The purposes of this Division and Chapter are to:

1. Describe the procedures and requirements for the filing of applications for permits, discretionary approvals and amendments.

2. Ensure that each new or expanded use of a site or development of a structure complies with the Zoning Ordinance.

3. Describe procedures and responsibilities for application review and action. [Ord. 515 § 2, 2018; ZO § 40.100.]

The Community Development Director shall be responsible for the review and processing of applications and appeals related to permits and other administrative actions identified within the Zoning Ordinance, unless another official of the City is specifically identified by the Zoning Ordinance. [Ord. 515 § 2, 2018; ZO § 40.200.]

An application shall be filed with the Community Development Director on a form provided for the type of permit or approval sought by the applicant, and shall include a signed statement that the applicant is the property owner or an agent authorized by the owner. The required number of copies of submittal materials shall be determined by the Community Development Director. The application shall be accompanied by all fees, plans, maps, studies and other materials required within the Zoning Ordinance along with any additional information required by the application form and the Community Development Director.

The Community Development Director shall review the application for completeness and shall accept the application as final or mail a written notification of application incompleteness to the applicant within 30 days of application submittal and acceptance. The notification shall identify all information needed to complete the application along with additional information that may be needed to perform an environmental review of the proposed project. Resubmittals of incomplete applications shall be reviewed by the Community Development Director and the applicant shall be mailed written notification of completeness within 30 days of resubmittal of application materials.

At the time of filing an application, the Community Development Director shall inform the applicant that he may make a written request to receive notice of any proposal within the City to adopt or amend any of the following:

1. General Plan.

2. Specific Plan.

3. Zoning Ordinance.

4. Rule or regulation affecting the issuance of development permits.

5. Ordinance affecting building permits or grading permits.

A fee may be charged to the applicant for this notification as part of the application fee. [Ord. 515 § 2, 2018; ZO § 40.300.]

An applicant may request a pre-application conference with the Community Development Director prior to formal submittal of an application. Projects that require multiple applications are strongly encouraged to request a pre-application conference. The pre-application conference is intended to provide the applicant with preliminary information regarding applicable policies, plans, regulations, and procedures related to the proposed project along with preliminary staff comments on the project including possible alternatives and modifications. [Ord. 515 § 2, 2018; ZO § 40.400.]

An applicant for a project which would require the filing of more than 1 application may file all applications concurrently. Processing and environmental review may proceed concurrently and the final actions on the project may proceed sequentially as required in this Division and State law. [Ord. 515 § 2, 2018; ZO § 40.500.]

A schedule of fees for permits, discretionary approvals, amendments and other matters pertaining to the Zoning Ordinance shall be established by resolution of the City Council. It is the intent of the fees to reimburse the City for its costs in reviewing and acting upon an application. Fees may be established with a base level that may be increased at an hourly rate to cover staff time spent on an application and/or increased to cover the cost of consultants required to evaluate or assist an application. Deposits may be required to cover estimated staff time and consultant costs. Until all fees and deposits required with the application have been paid in full and the applicant has entered into a cost recovery agreement with the City, the application will not be accepted and review shall not commence. The City is not required to continue processing any application unless fees and any deposits are paid in full. Failure to pay the applicable fees and deposits is grounds for denial or revocation of an application. [Ord. 515 § 2, 2018; ZO § 40.600.]

All applications subject to discretionary review by the Community Development Director, Planning Commission or City Council shall be accompanied by a mailing list and address labels of all property owners within 300 feet of the exterior property lines of the project site, certified by the applicant. [Ord. 515 § 2, 2018; ZO § 40.700.]

All proposed projects and applications are subject to environmental review under the California Environmental Quality Act (CEQA) unless exempt under CEQA statutes and guidelines. Projects and applications that are subject to CEQA environmental review will be the subject of a negative declaration, mitigated negative declaration or environmental impact report as required by CEQA and as set forth in the CEQA Guidelines for the City of Hercules. An initial study prepared by the Community Development Director shall determine the form of environmental review appropriate for a project or application. The environmental review determination of the Community Development Director may be appealed to the City Council. A written appeal must be submitted to the Community Development Director within 10 working days of the date of environmental review determination as per Section 13-44.700. [Ord. 515 § 2, 2018; ZO § 40.800.]

To ensure that new or expanded uses of a structure or site and new structures or alterations of existing structures comply with all applicable provisions of the Zoning Ordinance and other applicable regulations of the City, and to provide the City with a record of each new or expanded use of a structure or site. [Ord. 515 § 2, 2018; ZO § 41.100.]

A certificate of occupancy is required before any structure or site may be occupied or used. No structure that is erected, moved, altered, or enlarged shall be occupied or used; and no site shall be initially occupied or used until a certificate of occupancy is issued by the Building Official. [Ord. 515 § 2, 2018; ZO § 41.200.]

Application for a certificate of occupancy shall be filed with the Building Official prior to the erection, moving, alteration or enlargement of any structure and prior to the commencement of a new use or a change of use of any structure or site. [Ord. 515 § 2, 2018; ZO § 41.300.]

The Building Official shall issue a certificate of occupancy upon receipt of written notice that the structure or site is ready for occupancy or use and after he has inspected the structure or site; provided, that the structure or site and the intended use thereof conform with the regulations for the district in which it is located and all other applicable provisions of the Zoning Ordinance including conditions of approval that may be required for the property, structure or use. [Ord. 515 § 2, 2018; ZO § 41.400.]

The purposes of the design review Chapter are to:

1. Improve the general standards of orderly development of the City through design review of individual buildings, structures, and their environs.

2. To improve and augment the controls related to planning and building in order to promote development that is in the best interests of the public health, safety and welfare of the City.

3. Establish standards and policies that will promote and enhance good design, site relationships, and other aesthetic considerations in the City.

4. Preserve and enhance property values and the visual character of the community. [Ord. 515 § 2, 2018; ZO § 42.100.]

Prior to the issuance of any permit for the erection, construction, or exterior alteration of any public or private building, fence, structure or sign, the applicant shall secure approval of the proposed design from the Planning Commission; except that approval of a proposed design for additions to single-family homes, accessory structures of single-family homes or fences shall be approved by the Community Development Director. [Ord. 515 § 2, 2018; ZO § 42.200.]

An application for design review shall be filed with the Community Development Director as per Chapter 13-40, Administration, Applications and Fees. Applications for design review shall be submitted in writing upon the form provided by the Planning Department. A design review application may be filed in conjunction with applications for a tentative subdivision map, environmental impact documents, Zoning Ordinance permits and approvals, and other permits that may be required for the project. The design review application and the data and information required shall be known as the design review plan.

The application shall contain the name and address of the applicant, the owner of the land and his signed approval for submittal of the application as per Section 13-40.300, a description of the property involved, street address, reasons for filing of the application, a description of the project to be undertaken and other information that may be required by the Community Development Director.

If any of the data required by this Section has already been submitted by the applicant in conjunction with an application for approval of a tentative subdivision map, with environmental impact documents, with an application for a permit pursuant to the Zoning Ordinance, or such other permit application, such data need not be submitted again with the design review application.

The application shall be accompanied by copies, in a quantity required by Community Development Director, of site plans, diagrams, photographs, materials or other presentation material as may be necessary for complete design review of the proposed project. Plans shall be drawn to scale of a size as required by the Community Development Director and shall indicate the following data where applicable:

1. Site Plan.

A. Property lines.

B. Existing features on the site and off-site features within 50 feet of the site boundaries, including structures, roads, trees, plant life, streambeds, rock outcroppings, or other significant natural features.

C. Proposed buildings with dimensions.

D. Proposed roads, walks and paths.

E. A grading plan showing finished grade on the site and adjoining sites at the property lines in comparison with the existing grade.

F. Location, number of spaces, dimensions of off-street parking.

G. Pedestrian, vehicular and service ingress and egress, driveway widths.

H. Setbacks.

I. Street dedications and improvements.

J. Location, height and design of all fences or walls.

K. Open space use and landscaped areas.

2. Building Design.

A. All elevations of each building and composite elevation from street if multiple buildings are proposed.

B. Color renderings, if necessary.

C. Perspective drawings to show relationship after development of the building(s) to off-site features.

D. The types and finishes of all the materials to be applied to the exterior surfaces of the proposed structures, walls or additions.

E. The natural colors of the materials to be applied and the colors of any paint or manufactured product on the exterior of the structure, walls or addition.

F. The lighting to be applied to the exterior wall surfaces or to be used for walkways, drives and parking lots, and the light cast by the building’s interior, its signs, etc., which is visible from adjacent or neighboring properties.

G. All identifications and direction signs and graphics visible from the exterior of a proposed structure.

H. All art work, sculpture, fountains and other ornamental or decorative features visible from surrounding properties.

I. All provisions for and design of the following appurtenances if visible from the exterior:

1) Utility lines, meters and boxes.

2) Refuse, storage and pickup areas.

3) Stairs and ramps.

4) Flues, chimneys and exhaust fans.

5) Sun shades, awnings and louvers.

6) Balconies.

7) Mechanical equipment visible from the exterior.

8) Penthouses.

9) Loading docks.

10) Downspouts.

11) Antennas.

3. Landscaping and Irrigation. Landscaping and irrigation plans shall document conformance with the landscaping standards specified in Section 13-30.700. Landscape plans shall indicate the total landscaped area, the area and percentage of drought resistant plantings, and the area and percentage of nondrought resistant plantings.

4. Environmental Form. A completed Environmental Information Form and a written statement which outlines the proposed mitigation measures for potential site development problems such as flooding, access, geologic/seismic hazards, and noise.

5. Additional Data. Other data that may be required to permit the Planning Commission to make the required findings. [Ord. 515 § 2, 2018; ZO § 42.300.]

A design review application is subject to review and action by either the Community Development Director or the Planning Commission as per Section 13-42.200.

1. Applications Subject to Community Development Director Approval.

A. Community Development Director Review and Action. After determining that an application for design review approval is complete, the Community Development Director shall review the application and shall either approve, approve with conditions or deny the application within 10 working days after the application has been found complete. All actions of the Community Development Director shall take effect after expiration of the 14-day appeal period. Any action by the Community Development Director may be appealed to the Planning Commission as per Section 13-44.600. Such appeal shall be heard at the next available meeting of the Planning Commission.

B. Referral to Planning Commission. When, in the opinion of the Community Development Director, an application for an addition to a single-family home or an accessory structure to a single-family home is of a size, importance or unique nature such that he judges it to be a significant design issue, the Community Development Director may place the application before the Planning Commission for determination as set forth in subsection (2) of this Section.

2. Applications Subject to Planning Commission Approval.

A. Initial Review and Comment by Community Development Director. After determining that an application for design review approval is complete, the Community Development Director shall review the application and prepare and send written comments on the proposed plans to the applicant. The preliminary comments shall be sent to the applicant no later than 10 working days after the application is determined to be complete. Thereafter the applicant shall prepare and submit revised plans, if necessary, responding to the director’s comments.

B. Planning Commission Review and Action. Upon receipt of a complete submittal of revised plans, the Community Development Director shall schedule review of the application by the Planning Commission at the next available Planning Commission meeting. Prior to the Planning Commission meeting or hearing, the Community Development Director shall submit written comments to the Commission regarding the application. The Planning Commission may approve, approve with conditions, or deny an application. In order to approve an application (with or without conditions) the Planning Commission must make the findings stated in this Section. [Ord. 515 § 2, 2018; ZO § 42.400.]

The Planning Commission shall make the following findings prior to approving a design review plan:

1. The approval of the design review plan is in compliance with all provisions of this Chapter, pertinent provisions of Zoning Ordinance and applicable zoning and land use regulations, including but not limited to the Hercules General Plan as amended and any specific plan.

2. The approval of the design review plan is in the best interests of the public health, safety, and general welfare.

3. General site considerations, including site layout, open space and topography, orientation and location of buildings, vehicular access, circulation and parking, setbacks, height, walls, fences, public safety and similar elements have been designed to provide a desirable environment for the development.

4. General architectural considerations, including the character, scale, and quality of the design, the architectural relationship with the site and other buildings, building materials, colors, screening of exterior appurtenances, exterior lighting and signing, and similar elements are consistent with applicable design standards.

5. General landscape considerations, including the location, type, size, color, texture and coverage of plant materials at the time of planting and after a 5-year growth period, provision for irrigation, maintenance and protection of landscaped areas and similar elements are consistent with applicable design standards. [Ord. 554 § 2, 2025; Ord. 515 § 2, 2018; ZO § 42.500.]

The procedures for hearings and appeals are specified in Chapter 13-44, Hearings, Appeals and Judicial Review. [Ord. 522 § 1, 2019; Ord. 515 § 2, 2018; ZO § 42.600.]

1. Except for vesting tentative maps approved under Title 10, Chapter 2, Article 3.1 of the Municipal Code and development agreements approved under Title 10, Chapter 8 of the Municipal Code, approved design review plans shall expire 1 year from the date of approval unless prior to the expiration a building permit is issued by the Building Official and construction is commenced and diligently pursued toward completion.

2. A design review plan approved in conjunction with approval of a vesting tentative maps or development agreement shall expire concurrently with the expiration of the vesting tentative map or according to the terms of development agreement.

3. Design review approval may be renewed for a maximum of 1 additional year beyond the original date of expiration; provided, that a request for such renewal is submitted to the Planning Department before the date of expiration. The Planning Commission may grant or deny a request for renewal which may be appealed to the City Council. [Ord. 515 § 2, 2018; ZO § 42.700.]

1. A design review approval may be modified through submittal of an application for minor modification as per Chapter 13-46. Any minor modifications must meet the required findings of this Chapter. A proposed modification that does not meet minor modification criteria shall be treated as a new application subject to the application, findings and public hearing requirements of this Chapter.

2. A design review approval may be revoked by the Planning Commission as per Section 13-44.800 if the development does not comply with adopted conditions of approval or other regulations of the Zoning Ordinance. [Ord. 515 § 2, 2018; ZO § 42.800.]

1. Upon final review and approval of a project, all changes, conditions or modifications required by the Community Development Director, Planning Commission or City Council shall be incorporated into the working drawings prior to issuance of a building permit. The Community Development Director shall certify whether the corrected plans incorporate all requirements prior to issuance of a building permit. No certificate of occupancy shall be issued until the project construction complies with all approved plans and requirements. [Ord. 515 § 2, 2018; ZO § 42.900.]

All officials, departments and employees of the City of Hercules vested with the authority or duty to issue permits, certificates or licenses shall comply with the provisions of the Zoning Ordinance and shall issue no permit, certificate or license which conflicts with the provisions of this Title. Any permit, certificate or license issued in conflict with the provisions of this Title shall be void. [Ord. 515 § 2, 2018; ZO § 43.100.]

The Community Development Director shall be the official responsible for the enforcement of the Zoning Ordinance. In the discharge of this duty the Community Development Director or his agents shall have the right to enter on any site or to enter any structure for the purpose of investigation and inspection; provided, that the right of entry shall be exercised only at reasonable hours, and that in no case shall any structure be entered in the absence of the owner or tenant without written permission, or a written order of a court of competent jurisdiction. The Community Development Director may serve notice requiring the removal of any structure or use in violation of this Title on the owner or his authorized agent, on a tenant, or on an architect, builder, contractor or other person who commits or participates in any violation. The Community Development Director may call upon the City Attorney to institute necessary legal proceedings to enforce the provisions of this Chapter and the City Attorney is hereby authorized to institute appropriate actions to that end. The Community Development Director may call upon the Chief of Police and his authorized agents and the Building Official and his authorized agents to assist in the enforcement of this Title. [Ord. 515 § 2, 2018; ZO § 43.200.]

Any structure erected, moved, altered, enlarged or maintained and any use of a site contrary to the provisions of this Zoning Ordinance shall be and is hereby declared to be unlawful and a public nuisance to be abated as provided in Chapter 4-10 of the Municipal Code. [Ord. 515 § 2, 2018; ZO § 43.300.]

To specify standard procedures for hearings before the Planning Commission and City Council and appeals of any requirement, decision or determination made by the Community Development Director and Planning Commission. [Ord. 515 § 2, 2018; ZO § 44.100.]

Upon submittal of a complete application(s), the application(s) shall be reviewed and processed consistent with the provisions of the California Government Code Section 65090 et seq.

When a provision of the Zoning Ordinance requires or results in a public hearing, notice shall be given in all of the following ways:

1. Written notice of the hearing shall be mailed or delivered to the owner or his agent and the applicant not less than 10 days prior to the public hearing.

2. Written notice of the hearing shall be mailed or delivered to each local agency expected to provide public facilities or services to the project and whose ability to provide facilities or services may be significantly affected not less than 10 days prior to the public hearing.

3. Written notice of the hearing shall be mailed or delivered to all property owners within 300 feet of the property subject to the hearing not less than 10 days prior to the public hearing. The list of owners within 300 feet along with adequate mailing labels to notice the required public hearings shall be prepared by the applicant and shall accompany the application using for this purpose the last known name and address of owners as shown in the current tax assessor’s records. Additional notice may be required by the Planning Director when in a particular case circumstances warrant such additional notice. Such additional notice may include but is not limited to: extending mailed notice to beyond 300 feet of the property; providing notice to tenants in addition to the notice required to be provided to property owners; and utilizing additional means of notification in addition to mailed notice. Whenever the Planning Director decides in his or her discretion to require additional notice, the reason for imposing the additional notice shall be provided to the applicant, and shall be included in any staff report to the Planning Commission and City Council.

If the number of property owners to be notified exceeds 1,000, the City may in lieu of mailing notices provide notice by placing a display advertisement of at least one-eighth page in length in at least 1 newspaper of general circulation within the City and post notice of the hearing not less than 10 days prior to the public hearing in at least 3 public places within the boundary of the City including 1 area directly affected by the proceeding.

The public notice shall include the date, time, and place of public hearing, the name of hearing body, a general explanation of the matter to be considered, and a general description in text or diagram of the location of the property subject to the hearing. The notice should also include a statement that any interested person is invited to appear to address or object to the application in question and a statement of appeal procedures and time limits. [Ord. 521 § 1, 2019; Ord. 515 § 2, 2018; ZO § 44.200.]

Hearings shall be held at the time, date and place for which notice has been given in compliance with Section 13-44.200. Summary minutes of the hearing or an audio tape shall be prepared and made part of the application file. During a public hearing a staff report on the application may be made followed by questions from the Commission or Council. The applicant may then provide testimony followed by testimony from the public including representatives of public agencies. The Commission or Council may establish reasonable limits on the number of speakers and time allotted for testimony. Upon request, the applicant shall be allowed to respond to the public testimony and answer questions from the Commission or Council. Upon close of the public hearing, the Commission or Council shall reach a decision, making findings including those required in the Zoning Ordinance in support of the action.

Any hearing may be continued; provided, that prior to the adjournment or recess of the hearing, a clear announcement is made regarding the continued hearing and specifying the date, time and place to which the hearing will be continued, subject to limitations provided by law, and in such case no further notice need be given. [Ord. 515 § 2, 2018; ZO § 44.300.]

The Community Development Director shall prepare a notice of decision for actions on zoning applications by the Community Development Director, Planning Commission and City Council. The decision shall include findings, any conditions of approval (including date of effect) as needed to mitigate any impacts and protect the health, safety and welfare of the community, and the appeal period allowed by the Zoning Ordinance. The notice of decision shall be posted within a public area of City Hall and mailed by the Community Development Director to the applicant at the address on the application within 14 calendar days of the decision. [Ord. 522 § 1, 2019; Ord. 515 § 2, 2018; ZO § 44.400.]

Decisions made by the Community Development Director, Commission and Council are effective upon expiration of any appeal period specified by the Zoning Ordinance, and commencement of any effective date adopted within the decision. [Ord. 515 § 2, 2018; ZO § 44.410.]

The Council, through majority vote, may call up for review any decision of the Community Development Director or Planning Commission. The determination to call up for review shall be made by the Council at its next regular meeting following the posting of the notice of decision pursuant to Section 13-44.400, unless that meeting would be within 2 calendar days of the posting of the notice, in which case the Council may make the determination to call up for review at the second regular meeting following posting of the notice. The Council shall specify the issues to be reviewed when it determines to call an item up for review. The Council shall hear and determine a decision that is called up for review in the same manner as an appeal hearing. [Ord. 522 § 1, 2019; Ord. 515 § 2, 2018; ZO § 44.500.]

Any discretionary decision made by the Community Development Director where such decision is not designated as final by the Zoning Ordinance may be appealed to the Planning Commission by the applicant or any person affected by a determination or decision. An appeal requires filing a written appeal with the Community Development Director within 14 calendar days of the mailing or posting of the notice of decision.

Any determination or decision made by the Planning Commission may be appealed to the City Council by the applicant or any person affected by a determination or decision. An appeal requires filing a written appeal with Community Development Director within 14 calendar days of the mailing or posting of the notice of decision.

The written appeal shall include the name and address of the person filing the appeal, the decision that is being appealed, a description of the grounds upon which the appeal is based, and applicable filing fees. [Ord. 522 § 1, 2019; Ord. 515 § 2, 2018; ZO § 44.600.]

The appeal shall suspend the effective date of the contested action until the appeal is decided by the Planning Commission or City Council. The appeal shall be heard by the Planning Commission or City Council at the next available hearing. The Planning Commission may refer the matter back to the Community Development Director for further consideration and the Council may refer the matter back to the Planning Commission for further consideration, in which case the referral shall be investigated as advisable and conclusions reported back to the Commission or Council.

Notice of an appeal hearing shall be given in the same manner as a public hearing per Section 13-44.200. Appeal hearings shall be conducted in the same manner as public hearings per Section 13-44.300.

An appeal to the Commission or Council may be reversed, affirmed in whole or in part, or modified with determinations and conditions as the facts warrant. Any action on appeal shall be consistent the General Plan and with the required standards, regulations and findings of the Zoning Ordinance. Decisions made by the Council on appeal shall be final and conclusive. [Ord. 515 § 2, 2018; ZO § 44.610.]

Following the denial of a application for a permit, variance, amendment or other zoning approval or the revocation of a permit or zoning approval, no application for the same or substantially the same permit, variance, amendment or other zoning approval shall be filed within 1 year of the date of denial or revocation. The Community Development Director shall determine whether a new application is the same or substantially the same as previously denied or revoked approval, and the decision of the Community Development Director may be appealed to the Planning Commission. [Ord. 515 § 2, 2018; ZO § 44.700.]

A land use or zoning approval granted pursuant to the Zoning Ordinance may be revoked if the use or development does not comply with adopted conditions of approval or other regulations of the Zoning Ordinance.

1. An approval granted by the Community Development Director may be revoked by the Community Development Director if the use or development does not comply with adopted conditions of approval or other regulations of the Zoning Ordinance. The Community Development Director shall review the project in accordance with the procedures prescribed in Chapter 13-44, and if not satisfied that the use or development is in compliance, may revoke the land use or zoning approval or take such action as may be necessary to assure compliance with the conditions of approval and Zoning Ordinance regulations. If the original approval action by the Community Development Director was appealable under the Zoning Ordinance, then the revocation action may be appealed to the Planning Commission.

2. An approval granted by the Planning Commission may be revoked by the Planning Commission if the use or development does not comply with adopted conditions of approval or other regulations of the Zoning Ordinance. The Planning Commission shall hold a public hearing in accordance with the procedures prescribed in Chapter 13-44, and if not satisfied that the use or development is in compliance, may revoke the land use or zoning approval or take such action as may be necessary to assure compliance with the conditions of approval and Zoning Ordinance regulations. The Planning Commission action may be appealed to the City Council.

3. An approval granted by the City Council may be revoked by the City Council if the use or development does not comply with adopted conditions of approval or other regulations of the Zoning Ordinance. The City Council shall hold a public hearing in accordance with the procedure prescribed in Chapter 13-44, and if not satisfied that the use or development is in compliance, may revoke the land use or zoning approval or take such action as may be necessary to assure compliance with the conditions of approval and Zoning Ordinance regulations. The case may, at the discretion of the City Council, be submitted to the Planning Commission for its comment prior to City Council review and action. [Ord. 515 § 2, 2018; ZO § 44.800.]

1. Any proceeding to contest a land use or zoning approval granted pursuant to the Zoning Ordinance where State law fails to specify a statute of limitations must be commenced and service effected within 120 days of the approval.

2. A land use or zoning approval granted pursuant to the Zoning Ordinance that is made subject to 1 or more conditions shall be revoked and shall cease to be valid along with all rights or privileges that were granted with the approval, notwithstanding any other provisions of this Title to the contrary, whenever a final judgment of a court of competent jurisdiction declares 1 or more of such conditions to be void or ineffective, or enjoins or otherwise prohibits the enforcement or operation of 1 or more of such conditions.

3. Judicial review of any planned development plans approved pursuant to Chapter 13-48 shall be pursuant to Code of Civil Procedure Section 1085. It is expressly declared that approval of a planned development plan is intended to be legislative in action. [Ord. 515 § 2, 2018; ZO § 44.900.]

The purposes of the minor exceptions Chapter are to:

1. Allow minor exceptions and adjustments in cases where unusual circumstances occur that would create a practical difficulty that does not generally occur on other properties with similar conditions and zoning designations.

2. Allow minor exceptions and adjustments in cases where the objectives and goals of the General Plan and the Zoning Ordinance may be better attained than strict application of the regulations and standards of the Zoning Ordinance.

3. Ensure that minor adjustments that are approved are subject to conditions that will not result in a grant of special privilege inconsistent with the limitations on other properties with similar conditions and zoning designations. [Ord. 515 § 2, 2018; ZO § 45.100.]

An application for a minor exception shall be filed with the Community Development Director as per Chapter 13-40, Administration, Applications and Fees. [Ord. 515 § 2, 2018; ZO § 45.200.]

The Community Development Director may approve a minor exception up to a maximum 10 percent variation from the following development regulations and standards:

1. Lot dimensions;

2. Setbacks;

3. Structure heights;

4. Site area;

5. Parking;

6. Landscaping.

After determining that an application is complete, the Community Development Director shall review the application and shall either approve, approve with conditions or deny the application.

Any minor exception request that exceeds the 10 percent limitation shall require the filing of a variance application as per Chapter 13-50. Minor exceptions that are not granted by the Community Development Director or through appeal may be resubmitted through a variance application, if appropriate. [Ord. 515 § 2, 2018; ZO § 45.300.]

The Community Development Director shall make the minor exception determination or decision in writing and shall address the findings listed below. The Community Development Director or on appeal the Planning Commission or City Council may approve a minor exception or modify an approved minor exception, with or without conditions only if all the following findings are made:

1. That strict interpretation and application of the specified regulation would result in practical difficulty inconsistent with the purposes and intent of the Zoning Ordinance and General Plan while the exception allows for a site plan or development that better meets the purposes and intent of the Zoning Ordinance and General Plan.

2. That the granting of the minor exception will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is located.

3 That the granting of the minor exception will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. [Ord. 515 § 2, 2018; ZO § 45.400.]

The Community Development Director shall make a determination regarding a minor exception application within 14 calendar days of notification to the applicant that the application is complete. A public hearing is not required for a minor exception unless an appeal is filed. The procedures for appeals and subsequent hearings are as per Chapter 13-44, Hearings, Appeals and Judicial Review. [Ord. 522 § 1, 2019; Ord. 515 § 2, 2018; ZO § 45.500.]

1. Except for vesting tentative maps approved under Title 10, Chapter 2, Article 3.1 of the Municipal Code and development agreements approved under Title 10, Chapter 8 of the Municipal Code, approval of minor exceptions shall expire 1 year from the date of approval unless prior to the expiration a building permit is issued by the Building Official and construction is commenced and diligently pursued toward completion.

2. A minor exception approved in conjunction with approval of a vesting tentative map or development agreement shall expire concurrently with the expiration of the vesting tentative map or according to the terms of development agreement.

3. Minor exceptions may be renewed for a maximum of 1 additional year beyond the original date of expiration; provided, that a request for such renewal is submitted to the Planning Department before the date of expiration in subsection (1) or (2) of this Section. The Planning Commission may grant or deny a request for renewal, and such action may be appealed to the City Council. [Ord. 515 § 2, 2018; ZO § 45.600.]

The purposes of the minor modifications Chapter are to:

1. Provide a procedure to allow minor changes to an existing approval or permit while ensuring that no additional impacts or expansion of structures or uses will occur.

2. Allow administrative approval of minor modifications that meet the requirements of this Chapter. [Ord. 515 § 2, 2018; ZO § 46.100.]

An application for a minor modification shall be filed with the Community Development Director as per Chapter 13-40, Administration, Applications and Fees. Any modification request that exceeds the limitations of this Chapter shall require the filing of a new or modified application for the permit or approval to be modified. [Ord. 515 § 2, 2018; ZO § 46.200.]

The Community Development Director may approve a minor modification to an existing approval or permit for only the specific site development considerations listed below:

1. On-site parking and loading configuration and layout without reduction of spaces. The circulation and landscaping for parking and loading areas as long as the modification does not affect the overall design theme of the site.

2. Placement and height of walls, fences and structures as long as the heights are not increased.

3. Minor modification of architectural features and detailing including colors that do not (A) substantially alter the design theme of the building, and (B) increase by more than 5 percent its approved size or height while staying within the size and height limitations of the zoning district(s) of the property.

4. A reduction in the density, size and height of a development project; provided, that (A) the overall design and character of the development are not substantially altered, and (B) minimum densities, if designated within the zoning district(s) or approval, are met.

5. Landscaping including plant species that do not substantially alter the approved landscape design theme of the project. [Ord. 515 § 2, 2018; ZO § 46.300.]

The Community Development Director shall make a determination regarding a minor modification application within 14 calendar days of notification to the applicant that the application is complete. A public hearing is not required for a minor modification unless an appeal is filed. The procedures for appeals and subsequent hearings are as per Chapter 13-44, Hearings, Appeals and Judicial Review. [Ord. 522 § 1, 2019; Ord. 515 § 2, 2018; ZO § 46.400.]

A minor modification to a use permit, planned development plan, or other discretionary permit approved by the City shall expire at the date of expiration for the use permit, planned development plan, or other discretionary permit unless a building permit is issued by the Building Official and construction is commenced and diligently pursued toward completion. [Ord. 515 § 2, 2018; ZO § 46.500.]

The purposes of the nonconforming uses, structures and signs Chapter are to:

1. Limit the number and extent of nonconforming uses which were lawfully established and maintained prior to the adoption of this Zoning Ordinance, but which no longer conform with the zoning regulations, by prohibiting their enlargement and their re-establishment after abandonment and by prohibiting the alteration of the structures they occupy and their restoration after destruction.

2. Limit the number and extent of nonconforming structures by prohibiting their being moved, altered or enlarged increasing the discrepancy between existing conditions and the standards of the Zoning Ordinance and by prohibiting their restoration after destruction.

3. Limit the number and extent of nonconforming signs by prohibiting their being moved, altered or enlarged so as to increase the discrepancy between existing conditions and the standards of the Zoning Ordinance and by prohibiting their restoration after destruction.

4. To establish criteria permitting the use and maintenance of nonconforming uses, structures and signs with the ultimate goal of having uses, structures, and signs within the community conform to zoning regulations either through elimination or alteration. [Ord. 515 § 2, 2018; ZO § 47.100.]

A use lawfully occupying a structure or a site on the effective date of the Zoning Ordinance or its amendments which does not conform with the use regulations for the district in which the use is located shall be deemed to be a legal nonconforming use and may be continued, except as otherwise provided in this Division.

A structure lawfully occupying a site on the effective date of the Zoning Ordinance or its amendments which does not conform with the standards of coverage, setbacks, FAR, height of structures, distances between structures or usable open space prescribed in the regulations for the district in which the structure is located shall be considered a legal nonconforming structure and may be used and maintained, except as otherwise provided in this Division.

Routine maintenance and repairs may be performed on a structure or site, the use of which is nonconforming, and on a nonconforming structure. Unsafe structures may be restored to a safe condition, except as otherwise provided in Section 13-47.600.

A sign lawfully displayed on the effective date of the Zoning Ordinance or its amendments which does not conform with the standards of size, location or illumination prescribed in the regulations for the district in which the sign is located shall be deemed to be a nonconforming sign and may be displayed and maintained, except as otherwise provided in this Chapter. [Ord. 515 § 2, 2018; ZO § 47.200.]

No nonconforming use shall be expanded or extended in such a way as to displace any conforming use occupying a structure or site, or in such a way as to occupy any part of any structure or site which it did not occupy on the effective date of the ordinance which caused it to become a nonconforming use.

No structure, the use of which is nonconforming or partially nonconforming, shall be moved, altered or enlarged unless required by law, or unless the moving, alteration or enlargement will result in the elimination of the nonconforming use. [Ord. 515 § 2, 2018; ZO § 47.300.]

No nonconforming structure shall be moved, altered, enlarged or reconstructed so as to increase the discrepancy between existing conditions and standards of coverage, setbacks, FAR, height of structures, distances between structures or usable open space prescribed in the regulations for the district in which the structure is located. [Ord. 515 § 2, 2018; ZO § 47.310.]

No nonconforming sign shall be moved, altered, enlarged or reconstructed so as to increase the discrepancy between existing conditions and the standards of size, location or illumination prescribed in the regulations for the district in which the sign is located. [Ord. 515 § 2, 2018; ZO § 47.320.]

The nonconforming use of a structure or site shall not be changed to another nonconforming use. [Ord. 515 § 2, 2018; ZO § 47.400.]

Whenever a nonconforming use has been abandoned, discontinued or changed to a conforming use for a continuous period of 6 months, the nonconforming use shall not be reestablished.

The use of the structure or site thereafter shall be in conformity with the regulations for the district in which it is located. [Ord. 515 § 2, 2018; ZO § 47.500.]

Whenever a structure, the use of which does not conform with the regulations for the district in which it is located, or a structure which does not comply with standards of coverage, setbacks, FAR, height of structures, distances between structures or usable open space prescribed in the regulations for the district in which the structure is located, is destroyed by fire or other calamity or by act of God to the extent of 50 percent or less, the structure may be restored up to its original size, placement and density and the nonconforming use may be resumed; provided, that restoration is started within 6 months and diligently pursued to completion.

Whenever a structure, the use of which does not conform with the regulations for the district in which it is located, or a structure which does not comply with the standards of coverage, setbacks, FAR, height of structures, distances between structures or usable open space prescribed in the regulations for the district in which it is located, shall be destroyed by fire or other calamity or by act of God to the extent of greater than 50 percent, or shall be voluntarily razed or shall be required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the district in which it is located, and the nonconforming use shall not be resumed.

The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction, to the estimated cost of duplicating the entire structure as it existed. Estimates for this purpose shall be made by or shall be reviewed and approved by the Building Official. [Ord. 515 § 2, 2018; ZO § 47.600.]

1. The following nonconforming uses and signs shall be discontinued and removed from their sites within 3 years from the effective date of the ordinance codified in this Title:

A. A nonconforming use which does not occupy a structure.

B. A nonconforming use occupying a structure having an assessed valuation of less than $500.00.

C. A nonconforming sign or outdoor advertising structure.

2. Uses permitted only in the commercial or industrial districts which are located in a residential district and uses permitted only in an industrial district which are located in a commercial district shall be discontinued and removed from their sites in not less than 5 years from the effective date of the ordinance codified in this Chapter.

3. A nonconforming wall, fence or hedge shall be removed or altered to comply with the district regulations within 6 months from the effective date of the ordinance codified in this Chapter. [Ord. 515 § 2, 2018; ZO § 47.700.]

A structure having an assessed valuation of less than $500.00, which does not comply with the standards of coverage, setbacks, FAR, height of structures, distances between structures or usable open space prescribed in the regulations for the district in which the structure is located shall be removed from its site within 3 years from the effective date of the ordinance codified in this Title. However, if the structure is altered to comply with the above standards, this provision shall not apply. [Ord. 515 § 2, 2018; ZO § 47.800.]

Whenever a use, structure or sign becomes nonconforming because of a change of zoning district boundaries or a change of regulations for the district in which the site is located, the period of time prescribed for the elimination of the use or the removal of the structure or sign shall be computed from the effective date of the change of district or regulations. [Ord. 515 § 2, 2018; ZO § 47.900.]

The purpose of the planned development plan is to:

1. Regulate new development by establishing a coherent and complete plan that describes all proposed uses, improvements to be included within the development.

2. Ensure that the intent of the General Plan and the provisions of this Title are met.

3. Establish a review process for development and/or subdivision within specified zoning districts of a combination of different dwelling types and/or a variety of land uses which complement each other and harmonize with existing and proposed land uses in the vicinity.

4. Provide for well-planned developments that conform with the purposes of the Zoning Ordinance although they deviate in certain respects from district regulations.

5. Encourage and promote safe and well-designed neighborhoods and mixed-use developments with pedestrian walkways, bikeways, and access to transit facilities.

6. Require proposed new development with potential conflicts to integrate mitigation measures within the project design.

The planned development plan will consist of an assembly of the project description with supporting tables and figures, plans, maps, conditions of approval, mitigation monitoring plan, and all adopted resolutions and ordinances associated with the project. The following specific rules and regulations established in this Chapter shall apply to all planned development plans. [Ord. 515 § 2, 2018; ZO § 48.100.]

A planned development plan may be prepared for developments and subdivisions within zoning and overlay districts specified in Division II of the Zoning Ordinance. Development design may deviate from the standards of a zoning district to the extent that the planned development plan is consistent with the intent of the General Plan and Zoning Ordinance. A planned development plan shall include only uses and densities permitted in the zoning district in which the planned development plan is located.

All proposals for subdivision or development within zoning districts that include a planned development plan shall be required to submit a planned development plan application concurrently with other applications. There are 3 potential stages in the review process which are outlined below and include the following: (1) conceptual; (2) initial; and (3) final. The final stage includes design review as established in Chapter 13-42.

The final planned development plan encompasses the detailed building, landscaping, signage, and exterior lighting design of the project. Final planned development plans shall consist of both use permit and design review approval along with sufficient plans and exhibits to document all project features and conditions. The final planned development plan and design review must be approved prior to building permit issuance. [Ord. 553 § 2, 2024; Ord. 541 § 2 (Exh. A), 2022; Ord. 515 § 2, 2018; ZO § 48.200.]

The conceptual planned development plan is an optional procedure intended to provide an opportunity for discussion and informal review of a proposed subdivision or development that requires a planned development plan. This process provides a forum to discuss the overall direction for the proposed project thereby enabling the landowner or developer to use the comments on the project prior to making a formal application. Conceptual planned development plans are generally recommended for projects that are large, complex, or may be subject to controversy. No environmental review is required for this process.

The following information shall be submitted for proposed conceptual planned development plans for subdivisions or developments. The information is to be submitted on site plan maps with accompanying text and tables. Site plan maps are to include an accurate land survey base.

1. Existing uses and densities and planned uses and densities in surrounding area according to the General Plan;

2. Proposed project land uses;

3. Circulation and access design for the entire tract or parcel of land;

4. Configuration and subdivision into sub-parcels or individual lots;

5. Existing utility services or easements;

6. Improvements necessary for the proposed subdivision or development;

7. Existing and proposed parks, playgrounds, view corridors or other common open space;

8. Existing natural features on a site, i.e., large healthy trees, drainages;

9. Provisions for pedestrian and bicycle paths/access; and

10. Off-street parking areas and capacities.

In addition to subsections (1) through (10) of this Section, the following shall be addressed for all residential uses:

11. Whether or not the density bonus will be utilized, and if so, the number of affordable housing units to be provided;

12. Total number of dwelling units; and

13. Potential housing types, such as single-family house or multifamily buildings.

In addition to subsections (1) through (10) of this Section, the following shall be addressed for all commercial uses:

14. Potential commercial uses and related total square footage; and

15. Conceptual designs of the structures indicating mass, height, shape and articulation.

The conceptual stage shall include meetings with the City staff and may include meetings with the Planning Commission and City Council; however, no formal action shall be required. This review shall not be construed as an official endorsement of any proposed uses, precise location of uses, or configurations of parcels. Following the conceptual stage, an owner or developer shall submit a formal application for an initial planned development plan along with other subdivision and development applications. [Ord. 515 § 2, 2018; ZO § 48.300.]

The initial planned development plan focuses on the review of the project’s subdivision plan and/or site development plan. It is evaluated and approved in conjunction with other basic subdivision and development applications. The initial planned development plan is intended to establish a comprehensive set of documents and conditions of approval which will regulate the subdivision or development whether it occurs in phases by a single owner or developer, or in smaller increments by separate owners or developers. The initial planned development plan is subject to environmental review and requires that the City Council make findings according to criteria outlined in Section 13-48.600.

The initial and final planned development plan stages shall be required for subdivision of an entire tract or parcel into individual lots where it is the intention of the landowner or developer to build all or a portion of the proposed development. However, an initial master development plan only may be granted when a landowner or developer applies only for the subdivision of a parcel into sub-parcels and there are few required site improvements subject to design review. Final planned development plans would be required of subsequent owners prior to development of the site.

An initial planned development plan and final planned development plan may be reviewed concurrently at the request of the applicant.

No improvements to the land shall commence or be approved until the City Council has approved the initial planned development plan. The approved subdivision or development shall be subject to all conditions imposed upon it, and shall not be exempted from other ordinance provisions unless specified within the conditions of approval. All improvements shall be in accordance with the approved or amended initial planned development plan. No building construction shall commence without an approved final planned development plan.

All initial planned development plans shall be prepared and endorsed by a licensed civil engineer or licensed land surveyor. The following information is to be submitted on the initial planned development plan map with accompanying text and tables.

1. A engineer’s survey map of the property, including the 100 feet surrounding the property, showing the property boundary, existing features such as trees, drainages, buildings or structures, streets, easements, utilities, land uses, and ownerships;

2. Proposed land uses on the site, existing uses and future uses in surrounding area according to the General Plan;

3. Proposed circulation and access design for the entire tract or parcel of land including all existing and proposed street or alley rights-of-way including location, type, width, utilities, drainage, grading and landscaping areas, bicycle and pedestrian paths, fire and emergency access;

4. Proposed sub-parcels or individual lots including lot lines, numbering, areas, dimensions, setback requirements, building footprints and FARs;

5. Existing and proposed parks, view corridors or other common open space including location, dimensions and landscaping;

6. Off-street parking areas and capacities, parking space locations and size types, and loading spaces;

7. Proposed timing schedule for subdivision or development improvements;

8. A tabulation including the following: the total number of acres in the proposed subdivision or development; total area of proposed and existing streets and rights-of-way; the area and percentage of the gross site area designated for each use; and include the following where applicable: the total gross square footage of commercial uses, nonprivate open space, parks, public or semi-public community buildings and facilities;

9. A completed environmental information form and a written statement which outlines the proposed mitigation measures for potential site development problems such as flooding, access, seismic hazards, noise; and

10. Any additional information as may be required by the Community Development Director.

In addition to subsections (1) through (10) of this Section, the following shall be addressed for all residential uses:

11. Total number of dwelling units;

12. If the density bonus is granted, the number and location of affordable units required;

13. If the density bonus is not utilized, the in-lieu fee required; and

14. The average density per net acre and per gross acre.

In addition to subsections (1) through (10) of this Section, the following shall be addressed for all commercial uses:

15. Proposed uses, related total square footage, and floor area ratio (FAR);    

16. A statement of intended commercial uses; and

17. A market analysis of proposed commercial uses, if deemed necessary. [Ord. 515 § 2, 2018; ZO § 48.400.]

The final planned development plan is intended to establish a set of documents and conditions of approval for the detailed design of buildings and other improvements on the site which will then regulate the development whether it occurs in phases by a single owner or developer, or in increments by separate owners or developers. The final stage is subject to environmental review as necessary and requires the City Council to make findings according to criteria outlined in Section 13-48.600. The final stage includes the process for design review as outlined in Chapter 13-42. All development is subject to final design review approval prior to issuance of building permits.

All final planned development plans shall be prepared and endorsed by a licensed architect, civil engineer, and/or landscape architect. The following information is to be submitted on the final master development plan map with accompanying architectural drawings, landscaped plans, text and tables. The final master development plan should be produced on a map delineating sub-parcels or individual lots, including identification numbers, lot area and dimensions, or a final subdivision map.

1. Building design including schematic floor and roof plans, elevations, massing, height, materials, color and other information as needed to describe architectural character;

2. Detailed site improvement designs, including grading, building footprints, circulation and access, off-street parking configuration, drainage, utilities, easements, landscaping identifying plant species for buildings, open spaces, and street frontages. A separate design review approval shall be required for all buildings not included in subsection (1) of this Section;

3. A tabulation including the following: the total number of acres in the proposed subdivision or development; total area of proposed and existing streets and rights-of-way, open spaces, and landscaped areas; the area and percentage of the gross site area designated for each use; and the total gross square footage of all building types including FAR calculations;

4. Information necessary for evaluation and assignment of fire zone designations, including proposed use and occupancy, type of construction, building height and area of each building or structure, and proposed distances between buildings and structures and distances to property lines;

5. Exterior lighting plans;

6. Signage plans;

7. A schedule outlining proposed construction and timing of future construction; and

8. Any additional drawings or related information as may be deemed necessary by the Community Development Director.

In addition to subsections (1) through (8) of this Section, the following shall be addressed for all residential uses:

9. The types of housing models and their location;

10. When a density bonus has been granted, the timing for the construction of the affordable housing units.

In addition to subsections (1) through (8) of this Section, the following shall be addressed for all commercial uses:

11. The types of commercial buildings and their location. [Ord. 515 § 2, 2018; ZO § 48.500.]

The City Council may grant a planned development plan permit, or modify an approved planned development plan with or without conditions only if all the following findings are made:

1. That the proposed use and densities are consistent with the General Plan.

2. That the streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the planned development.

3. That any exceptions from standard ordinance requirements are warranted by the design and amenities incorporated in the final planned development plan.

4. That the area surrounding the project site can be planned and zoned in coordination and substantial compatibility with the proposed development.

5. That existing or proposed utility services are adequate for the development densities proposed. [Ord. 541 § 2 (Exh. A), 2022; Ord. 515 § 2, 2018; ZO § 48.600.]

The procedures for hearings and appeals are as per Chapter 13-44, Hearings, Appeals and Judicial Review.

A planned development plan application along with the Community Development Director’s report shall be submitted to the Planning Commission for review. The Planning Commission shall forward its recommendation to the City Council for final action.

If the planned development plan includes a proposed subdivision, the proceedings for the review of the tentative subdivision map may be undertaken concurrently with the proceedings with respect to the planned development plan. [Ord. 522 § 1, 2019; Ord. 515 § 2, 2018; ZO § 48.700.]

1. Except for vesting tentative maps approved under Title 10, Chapter 2, Article 3.1 of the Municipal Code and development agreements approved under Title 10, Chapter 8 of the Municipal Code, a planned development plan shall expire 2 years from the date of approval unless prior to the expiration a building permit is issued by the Building Official and construction is commenced and diligently pursued toward completion.

2. A planned development plan approved in conjunction with the approval of a vesting tentative map or development agreement shall expire concurrently with expiration of the vesting tentative map or according to the terms of development agreement.

3. Planned development plans that are approved may be renewed for a maximum of 1 additional year beyond the original date of expiration; provided, that a request for such renewal is submitted to the Planning Department before the date of expiration in subsection (1) or (2) of this Section. The Planning Commission may grant or deny a request for renewal, and such action shall be referred to, or may be appealed to the City Council. [Ord. 515 § 2, 2018; ZO § 48.800.]

1. A planned development plan may be modified through submittal of an application for minor modification as per Chapter 13-46. Any minor modifications must meet the required finding of this Chapter. A proposed modification that does not meet minor modification criteria shall be treated as a new application subject to the application, findings and public hearing requirements of this Chapter.

2. A planned development plan may be revoked by the City Council as per Section 13-44.800 if the development does not comply with adopted conditions of approval or other regulations of the Zoning Ordinance. [Ord. 515 § 2, 2018; ZO § 48.900.]

The purpose of the specific plans Chapter is to:

1. Provide for detailed planning of a specific area consisting of single or multiple ownerships in a manner that implements the General Plan.

2. Provide a planning process for areas that may be annexed.

3. Establish a process for preparing and adopting specific plans in conformance with State requirements under Section 65450 et seq. of the Government Code. [Ord. 515 § 2, 2018; ZO § 49.100.]

The Community Development Director shall initiate the preparation of a specific plan either upon direction of the City Council or upon request of the landowner if such request is approved by the City Council.

1. The Community Development Director may impose a specific plan fee upon persons seeking development approvals that are required to be consistent with an adopted specific plan. The fees shall be established so that, in the aggregate, they defray but as estimated do not exceed, the cost of preparation, adoption, and administration of the specific plan, including costs incurred for environmental documentation as per Section 21000 et seq. of the Public Resources Code. As nearly as can be estimated, the fee charged shall be a prorated in accordance with the applicant’s relative benefit derived from the specific plan.

2. The Community Development Director may require a person who requests adoption, amendment, or repeal of a specific plan to deposit with the planning agency an amount equal to the estimated cost of preparing the plan, amendment, or repeal prior to its preparation by the planning agency. [Ord. 515 § 2, 2018; ZO § 49.200.]

A specific plan shall include text and a diagram or diagrams which specify all of the following in detail as per Sections 65451 and 65452 of the Government Code.

1. The distribution, location, and extent of the uses of land, including open space, within the area covered by the plan.

2. The proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan.

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

4. A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out subsections (1), (2) and (3) of this Section.

5. The specific plan shall include a statement of the relationship of the specific plan to the General Plan.

6. The specific plan may address any other subjects which in the judgment of the Community Development Director are necessary or desirable for implementation of the General Plan. [Ord. 515 § 2, 2018; ZO § 49.300.]

A specific plan shall be reviewed and adopted in the same manner as a general plan, except that a specific plan may be adopted by resolution or by ordinance. No specific plan may be adopted unless the proposed plan is consistent with the General Plan. The procedures for hearings and appeals are as per Chapter 13-44, Hearings, Appeals and Judicial Review. [Ord. 522 § 1, 2019; Ord. 515 § 2, 2018; ZO § 49.400.]

The City Council may adopt or amend a specific plan only if the following finding is made:

1. The proposed specific plan text and diagrams implement and is consistent with the General Plan. [Ord. 515 § 2, 2018; ZO § 49.500.]

A specific plan shall be amended in the same manner as a general plan, except that a specific plan amendment may be adopted by resolution or by ordinance consistent with the manner of adoption of the specific plan and may be amended as often as deemed necessary by the legislative body. No specific plan may be amended unless the proposed plan amendment is consistent with the General Plan.

A specific plan may be repealed in the same manner as it is required to be amended. [Ord. 515 § 2, 2018; ZO § 49.600.]

No local public works project, tentative map, parcel map, other development entitlement may be approved, adopted or amended within an area covered by a specific plan unless it is consistent with the adopted specific plan. [Ord. 515 § 2, 2018; ZO § 49.700.]

The purposes of the use permits Chapter are to:

1. Provide a zoning compliance review and recording procedure for uses within the community.

2. Ensure that initiation or reestablishment of legally permitted uses comply with all standards and requirements of the Zoning Ordinance.

3. Provide the flexibility necessary to achieve the purposes of the General Plan and the Zoning Ordinance, in certain districts conditional uses are permitted, subject to the granting of a conditional use permit.

4. Provide for special consideration of conditional uses so that they may be located, constructed and operated in accord with the purposes of the General Plan and the Zoning Ordinance. [Ord. 515 § 2, 2018; ZO § 50.100.]

1. Use permits include administrative use permits, conditional use permits and temporary use permits as described below. A use permit may be revocable, or may be granted for a limited time period. The granting of a use permit shall not exempt the applicant from complying with the requirements of the Building Code nor any other applicable requirements of this code or any other local, State, or Federal requirements.

A. Administrative Use Permits. These permits are issued by the Community Development Director for uses that are generally permitted within a district and usually are of low impact to the community and environment. Conditions of approval, mandatory review periods, and expiration periods may be required at the discretion of the Community Development Director. In granting conditional approval, the Director may impose requirements and conditions with respect to location, siting, construction, maintenance, operation, duration, and overall development as deemed reasonable and necessary for the protection of adjacent properties and the public interest. If an administrative use permit denied by the Community Development Director is appealed to the Planning Commission, it shall be become a conditional use permit if approved. The Community Development Director may refer any administrative use permit application to the Planning Commission for review as a conditional use permit.

B. Conditional Use Permits. These permits are issued by the Planning Commission for conditional uses allowed within a district. The conditional use permits will usually include conditions of approval, mandatory review periods, and expiration periods as required at the discretion of the Planning Commission. In granting conditional approval, the Planning Commission may impose requirements and conditions with respect to location, siting, construction, maintenance, operation, duration, and overall development as deemed reasonable and necessary for the protection of adjacent properties and the public interest.

C. Temporary Use Permits. These permits are issued by the Community Development Director for uses or activities with a proposed duration of no more than 30 days in any 1 calendar year. Use permits may be issued by the Planning Commission for conditional uses with a duration of 31 days or longer in any 1 calendar year. Conditions of approval and expiration periods may be required at the discretion of the Community Development Director.

2. An application for a use permit shall be filed with the Community Development Director as per Chapter 13-40, Administration, Applications and Fees. An application for a use permit shall contain the following information:

A. Name and address of the applicant;

B. Statement that the applicant is the owner of the property or is the authorized agent of the owner;

C. Address or description of the property;

D. Statement indicating the manner of compliance with pertinent requirements of the Zoning Ordinance;

E. Any other data or information required by the Community Development Director to review and evaluate the application;

F. Site plan drawn at the scale of 1 inch to 20 feet, or such other scale as may be acceptable to the Community Development Director, including the following:

1) Accurate scale drawing of the site with property lines.

2) Existing and proposed uses and structures.

3) Existing and proposed locations of streets, utilities, drainage facilities, driveways, pedestrian walkways, off-street parking and off-street loading facilities.

4) Existing and proposed landscaped areas.

3. After determining that an application for use permit approval is complete, the Community Development Director shall review the application. The Community Development Director shall take action on applications for temporary use permits of less than 30 days and administrative use permits within 30 days of a complete application if such application is exempt from CEQA. The Community Development Director shall either approve, approve with conditions or deny any such applications.

4. The Community Development Director shall forward the application for conditional use permits and temporary use permits of more than 30 days to the Planning Commission along with his recommendation. The Planning Commission shall either approve, approve with conditions or deny the application. [Ord. 515 § 2, 2018; ZO § 50.200.]

The Community Development Director and Planning Commission may grant an application for a use permit as the use permit was applied for or in modified form only if all the following findings are made:

1. That the proposed use is consistent with the General Plan.

2. That the proposed location of the use conforms with the purposes of the Zoning Ordinance and the purposes of the district in which the site is located, and will comply with the applicable provisions of the Zoning Ordinance.

3. That the location, size, design and operating characteristics of the proposed use will be compatible in design, scale, coverage and density with existing and anticipated adjacent uses.

4. There is adequate access, traffic, public utility, and public service capacity for the proposed use and surrounding existing and anticipated uses.

5. There are no potential, significant adverse environmental impacts that could not be feasibly mitigated and monitored. [Ord. 515 § 2, 2018; ZO § 50.300.]

The procedures for hearings and appeals are as per Chapter 13-44, Hearings, Appeals and Judicial Review. [Ord. 522 § 1, 2019; Ord. 515 § 2, 2018; ZO § 50.400.]

Use permits that are approved with required review periods shall be reviewed by the Community Development Director within 30 days of the periodic review date as measured from the date of final approval. The Community Development Director shall review the use allowed by the use permit for the purpose of determining compliance with the conditions of the permit. If the Community Development Director determines as a result of this review that conditions of the permit are not being fulfilled, then a written notification of noncompliance shall be mailed to the owner of the use, and the owner of the property upon which that use is located, if different. The use owner or property owner shall then have the opportunity to amend the operation of the use to comply with the conditions of the permit, to the satisfaction of the Community Development Director.

If the Community Development Director determines that the use will not fully comply with the permit, and no public hearing was held on its original approval, the Community Development Director shall consider revocation or modification of the use permit.

If the Community Development Director determines that the use will not fully comply with the permit, and a public hearing was held on its original approval, the Community Development Director shall forward the notification of noncompliance to the Planning Commission along with his report. After receiving the report, the Commission may, at its discretion, set the matter for a public hearing to review/discuss the report and consider revocation or modification of the use permit. [Ord. 515 § 2, 2018; ZO § 50.500.]

1. Except for vesting tentative maps approved under Title 10, Chapter 2, Article 3.1 of the Municipal Code and development agreements approved under Title 10, Chapter 8 of the Municipal Code, a use permit shall expire 1 year from the date of approval unless prior to the expiration 1 or more of the following occurs:

A. A building permit is issued by the Building Official and construction is commenced and diligently pursued toward completion on the site which was the subject of the use permit application.

B. A certificate of occupancy is issued by the Building Official for the site or the structure which was the subject of the use permit application.

C. The holder of the use permit takes such other implementing action as stated in the use permit.

D. A longer period of time, not to exceed 2 years, is approved by the Planning Commission or City Council

2. A use permit approved in conjunction with the approval of a vesting tentative map or development agreement shall expire concurrently with the expiration of the vesting tentative map or according to the terms of development agreement.

3. An administrative or conditional use permit may be renewed for an additional period not to exceed 1 year; provided, that prior to the expiration of 1 year from the date when the use permit originally became effective, a request for renewal of the use permit is filed with the Community Development Director. The Planning Commission may grant or deny a request for renewal of a use permit and shall make written findings regarding the approval or denial of the renewal. The decision of the Planning Commission may be appealed to the City Council in the same time and manner and with the same effect as an appeal from the Planning Commission action on the original request for the use permit.

4. An administrative or conditional use permit shall be considered abandoned, and shall no longer be valid, if the use has been discontinued or changed to another use for a continuous period of 6 months. If the Community Development Director determines that a use permit has been abandoned, such determination shall be reported to the Planning Commission, the last known operator of the use and the owner of the property for which the use permit was secured. This determination may be appealed by the property owner; provided, that a written request of appeal is filed with Community Development Director within 10 working days of the mailing of the notice of abandonment. The Planning Commission shall act on such an appeal after holding a public hearing on the appeal.

5. A temporary use permit shall expire 30 days after the commencement of the activity or use for which the permit is secured, or 6 months after the approval of the permit, whichever is sooner. A single 30-day extension may be approved by the Community Development Director if unforeseen circumstances require prolongation of a use or activity beyond the original 30-day period. [Ord. 515 § 2, 2018; ZO § 50.600.]

1. The holder of the use permit or the owner of the property containing the use may apply for a modification of the terms and conditions of the existing use permit. The modification request shall be treated as a new application subject to the application, findings and public hearing requirements contained in Sections 13-50.200 through 13-50.400.

2. A use permit may be revoked or modified upon a finding of any 1 or more of the following grounds:

A. That the use permit was obtained or renewed by fraud.

B. That 1 or more of the conditions upon which the use permit was granted have been materially violated.

C. That the use or facility for which the permit was granted is so conducted as to be a nuisance.

Following an initial grant of a use permit by the Community Development Director, the Community Development Director shall have the authority to modify the conditions of the use permit, and this authority shall also include the removal or modification of existing conditions or the imposition of new conditions if he finds that the use is not consistent with its approved use and conditions or is contrary to the public health, safety or welfare.

Following the initial grant of a use permit through a public hearing, the Planning Commission shall have the authority to modify the conditions of the use permit through a public hearing if it finds that the use is not consistent with its approved use and conditions or is contrary to the public health, safety or welfare. This authority shall also include the removal or modification of existing conditions or the imposition of new conditions. The modification of a permit may include the modification of the terms of the permit itself, or the waiver of conditions of the permit, or the alteration of conditions of the permit, or the imposition of new conditions, if the grounds which would otherwise justify a revocation can be corrected or cured by any such modification. Any modification must be consistent with the required use permit findings of Section 13-50.300.

An action to revoke or modify a permit may be initiated by order of the City on its own motion or on the request of any city officer provided. The order shall set forth grounds for consideration of revocation or modification. The Planning Commission and City Council shall have the authority to revoke a conditional use permit as per Section 13-44.800 if it finds that the use is not consistent with its approved use and conditions or is contrary to the public health, safety or welfare. [Ord. 515 § 2, 2018; ZO § 50.700.]

1. A use permit shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the use permit application.

2. Any conditional use permit which may be granted by the Planning Commission or City Council, including the conditions attached to the conditional use permit, shall be recorded by the grantee in the form of a covenant running with the land using the form of a document approved by the City Attorney. The recording shall occur within 30 days of conditional use permit approval. [Ord. 515 § 2, 2018; ZO § 50.800.]

A conditional use permit shall be indicated on the zoning map by a number located on the site of the conditional use. [Ord. 515 § 2, 2018; ZO § 50.850.]

1. A conditional use established prior to enactment of the Zoning Ordinance shall be permitted to continue subject to all the regulations applicable to use permits.

2. Alteration or expansion of a conditional use established prior to enactment of the ordinance shall be permitted upon the granting of a subsequent use permit.

3. A use permit shall be required for the reconstruction of a structure housing a conditional use established prior to enactment of the ordinance if the structure is destroyed by fire or other calamity or by an act of God or by the public enemy and the reconstruction exceeds 50 percent of the structure. An exception to this requirement may be granted by the Community Development Director for reconstruction of public or private utility facilities during an emergency situation; provided, that a finding that the reconstruction is necessary to preserve or protect the public health or safety is made.

4. The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction, to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by or shall be reviewed and approved by the Chief Building Official. [Ord. 515 § 2, 2018; ZO § 50.900.]

The purposes of the variance Chapter are to:

1. Allow variances in order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the purposes of the Zoning Ordinance as would result from a strict or literal interpretation and enforcement of certain of its regulations.

2. Take into account conditions such as the size, shape or dimensions of a site or the location of existing structures, along with geographic, topographic or other physical conditions on the site or in the immediate vicinity including street locations or traffic conditions which would create a hardship and deprive a property of privileges occurring on other properties with similar conditions and zoning designations.

3. Allow variances in cases where the objectives and goals of the General Plan and the Zoning Ordinance may be better attained than strict application of the regulations and standards of the Zoning Ordinance.

4. Ensure that variances that are approved are subject to conditions that will not result in a grant of special privilege inconsistent with the limitations on other properties with similar conditions and zoning designations. [Ord. 515 § 2, 2018; ZO § 51.100.]

An application for a variance shall be filed with the Community Development Director as per Chapter 13-40, Administration, Applications and Fees. An application for a variance shall contain the following information:

1. Name and address of applicant.

2. Statement that the applicant is the owner of the property or is the authorized agent of the owner.

3. Address or description of the property.

4. Description of the precise nature of the variance requested and the practical difficulty or unnecessary physical hardship that would occur from a strict or literal interpretation and enforcement of a specified regulation within the Zoning Ordinance and how this would be inconsistent with the purposes of the Zoning Ordinance and General Plan. Any other data pertinent to the findings required for the granting of a variance, identified in Section 13-50.400.

5. An accurate scale drawing of the site and any adjacent property affected showing all existing and proposed:

A. Streets, utilities and drainage facilities.

B. Property lines.

C. Uses and structures.

D. Driveways, bicycle paths and pedestrian walks.

E. Off-street parking and off-street loading facilities.

F. Landscaped areas. [Ord. 515 § 2, 2018; ZO § 51.200.]

The Planning Commission may grant variances to the regulations prescribed by Zoning Ordinance for the following:

1. Site area.

2. Lot dimensions.

3. Site coverage and FAR.

4. Setbacks.

5. Structure heights.

6. Distance between structures.

7. Parking and loading requirements.

8. Landscaping, fences, walls and hedges.

9. Usable open space.

In no case shall a variance be granted to permit a use or density other than is permitted within the zoning district in which the property is located.

After determining that an application for design review approval is complete, the Community Development Director shall review the application and forward it to the Planning Commission along with his recommendation. The Planning Commission shall either approve, approve with conditions or deny the application. A variance may be revocable, or may be granted for a limited time period. [Ord. 515 § 2, 2018; ZO § 51.300.]

The Planning Commission may grant a variance, or modify an approved variance with or without conditions only if all the following findings are made:

1. That strict or literal interpretation and enforcement of the Zoning Ordinance would result in practical difficulty or unnecessary hardship inconsistent within the purposes of the General Plan and the Zoning Ordinance. The hardship shall be specific to the property and not created by any act of the owner. Personal, family or financial difficulties; loss of anticipated profits; and zoning violations of neighbors shall not be considered hardships justifying a variance.

2. That there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use of the property including size, shape, topography, location or where the strict or literal interpretation and enforcement of the Zoning Ordinance would deprive the property of privileges enjoyed by other properties in the vicinity and classified in the same zoning district(s).

3. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is located.

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

The Planning Commission may grant a variance to a regulation for off-street parking facilities or off-street loading facilities if, on the basis of the application, the report of the Planning Commission and the evidence submitted, the Community Development Director makes the findings in subsections (1) through (4) of this Section and the following additional findings:

5. That the granting of the variance will not result in increased traffic volumes generated by the site or sites in the vicinity that will adversely affect traffic capacity and levels of service.

6. That the granting of the variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets.

7. That the granting of the variance will not create a safety hazard or any other condition inconsistent with the purposes of the Zoning Ordinance. [Ord. 515 § 2, 2018; ZO § 51.400.]

The procedures for hearings and appeals are as per Chapter 13-44, Hearings, Appeals and Judicial Review. [Ord. 522 § 1, 2019; Ord. 515 § 2, 2018; ZO § 51.500.]

1. Except for vesting tentative maps approved under Title 10, Chapter 2, Article 3.1 of the Municipal Code and development agreements approved under Title 10, Chapter 8 of the Municipal Code, a variance shall expire 1 year from the date of approval unless prior to the expiration a building permit is issued by the Building Official and construction is commenced and diligently pursued toward completion.

2. A variance approved in conjunction with the approval of a vesting tentative map or development agreement shall expire concurrently with the vesting tentative map or according to the terms of development agreement, unless prior to the expiration a building permit is issued by the Building Official and construction is commenced and diligently pursued toward completion.

3. Variances that are approved may be renewed for a maximum of 1 additional year beyond the original date of expiration; provided, that a request for such renewal is submitted to the Planning Department before the date of expiration in subsection (1) or (2) of this Section. The Planning Commission may grant or deny a request for renewal, and such action shall be referred to, or may be appealed to the City Council. [Ord. 515 § 2, 2018; ZO § 51.600.]

A variance granted subject to a condition or conditions may be revoked by the Planning Commission if the condition or conditions are not complied with. The Planning Commission shall hold a public hearing in accordance with the procedure prescribed in Chapter 13-44, and if not satisfied that the condition or conditions are being complied with, may revoke the variance or take such action as may be necessary to assure compliance with the condition or conditions. The decision of the Planning Commission may be appealed to the City Council in the same time and manner and with the same effect as an appeal from the Planning Commission action on the original request for the variance. [Ord. 515 § 2, 2018; ZO § 51.700.]

Unless specified otherwise at the time the variance is granted, the variance shall run with the land for an indefinite period of time and shall be transferred to any subsequent owner of the property. [Ord. 515 § 2, 2018; ZO § 51.800.]

A previous variance shall not be considered to have set a precedent for the granting of further variances, for each variance application shall be considered only upon its individual merits. [Ord. 515 § 2, 2018; ZO § 51.900.]

The purposes of the zoning amendments Chapter are to:

1. Provide a process to amend the text of the Zoning Ordinance.

2. Provide a process to amend the Zoning Map.

3. Ensure that zoning amendments conform to the General Plan and are internally     consistent within the Zoning Ordinance. [Ord. 515 § 2, 2018; ZO § 52.100.]

An amendment to the Zoning Ordinance or Zoning Map may be initiated by the Community Development Director, by resolution of the Planning Commission, or by action of the City Council in the form of a request to the Commission that it consider the proposed change.

An amendment or change in the Zoning Map boundaries of any district may be initiated by the owner of the property within the area for which a change of district is proposed or the authorized agent of the owner. If the area for which a change of district is proposed is in more than 1 ownership, all the property owners or their authorized agents shall join in filing the application. An application for an amendment to the Zoning Map shall be filed with the Community Development Director as per Chapter 13-40, Administration, Applications and Fees.

An application for an amendment to the Zoning Map shall include the following data:

1. Name and address of the applicant.

2. Reason for the requested amendment.

3. Requests for Zoning Map amendments shall also include the following:

A. Statement that the applicant is the owner of the property for which the change in district boundaries is proposed or the authorized agent of the owner.

B. Address and legal description of the property.

C. Accurate scale drawing of the site with names of owners of all properties within 300 feet of the property lines, and locations of existing and proposed streets, drainages and easements within or adjacent to the property. [Ord. 515 § 2, 2018; ZO § 52.200.]

The City Council may grant amendments to the Zoning Ordinance for the following:

1. Change in Zoning Map boundaries of any zoning district.

2. Change in Zoning Ordinance text of a zoning district regulation.

3. Change in off-street parking or loading facilities requirement, general provision, exception, or other regulatory provision within the text of the Zoning Ordinance. [Ord. 515 § 2, 2018; ZO § 52.300.]

The City Council may grant an amendment to the Zoning Map and Zoning Ordinance only if all the following findings are made:

1. The proposed amendment is consistent with the General Plan.

2. The proposed amendment would not be detrimental to the health, safety, welfare, and public interest of the City.

3. The proposed amendment is internally consistent and does not conflict with the purposes, regulations and required findings of the Zoning Ordinance. [Ord. 515 § 2, 2018; ZO § 52.400.]

The procedures for hearings and appeals are as per Chapter 13-44, Hearings, Appeals and Judicial Review. [Ord. 522 § 1, 2019; Ord. 515 § 2, 2018; ZO § 52.500.]

A change in the zoning designation for a property or a zoning district boundary shall be indicated on the Zoning Map with a notation of the date and number of the ordinance amending the map. [Ord. 515 § 2, 2018; ZO § 52.600.]

All territory which is annexed to the City shall be automatically classified in the residential single-family low density RS-L district, unless a different classification has been assigned through prezoning. The Planning Commission may make a study of the territory to determine in which zoning district it should be classified in order to carry out the purposes of the Zoning Ordinance. If the Planning Commission finds that a change of district is required, it may initiate the change as prescribed in Section 13-51.200. The owner of the property or the authorized agent of the owner may file an application for a change in district as prescribed in Section 13-51.200. [Ord. 515 § 2, 2018; ZO § 52.700.]

The purpose and intent of this Chapter is to provide flexibility and reasonable accommodations in the application of the Zoning Ordinance to persons with disabilities who are seeking fair access to housing. [Ord. 515 § 2, 2018; Ord. 484 § 14, 2015; ZO § 53.100.]

Persons protected under the Federal Fair Housing Amendments Act of 1988 and/or California Fair Employment and Housing Act (hereinafter “Fair Housing Laws”) may request reasonable accommodation when the strict application of the Zoning Ordinance acts as a barrier to fair housing opportunities. If a reasonable accommodation request is approved, the request shall be granted to an individual and shall not run with the land unless the Planning Director determines that either the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with applicable codes, or the accommodation is to be used by another disabled person. [Ord. 515 § 2, 2018; Ord. 484 § 14, 2015; ZO § 53.110.]

An application for reasonable accommodation that meets the findings contained in this Chapter shall be reviewed ministerially and shall not be subject to discretionary review or a public hearing. An application shall be approved, approved with modifications, or denied within 10 working days of notification to the applicant that the application is complete. [Ord. 515 § 2, 2018; Ord. 484 § 14, 2015; ZO § 53.120.]

A request for reasonable accommodations must be filed on an application form provided by the Planning Department, shall be signed by the owner of the property, and shall include, at a minimum, the following information:

1. The applicant’s name, address and phone number;

2. The address for the property for which the reasonable accommodation request is being made;

3. The basis for the claim that the Fair Housing Laws apply to the person(s) requesting the reasonable accommodations and evidence supporting the claim which may include a letter from a medical doctor or other licensed health care professional, a disabled person license or other appropriate evidence which establishes that the person(s) needing the reasonable accommodation is disabled pursuant to Fair Housing Laws;

4. The current use of the property and a concise physical description of the property;

5. A description of proposed changes to the property;

6. The specific reason the requested accommodation is necessary to make a particular dwelling available to the disabled person(s); and

7. The Zoning Ordinance provision for which reasonable accommodation is being requested. [Ord. 515 § 2, 2018; Ord. 496 § 3, 2016; Ord. 484 § 14, 2015; ZO § 53.130.]

Approval shall be granted if the request for reasonable accommodations complies with the following development standards and regulations:

1. The request for reasonable accommodations is for a legally established residential dwelling.

2. The residential dwelling is the primary residence of the person(s) requesting the reasonable accommodations and such persons have been determined to be protected under Fair Housing Laws.

3. Any exterior modification to the dwelling is designed to be compatible with the architectural character, colors and texture of the dwelling and surrounding neighborhood. [Ord. 515 § 2, 2018; Ord. 484 § 14, 2015; ZO § 53.140.]

The following findings shall be made in approving the request:

1. The parcel and/or housing, as the subject of the reasonable accommodation request, will be occupied as the primary residence by an individual protected under the Fair Housing Laws.

2. The request for reasonable accommodation is necessary to make specific housing available to 1 or more individuals protected under Fair Housing Laws.

3. The requested reasonable accommodation will not impose an undue financial or administrative burden on the City.

4. The requested reasonable accommodation will not require a fundamental alteration of the zoning laws of the City.

5. The requested reasonable accommodation will not adversely affect the health or safety of persons residing or working in the vicinity or be detrimental to the public health, safety, and welfare. [Ord. 554 § 2, 2025; Ord. 515 § 2, 2018; Ord. 484 § 14, 2015; ZO § 53.150.]

The Planning Director shall issue a written determination of the action and may grant or deny the accommodation request based on the criteria outlined in this Chapter. The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision including compliance with the criteria set forth in Sections 13-53.140 and 13-53.150. The written decision of the Director shall be final unless an applicant submits an appeal following the appeal procedure established in Section 13-44.600. [Ord. 515 § 2, 2018; Ord. 484 § 14, 2015; ZO § 53.160.]