(A)   Duties of City Council. The City Council shall perform the following specific duties:

      1.   To render decisions on amendments to this title and rezonings; and

      2.   To act on appeals of denial of variances, denial and/or revocation of use permits or conditional use permits by the Planning Commission.

   (B)   Duties of Planning Commission. The City Planning Commission shall perform the following specific duties:

      1.   To interpret, administer and enforce the provisions of this title in such a way as to carry out the intent and purpose of the general plan as interpreted on the official zoning map; and

      2.   To act on variances from the provisions of this title regarding the development of land, construction, enlargement or alteration of any building or structure; to recommend on site plan/design review applications, to act on use permits, to revoke use permits as necessary; to provide interpretations of the zoning ordinance, to act on parcel maps; to provide recommendations to the City Council on rezonings, tentative maps, development agreements and general plan amendments.

   (C)   Duties of the Planning Director. The Planning Director shall perform the following specific duties:

      1.   Implement actions of the City Council and Planning Commission;

      2.   Process discretionary development applications and review and issue temporary use permits;

      3.   Approve minor (i.e., nonsubstantive) changes to Planning Commission and City Council approved plans and permits.

   (D)   Revocation of permits and variances.

      1.   Unless otherwise specifically provided in this zoning title, the Planning Commission may revoke or modify any conditional use permit, occupancy permit or variance on one or more of the following grounds:

         (a)   The approval was obtained by fraud;

         (b)   The use for which the approval was granted is not being exercised;

         (c)   The use for which the approval was granted has ceased or has been suspended for one year or more;

         (d)   The granted permit or variance is being, or has been, exercised contrary to the terms and conditions of such approval or in violation of any statute, ordinance, law or regulation;

         (e)   The use for which the approval was granted was so exercised as to be detrimental to the public health or safety or as to constitute a nuisance; or

         (f)   The continued exercise of the use for which the approval was granted appears to be detrimental or contrary to the public welfare.

      2.   The Planning Commission shall hold a public hearing on any proposed revocation or modification after giving written notice to the permittee or property owner at least ten days prior to the hearing. If the Planning Commission is satisfied that one or more of the grounds specified in subsection (D)1. of this section exists, the Commission shall revoke the permit or variance or take such other action as may be necessary to remedy said subsection (D)1. violation and to ensure compliance with the applicable statutes, ordinances, laws, regulations and terms and conditions.

      3.   If the permittee or property owner or any other person is dissatisfied with the action of the Planning Commission, he or she may appeal in writing to the City Council within ten days of the date the Planning Commission renders a decision on the proposed revocation or modification. The City Council shall set a date for public hearing of the appeal and shall give notice to the appellant and the affected permittee or property owner and to the Planning Commission of such appeal; whereupon the Planning Commission shall submit a report to the City Council setting forth the reasons for the action taken by the Commission. The City Council shall render its decision within 30 days of the public hearing.

(Ord. 553, passed 8-16-2005; Ord. 619, passed 6-17-2014)

   (A)   General provisions. An amendment to this title or a rezoning may amend, supplement or change the regulations for zoning of property now or hereafter established by this title; provided, that the city zoning regulations shall be consistent with the general plan in accordance with Cal. Gov’t Code § 65860. In the event these zoning regulations become inconsistent with the general plan by reason of amendment to said plan, or to any element of such plan, these zoning regulations shall be amended within a reasonable time to remain consistent with the general plan.

   (B)   Application for amendment or rezoning initiation. An amendment or rezoning may be initiated by any one of the following:

      1.   Resolution of intention of the Planning Commission. The City Council must approve the resolution of intention by the Planning Commission prior to initiation of the requested amendment or rezone;

      2.   Resolution of intention of the City Council;

      3.   (a)   A verified petition of one or more record owners of the property subject to the proposed amendment, to be filed with the Planning Commission; and

         (b)   An application form, accompanied by the appropriate fees, must be filed with the city.

      4.   The City Manager, by directing staff to prepare a proposed amendment or amendments.

   (C)   Hearings. The Planning Commission shall hold public hearings as required by law on any proposed amendment or rezoning and shall give public notice including time, place and a general description of the area in question by the following methods:

      1.   In connection with the hearing on the proposed rezoning of property or amendment of the text of this title, at least one publication in an official newspaper of general circulation in the county not less than ten calendar days prior to the date of the hearing; and

      2.   In connection with prezoning, at least one notice shall be published in an official newspaper of general circulation in the county not less than ten days prior to the date of the hearing.

   (D)   Planning Commission. After the hearing, the Planning Commission shall submit its recommendation in written form to the City Council. The recommendation shall include the reasons for the recommendation, relationship of the proposed ordinance or amendment to the adopted general plan and shall be transmitted to the City Council in the form and manner as may be specified by the City Council.

   (E)   City Council action. Upon receipt of the recommendation of the Planning Commission, the City Council shall set the matter for public hearing and give notice of the time, place and purpose of such hearing by causing a notice thereof to be published in at least one regular issue of the official newspaper of general circulation in the county at least ten days before said hearing.

   (F)   Determination. The City Council may approve, modify or disapprove the recommendation of the Planning Commission; provided, that any modification of the proposed amendment or rezoning by the City Council shall first be referred to the Planning Commission for report and recommendation, but not requiring a public hearing. Failure of the Planning Commission to act within 40 days, after such reference or such longer period as designated by the City Council, shall be deemed to be approval of the proposed modification.

   (G)   Withdrawal of petition or appeal. The Planning Commission or the City Council, at its discretion, may permit the withdrawal of any petition or appeal filed hereunder, or may abandon any proceedings for an amendment or rezoning initiated by itself.

   (H)   Reapplication. In the event of a denial of an amendment or rezoning, reapplication on the same or substantially the same exception to this title on the same or substantially the same site shall not be filed within one year from the date of denial.

   (I)   Judicial review. The time to appeal a decision of the City Council pursuant to this section shall be governed by the provisions of Cal. Code of Civil Procedure § 1094.6 as currently enacted.

(Ord. 553, passed 8-16-2005; Ord. 601, passed 3-19-2013)

   (A)   Intention and limitation. The development agreement ordinance was adopted pursuant to the authority of Cal. Gov’t Code §§ 65864 through 65869.5. Unless otherwise provided by state law, the provisions set out in this section are the exclusive procedures and rules relating to development agreements. In case of conflict, the provisions of state law shall prevail over any other provisions of this chapter.

   (B)   Custodian of agreement file. The agreement file shall be held in the official custody of the City Clerk. The file shall include an executed copy of the agreement and all the originals of all exhibits, reports of periodic review, amendments, modifications or cancellation to the agreement.

   (C)   Qualification of the applicant.

      1.   Only a qualified applicant or his or her authorized agent may file any application pursuant to this chapter. A qualified applicant is a person who has a legal or an equitable interest in the real property which is subject of the development agreement. The city may require an applicant to submit proof or their interest in the real property and of the authority of the agent.

      2.   A qualified applicant or his or her authorized agent may file the application if the person has a legal or an equitable interest in the real property which is the subject of the development agreement.

   (D)   Application; required information. Application for a development agreement shall be made to the Planning Department on a form prescribed by the city planner or planning designee. The application shall include the required data as follows:

      1.   A map drawn to scale showing the property of which the development agreement is requested and the property lines for the properties within 300 feet of the exterior boundary lines of the subject property;

      2.   A clear indication of the names of all streets and of the assessor’s parcel numbers of each parcel shown on the map that is the subject of the development agreement;

      3.   The names and mailing addresses as listed on the latest assessment roll of the owners of the property shown on the map;

      4.   In addition to the required information identified on the application form, the applicant shall submit a written description of the project, the proposed uses, the density and intensity of use, the maximum height and size of proposed structures, and any proposed dedication of land if applicable. The developer shall also submit a statement justifying the findings the Council must make in subsection (J) of this section;

      5.   The proposed term of the development agreement may range from one year to ten years with an extension of five years based on specific intervals of development;

      6.   Establishment of vested rights, including project approvals and subsequent approvals to be vested, if any; and

      7.   The legal description or other description acceptable to the Planning Director of the subject property, which must be provided prior to the approval of the City Council.

   (E)   Application fee. The city has established by resolution a schedule of fees for the purpose of defraying the expense involved in the processing of the application. The schedule of fees is available in the Planning Department.

   (F)   Application withdrawal. An applicant may withdraw an application filed pursuant to this chapter at any time prior to City Council action on the application. Any fee required for processing the application shall not be returned or refunded to the applicant.

   (G)   Submittal with other applications. The city may require that a development agreement application be filed concurrently with other development related applications to ensure that adequate information is available to allow for the thorough review of the project’s benefits and impacts.

   (H)   Public hearing; transmittal to Commission. The Planning Director shall transmit the application and the draft agreement to the Planning Commission for a public hearing when all of the necessary reports and recommendations are complete. The Planning Commission shall hold a public hearing on the development application as prescribed in the California Government Code.

   (I)   Public hearing by City Council.

      1.   After the Planning Commission has held a public hearing, it shall render its decision in the form of a written report, and a recommendation shall include proposed findings on the matters stated in this chapter.

      2.   Prior to the public hearing, the applicant shall submit a letter to the city indicating agreement with the provisions of the proposed development agreement. If the applicant does not concur with all provisions, the letter shall specify the areas of disagreement and indicate the reasons for such disagreement.

      3.   Upon receipt of the recommendation and report of the Planning Commission, the City Council shall hold a required public hearing.

      4.   After the Council has held a public hearing, it may approve, modify and approve, or disapprove the development agreement. It may, but need not, refer to matters not previously considered by the Planning Commission for a report and recommendation. The Planning Commission may, but need not, hold a public hearing on matters referred to it by the City Council.

   (J)   Action by City Council.

      1.   In order to approve a development agreement, the City Council shall adopt findings of fact, including, but not limited to, the following:

         (a)   That the development agreement is consistent with the goals, objectives and policies of the general plan, and any applicable specific plan or policy plan;

         (b)   That the development agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is or will be located;

         (c)   That the development agreement would not be detrimental to the public health, safety or welfare of the community;

         (d)   That the development agreement would promote the public convenience, general welfare, and good land use practices, and is in the best interest of the community;

         (e)   That the development agreement would not adversely affect the orderly development of property or the preservation of property values; and

         (f)   That the development agreement would promote and encourage the development of the proposed project by providing a greater degree of requisite certainty;

      2.   A development agreement shall be adopted by ordinance.

   (K)   Execution of development agreement. The applicant shall execute the development agreement within 15 calendar days after adoption of the ordinance. Failure to execute the agreement shall result in the agreement becoming null and void.

   (L)   Amendment of development agreement. An amendment to a development agreement shall be subject to the same public notice and hearing process as adoption of the agreement. When adopting an amendment, the City Council shall make findings, including, but not limited to, that the amendment is consistent with the provisions of the agreement, with the original intent of the development agreement and that the amendment will not be detrimental to the public health, safety or general welfare of the community. Any revision to the development agreement which does not relate to the term of the agreement, permitted uses of the property, provisions for the reservation or dedication of land or monetary exactions of the developer, shall be considered an administrative adjustment, and is not an amendment, and no public hearing shall be required, unless otherwise determined by the Planning Director.

   (M)   Periodic review. The Planning Commission shall, not less than once every 12 months from the effective date of the development agreement, review the same for compliance with its terms and conditions. The Planning Commission shall determine upon the basis of substantial evidence whether or not, for the period under review, there has been compliance in good faith with the terms and conditions of the agreement. After the public hearing, the Planning Commission shall render its decision in the form of a written report to the City Council. If the Planning Commission determines that there has not been compliance in good faith with the terms and conditions of the agreement, the Commission may include in its report a recommendation for the modification or termination of the agreement.

   (N)   Hearing following periodic review.

      1.   The City Council shall place the report of the Commission on its agenda at the second regularly scheduled City Council meeting following the receipt of the Planning Commission report by the City Council.

      2.   If the Planning Commission reports that there has been compliance in good faith with the terms and conditions of the agreement for the period under review, the City Council shall accept the report for filing and shall not take any further action unless:

         (a)   The City Council, on its own motion, votes to set the matter for public hearing; and

         (b)   An appeal is filed with the City Council from the determination of the Planning Commission within 15 days of the Planning Commission’s report.

      3.   If the Planning Commission reports that there has not been compliance in good faith with the terms and conditions of the agreement for the period under review, the City Council shall hold a public hearing to consider the report and recommendations of the Commission. Notice shall be given as provided in accordance with Cal. Gov’t Code §§ 65867, 65090 and 65091.

      4.   At the conclusion of the public hearing, the City Council may refer the matter to the Planning Commission for a further report and recommendation or it may make a final determination on whether or not there has been compliance in good faith with the terms and conditions of the agreement.

      5.   If the City Council finds and determines, on the basis of substantial evidence, that there has not been compliance in good faith with the terms and conditions of the agreement for the period under review, the City Council may terminate the agreement or impose those conditions which it considers necessary and appropriate to protect the interests of the city. Any court action or proceeding to attack, review, set aside, void or annul the final determination by the City Council shall be commenced within 60 days from the date upon which a final determination is made by the City Council.

   (O)   Cancellation or termination of development agreement.

      1.   Intent to cancel or terminate a development agreement shall be subject to the same public notice and hearing process as adoption of the agreement.

      2.   Any development agreement may be canceled by mutual consent of the parties. Following a public hearing by the Planning Commission and City Council, the Council shall adopt a resolution canceling the development agreement.

   (P)   Termination of the development agreement by the city.

      1.   If, at any time during the term of a development agreement, the Planning Director finds, on the basis of substantial evidence, that the developer has not complied in good faith with the terms and conditions of the development agreement, the Planning Commission will conduct a public hearing, at which time the developer must demonstrate good faith compliance with the terms of the development agreement.

         (a)   The burden of proof to show substantial evidence of compliance by the developer shall be upon the developer.

         (b)   If such compliance has not been demonstrated to the satisfaction of the City Council, they will terminate the development agreement or recommend new terms and conditions intended to remedy the noncompliance.

      2.   The City Council shall review the recommendation of the Planning Commission at which time the developer and any other interested persons shall be entitled to submit such evidence and testimony as may be germane to the issue of the developer’s good faith compliance with the terms of the development agreement.

         (a)   If the City Council finds, based upon substantial evidence, noncompliance with the terms and conditions of the development agreement, the City Council may either cancel the development agreement upon giving 60 days’ notice to the developer or, in its discretion, may allow new terms and conditions intended to remedy such noncompliance;

         (b)   The City Council may impose such conditions to the action it takes as it considers necessary to protect the interests of the city; and

         (c)   The decision of the City Council shall be final.

   (Q)   Rights of the parties after cancellation or termination. In the event that a development agreement should be canceled, or otherwise terminated, unless otherwise agreed, all rights of the developer, property owner, or successors in interest under the development agreement shall terminate.

      1.   Any and all benefits, including money or land, received by the city shall be retained by the city. Notwithstanding the above provision, any termination of the development agreement shall not prevent the developer from completing and occupying a building or other improvements authorized pursuant to a valid building permit previously approved by the city or under construction at the time of termination.

      2.   The city may take any action permitted by law to prevent, stop or correct any violation of law occurring during and after construction, and the developer or any tenant shall not occupy any portion of the project or any building not authorized by a previously issued building permit.

(Ord. 553, passed 8-16-2005)

   (A)   Violation, enforcement and penalty.

      1.   Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title, and any use of any land, building or premises established, conducted, operated or maintained contrary to the provisions of this title shall be, and the same is hereby declared to be, unlawful and a public nuisance and the City Attorney shall, upon order of the City Council, immediately commence action or proceeding for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take over other steps and shall apply to such courts as may have jurisdiction to grant such relief and will abate and remove such building or structure, and restrain and enjoin any person from setting up, erecting, building, maintaining or using any such building or structure or using property contrary to the provisions of this title. The remedies provided for herein shall be cumulative and exclusive.

      2.   Any person violating or causing violation of any of the provisions of this title shall be subject to the prosecution of a misdemeanor and upon conviction thereof shall be punishable as provided in § 1-4-1 of this code.

      3.   All permits and licenses issued shall conform to the provisions of this title, and in no case shall a permit or license be issued for uses, buildings or purposes in conflict with the provisions of this title. Any such license or permit issued in conflict with the provisions of this title shall be null and void.

      4.   It shall be the duty of the City Manager or his or her designee to enforce the provisions of this title pertaining to the use of lands, buildings or structures, the erection, construction, reconstruction, moving, alterations or additions to any buildings or structures.

      5.   Any building or structure erected, constructed or moved or maintained contrary to the provisions of this title, any use of land or buildings operated or maintained contrary to the provisions of this title are hereby declared to be a public nuisance and illegal.

   (B)   Complaints regarding violations. If or when a violation of this title occurs or is alleged to have occurred, any person may file a written or oral complaint with the Secretary of the Planning Commission. This complaint shall state in full the causes and basis thereof and be filed with the Planning Commission. The complaint shall immediately be recorded, investigated and acted upon as provided by this title. The alleged violator shall be notified in written form, of such complaint and the right to be heard on such matter.

(Ord. 553, passed 8-16-2005)

   (A)   Intent.

      1.   Within the districts established by this section or amendments that may be adopted there exist lots, structures and uses of land and structures which were lawful before this section was passed or amended, but which would be prohibited, regulated or restricted under the terms of this section.

      2.   It is the intent of this section to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this section to be incompatible with permitted uses in the districts involved. It is further the intent of this section that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

      3.   A nonconforming use of a structure, a nonconforming use of land or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this section by the addition of other uses of a nature which would be prohibited generally in the district involved.

      4.   To avoid undue hardship, nothing in this section shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this section and upon which actual building construction has been diligently carried on. ACTUAL CONSTRUCTION is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.

   (B)   Nonconforming lots of record; single-family dwellings.

      1.   In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this section, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this section. Such lots must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and other requirements not involving the area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of area, width and yard requirements shall be obtained only through action of the Planning Commission.

      2.   In any district in which single-family dwellings are permitted, lots that are 25 feet or less exist with continuous frontage in single ownership of record at the time of the passage or amendment of this section, and if all or part of the lots do not meet the requirements for lot width and area as established by this section, the lands involved shall be considered to be an undivided parcel for the purposes of this section, and no portion of said parcel shall be used or sold which does not meet lot width and area requirements established by this section for single-family homes, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this section.

   (C)   Nonconforming uses of land. Where, at the effective date of adoption or amendment of this section, lawful use of land exists that is made no longer permissible under the terms of this section as enacted or amended, such may be continued, so long as it remains otherwise lawful, subject to the following provisions.

      1.   No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this section.

      2.   No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this section.

      3.   If any such nonconforming use of land ceases for any reason for a period of more than six months, any subsequent use of such land shall conform to the regulations specified by this section for the district in which such land is located.

         (a)   Nonconforming agricultural uses. Due to the nature of agricultural activities, use of agricultural land may cease for six months or more in the normal course of farming. If the legal nonconforming use status of a property used for agriculture is lost due to its inactivity for six months, the property owner may apply for a conditional use permit, pursuant to § 5-6-9 of this chapter, seeking to continue the use of the property for agriculture as a legal nonconforming use.

         (b)   Findings. Prior to granting a conditional use permit to continue a legal nonconforming agricultural use within the city, the Planning Commission must make the findings required in § 5-6-9(I)3. of this chapter. The Planning Commission must also find that:

            (1)   The applicant has provided substantial evidence to establish that the subject property described in the permit application was used for agricultural purposes, as a legal nonconforming use, within the two years preceding the application date; and

            (2)   The granting of a conditional use permit to allow agricultural use of the land described in the permit application will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity.

      4.   Failure to comply with all applicable parking, loading and street improvement requirements for the use shall make that use nonconforming.

   (D)   Nonconforming structures. Where a lawful structure exists at the effective date of adoption or amendment of this section that could not be built under the terms of this section by reason of restriction on area, lot coverage, height, yards, parking and loading, street improvements, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions.

      1.   No such structure may be enlarged or altered in any way unless such enlargement or alteration brings the structure into conformity with the regulations for the district in which the structure is located.

      2.   Should such structure be destroyed by any means to an extent of more than 50% of its replacement cost at time of destruction, the city shall allow the residential property owner to rebuild one time. If the property is destroyed again, the property owner must receive written authorization from the City Council if it is going to be rebuilt.

      3.   Should such structure be moved for any reason for any distance, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

   (E)   Nonconforming uses of structures or of structures and premises in combination. If a lawful use of a structure, or of a structure and premises in combination, exists at the effective date of adoption or amendment of this section that would not be allowed in the district under the terms of this section, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions.

      1.   No existing structure devoted to a use not permitted by this section in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure in which it is located.

      2.   A nonconforming use may be extended throughout any part of a building (whether or not such part was obviously arranged or designed for such nonconforming use at the time of the amendment of this section) provided a use permit is first secured for the entire nonconforming use. In no event shall such nonconforming use be extended to occupy any land outside such building.

      3.   If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to any nonconforming use provided that the Planning Commission, by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Planning Commission may require appropriate conditions and safeguards in accordance with the provisions of this section.

      4.   Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.

      5.   When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six consecutive months or for 18 months during any three-year period, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.

      6.   Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

      7.   Failure to comply with all applicable parking, loading and street improvement requirements for the use shall make that use nonconforming.

   (F)   Repairs and maintenance/cost limitations. On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent the cost of such repairs do not exceed 25% of the appraised fair market value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this section shall not be increased.

   (G)   Exclusions.

      1.   Any health related repairs, such as removal of lead based paint, asbestos or mold; repairs necessary for fire safety and other safety features; repairs recommended by the city building inspector as necessary to correct building code violations; and, repairs necessary to accommodate special needs circumstances for the elderly or handicapped, such as shower fixtures, ramps, security screen doors, additional exterior lighting and the like shall be excluded from pertaining to the cost limitations of this section. Such exclusions shall be at the discretion of the city.

      2.   If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located, unless the cost of the repairs required to be made within the time period specified by the duly authorized official will not exceed the cost limitation in subsection (F) of this section and unless no structural alterations are required to be made to the building.

   (H)   Use permits. A use permit shall be required for all nonconforming expansion projects in any commercial and/or residential district. Property owners of nonconforming structures applying for low interest housing rehabilitation loans, such as the community development block grant (CDBG), shall be subject to the use permit process for discretionary review of their expansion projects. See § 5-6-9, Use Permits, Temporary and Conditional, of this chapter.

   (I)   Appeal hearing:. If the property owner is dissatisfied with the decision taken by any duly authorized official pursuant to the subsections (A) through (H) of this section, he or she must file a written appeal within ten days of the decision of the duly authorized official to the City Council. The City Council shall set a date for a public hearing and give notice to the duly authorized official of such appeal. The City Council shall render its decision within 30 days of said public hearing.

   (J)   Judicial review. The time to appeal a decision of the City Council pursuant to this section shall be governed by the provisions of Cal. Code of Civil Procedure § 1094.6 as currently enacted.

(Ord. 590, passed 7-5-2011)

   Notwithstanding any provision of this title to the contrary:

   (A)   At the time of the filing of a complete and proper application with the Planning Commission, the Secretary of the Planning Commission, or the city planner for any permit, variance, amendment to this title, or rezoning, the Secretary of the Planning Commission shall determine if a public hearing is necessary and, if such a hearing is necessary, shall set the hearing in the manner prescribed by law for regularly scheduled meetings; and

   (B)   1.   At the time of the filing of a complete and proper appeal with the City Council or the City Clerk appealing a decision of the Planning Commission, or at any time that a public hearing by the City Council is required by law, the City Clerk shall set a public hearing in the manner prescribed by law.

      2.   Where a report or recommendation by the Planning Commission or any city employee is required by this title to be considered by the City Council during the public hearing, the City Clerk shall not set the public hearing until the report or recommendation is filed with the City Clerk unless the City Council directs the City Clerk to set the hearing before receiving the report or recommendation in order to expedite the setting of the hearing.

(Ord. 553, passed 8-16-2005)

   (A)   Intent. The purpose of site plan and design review is to permit the city to evaluate site plans and designs of new and existing structures to assure compatibility, harmony in appearance in neighborhoods, reduction of negative impacts of nonaesthetic development and orderly development of the community. Approval of site plan may be conditioned upon the construction of curbs, gutters and/or sidewalks on the subject property.

   (B)   Application for site plan and design review.

      1.   Site plan and design review shall apply to all DTC, C-1, C-2, C-3, M-1 and M-2 Districts, as well as all new development in R-2 and R-3 Districts.

      2.   Applications for new developments shall be made on a form prescribed by the city, together with copies of such site plans and sets of architectural drawings, if applicable. Site plans shall be drawn to a scale that shall indicate the full dimensions, topographic features and information necessary for the Council to make an evaluation of the request. Architectural drawings shall be of such scale and contain such information as to permit the Council to make a full evaluation of the outside appearance, color, texture of materials and appurtenances necessary for the development of the structure.

      3.   Scale drawings of all signs, which will be included within the subject property, shall also be submitted concurrently with the site plan and architectural plans of any proposed project.

   (C)   Project description. Site plans shall identify:

      1.   All potentially reflective exterior building materials, location of the materials in relation to the position of the sun, and to the location of motorists and other persons within sight of the project;

      2.   The type of activities to be performed, what hours they will be performed, where on the property they will be performed, and what types of shielding/screening will be employed;

      3.   Each exterior light source according to type, location, wattage, height, direction of lighting patterns, type of shielding, when in use, and whether the light is steady or pulsating. An outline of directly illuminated areas, including points of overlap between lighting patterns, all streets within the lighting system, and all adjacent property lines must be submitted for a lighting plan; and

      4.   Conditions requiring additional review to determine whether mitigation measures are necessary:

         (a)   Any light source that directly illuminates adjacent properties;

         (b)   Additional indirect illumination of adjacent properties in excess of one and one-half foot-candles;

         (c)   For pedestrian lighting systems, a point of overlap between light patterns greater than seven feet; and

         (d)   Intensity of lighting within the physical limits of an area required to be lighted that is greater than seven foot-candles.

   (D)   Design requirements.

      1.   The provision for benches, telephones and shaded areas at major transit destinations shall be determined based upon necessity with city approval during a site plan review procedure.

      2.   The height and scale of new commercial and industrial development should be compatible with that of surrounding buildings where an established pattern or character is apparent. New development shall provide a transition from the height of adjacent structures to the maximum height of new development.

      3.   All roof equipment shall be screened from a horizontal line of sight. Ground or interior mounted mechanical equipment with appropriate screening is encouraged as an alternative to roof mounting.

      4.   Entries shall be protected from the elements and shall create a focus or sense of entry for the building. Use of wall recesses, roof overhangs, canopies, arches, signs and similar architectural features shall be integral elements of the building’s design.

      5.   Buildings, landscaping, parking and other development features shall be arranged in a manner that is compatible with the size, scale and appearance of nearby development.

      6.   Site planning shall emphasize a strong relationship to the adjoining street(s) and encourage pedestrian circulation and access. Pedestrian access shall be separate from vehicular access, where feasible.

      7.   Site plans shall provide safe and well defined pedestrian connections from buildings to parking areas, from buildings to the adjoining street(s), and among buildings on the same site. Pedestrian connections between commercial development and surrounding residential neighborhoods should also be provided.

      8.   Buildings, sidewalks and parking lots shall be located to minimize conflicts between pedestrian and vehicular circulation on a site.

      9.   On site circulation shall be designed to provide safe and efficient access for delivery vehicles, visitors and employees, and pedestrians.

      10.   Loading and trash facilities shall be located where they may be adequately screened from view, generally at the rear of the structures, away from the street.

      11.   Long expanses of fence shall be offset and architecturally designed to prevent monotony. Landscaped pockets and limited openings are encouraged.

      12.   Where industrial development abuts nonindustrial uses, appropriate buffering techniques shall be employed such as setbacks or screening landscaping.

      13.   Site design for new industrial development shall consider the following:

         (a)   Controlled site access;

         (b)   Service, storage and loading areas located at the rear or side of buildings;

         (c)   Screened storage and outdoor work areas and equipment;

         (d)   Landscaping, signage and other features that emphasize the main entrance; and

         (e)   Landscaping provided for all areas not developed for parking, storage or buildings.

      14.   Compliance with other applicable provisions of the city’s design guide.

   (E)   Undesirable design elements to be avoided.

      1.   Large, blank, flat wall surfaces;

      2.   Exposed, untreated precision block walls;

      3.   Chainlink fence and barbed wire;

      4.   False fronts;

      5.   “Stuck on” mansard roofs;

      6.   Materials requiring high maintenance (such as stained wood, shingles or light gauge metal siding);

      7.   Mirror window glazing;

      8.   Loading doors facing the street; and

      9.   Exposed roof drains.

   (F)   Design review process. The Planning Commission shall be the recommending body, with the City Council as the approving body of the design review process. Upon submission of drawings and applications for review, the Planning Commission and City Council shall meet and render a written report recommending approval, approval with conditions, or denial. The City Council shall make final approval.

   (G)   Judicial review. The time to appeal a decision of the City Council pursuant to this section shall be governed by the provisions of Cal. Code of Civil Procedure § 1094.6 as currently enacted.

   (H)   Occupancy permits. Before a building may be occupied, the building official shall certify that the site or structure has been developed in conformity with the plans and conditions approved herein.

(Ord. 553, passed 8-16-2005)

   Specific plans may be utilized for development areas requiring specific goals. Any specific plan shall be subject to the requirements of Cal. Gov’t Code §§ 65452 to 65457, and shall be processed in the same fashion as an amendment to the general plan. In no instance shall a specific plan be utilized for an area less than five acres.

(Ord. 553, passed 8-16-2005)

   (A)   Purpose and intent. Use permits are used primarily to review the location, site development or conduct of certain land uses that generally have a distinct impact on the area in which they are located, and/or are capable of creating special problems for bordering properties unless given special attention. Conditional use permits may be granted by the Planning Commission, and temporary use permits by the Planning Director under the conditions of this section.

   (B)   Temporary use permits. Temporary use permits provide for the short term use of property and structures that are consistent with the purpose and objectives of this title. The Planning Director or his or her designee may process temporary use permits as an administrative review. Following a decision by the Director, an administrative agreement shall be prepared that outlines the findings and conditions of the temporary use permit. The Director shall approve, or approve with conditions, an application for a temporary use permit after finding all of the following:

      1.   That egress and ingress and off-street parking facilities are properly designed and adequate to serve the use;

      2.   That the site is adequate in size and location and has the proper accessibility to accommodate the use;

      3.   That there are adequate public services, including fire protection, water supply, wastewater disposal and police protection to serve the use;

      4.   That upon termination of the use the site shall be restored to its original condition. All materials and equipment associated with the temporary use shall be removed;

      5.   Those reasonable time limits shall be established for the use, not to exceed 30 days;

      6.   That the applicants for a temporary use permit shall have all applicable licenses and permits, including fire permits; and

      7.   That the signage for use be approved by the Planning Department.

   (C)   Application for temporary use permits. An application for a temporary use permit shall be made to the Planning Department on a form prescribed by the Department. The application shall be accompanied by a fee set by resolution of the City Council.

   (D)   Temporary use permits; appeal of decision of Planning Director. A decision involving a temporary use permit may be appealed to the Planning Commission. An appeal shall be completed by filing a letter with the City Clerk within ten days of the Planning Director’s determination.

   (E)   Definition of temporary uses and activities. See § 5-2-6 of this title.

   (F)   Conditional use permits. 

      1.   Use permits that are revocable, conditional or valid for a term may be issued for any of the uses or purposes for which such permits are required or permitted by the terms of this section. Because of their unusual characteristics, conditional uses require special consideration so that they may be located and developed properly with respect to the intent and purpose of this title and to their effect on surrounding properties. Conditional use permits require a determination of findings and conditions by the Planning Commission.

      2.   The Planning Commission may designate such conditions in connection with conditional and revocable use permits as it deems necessary to carry out the purpose of this title, and may require tangible guarantees or evidence that such renditions are being or will be complied with. These conditions may include, but not be limited to:

         (a)   Dedication of right-of-way, setback, curbs, gutters and sidewalks;

         (b)   Improvement of vehicle access to the subject property to city standards;

         (c)   Regulation of height, number of stories;

         (d)   Regulation of the placement of the use or building of the subject property;

         (e)   Regulation of the nature, hours of operation, extent of use;

         (f)   Regulation of lighted community sports facilities for extended hours of use;

         (g)   Regulation as to transferability of the use; and

         (h)   Regulation of landscaping for the protection of adjoining and nearby properties.

   (G)   Recycling locations. Use of parking lots for the establishment of recycling locations as mandated by the California Beverage Container Recycling Litter Reduction Act, being Cal. Public Resources Code, Division 12.1, California Beverage Container Recycling and Little Reduction Act, §§ 14500 et seq., shall not require a conditional use permit.

   (H)   Application for conditional use permits. Application for conditional use permits shall be made to the Planning Department in writing on a form prescribed by the city and shall be accompanied by an established fee or deposit and copies of plans and elevations showing in detail the proposed use or building. At least one public hearing shall be held on an application to the Planning Commission, notice of which shall be given by one publication in an official newspaper of general circulation in the county at least ten days prior to such hearing and by posting notice on the property involved at least ten days prior to such hearing.

   (I)   Criteria. In considering an application for conditional use permits, the following criteria shall be as follows.

      1.   A conditional use permit shall not be granted for the use unreasonably incompatible with permitted uses in the area considering damage and nuisance from light sources, noise, smoke, odor, dust or vibration, hazard resulting from unusual volume or character of traffic, or congestion of a large number of persons or vehicles.

      2.   A conditional use permit must be considered in relationship to its effect on the general plan for the area in which it is to be located. The conditional use applied for must be in conformance with the general plan land use map and policies.

      3.   Findings required for approval shall include:

         (a)   The site for the proposed use is adequate in size and shape to accommodate said use and all yards, spaces, walls and fences, parking, loading, landscaping and other features required by the applicable zoning district;

         (b)   The site for the proposed use is served by streets and highways adequate to carry the quantity and kind of traffic generated by the proposed use;

         (c)   Public facilities are currently adequate to serve the proposed use or improvements are included in an approved capital improvement plan or otherwise will be complete prior to the issuance of building permits; and

         (d)   The proposed development is consistent with the general plan. If granted, it should be made subject to those conditions necessary to preserve the general welfare, not the individual welfare, of any particular applicant.

   (J)   Appeal hearing. The applicant, or any interested party, may appeal a decision of the Planning Commission to grant or deny a conditional use permit application. An interested party is anyone who, in person or through a representative, presented testimony at a public hearing in connection with the decision being appealed, or who otherwise informed the city in writing of the nature of their concerns prior to the hearing. The appeal must be filed with the City Council within ten days of the Planning Commission’s determination. The City Council shall set a date for the public hearing and give notice to the Planning Commission of such appeal; whereas the Planning Commission shall submit a report to the City Council, setting forth the reasons for action taken by the Commission prior to the appeal hearing. The City Council shall render its decision within 30 days of said public hearing.

   (K)   Reapplication. In the event of a denial of a conditional use permit, reapplication on the same or substantially the same exception to this title on the same or substantially the same site shall not be filed within one year from the date of denial.

   (L)   Judicial review. The time to appeal a decision of the City Council pursuant to this section shall be governed by the provisions of Cal. Code of Civil Procedure § 1094.6 as currently enacted.

(Ord. 553, passed 8-16-2005; Ord. 592, passed 8-2-2011; Ord. 619, passed 6-17-2014)

   (A)   Intent. Variances from the terms of this title shall be granted only when unreasonable and unnecessary hardships or results, inconsistent with the general purpose of this title, result because of special circumstances applicable to the property including size, shape, topography, location or surroundings or the strict and literal interpretation and enforcement of the provisions thereof. The Planning Commission shall have the authority to grant variances from the provisions of this title as may be in harmony with its purpose and intent. The sole purpose of any variance shall be to prevent discrimination and undue hardship, and no variance shall be granted which would grant a special privilege not shared by other property in the same vicinity.

   (B)   Criteria. Before a variance is granted, it shall be shown that:

      1.   There are exceptional and extraordinary circumstances or conditions applying to the land, building and/or use referred to in the application which do not generally apply to other land, buildings and/or uses in the same district;

      2.   Granting of such variance will not adversely affect the general plan of the city;

      3.   Such variance is necessary for the preservation and enjoyment of the substantial property right possessed by other property in the same vicinity and district denied to the property in question; and

      4.   The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity.

   (C)   Application for variance.

      1.   Application for the variance shall be submitted to the Planning Department and accompanied by an established fee or deposit and copies of plans.

      2.   At least one public hearing shall be held before the Planning Commission for a variance, notice of which shall be given by one publication in an official newspaper of general circulation in the county at least ten days prior to such hearing.

      3.   If the Planning Commission, following the said public hearing, finds that the qualifications under this section apply to the land, building or use for which a variance is sought and that such variance is in harmony with the general purpose of this title, it shall grant, by resolution, such variance. In granting any variance, the Planning Commission may impose such conditions deemed necessary to carry out the intent and purpose of this title, and require such guarantees and evidence that such conditions will be complied with.

   (D)   Appeal hearing. The applicant, or any interested party, may appeal a decision of the Planning Commission to grant or deny a zoning variance application. An interested party is anyone who, in person or through a representative, presented testimony at a public hearing in connection with the decision being appealed, or who otherwise informed the city in writing of the nature of their concerns prior to the hearing. The appeal must be filed with the City Council within ten days of the Planning Commission’s determination. The City Council shall set a date for the public hearing and give notice to the Planning Commission of such appeal; whereas the Planning Commission shall submit a report to the City Council, setting forth the reasons for action taken by the Commission prior to the appeal hearing. The City Council shall render its decision within 30 days of said public hearing.

   (E)   Reapplication. In the event of a denial of a variance, reapplication on the same or substantially the same exception to this title on the same or substantially the same site shall not be filed within one year from the date of denial.

   (F)   Judicial review. The time to appeal a decision of the City Council pursuant to this section shall be governed by the provisions of Cal. Code of Civil Procedure § 1094.6 as currently enacted.

(Ord. 553, passed 8-16-2005; Ord. 592, passed 8-2-2011)

   (A)   General provisions. The following general provisions shall apply to all PD Overlay Districts, pursuant to an approved PD permit.

      1.   No PD Overlay District shall be established on any parcel of less than one acre.

      2.   The PD Overlay District shall be in compliance with the general plan.

      3.   Each PD Overlay District shall be numbered, the first adopted being shown on the zoning map as “PD (1)” and each district subsequently adopted being numbered consecutively.

      4.   Development of a PD Overlay District may proceed by phases. Such phases shall be reasonable and logical in size, shape and function, and in relationship to other development units within the overlay district. A separate project plan and/or development plan shall be required for each phase of a development not included in the original project plan and/or development plan application.

      5.   All land in a proposed PD Overlay District shall be held in one ownership, or under unified control, or have the written consent or agreement of all owners of property proposed for inclusion in the development.

      6.   The city may initiate a PD Overlay District where, in the opinion of the city, the establishment of such district is in the best interest of the city.

      7.   The Director of Planning may authorize the review of the project plan (§ 5-6-11-1 of this chapter) and development plan (§ 5-6-11-2 of this chapter) simultaneously.

      8.   Nothing in this section shall be construed to relieve an applicant from compliance with subdivision regulations, building code requirements or any other applicable regulations of the city.

      9.   Any substantive change to an approved project plan or development plan shall be submitted to the Planning Commission and City Council for approval prior to said change going into effect.

   (B)   Property development standards. The following property development standards shall apply to all land and buildings in a PD Overlay District.

      1.   Lot areas. No provision for individual land uses; however, the total lot area of the PD Overlay District shall not be less than one acre.

      2.   Lot coverage. In the area covered by the development plan (see § 5-6-11-2 of this chapter), exclusive of all dedicated public rights-of-way, the maximum lot coverage shall be as approved by the City Council.

      3.   Lot dimensions. All lot dimensions shall be as approved by the City Council.

      4.   Setback requirements. All setback requirements shall be as approved by the City Council.

      5.   Distance between buildings. No provisions, except that all buildings shall be shaped, designed and organized to allow adequate access of persons, light and air as approved by the City Council.

      6.   Building heights. As approved by the Planning Commission or City Council.

      7.   Landscaping.

         (a)   All private yards and open space facing or adjacent to a public or private roadway shall be landscaped and an underground irrigation system shall be installed prior to occupancy of any unit or building. Such landscape plan and irrigation system is subject to approval by the Director of Public Works.

         (b)   All common open space not utilized for off-street parking shall be landscaped.

         (c)   All landscaping and street tree planting shall include a permanent underground irrigation system. The Director of Public Works shall approve plans, showing finished grades for the entire project, prior to the issuance of any building permit.

      8.   Open space requirements.

         (a)   Common open space. The minimum common open space requirements, to be provided in proximity to residential units when the PD includes residential development, shall be as follows:

            (1)   Single-family units. Thirty five percent of the gross designated low density residential area;

            (2)   Two-family units. Thirty percent of the gross designated medium density residential area;

            (3)   Three- to nine-family units (high density). Twenty five percent of the gross designated high density residential area;

            (4)   Ten or more units (high density). Twenty percent of the gross designated high density residential area; and

            (5)   Commercial/industrial buildings. As approved by the City Council.

         (b)   Private open space. For all ground level dwelling units, a minimum of 300 square feet of private open space per unit shall be provided with each unit.

      9.   Recreational facilities. Recreational facilities shall be as approved by the City Council.

      10.   Off-street parking and loading requirements.

         (a)   Off-street parking and loading requirements and standards for all uses shall be the same as the requirements specified for the same or similar uses in § 5-4-5 of this title.

         (b)   The Planning Commission may approve amendments when an applicant can demonstrate that a lower parking standard is appropriate.

      11.   Access.

         (a)   Vehicular access. There shall be vehicular access from a dedicated street or alley to off-street parking facilities on property requiring off-street parking.

         (b)   Pedestrian access. There shall be pedestrian access from a private or dedicated street to property used for residential purposes. A driveway shall be considered pedestrian access.

         (c)   Bicycle parking and facilities. Bicycle parking and paths should be included as part of each planned development.

      12.   Signing. Sign restrictions for all uses shall be the same as those specified for the same or similar uses in Title 4, Chapter 2 of this code.

      13.   Laundry and clothes drying areas, facilities. For all multi-family residential uses, there shall be provided on the subject lot adequate (as determined by the City Council) laundry and clothes drying areas and facilities, which shall not be visible from adjacent, adjoining or public property.

      14.   Solid waste storage, disposal facilities. For all uses, no open storage of solid waste allowed.

         (a)   For all residential uses, each dwelling unit shall have a minimum of ten cubic feet of enclosed and concealed trash containers.

         (b)   All other uses determined by the City Council to need solid waste storage and/or disposal facilities shall provide such facilities sufficiently concealed from public view.

      15.   Park land or in lieu fees. Park dedication or in lieu fees shall be required of all new residential uses in the PD Overlay District, subject to credit for any public open space provided.

      16.   Security. All multi-family residential complexes shall provide security lighting as approved by the City Planning and Police Departments. All multiple-family residential complexes greater than 50 units shall submit a security plan for review and approval by the City Planning and Police Departments.

      17.   Recreational vehicles and trailers.

         (a)   Parking or storage of recreational vehicles, motor homes, boats or other similar recreational equipment and trailers within the front yards of interior lots and the front and exterior side yards of corner lots, including the driveways of said lots, shall be prohibited.

         (b)   The placement of said recreational equipment, when stored in a permitted side or rear yard shall be screened from adjacent properties.

(Ord. 553, passed 8-16-2005)

   (A)   An application for a PD Overlay District shall be accompanied by a project plan (maps and explanatory test) for the entire area and such other material as specified herein. A project plan is intended to provide initial details on a proposed PD, including conceptual development plans, in order to enact a PD overlay zone. A project plan need not be prepared when the city initiates the PD Overlay District.

   (B)   An application for a project plan for a PD Overlay District may be initiated by the property owner of record, an authorized agent or by the city in accordance with the procedures set forth in this code. A filing fee or deposit as established by the City Council for a PD Overlay District project plan shall accompany an application.

      1.   Project plan requirements. The project plan shall, when required, set forth the following:

         (a)   Location and boundaries for the area proposed for the PD Overlay District;

         (b)   Present and approximate proposed topography of the area including natural features that are to be retained (i.e., stands of trees, rock outcroppings, streams, canals and the like);

         (c)   General categories of all proposed land uses including (but not limited to) residential, commercial and professional centers, public buildings, school sites, recreational facilities and all common open spaces. Individual building sizes shall be indicated;

         (d)   Proposed densities of all areas indicated for residential development;

         (e)   Proposed property development standards as applicable under § 5-6-11(B) of this chapter;

         (f)   The location and width of all public and private streets and easements;

         (g)   General site data, including acreage, in total development, total acreage in each density and land use classification, public facilities, school sites and total acreage devoted to common open space, parking areas and the like; and

         (h)   General architectural details of proposed buildings.

   (B)   Review and processing project plans. The project plan shall be subject to review by the Planning Department and subsequent adjudication by the Planning Commission and City Council as follows.

      1.   The Planning Commission shall hold a public hearing on such application and may recommend to the City Council to approve or conditionally approve the project plan if it finds the criteria set forth herein has been satisfied.

      2.   The Planning Commission may recommend denying the project plan if it finds that any of the criteria has not been satisfied or that the project plan would be detrimental to the health, safety, convenience or welfare of the public.

      3.   The decision and findings of the Planning Commission shall be forwarded along with the project plan to the City Council. The City Council shall hold a public hearing and either approve, conditionally approve or deny the project plan. The decision of the City Council shall be final.

      4.   Public hearing procedures shall be governed by § 5-6-6 of this chapter.

      5.   The applicant shall be responsible for all costs associated with the review of the project plan by the city engineer.

      6.   Any modification to an approved project plan may be approved only when, in the opinion of the Planning Director, such modification is deemed minor in nature.

   (C)   Required findings of fact. The Planning Commission, after a public hearing, may recommend the establishment of a PD Overlay District, and the City Council, after a public hearing, may by ordinance establish a PD Overlay District; provided, they find that the facts submitted with the project plan application and presented at the public hearings confirm:

      1.   That each individual unit of the development if built in stages, as well as the total development, can exist as an independent unit capable of creating a good environment in the locality and being in any stage as desirable and stable as the total development;

      2.   That the uses proposed will not be a detriment to the present and proposed surrounding land uses, but will enhance the desirability of the area and have a beneficial effect;

      3.   That any deviation from the standard ordinance requirements is warranted by the unusual design and additional amenities incorporated in the development plan which offer certain redeeming features to compensate for any deviations that may be permitted; and

      4.   That the principles incorporated in the proposed project plan identify unique characteristics that could not otherwise be achieved under the other zoning districts.

(Ord. 553, passed 8-16-2005)

   (A)   Application. In order to carry out an approved project plan, or where a project plan was not required, a development plan application shall be filed with the Planning Department. An application for a development plan shall be processed in the same manner as a project plan. The applicant shall be responsible for all costs associated with the review of the development plan. Since a project plan is not required when the project is proposed for a PD Overlay District established by the city, a development plan shall be judged upon its merits in accordance with the intent of the PD Overlay District.

   (B)   Scope of plan. A development plan may cover all or a portion of the area included in the PD Overlay District. No building permit shall be issued for any new building or structure unless a development plan has been approved as specified herein. The Director of Planning may modify an approved development plan only when such modification is deemed minor in nature.

   (C)   Development plan requirements. The development plan shall set forth the following and shall be presented in the form as may be required by the Director of Planning, and shall be substantially in conformance with an approved project plan:

      1.   The exact boundaries and legal description of the property to be developed;

      2.   The placement of all front, side and rear yards, including type of structures;

      3.   The type, size and location of all fences, hedges and walls;

      4.   All proposed improvements that are to be constructed on the land and their specific locations including, but not limited to, all residential and nonresidential structures, recreational facilities and typical plans showing walls, fences, trash areas, streets and walk areas;

      5.   Common open space showing size, general grades and function upon completion, where appropriate. A full site grading plan shall also be submitted;

      6.   The location and dimension of all off-street parking facilities, public and private;

      7.   Location and size of all public and quasi-public sites, if applicable (i.e., schools, churches, parks and the like);

      8.   A tabulation of the percentage of total building coverage (enclosed structures) of the development for each land use classification;

      9.   A tabulation of densities within each project area or sector;

      10.   Building elevations to be constructed (see subsection (D) of this section);

      11.   A schematic landscaping plan indicating the type and size of plant material to be used and the method of providing permanent maintenance to all planted areas and open space. This shall include a street tree planting plan in accordance with § 6-10-27 of this code;

      12.   Plans for installation of necessary utilities, including roadways, electrical, gas and cable television lines, storm drainage, water and wastewater. Where necessary to facilitate the development plan, off site improvements shall be noted;

      13.   If applicable, a subdivision map showing land divisions. The tentative and final subdivision map shall comply with the State Subdivision Map Act (Cal. Gov’t Code § 66410 et seq.) and Title 6 of this code with the exception that any permit issued in conjunction with a tentative subdivision map shall expire no sooner than the approved tentative map, or any extension thereof; and

      14.   An anticipated development schedule from groundbreaking to occupancy.

   (D)   Design guidelines. The City Council shall have the approval authority of the architectural style and design of the development within the PD Overlay District. The following design guidelines are established for all PD Overlay Districts.

      1.   The overall plan shall achieve a harmonious and integrated relationship between the land, buildings and uses.

      2.   Private and common open space, pedestrian and vehicular circulation facilities, parking facilities and other pertinent amenities when proposed by the applicant or required by the city shall be an integral part of the landscape and particular attention shall be given to the retention of natural landscape features of the site.

      3.   The layout of structures and other facilities which effect a conservation in street and utility improvements in relationship to other economic and environmental concerns shall be encouraged.

      4.   Recreational areas (active and passive) when proposed by the applicant or required by the city shall be generally dispersed throughout the development and shall be easily accessible from all residential units within a PD Overlay District. Recreational facilities shall be as approved by the Planning Commission.

      5.   Architectural variety, as well as the establishment of compatible architectural styles and environmental harmony within the development, shall be attained.

      6.   Fencing, walls and screening shall be incorporated into the design of the project when proposed by the applicant or required by the city.

      7.   All roof mounted heating and air conditioning and other mechanical equipment must be screened with solid material for a minimum line of sight of 20 feet.

      8.   Design plans shall be consistent with the city’s adopted design guide.

(Ord. 553, passed 8-16-2005)

   The purpose of this § 5-6-12 is to provide a procedure for individuals with disabilities to request reasonable accommodation in seeking equal access to housing under the federal Fair Housing Act of 1968, being 42 U.S.C. §§ 3601 et seq., and the California Fair Employment and Housing Act, being Cal. Gov’t Code §§ 12900 through 12996, (hereafter “Acts”) in the application of zoning laws and other land use regulations, policies and procedures.

(Ord. 627, passed 4-5-2016)

   (A)   1.   A request for reasonable accommodation may be made by any person with a disability or his or her representative, when the application of a requirement of this zoning code or other city requirement, policy, or practice acts as a barrier to fair housing opportunities.

      2.   For the purposes of this § 5-6-12, a PERSON WITH A DISABILITY is:

         (a)   Any person who has a physical or mental impairment that substantially limits one or more major life activities;

         (b)   Anyone who is regarded as having such impairment; or

         (c)   Anyone who has a record of such impairment.

      3.   This § 5-6-12 is intended to apply to those persons who are defined as disabled under the acts.

   (B)   A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development 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.

   (C)   A reasonable accommodation may be granted in compliance with this § 5-6-12 without the need for the approval of a variance.

   (D)   REASONABLE ACCOMMODATION as used in this § 5-6-12 means providing a person with a disability or a developer of housing for people with disabilities, flexibility in the application of land use and zoning and building regulations, policies, practices and procedures, or waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities.

   (E)   1.   Notice of the availability of reasonable accommodation shall be prominently displayed at the public information counter in the Planning and Building Departments, advising the public of the availability of the procedure for eligible individuals.

      2.   Forms for requesting reasonable accommodation shall be available to the public in the Planning and Building Departments.

(Ord. 627, passed 4-5-2016)

   (A)   A request for reasonable accommodation shall be submitted on an application form provided by the Community Development Department or in the form of a letter to the Director of the Community Development Department, and shall contain the following information:

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

      2.   Address of the property for which the request is being made;

      3.   The current use of the property;

      4.   A brief description of the disability or impairment that requires reasonable accommodation;

      5.   The zoning code provision, regulation or policy from which reasonable accommodation is being requested;

      6.   Why the reasonable accommodation is necessary to eliminate barriers to housing opportunities; and

      7.   Any information submitted as part of a reasonable accommodations application shall be kept confidential and shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

   (B)   If the project for which the request for reasonable accommodation is being made requires some other discretionary approval (including use permit, design review and the like), then the applicant shall file the information required by subsection (A) of this section for concurrent review with the application for discretionary approval.

   (C)   1.   A request for reasonable accommodation shall be reviewed by the Director of the Community Development Department or his or her designee, if no approval is sought other than the request for reasonable accommodation.

      2.   The Director or his or her designee shall make a written determination within 25 days of the application being deemed complete and either grant, grant with modifications, or deny a request for reasonable accommodation.

   (D)   A request for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the Planning Commission. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the Planning Commission in compliance with the applicable review procedure for the discretionary review.

(Ord. 627, passed 4-5-2016)

   The written decision to grant or deny a request for reasonable accommodation will be consistent with the acts and shall be based on consideration of the following factors:

   (A)   Whether the housing in the request will be used by a person with a disability under the acts;

   (B)   Whether the request for reasonable accommodation is necessary to make specific housing available to a person with a disability under the acts;

   (C)   Whether the requested reasonable accommodation would impose an undue financial, administrative or enforcement burden on the city;

   (D)   Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, including, but not limited to, land use and zoning;

   (E)   Potential impact on surrounding uses; and

   (F)   Physical attributes of the property and structures.

(Ord. 627, passed 4-5-2016)

   In granting a request for reasonable accommodation, the Director of the Community Development Department or his or her designee, or the Planning Commission as the case might be, may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings. The conditions shall also state whether the accommodation granted shall be removed in the event that the person for whom the accommodation was requested no longer resides on the site.

(Ord. 627, passed 4-5-2016)

   (A)   Any person dissatisfied with any action of the Director of the Community Development Department pertaining to this § 5-6-12 may appeal to the Planning Commission within ten days after written notice of the Director’s decision is sent to the applicant. The appeal is taken by filing a written notice of appeal with the Director of the Community Development Department and shall specify the reasons for the appeal and the grounds asserted for relief.

   (B)   Any person dissatisfied with any action of the Planning Commission pertaining to this section may appeal to the City Council within ten days after the rendition of the decision of the Planning Commission. The appeal is taken by filing a written notice of appeal with the director of the Community Development Department and shall specify the reasons for the appeal and the grounds asserted for relief.

   (C)   The City Council shall, by resolution, adopt and from time to time amend a fee for the filing of appeals. Such fee shall be for the sole purpose of defraying costs incurred for the administration of appeals. The fee for an appeal shall be paid at the time of and with the filing of an appeal. No appeal shall be deemed valid unless the prescribed fee has been paid.

   (D)   If an appeal is not filed within the time or in the manner prescribed in this section, the right to review the action against which the complaint is made shall be deemed to have been waived.

   (E)   After filing an appeal, the appropriate hearing body shall conduct a public hearing for the purpose of determining whether the appeal should be granted. Written notice of the time, date and place of hearing shall be given to the appellant, and to any other persons who have filed a written request for notice. Such notices shall be mailed to the appellant and the applicant at least ten days prior to the hearing.

   (F)   The Planning Commission or City Council shall review de novo the entire proceeding or proceedings relating to the decision, and may make any order it deems just and equitable, including the approval of the application. Any hearing may be continued from time to time.

   (G)   At the conclusion of the hearing, the hearing body shall prepare a written decision which either grants or denies the appeal and contains findings of fact and conclusions. The written decision, including a copy thereof shall be provided to the appellant and the project applicant.

(Ord. 627, passed 4-5-2016)