The Director shall prepare and issue application forms and lists that specify the information that will be required from applicants for projects subject to the provisions of this Code.

The Director may require the submission of supporting materials as part of the application, including but not limited to statements, photographs, plans, drawings, renderings, models, material samples and other items necessary to describe existing conditions and the proposed project and to determine the level of environmental review pursuant to CEQA. Each permit application checklist lists the minimum necessary submittal materials for that particular type of permit.

All material submitted becomes the property of the City, may be distributed to the public, and shall be made available for public inspection. At any time upon reasonable request, and during normal business hours, any person may examine an application and materials submitted in support of or in opposition to an application in the Planning Division offices. Unless prohibited by law, copies of such materials shall be made available at a reasonable cost.

The City Council shall approve by resolution a Master Fee Schedule that establishes fees for permits, informational materials, penalties, copying, and other such items or applications authorized or required by this Code.

All required fees shall be paid at the time an application is files and no application shall be accepted as complete and processed without payment of a fee unless a fee waiver has been approved.

The City's processing fees are cumulative. For example, if an application for Planning Review also includes a Conditional Use Permit, both fees shall be charged.

No fee shall be required when the applicant is the City, or if it is waived under any other provision of the Municipal Code.

Application fees are refundable at the discretion of the Director with good cause unless otherwise provided for in the Indio Municipal Code or by policy of the City Council.

There is new evidence that would support approving the project that was not presented at the previous hearing and could not have been previously discovered in the exercise of reasonable diligence by the applicant.

There has been a substantial and material change of circumstances since the previous hearing that affects the applicant's real property. A change in circumstances could include, but is not limited to, change in infrastructure conditions, change in project proposal, change in environmental conditions, etc.

A verified factual mistake was made at the previous hearing that was a material factor in the denial of the previous application.

Acquaint a potential application with information on relevant policies, code regulations, and other relevant criteria and procedures. This review is intended for large or complex projects and projects that are potentially controversial.

Provide a potential applicant with an early opportunity to meet with the City's Pre-Application Committee to identify possible major issues and discuss the City's review processes to help expedite permit processing and approvals.

To acquaint City staff with a potential applicant and application.

Pre-application review is not subject to the requirements of the California Permit Streamlining Act (the Act). An application that is accepted for pre-application review shall not be considered complete pursuant to the requirements of the Act unless and until the Director has received an application for approval of a development project, reviewed it, and determined it to be complete under Section 6.03.07 (Review of Applications).

Neither the pre-application review nor the provision of information and/or pertinent policies shall be construed as a recommendation for approval or denial of the application by City representatives. Any recommendations that result from pre-application review are considered advisory only and shall not be binding on either the applicant or the City.

A pre-application conference is required for all of the following before an application will be required for the processing of:

An applicant for a project not requiring Pre-Application Review may request such review. The Director may approve this optional review request provided that an application is filed and appropriate fee is paid.

Planning staff shall facilitate the pre-application review process. The Director may consult with or request review by any City agency or official with interest in the application.

A request for Pre-Application Review shall be filed with the Community Development Department on a pre-established City form. The required fee shall be paid at the time of application.

A counter-completeness review shall be conducted at time of submittal. If all required information is present at time of submittal, the application shall be accepted for processing. An incomplete application shall not be accepted.

Following submittal of the Pre-Application Review application, the Community Development Department shall route the application to relevant review parties and schedule the pre-application conference meeting following consultation with the applicant regarding meeting availability. Staff from other City Departments and external agency service providers will meet with the applicant and representatives. Following the pre-application conference meeting, a written meeting summary may be prepared and distributed to the applicant and representatives, if applicable. The summary will be based upon the information that was presented to staff (i.e., what is submitted along with the Request form) and may identify applicable development regulations, policies, engineering design standards, key issues, requirements for special studies, and other information.

Within 30 days of the date the City has determined an application to be complete, a determination must be made whether the project is exempt from Environmental Review per State CEQA requirements.

Within 60 days of the date a Negative Declaration or Mitigated Negative Declaration has been completed and adopted for project approval, the City shall take action on the accompanying discretionary project.

Within 180 days from the date the decision-making authority certifies a Final EIR, the City shall take action on the accompanying discretionary project.

The City authorized representative shall comply with the procedures specified in Public Resources Code (PRC) Sections 21080.3.1, 21080.3.2, 21082.3, and 21084.3 to notify, consult, and mitigate for any significant impacts to tribal cultural resources.

The City's authorized representative is the authorized representative of the City in all tribal consultation under State law.

The Community Development Department shall maintain a list of California Native American tribes, as defined in PRC Section 21073, which requested notification of discretionary projects under its jurisdiction pursuant to PRC Section 21080.3.1, subdivision (b)(1).

Within 14 days of determining that an application for a discretionary project is complete and the City is ready to undertake CEQA review, the City's authorized representative shall notify, by letter, all tribes that requested notification and afford them 30 calendar days to accept or decline consultation.

Within 30 days of receiving a written acceptance from a tribe, the City's authorized representative shall initiate consultation with the tribe.

The City's authorized representative shall take into consideration information provided by the tribe during consultation when making the required determinations of impact during the CEQA process, and shall conclude consultation as specified in Section 21080.3.2(b) of the PRC prior to adopting or certifying the CEQA document.

The Director shall determine whether an application is complete within 30 days of the date the application is filed with the required fee. For the purposes of this Section, completeness shall not include a substantive of the quality, content or merit of the submitted items that shall be analyzed as part of the subsequent application review process. The Director shall notify the applicant in writing of the determination that either all submittal requirements have been satisfied and the application is complete or additional information is necessary and the application is deemed incomplete (see Subsection B below).

An application shall not be found complete if conditions exist on the site in violation of this Code or any permit or other approval granted in compliance with this Code, unless the proposed project includes the correction of the violations.

Determinations of incompleteness are subject to the provisions of Section 6.03.13 (Appeals), except there shall be a final written determination on the appeal no later than 60 days after receipt of the appeal. The fact that an appeal is permitted to both the Planning Commission and the City Council does not extend the 60-day period.

The applicant shall provide the additional information within the time limit specified by the Director, which shall be no later than 30 days. The Director may grant one extension of up to 90 days.

Upon receipt and resubmittal of any incomplete application, a new 30-calendar day period shall begin during which the Director shall determine the completeness of the application.

If an applicant fails to correct the specified deficiencies within the specified time limit, the application shall expire and be deemed withdrawn. Unexpended fees, as determined by the Director, will be returned to the applicant. After the expiration of an application, project review shall require the submittal of a new, complete application, along with all required fees.

The applicant, the owner or owner's duly authorized agent, and any occupant of the subject property;

All property owners within a 500-foot radius of the subject property as shown on the latest available assessment roll, or a larger radius if deemed necessary by the Director in order to provide adequate public notification.

The applicant, the owner or owner's duly authorized agent, and any occupant of the subject property;

Each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected;

All property owners of record within a minimum 500-foot radius of the subject property as shown on the latest available assessment roll or a larger radius if deemed necessary by the Director in order to provide adequate public notification;

All neighborhood and community organizations that have previously filed a written request for notice of projects in the area where the site is located; and

Any person or group who has filed a written request for notice regarding the specific application.

The location of the real property, if any, that is the subject of the application;

A general description of the proposed project or action;

The date, time, location, and purpose of the public hearing or the date of action when no public hearing is required;

The identity of the hearing body or officer;

The names of the applicant and the owner of the property that is the subject of the application;

The location and times at which the complete application and project file, including any environmental impact assessment prepared in connection with the application, may be viewed by the public;

A statement that any interested person or authorized agent may appear and be heard;

A statement describing how to submit written comments;

For Council hearings, the Planning Commission recommendation; and

Other information required by specific provision of these regulations or which the City, through its Department Heads, may consider necessary or desirable.

All projects requiring an Administrative Permit or public hearings before the Planning Commission and/or City Council shall be required to post one or more public notice signs in accordance with the provisions herein.

A completed Sign Posting Acknowledgment form prepared and signed and dated by the applicant or an authorized representative of the applicant together with Photograph of Installed Signs form shall be submitted to the Community Development Department no later than three days following the pickup of the signs from the Department. This document shall be mailed or dropped off or emailed to the assigned Project Planner.

The applicant/owner shall be responsible for maintaining the notice board such that it is readable during the period of time it is required to be in place. If the board is damaged, defaced or otherwise made illegible, the applicant/owner shall replace the board with another obtained from the City. The applicant shall pay the replacement cost of such board.

The Community Development Director shall set the time and place of hearings required by this Code to be held by the Planning Commission. The Planning Commission may, however, change the time or place of a hearing, if necessary.

The City Clerk shall set the time and place of public hearings required by this Code to be held by the City Council, however the Council may change the time or place of a hearing.

A majority of the Planning Commission may call for review of a decision of the Director.

A majority of the City Council may call for review of a decision of the Director or Planning Commission.

If a decision is called for review by both the Planning Commission and the City Council, the City Council shall conduct the review.

Such call for review shall not require any statement of reasons and shall not represent opposition to or support of a decision, application, or appeal.

Where the call for review is regarding an Administrative Planning Review or other decision by the Director, the decision shall be communicated and any call for review shall be heard as part of a regular agendized item at the next meeting of the Planning Commission.

Where the call for review is regarding a Use Permit or other discretionary action, the call for review shall be processed in the same manner as an appeal by any other person.

Decisions of the Director may be appealed to the Planning Commission by filing a written appeal with the Planning Division.

Decisions of the Planning Commission may be appealed to the City Council by filing a written appeal with the City Clerk.

The appeal shall identify the decision being appealed and shall clearly and concisely state the factual reasons for the appeal. The appeal shall be accompanied by the required fee.

The timely filing of an appeal shall stay all proceedings in the matter appealed including, but not limited to, the issuance of City building permits and business licenses.

Within 30 days of receipt of the appeal, the Director shall transmit to the City Clerk the application of appeal and copies of the application and all other papers and documents constituting the record upon which the Planning Commission or Staff made their decision.

The Director, or in the case of appeals to the City Council, City Clerk, shall schedule the appeal for consideration by the authorized hearing body in a timely manner. The Director shall prepare a staff report that responds to the issues raised by the appeal and may include a recommendation for action.

An application for extension shall be filed not less than 60 days prior to the expiration date of the permit or within two years of the date of approval, along with appropriate fees and application submittal materials.

The permit, as extended, may be conditioned to comply with any development standards that may have been enacted since the permit was initially approved.

The extension may be granted only when the Director finds that the original permit findings can still be made and there are no changed circumstances, or there has been diligent pursuit to exercise the permit that warrants such extension.

If the time limits are reached with no extension requested, or a requested extension is denied or expires, the permit expires.

They have no potential for significant offsite impacts and would not intensify any potentially detrimental effects of the project.

They are consistent with the original findings and conditions approved by the hearing body.

They do not change the use designated in the original use permit.

They are consistent with the development and design standards they were approved under.

They do not increase, reduce, or alter the size or shape of the premises beyond the following:

They have no potential for significant offsite impacts and would not intensify any potentially detrimental effects of the project.

They are consistent with the original findings and conditions approved by the hearing body.

They do not change the use designated in the original use permit.

They are consistent with the development and design standards they were approved under.

They do not increase, reduce, or alter the size or shape of the premises beyond the following:

The approval was obtained by means of fraud or misrepresentation of a material fact;

The use, building, or structure has been substantially expanded beyond what is set forth in the permit or substantially changed in character;

The use in question has ceased to exist or has been suspended for six months or more (see also Chapter 6.07 (Nonconforming Provisions));

There is or has been a violation of or failure to observe the terms or conditions of the permit or Variance, or the use has been conducted in violation of the provisions of this Code, or any applicable law or regulation; or

The use to which the permit or Variance applies has been conducted in a manner detrimental to the public safety, health and welfare, or so as to be a nuisance.

No application form is necessary for zoning clearance. This process will be conducted by the Community Development Department as part of the building permit application review. If there are any fees required for this, the fee(s) shall be paid prior to the commencement of the zoning clearance review. Zoning clearance shall be granted only when the Director or his/her designee finds the proposal to be in conformance with all applicable provisions of this Code. The Director may modify plans in whole or in part, apply conditions of approval, or require guarantees to ensure compliance with applicable provisions of this Code. Building permits shall not be issued without zoning clearance approval.

Sign permit requirements and procedures can be found in Section 3.05.09 (Sign Permits and Procedures).

Promote excellence in site planning and design and the harmonious appearance of buildings and sites;

Ensure that new and modified uses and development will be compatible with the existing and potential development of the surrounding area; and

Supplement other City regulations and standards in order to ensure control of aspects of design that are not otherwise addressed.

Additions, construction, reconstruction, alterations, improvements, and landscaping for a project developed in compliance with a previous planning review approval;

Replacement of exterior materials, including openings, with the same materials; and

Individual single-family homes and additions to single-family homes (see Section 6.04.02 (Zoning Clearance (as part of Building Plan Check)).

Written applications for planning review applications shall be submitted to the Planning Division in compliance with the application procedures in Chapter 6.03 (Common Procedures).

All projects shall be consistent with applicable design standards and/or guidelines.

When a proposed project requires more than one permit application with more than one Review Authority, all project permits shall be processed concurrently as interrelated permits for a project and shall not be bifurcated. The highest designated Review Authority for all requested permits shall take final action on all permits. For example, the Planning Commission takes final action on a conditional use permit. However, when processed in conjunction with a Specific Plan, the conditional use permit shall be reviewed and acted upon by the City Council in conjunction with the other application request(s). The Planning Commission provides recommendations to the City Council on both entitlement requests.

Administrative planning review applies to the following proposed uses or buildings allowed as a matter of right or through an Administrative Use Permit by this Code, so long as they conform to all the applicable development and use standards:

The Director shall be the review authority for administrative planning reviews. The Director may, at his/her discretion, refer any administrative application to the Planning Commission for a decision rather than acting on it himself/herself.

The Director will review the project against all applicable use, development, and design standards. If the Director determines that the proposed use or building is allowed as a matter of right by this Code, and conforms to all the applicable development and use standards, the Director shall issue an approval. Staff will draft a Findings and Notice of Decision document containing all relevant findings and conditions of approval.

Ministerial planning review applies to the following types of proposed uses or buildings that qualify for streamlined ministerial planning review under California Government Code Sections 65650 et seq. ("State Supportive Housing Law"), 65660 et seq. ("State Low Barrier Navigation Centers Law"), and 65913.4 ("State Streamlined Ministerial Approval Process"):

The Planning Commission shall have the authority to conduct ministerial planning reviews to make sure that a project complies with all applicable objective plans, regulations, policies, development and design standards.

Before approving an application for Ministerial Planning Review approval, the Planning Commission must make the following findings based on evidence in the record, as applicable, that:

Discretionary planning review applies to all projects requiring Planning Commission approval (such as Conditional Use Permits and Variances) and all projects that do not qualify for administrative or ministerial planning review. If a project does qualify for streamlined ministerial approval under State law, but the applicant seeks exceptions or modifications to the City's standards, the project is subject to the Discretionary Planning Review process.

The Planning Commission shall be the review authority for Discretionary Planning Reviews.

Planning review shall not result in a reduction in the residential density or the allowable square footage of a proposed project.

When conducting planning review, the review authority shall evaluate applications to ensure that they satisfy the following criteria, conform to the policies of the General Plan and any applicable specific plan, project master plan or development agreement, objective design standards, and any adopted design guidelines, and are consistent with any other policies or guidelines the City Council may adopt for this purpose. In addition, outside agencies may impose conditions of approval, as applicable. To obtain planning review approval, projects must satisfy the following criteria/findings to the extent they apply.

Planning Review decisions are subject to the appeal provisions of Section 6.03.13 (Appeals).

Planning Review approval is effective and may only be extended or modified as provided for in Chapter 6.03 (Common Procedures).

The Director shall approve, conditionally approve, or deny applications for Administrative Use Permits based on consideration of the requirements of this Chapter. The Director may, at his/her discretion, refer any application for an Administrative Use Permit for a project that may generate substantial public controversy or involve significant land use policy decisions to the Planning Commission for a decision rather than acting on it himself/herself. In that case, the application shall be processed as a Conditional Use Permit.

The Planning Commission shall approve, conditionally approve, or deny applications for Conditional Use Permits based on consideration of the requirements of this Section.

All applications for Conditional Use Permits shall require public notice and hearing before the Planning Commission pursuant to Chapter 6.03 (Common Procedures).

Administrative Use Permit applications do not require public hearings, but do require public noticing per Section 6.03.08 (Public Notice).

The proposed use is allowed within the applicable zone and complies with all other applicable provisions of this Code and all other titles of the Municipal Code;

The proposed use is consistent with the General Plan and any applicable Specific Plan;

The proposed use will not be adverse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements;

The proposed use complies with any design or development standards applicable to the zoning district or the use in question unless waived or modified pursuant to the provisions of this Code;

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

The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints.

Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council;

Achieve the general purposes of this Code or the specific purpose of the zone in which the project is located;

Achieve the findings for a Use Permit listed in Subsection F (Required Findings), above; or

Mitigate any potentially significant impacts identified as a result of environmental review conducted in compliance with CEQA.

Notice of Decision shall be provided pursuant to Section 6.03.10 (Timing and Notice of Decision and Findings Required).

A decision of the Director may be appealed to the Planning Commission and a decision of the Planning Commission may be appealed to the City Council, as provided in Section 6.03.13 (Appeals).

Use Permits are effective and may only be extended or modified as provided for in Chapter 6.03 (Common Procedures).

The proposed use will not unreasonably affect adjacent properties, their owners and occupants, or the surrounding neighborhood, and will not in any other way constitute a nuisance or be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the area of such use or to the general welfare of the City;

The proposed use will not unreasonably interfere with pedestrian or vehicular traffic or circulation in the area surrounding the proposed use and will not create a demand for additional parking that cannot be safely and efficiently accommodated by existing parking areas; and

The proposed use meets all of the standards specified in Section 4.27.04 (Allowed Temporary Uses and Associated Standards).

Regulation of ingress, egress, and traffic circulation;

Regulation of fire protection and access for fire vehicles;

Regulation of lighting and signage;

Regulation of hours of operation, staffing, or other aspects of the use; and

Removal of all trash, debris, temporary structures, and electrical service.

The Director shall approve, conditionally approve, or deny applications for Administrative Variances based on the requirements and considerations in the Section.

The Director may grant an Administrative Variance for adjustments from the development standards in this Code where, in his/her opinion, the intent of the ordinance can be achieved and equal performance obtained by granting an Administrative Variance. The authority to grant such variances shall be limited to requests that do not exceed a 20 percent deviation in the development standards for the following:

The Director may approve or approve with conditions an Administrative Variances application if all of the following findings are made.

An application for an Administrative Variance shall require public noticing per Chapter 6.03 (Common Procedures). An Administrative Variance application does not require a public hearing.

All other Variances that do not qualify as an Administrative Variance shall be reviewed and approved or denied by the Planning Commission based on consideration of the requirements of this Section.

All variances that do not meet the requirements for an Administrative Variance shall go through the Variance review and approval process.

An application for an Administrative Variance or Variance shall require public noticing and hearings before the Planning Commission per Chapter 6.03 (Common Procedures).

After conducting a public hearing, the Planning Commission may approve or conditionally approve a Variance application if all of the following findings are made. The Commission shall deny an application for a Variance if it is unable to make any of the required findings, in which case it shall state the reasons for that determination.

In approving a Variance, the Planning Commission may impose reasonable conditions deemed necessary to ensure compliance with the findings required in Subsection E.4 (Required Findings for Variances) above, and may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

Notice of Decision shall be provided pursuant to Section 6.03.10 (Timing and Notice of Decision and Findings Required).

The applicant or any other aggrieved party may appeal a decision on an Administrative or Variance pursuant to the provisions of Section 6.03.13 (Appeals).

Variances are effective and may only be extended or modified as provided for in Chapter 6.03 (Common Procedures).

A request for Reasonable Accommodation may be made by any person with a disability, their representative, or any other entity, when the application of zoning law or other land use regulation, policy, or procedure acts as a barrier to fair housing opportunities.

A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having this type of impairment, or anyone who has a record of this type of impairment.

A request for Reasonable Accommodation may include a change or exception to the practices, rules, and standards for the development, siting, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

Description of the accommodation request;

The applicant's name, address, and telephone number;

Location of the subject property, including address and assessor's parcel numbers;

Name and address of the property owner and the owner's written consent to the application;

The current actual use of the subject property;

Verifiable documentation of the individual's disability status;

The regulation(s), policy, or procedure for which accommodation is sought;

Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling; and

Additional information necessary for Planning Division staff to facilitate proper consideration of the request, consistent with fair housing laws.

Whether the housing, which is the subject of the request, will be used by an individual defined as disabled under the Acts;

Whether the request for Reasonable Accommodation is necessary to make specific housing available to an individual with a disability under the Acts;

Whether the requested Reasonable Accommodation would impose an undue financial or administrative burden on the City; and

Whether the requested Reasonable Accommodation would require a fundamental alteration of a City program or law, including but not limited to land use and zoning.

Reasonable Accommodation decisions may be appealed as provided for in Section 6.03.13 (Appeals).

Reasonable Accommodations may only be expired, extended, or revised as provided for in Chapter 6.03 (Common Procedures). A Reasonable Accommodation shall terminate if the accommodation is no longer required, or if the recipient of the accommodation no longer resides at the property.

Public convenience or necessity is a tool for local governments and communities to limit the issuance of new Alcoholic Beverage Control (ABC) licenses and alcohol outlets. Current State law limits the issuance of new licenses in geographical areas defined as areas of "undue concentration." New alcohol outlets can be allowed in areas of undue concentration only if it is determined by the City of Indio that they would serve a "public convenience or necessity" (PCN).

State law defines "undue concentration" in an area if either of the following conditions exists:

Once the ABC has determined that a specific location is in an area of "undue concentration" for alcohol licenses and has notified the City of such, an applicant shall make application to the City and pay all required fees for the processing of a Certificate of Public Convenience or Necessity.

Upon receipt of the application and fee, the Community Development Department will route the application to all pertinent parties for review and comment on the requested Certificate.

Following the end of the review period, the Community Development Department shall schedule a public hearing before the City Council and conduct required public noticing in accordance with Section 6.03.08 (Public Notice).

Whether or not the proposed use is consistent with the General Plan and Development Code.

Whether or not the proposed use is compatible with the nature, condition, and character of adjacent land uses.

Whether or not the proposed use would have an adverse effect on adjacent land uses.

Whether or not the proposed use would result in an excessive number of similar establishments in close proximity.

An application for a PD Overlay Zone shall be initiated by a property owner or authorized agent, or by the Director, Planning Commission, or City Council. If the property is not under a single ownership, all owners must jointly file the application, and a map showing the extent of ownership shall be submitted with the application.

A qualified applicant shall apply for a PD Overlay Zone on a form prescribed by the Community Development Department accompanied by the required fee. The Director may require an applicant to submit additional information and supporting data as considered necessary to process the application.

An application for a PD Overlay Zone shall be processed as an amendment to the Zoning Map, according to the procedures of Chapter 6.06 (General Plan and Zoning Amendments), and shall include a PD Permit/Plan.

A PD Permit is required and shall be processed in the same manner as a Conditional Use Permit application, pursuant to Section 6.04.04 (Use Permits).

When a PD Permit requires the submission of a tentative subdivision map, this map and all supporting documents shall be prepared and submitted concurrently with the application of the PD.

The proposed development is consistent with the General Plan and any applicable specific plan, including the density and intensity limitations that apply;

The subject site is physically suitable for the type and intensity of the land use(s) being proposed;

Adequate transportation facilities and public services exist or will be provided in accordance with the conditions of development plan approval, to serve the proposed development; and the approval of the proposed development will not result in an increase in traffic levels or a reduction of levels of public services so as to be a detriment to public health, safety, or welfare;

The proposed development will not have a substantial adverse effect on surrounding land uses and will be compatible with the existing and planned land use character of the surrounding area;

The development generally complies with applicable adopted design standards and guidelines; and

The proposed development will achieve superior community design, environmental preservation and/or substantial public benefit as compared to the development that would occur under the standards applicable to the underlying base zone.

Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies that the City has adopted;

Achieve the general purposes of this Code or the specific purpose of the zone in which the project is located;

Achieve the findings listed above; or

Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the requirements of the California Environmental Quality Act.

The Director may approve extensions of time for PD Permits/Plans, including those approved by the Planning Commission or City Council, in accordance with the following:

Amendments to a PD Overlay Zone or PD Permit/Plan may be requested by the applicant or its successors. Amendments to the approved Permit/Plan shall be classified as major or minor amendments. Upon receipt of an amendment application, the Director shall determine if the proposed amendment constitutes a major or minor amendment.

Major amendments to an approved PD Overlay zone or PD Permit/Plan shall be considered by the City Council at a duly noticed public hearing. An amendment will be deemed major if it involves one or more of the following changes.

Amendments not meeting one or more of the criteria listed in this Section shall be considered minor if they are consistent with and would not change any original condition(s) of approval. Minor Amendments may be approved by the Director.

The City incorporates by reference the provisions of Government Code Sections 65864 through 65869.5. In the event of any conflict between those statutory provisions and this Chapter, the statutes shall control.

A development agreement may be considered for a proposed development that will require a developer to make a substantial investment at the early stages of the project for planning and engineering for the entire project and for public facilities and services.

The Director shall negotiate the specific components and provisions of the Development Agreement on behalf of the City for Planning Commission review (if applicable) and recommendation to the City Council. The Director may request input from other affected Departments as needed.

If the Development Agreement involves a land use matter, the Planning Commission shall act as the advisory body and review the Development Agreement to provide recommendation to the City Council. If the Development Agreement does not involve a land use matter, it shall go directly to the City Council for review and decision-making.

The City Council shall act as the Review Authority, and after receiving recommendations from the Planning Commission (if the development agreement involves a land use matter), may adopt, reject, or modify a Development Agreement based on consideration of the requirements of this Chapter.

Applications for Development Agreements shall be filed with the Community Development Department in accordance with the provisions set forth in Section 6.03.03 (Application Forms and Fees, and Reapplications). In addition to any other application requirements, the application for a Development Agreement shall include data or other evidence in support of the applicable findings required by Subsection G (Required Findings) of this Section.

The Director shall review the application to determine whether or not it is complete. If it is found that the application is complete, the Director shall accept it for filing. If the application is found to be incomplete, the Director shall refuse to accept the application for filing and shall inform the applicant in writing of the items necessary to properly complete the application.

It is the intent of this Section that the application for a Development Agreement will be made and considered simultaneously with the review of other necessary applications, including, but not limited to Development Code text amendments, rezoning, Planned Development permits, and Conditional Use Permits. If combined with an application for rezoning, Planned Development, or Conditional Use Permit, the application for a Development Agreement shall be submitted with said application and shall be processed, to the maximum extent possible, jointly to avoid duplication of hearings and repetition of information. A Development Agreement is not a substitute for, nor an alternative to, any other required permit or approval, and the qualified applicant or developer must comply with all other required procedures for development approval.

Public notice of hearings by the Planning Commission for a Development Agreement shall be given as specified in Section 6.03.08 (Public Notice). Notice of the hearing shall also be mailed or delivered to any other local agency expected to provide essential facilities or services to the property that is the subject of the Development Agreement.

The Planning Commission shall conduct a public hearing for making recommendations to the City Council in conformance with the provisions of Section 6.03.08 (Public Notice).

Following the public hearing, the Planning Commission shall make a written recommendation on the proposed Development Agreement. The Director shall transmit the Planning Commission's written recommendation and complete record of the application to the City Council for action.

A proposed Development Agreement shall be executed by the Applicant before it is placed before City Council for consideration at a public hearing.

Public notice of hearings by the City Council for a Development Agreement shall be given as specified in Section 6.03.08 (Public Notice). Notice of the hearing shall also be mailed or delivered to any other local agency expected to provide essential facilities or services to the property that is the subject of the Development Agreement.

After receiving the report from the Planning Commission but no later than the time specified by Section 65943 of the Government Code, the City Council shall hold a public hearing in conformance with the provisions of Section 6.03.09 (Public Hearings).

After the City Council completes the public hearing, the City Council shall approve, modify, or deny the Development Agreement. Approval of a Development Agreement shall be by ordinance. The ordinance shall refer to and incorporate by reference the text of the Development Agreement. Matters not previously considered by the Planning Commission during its hearing may, but need not, be referred to the Planning Commission for report and recommendation. The Planning Commission may, but need not, hold a public hearing on matters referred to it by the City Council.

The proposed Development Agreement and its provisions are consistent with the objectives, policies, general land uses, and programs specified in the General Plan and any applicable specific plan. This requirement may be satisfied by a finding that the provisions of a proposed Development Agreement are consistent with proposed General Plan or specific plan provisions to be adopted concurrently with the approval of the proposed Development Agreement.

The proposed Development Agreement and its provisions will not adversely affect the orderly development of property or the preservation of property value.

The proposed Development Agreement and its provisions will not be detrimental to the health, safety and general welfare.

If the City Manager or his/her designee, based on substantial evidence, finds compliance by the applicant with the provisions of the Development Agreement, no action is required.

If the City Manager or his/her designee finds the applicant has not complied with the provisions of the Development Agreement, the Director may issue a finding of noncompliance which may be recorded by the City with the County Recorder after it becomes final. The Director shall specify in writing to the applicant the respects in which the applicant has failed to comply and shall set forth terms of compliance and specify a reasonable time for the applicant to meet the terms of compliance. If the applicant does not comply with any terms of compliance within the prescribed time limits, the Development Agreement shall be subject to termination or revision pursuant to this Chapter.

Within 10 days after issuance of a finding of noncompliance, any interested person may file a written appeal of the finding with the City Council. The appellant shall pay fees and charges for the filing and processing of the appeal in amounts established by resolution of the City Council. The appellant shall specify the reasons for the appeal. The issuance of a finding of compliance or finding of noncompliance and the expiration of the appeal period without appeal, or the confirmation by the City Council of the issuance of the finding on such appeal, shall conclude the review for the applicable period and such determination shall be final.

Any Development Agreement may be canceled or amended by mutual consent of the parties following compliance with the procedures specified in this Section. A Development Agreement may also specify procedures for administrative approval of minor amendments by mutual consent of the applicant and City Manager or his/her designee.

If a finding of noncompliance does not include terms of compliance, or if the applicant does not comply with the terms of compliance within the prescribed time limits, the City Manager or his/her designee may refer the Development Agreement to the City Council for termination or revision. After the public hearing, the City Council may terminate the Development Agreement, modify the finding of noncompliance, or rescind the finding of noncompliance and issue a finding of compliance.

If the parties to the agreement or their successors in interest amend or cancel the Development Agreement, or if the City terminates or modifies the Development Agreement for failure of the applicant to fully comply with the provisions of the Development Agreement, the City Clerk shall record notice of such action with the County Recorder.

If a Development Agreement is cancelled or terminated, all rights of the applicant, property owner, or successors in interest under the Development Agreement shall terminate. If a Development Agreement is terminated following a finding of noncompliance, the City may, in its sole discretion, determine to return all benefits, including reservations or dedications of land and payments of fees received by the City.

Unless otherwise specified in the Development Agreement, the City's rules, regulations, and official policies governing permitted uses of the property, density and design, and improvement standards and specifications applicable to development of the property shall be those City rules, regulations, and official policies in force on the effective date of the Development Agreement.

A Development Agreement shall not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations and policies that do not conflict with those rules, regulations and policies applicable to the property as set forth in the Development Agreement. A Development Agreement shall not prevent the City from denying or conditionally approving any subsequent land use project or authorization for the project on the basis of such rules, regulations, and policies. Unless otherwise specified in the Development Agreement, a Development Agreement shall not exempt the applicant from obtaining future discretionary land use approvals.

In the event that any regulation or law of the State of California or the United States, enacted or interpreted after a Development Agreement has been entered into, prevents or precludes compliance with one or more provisions of the Development Agreement, then the Development Agreement may be modified or suspended in the manner and pursuant to the procedures specified in the Development Agreement, as may be necessary to comply with such regulation or law.

A Specific Plan shall be utilized to provide more flexibility to encourage a more creative development approach that will result in a more efficient, aesthetically pleasing, and desirable use of land than might be normally allowed under the zone and associated development standards applied to the property(ies).

A Specific Plan shall not be an alternative to adopted development regulations of the City unless an applicant can demonstrate that the specific plan achieves one or more of the following:

A Specific Plan adopted by ordinance shall replace the base zone for the subject property, and the development standards and guidelines identified in the Specific Plan shall take precedence over the general standards and guidelines contained in this Code.

If the General Plan requires preparation of a Specific Plan for a particular geographic area;

For areas included within the City's sphere of influence and proposed for annexation to the City to address unique biological resources or create fiscal benefits for the city or enhance infrastructure; and

As a tool to assist in the comprehensive master planning of non-residential project sites.

The Director shall negotiate the specific components and regulations of the Specific Plan on behalf of the City for Planning Commission review and recommendation to the City Council. The Director may request input from other affected Departments as needed.

The Planning Commission shall act as the advisory body and review the Specific Plan to provide recommendation to the City Council.

The City Council shall act as the Review Authority, and after receiving recommendations from the Planning Commission, may adopt, reject, or modify a Specific Plan based on consideration of the requirements of this Section.

The minimum project area for a privately initiated Specific Plan shall be 100 acres. For publicly initiated Specific Plans, there shall be no minimum project area size.

The project area may be one parcel under single ownership or a combination of adjoining parcels subject to a unified planning concept with written concurrence of one or more applicable property owners.

A Specific Plan may be initiated in the following manner:

It is the intent of this Section that the application for a Specific Plan will be made and considered simultaneously with the review of other necessary applications, including, but not limited to rezoning, planning review applications, and Conditional Use Permits. If combined with an application for rezoning, planning review application, or Conditional Use Permit, the application for a Specific Plan shall be submitted with said application and shall be processed, to the maximum extent possible, jointly to avoid duplication of hearings and repetition of information. A Specific Plan is not a substitute for, nor an alternative to, any other required permit or approval, and the qualified applicant or developer must comply with all other required procedures for development approval. The applicant shall proceed at known risk and any decision for the other associated applications shall be contingent upon the City Council's approval of the Specific Plan.

Public notice of hearings by the Planning Commission for a Specific Plan shall be given as specified in Section 6.03.08 (Public Notice). Notice of the hearing(s) shall also be mailed or delivered to any other local agency expected to provide essential facilities or services to the property that is the subject of the Specific Plan.

The public hearing(s) shall be held after transmittal to and receipt of comments from other City Departments and external review agencies, required noticing, as applicable, to Native American Indian tribes, the conduct of required environmental analysis and associated noticing, as applicable, and the conduct of required public noticing. The Planning Commission shall conduct one or more public hearings for making recommendations to the City Council in conformance with the provisions of Section 6.03.09 (Public Hearings).

Following the conclusion of the public hearing process, the Planning Commission shall recommend to the City Council the approval, approval in modified form or disapproval based on making required findings per Subsection I (Required Findings) of this Section. The Director shall transmit the Planning Commission's written recommendation and complete record of the application to the City Council for final action.

Public notice of hearings by the City Council for a Specific Plan shall be given as specified in Section 6.03.08 (Public Notice). Notice of the hearing(s) shall also be mailed or delivered to any other local agency expected to provide essential facilities or services to the property that is the subject of the Development Agreement.

After receiving the report from the Planning Commission but no later than the time specified in Section 65943 of the Government Code, the City Council shall hold a public hearing in conformance with the provisions of Section 6.03.09 (Public Hearings).

After the City Council completes the public hearing(s), the City Council shall approve, modify, or deny the Specific Plan. Approval of a Specific Plan shall be by ordinance in compliance with State law (Government Code Section 65453). The ordinance shall refer to and incorporate by reference the text of the Specific Plan. If there are any substantial change(s) to the Specific Plan that were not considered by the Planning Commission at time of Council review and consideration, the Council may refer the Specific Plan back to the Commission for its recommendation on said changes, in compliance with State law (Government Code Section 65356). The failure of the Planning Commission to report within 45 days after the referral, or within the time set by the City Council, shall be deemed a recommendation for approval.

The proposed Specific Plan is consistent with the General Plan and all relevant elements and is not inconsistent with any element thereof;

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

The subject property(ies) proposed for the Specific Plan is physically suitable for the requested land uses and physical site development;

The Specific Plan provides for community benefits beyond those normally required under existing development regulations;

The Specific Plan preserves open space, identified environmentally sensitive areas, natural vegetation and significant trees, watercourses, historic buildings and places, and other features of value to the community;

The Specific Plan provides for efficient street and utility systems through the clustering of structures;

The Specific Plan utilizes innovative methods and concepts not readily available under traditional subdivision and zoning methods;

The Specific Plan prescribes reasonable controls and standards for affected land uses to ensure compatibility and integrity of those uses with other established uses;

The Specific Plan provides reasonable property development rights while protecting environmentally sensitive land uses and species;

The proposed Specific Plan ensures development of desirable character which would be harmonious with existing and proposed development in the surrounding neighborhood;

The Specific Plan has been designed to provide for flexibility, innovative use of land resources and development, a variety of housing and other development types, and an equitable method of transportation access;

The Specific Plan is not an alternate to adopted development regulations of the City because the applicant has substantively demonstrated that the Specific Plan achieves one or more of the following:

There are existing or planned public and private infrastructure available to the subject property(ies) proposed for the Specific Plan. If one or more public or private infrastructure is not currently available to serve the project, the applicant shall bear the burden of proof in demonstrating how such service will be provided;

The Specific Plan is the "highest and best use" of the land relative to the requested change in allowable land uses, development intensity and/or density, and development standards as compared against the current zoning applied to the property(ies) being proposed for the application of the Specific Plan; and

The proposed project has been reviewed in compliance with the provisions of CEQA and there would be no potential significant negative effects upon environmental quality and natural resources that would not be properly mitigated and monitored, unless findings are made in compliance with CEQA.

After the adoption of a Specific Plan, a public works project, a tentative map or parcel map, or an amendment to this Code may be approved/adopted within an area covered by a Specific Plan only if it is first found consistent with the Specific Plan.

Implementation of development projects within an area covered by a Specific Plan shall require the filing and approval of all applicable development permits unless filed and reviewed concurrently with the Specific Plan application.

The Council may impose a Specific Plan fee surcharge on development permits and approvals within the Specific Plan area, in compliance with State law (Government Code Section 65456).

A Specific Plan may be amended through the same procedure specified by this Section for the approval of a Specific Plan.

The Specific Plan may be amended as often as deemed necessary by the Council, in compliance with State law (Government Code Section 65453).

Amendments to the General Plan, to address changes in State or Federal law and problems and opportunities that were unanticipated at the time of adoption or the last amendment; and

Amendments to the Development Code and Zoning Map, whenever the public necessity, convenience, general welfare, or good practice justify such amendment, consistent with the General Plan.

All proposals to change the text of the General Plan and the maps that illustrate the application of its provisions; and

All proposals to change the text of this Development Code or to revise a zone or boundary line shown on the Zoning Map.

A qualified applicant shall submit an application accompanied by the required fee, pursuant to Chapter 6.03 (Common Procedures). The Community Development Department may require an applicant to submit such additional information and supporting data as considered necessary to process the application. The Community Development Department may allow amendments to the General Plan, Development Code, and Zoning Map to be processed concurrently with other applications.

The Director shall prepare a report and recommendation to the Planning Commission on any amendment application. The report shall include, but is not limited to, a discussion of how the proposed amendment meets the criteria in Subsection I (Criteria for Zoning Amendments) of this Section (if applicable), as well as an environmental document prepared in compliance with the CEQA. Applications involving projects for which an environmental document is required shall not be heard until the environmental assessment procedures required by CEQA are satisfied.

All Amendments to the General Plan, Development Code, and Zoning Map shall be referred to the Planning Commission, which shall conduct at least one public hearing on any proposed amendment. At least 10 days before the date of any public hearing, the Planning Division shall provide notice as provided for in Section 6.03.08 (Public Notice). Notice of the hearing also shall be mailed or delivered to any local agency expected to provide essential facilities or services to the property that is the subject of the proposed amendment.

Before submitting a recommendation report to the City Council, the Planning Commission shall conduct at least one public hearing in accordance with Section 6.03.09 (Public Hearings).

Following the public hearing, the Planning Commission shall make a recommendation on the proposed amendment to the City Council. Such recommendation shall include the reasons for the recommendation, findings related to Subsection I (Criteria for Zoning Amendments) of this Section, and the relationship of the proposed amendment to other adopted documents. The recommendation shall be transmitted in the form of a Council memo, prepared by the Community Development Department, with a copy of the approved minutes from the Planning Commission meeting.

After receiving the recommendation from the Planning Commission, the City Council shall hold one or more hearings in accordance with Section 6.03.09 (Public Hearings). The notice for the hearing shall include a summary of the Planning Commission recommendation.

After the conclusion of the hearing(s), the City Council may approve, modify, or deny the proposed amendment. If the Council proposes any substantial revision not previously considered by the Planning Commission during its hearings, the proposed revision shall first be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing. The failure of the Planning Commission to report within 45 days after the referral shall be deemed a recommendation for approval and the amendment shall be returned to Council for adoption.

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

The proposed amendment is in conformance with the goals, policies, and objectives of the General Plan;

The proposed amendment would maintain the appropriate balance of land uses within the city;

The proposed amendment is compatible with existing or proposed uses in the area, and would not create an "island" or spot land use designation inconsistent with the intent and policies of the General Plan, or with the density or land uses of surrounding properties;

In the case of an amendment to the General Plan Land Use Map, the subject parcels are physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints), for the requested land use designation and the anticipated land use developments;

The proposed amendment would not be detrimental to the public interest, health, safety, and general welfare; and

The proposed amendment is in compliance with the provisions of CEQA.

The amendment is consistent with the General Plan;

The proposed amendment is internally consistent with other applicable provisions of the Code;

Any change in zone boundaries is consistent with the General Plan and is necessary to achieve the balance of land uses desired by the City;

The amendment will promote the growth of the city in an orderly manner and promote and protect the public health, safety, peace, comfort, and general welfare; and

The proposed amendment is in compliance with the provisions of the CEQA.

The expansion does not add residential units;

The expansion does not increase the number of stories; and

The expansion does not reduce the number of existing on-site parking spaces or access to the building.

A new encroachment into any other required setback is not created;

The height of the portion of the structure that is within the required setback is not increased; and

Any residential additions above the first floor shall conform to the setbacks in effect at the time the application for the addition is submitted.

Any non-conforming use must permanently cease. The Director or Planning Commission may approve the structure, per the Planning Review process, to be rebuilt to the same size, extent, and configuration as previously existed provided that the use of the structure is permitted or conditionally permitted in the zone. In such cases, any expansion or change to the previous use must conform to the requirements of this Chapter.

Any non-conforming residential structure may be reconstructed, restored, or rebuilt up to the size and number of dwelling units prior to the damage and provided there is no increase in any other nonconformity. The non-conforming use, if any, may be resumed subject to a Zoning Clearance in the case of single-unit dwellings or Director/Planning Commission approval, per the Planning Review process, in the case of other residential uses, unless the review authority finds that the reconstruction, restoration, or rebuilding will be detrimental or injurious to the health, safety, or general welfare of persons residing or working in the neighborhood.

The site is vacated;

The business license expires or is revoked;

Utilities are terminated; or

The applicable lease is terminated.

For additions or expansions of existing structures or buildings that would increase the number of parking spaces required, the additional parking shall be required only for the addition or expansion or new dwelling units, and not for the preexisting structure or building or preexisting dwelling units. However, the Review Authority may grant a waiver of the parking requirement for the addition, enlargement, or new dwelling units if it is determined that sufficient parking is available on or near the site, and the project is consistent with the General Plan, otherwise consistent with the Code, and the waiver would not create a negative impact for neighboring properties.

Existing non-conforming single-family dwellings whose off-street parking facilities do not conform to the provisions of this Code may be expanded or added to a maximum of 20 percent of the existing structure without meeting current requirements for off-street parking. If the expansion or addition exceeds 20 percent of the existing structure, additional parking shall be required only for the addition or expansion.

For any change of use or manner of operation that would increase the number of parking spaces required per Chapter 3.03 (Parking and Loading), no additional parking shall be required unless the change in use requires 15 percent or more parking spaces than currently exist. The number of parking spaces required for the change of use shall be the difference between the number required by Chapter 3.03 (Parking and Loading) and 115 percent of the number of spaces that currently exist.

Any changes to a parking area layout, loading area, circulation aisles, access, lighting, or landscaping may only occur when the change reduces or corrects an existing substandard condition; changes shall be subject to applicable permitting of this Code.

If an application is filed for a building permit(s) for the renovation or remodeling of a structure(s) that has one or more non-conforming site features, and the value of the proposed improvements totals 75 percent or more of the current total appraised value of the existing property, the applicant shall be required to address the non-conforming site features, including parking and loading in compliance with Chapter 3.03 (Parking and Loading).

For additions or expansions of existing structures that would increase the amount or type of landscaping or screening required, the additional landscaping or screening shall be required only for such addition or enlargement and not for the preexisting structure.

For any change of use or manner of operation that would increase the amount or type of landscaping or screening required, such additional landscaping and/or screening shall be provided.

If an application is filed for a building permit(s) for the renovation or remodeling of a structure(s) that has one or more non-conforming site features, and the value of the proposed improvements totals 75 percent or more of the current total appraised value of the existing property, the applicant shall be required to address the non-conforming site features, including landscaping and screening in compliance with Chapter 3.03 (Parking and Loading).

The following non-conforming uses shall be discontinued and removed from their sites within three years from the effective date of this Code:

The City Council may require other non-conforming uses to be discontinued and removed from their sites within a period determined pursuant to the process set forth in Subsection C.2 (Procedures) of this Section.

Non-conforming structures may continue except that the City Council may establish amortization periods for specific structures pursuant to Subsection C.2 (Procedures) of this Section.

Notice shall be mailed to the recorded owner and lessee of the property not less than 20 days before the date of the public hearing. The notice shall state the facts concerning the impending action and shall request appearance by said owner at the time and place specified for the hearing, to show cause why the non-conforming status should not be revoked.

Where a non-conforming uses or structure is recommended to be discontinued and removed from the site, such period shall be established as follows.

Within 30 days after the public hearing, the Council may by resolution revoke or modify the non-conforming status of the use or structure. The property owner(s) and lessee shall be notified in writing of the decision within 10 days of the meeting. The notice shall include reasonable abatement and conformance requirement dates.

Two or more adjoining vacant sites with continuous frontage, each having an area, width or depth less than the minimum prescribed for the zone in which the sites are located, in the same ownership as of the date of adoption of this Section or subsequent thereto, is subject to all regulations for the zone in which the sites are located, including minimum area, width and depth requirements, as if the sites constituted a single parcel of real property.