * General Plan Amendments shall be adopted by ordinance. Figure 9.8.12. Process for General Plan Amendment |
§ 9834.08 FINDINGS.
In acting to approve an amendment to the General Plan, the Council shall be required to make the following findings:
(a)
Consistency. That the proposed General Plan Amendment is consistent with all other goals, policies, programs, and land uses of applicable elements of the General Plan.
(b)
Adverse Effects. That the proposed General Plan Amendment will not adversely affect surrounding properties or the surrounding environment.
(c)
Public Health, Safety and Welfare. That the proposed General Plan Amendment promotes the public health, safety, and general welfare and serves the goals and purposes of this article.
(d)
Conflicts. That the proposed General Plan Amendment will not conflict with provisions of this article, including the City's subdivision ordinance.
§ 9836.02 INTENT AND PURPOSE.
The purpose of this section is to provide a process for the development, adoption, and amendment of a Specific Plan. The Specific Plan provides a means to establish more specific land use regulations and design standards for properties requiring special attention and treatment. A Specific Plan serves as a policy and regulatory document, with policy direction and project development concepts consistent with the General Plan. The Specific Plan shall be consistent with State law regulating Specific Plans, and in particular, Article 8 of Chapter 3 of the California Government Code, commencing with Section 65450 as may be subsequently amended by the State.
§ 9836.04 APPLICABILITY.
(a)
A Specific Plan is required for development and improvements in any areas shown on the Zoning Map as "Specific Plan (SP)."
(b)
The City Planner may require a Specific Plan be prepared for any development or redevelopment activity proposed on a site 10 acres or more in size pursuant to the requirements of this section.
(c)
Mixed use projects of 10 acres or more in size shall require a Specific Plan pursuant to the requirements of this section.
(d)
At the discretion of the Council, specific plans may be prepared by the City or by persons representing affected property owners.
(e)
Once adopted, the Specific Plan establishes the new zoning standards, regulations, and land uses for the area covered by the Specific Plan.
§ 9836.06 PROCEDURES.
Figure 9.8.13 illustrates the process described below.
Where required by this article, Specific Plan review is to be conducted by the Commission and Council following the City Planner's review and recommendation to the Commission. The Commission considers the application and forwards a recommendation to the Council, which has final decision-making authority.
(a)
Initiation.
(1)
A Specific Plan consistent with the purposes of this section may be initiated by an application of the owner, owners, or their authorized agents of the property to which the Specific Plan is to apply or by any party who is or will be the plaintiff in an action in eminent domain to acquire the premises involved.
(2)
To ensure long-term consistency with the General Plan, the City may also initiate the preparation and/or amendment of a Specific Plan.
(b)
Application. An application for a Specific Plan shall be filed by the owner of the property for which the Specific Plan is sought or by the agent of the owner who is duly authorized in writing. If an application involves more than one property with different ownership, a map identifying the extent of the ownership of those properties shall be submitted with the application. An application fee shall be paid in accordance with a schedule established by resolution of the Council.
 * Specific Plans shall be adopted by Ordinance. Figure 9.8.13. Process for Specific Plan |
(c)
Completeness. Once an application is received by the City Planner, the application will be reviewed for completeness. If the City Planner finds the application to be complete, then the application shall be processed. If the application is found to be incomplete, the City Planner will notify the applicant in writing within 30 days, indicating what additional information is required to complete the application. The application will not be processed until that information is received by the City Planner.
(d)
Environmental Review. The City Planner shall investigate the application for compliance with CEQA.
(e)
Investigation of Application. The City Planner shall investigate the facts bearing on each application for a Specific Plan to provide the necessary information for action consistent with the intent and purpose of this chapter. In particular the City Planner shall investigate and make a written report determining whether the proposed application meets:
(1)
The consistency requirements and Specific Plan content requirements as outlined in this section; and
(2)
The general requirements and intent of this chapter.
(f)
Consistency. Specific Plans shall be consistent with the General Plan. Following adoption of a Specific Plan, development and uses of land, subdivisions (including tentative tract and parcel maps), public works projects, and development agreements shall be consistent with the Specific Plan.
(g)
Public Hearings. Public hearings shall be held and governed by the provisions of Section 9804 of this chapter.
(h)
Appeal. No appeal of Specific Plans shall occur.
(i)
Modifications. If the Council proposes any substantial modification to the Specific Plan not previously considered by the Commission, the Council shall refer the matter back to the Commission for consideration.
(j)
Amendments. Any amendment to an adopted Specific Plan shall be processed in the same manner as an application for original approval of the Specific Plan. A Specific Plan may be amended as often as deemed necessary by the Council.
(k)
Repeal. A Specific Plan may be repealed in the same manner as it is required to be amended.
(l)
Violation. Violation of the requirements of a Specific Plan adopted by the Council constitutes a violation of this article.
(m)
Reapplication. Reapplication procedures shall be in accordance with Section 9808 of this chapter.
(n)
Application Withdrawal. Application withdrawal procedures shall be in accordance with Section 9810 of this chapter.
§ 9836.08 CONTENT.
A Specific Plan shall include a statement of its relationship and consistency with the General Plan and compliance with Article 8 of Chapter 3 of the California Government Code, commencing with Section 65450 as may be subsequently amended by the State. The City maintains full authority and discretion to determine how a Specific Plan will be prepared. The Specific Plan must address, in text and diagrams, the following issues:
(a)
The existing uses of land within the planning area must be analyzed to determine the influence the land will have under the Specific Plan. Existing agriculture, floodplain, environmentally sensitive areas, slopes over 10%, seismic, sensitive biotic and wildlife communities may substantially affect the type of uses planned for the area. Land uses surrounding the planning area should also be analyzed and connections/ transitions/buffers between uses designed to ensure compatibility with those uses identified by the Specific Plan.
(b)
The proposed distribution, location, intensity, and extent of the uses of land within the planning area, including residential development, economic development, commercial/industrial development, parks, open space, lands to be dedicated for public use, and any easements to accommodate utilities or protect environmental resources.
(c)
The proposed distribution, location, extent, and intensity of major infrastructure components including public and private transportation (including pedestrian ways, bike paths, bus turnouts, parking, public and private rights-of-way, and other transportation systems), parks and recreational facilities (including provision of public access ways), sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the planning area needed to support the land uses described in the Plan.
(d)
Development conditions and construction by which development will proceed (including architectural design and landscape concepts) and standards for the conservation, development, and use of natural resources (including soils, vegetation and wildlife habitats, water, energy) where applicable.
(e)
Description of provisions to ensure compatibility with surrounding land uses and resources, addressing geologic and fire hazards.
(f)
A program of implementation measures, including regulations, programs, public works projects, and financing measures necessary to carry out the provisions of the preceding requirements.
(g)
Any other subject that the City determines is necessary or desirable for General Plan implementation or to base its decision to approve a Specific Plan.
§ 9836.10 FINDINGS.
The Commission, prior to making written recommendations to the Council, and the Council prior to approving or approving with conditions or modifications a Specific Plan or Specific Plan amendment shall make all of the following findings:
(a)
The proposed location of the development and proposed conditions under which it will be operated or maintained is consistent with the goals and polices embodied in the General Plan and other applicable plans and policies adopted by the Council.
(b)
The proposed development is in accordance with the purposes and objectives of this article and the zone in which the site is located.
(c)
The development will not be detrimental to the public health, safety, or welfare of persons residing or working in or adjacent to such a development, nor detrimental to properties or improvements in the vicinity or the general welfare of the City.
(d)
The Specific Plan and resulting development will be consistent with the provisions of Article 8 of Chapter 3 of the California Government Code, commencing with Section 65450 as may be subsequently amended by the State.
§ 9838 PREZONING AND ANNEXATION.
(a)
Areas located outside of the City limits shall be assigned a prezoning designation prior to annexation to the City. Areas annexed into the City limits having a single General Plan land use designation shall be prezoned in accordance with the General Plan designation for the areas. Areas annexed into the City having a variety of General Plan land use designations shall be prezoned to the most restrictive zone in accordance with the General Plan designation for the area. Prezoning shall be initiated by resolution of the Council, as provided in this article. The Zoning Map shall be amended to show the new City limits and zone(s) of the annexed areas, as applicable.
(b)
When annexed property is not prezoned, it shall be considered to be in the R-1-10,000 (Single-Family Residential Zone) at the time of annexation, until otherwise classified. In such an instance, the Commission, within 90 days after the date of the certification of such annexation, shall initiate studies and hearings to determine the appropriate zoning for such property.
(c)
Areas annexed to the City after the effective date of this article shall be placed in the most restrictive zone similar to the zoned use at the time of annexation (e.g., agricultural or residential areas to be placed in R-1, 10,000, Single-Family Residential Zone, commercial areas to be placed in C-P Professional Office Zone, and industrial areas to be placed in M-1 Light Manufacturing Zone) and shall remain in such zone until a land use plan for the area has been recommended by the Commission. The Commission shall recommend such zoning to the Council within one year after such annexation becomes final. Nothing contained in this section, however, shall prevent the zoning of such newly annexed territory, or the regulations applicable thereto, or the use therein from being changed, modified, eliminated, or amended in the same manner as other property within the City may be so affected by action of the Commission and Council.