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The purpose of this Chapter is to describe the authority and responsibilities of the City Council, Planning Commission, Architectural Review Board, Director of Community Development, Community Development Department, and Community Development Department Staff in the administration of this Development Code.

The Planning Commission, the Director of Community Development, and the Community Development Department Staff shall function as the Planning Agency and as the Advisory Agency, when so required or authorized, in compliance with Government Code Section 65100.

The City Council, referred to in this Development Code as the Council, in matters related to the City's planning process shall perform the duties and functions prescribed in this Development Code, which include the following:

A.

Review authority on specified legislative planning matters. Final legislative decisions on development agreements and amendments, Development Code amendments, General Plan amendments, specific plans and amendments, Zoning Map amendments, related CEQA environmental documents, and other applicable policy or Development Code matters related to the City's planning process.

B.

Appeals. The review of appeals filed from Commission decisions.

C.

Compliance. The above-listed functions shall be performed in compliance with Table 5-1 (Subdivision Review Authorities), Table 7-1 (Review Authority), Table 7-2 (Review Authority for Site Plan and Design Review), and the California Environmental Quality Act (CEQA).

D.

Imposition of conditions. In making decisions on applications, the Council may impose conditions it deems reasonable and necessary to implement the General Plan, any applicable specific plans, the Municipal Code standards that apply to development, and to further the public health, safety and general welfare of the community.

A.

Establishment. The Planning Commission, referred to in this Development Code as the Commission, is established in compliance with Municipal Code Section 2.20.010 (Commission Created).

B.

Appointment. The Commission shall consist of five members who shall be appointed by the Council in compliance with Municipal Code Section 2.20.040 (Members and Terms).

C.

Duties and authority. The Commission shall perform the duties and functions prescribed by Municipal Code Section 2.20.030 (Duties and Functions) and this Development Code, and the Council may, from time to time by resolution, prescribe additional powers and duties not inconsistent with State Law, including the following:

1.

The review of development projects, including referrals from the Director and ARB;

2.

The review of appeals from the Director's and ARB's decisions and the Director's and Department Staff's determinations;

3.

The recommendation, to the Council for final legislative decisions, on development agreements and amendments, Development Code amendments, General Plan amendments, specific plans and amendments, Zoning Map amendments, related CEQA environmental documents, and other applicable policy or regulatory matters related to the City's planning process; and

4.

The above-listed functions shall be performed in compliance with Table 5-1 (Subdivision Review Authorities), Table 7-1 (Review Authority), Table 7-2 (Review Authority for Site Plan and Design Review), and the California Environmental Quality Act (CEQA).

D.

Imposition of conditions. In making decisions on applications, the Commission may impose conditions it deems reasonable and necessary to implement the General Plan, any applicable specific plans, the Municipal Code standards that apply to development, and to further the public health, safety and general welfare of the community.

E.

Meeting rules. The Commission shall conduct public hearings and meetings in compliance with Municipal Code Section 2.20.020 (Meetings—Regulations—Records) and Chapter 19.146 (Public Notices and Hearings).

A.

Architectural Review Board created. The Architectural Review Board, referred to in this Development Code as the ARB, is established and composed of the City Manager, the Director of Community Development, and the City Engineer, and a public member per Subsection 1 below, whose duties and authority shall be as established by Subsection B below.

1.

The public member shall be a resident of the City and have experience in architecture, engineering, landscape architecture, or a similar design-related field, and shall be appointed by the City Council to serve a term of two years that shall start on July 1 in even-numbered years.

B.

Duties and authority. The ARB:

1.

Shall perform the duties and functions prescribed in this Development Code, including the review of all development projects subject to Site Plan and Design Review (Chapter 19.122), in compliance with Table 7-2 (Review Authority for Site Plan and Design Review) and the California Environmental Quality Act (CEQA);

2.

Shall perform other responsibilities assigned by the Council or Commission; and

3.

May delegate the responsibilities of the ARB to the Director on a case-by-case basis.

C.

Imposition of conditions. In making decisions on applications, the ARB may impose conditions it deems reasonable and necessary to implement the General Plan, any applicable specific plans, and the Municipal Code standards that apply to development; and to further the public health, safety and general welfare of the community.

(Ord. No. 863, § 1, 4-26-2016)

A.

Appointment. The Director of Community Development, or the Director's designee, referred to in this Development Code as the Director, shall be appointed by the City Manager.

B.

Duties and authority. The Director shall:

1.

Have the responsibility to perform all of the functions designated by State law;

2.

Perform the duties and functions prescribed in this Development Code, including Table 5-1 (Subdivision Review Authorities), Table 7-1 (Review Authority), Table 7-2 (Review Authority for Site Plan and Design Review), Government Code Section 65901 et seq., and the California Environmental Quality Act (CEQA).

3.

Have the authority to defer action on an application and refer the request to either the ARB (for Site Plan and Design Review) or the Commission for consideration and final action;

4.

Perform other responsibilities assigned by the Council, Commission, or City Manager; and

5.

Delegate the responsibilities of the Director to Department Staff under the supervision of the Director.

C.

Imposition of conditions. In making decisions on applications, the Director may impose conditions the Director deems reasonable and necessary to implement the General Plan, any applicable specific plans, the Municipal Code standards that apply to development, and to further the public health, safety and general welfare of the community.

This Chapter provides procedures for the amendment of this Development Code, the General Plan, or the Official Zoning Map whenever the Council determines public necessity and general welfare require an amendment.

A.

Who may initiate. An amendment may be initiated by the Commission or Council, proposed by the Director, or as specified in Subsection B., below.

B.

General plan or zoning map amendments only.

1.

In the case of the General Plan or the Zoning Map, an amendment may also be initiated by the filing of an amendment application with the Department by any or all of the owners or authorized agent(s)/representative(s) of property owners for which the amendment is sought, or the plaintiff in an action in eminent domain to acquire the subject property.

2.

An application for a General Plan or Zoning Map amendment shall be construed as a suggestion only. The City shall not be required to hold any public hearings merely because an application has been filed.

A.

Application filing and processing.

1.

If initiated by the filing of an amendment application in compliance with Subsection 19.142.020 (Initiation of Amendment), above, the application shall be processed in compliance with Chapter 19.112 (Application Processing Procedures).

2.

The application shall include the information and materials specified in the Department handout for amendment applications; together with the required fee in compliance with the Planning Fee Schedule.

3.

It is the responsibility of the applicant to provide evidence in support of the findings required by Section 19.142.060 (Findings and Decision), below.

B.

Timing of general plan amendments. The mandatory elements of the General Plan may be amended up to four times in a single calendar year, as authorized by and subject to the provisions of Government Code Section 65358.

C.

Public hearings required. The Commission and Council shall each conduct one or more public hearings regarding the amendment.

D.

Notice and hearing. Notice of the public hearings shall be provided and the hearings shall be conducted in compliance with Chapter 19.146 (Public Notices and Hearings) and as specified in Government Code Sections 65353, 65355, 65854, and 65856.

A.

Recommendation to council.

1.

All amendments. After the public hearing, the Commission shall forward a written recommendation, and reasons for the recommendation, to the Council whether to approve, approve in modified form, or deny the proposed amendment, based on the findings identified in Section 19.142.060 (Findings and Decision), below.

2.

Recommendation for approval of development code or zoning map amendments. A recommendation for approval or approval in modified form of a Development Code or Zoning Map amendment shall require only a majority vote.

3.

Recommendation for approval of general plan amendments. A recommendation for approval or approval in modified form of a General Plan amendment shall require the affirmative vote of not less than a majority of the total voting members in compliance with Government Code Section 65354.

B.

Denial by commission.

1.

A recommendation against the proposed amendment shall require only a majority vote.

2.

The action of the Commission to deny an amendment shall be final and conclusive unless, within five days following the date of the Commission's action, an appeal is filed with the City Clerk in compliance with Chapter 19.144 (Appeals) and as specified in Government Code Sections 65354.5 and 65856.

A.

Approval.

1.

All amendments. Upon receipt of the Commission's recommendation to approve, or approve in modified form, the proposed amendment, the Council shall conduct a public hearing and either approve, approve in modified form, or deny the proposed amendment based on the findings identified in Section 19.142.060 (Findings and Decision), below.

2.

Approval of development code or zoning map amendments. The action by the Council to approve the Commission's recommendation regarding a Development Code or Zoning Map amendment shall be by a majority vote of the members present, adopted by ordinance, and shall be final and conclusive.

3.

Approval of general plan amendments. The action by the Council to approve the Commission's recommendation regarding a General Plan amendment shall require the affirmative vote of not less than a majority of the total voting members in compliance with Government Code Section 65356, adopted by resolution, and shall be final and conclusive.

B.

Referral to commission.

1.

If the Council proposes to adopt a substantial modification(s) to the amendment not previously considered by the Commission, the proposed modification shall be first referred to the Commission for its recommendation, in compliance with Government Code Sections 65356 and 65857.

2.

Failure of the Commission to report back to the Council within the time limits identified in Government Code Sections 65356 and 65857 following the referral shall be deemed approval by the Commission of the proposed modification(s).

An amendment to this Development Code, the General Plan, or the Official Zoning Map may be approved only if all of the following findings are first made, as applicable to the type of amendment.

A.

Findings for general plan amendments.

1.

The amendment is internally consistent with all other provisions of the General Plan;

2.

The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and

3.

The affected site is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle access, and public services and utilities and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate, to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.

B.

Findings for development code and zoning map amendments.

1.

Findings required for all development code and zoning map amendments.

a.

The proposed amendment is consistent with the General Plan and any applicable specific plan; and

b.

The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

2.

Additional finding for development code amendments. The proposed amendment is internally consistent with other applicable provisions of this Development Code.

3.

Additional finding for zoning map amendments. The affected site is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle access, and public services and utilities and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate, to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.

A.

Prezoning required. Before the annexation to the City of any property, the sponsor of any annexations shall file an application for prezoning of the subject property to be annexed and the City shall establish the zone(s) which will be in effect on the effective date of the annexation.

B.

Same as zoning map amendments. The process for prezoning property to be annexed to the City shall be the same as is specified in this Chapter for Zoning Map amendments.

C.

Compliance with plans. The zoning shall be in compliance with the General Plan and any applicable specific plan.

D.

Prezoning.

1.

Any property lying outside the corporate limits of the City, but being adjacent to and within its sphere of influence, may be prezoned with a City zone classification in compliance with Government Code Section 65859 and this Chapter.

2.

If any property has been prezoned in this manner, the assigned zone classification shall become effective at the same time the annexation of the property becomes effective.

A.

General plan. A General Plan amendment shall become effective immediately upon the adoption of a resolution by the Council.

B.

Development code and zoning map. A Development Code or Zoning Map amendment shall become effective on the 31 ^st day following the adoption of an ordinance by the Council.

This Chapter establishes procedures for the appeal of determinations and decisions rendered by the Commission, Architectural Review Board (ARB), Director, and Department Staff.

A.

Development code administration and interpretation. The following interpretations, determinations, and enforcement actions of the ARB, Director, and Department Staff may be appealed to the Commission and then to the Council:

1.

Interpretations. Any determination on the meaning or applicability of the regulations contained in this Development Code that are believed to be in error, and cannot be resolved with the Director;

2.

Determinations. Any non-permit determination (e.g., a decision of application status in compliance with Subparagraph 19.112.070 A. 2. or process requirements); and

3.

Enforcement actions. Any enforcement action filed in compliance with Chapter 19.154 (Enforcement Provisions).

B.

Planning permit decisions.

1.

ARB's and director's decisions. Any decision of the ARB or Director may be appealed to the Commission.

2.

Commission's decisions. Any decision of the Commission may be appealed to the Council.

C.

Legislative decisions. Any decision of the Commission may be appealed to the Council.

D.

CEQA decisions.

1.

Any CEQA decision of the ARB or Director may be appealed to the Commission.

2.

Any CEQA decision of the Commission may be appealed to the Council.

A.

Eligibility.

1.

An appeal in compliance with this Chapter may be filed by any aggrieved person, except that in the case of a decision on a Conditional Use Permit, Variance, and/or other decision that followed a public hearing, an appeal may only be filed by a person who, in person or through a representative, appeared at the public hearing in connection with the decision being appealed, or who otherwise informed the City in writing of the nature of their concerns before the hearing.

2.

Any action or decision by the Commission, ARB, Director, or Department Staff in compliance with this Development Code may be appealed by a Council member acting as an individual.

B.

Timing and form of appeal. An appeal shall be submitted in writing and shall specifically state the pertinent facts and the basis for the appeal.

1.

The pertinent facts and the basis for the appeal shall include, at a minimum, the specific grounds for the appeal, where there was an error or abuse of discretion by the previous review authority (e.g., Commission, ARB, Director, or other City official) in the consideration and action on the matter being appealed, and/or where the decision was not supported by the evidence on the record. Appeals filed by a City official, a Commissioner, or a Councilmember shall be exempt from the requirements of this Subparagraph.

2.

The appeal shall be filed with the Department or City Clerk, as applicable, within 15 days following the actual date the decision was rendered.

a.

Appeals addressed to the Commission shall be filed with the Department; and

b.

Appeals addressed to the Council shall be filed with the City Clerk.

3.

The appeal shall be accompanied by the filing fee identified in the Planning Fee Schedule.

4.

Once an appeal is filed, any action on the associated project is suspended until the appeal is processed and a final decision is rendered by the applicable review authority.

C.

Scope of planning permit appeals. An appeal of a decision on a planning permit shall be limited to issues raised at the public hearing, or in writing before the hearing, or information that was not known at the time of the decision that is being appealed.

D.

Report and scheduling of hearing.

1.

When an appeal has been filed, the Director shall prepare a report on the matter, including all of the application materials in question, and schedule the matter for a public hearing by the appropriate review authority identified in Section 19.144.020 (Appeal Subjects and Jurisdiction), above, within 60 days of the filing of the appeal.

2.

Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Chapter 19.146 (Public Notices and Hearings).

3.

Any interested party may appear and be heard regarding the appeal.

E.

Decision.

1.

During the appeal hearing, the issues that may be raised and considered by the review authority are not limited to those raised by the appellant, and may include any aspect of the proposed project, whether or not originally considered as part of the decision being appealed. The review authority may:

a.

Affirm, affirm in part, or reverse the action, determination, or decision that is the subject of the appeal, based upon findings of fact about the particular case. The findings shall identify the reasons for the action on the appeal, and verify the compliance or noncompliance of the subject of the appeal with this Development Code; or

b.

Adopt additional conditions of approval, which may address issues or concerns other than the subject of the appeal.

2.

If new or different evidence is presented on appeal, the Commission or Council may refer the matter to the Director, ARB, or Commission, as applicable, for further consideration.

3.

In the event of a tie vote by the review authority on an appeal, the decision being appealed shall stand.

4.

Provision of notice of decision.

a.

Following the final decision on an application for a permit or other approval required by this Development Code, the City shall provide notice of its final decision to the appellant, applicant, property owner/owner's representative, and to any person who specifically requested notice of the City's final action.

b.

The notice of the final decision shall contain applicable findings, conditions of approval, and the reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public convenience, health, interest, safety, or general welfare of the City.

F.

Effective date of appeal decisions. Final action by the applicable review authority shall be effective in compliance with the provisions of Section 19.130.030 (Effective Dates of Permits), if no additional appeals are filed in compliance with this Chapter.

This Chapter provides procedures for public hearings required by this Development Code. When a public hearing is required, advance notice of the hearing shall be given, and the hearing shall be conducted, in compliance with this Chapter.

When this Development Code requires a noticed public hearing before a decision on a permit or for another matter, the public shall be provided notice of the hearing in compliance with Government Code Sections 65090, 65091, 65094 and 66451.3, and Public Resources Code 21000 et seq., and as required by this Chapter.

A.

Content of notice. Notice of a public hearing shall include all of the following information, as applicable.

1.

Hearing information. The date, time, and place of the hearing and the name of the review authority; a brief description of the City's general procedure concerning the conduct of hearings and decisions (e.g., the public's right to appear and be heard); and the phone number and street address of the Department where an interested person could call or visit to obtain additional information.

2.

Project information. The date of filing of the application and the name of the applicant; the City's file number assigned to the application; a general explanation of the matter to be considered; and a general description, in text and/or by diagram, of the location of the property that is the subject of the hearing.

3.

Statement on environmental document. If a proposed Negative Declaration, Mitigated Negative Declaration, or final Environmental Impact Report has been prepared for the project in compliance with the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines, the hearing notice shall include a statement that the review authority will also consider approval of the proposed Negative Declaration or Mitigated Negative Declaration, or certification of the final Environmental Impact Report, as applicable.

B.

Method of notice distribution. Notice of a public hearing required by this Chapter for a planning permit, amendment, appeal, or other approval shall be given as follows, as required by Government Code Sections 65090 and 65091.

1.

Mailing. Notice shall be mailed or delivered at least 10 days before the scheduled hearing to the following:

a.

Project site owner(s) and the applicant. The owner(s) of the property being considered in the application or the owner's authorized agent, and the applicant.

b.

Local agencies. Each local agency expected to provide roads, schools, sewage, streets, water, or other essential facilities or services to the property which is the subject of the application, whose ability to provide those facilities and services may be significantly affected.

c.

Affected owners. All owners of real property, as shown on the latest adopted tax roll of the County, located within a radius of 600 feet of the exterior boundaries of the parcel that is the subject of the hearing. The applicant shall furnish to the City a copy certified by the County Assessor's Office of the names and addresses of the owners.

d.

Persons requesting notice. Any person who has filed a written request for notice with the Director and has paid the required fee for the notice.

e.

Other person(s). Any other person(s), whose property might, in the judgment of the Director, be affected by the proposed project.

2.

Alternative to mailing. If the number of property owners to whom notice would be mailed in compliance with Subparagraph B.1., above is more than 1,000, the Director may choose to provide the alternative notice allowed by Government Code Section 65091(a)(3).

3.

Publication and posting.

a.

Publication. Notice shall be published at least once in a newspaper of general circulation in the City at least 10 days before the scheduled hearing.

b.

Posting. Notice shall be posted at least 10 days before the scheduled hearing in at least three public places within the City, including one public place in the area affected by the proceeding.

4.

Additional notice. In addition to the types of notice required above, the Director may provide any additional notice with content or using a distribution method (e.g., posting on the City's website) as the Director determines is necessary or desirable.

After the completion of any environmental document required by the California Environmental Quality Act (CEQA) and a Department Staff report, a matter requiring a public hearing shall be scheduled on the next available agenda (Director, ARB, Commission, or Council, as applicable) reserved for public hearings, but no sooner than any minimum time period established by State law.

A.

Time and place of hearing. A hearing shall be held at the date, time, and place for which notice was given.

B.

Continued hearing. Any hearing may be continued from time to time without further notice; provided, the chair of the hearing body announces the date, time, and place to which the hearing will be continued before the adjournment or recess of the hearing.

C.

Deferral of final decision. The review authority may announce a tentative decision, and defer their action on a final decision until appropriate findings and/or conditions have been prepared.

After a public hearing on a proposed development agreement or amendment, a specific plan or amendment, or an amendment to this Development Code, the General Plan, or the Zoning Map, the recommendation and findings of the Commission and the minutes of the Commission meeting shall be forwarded to the Council. A copy of the recommendation shall be mailed to the applicant and property owner/owner's representative.

A.

Decision.

1.

The review authority may announce and record its decision on the matter being considered at the conclusion of a scheduled hearing, or defer action and continue the matter to a later meeting agenda in compliance with Section 19.146.040 (Hearing Procedure), above.

2.

At the conclusion of a hearing conducted by the ARB, the ARB may instead refer the matter to the Commission for review and final decision.

3.

At the conclusion of a hearing conducted by the Director, the Director may instead refer the matter to the ARB or Commission for review and final decision.

4.

The decision of the Council on any matter shall be final and conclusive.

B.

Notice of decision.

1.

Provision of notice. Following the final decision on an application for a permit or other approval required by this Development Code, the City shall provide notice of its final action to the applicant, property owner/owner's representative, and to any person who specifically requested notice of the City's final action.

2.

Contents of notice. The notice of the final decision shall contain applicable findings, conditions of approval, reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public convenience, health, interest, safety, or general welfare of the City, and the procedure for appeal.

Final action by the applicable review authority shall be effective in compliance with the provisions of Section 19.130.030 (Effective Dates of Permits), if no additional appeals are filed in compliance with Chapter 19.144 (Appeals).

A.

Purpose and intent. A development agreement is a contract between the City and an applicant for a development project, in compliance with Government Code Article 2.5 (Development Agreements). A development agreement is intended to provide assurance to the applicant that an approved project may proceed subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to City policies, rules, and regulations after project approval. In return, the City is provided assurance that the project would further important citywide goals and policies that have been officially recognized by the Council, and provide the City with significant, tangible benefits beyond those that may be required by the City through project conditions of approval.

B.

Construing the provisions. 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, Government Code Article 2.5, 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 Government Code Article 2.5.

A.

Equitable interest. Person(s) having a legal or equitable interest in real property may apply through the Director to enter into a development agreement; provided, the following criteria are met:

1.

The status of the applicant, having a legal or equitable interest in the subject real property, is established to the satisfaction of the Director.

2.

An applicant may also include an authorized agent.

3.

The Director may require an applicant to submit a title report or other evidence satisfactory to the Director to verify the applicant's interest in the real property and/or of the authority of the agent to act for the applicant.

B.

Director's review and recommendations.

1.

The Director is empowered to receive, review, process, and prepare, together with recommendations for Commission and Council consideration, all applications for development agreements.

2.

The Director may call upon the City Attorney and all other City departments for timely assistance in complying with this Chapter.

C.

Fees.

1.

Processing fees, as established by the Planning Fee Schedule, shall be collected for an application for a development agreement made in compliance with this Chapter.

2.

Appropriate fees shall be established and collected for amendments to a development agreement and the periodic review identified in Section 19.148.080 (Periodic Review), below.

A.

Filing. An application for a development agreement shall be filed with the Department in compliance with Chapter 19.112 (Application Processing Procedures).

B.

Contents. The application shall be accompanied by the detailed data and materials identified in Section 19.148.040 (Content of Development Agreement), below.

C.

Project review procedures. Following receipt of a completed application, the Director shall investigate the facts necessary for action consistent with the purpose of this Chapter.

D.

Notice and hearings.

1.

The Director, upon finding the application for a development agreement complete and in compliance with the provisions of the California Environmental Quality Act (CEQA), shall set the application, together with recommendations, for a public hearing before the Commission.

2.

Following conclusion of the public hearing, the Commission shall make a written recommendation to the Council that it approve, conditionally approve, or deny the application, based on the findings identified in Section 19.148.050 (Findings and Decision), below.

3.

Upon receipt of the Commission's recommendations, the City Clerk shall set the application and written report of the Commission for a public hearing before the Council.

4.

Following conclusion of the public hearing, the Council shall approve, conditionally approve, or deny the application, based on the findings identified in Section 19.148.050 (Findings and Decision), below.

5.

Notice of the hearings identified in Subparagraphs 1. and 3., above shall be given in the form of a notice of intention to consider approval of a development agreement in compliance with Government Code Section 65867 and Chapter 19.146 (Public Notices and Hearings).

A.

Mandatory contents. A development agreement shall contain the applicable mandatory provisions in compliance with Government Code Section 65865.2.

B.

Permissive contents. A development agreement may contain the applicable permissive provisions in compliance with Government Code Section 65865.2.

C.

Draft of development agreement.

1.

A draft of the proposed development agreement may be submitted along with the application.

2.

The agreement shall be in a form acceptable to the City Attorney.

3.

If deemed appropriate, the City Attorney may draft the initial agreement for review by the City and the applicant.

4.

Any legal fees incurred by the City in drafting or reviewing a development agreement shall be reimbursed by the applicant.

D.

Additional information. The Director may require additional information if deemed necessary to enable the Commission and Council to determine whether the development agreement is in compliance with the findings identified in Section 19.148.050 (Findings and Decision), below.

A.

Commission's recommendation. After a public hearing, the Commission shall forward a written recommendation, and reasons for the recommendation, to the Council.

B.

Council's action. Upon receipt of the Commission's recommendation, and after a public hearing, the Council shall approve the proposed development agreement only after first making all of the following findings:

1.

The development agreement provides clear and substantial benefit to the residents of the City;

2.

The development agreement is consistent with the purpose, intent, goals, policies, programs, and land use designations of the General Plan, any applicable specific plan, and this Development Code;

3.

The development agreement complies with the requirements of Government Code Sections 65865 through 65869.5;

4.

The development agreement will promote the public convenience, health, interest, safety, and general welfare of the City and will not be detrimental to or cause adverse effects to adjacent property owners, residents, or the general public;

5.

The associated project will be compatible with the uses authorized in, and the regulations prescribed for, the zone in which the real property is located;

6.

The associated project will not adversely affect the orderly development of property or the preservation of property values;

7.

The associated project will further important citywide goals and policies that have been officially recognized by the Council; and

8.

The associated project will provide the City with important, tangible benefits beyond those that may be required by the City through project conditions of approval.

A.

Adoption of an ordinance.

1.

If the Council approves the development agreement, it shall do so by the adoption of an ordinance.

2.

The City shall not execute a development agreement until on or after the date upon which the ordinance approving the agreement, enacted in compliance with Subsection 19.148.030 D. (Notice and hearings), above, becomes effective.

B.

Recordation of agreement. A development agreement shall be recorded in the County Recorder's Office no later than 10 days after it is executed and a confirming copy of the recorded document shall be sent to the City.

A.

Proposed amendment or cancellation. Either party to the agreement may propose an amendment to or cancellation of the development agreement.

B.

Procedures. The procedure and notice requirements for amendment or cancellation of the development agreement are the same as the procedure for entering into an agreement in compliance with this Chapter.

C.

City initiated amendment or cancellation. Where the City initiates the amendment or cancellation of the development agreement, it shall first give notice to the property owner of its intention to initiate the proceedings at least .10 days before giving public notice to consider the amendment or cancellation, in compliance with Chapter 19.146 (Public Notices and Hearings).

A.

Subject to periodic review.

1.

Every development agreement approved and executed in compliance with this Chapter, shall be subject to periodic City review during the full term of the agreement.

2.

The City shall review the development agreement at least every 12 months from the date the agreement is entered into.

3.

The time for review may be shortened either by agreement between the parties or by initiation in one of the following ways:

a.

Affirmative vote of at least three members of the Commission; or

b.

Affirmative vote of at least three members of the Council.

4.

The review schedule shall be specified in the development agreement.

B.

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

C.

Notice of periodic review.

1.

The Director shall initiate the review proceeding by giving notice that the City intends to undertake a periodic review of the development agreement to the applicant/contracting party or its successor(s)-in-interest.

2.

The Director shall give the notice at least 10 days in advance of the time when the matter will be considered by the Commission in compliance with Subsection 19.148.030 D. (Notice and hearings), above.

D.

Review by commission. Review shall be conducted by the Commission.

1.

The Commission shall conduct a hearing at which the applicant/contracting party or its successor(s)-in-interest shall demonstrate good faith compliance with the conditions and terms of the development agreement.

2.

The burden of proof of this issue is on the applicant/contracting party or its successor(s)-in-interest.

E.

Findings upon hearing. The Commission shall determine, upon the basis of substantial evidence, whether or not the applicant/contracting party or its successor(s)-in-interest has, for the period under review, complied in good faith with the conditions and terms of the development agreement.

F.

Procedure upon findings.

1.

Has complied.

a.

If the Commission finds and determines, on the basis of substantial evidence, that the applicant/contracting party or its successor(s)-in-interest has complied in good faith with the conditions and terms of the development agreement during the period under review, the review for that period is concluded, and a notice of that determination shall be sent to the Council and the applicant/contracting party or its successor(s)-in-interest.

b.

The Council shall review the Commission's action.

c.

If the Council so desires, it may schedule a public hearing for further review.

2.

Has not complied. If the Commission finds and determines, on the basis of substantial evidence, that the applicant/contracting party or its successor(s)-in-interest has not complied in good faith with the conditions and terms of the development agreement during the period under review, the Commission shall forward its recommendation to the Council and the Council may modify or terminate the agreement.

G.

Modification or termination of development agreement.

1.

Proceedings upon modification or termination. If, upon a finding under Subsection F. (Procedure upon Findings), above, the City determines to proceed with modification or termination of the development agreement, the City shall give notice to the applicant/contracting party or its successor(s)-in-interest of its intention to do so. The notice shall contain all of the following:

a.

The time and place of the hearing, which shall be conducted by the Council;

b.

A statement as to whether or not the City proposes to modify or terminate the development agreement; and

c.

Other information that the City considers necessary to inform the applicant/contracting party or its successor(s)-in-interest of the nature of the proceedings.

2.

Hearing on modification or termination of development agreement.

a.

At the time and place set for the hearing on modification or termination, the applicant/contracting party or its successor(s)-in-interest shall be given an opportunity to be heard.

b.

At the hearing, the Council may affirm, modify, or reject the determination of the Commission.

c.

The Council may refer the matter back to the Commission for further proceedings or for report and recommendation.

d.

The Council may impose those conditions to the action it takes as it considers reasonable and necessary to protect the interests of the City.

e.

The decision of the Council on the modification or termination shall be final.

A.

Rules in force at the time of execution. Unless otherwise provided by the development agreement, the policies, regulations, and rules 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 policies, regulations, and rules in force at the time of execution of the agreement.

B.

Application of new rules. In compliance with Government Code Section 65866, a development agreement shall not prevent the City, in subsequent actions applicable to the property, from applying new policies, regulations, and rules that do not conflict with those policies, regulations, and rules applicable to the property, nor shall a development agreement prevent the City from conditionally approving or denying any subsequent development project application on the basis of existing or new policies, regulations, and rules.

Development agreements approved by the Council shall be kept on file with the City Clerk.

The purpose of this Chapter is to provide a process for preparing, processing, reviewing, adopting, and amending specific plans in compliance with Government Code Section 65450 et seq. or as that section may be amended or replaced from time to time.

A.

General plan implementation. After the Council has adopted the General Plan, or any amendment, the City may, or as directed by the Council, shall prepare specific plans for the systematic implementation of the General Plan.

B.

Adopted by ordinance. A specific plan adopted by ordinance shall replace the base zone(s) for the subject property, and the development standards and guidelines identified in the specific plan shall take precedence over the general standards and guidelines contained in this Development Code.

C.

Adopted by resolution. A specific plan adopted by resolution shall be applied as guidelines and the applicable regulations and standards contained in this Development Code and the General Plan shall take precedence over the development standards and guidelines identified in the specific plan.

A.

Specific plan required. When required by the General Plan or this Development Code to systematically implement the General Plan, a specific plan shall be prepared, processed, approved and implemented, or denied in compliance with this Chapter.

B.

Flexibility and innovation. A specific plan is designed to provide for flexibility, innovative use of land resources and development, a variety of housing and other development types, and an effective and safe method of pedestrian and vehicular circulation.

C.

Commission and council review. An application for a specific plan shall be considered by the Commission and Council.

A specific plan may only be requested for a site(s) with a minimum of two acres.

A specific plan may only be initiated by the Council or proposed by the Director.

A.

Hearings. Public hearings shall be required for the Commission's recommendation and the Council's action on a specific plan or an amendment.

B.

Notice. Notice of the public hearings shall be given and the hearings shall be conducted in compliance with Chapter 19.146 (Public Notices and Hearings).

A.

Mandatory finding for adoption. A specific plan may only be adopted if first found consistent with the General Plan in compliance with Government Code Section 65454.

B.

Method of adoption. The specific plan shall be adopted by ordinance or by resolution of the Council, in compliance with Government Code Section 65453.

A.

Process for amendment. A specific plan may be amended through the same procedure specified by this Chapter for the adoption of a specific plan.

B.

Mandatory finding for amendment. A specific plan may only be amended if first found consistent with the General Plan in compliance with Government Code Section 65454.

C.

Frequency of amendments. The specific plan may be amended as often as deemed necessary by the Council, in compliance with Government Code Section 65453.

This Chapter provides procedures for securing punitive modification or revocation of previously approved permits or approvals.

The City's action to modify a permit or approval, instead of revocation, may include conditioning any operational aspect of the project, including buffers, duration of the permit or entitlement, hours of operation, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, or any other aspect/condition determined to be reasonable and necessary to ensure that the permit or approval is operated in a manner consistent with the original findings for approval.

The City's action to revoke a permit or approval, instead of modification, shall have the effect of terminating the permit or approval and denying the privileges granted by the original approval.

A.

Permits. A Conditional Use Permit, Minor Use Permit, or other City planning permit or approval (except a Variance or Administrative Variance, see Subsection B., below) may be modified or revoked by the review authority (e.g., Director, ARB, Commission, or Council) that originally approved the permit, if the review authority first makes any one of the following findings:

1.

Circumstances under which the permit or approval was granted have been changed by the applicant to an extent that one or more of the findings that justified the original approval can no longer be made, and the public health, safety, and welfare require the modification or revocation;

2.

The permit or other approval was granted, in whole or in part, on the basis of a fraud, misrepresentation, or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing, for the permit or approval;

3.

One or more of the conditions of the original permit or approval have not been substantially fulfilled or have been violated and/or the permit is in violation of any statute, ordinance, law or regulation;

4.

The approved use or structure has not been exercised within 12 months of the date of approval in compliance with Section 19.143.080 (Expiration);

5.

The approved use or structure has ceased to exist or has been suspended for a period in excess of 12 months;

6.

An improvement authorized in compliance with the permit or approval is in violation of any applicable code, law, ordinance, regulation, or statute; or

7.

The improvement/use allowed by the permit or approval has become detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a nuisance.

B.

Variances. A Variance or Administrative Variance may be modified or revoked by the review authority which originally approved the Variance or Administrative Variance, if the review authority first makes any one of the following findings, in addition to any one of the findings specified in Subsection A., above:

1.

Circumstances under which the original approval was granted have been changed by the applicant to a degree that one or more of the findings contained in the original approval can no longer be made in a positive manner, and the grantee has not substantially exercised the rights granted by the Variance or Administrative Variance; or

2.

One or more of the conditions of the Variance or Administrative Variance have not been met, or have been violated, and the grantee has not substantially exercised the rights granted by the Variance or Administrative Variance in compliance with Section 19.143.080 (Expiration).

A.

Hearing.

1.

The appropriate review authority shall hold a public hearing to modify or revoke a permit or approval granted in compliance with the provisions of this Development Code. The hearing shall be noticed and conducted in compliance with Chapter 19.146 (Public Notices and Hearings).

2.

Ten days before the public hearing, notice shall be mailed or delivered to the applicant for the permit or approval being considered for modification or revocation, and/or owner of the property for which the permit or approval was granted. The only exception to the 10-day notice provision shall be for Temporary Use Permits which, because of their short term nature, shall only require a 24-hour notice.

B.

Mailing of notice. Notice shall be deemed delivered two days after being mailed through the United States Postal Service, postage paid, or by some other method providing for proof of delivery, to the owner as shown on the County's current equalized assessment roll and to the project applicant, if not the owner of the subject property.

This Chapter establishes provisions that are intended to ensure compliance with the requirements of this Development Code and any conditions of planning permit approval, to promote the City's planning efforts, and for the protection of the public health, safety, and welfare of the City.

All departments, officials, and public employees of the City who are assigned the authority or duty to issue certificates, licenses, or permits shall comply with the provisions of this Development Code.

A.

Permits in conflict with development code. Certificates, licenses, or permits for uses or structures that would be in conflict with the provisions of this Development Code shall not be issued.

B.

Permits deemed void. Any certificate, license, or permit issued in conflict with the provisions of this Development Code shall be void and of no effect.

A.

Use of land. The Director, and the Director's designee(s), shall exercise the authority provided in California Penal Code Section 836.5, and issue Notices of Violation, stop work orders, and citations for any violations of this Development Code pertaining to the use of any land.

B.

Use of structures. The Director, and the Director's designee(s), shall enforce those provisions of this Development Code pertaining to the addition, alteration, construction, conversion, erection, installation, moving, reconstruction, or use of any structure; and to enforce the requirements of occupancy in any dwelling (multi-family, single-family, or two-family) or other structure not otherwise regulated by this Development Code.

A.

By director and building official. The Director and the Director's designee(s) shall have the rights and powers of enforcing the provisions of this Development Code.

B.

Authorized to enter defined areas. For the purpose of necessary investigations and inspections, the Director and the Director's designee(s) are hereby authorized to enter upon the following defined areas of private property within the City:

1.

Any area which is open to the public generally;

2.

Any area which is visible and accessible from the public street and which is not fenced or locked or otherwise physically arranged in a manner as to evidence an intent to prohibit entry;

3.

Any area which is used as common area by persons residing or staying in structures located upon the property, unless the area is fenced or locked or otherwise physically arranged in a manner as to evidence an intent to prohibit entry; and

4.

Any area where the privacy of an individual would not be violated by entry. Any person who interferes or refuses with the right of entry granted by this Section shall be guilty of a misdemeanor.

This Section describes the procedures for initiating enforcement action in cases where the Director has determined that real property within the City is being used, maintained, or allowed to exist in violation of the provisions of this Development Code. It is the objective of these provisions to encourage the voluntary cooperation of responsible parties in the prompt correction of violations, so that the other enforcement measures provided by this Chapter may be avoided.

A.

Notice to responsible parties. The Director, through the City's Code Enforcement Staff, shall provide the record owner of the subject site and any person in possession or control of the site with a written Notice of Violation, which shall include the following information:

1.

A description of each violation and citations of applicable Development Code provisions being violated;

2.

A time limit for correcting the violation(s) in compliance with Subsection B., below;

3.

A statement that the City intends to charge the property owner for all administrative costs associated with the abatement of the violation(s) in compliance with Section 19.154.100 (Recovery of Costs), and/or initiate legal action as described in Section 19.154.080 (Legal Remedies); and

4.

A statement that the property owner or any person in possession or control of the site may request and be provided a meeting with the Director to discuss possible methods and time limits for the correction of the violation(s).

B.

Time limit for correction.

1.

The Notice of Violation shall state that the violation(s) shall be corrected within 14 days from the date of the notice to avoid further enforcement action by the City, unless the responsible party contacts the Director within that time to arrange for a longer period for correction.

2.

The 14-day time limit may be extended by the Director upon a showing of good cause.

3.

The Director may also require through the Notice of Violation that the correction occur within less than 14 days if the Director determines that the violation(s) constitutes a hazard to public health or safety.

C.

Use of other enforcement procedures. The enforcement procedures of Section 19.154.080 (Legal Remedies) may be employed by the Director after or instead of the provisions of this Section where the Director determines that this Section would be ineffective in securing the correction of the violation(s) within a reasonable time.

A.

Record notice with county recorder's office. If property in the City exists in violation of this Development Code and the owner fails or refuses to correct the violation, the City may record a Notice of Violation against the affected property in the County Recorder's Office.

B.

City actions before recordation. Before recording a Notice of Violation, the City shall do all of the following:

1.

Mailing of notice.

a.

The Director, through the City's Code Enforcement Staff, shall send a written Notice of Violation to the current owner(s) and any mortgage holder(s) that a violation(s) exists and request that the owner(s) correct the violation within a specified, reasonable period of time.

b.

The Director may, in the Director's discretion, send more than one Notice of Violation.

2.

Failure to correct violation.

a.

If the owner fails or refuses to correct the violation(s) within the specified time, the Director, through the City's Code Enforcement Staff, shall mail to the current owner(s) by regular first class and by certified mail a Notice of Intention to record a Notice of Violation, describing the real property in detail, naming the owner(s), describing the violation in detail (including relevant Municipal Code sections), and stating that an opportunity will be given to the owner(s) to present evidence.

b.

The notice shall specify a time, date, and place for a Commission hearing at which the owner may present evidence to the Commission why the Notice of Violation should not be recorded.

c.

The Commission hearing shall take place no sooner than 30 days and no later than 60 days following the date of mailing of the Notice of Violation.

3.

Commission's actions.

a.

The Commission shall hear the matter on the date schedule.

b.

If, after the owner(s) and the City Staff have presented evidence, the Commission determines that there is no violation, the Director shall mail a clearance letter to the current owner.

c.

If the owner(s) fails to appear, or the Commission determines that there is a violation(s), the Commission may, by resolution, direct the Director to record the Notice of Violation with the County Recorder.

4.

Constructive notice. The Notice of Violation, when recorded, shall be deemed to be constructive notice of the violation(s) to all successors-in-interest in the property, under California Civil Code Sections 1213 and 1215.

5.

Release or cancellation of notice of violation. If the owner corrects the violation(s) or the property otherwise becomes conforming after the Notice of Violation has been recorded, and the owner has notified the City in writing and consented to an inspection to confirm the correction, the Director shall record a release or cancellation of the Notice of Violation.

A.

Violations of this development code.

1.

Any use of land or structures operated or maintained contrary to the provisions of this Development Code and any structure constructed or maintained contrary to the provisions of this Development Code are hereby declared to be a violation of this Development Code and a public nuisance.

2.

The violation of any required condition imposed on a permit or approval shall constitute a violation of this Development Code and may constitute grounds for revocation or modification of the permit in compliance with Chapter 19.152 (Permit Modifications and Revocations).

B.

Guilty of a misdemeanor. Any person, firm, or corporation, whether as principal, agent, employee, or otherwise, violating or causing the violation of any of the provisions of this Development Code shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable in compliance with Municipal Code Section 1.04.100 (Penalty for violation).

The City may choose to undertake any one or all of the following legal actions to correct and/or abate any nuisances or violation(s) of this Development Code.

A.

Civil actions.

1.

Injunction. The City Attorney, upon order of the Council, may apply to the Superior Court for injunctive relief to terminate a violation(s) of this Development Code.

2.

Abatement proceedings. Where any person fails to abate a violation(s) after being provided a Notice of Violation in compliance with Subsection 19.154.060 A. (Record Notice with County Recorder's Office), above, and the opportunity to correct or end the violation(s), the City Attorney, upon order of the Council, shall apply to the Superior Court for an order authorizing the City to undertake actions necessary to abate the violation(s) and require the violator to pay for the cost of the actions.

3.

Nuisance abatement. The City may pursue any remedies or enforcement action(s), as provided in the Municipal Code for the abatement of a nuisance.

B.

Civil penalties and remedies.

1.

Civil penalties. Any person, who willfully violates the provisions of this Development Code, or any permit or approval issued in compliance with this Development Code, shall be liable for a civil penalty in compliance with the Planning Fee Schedule for each day that a violation(s) continues to exist.

2.

Costs and damages. Any person violating any provisions of this Development Code, or any permit or approval issued in compliance with this Development Code, shall be liable to the City for the costs incurred and the damages suffered by the City, its agents, and agencies as a direct result of the violation(s).

3.

Procedure. In determining the amount of the civil penalty to impose, the Court should consider all relevant circumstances, including the extent of the harm caused by the conduct constituting a violation(s), the nature and persistence of the conduct, the length of time over which the conduct occurred, the assets, liabilities, and net worth of the defendant, whether corporate or individual, and any corrective action taken by the defendant.

C.

Criminal actions and penalties. See Section 19.154.070 (Violations), above.

A.

Cumulative, not exclusive. All remedies contained in this Development Code for the handling of violations or enforcement of the provisions of this Development Code shall be cumulative and not exclusive of any other applicable provisions of City, County, or State law.

B.

Other remedies. Should a person be found guilty and convicted of an infraction or misdemeanor for the violation of any provision(s) of this Development Code, or any permit or approval issued in compliance with this Development Code, the conviction shall not prevent the City from pursuing any other available remedy to correct the violation(s).

This Section establishes procedures for the recovery of administrative costs, including Staff and City Attorney time expended on the enforcement of the provisions of this Development Code in cases where no permit is required in order to correct a violation. The intent of this Section is to recover City administrative costs reasonably related to enforcement in compliance with Code of Civil Procedure Section 1033.5 and this Section.

A.

Record of costs.

1.

The Department shall maintain records of all administrative costs incurred by responsible City departments associated with the processing of violations and enforcement of this Development Code, and shall recover the costs from the property owner in compliance with this Section.

2.

Staff and City Attorney time shall be calculated at an hourly rate as established and revised from time to time by the Council.

B.

Notice. Upon investigation and a determination that a violation(s) of any of the provisions of this Development Code, or any condition(s) imposed on a permit or approval is found to exist, the Director, through the City's Code Enforcement Staff, shall notify the record owner or any person having possession or control of the property by mail, of the existence of the violation(s), the Department's intent to charge the property owner for all administrative costs associated with enforcement, and of the owner's right to a hearing on any objections they may have. The notice shall be in a form approved by the City Attorney.

C.

Summary of costs and notice.

1.

At the conclusion of the case, the Director, through the City's Code Enforcement Staff, shall send a summary of costs associated with enforcement to the owner and/or person having possession or control of the property by certified and first class mail.

2.

The summary shall include a notice in a form approved by the City Attorney, advising the responsible party of their right to request a hearing on the charges for City cost recovery within 10 days of the date of the notice, and that if no request for hearing is filed, the responsible party will be liable for the charges.

3.

In the event that no request for hearing is timely filed or, after a hearing the Director affirms the validity of the costs, the property owner or person in control shall be liable to the City in the amount stated in the summary or any lesser amount as determined by the Director.

4.

The costs shall be recoverable in a civil action in the name of the City, in any court of competent jurisdiction, or by tax assessment or a lien on the property in compliance with Government Code Section 54988, at the City's election.

5.

The obligation to pay any unpaid costs shall be made a personal obligation of the property owner.

6.

The obligation may be recovered against the property owner through a civil action initiated by the City or its authorized collection agent, or in any other manner provided for by law.

7.

The City shall be entitled to recover all costs related to the civil action, including the City Attorney's fees.

D.

Attorney's fees.

1.

In any action or administrative proceeding to abate a nuisance, the prevailing party in the action or proceeding shall be entitled to recover reasonable attorney's fees; however, the amount of attorney's fees awarded to a prevailing party shall not exceed the amount of attorney's fees incurred by the City in the action or proceeding.

2.

An award of attorney's fees in compliance with this Section shall only be allowed where the City elects, at the initiation of the action or proceeding, to seek recovery of its own attorney's fees.

E.

Request for hearing on costs. Any property owner, or other person having possession or control of the subject property, who receives a summary of costs shall have the right to a hearing before the Director on their objections to the proposed costs.

1.

A request for hearing shall be filed with the Department within 10 days of the service by mail of the Director's summary of costs, on a form provided by the Department.

2.

Within 30 days of the filing of the request, and on 10 days written notice to the owner, the Director shall hold a hearing on the owner's objections, and determine their validity.

3.

In determining the validity of the costs, the Director shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered include:

a.

Whether the present owner created the violation(s);

b.

Whether there is a present ability to correct the violation(s);

c.

Whether the owner moved promptly to correct the violation(s);

d.

The degree of cooperation provided by the owner; and

e.

Whether reasonable minds can differ as to whether a violation(s) exists.

4.

The Director's decision shall be appealable in compliance with Chapter 19.144 (Appeals).

Any person who establishes a land use, or alters, constructs, demolishes, enlarges, erects, maintains, or moves any structure without first obtaining any permit or approval required by this Development Code, shall pay the additional permit processing fees established by the Planning Fee Schedule for the correction of the violations, before being granted a permit for a use or structure on the site.

A.

Amount and applicability of reinspection fees.

1.

A reinspection fee shall be imposed on each person who receives a Notice of Violation, notice and order, or letter of correction of any provision of this Development Code, any permit or approval issued in compliance with this Development Code, the Municipal Code, adopted Building Code, or State law.

a.

The fee amount shall be established by the Planning Fee Schedule.

b.

The fee may be assessed for each inspection or reinspection conducted when the particular violation for which an inspection or reinspection is scheduled is not fully abated or corrected as directed by, and within the time and manner specified in, the notice or letter.

2.

The fee shall not apply to the original inspection to document the violation(s) and shall not apply to the first scheduled compliance inspection made after the issuance of a notice or letter, if the correction(s) has been made.

B.

Continuation of the original case.

1.

If a notice or letter has been previously issued for the same violation and the property has been in compliance with the provisions of this Development Code or the Municipal Code for less than 90 days, the violation shall be deemed a continuation of the original case, and all inspections or reinspections, including the first inspection for the repeated offense, shall be charged a reinspection fee.

2.

This fee is intended to compensate for administrative costs for unnecessary City inspections, and is not a penalty for violating this Development Code or the Municipal Code.

3.

Any reinspection fees imposed shall be separate and apart form any fines or penalties imposed for violation of this Development Code in compliance with Municipal Code Sections 1.04.100 (Penalty for violation), 1.04.101 (Infractions), 1.08.040 (Administrative citation authority and scope), or costs incurred by the City for the abatement of a public nuisance.