The purpose of this Chapter is to describe the authority and responsibilities of the Council, Commission, City Manager, Director, Department, and Department staff in the administration of this Zoning Code. (Ord. 935 § 3 (part), 2015)

   As provided by State law, the Commission is designated as the Planning Agency and as the Advisory Agency, when required or authorized. The Director shall perform the functions of an Advisory Agency, as assigned, in compliance with State Law. (Ord. 935 § 3 (part), 2015)

   The Council shall have the following authority:

   A.   Review Authority on Specified Planning Matters. Final decisions on development agreements, General Plan amendments, specific plans and amendments, Zoning Code amendments, Zoning Map amendments, related environmental documents, and other applicable policy or Zoning Code regulatory matters related to land use planning.

   B.   Appeals.

      1.   The review of appeals of the Commission’s actions.

      2.   Initiate appeals of the Commission’s, Director’s, or Department Staff’s actions by the Council, acting as a full body.

   C.   Compliance. The above listed functions shall be performed in compliance with Table 6-1 (Threshold of Review) and the CEQA. (Ord. 935 § 3 (part), 2015)

   The Commission shall have the following authority:

   A.   Review Authority on Specified Planning Matters. The review of development projects specified in Table 6-1 (Threshold of Review) and Table 6-2 (Review Authority for Site Plan and Design Review), including referrals from the Director.

   B.   Appeals. The review of appeals of the Director’s decisions.

   C.   Recommendations to Council. Make recommendations to the Council on development agreements, General Plan amendments, specific plans and amendments, Zoning Code amendments, Zoning Map amendments, related environmental documents, and other applicable policy or regulatory matters related to land use planning.

   D.   Compliance. The above listed functions shall be performed in compliance with Table 6-1 (Threshold of Review), Table 6-2 (Review Authority for Site Plan and Design Review), and the CEQA. (Ord. 935 § 3 (part), 2015)

   The City Manager shall perform the duties specified in this Zoning Code. (Ord. 935 § 3 (part), 2015)

   The Director shall have the following authority:

   A.   Perform all of the functions designated by State law;

   B.   Perform the duties and functions prescribed in this Zoning Code, including the review of administrative development projects, in compliance with Table 6-1 (Threshold of Review), Table 6-2 (Review Authority for Site Plan and Design Review), and the CEQA; and

   C.   Perform other responsibilities assigned by the Council, Commission, or City Manager. (Ord. 935 § 3 (part), 2015)

   This Chapter provides procedures for the amendment of the City’s General Plan, this Zoning Code, or the City’s Zoning Map. (Ord. 935 § 3 (part), 2015)

   An amendment to the General Plan, Zoning Code, or Zoning Map may be initiated by the Council, the Commission, the Director, or the owner(s) or authorized agent(s) of property for which the amendment is sought. (Ord. 935 § 3 (part), 2015)

   A.   Application Filing and Processing.

      1.   If initiated by the filing of an amendment application in compliance with Section 10.112.020., above, the application shall be processed in compliance with Chapter 10.82 (Permit Application Filing and Processing).

      2.   The application shall include the information and materials specified in the Department handout for amendment applications, together with the payment of the required fee in compliance with the Planning Fee Schedule. Additionally, the applicant shall be responsible for all costs related to the CEQA review, in compliance with Section 10.82.050 (Application Fees).

      3.   It is the responsibility of the applicant to provide evidence in support of the findings required by Section 10.112.060 (Findings and Decision), below.

   B.   Review by Director. Following receipt of a completed application, the Director shall investigate the facts necessary for action consistent with the purpose of this Chapter.

      1.   If the Director finds that the application is complete, the Director shall accept it for filing.

      2.   If the Director finds that the application is incomplete, the Director shall promptly notify the applicant and identify the inadequacies of the application.

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

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

   E.   Notice and Hearing. Notice of the public hearings shall be provided and the hearings shall be conducted in compliance with Chapter 10.116 (Public Notices and Hearings) and as specified in Government Code Sections 65353, 65355, 65854, and 65856. (Ord. 935 § 3 (part), 2015)

   A.   Recommendation to Council.

      1.   All Amendments. Following the public hearing, the Commission shall adopt a resolution containing its written recommendation(s), and reasons for the recommendation(s), and forward the resolution to the Council specifying whether to approve, approve in modified form, or deny the proposed amendment based on the findings identified in Section 10.112.060 (Findings and Decision), below.

      2.   Recommendation for Approval of Zoning Code Text or Zoning Map Amendments. A recommendation for approval or approval in modified form of a Zoning Code or Zoning Map amendment shall require a majority vote of the total membership.

      3.   Recommendation for Approval of General Plan Amendments. A recommendation for approval or approval in modified form of a General Plan amendment shall require the affirmative vote of not less than a majority of the total membership of the Commission in compliance with Government Code Section 65354.

   B.   Denial by Commission. A recommendation against the proposed amendment shall require a majority vote of the total membership of the Commission. (Ord. 935 § 3 (part), 2015)

   A.   Action to Approve or Deny Amendment.

      1.   Time limit for Council’s action. The Council shall conduct a public hearing on an amendment request within 45 days of receipt of the Commission’s recommendation.

      2.   General Plan Amendments. Upon receipt of the Commission’s recommendation on a General Plan amendment, the Council shall conduct a public hearing and either approve, approve in modified form, or deny the proposed amendment based on the findings identified in Section 10.112.060 (Findings and Decision), below.

      3.   Zoning Code Text Amendments. Upon receipt of the Commission’s recommendation on a Zoning Code text amendment, the Council shall conduct a public hearing and either approve, approve in modified form, or deny the proposed amendment based on the findings identified in Section 10.112.060 (Findings and Decision), below.

      4.   Zoning Map Amendments.

         a.   Action of Commission to Approve Amendment Upon receipt of the Commission’s recommendation to approve a Zoning Map amendment, the Council shall conduct a public hearing and either approve, approve in modified form, or deny the proposed amendment based on the findings identified in Section 10.112.060 (Findings and Decision), below.

         b.   Action of Commission to Deny Amendment. The action of the Commission to deny a Zoning Map amendment shall be final and conclusive, unless an appeal is filed with the City Clerk in compliance with Chapter 10.114 (Appeals), provided, however, that the appeal shall be filed within five days of the Commission’s adoption of the resolution denying a Zoning Map amendment in compliance with Government Code Section 65856.

   B.   Referral to Commission.

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

      2.   Failure of the Commission to report back to the Council within the time limits identified in Government Code Sections 65356 and 65857 following the referral shall be deemed approval by the Commission of the proposed modification(s). (Ord. 935 § 3 (part), 2015)

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

   A.   Findings for General Plan Amendments.

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

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

      3.   For site specific General Plan amendments only, the affected site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities (e.g., fire protection, police protection, potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.), to ensure that the proposed or anticipated uses and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.

   B.   Findings for Zoning Code and Zoning Map Amendments. In addition to the findings specified in Subsection A. (Findings for General Plan Amendments), above, the following additional findings shall be made for all Zoning Code and Zoning Map amendments.

      1.   The proposed amendment is consistent with the General Plan and any applicable specific plan(s).

      2.   For Zoning Code Amendments only, the proposed amendment is internally consistent with other applicable provisions of this Zoning Code.

      3.   For Zoning Map Amendments only, the affected site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities (e.g., fire protection, police protection, potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.), to ensure that the requested zoning designation and the proposed or anticipated uses and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.

   C.   Failure to Make Findings. The review authority shall deny the amendment when it fails to make any one or more of the required findings. (Ord. 935 § 3 (part), 2015)

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

   B.   Zoning Code and Zoning Map Amendments. A Zoning Code or Zoning Map amendment shall become effective on the 31st day following the date the ordinance is adopted by the Council. (Ord. 935 § 3 (part), 2015)

   Unless otherwise provided for in this Zoning Code, the Municipal Code, or in the law, this Chapter establishes procedures for the appeal of determinations and decisions of the Director or Commission. (Ord. 935 § 3 (part), 2015)

   A.   Code Administration and Interpretation. The following determinations and actions of the Director and Department staff may be appealed to the Commission and then to the Council:

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

      2.   Enforcement Action. Any enforcement action in compliance with Chapter 10.124 (Enforcement).

   B.   Planning Permit Decisions. The following decisions and actions of the Director and Commission may be appealed in compliance with Table 6-1 (Review Authority) and the following:

      1.   Director’s Decisions. Decisions of the Director on a Minor Use Permit, Minor Variance, Reasonable Accommodation, Sign Permit, Site Plan and Design Review, Temporary Use Permit, or Zoning Clearance may be appealed to the Commission.

      2.   Commission’s Decisions. Any decision of the Commission, including the Commission’s decisions on appeals, may be appealed to the Council. (Ord. 935 § 3 (part), 2015)

   A.   Eligibility.

      1.   An appeal in compliance with this Chapter may be filed by any aggrieved person(s), which includes a Council member acting as a private individual and in compliance with the provisions of this Chapter.

      2.   For purposes of this Chapter an aggrieved person(s) is a person who informed the City of his or her concerns about an application for a permit or approval at a public hearing, either in person or through a representative, or by other appropriate means (e.g., in writing), or was unable to do so for good cause and pays the applicable fee in compliance with the Planning Fee Schedule; and

         a.   Objects to the action taken on the permit or approval;

         b.   Completes the required City appeal form completely and accurately. The appeal will not be deemed complete and timely filed until all information on the appeal form is verified by the office receiving the appeal form; and

         c.   Wishes to appeal any appealable action to a higher review authority.

      3.   Any action or decision by the Commission, Director, or Department staff in compliance with this Zoning Code may be appealed by the Council, acting as a full body.

   B.   Timing and Form of Appeal.

      1.   Form and Contents of the Appeal. An appeal shall be submitted in writing and shall specifically state the pertinent facts and the basis for the appeal. The written appeal shall include all of the following:

         a.   The name and address of the appellant(s);

         b.   The decision that is being appealed, the date of the decision, and the name of the officer, Commission, or Department staff member rendering the decision;

         c.   The specific reconsideration(s)/change(s) which the appellant seeks;

         d.   A summary of the reason(s) why the appellant claims he or she is entitled to the reconsideration(s)/change(s) sought, including the pertinent facts and the basis for the appeal, which shall include, at a minimum, the specific grounds for the appeal, where there was an error or abuse of discretion by the previous review authority (e.g., Commission, Director, or other City official) in the consideration and action on the matter being appealed, and/or where the decision was not supported by the evidence on the record, except for appeals filed by the Council acting as a full body; and

         e.   Payment of the appeal filing fee, in compliance with the Planning Fee Schedule, except for appeals filed by the Council acting as a full body.

      2.   Filing of the Appeal. The written appeal shall be filed with the Commission Secretary or City Clerk, as applicable, within 10 calendar days following the actual date the decision was rendered.

         a.   Appeals addressed to the Commission shall be filed with the Commission Secretary; and

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

      3.   Suspension of Project. Once an appeal is filed, any action on the associated project is suspended until the appeal is processed and a final decision on the appeal is rendered.

   C.   Scope of Planning Permit Appeals. The formal written appeal regarding a decision on a permit or approval shall be limited to issues raised at the public hearing, if one was required, or in writing before the decision, or information that was not known by the applicable review authority at the time of the decision that is being appealed.

   D.   Report and Scheduling of Hearing.

      1.   Upon receipt of a completed written appeal, together with the appeal fee, the appeal hearing shall be scheduled as follows:

         a.   Appeals addressed to the Commission shall be set by the Commission Secretary, within 60 days of the filing of the complete appeal; and

         b.   Appeals addressed to the Council shall be set by the City Clerk, within 45 days of the filing of the complete appeal.

      2.   When an appeal has been filed, the Director shall prepare a report on the matter, including all of the application materials in question, and schedule the matter for a public hearing, if required, by the appropriate review authority identified in Table 6-1 (Review Authority) and Section 10.114.020 (Appeal Subjects and Jurisdiction), above.

      3.   Notice of the hearing, if required, shall be provided, and the hearing shall be conducted, in compliance with Chapter 10.116 (Public Notices and Hearings).

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

   E.   Decision.

      1.   During the appeal hearing, the review authority shall not be limited to those issues raised by the appellant in the formal written appeal, and may include any aspect of the subject permit or approval, whether or not originally considered as part of the decision being appealed. The review authority may:

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

         b.   Affirm the action and adopt additional, amended, and/or replacement conditions of approval; or

         c.   Deny the permit or approval approved by the previous review authority, even where the appellant only requested a modification or elimination of one or more conditions of approval.

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

      3.   Within 30 days of the appeal hearing, the review authority shall render its written decision on the appeal, unless it is continued for good cause.

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

   F.   Effective Date of Appeal Decision.

      1.   Commission’s Decision. A decision by the Commission is final and effective after close of business on the 10th day following the actual date the decision is rendered, when no appeal to the decision has been filed with the Council in compliance with Chapter 10.114 (Appeals).

      2.   Council’s Decision. A decision by the Council is final and shall be effective on the date the decision is rendered. (Ord. 935 § 3 (part), 2015)

   No person shall seek judicial review of a City decision on a permit or approval made in compliance with this Zoning Code until all appeals to the Commission and Council have been first exhausted in compliance with this Chapter. (Ord. 935 § 3 (part), 2015)

   A.   This Chapter provides procedures for public hearings required by this Zoning Code.

   B.   Unless otherwise provided or required by the Zoning Code or applicable State law, when a public hearing is required, advance notice of the hearing shall be given, and the hearing shall be conducted, in compliance with this Chapter. (Ord. 935 § 3 (part), 2015)

   When this Zoning Code requires a public hearing before a decision on a permit or approval application, General Plan amendment, Zoning Code amendment or adoption, Zoning Map amendment, or for any other matter, the public shall be provided notice of the hearing in compliance with the Government Code Sections specified in Table 7-1, below, Public Resources Code 21000 et seq., and as provided by this Chapter.

 

 

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

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

      2.   Project Information. The name of the applicant; a general explanation of the matter to be considered; and a general description, in text and/or by diagram, of the location of the property that is the subject of the hearing.

      3.   Statement on Environmental Document. If a proposed Negative Declaration, Mitigated Negative Declaration, Mitigation Monitoring Program, or final Environmental Impact Report has been prepared for the project in compliance with the CEQA, the hearing notice shall include a statement that the review authority will also consider approval or a recommendation for approval of the proposed Negative Declaration, Mitigated Negative Declaration, Mitigation Monitoring Program, or certification of the final Environmental Impact Report.

   B.   Method of Notice Distribution. Notice of a public hearing required by this Chapter for a permit, approval, or appeal shall be given as follows, and as specified in Table 7-1 (Applicable Government Code Sections), above.

      1.   Mailing. Notice shall be mailed or delivered a minimum of 10 days before the scheduled hearing to the following:

         a.   Project Site Owner(s) and the Applicant. The owner(s) of the property being considered in the application, the owner(s)’ duly authorized agent, if any, and the applicant;

         b.   Local Agencies. Each local agency expected to provide or maintain roads, schools, utilities, or other essential facilities or services to the property which is the subject of the application;

         c.   Affected Owners. All owners of real property, as shown on the latest equalized assessment roll, located within a radius of 500 feet, unless stated otherwise in this Zoning Code, of the exterior boundaries of the parcel that is the subject of the hearing. In lieu of utilizing the latest assessment roll, the City and/or applicant may utilize records of the County Assessor or Tax Collector which contains more recent information than the assessment roll;

         d.   Persons Requesting Notice. Any person who has filed a written request for notice and has paid the required fee, if any, for the notice; and

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

      2.   Alternative to Mailing. If the number of property owners to whom notice would be mailed or delivered, as required by Subparagraph B.1.c., above, is more than 1,000, the Director, in-lieu of mailed or delivered notice, may provide notice by placing a display advertisement at least 1/8 page in at least one newspaper of general circulation within the City, a minimum of 10 days before the public hearing.

      3.   Publication or Posting.

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

         b.   Posting. Notice shall be posted a minimum of 10 days before the scheduled hearing in a minimum of three public places within the City specified in Municipal Code Section 2.04.140 and on the subject property.

      4.   Additional Notice. In addition to the notices required by this Section, the Director may provide any additional notice with content or using a distribution method (e.g., posting on the City’s web site) as the Director determines is necessary or desirable. (Ord. 935 § 3 (part), 2015)

   After the completion of any environmental document required by CEQA, and the Department's staff report, a matter requiring a public hearing shall be scheduled for public hearing in compliance with applicable law, but no sooner than any minimum time period established by State law. (Ord. 935 § 3 (part), 2015)

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

   B.   Continued Hearing. Any public hearing may be continued from time to time without further notice; provided, however, that the chair of the hearing body announces the date, time, and place to which the public hearing will be continued before the adjournment or recess of the public hearing. (Ord. 935 § 3 (part), 2015)

   After a public hearing on a proposed amendment to the General Plan, this Zoning Code, the Zoning Map (except in the case of the Commission's action to deny the requested amendment), a development agreement, or a specific plan as specified in Table 6-1 (Review Authorities), the recommendation and findings of the Commission shall be forwarded to the Council within 45 days. A copy of the recommendation shall be mailed to the applicant at the address shown on the application. (Ord. 935 § 3 (part), 2015)

   A.   Decision.

      1.   The review authority may announce and record the decision on the matter being considered at the conclusion of a scheduled hearing, or defer action and continue the matter to a later meeting in compliance with Section 10.116.040 (Hearing Procedure), above.

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

      3.   The decision of the Council on any matter shall be the final City action.

   B.   Notice of Decision. Following the decision on an application required by this Zoning Code, the City shall provide a written copy of the review authority’s adopted resolution to the applicant and to any person who specifically requested notice of the City’s action. (Ord. 935 § 3 (part), 2015)

   A.   Director’s or Commission’s Decision. The decision of the Director or the Commission is final and effective after close of business on the 10th day following the actual date the decision is rendered, when no appeal to the decision has been filed in compliance with Chapter 10.114 (Appeals).

   B.   Council’s Decision. A decision of the Council is final and shall be effective on the date the decision is rendered. (Ord. 935 § 3 (part), 2015)

   This Chapter and regulations are adopted under the authority of State Planning and Zoning Law, Government Code Sections 65864 through 65869.5 and is intended to provide the procedures for the application, approval, modification, or termination of development agreements, as authorized by State law. A development agreement is intended to provide assurance to the applicant that an approved project may proceed subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of execution of the agreement, regardless of any changes to City policies, rules, and regulations after project approval, unless otherwise provided by the agreement. In return, the City is provided assurance that the project will further important citywide goals and policies that have been officially recognized by the Council, and provide the City with significant, tangible benefits beyond those that may be required by the City through project conditions of approval. (Ord. 935 § 3 (part), 2015)

   A.   Qualified Applicant.

      1.   Only a qualified applicant may file an application to enter into a development agreement.

      2.   A qualified applicant is a person, including any authorized agent, who has a legal or equitable interest in the real property which is the subject of the development agreement; provided, that in all instances the owner(s) of fee title of the real property shall join in the application or the development agreement shall be conditional upon the close of escrow vesting fee title to the property to the developer.

      3.   The Director may require an applicant to submit proof of the applicant’s interest in the real property and of the authority of any agent to act for the applicant.

      4.   The qualified applicant and any successor(s)-in-interest shall be referred to as “developer.”

   B.   Fees.

      1.   The applicant for a development agreement shall pay the processing fee established by the Planning Fee Schedule.

      2.   Additionally, appropriate fees shall be established and collected for amendments to a development agreement and the annual review identified in Section 10.118.080 (Annual Review), below. (Ord. 935 § 3 (part), 2015)

   A.   Application Form and Filing.

      1.   An application for a development agreement shall be filed with the Department in compliance with Chapter 10.82 (Permit Application Filing and Processing).

      2.   The Director shall prescribe the form for each application, notice and documents provided for or required by this Chapter for the preparation and implementation of development agreements.

      3.   The Director may require an applicant to submit information and supporting data as the Director considers necessary to process the application and comply with CEQA requirements.

      4.   The application shall be accompanied by a reimbursement agreement approved by the Director upon advice from the City Attorney.

   B.   Director’s Review and Recommendations.

      1.   The Director shall be empowered to receive, review, process, and prepare, together with recommendations for Commission’s and then Council’s consideration, all applications for development agreements.

      2.   The Director shall endorse on the application the date it is received.

      3.   Upon receipt of an application for a development agreement, the Director shall review the application and may reject it if it is incomplete or inaccurate for purposes of processing.

         a.   If the Director finds that the application is complete, the Director shall accept it for filing.

         b.   If the Director finds that the application is incomplete, the Director shall promptly notify the applicant.

      4.   The Director shall prepare a staff report and recommendation and shall state whether or not the development agreement proposed or in an amended form is consistent with the General Plan and any applicable specific plans.

   C.   Review Authority’s Action.

      1.   Upon determination by the Director that the application is complete and in compliance with the provisions of this Chapter, applicable State law, and the CEQA, the Director shall set the application, together with recommendations, for a public hearing before the Commission.

      2.   Following conclusion of the public hearing, the Commission shall make a written recommendation to the Council that it approve, conditionally approve, or deny the application based on the findings specified in Section 10.118.050 (Findings Required), below.

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

      4.   Following conclusion of the public hearing, the Council shall approve, conditionally approve, or deny the application, based on the findings specified in Section 10.118.050 (Findings Required), below.

   D.   Notice and Public Hearings.

      1.   Public Hearings. A public hearing shall be held on the proposed development agreement by both the Commission and the Council.

      2.   Notice. Notice of the public hearings specified in this Chapter shall be given in the form of a notice of intention to consider approval of a development agreement in compliance with Government Code Section 65867 and Chapter 10.116 (Public Notices and Hearings).

      3.   State Law.

         a.   The notice requirements referred to in Subparagraphs 1 and 2, above, are declaratory of existing law under Government Code Section 65867 and Sections 65090 and 65091.

         b.   If State law under these sections prescribes a different notice requirement, notice shall be given in that manner.

      4.   Additional Notice. The Commission or Council, as the case may be, may direct that notice of the public hearing shall be given in a manner that exceeds the notice requirements specified by State law.

      5.   Failure to Receive Notice. The failure of any person entitled to notice required by law or this Chapter to receive notice does not affect the authority of the City to enter into a development agreement. (Ord. 935 § 3 (part), 2015)

   A.   As authorized by Government Code Section 65865.2, or as that section may be amended from time to time, a development agreement shall include the following provisions:

      1.   A development agreement shall provide that the applicant or developer is the legal or equitable owner of the subject property.

      2.   A development agreement shall specify the location of the subject property, and that the property is located within the City or the City’s sphere of influence, if applicable.

      3.   A development agreement shall specify its duration, the allowed uses of the subject property, the density and/or intensity of use, the maximum height and size of proposed structures, provisions for reservation or dedication of land for public purposes, and requirements for construction and maintenance of on-site and off-site improvements or payment of fees in lieu of dedication or improvements.

      4.   All development agreements shall contain an indemnity and insurance clause requiring the developer to indemnify and hold the City harmless against claims arising out of the development process, including all legal fees and costs.

   B.   A development agreement may include the following provisions:

      1.   A development agreement may include conditions, requirements, restrictions, and terms for subsequent discretionary actions (provided the conditions, requirements, restrictions, and terms do not prevent the development of the land subject to the development agreement for the uses and to the density or intensity of development specified in the agreement) but does not affect the developer’s responsibility to obtain all land use approvals required by this Zoning Code or Municipal Code.

      2.   A development agreement may include conditions and restrictions imposed by the City with respect to the project, including those conditions and restrictions proposed in an Environmental Impact Report applicable to the project prepared and certified under the CEQA, in order to eliminate or mitigate adverse environmental impacts of the project.

      3.   A development agreement may provide that the project be constructed in specified phases, that construction shall commence within a specified time, and that the project or any phase of the project be completed within a specified time.

      4.   A development agreement may include a requirement for the developer’s payment of ongoing operational costs of public services and for the developer’s agreement to be included within a Mello-Roos District or other comparable district for financing ongoing operational costs of public services for the project.

      5.   If the development agreement requires developer’s financing of necessary public facilities, it may include terms relating to subsequent reimbursements over time for the financing.

      6.   A development agreement may include conditions relating to financial guarantees for performance of obligations specified in the agreement.

      7.   A development agreement is a contract that is negotiated and voluntarily entered into by City and developer and may contain any additional or modified conditions, provisions, or terms agreed upon by the parties, including sanctions for failure to meet requirements. (Ord. 935 § 3 (part), 2015)

   A.   Findings Required for Commission and Council Action on Development Agreements. The Commission may recommend approval and the Council may approve the development agreement only after the Commission and Council first make all of the following findings:

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

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

      3.   The development agreement complies with the requirements of Government Code Sections 65865 through 65869.5, or as these sections may be modified from time to time;

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

      5.   The development agreement is compatible with the uses authorized in, and the regulations prescribed for, the zone in which the real property is located;

      6.   The development agreement will not adversely affect the orderly development of property or the preservation of property values;

      7.   The development agreement will further important citywide goals and policies that have been officially recognized by the Council;

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

      9.   The development agreement will not be detrimental to the health, safety and general welfare; and

      10.   If the development agreement includes a subdivision, as defined in Government Code Section 66473.7 that the development agreement provides that any tentative map prepared for the subdivision will comply with the provisions of Government Code Sections 66473.7 through 66474.10.

   B.   Denial of Development Agreement.

      1.   The Commission, in its sole discretion, may recommend denial of the development agreement on the grounds that, in its opinion, the proposed agreement is not in the best interest of the public.

      2.   The Council, in its sole discretion, may deny the development agreement on the grounds that, in its opinion, the proposed agreement is not in the best interest of the public.

   C.   If Property is Located Outside of the City.

      1.   If the property is located outside the City limits, the application for a development agreement shall be acted upon by the City only if the property is located within the City’s sphere of influence.

      2.   If the property is located within the City’s sphere of influence, the agreement shall be conditional upon the property being annexed to the City and shall specify the time period for completion of annexation.

      3.   If annexation does not occur within the specified time period, the agreement shall be null and void. (Ord. 935 § 3 (part), 2015)

   A.   Adoption of an Ordinance.

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

      2.   The City shall not execute the development agreement until 30 days after the ordinance approving the development agreement is adopted.

   B.   Recordation of Agreement.

      1.   Within 10 days after the City executes the development agreement, the City Clerk shall submit the agreement for recording with the Office of the County Recorder.

      2.   If the parties to the agreement or their successor(s)-in-interest, amend or cancel the agreement or if the City terminates or modifies the agreement for failure of the developer to comply in good faith with the terms or conditions of the agreement, the City Clerk shall record the notice of the action with the Office of the County Recorder. (Ord. 935 § 3 (part), 2015)

   A.   Proposed Amendment or Cancellation. Unless otherwise provided in a development agreement, either party may propose an amendment to or cancellation, in whole or in part, of a development agreement previously entered into.

   B.   Procedures. The procedure, for proposing and adoption of an amendment to or cancellation, in whole or in part, of a development agreement shall be the same as the procedure for entering into an agreement in the first instance, including but not limited to the notice of and the public hearings as specified in this Chapter.

   C.   City Initiated Amendment or Cancellation. Where the City initiates the amendment or cancellation, in whole or in part, of the development agreement, it shall first give notice to the developer of the City’s intention to initiate the proceedings in the manner specified in Chapter 10.116 (Public Notices and Hearings).

   D.   In the Event of Cancellation.

      1.   In the event that a development agreement is canceled or terminated, all rights of the developer under the development agreement shall terminate.

      2.   Except as otherwise provided in the development agreement, the City may, at its sole discretion, retain any and all benefits, including reservation or dedications of land, improvements constructed, and payments of fees, received by the City.

   E.   Effect of Termination on Entitlements. Notwithstanding Subsection D., above, any termination of the development agreement shall not prevent the developer from constructing or completing a structure or other improvements authorized in compliance with other validly issued permits or approvals, but the City may take any action permitted by law to prevent, stop, or correct any violation of law occurring after cancellation of the development agreement. (Ord. 935 § 3 (part), 2015)

   A.   Annual Review.

      1.   Every development agreement approved and executed in compliance with this Chapter, shall be subject to City review, as specified in the development agreement, during the full term of the agreement, but in no case less than every 12 months from the date of execution of the agreement.

      2.   The time for review may be amended either by agreement between the parties or by initiation of the Council.

   B.   Purpose of Annual Review.

      1.   The purpose of the annual reviews shall be for the applicant, developer/contracting party, or its successor(s)-in-interest to demonstrate good faith compliance with the conditions and terms of the development agreement.

      2.   The burden of proof shall be on the applicant, developer/contracting party, or its successor(s) to demonstrate compliance, to the full satisfaction of, and in a manner prescribed by, the City.

   C.   Notice of Annual Review.

      1.   The Director shall initiate the review proceeding by giving a 30-day written notice to the applicant, developer/contracting party, or successor(s)-in-interest that the City intends to undertake an annual review of the development agreement.

      2.   The Director shall give the notice in compliance with Subsection 10.118.030 D. (Notice and hearings), above.

   D.   Review by the Council. Review shall be conducted by the Council.

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

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

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

   F.   Procedure upon Findings.

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

      2.   Has not Complied. If the Council finds and determines, on the basis of substantial evidence, that the applicant, developer/contracting party, or its successor(s)-in-interest has not complied in good faith with the conditions and terms of the development agreement during the period under review, the Council may initiate modification or termination of the development agreement in compliance with Subsection G., below.

   G.   Modification or Termination of Development Agreement.

      1.   Proceedings upon Modification or Termination

         If, upon a finding under Subsection F. (Procedure Upon Findings), above, the Council determines to proceed with modification or termination of the development agreement, the City shall provide public notice in compliance with Chapter 10.116 (Public Notices and Hearings) of its intention to do so. The notice shall contain all of the following:

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

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

         c.   Other information that the City considers necessary to inform the applicant, developer/contracting party, its successor(s)-in-interest, and the general public of the nature of the proceedings.

      2.   Hearing on Modification or Termination of Development Agreement.

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

         b.   At the hearing, the Council may modify or terminate the development agreement, may continue the hearing for further consideration, and may impose conditions to the action it takes as it considers reasonable and necessary to protect the interests of the City.

         c.   The decision of the Council on the modification or termination shall be final. (Ord. 935 § 3 (part), 2015)

   A.   Rules in Force at the Time of Execution. Unless otherwise provided by the development agreement, the City's official policies, regulations, and rules governing allowed uses of the land or property, density, design, improvement, and construction standards and specifications, applicable to development of the property subject to a development agreement shall be those City official policies, regulations, and rules in force at the time of execution of the agreement.

   B.   Application of New Rules.

      1.   In compliance with Government Code Section 65866, a development agreement shall not prevent the City, in subsequent actions applicable to the property, from applying new policies, regulations, and rules that do not conflict with those policies, regulations, and rules applicable to the property as specified in the agreement.

      2.   Additionally, a development agreement shall not prevent the City from conditionally approving or denying any subsequent permit or approval, development project application, or authorization for the project on the basis of existing or new policies, regulations, and rules. (Ord. 935 § 3 (part), 2015)

   Development agreements approved by the Council shall be on file with the City Clerk. (Ord. 935 § 3 (part), 2015)

   A.   Judicial Review. Any judicial review of an ordinance approving a development agreement shall be by writ of mandate in compliance with Code of Civil Procedure Section 1085; and judicial review of any City action taken by the City in compliance with this Chapter, other than the initial approval of a development agreement, shall be by writ of mandate in compliance with Code of Civil Procedure Section 1094.5.

   B.   Time Limitation. Any action or proceeding to annual, attack, review, set aside, or void any decision of the City made in compliance with this Chapter shall not be maintained by any person unless the action or proceeding is commenced within 90 days after the date of the decision. (Ord. 935 § 3 (part), 2015)

   The purpose of this Chapter is to provide a process for preparing, processing, reviewing, adopting, and amending specific plans in compliance with Government Code Section 65450 et seq. or as that section may be amended or replaced from time to time. (Ord. 935 § 3 (part), 2015)

   The specific plan shall be adopted by ordinance or by resolution of the Council, in compliance with Government Code Section 65453. (Ord. 935 § 3 (part), 2015)

   A.   Specific Plan. A specific plan may be initiated in compliance with Section 10.120.050 (Initiation of Specific Plans), below, and shall be prepared, processed, approved and implemented, or denied in compliance with this Chapter.

   B.   Flexibility and Innovation. A specific plan is designed to provide for flexibility, innovative use of land resources and development, a variety of housing and other development types, and an effective and safe method of pedestrian and vehicular circulation. (Ord. 935 § 3 (part), 2015)

   A specific plan may only be requested for a site(s) with a minimum of two acres. (Ord. 935 § 3 (part), 2015)

   A specific plan may be initiated in the following manner:

   A.   Council. By the Council;

   B.   Commission. By the Commission; or

   C.   Property Owner(s). By an application filed by the owner(s) of one or more parcels that would be the subject of the specific plan. (Ord. 935 § 3 (part), 2015)

   If initiated by a property owner(s), the following shall first occur.

   A.   Pre-Application Conference and Meeting Required.

      1.   Pre-Application Conference Required. A pre-application conference shall be conducted with the Director before the filing of a specific plan application.

      2.   Public Meeting(s) Required.

         a.   Before the preparation of the specific plan, the applicant shall host at least one public/neighborhood meeting which shall be held to inform the neighboring public about the proposal and to identify potential community impacts and concerns relating to the proposed plan.

         b.   Notice of the meeting shall be provided to all owners of real property, as shown on the latest equalized assessment roll, located within the boundaries of the proposed specific plan and within a radius of 500 feet of the exterior boundaries of the proposed specific plan. In lieu of utilizing the latest assessment roll, the applicant may utilize records of the County Assessor or Tax Collector which contains more recent information than the assessment roll.

   B.   Application Filing.

      1.   An application for a specific plan shall be filed and processed in compliance with Chapter 10.82 (Permit Application Filing and Processing).

      2.   The application shall include the information and materials specified in the Department handout for specific plan applications, together with the required fee in compliance with the Planning Fee Schedule.

      3.   It is the responsibility of the applicant to provide evidence in support of the findings required by Section 10.120.090 (Adoption of Specific Plan), below.

   C.   Project Review Procedures. Following receipt of a completed application, the Director shall investigate thefacts necessary for action consistent with the purpose of this Chapter.

      1.   If the Director finds that the application is complete, the Director shall accept it for filing.

      2.   If the Director finds that the application is incomplete, the Director shall promptly notify the applicant and identify the inadequacies of the application.

   D.   Notice and Hearings.

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

      2.   The public hearings shall be scheduled once the Director finds the application complete.

      3.   Notice of the public hearings shall be given and the hearings shall be conducted in compliance with Chapter 10.116 (Public Notices and Hearings). (Ord. 935 § 3 (part), 2015)

   If initiated by the City, the specific plan shall comply with all of the requirements specified in Government Code Section 65451. If initiated by a property owner(s), the specific plan application shall comply with all of the following.

   A.   Organization of Specific Plan. The applicant shall prepare a draft specific plan for review by the City that includes detailed information in the form of text and diagram(s), organized in compliance with Government Code Section 65451.

   B.   Required Information. All of the following information shall be provided:

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

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

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

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

      5.   Proposed design guidelines;

      6.   Analysis and description of past approvals of development entitlements, agreements, and property interests that may limit or constrain the scope or content of the specific plan;

      7.   A discussion of the relationship of the specific plan to the goals, policies, and actions of the General Plan; and

      8.   Additional information and/or contents deemed to be necessary by the Director based on the characteristics of the area to be covered by the specific plan; applicable goals, policies, and actions of the General Plan; or any other issue(s) determined by the Director to be significant.

   C.   Required Fees. The applicant shall submit the appropriate fee(s) and/or deposit(s) in compliance with Government Code Section 65456 and the Planning Fee Schedule. (Ord. 935 § 3 (part), 2015)

   If initiated by a property owner(s), the draft specific plan shall be processed in the same manner as required for General Plans by State law, and as follows.

   A.   Director’s Evaluation.

      1.   After the filing of a draft specific plan, the Director shall review the draft specific plan to determine whether it is in compliance with the provisions of this Chapter.

      2.   If the draft specific plan is not in compliance, it shall be returned to the applicant with written specification(s) as to why it does not comply, and with suggested revisions to ensure compliance.

   B.   Environmental Review Required. The draft specific plan shall be subject to environmental review as identified in Section 10.82.090 (Environmental Review).

   C.   Staff Report. A written staff report shall be prepared for the draft specific plan that shall include detailed recommendations and, if appropriate, suggested changes to the text and/or diagrams of the specific plan, as determined to be necessary to make it acceptable for adoption. (Ord. 935 § 3 (part), 2015)

   A.   Commission and Council Review. An application for a specific plan shall be considered by the Commission and Council.

      1.   Commission. Following a public hearing, the Commission shall forward a resolution to the Council recommending that the Council approve, approve in modified form, or deny the proposed specific plan based on the findings identified in Subsection B. (Findings for Adoption), below.

      2.   Council. Upon receipt of the Commission’s recommendation, the Council shall conduct a public hearing and either approve, approve in modified form, or deny the proposed specific plan based on the findings identified in Subsection B. (Findings for Adoption), below.

   B.   Findings for Adoption. A specific plan may be adopted only if all of the following findings are first made:

      1.   The proposed plan is consistent with the General Plan in compliance with Government Code Section 65454;

      2.   The subject property is physically suitable for the requested land use designation(s) and the anticipated land use development(s);

      3.   The proposed plan shall ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood; and

      4.   The proposed plan will contribute to a balance of land uses so that local residents may work and shop in the community in which they live.

   C.   Method of Adoption. The specific plan shall be adopted by ordinance or by resolution of the Council, in compliance with Government Code Section 65453. (Ord. 935 § 3 (part), 2015)

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

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

   C.   Frequency of Amendments. The specific plan may be amended as often as deemed necessary by the Council, in compliance with Government Code Section 65453. (Ord. 935 § 3 (part), 2015)

   This Chapter provides procedures for securing revocation or modification of previously approved permits or approvals. (Ord. 935 § 3 (part), 2015)

   The City’s action to revoke a permit or approval shall have the effect of terminating the permit and denying the privileges granted by the original approval. (Ord. 935 § 3 (part), 2015)

   The City’s action to modify a permit or approval, may include any operational aspect of the project, including buffering for sight and sound control, duration of the permit or approval, hours of operation, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, signs, surface materials, traffic circulation, or any other aspect or condition determined to be reasonable and necessary to ensure that the permit is operated in a manner consistent with the original findings for the approval. (Ord. 935 § 3 (part), 2015)

   A.   Permits. A Conditional Use Permit, Minor Use Permit, Planned Development Permit, Reasonable Accommodation, Site Plan and Design Review, Temporary Use Permit or other City permit or approval (except a Variance or Minor Variance, see Subsection B., below) may be revoked or modified by the Review Authority (e.g., Director, Commission, or Council) that originally approved the permit, if the Review Authority first makes any one of the following findings:

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

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

      3.   One or more of the conditions of approval of the original permit or approval have not been fulfilled or have been violated;

      4.   The use for which the approval was granted is not being exercised;

      5.   The use for which the approval was granted has ceased to exist or has been suspended for at least 180 days;

      6.   The permit or approval granted is being, or recently has been exercised contrary to the terms of the conditions of the approval, or in violation of any State or Federal statutes or law, City ordinances, laws and regulations; or

      7.   The use for which the approval was granted was so exercised as to be detrimental to the public health, safety, or welfare, or so as to constitute a public nuisance.

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

      1.   Circumstances under which the original approval was granted have been changed by the applicant to a degree that one or more findings necessary for the approval can no longer be made, and the grantee has not substantially exercised the rights granted by the Variance or Minor Variance; or

      2.   One or more of the conditions of the Variance or Minor Variance have not been met, or have been violated, and the grantee has not substantially exercised the rights granted by the Variance or Minor Variance.

   C.   Hearings and Notice.

      1.   The appropriate Review Authority shall hold a public hearing to revoke or modify a permit or approval granted in compliance with the provisions of this Zoning Code. The hearing shall be conducted in compliance with Chapter 10.116 (Public Notices and Hearings).

      2.   Ten days before the public hearing, notice shall be delivered in writing to the applicant for the permit or approval being considered for revocation or modification, and/or owner of the property for which the permit was granted. The only exception to the 10-day notice provision shall be for Temporary Use Permits which, because of their short term nature, shall only require a 24-hour notice. (Ord. 935 § 3 (part), 2015)