The purpose of this chapter is to identify the bodies, officials, and administrators with designated responsibilities under various chapters of the zoning ordinance. Subsequent chapters provide detailed information on procedures, applications, and permits. When carrying out their assigned duties and responsibilities, all bodies, administrators, and officials shall interpret and apply the provisions of this title as minimum requirements adopted to implement the policies and achieve the objectives of the general plan.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

The powers and duties of the city council under this title include, but are not limited to the following:

A.

Consider and adopt, reject or modify amendments to the general plan map and text pursuant to the provisions of Chapter 17.38, Amendments to General Plan, and of the Government Code, following a public hearing and recommended action by the planning commission.

B.

Consider and adopt amendments to the zoning map and to the text of this title pursuant to the provisions of Chapter 17.39, Amendments to Zoning Ordinance and Map, and the Government Code, following a public hearing and recommended action by the planning commission.

C.

Adopt guidelines for design review pursuant to Chapter 17.34, Design Review.

D.

Hear and decide applications for development agreements, pursuant to Chapter 17.40, Development Agreements.

E.

Hear and decide appeals from decisions of the planning commission pursuant to Section 17.31.110, Appeals.

F.

Call for review a decision of the director, zoning administrator, or planning commission pursuant to Section 17.31.100, Calls for Review.

G.

Appoint and remove members of the planning commission as provided for in Title 2, Administration and Personnel, of the Newark Municipal Code.

H.

Establish, by resolution, a municipal fee schedule listing fees, charges, and deposits for various applications and services provided, pursuant to this title.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

The planning commission is established and organized pursuant to Chapter 2.12, Planning Commission, of the Newark Municipal Code and the requirements of the Government Code. The powers and duties of the planning commission under this title include, but are not limited to the following:

A.

Conduct hearings and make recommendations to the city council on proposed amendments to the general plan map and text, pursuant to Chapter 17.38, Amendments to General Plan.

B.

Conduct hearings, and make recommendations to the city council on proposed amendments to the zoning map and to the text of this title, pursuant to Chapter 17.39, Amendments to Zoning Ordinance and Map.

C.

Approve, conditionally approve, modify, or deny conditional use permits and variances, pursuant to Chapter 17.35, Use Permits, and Chapter 17.36, Variances.

D.

Hear and decide on modifications to approved conditional use permits and variances, pursuant to Section 17.31.140, Modification of Approved Plans.

E.

Hear and decide proposals to revoke permits, pursuant to Section 17.31.150, Revocation of Permits, following a public hearing.

F.

Hear and decide appeals from decisions of the community development director or the zoning administrator on decisions, determinations, or interpretations made in the enforcement of this title and any other decisions that are subject to appeal, pursuant to Section 17.31.110, Appeals.

G.

Call for review a decision of the director or zoning administrator pursuant to Section 17.31.100, Calls for Review.

H.

Make environmental determinations on any approvals it grants that are subject to environmental review under the California Environmental Quality Act pursuant to State law.

I.

Prepare and recommend to the city council for adoption guidelines for conducting design review, pursuant to Chapter 17.34, Design Review.

J.

Conduct design review on any approvals it grants that are subject to design review pursuant to Chapter 17.34, Design Review.

K.

Such other duties and powers as assigned or directed by the city council.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

The following powers and duties of the community development director (the "director") under this title include, but are not limited to the following:

A.

Maintain and administer the zoning ordinance, including processing of applications, abatements and other enforcement actions.

B.

Interpret the zoning ordinance to members of the public and to other city departments.

C.

Prepare and effect rules and procedures necessary or convenient for the conduct of the director's business. These rules and procedures shall be as approved by a resolution of the city council following review and recommendation of the planning commission. They may include the administrative details of hearings officiated by the director (e.g., scheduling, rules of procedure and recordkeeping).

D.

Issue administrative regulations for the submission and review of applications subject to the requirements of this title and Government Code Section 65950, Deadlines for Project Approval Conformance; Extensions.

E.

Review applications for permits and licenses for conformance with this title and issue a zoning clearance when the proposed use, activity or building is allowed by right and conforms to all applicable development and use standards.

F.

Review applications for discretionary permits and approvals under this title for conformance with applicable submission requirements and time limits.

G.

Review applications for discretionary permits and approvals to determine whether the application is exempt from review under the California Environmental Quality Act and notify the applicant if any additional information is necessary to conduct the review.

H.

Process and make recommendations to the city council on all applications, amendments, appeals and other matters upon which the council has the authority and the duty to act under this title.

I.

Process and make recommendations to the planning commission on all applications, appeals and other matters upon which the commission has the authority and the duty to act under this title.

J.

Conduct design review pursuant to Chapter 17.34, Design Review.

K.

Approve, conditionally approve, modify or deny applications for minor use permits, pursuant to Chapter 17.35, Use Permits.

L.

Refer items to the planning commission where, in his/her opinion, the public interest would be better served by a planning commission public hearing and action.

M.

Negotiate the components and provisions of development agreements for recommendation to the city council.

N.

Serve as staff of the planning commission.

O.

Investigate and make reports to the planning commission on violations of permit terms and conditions when the city has initiated revocation procedures.

P.

Delegate administrative functions to members of the planning division as deemed necessary.

Q.

Serve as or appoint a zoning administrator pursuant to Section 17.30.050, Zoning Administrator.

R.

Other duties and powers as may be assigned by the city council or established by legislation.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

The zoning administrator is a city staff member appointed by the director with the following powers and duties.

A.

Approve, conditionally approve, modify or deny requests for waivers to dimensional requirements, pursuant to Chapter 17.37, Waivers.

B.

Decide requests for minor modifications to approved permits, pursuant to Section 17.31.140, Modification of Approved Plans.

C.

Refer items to the planning commission where, in his/her opinion, the public interest would be better served by a planning commission public hearing and action.

D.

Other duties and powers as may be assigned by the director.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

This chapter establishes procedures that are common to the application and processing of all permits and approvals provided for in this title, unless superseded by specific requirement of this title or state law.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Applicant. The owner of property or the owner's authorized agent. If the application is made by someone other than the owner or the owner's agent, proof, satisfactory to the director, of the right to use and possess the property as applied for, shall accompany the application.

B.

Application Forms and Materials.

1.

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

2.

Supporting Materials. The director may require the submission of supporting materials as part of the application, including but not limited to statements, photographs, plans, drawings, renderings, models, material samples and other items necessary to describe existing conditions and the proposed project and to determine the level of environmental review pursuant to the California Environmental Quality Act (CEQA).

3.

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

C.

Application Fees.

1.

Schedule of Fees. The city council shall approve by resolution a master fee schedule that establishes fees for permits, informational materials, penalties, copying, and other such items.

2.

Payment of Fees. No application shall be accepted as complete and processed without payment of a fee unless a fee waiver has been approved.

3.

Multiple Applications. The city's processing fees are cumulative. For example, if an application for design review also includes a conditional use permit, both fees shall be charged.

4.

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

5.

Refund of Fees. Application fees are refundable at the discretion of the director with good cause unless otherwise provided for in the Newark Municipal Code or by policy of the city council.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Pre-application review is an optional review process that is intended to provide information on relevant policies, zoning regulations, and procedures. This review is intended for large or complex projects and projects that are potentially controversial.

A.

Exemption from Permit Streamlining Act. Pre-application review is not subject to the requirements of the California Permit Streamlining Act (the Act). An application that is accepted for pre-application review shall not be considered complete pursuant to the requirements of the act unless and until the director has received an application for approval of a development project, reviewed it, and determined it to be complete under Section 17.31.030, Review of Applications.

B.

Review Procedure. The planning division shall conduct pre-application review. The director may consult with or request review by any city agency or official with interest in the application.

C.

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

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Review Process. The director shall determine whether an application is complete within 30 days of the date the application is filed with the required fee.

B.

Incomplete Application. If an application is incomplete, the director shall provide written notification to the applicant listing the applications for permit(s), forms, information, and any additional fees that are necessary to complete the application.

1.

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

2.

Appeal of Determination. Determinations of incompleteness are subject to the provisions of Section 17.31.110, Appeals, except there shall be a final written determination on the appeal no later than sixty days after receipt of the appeal. The fact that an appeal is permitted to both the planning commission and the city council does not extend the sixty-day period.

3.

Submittal of Additional Information. The applicant shall provide the additional information within the time limit specified by the director, which shall be no sooner than thirty days. The director may grant one extension of up to ninety days.

4.

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

C.

Complete Application. When an application is determined to be complete, the director shall make a record of that date. If an application requires a public hearing, the director shall schedule it and notify the applicant of the date and time.

D.

Extensions. The director may, upon written request and for good cause, grant extensions of any time limit for review of applications imposed by this title.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

All projects shall be reviewed for compliance or exemption with the California Environmental Quality Act (CEQA). Environmental review will be conducted pursuant to Title 14 of the California Code of Regulations (CEQA Guidelines). If Title 14 of the California Code is amended, such amendments will govern city procedures.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Unless otherwise specified, whenever the provisions of this title require public notice, the city shall provide notice in compliance with state law as follows:

A.

Mailed Notice. At least ten days before the date of the public hearing or fifteen days before the date of action when no public hearing is required, the director, or the city clerk for hearings before the city council, shall provide notice by first class mail delivery to:

1.

The applicant, the owner, and any occupant of the subject property;

2.

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

3.

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

4.

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

B.

Posted Notice. The applicant shall post a notice, in a format approved by the planning division, in a prominent place on the site for the ten days prior to a public hearing.

C.

Newspaper Notice. At least ten days before the date of the public hearing or the date of action when no public hearing is required, the director or the city clerk for hearings before the city council, shall publish a notice in at least one newspaper of general circulation in the city.

D.

Alternative Method for Large Mailings. If the number of owners to whom notice would be mailed or delivered is greater than one thousand, instead of mailed notice, the director or city clerk may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation in the city at least ten days prior to the hearing.

E.

Contents of Notice. The notice shall include the following information:

1.

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

2.

A general description of the proposed project or action;

3.

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

4.

The identity of the hearing body or officer;

5.

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

6.

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

7.

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

8.

A statement describing how to submit written comments; and

9.

For council hearings, the planning commission recommendation.

F.

Failure to Notify Individual Properties. The validity of the proceedings shall not be affected by the failure of any property owner, resident or neighborhood or community organization to receive a mailed notice.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Whenever the provisions of this title require a public hearing, the hearing shall be conducted in compliance with the requirements of state law as follows:

A.

Generally. Hearings shall be conducted pursuant to procedures adopted by the hearing body. They do not have to be conducted according to technical rules relating to evidence and witnesses.

B.

Scheduling. Hearings before the city council shall be scheduled by the city clerk. All other hearings shall be scheduled by the director.

C.

Presentation. An applicant or an applicant's representative may make a presentation of a proposed project.

D.

Public Hearing Testimony. Any person may appear at a public hearing and submit oral or written evidence, either individually or as a representative of a person or an organization. Each person who appears at a public hearing representing an organization shall identify the organization being represented.

E.

Time Limits. The presiding officer may establish time limits for individual testimony and require that individuals with shared concerns select one or more spokespersons to present testimony on behalf of those individuals.

F.

Continuance of Public Hearing. The body conducting the public hearing may by motion continue the public hearing to a fixed date, time and place or may continue the item to an undetermined date and provide notice of the continued hearing.

G.

Investigations. The body conducting the hearing may cause such investigations to be made as it deems necessary and in the public interest in any matter to be heard by it. Such investigation may be made by a committee of one or more members of the hearing body or by city staff. The facts established by such investigation shall be submitted to the hearing body either in writing, to be filed with the records of the matter, or in testimony before the hearing body, and may be considered by the body in making its decision.

H.

Decision. The public hearing shall be closed before a vote is taken.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

When making a decision to approve, approve with conditions, modify, revoke or deny any discretionary permit under this title, the responsible authority shall issue a notice of action and make findings of fact as required by this title.

A.

Date of Action. The responsible authority shall decide to approve, modify, revoke, or deny any discretionary permit following the close of the public hearing, or if no public hearing is required, within the time period set forth below. These deadlines do not apply to any action that has been appealed to the city council in accordance with Section 17.31.110, Appeals. Time extensions may be granted pursuant to Section 17.31.130, Expiration and Extension.

1.

Project Exempt from Environmental Review. Within thirty days of the date the city has determined an application to be complete, a determination must be made whether the project is exempt from environmental review per state CEQA requirements.

2.

Project for which a negative declaration or mitigated negative declaration is prepared. Within sixty days of the date a negative declaration or mitigated negative declaration has been completed and adopted for project approval, the city shall take action on the accompanying discretionary project.

3.

Project for which an EIR is Prepared. Within one hundred eighty days from the date the decision-making authority certifies a final EIR, the city shall take action on the accompanying discretionary project.

B.

Notice of Action. After the zoning administrator, director or planning commission takes any action to approve, modify, or deny an application that is subject to appeal under the terms of this title, the director shall issue a notice of action. The notice shall describe the action taken, including any applicable conditions, shall list the findings that were the basis for the decision, and shall include the procedure for appealing the decision. The director shall file the notice with the city clerk and mail the notice to the applicant, to the members of the city council and the planning commission, and to any other person or entity that has filed a written request for such notification with the planning division.

C.

Findings. Findings, when required by state law or this title, shall be based upon consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record and shall be stated in writing in the resolution or record of the action on the permit.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Scope. Any approval permits only those uses and activities actually proposed in the application, and excludes other uses and activities. Unless otherwise specified, the approval of a new use shall terminate all rights and approvals for previous uses no longer occupying the same site or location.

B.

Conditions of Approval. The site plan, floor plans, building elevations and/or any additional information or representations, whether oral or written, indicating the proposed structure or manner of operation submitted with an application or submitted during the approval process shall be deemed conditions of approval. Any approval may be subject to requirements that the applicant guarantees, warranties or ensures compliance with permit's plans and conditions in all respects.

C.

Actions Voiding Approval. If the construction of a building or structure or the use established is contrary to the description or illustration in the application, so as to either violate any provision of this title or require additional permits, then the approval shall be deemed null and void.

D.

Periodic Review. All approvals may be subject to periodic review to determine compliance with the permit and applicable conditions. If a condition specifies that activities or uses allowed under the permit are subject to periodic reporting, monitoring or assessments, it shall be the responsibility of the permit holder, the property owner or successor property owners to comply with such conditions.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Applicability. Notice of decision by the director or zoning administrator shall be communicated to the planning commission and city council members immediately after approval. Notice shall be made to each member individually and any calls for review shall be made as follows:

1.

A member of the planning commission may call for review of a decision of the director or zoning administrator.

2.

A member of the city council may call for review of a decision of the director, zoning administrator, or planning commission.

3.

If a decision is called for review by both the planning commission and the city council, the city council shall conduct the review.

4.

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

B.

Time Limits. All calls for review shall be received within fourteen calendar days of the date which the decision was communicated to the planning commission and city council. In the event the fourteen-calendar day period ends on a Saturday, Sunday, or any other day the city is closed, the time period shall end at the close of business on the next consecutive business day.

C.

Procedure.

1.

Design Review and Other Ministerial Actions. Where the call for review regards a design review or other ministerial action, the call for review shall be scheduled as a staff report item at the next available meeting of the body which called for review.

2.

Use Permits and Other Discretionary Actions. Where the call for review regards a use permit or other discretionary action, the call for review shall be processed in the same manner as an appeal by any other person.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Applicability. Any action by the zoning administrator, director, or planning commission in the administration or enforcement of the provisions of this title may be appealed in accordance with this section.

1.

Appeals of Zoning Administrator Decisions. Decisions of the zoning administrator may be appealed to the planning commission by filing a written appeal with the planning division.

2.

Appeals of Director Decisions. Decisions of the director may be appealed to the planning commission by filing a written appeal with the planning division.

3.

Appeals of Planning Commission Decisions. Decisions of the planning commission may be appealed to the city council by filing a written appeal with the city clerk.

B.

Rights of Appeal. Appeals may be filed by the applicant, by the owner of property, or by any other person aggrieved by a decision that is subject to appeal under the provisions of this title.

C.

Time Limits. Unless otherwise specified in state or federal law, all appeals shall be filed in writing within fourteen calendar days of the date which the action was taken. In the event an appeal period ends on a Saturday, Sunday, or any other day the city is closed, the appeal period shall end at the close of business on the next consecutive business day.

D.

Procedures.

1.

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

2.

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

3.

Transmission of Record. The director, or in the case of appeals to the city council, city clerk, shall schedule the appeal for consideration by the authorized hearing body within forty-five days of the date the appeal is filed. The director shall forward the appeal, the notice of action, and all other documents that constitute the record to the hearing body. The director shall also prepare a staff report that responds to the issues raised by the appeal and may include a recommendation for action.

E.

Standards of Review. When reviewing any decision on appeal, the appeal body shall use the same standards for decision-making required for the original decision. The appeal body may adopt the same decision and findings as were originally approved; it also may request or require changes to the application as a condition of approval.

F.

Public Notice and Hearing. Public notice shall be provided and the hearing conducted by the applicable appeal body pursuant to chapter 17.31, Common Procedures. Notice of the hearing shall also be given to the applicant and party filing the appeal and any other interested person who has filed with the city clerk a written request for such notice. In the case of an appeal of a planning commission decision, notice of such appeal shall also be given to the planning commission. The planning commission may be represented at the hearing.

G.

Action. An action to grant an appeal shall require a majority vote of the hearing body members. A tie vote shall have the effect of rejecting the appeal.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A final decision on an application for any approval subject to appeal shall become effective after the expiration of the fourteen-calendar day appeal period following the date of action, unless an appeal is filed pursuant to Section 17.31.110, Appeals, or a member of the planning commission or city council call for review of a decision pursuant to Section 17.31.100, Calls for Review. No building permit or business license shall be issued until the 15th calendar day following the date of the action. If a different termination date is fixed at the time of granting, or if actual construction or alteration has begun under valid building permits, the fourteen-calendar day period may be waived.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Expiration. The decision-maker, in the granting of any permit, may specify a time, consistent with the purposes of the use and necessary to safeguard the public safety, health and welfare, within which the proposed use must be undertaken and actively and continuously pursued. If no time period is specified, any permit granted under this title shall automatically expire if it is not exercised or extended within two years of its approval.

B.

Exercise of Use Permit. A permit for the use of a building or a property is exercised when, if required, a valid city business license has been issued, and the permitted use has commenced on the site.

C.

Exercise of Building Permit. A permit for the construction of a building or structure is exercised when a valid city building permit, if required, is issued, and construction has lawfully commenced.

D.

Extensions. The Zoning Administrator may approve a two-year extension of any permit or approval granted under this title upon receipt of a written application with the required fee within two years of the date of the approval.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

No change in the use or structure for which a permit or other approval has been issued is permitted unless the permit is modified as provided for in this title. For the purpose of this section, the modification of a permit may include modification of a design review approval.

A.

Minor Modifications. The zoning administrator may approve minor changes to approved plans that are consistent with the original findings and conditions approved by the hearing body and would not intensify any potentially detrimental effects of the project.

B.

Major Modifications. A request for changes in conditions of approval of a discretionary permit or a change in an approved site plan or building plan that would affect a condition of approval shall be treated as a new application, except that the zoning administrator may approve changes determined to be minor.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Any permit granted under this title may be revoked or modified for cause if any of the conditions or terms of the permit are violated or if any law or ordinance is violated. Notwithstanding this provision, no lawful residential use can lapse regardless of the length of time of the vacancy.

A.

Initiation of Proceeding. Revocation proceedings may be initiated by the city council, planning commission, director, or zoning administrator.

B.

Public Notice, Hearings and Action. After conducting a duly-noticed public hearing, the planning commission shall act on the proposed revocation.

C.

Required Findings. The planning commission may revoke or modify the permit if it makes any of the following findings:

1.

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

2.

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

3.

The use in question has ceased to exist or has been suspended for six months or more;

4.

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

5.

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

D.

Notice of Action. Following planning commission action to revoke or modify a permit, the director shall within seven days issue a notice of action describing the commission's action, with its findings. The director shall mail notice to the permit holder and to any person who requested the revocation proceeding.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Requests for interpretations of this title and verifications relating to prior approvals or permits may be made to the director. Requests shall be in writing. The decision of the director on such requests may be appealed under Section 17.31.110, Appeals.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

This chapter establishes procedures for conducting a zoning clearance to verify that each new or expanded use, activity, or structure complies with all of the applicable requirements of this title.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A zoning clearance is required for buildings or structures erected, constructed, altered, repaired or moved, the use of vacant land, changes in the character of the use of land or building, or for substantial expansions in the use of land or building, which are allowed as a matter of right by this title.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Before the city may issue any building permit, subdivision approval, or lot line adjustment, the director shall review the application to determine whether the use, building, or change in lot configuration complies with all provisions of this title or any design review, use permit or variance approval and that all conditions of such permits and approvals have been satisfied.

A.

Application. Applications and fees for a zoning clearance shall be submitted in accordance with the provisions set forth in Section 17.31.020, Application Forms and Fees. The director may request that the zoning clearance application be accompanied by a written narrative, plans and other related materials necessary to show that the proposed development, alteration, or use of the site complies with all provisions of this title and the requirements and conditions of any applicable design review, use permit, or variance approval.

B.

Determination. If the director determines that the proposed use or building is allowed as a matter of right by this title, and conforms to all the applicable development and use standards, the director shall issue a zoning clearance. An approved zoning clearance may include attachments of other written or graphic information, including but not limited to, statements, numeric data, site plans, floor plans and building elevations and sections, as a record of the proposal's conformity with the applicable regulations of this title.

C.

Exceptions. No zoning clearance shall be required for the continuation of previously approved or permitted uses and structures, or uses and structures that are not subject to any building or zoning regulations.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

This chapter establishes procedures for issuing a certificate of occupancy to verify that buildings and the proposed use of land complies with all applicable building and health laws and ordinances and with the requirements of this title.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

No structure erected, moved, altered or enlarged after the effective date of this title shall be occupied or used, and no site shall be occupied or used until a certificate of occupancy has been issued by the building official.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Application for a certificate of occupancy shall be filed with the building official prior to the erection, moving, alteration or enlargement of any structure and prior to the commencement of a new use or a change in use of any structure or site.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

The building official shall issue a certificate of occupancy upon receipt of written notice that the structure or site is ready for occupancy or use and after inspection; provided, that the structure or site and the intended use conform with all applicable building and health laws and ordinances and with the requirements of this title.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

This chapter establishes the design review procedure to ensure that new development supports the goals and objectives of the general plan and other adopted plans and guidelines. The specific purposes of the design review process are to:

A.

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

B.

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

C.

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

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Design review is required for all projects that require a permit for new construction, reconstruction, rehabilitation, alteration, or other improvements to the exterior of a structure, site, or a parking area except for:

A.

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

B.

Replacement of exterior materials, including openings, with the same materials.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Planning Commission. The planning commission shall have design review authority for all projects requiring planning commission approval (such as conditional use permits and variances).

B.

Director.

1.

The director shall have design review authority for all projects that do not meet the criteria listed in Subsection A for a decision by the planning commission.

2.

The director may refer items directly to the planning commission when in his/her opinion the public interest would be better served by having the planning commission conduct design review.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Forms and Fees. Written applications for design review applications shall be submitted to the planning division in compliance with the application procedures in Chapter 17.31, Common Procedures.

B.

Design Guidelines. All projects shall be consistent with applicable design guidelines. Design guidelines provide recommendations to be used in the design review process. They are intended to promote high-quality design, well-crafted and maintained buildings and landscaping, the use of high-quality building materials, and attention to the design and execution of building details and amenities in both public and private projects.

C.

Concurrent Processing. When a development project requires a use permit, variance, or any other discretionary approval, the design review application shall be submitted to the planning division as a part of the application for the underlying permit, use permit, or variance.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Design Review Considerations. Design review shall be based on consideration of the requirements of this chapter as they apply to the design of the site plan, structures, landscaping, and other physical features of a proposed project, including:

1.

Building proportions, massing, and architectural details;

2.

Site design, orientation, location, and architectural design of buildings relative to existing structures on or adjacent to the property, topography, and other physical features of the natural and built environment;

3.

Size, location, design, development, and arrangement of on-site parking and other paved areas;

4.

Exterior materials and, except in the case of design review of a single-family residence, color as they relate to each other, to the overall appearance of the project, and to surrounding development;

5.

Height, materials, design, fences, walls, and screen plantings;

6.

Location and type of landscaping including selection and size of plant materials, and design of hardscape; and

7.

Size, location, design, color, lighting, and materials of all signs.

B.

Reduction in Density or Floor Area Ratio Prohibited. Design review shall not result in a reduction in the residential density or the allowable square footage of a proposed project.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

When conducting design review, the review authority shall evaluate applications to ensure that they satisfy the following criteria, conform to the policies of the general plan and any applicable specific plan, any adopted design guidelines, and are consistent with any other policies or guidelines the city council may adopt for this purpose. To obtain design review approval, projects must satisfy the following criteria to the extent they apply.

A.

The overall design of the project including its scale, massing, site plan, exterior design, and landscaping will enhance the appearance and features of the project site and surrounding natural and built environment.

B.

The project design is appropriate to the function of the project and will provide an attractive and comfortable environment for occupants, visitors, and the general community.

C.

Project details, materials, signage and landscaping, are internally consistent, fully integrated with one another, and used in a manner that is visually consistent with the proposed architectural design.

D.

The design of streetscapes, including street trees, lighting, and pedestrian furniture, is consistent with the intended character of the area.

E.

Parking areas are designed and developed to buffer surrounding land uses; compliment pedestrian-oriented development; enhance the environmental quality of the site, including minimizing stormwater run-off and the heat-island effect; and achieve a safe, efficient, and harmonious development.

F.

Lighting and lighting fixtures are designed to complement buildings, be of appropriate scale, provide adequate light over walkways and parking areas to create a sense of pedestrian safety, and avoid creating glare.

G.

Landscaping is designed to be compatible with and enhance the architectural character and features of the buildings on site, and help relate the building to the surrounding landscape.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Notice of Action.

1.

Design Review by the Director. Where design review is conducted by the director, notice of action shall be provided pursuant to Subsection 17.31.080.B, Notice of Action. In addition to the recipients identified in Subsection 17.31.080.B, Notice of Action, Notice shall also be provided as follows:

a.

Single-Unit Residential Development. First class mail delivery to all property owners within a minimum two hundred-foot radius of the subject property as shown on the latest available assessment role.

b.

Development Other Than Single-Unit Residential Development. First Class mail delivery to all property owners within a minimum four hundred-foot radius of the subject property as shown on the latest available assessment role.

2.

Design Review by the Planning Commission. Where design review is conducted by the planning commission, notice of action of design review shall be provided concurrently with the associated project approval (such as the conditional use permit or variance).

B.

Appeals. Design review decisions are subject to the appeal provisions of Section 17.31.110, Appeals.

C.

Expiration, Extensions and Modifications. Design review approval is effective and may only be extended or modified as provided for in Chapter 17.31, Common Procedures.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

The use permit review and approval process is intended to apply to uses that are generally consistent with the purposes of the zoning district where they are proposed but require special consideration to ensure that they can be designed, located, and operated in a manner that will not interfere with the use and enjoyment of surrounding properties.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Approval of a use permit is required for uses or developments specifically identified in Article II, Base and Overlay Districts, and/or any other section of this title which requires a use permit.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Conditional Use Permits. The planning commission shall approve, conditionally approve, or deny applications for conditional use permits based on consideration of the requirements of this chapter.

B.

Minor Use Permits. The zoning administrator shall approve, conditionally approve, or deny applications for minor use permits based on consideration of the requirements of this chapter. The zoning administrator may, at his/her discretion, refer any application for a minor use permit for a project that may generate substantial public controversy or involve significant land use policy decisions to the planning commission for a decision rather than acting on it himself/herself. In that case, the application shall be processed as a conditional use permit.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Applications for use permits shall be filed with the planning division on the prescribed application forms. In addition to any other application requirements, the application for a use permit shall include data or other evidence in support of the applicable findings required by Section 17.35.060, Required Findings, below.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Conditional Use Permits. All applications for conditional use permits shall require public notice and hearing before the planning commission pursuant to Chapter 17.31, Common Procedures.

B.

Minor Use Permits. Minor use permit applications do not require public notice or hearing.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

The decision-maker must make all of the following findings in order to approve or conditionally approve a use permit application. The inability to make one or more of the findings is grounds for denial of an application.

A.

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

B.

The proposed use is consistent with the general plan and any applicable specific plan;

C.

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

D.

Tax revenue generated by the development will exceed the city's cost of the service demand as a result of the development or a compelling community benefit will be provided.

E.

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

F.

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

G.

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

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

In approving a use permit, the decision-maker may impose reasonable conditions or restrictions deemed necessary to:

A.

Ensure that the proposal conforms in all significant respects with the general plan and with any other applicable plans or policies adopted by the city council;

B.

Achieve the general purposes of this title or the specific purpose of the zoning district in which the project is located;

C.

Generate tax revenue in an amount that exceeds the city's cost of service demand as a result of the development or provide a compelling community benefit.

D.

Achieve the findings for a use permit listed in Section 17.35.060, Required Findings, above; or

E.

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

The decision-maker may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Notice of Action. Notice of action shall be provided pursuant to Subsection 17.31.080.B, Notice of Action.

B.

Appeals. A decision of the zoning administrator may be appealed to the planning commission and a decision of the planning commission may be appealed to the city council, as provided in Section 17.31.110, Appeals.

C.

Expiration, Extensions and Modifications. Use permits are effective and may only be extended or modified as provided for in Chapter 17.31, Common Procedures.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

This chapter is intended to provide a mechanism for relief from the strict application of this title where this will deprive the property owner of privileges enjoyed by similar properties because of the subject property's unique and special conditions.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Variances may be granted to vary or modify dimensional and performance standards, but variances may not be granted to allow uses or activities that this title does not authorize for a specific lot or site.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Review Authority. The planning commission shall approve, conditionally approve, or deny applications for variances based on consideration of the requirements of this chapter.

B.

Application Requirements. Applications for a variance shall be filed with the planning division on the prescribed application forms in accordance with the procedures in Chapter 17.31, Common Procedures. In addition to any other application requirements, the application for a variance shall include data or other evidence showing that the requested cariance conforms to the required findings set forth in Section 17.36.040, Required Findings.

C.

Public Notice and Hearing. An application for a variance shall require public notice and hearing before the planning commission pursuant to Chapter 17.31, Common Procedures.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

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

A.

There are exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to property in the vicinity and identical zoning district, and that the granting of a variance will not constitute a granting of a special privilege inconsistent with the limitations on the property in the vicinity and identical zone district;

B.

The granting of the application is necessary to prevent a physical hardship which is not of the applicant's own actions or the actions of a predecessor in interest;

C.

The granting of the application will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare or convenience; and

D.

The granting of the variance will be consistent with the general purposes and objectives of this title, any applicable specific plans, and of the general plan.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

In approving a variance, the planning commission may impose reasonable conditions deemed necessary to ensure compliance with the findings required in Section 17.36.040, Required Findings, above and may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Notice of Action. Notice of action shall be provided pursuant to Subsection 17.31.080.B, Notice of Action.

B.

Appeals. The applicant or any other aggrieved party may appeal a decision on a variance pursuant to the provisions of Section 17.31.110, Appeals.

C.

Expiration, Extensions and Modifications. Variances are effective and may only be extended or modified as provided for in Chapter 17.31, Common Procedures.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

The purpose of this chapter is to establish an alternate means of granting relief from the requirements of this title when so doing would be consistent with the purposes of the title and it is not possible or practical to approve a variance. It also allows the director to grant waivers when necessary to comply with the Federal Fair Housing Act, the Americans with Disabilities Act, and the California Fair Employment and Housing Act to provide reasonable accommodation to persons with disabilities seeking fair access to housing through a waiver of the application of the city's zoning regulations.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Waivers may be granted as follows:

A.

Dimensional Requirements. Relief from dimensional requirements of property development standards specified in this title, not to exceed ten percent of the requirement, may be granted in accordance with the requirements of this chapter.

B.

Accommodation of Disabilities. A waiver of any zoning regulation where the waiver is necessary to allow improvements to an existing building in order to provide reasonable accommodations to individuals with disabilities. This waiver is not available in the case of new buildings, demolitions and rebuilds, or additions where the proposed construction precludes a reasonable accommodation that would not require a waiver.

C.

Exclusions. Waivers cannot be granted for any of the following standards:

1.

Lot area, width, or depth.

2.

Residential density.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Review Authority. The director shall approve, conditionally approve, or deny applications for waivers based on consideration of the requirements of this chapter.

B.

Concurrent Processing. If a request for a waiver is being submitted in conjunction with an application for another approval, permit, or entitlement under this title, it shall be heard and acted upon at the same time and in the same manner as that application.

C.

Application Requirements. An application for a waiver shall be filed to the director in accordance with Section 17.31.020, Application Forms and Fees. The application shall state in writing the nature of the waiver requested and explain why the findings necessary to grant the waiver are satisfied. The applicant shall also submit plans delineating the requested waiver.

D.

Review of Requests for Reasonable Accommodation to Ensure Access to Housing. The director shall issue a written decision within forty-five days of the date of the application and may grant the reasonable accommodation request, grant with waivers, or deny the request. All written decisions shall give notice of the right to appeal and to request reasonable accommodation in the appeals process.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A decision to grant a waiver shall be based on the following findings:

A.

The waiver is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances, including, but not limited to, topography, noise exposure, irregular property boundaries, or other unusual circumstance.

B.

There are no alternatives to the requested waiver that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the general public.

C.

The granting of the requested waiver would not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or density that would be inconsistent with the requirements of this title.

D.

If the waiver requested is to provide reasonable accommodation pursuant to state or federal law, in addition to any other findings that this chapter requires, the decision-maker must also make the following findings:

1.

That the housing or other property which is the subject of the request for reasonable accommodation will be used by an individual or organization entitled to protection;

2.

If the request for accommodation is to provide fair access to housing, that the request for accommodation is necessary to make specific housing available to an individual protected under state or federal law;

3.

That the conditions imposed, if any, are necessary to further a compelling public interest and represent the least restrictive means of furthering that interest; and

4.

That denial of the requested minor exception or waiver would impose a substantial burden on religious exercise or would conflict with any state or federal statute requiring reasonable accommodation to provide access to housing.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

In approving a waiver, the decision-maker may impose any conditions deemed necessary to:

1.

Ensure that the proposal conforms in all significant respects with the general plan and with any other applicable plans or policies adopted by the city council;

2.

Achieve the general purposes of this title or the specific purposes of the zoning district in which the project is located;

3.

Achieve the findings for a waiver granted; or

4.

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

B.

Waivers approved based on state or federal requirements for reasonable accommodation may be conditioned to provide for rescission or automatic expiration based on a change of occupancy or other relevant change in circumstance.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Notice of Action. Notice of action shall be provided pursuant to Subsection 17.31.080.B, Notice of Action.

B.

Appeals. The applicant or any other aggrieved party may appeal a decision on waiver pursuant to the provisions of Section 17.31.110, Appeals.

C.

Expiration, Extensions, and Revisions. Waivers granted under this chapter are effective and may only be extended or revised as provided for in Chapter 17.31, Common Procedures.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

This chapter establishes procedures for making changes to the general plan as provided for in state law when there are compelling reasons to do so. These circumstances include, but are not limited to, changes in state or federal law and problems and opportunities that were unanticipated at the time of plan adoption or the last amendment.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

The procedures of this chapter apply to all proposals to change the text of the general plan and the diagrams that illustrate the application of its provisions.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

An amendment to the general plan may be initiated by any qualified applicant identified in Section 17.31.020, Application Forms and Fees, or a motion of the city council or planning commission.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Application. A qualified applicant shall submit an application for a general plan amendment on a form prescribed by the planning division accompanied by the required fee. The planning division may require an applicant to submit such additional information and supporting data as considered necessary to process the application.

B.

Coordination with Other Applications. The planning division may allow any necessary applications for amendments to zoning regulations or for approval under the requirements of this zoning ordinance or Title 16, Subdivisions, of the Newark Municipal Code to be processed simultaneously with the proposed general plan amendment.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Staff Report. The director shall prepare a report and recommendation to the planning commission on any application for a general plan amendment. The report shall include, but is not limited to, a discussion of how the proposed amendment complies with the purposes of this chapter, a determination as to whether the proposed amendment will require amendment to other plans that the city council has adopted, and an environmental document prepared in compliance with the California Environmental Quality Act.

B.

Public Hearing Required. All general plan amendments shall be referred to the planning commission, which shall hold at least one public hearing on any proposed amendment.

C.

Public Notice. At least ten days before the date of the public hearing, the planning division shall provide notice consistent with Chapter 17.31, Common Procedures. Notice of the hearing also shall be mailed or delivered at least ten days prior to the hearing to the Newark Unified School District and any other local agency expected to provide essential facilities or services to the property that is the subject of the proposed amendment.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Planning Commission Hearing. The planning commission shall conduct a public hearing in conformance with Chapter 17.31, Common Procedures.

B.

Recommendation to Council. Following the public hearing, the planning commission shall make a recommendation on the proposed general plan amendment to the city council. Such recommendation shall include the reasons for the recommendation, findings related to the supporting the recommendation, and the relationship of the proposed amendment to applicable plans, and shall be transmitted to the city council in the form of a council memo, prepared by planning staff, with a copy of the approved minutes from the planning commission meeting.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

City Council Hearing. After receiving the report from the planning commission, the city council shall hold a duly-noticed public hearing. The notice shall include a summary of the planning commission recommendation. If the planning commission has recommended against the adoption of such amendment, the city council is not required to take any further action unless an interested party files a written request for a hearing with the city clerk within ten days after the planning commission action.

B.

City Council Action. After the conclusion of the hearing, the city council may approve, modify or deny the proposed amendment. If the council proposes any substantial modification not previously considered by the planning commission during its hearings, the proposed modification shall first be referred back to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing. The failure of the planning commission to report within forty days after the referral, shall be deemed a recommendation to approve and the amendment shall be returned to council for adoption.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

This chapter provides procedures by which changes may be made to the text of this zoning ordinance and to the zoning map whenever the public necessity and convenience and the general welfare require such amendment to maintain consistency with the general plan.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

The procedures in this chapter shall apply to all proposals to change the text of this zoning ordinance or to revise a zoning district classification or zoning district boundary line shown on the zoning map.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

An amendment to the text of the zoning ordinance or to the zoning map may be initiated by any qualified applicant identified in Section 17.31.020, Application Forms and Fees, or a motion of the city council or planning commission.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Application. A qualified applicant shall submit an application for a zoning amendment on a form prescribed by the planning division accompanied by the required fee. The planning division may require an applicant to submit such additional information and supporting data as considered necessary to process the application.

B.

Coordination with Other Applications. The planning division may allow any necessary applications for amendments to the general plan or for approval under the requirements of this zoning ordinance or Title 16, Subdivisions, of the Newark Municipal Code to be processed simultaneously with the proposed zoning amendment.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Staff Report. The director shall prepare a report and recommendation to the planning commission on any application for a zoning amendment. The report shall include, but is not limited to, a discussion of how the proposed amendment meets the criteria in Section 17.39.080, Criteria for Zoning Amendments, for approving a zoning amendment and an environmental document prepared in compliance with the California Environmental Quality Act.

B.

Public Hearing Required. All zoning amendments shall be referred to the planning commission, which shall hold at least one public hearing on any proposed amendment.

C.

Public Notice. At least ten days before the date of the public hearing, the planning division shall provide notice consistent with Chapter 17.31, Common Procedures. Notice of the hearing also shall be mailed or delivered at least ten days prior to the hearing to the Newark Unified School District and any other local agency expected to provide essential facilities or services to the property that is the subject of the proposed amendment.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Planning Commission Hearing. The planning commission shall conduct a public hearing in conformance with Chapter 17.31, Common Procedures.

B.

Recommendation to Council. Following the public hearing, the planning commission shall make a recommendation on the proposed zoning amendment to the city council. Such recommendation shall include the reasons for the recommendation, findings related to the criteria for zoning amendments in Section 17.39.080, and the relationship of the proposed ordinance or amendment to applicable general and specific plans, and shall be transmitted to the city council in the form of a council memo, prepared by planning staff, with a copy of the approved minutes from the planning commission meeting.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

City Council Hearing. After receiving the report from the planning commission, the city council shall hold a duly-noticed public hearing. The notice shall include a summary of the planning commission recommendation. If the matter under consideration is a proposal to reclassify a property from one zone to another and the planning commission has recommended against the adoption of such amendment, the city council is not required to take any further action unless an interested party files a written request for a hearing with the city clerk within ten days after the planning commission action.

B.

City Council Action. After the conclusion of the hearing, the city council may approve, modify or deny the proposed amendment. If the council proposes any substantial modification not previously considered by the planning commission during its hearings, the proposed modification shall first be referred back to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing. The failure of the planning commission to report within forty days after the referral, shall be deemed a recommendation to approve and the amendment shall be returned to council for adoption.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

The planning commission shall not recommend and the city council shall not approve a zoning amendment unless the proposed amendment meets the following criteria:

A.

The amendment is consistent with the general plan;

B.

Any change in district boundaries is necessary to achieve the balance of land uses desired by the city, consistent with the general plan, and to increase the inventory of land within a given zoning district; and

C.

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

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

This chapter establishes procedures and requirements for considering and entering into legally binding agreements with applicants for development projects, as provided for in state law. Such agreements provide a greater degree of certainty than the normal permit approval process by granting assurance that an applicant may proceed with development in accord with policies, rules, and regulations in effect at the time of approval subject to conditions to promote the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance and protect the environment are achieved.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A development agreement may be considered for a complex or multi-phase development projects that will require a developer to make a substantial investment at the early stages of the project for planning and engineering for the entire project and for public facilities and services. In order to be considered for a development agreement, a project shall be consistent with the general plan and any applicable specific plan unless the applicant has submitted an application for any necessary amendments to the general plan or specific plan.

A.

Property Subject to Annexation. An applicant whose property is located within the city's sphere of influence, or whose property is the subject of a pending application for inclusion into the sphere of influence, may file an application to enter into a development agreement.

1.

The agreement shall not become operative unless annexation proceedings annexing property to the city are completed within the period of time specified by the agreement.

2.

If the annexation is not completed within the time specified in the agreement or any extension of the agreement, the agreement shall be null and void.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

The director shall negotiate the specific components and provisions of the development agreement on behalf of the city for planning commission review and recommendation to the city council.

B.

The city council shall have the exclusive authority to approve a development agreement.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

An applicant for a development project may request that the city review the application as a development agreement application in accordance with the following procedures. The city incorporates by reference the provisions of Government Code Sections 65864—65869.5. In the event of any conflict between these statutory provisions and this section, this section shall control.

A.

Application Requirements. An applicant shall submit an application for a development agreement on a form prescribed by the director, accompanied by the required fees. The director shall identify submittal requirements for applications for development agreements and may require an applicant to submit such additional information and supporting data as considered necessary to process the application. In addition to any other information that the director requires, each application for a development agreement shall be accompanied by the general terms and conditions of the agreement proposed by the applicant and shall include the contents required in Subsection B below.

B.

Contents of Development Agreements.

1.

Required Contents. A development agreement shall specify its duration; the permitted uses of the subject property; the general location and density or intensity of uses; the general location, maximum height and size of proposed buildings; and provisions for reservation or dedication of land for public purposes. It shall contain provisions concerning its transferability.

2.

Improvements and Fees. A development agreement may include requirements for construction and maintenance of on-site and off-site improvements or payment of fees in lieu of such dedications or improvements.

3.

Conditions. A development agreement may also include conditions, terms, restrictions, and requirements for subsequent discretionary actions, but does not eliminate the applicant's responsibility to obtain all required land use approvals.

4.

Environmental Mitigation. A development agreement may include, without limitation, conditions and restrictions imposed by the city with respect to the project, including those conditions, restrictions and mitigation measures proposed in any final environmental impact report applicable to the project that eliminate or mitigate adverse environmental impacts of the project.

5.

Phasing. 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 thereof be completed within a specified time.

6.

Financing. If the development agreement requires applicant financing of necessary public facilities, it may include terms relating to subsequent reimbursement over time for such financing.

7.

Indemnity. A development agreement may contain an indemnity clause requiring the applicant to indemnify and hold the city harmless against claims arising out of or in any way related to the actions of applicant in connection with the application or the development process, including all legal fees and costs.

8.

Performance Obligation Fees. A development agreement may include provisions to guarantee performance of obligations stated in the agreement.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Planning Commission Hearing. The planning commission shall provide notice and conduct a public hearing in conformance with the provisions of Chapter 17.31, Common Procedures.

B.

Recommendation to City Council. Within thirty days after the public hearing has been closed by the planning commission, it shall render its decision in the form of a written recommendation to the city council. Its report and recommendation, including proposed findings on the matters stated in Section 17.40.060.B, Findings, shall be forwarded to the city council.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

City Council Hearing. Within forty-five days after receipt of the written recommendation of the planning commission, the city clerk shall set the matter for public hearing before the city council. A public hearing shall be held within a reasonable time after receipt of the planning commission recommendation but no later than the time specified by Section 65943 of the Government Code.

B.

Findings. The city council shall not approve a proposed development agreement unless it finds that its provisions are consistent with the general plan and any applicable specific plan. This requirement may be satisfied by a finding that the provisions of a proposed development agreement are consistent with proposed general plan or specific plan provisions to be adopted concurrently with the approval of the proposed development agreement.

C.

Decision. After the city council completes the public hearing, the city council shall approve, modify, or disapprove the development agreement. Approval of a development agreement shall be by ordinance. The ordinance shall refer to and incorporate by reference the text of the development agreement. Matters not previously considered by the planning commission during its hearing may, but need not, be referred back to the planning commission for report and recommendation. The planning commission may, but need not, hold a public hearing on matters referred back to it by the city council.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Within ten days after the ordinance approving the development agreement takes effect, the city manager shall execute the development agreement on behalf of the city, and the city clerk shall record the development agreement with the county recorder.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

The applicant shall be required to demonstrate compliance with the provisions of the development agreement at least once a year at which time the director shall review each approved development agreement.

A.

Finding of Compliance. If the director, on the basis of substantial evidence, finds compliance by the applicant with the provisions of the development agreement no action is required.

B.

Finding of Noncompliance. If the director finds the applicant has not complied with the provisions of the development agreement, the director may issue a finding of noncompliance which may be recorded by the city with the county recorder after it becomes final. The director shall specify in writing to the applicant the respects in which the applicant has failed to comply, and shall set forth terms of compliance and specify a reasonable time for the applicant to meet the terms of compliance. If the applicant does not comply with any terms of compliance within the prescribed time limits, the development agreement shall be subject to termination or modification pursuant to this chapter.

C.

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

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Mutual Agreement. Any development agreement may be canceled or amended by mutual consent of the parties following compliance with the procedures specified in this section.

1.

Director Approval. Any amendment to a development agreement which does not relate to the duration of the agreement, permitted uses of the property, density or intensity of use, timing of development, height or size of proposed buildings, provisions for reservation or dedication of land, or to any conditions, terms, restrictions and requirements relating to subsequent discretionary actions related to design or improvement or construction standards and specifications may be made by the director without noticed public hearing. A development agreement may also specify procedures for additional administrative approval of minor amendments by mutual consent of the applicant and director.

2.

City Council Approval. Except as provided in Paragraph 17.40.090.A.1, Director Approval, the procedure for proposing and adopting an amendment to, or the cancellation in whole or in part, of a development agreement, shall be the same as the procedure for entering into a development agreement in the first instance.

B.

After Finding of Noncompliance. If a finding of noncompliance does not include terms of compliance, or if applicant does not comply with the terms of compliance within the prescribed time limits, the director may refer the development agreement to the city council for termination or modification. The city shall first give written notice to the party executing the agreement of its intention to initiate such proceedings. Such notice shall be given not less than thirty days in advance of public notice of the city council hearing to consider an amendment or cancellation. After the public hearing, the city council may terminate the development agreement, modify the finding of noncompliance, or rescind the finding of noncompliance, and issue a finding of compliance.

C.

Recordation. If the parties to the agreement or their successors in interest amend or cancel the development agreement, or if the city terminates or modifies the development agreement for failure of the applicant to fully comply with the provisions of the development agreement, the city clerk shall record notice of such action with the county recorder.

D.

Rights of the Parties After Cancellation or Termination. In the event that a development agreement is cancelled or terminated, all rights of the applicant, property owner or successors in interest under the development agreement shall terminate. If a development agreement is terminated following a finding of noncompliance, the city may, in its sole discretion, determine to return any and all benefits, including reservations or dedications of land, and payments of fees, received by the city.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Existing Rules and Regulations. Unless otherwise specified in the development agreement, the city's rules, regulations, and official policies governing permitted uses of the property, density and design, and improvement standards and specifications applicable to development of the property shall be those city rules, regulations, and official policies in force on the effective date of the development agreement. The applicant shall not be exempt from otherwise applicable city ordinances or regulations pertaining to persons contracting with the city.

B.

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

C.

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

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

The procedures for enforcement, amendment, modification, cancellation or termination of a development agreement specified in this section and in Government Code Section 65865.4 or any successor statute, are non-exclusive. A development agreement may be enforced, amended, modified, cancelled or terminated by any manner otherwise provided by law or by the provisions of the development agreement.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Any judicial review of the initial approval by the city of a development agreement shall be by writ of mandate pursuant to Section 1085 of the Code of Civil Procedure. Any judicial review of any city action taken pursuant to this chapter, other than the initial approval of a development agreement, shall be by writ of mandate pursuant to Section 1094.5 of the Code of Civil Procedure. The use of the phrase "substantial evidence" in this chapter with respect to the quantum of proof necessary in conjunction with a finding of noncompliance is not intended to limit nor impose a standard of review upon any court pursuant to a proceeding initiated for that purpose.

B.

Any action or proceeding to attack, review, set aside, void or annul any decision of the city taken pursuant to this chapter shall not be maintained by any person unless the action or proceeding is commenced within ninety days after the date of decision.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

This chapter establishes the responsibilities of various departments, officials, and public employees of the city to enforce the requirements of this title and establishes uniform procedures the city will use to identify, abate, remove, and enjoin uses, buildings, or structures that are deemed to be in violation of this title.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

All departments, officials, and public employees of the city vested with the duty or authority to issue permits or licenses shall conform to the provisions of this title, and shall issue no permit or license for uses, buildings or purposes in conflict with the provisions of this title, and any such permit or license issued in conflict with the provisions of this title shall be null and void. It shall be the duty of the building inspector of the city to enforce the provisions of this title pertaining to the erection, construction, reconstruction, moving, conversion, alteration, or addition to or of any building or structure.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Any permit granted under the zoning ordinance may be revoked in accordance with the provisions in Section 17.31.150, Revocation of Permits, if any of the conditions or terms of such permit are violated or if any law or ordinance is violated in connection therewith. Notwithstanding this provision, no lawful residential use can lapse regardless of the length of time of the vacancy.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Any deed of conveyance, sale or contract to sell made contrary to the provision of this title, is voidable at the sole option of the grantee, buyer, or person contracting to purchase, his heirs, personal representative or trustee in insolvency or bankruptcy, within one year after the date of execution of the deed of conveyance, sale or contract to sell but the deed of conveyance, sale or contract to sell is binding upon any assignee or transferee of the grantee, buyer or person contracting to purchase other than those above enumerated, and upon the grantor, vendor or person contracting to sell or his assignee, heir or devisee.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Any building, structure, or planting set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this title, any use of any land, building, or premises established, conducted, operated, or maintained contrary to the provisions of this title, and failure to comply with any of the conditions of a permit granted under this title is declared to be unlawful and a public nuisance.

B.

Any use, event, structure or building, whether nonconforming or otherwise, which meets any of the following criteria shall be deemed a public nuisance subject to abatement as set forth herein: disturbances of the peace, illegal drug activity including sales or possession thereof; public drunkenness, drinking in public, harassment of passers-by, gambling, prostitution, public vandalism, excessive littering, excessive noise (particularly between the hours of 11:00 p.m. and 7:00 a.m.), noxious smells or fumes, curfew violations, lewd conduct or police detention, citations or arrests or any other activity declared by the city to be a public nuisance; violation of any provision of this chapter or any other city, state or federal regulation, ordinance or statute.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Any person, firm, or corporation, whether as principal, agent, employee or otherwise, violating a provision of this title or failing to comply with a mandatory requirement of this title shall be guilty of an infraction. Upon conviction, such person shall be punished as set forth in Chapter 1.16, General Penalty, of the Newark Municipal Code. A person, firm, or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this title is committed, continued or permitted by such person, firm or corporation, and shall be punished accordingly.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

The remedies provided for herein shall be cumulative and not exclusive. Upon a finding of nuisance pursuant to this chapter, and after giving the property owner an opportunity to cure the nuisance and determining that the nuisance still exists, the planning commission or city council may impose any remedy available at law or in equity, which shall include, but is not limited to, any of the following or combination thereof:

A.

Ordering the cessation of the use in whole or in part;

B.

Imposing reasonable conditions upon any continued operation of the use, including those uses that constitute existing nonconforming uses;

C.

Requiring continued compliance with any conditions so imposed;

D.

Requiring the user to guarantee that such conditions shall in all respects be complied with; or

E.

Imposing additional conditions or ordering the cessation of the use in whole or in part upon a failure of the user to comply with any conditions so imposed.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Initiation. Proceedings under this section to terminate, modify or condition (hereinafter abate or if context requires, abatement) any use, structure or building may be initiated by resolution of the planning commission or the city council on its own accord or following recommendation by the director. In either case, the resolution shall identify the use, building, or structure being considered, identify the property involved, set forth the reason or reasons for the proposed abatement, and fix a time and place for a public hearing on the proposed abatement. In the case of proceedings initiated by the council, the resolution shall refer the matter for a public hearing before the commission. A resolution initiating abatement proceedings may be adopted without a public hearing.

B.

Notice. Upon initiation of abatement proceedings, the director shall give notice of a public hearing before the commission pursuant to the provisions in Chapter 17.31, Common Procedures. In addition, within the prescribed time period, the director shall also mail the notice of the hearing to the person or persons whose use, structure or building is the subject of the abatement proceedings, any person who requested initiation of abatement proceedings, and to any other person who has filed a written request with the planning division for such notice.

C.

Public Hearing. The planning commission shall conduct a duly-noticed public hearing and shall provide for testimony by city staff and the owner of the use, structure, or property that is the subject of the proceeding. Any other interested person shall also be given an opportunity to provide testimony.

D.

Action. The planning commission shall consider the staff report and the evidence, testimony, and facts presented at the hearing before taking action. If the commission finds that the use, building, or structure constitutes a nuisance, it may impose any remedy as provided for in this chapter.

E.

Decision and Notice. After the commission takes abatement action to modify a permit, the director shall issue a notice of action describing the commission's action, with its findings. The director shall mail the notice to the permit holder and to any person who has requested such notification by filing a written request with the planning division, and shall file a copy of the notice of action with the city clerk. The clerk shall present said copy to the council at its next regular meeting.

F.

Effective date; Appeal to Council. A decision to abate a nuisance shall become effective immediately after the date of decision unless appealed to the council within fifteen days. If the council finds, after a duly-noticed public hearing, that the use, structure or building constitutes a nuisance, it may impose any remedy provided for in this chapter. If the council finds that the use, structure or building is not a nuisance, it shall reverse the decision of the commission.

G.

City Attorney Action. The city attorney shall, upon order of the city council, or on his or her own motion, immediately commence action or proceedings for the abatement and removal and enjoinment of said public nuisance in the manner prescribed by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure, and restrain and enjoin any person, firm, or corporation from setting up, erecting, building, maintaining, or using any such building contrary to the provisions of this title.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

If compliance is not had with an order of the director or the building official to correct violations of this title within the time specified therein, the city manager may file in the Office of the Alameda County Recorder, a certified statement describing the property and certifying that:

1.

The property and/or structure is in violation of this title; and

2.

The owner has been so notified. The notice shall specifically describe the violations and a proof of service shall also be recorded with the notice and order.

B.

Whenever the corrections ordered have been completed, the director shall file a new certified statement with the county recorder certifying that all required corrections have been made so that the property and/or structure is no longer in violation of this title.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)