A.

Purpose and Applicability. This chapter describes the authority and responsibilities of each review authority (city council, planning commission, development review committee, zoning administrator, and community development director) in the administration of this Title 21, including review and action on permits and other approvals required by this zoning code.

B.

Elevate Review. In compliance with any discretionary approval, each review authority may defer action and refer the request to the next higher review authority for the final decision.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Review Authority on Specified Planning Matters. The city council shall be the review authority for all legislative actions and shall make final decisions as indicated in Table 21.08.070-1 (Review Authority) and as follows, including action on related California Environmental Quality Act (CEQA) environmental documents, following a public hearing and recommended action by the planning commission:

1.

Development Agreements. Consider and adopt, reject, or modify development agreements pursuant to Chapter 21.12 (Development Agreements).

2.

General Plan and Zoning Text/Map Amendments. Consider and adopt, reject, or modify proposed amendments to the general plan (map or text), zoning code, and zoning map pursuant to Chapter 21.10 (Amendments to the General Plan, Zoning Code, and Zoning Map).

3.

Specific Plans and Amendments. Consider and adopt, reject, or modify specific plans or amendments to specific plans (and related master development plans (Section 21.16.030), as applicable) pursuant to Chapter 21.14 (Specific Plans).

4.

Historic Preservation. Consider and adopt, reject, or modify the historic resources inventory and historic preservation districts pursuant to Chapter 21.62 (Historic Preservation).

5.

Historic Certificate of Appropriateness for Landmark Properties. Consider and adopt, reject, or modify applications for proposed alterations to a building, structure, object, or site on a state or federal historic registry, or state historic resources inventory (with a California Historic Resource Status Code of 1-5) pursuant to Chapter 21.62 (Historic Preservation).

6.

Demolition of Historic Resources. Review and approve, conditionally approve, or deny applications for the demolition of historic resources pursuant to Chapter 21.62 (Historic Preservation).

7.

Special Planned Developments. Review and approve, conditionally approve, or deny applications for Special Planned Developments (and related Master Development Plans (Section 21.16.030), as applicable) pursuant to Chapter 21.11 (Special Planned Developments).

8.

Development Plans Including Modifications for Height (Habitable Space). Review and approve, conditionally approve, or deny applications for development plans pursuant to Section 21.16.020 (Development Plan Modifications) that include habitable space above maximum height limits.

9.

Oak Tree Removals. Review and approve, conditionally approve, or deny applications for oak tree removal permits pursuant to Chapter 10.01 (Oak Tree Preservation).

10.

Subdivisions. Review and approve, conditionally approve, or deny applications for final maps pursuant to Title 22 (Subdivisions).

11.

Street Abandonments. Review and approve, conditionally approve, or deny applications for street abandonments, consistent with Streets and Highways Code Sections 8300—8363.

B.

Appeals. The city council shall hear and decide appeals of planning commission decisions pursuant to Chapter 21.25 (Appeals and Calls for Review).

C.

Imposition of Conditions. In making decisions on applications, the city council may impose conditions as necessary to make required findings to implement the general plan, any applicable specific plans, and the Municipal Code standards that apply to development, and to further the public health, safety, and general welfare of the community.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Establishment. The planning commission shall be established as set forth in Chapter 2.20 (Planning Commission) of the Municipal Code.

B.

General Duties and Functions. The planning commission shall perform the duties and have all of the rights, powers, and privileges specified and provided for in the Municipal Code or by state law. The functions of the planning commission, while not inclusive, shall be to formulate and recommend policies and standards for development of land uses and to perform authorized duties related to development review and as indicated in Subsection C. below, and to perform other functions as the city council may direct.

C.

Review Authority on Specified Planning Matters. Except when combined with legislative actions or other specified city council matters, the planning commission shall be the review authority and make final decisions, including action on related California Environmental Quality Act (CEQA) environmental documents, for the quasi-judicial permits and actions as indicated in Table 21.08.070-1 (Review Authority) and this section, following a public hearing in compliance with Chapter 21.26 (Public Hearings and Notice).

1.

Conditional Use Permits. Review and approve, conditionally approve, or deny applications for conditional use permits pursuant to Chapter 21.19 (Conditional Use Permits and Administrative Use Permits).

2.

Master Development Plans. Review and approve, conditionally approve, or deny applications for master development plans not approved concurrently with a specific plan or special planned development pursuant to Section 21.16.030 (Master Development Plans).

3.

Development Plans. Review and approve, conditionally approve, or deny applications for development plans pursuant to Chapter 21.16 (Development Plans).

4.

Development Plan Modifications. Review and approve, conditionally approve, or deny applications for modifications associated with development plans pursuant to Section 21.16.020 (Development Plan Modifications), except those under city council purview per Section 21.16.020(B) (Allowed Modifications by City Council).

5.

Site Plans Subject to CEQA. Review and approve, conditionally approve, or deny applications for a site plan (Chapter 21.17) when a project is not exempt from CEQA.

6.

Historic Certificate of Appropriateness for Local Historic Resources. Consider and adopt, reject, or modify applications for proposed alterations to a building, structure, object, or site listed on the Paso Robles Historic Resources Inventory pursuant to Chapter 21.62 (Historic Preservation).

7.

Variances. Review and approve, conditionally approve, or deny applications for variances pursuant to Chapter 21.22 (Variances).

8.

Subdivisions. Review and approve, conditionally approve, or deny applications for tentative tract maps and tentative parcel maps pursuant to Title 22 (Subdivisions).

9.

Permit Revocation. Hear and decide proposals to revoke land use and development permits pursuant to Section 21.24.050 (Revocations and Suspensions).

10.

Recommendations. Make recommendations to the city council on final legislative decisions including development agreements and amendments, general plan amendments, specific plans and amendments, zoning code amendments, zoning map amendments, related CEQA environmental documents, street abandonments, and other applicable policy or regulatory matters related to the city's planning process.

11.

Annual Review and Legislative Recommendations. Annually review progress towards implementation of the general plan prior to city council review, annually review the capital improvement program of the city for consistencies with the general plan, and from time to time make recommendations to the city council based on any new legislation, development trends, or changing economic, social, and environmental conditions.

D.

Appeals.

1.

The planning commission shall hear and decide appeals of the development review committee, zoning administrator, and director decisions pursuant to Chapter 21.25 (Appeals and Calls for Review).

2.

Decisions by the planning commission may be appealed to the city council in compliance with Chapter 21.25 (Appeals and Calls for Review).

E.

Imposition of Conditions. In making decisions on applications, the planning commission may impose conditions as necessary to make required findings to implement the general plan, any applicable specific plans, the Municipal Code standards that apply to development, and to further the public health, safety, and general welfare of the community.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Establishment. The development review committee shall be established to review the site, architectural, and landscaping design of new development and improvements of development applications, provide applicants with appropriate design comments, and make recommendations to the planning commission to implement the general plan.

B.

Composition. The development review committee shall be composed of three members of the planning commission; the director shall establish a rotating schedule for all commissioners to serve equal time on the development review committee throughout each calendar year.

C.

Meetings. The development review committee shall hold regularly scheduled meetings open to the public at dates, times, and places determined and posted by the director.

D.

Review Authority on Specified Planning Matters. Except when combined with legislative actions, the development review committee shall be the review authority and make final decisions as indicated in Table 21.08.070-1 (Review Authority) and this section:

1.

Site Plans. Review and approve, conditionally approve, or deny applications for site plans pursuant to Chapter 21.17 (Site Plans).

2.

Site Plan Modifications. Review and approve, conditionally approve, or deny applications for modifications associated with site plans pursuant to Section 21.17.020 (Site Plan Modifications).

3.

Sign Permits. Review and approve, conditionally approve, or deny applications for sign permits pursuant to Chapter 21.52 (Signs), except those signs reviewed by the zoning administrator pursuant to Section 21.08.050(C)9. (Sign Permits).

4.

Other. Perform other responsibilities assigned by the city council, planning commission, city manager, zoning administrator, or director.

E.

Appeals. Decisions by the development review committee may be appealed to the planning commission in compliance with Chapter 21.25 (Appeals and Calls for Review).

F.

Imposition of Conditions. In making decisions on applications, the development review committee may impose conditions as necessary to make required findings to implement the general plan, any applicable specific plans, and the Municipal Code standards that apply to development, and to further the public health, safety, and general welfare of the community.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Establishment. The office of zoning administrator is created pursuant to Section 65900 et seq. of the California Government Code. The purpose of the zoning administration process is to enable routine applications to be acted upon in a less costly, more expeditious manner while still providing full notification of and participation in the zoning review process.

B.

Appointment and Delegation. The zoning administrator shall be either the community development director or, as delegated, another employee of the city. When the zoning administrator is other than the community development director, that person shall be directly responsible to the community development director while acting in the capacity of zoning administrator. The zoning administrator may delegate his/her responsibilities to department staff under the supervision of the director, including the ability to approve or deny applications.

C.

Review Authority on Specified Planning Matters. The zoning administrator shall be the review authority and make final decisions, including action on related California Environmental Quality Act (CEQA) environmental documents for the permits and actions as indicated in Table 21.08.070-1 (Review Authority) and this section:

1.

Administrative Use Permits. Review and approve, conditionally approve, or deny applications for administrative use permits pursuant to Chapter 21.19 (Conditional Use Permits and Administrative Use Permits).

2.

Business Licenses. Review all new business license applications received by the city under Title 5 of the Municipal Code. Application review shall include a review of the location of business as related to the zoning code. If the review finds the application conforms to the existing zoning regulations, the zoning administrator shall sign the application for processing. If the zoning administrator finds the application to be in violation of any section of Title 21, the zoning administrator shall inform the applicant of the potential violation and remedies, if any, under this title.

3.

CEQA Determinations. The zoning administrator shall be the review authority and make final decisions on California Environmental Quality Act (CEQA) environmental documents for projects not requiring a public hearing as permitted by the Paso Robles CEQA Guidelines.

4.

Historic Certificate of No Effect. Review and approve, conditionally approve, or deny applications for historic certificates of no effect pursuant to Chapter 21.62 (Historic Preservation).

5.

Home Occupation Permits. Review and approve, conditionally approve, or deny applications for home occupation permits pursuant to Chapter 21.21 (Home Occupation Permits).

6.

Plot Plans. Review and approve, conditionally approve, or deny applications for plot plans pursuant to Chapter 21.18 (Plot Plans).

7.

Reasonable Accommodations. Review and approve, conditionally approve, or deny applications for reasonable accommodations pursuant to Chapter 21.27 (Reasonable Accommodations).

8.

Short-Term Rental Permit. Review and approve, conditionally approve, or deny applications for short-term rental permits pursuant to Chapter 21.64 (Short-Term Rentals).

9.

Sign Permits. Review and approve, conditionally approve, or deny applications for sign permits for signs covered under an existing sign program and not visible from the public right-of-way and other public vantage points pursuant to Chapter 21.52 (Signs).

10.

Subdivisions. Review and approve, conditionally approve, or deny applications for lot line adjustments and lot mergers. See Title 22 (Subdivisions).

11.

Temporary Use Permits. Review and approve, conditionally approve, or deny applications for temporary uses pursuant to Chapter 21.20 (Temporary Use Permits).

12.

Other. Perform other responsibilities that involve a public hearing as assigned by the city council, planning commission, city manager, or community development director.

D.

Appeals. Decisions by the zoning administrator may be appealed in compliance with Chapter 21.25 (Appeals and Calls for Review). Decisions on plot plans (Chapter 21.18) and sign permits (Chapter 21.52) may be appealed to the development review committee. All other decisions may be appealed to the planning commission.

E.

Imposition of Conditions. In making decisions on applications, the zoning administrator may impose conditions as necessary to make required findings to implement the general plan, any applicable specific plans, and the Municipal Code standards that apply to development, and to further the public health, safety, and general welfare of the community.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Appointment. The community development director, referred to in this zoning code as the director, shall be appointed by the city manager.

B.

General Authority. The director shall be responsible for performing all of the functions designated by state law and this title and shall perform other responsibilities directed by the city council, planning commission, or city manager.

C.

Administration and Interpretations. The director shall be responsible for the administration of the regulations and provisions of this Title 21 (Zoning Code), including interpretations and determination on the meaning or applicability of the regulations contained in this zoning code that are believed to be in error or are unclear, as outlined in Chapter 21.02 (Interpretation of the Zoning Code).

D.

Adoption of Procedures. The director shall be responsible for the establishment and, from time-to-time amendment, subject to the approval of the planning commission, of rules and procedures necessary to process, review, notify, and make findings and a determination of the items set forth in this title.

E.

Delegation and Supervision. The director may delegate the responsibilities of the director to department staff under the supervision of the director.

F.

Appeals. Decisions by the director may be appealed to the planning commission in compliance with Chapter 21.25 (Appeals and Calls for Review).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Table 21.08.070-1 (Review Authority) identifies the review authority responsible for reviewing and making decisions on each type of application required by this zoning code.

Table 21.08.070-1: Review Authority

Notes:

(1)

"Recommend" means that the review authority makes a recommendation to a higher decision-making body; "Decision" means that the review authority makes the final decision on the matter; and "Appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier decision making body, in compliance with Chapter 21.25 (Appeals and Calls for Review).

(2)

See Section 21.15.080 (Post Decision Procedures) regarding development review committee review of certain development plan and site plan details for final approval.

(3)

For any discretionary action or permit, the review authority may defer action and refer the request to the next higher review authority for the final decision in compliance.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A land use on property that complies with the permit requirement or exemption provisions of this zoning code shall also comply with the permit requirements of other Municipal Code provisions and any permit requirements of other agencies before construction or use of the property is commenced. All necessary permits shall be obtained before starting work or establishing a new use. Nothing in this ZONING CODE shall eliminate the need to obtain any permits required by any other Municipal Code provisions or any applicable county, regional, state, or federal regulations.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

The building official shall not issue any building permit for the construction of any building, structure, facility, or alteration, the construction of which or the proposed use of which would constitute a violation of this title.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Procedures. This chapter establishes uniform procedures and requirements for the preparation, filing, and initial processing of land use and development permits and approvals provided for in this title, unless superseded by a specific requirement of this title or state law.

B.

Failure to Follow Requirements. Failure to follow the procedural requirements shall not invalidate city actions taken in the absence of a clear showing of intent not to comply with this zoning code.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Concurrent Filing. An applicant for a development project that requires the filing of more than one application pursuant to this zoning code shall file all related applications concurrently, together with all application fees required by Section 21.09.040 (Application and Other Related Fees), unless these requirements are waived by the director.

B.

Concurrent Processing. Multiple applications for the same project shall be processed concurrently and shall be reviewed—and approved or denied—by the highest review authority designated by this zoning code for any of the applications. For example, a project for which applications for zoning map amendment and a conditional use permit are filed shall have both applications decided by the city council, instead of the planning commission being the final decision-making authority for the conditional use permit as otherwise required by Table 21.08.070-1 (Review Authority). In the example cited, the planning commission would still hear all the applications (the zoning map amendment and the conditional use permit) and forward recommendations to the city council.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Application Contents. Applications for amendments, entitlements, and other matters pertaining to this zoning code shall be filed with the department in the following manner:

1.

The application shall be made on forms furnished by the department.

2.

The necessary fees shall be paid in compliance with the city's fee resolution.

3.

The application shall be accompanied by the information identified in the department handout for the particular application. The requested information may include exhibits, maps, materials, plans, reports, and other information required by the department that describe clearly and accurately the proposed work, its potential environmental impact, and its effect on the terrain, existing improvements, and the surrounding neighborhood.

B.

Incomplete Applications. The zoning administrator may reject any application that does not supply the required information or is incomplete.

C.

Application Content. The accuracy of all information, maps, and lists submitted shall be the responsibility of the applicant.

D.

Status of Application. Acceptance of the application does not constitute an indication of approval by the city nor of the application being deemed complete. If an applicant fails to provide all of the information required in the application or any additional information required in support of the application, the application will not be deemed complete.

E.

Pre-Application Conference and Concept Plan Presentation for Legislative Actions.

1.

A prospective applicant for legislative actions (such as zoning amendments, specific plans, and general plan amendments) shall request a pre-application conference with the zoning administrator or designee before completing and filing a permit application required by this zoning code, followed by a presentation of a concept plan to the city council.

2.

The purpose of a pre-application conference and concept plan presentation is generally to review the conceptual project with the city council and receive preliminary feedback to inform the project application.

3.

Neither the pre-application conference nor feedback provided by the city council on the concept plan shall be construed as either a recommendation for approval or denial of the application or project.

4.

An applicant is encouraged to perform an early-stage outreach with residents and property owners to address and, if possible, resolve any concerns that interested persons may have regarding potential impacts of proposed project on surrounding neighborhoods and properties.

5.

A pre-application conference/concept plan submittal does not establish the date for determining a preliminary application to be complete for the purposes of implementing the provisions of California Government Code Section 65589.5 (see Section 21.09.080) or Section 65913.4 (see Section 21.09.090).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Filing Fees Required.

1.

The city council shall, by resolution, establish a schedule of fees for amendments, entitlements, and other matters pertaining to this zoning code. The schedule of fees may be changed or modified only by resolution of the city council.

2.

The city's processing fees shall be cumulative. For example, if an application for design review also involves a variance, both fees shall be charged.

3.

Processing shall not commence on an application until required fees have been paid. Without the application fee, the application shall not be deemed complete.

B.

Refunds and Withdrawals.

1.

Recognizing that filing fees are utilized to cover city costs of public hearings, mailing, posting, transcripts, and staff time involved in processing applications, refunds due to a disapproval are not allowed, unless associated with an unused portion of a deposit.

2.

In the case of a withdrawal, the zoning administrator may authorize a partial refund based upon the pro-rated costs to date and determination of the status of the application at the time of withdrawal. The city council may establish a refund schedule in the city's fee resolution.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Owner or Authorized Agent. An application may only be filed by the owner of the subject property or a lessee or authorized agent of the property owner with the written consent of the property owner. With the zoning administrator's approval, a lessee with the exclusive right to use the property for a specified use may file an application related to that use.

B.

Signature Required. The application shall be signed by the owner of record or may be signed by the lessee or by authorized agent of the property owner if written authorization from the owner of record is filed concurrently with the application.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Determination of Completeness. Within the timelines prescribed by law, the zoning administrator shall review each application for completeness and accuracy before it is accepted as being complete. The zoning administrator's determination of completeness shall be based on the community development department's list of required application contents and any additional written instructions provided to the applicant in any preliminary review and/or during the initial application review period. The provisions of California Government Code Section 65589.5(o) shall apply until such time such section is no longer law.

1.

Notification of Applicant. As required by California Government Code Section 65943, within 30 calendar days of application filing, the applicant shall be informed, in writing, either that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the zoning administrator's letter, shall be provided. This requirement shall not apply to any legislative actions.

2.

Processing Schedule Upon Completeness. Upon being deemed complete, application processing shall begin and the applicant shall be sent a processing schedule with tentative dates for referrals, environmental review, and decision on the application.

3.

Submittal of Additional Information.

a.

When the zoning administrator determines that an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness shall occur.

b.

The additional specified information shall be submitted in writing (preferably electronic/digital material), as required by the zoning administrator, rather than verbally.

c.

The zoning administrator's review of any information resubmitted by the applicant shall be accomplished in compliance with Paragraph 21.09.060(A)1. above, along with another thirty-day period of review for completeness for each resubmittal necessary.

4.

Application Available for Public Review. After an application has been accepted as complete, in compliance with the Freedom of Information Act, the city may, if requested, make the application available for public review.

5.

Environmental Information. Upon review of an initial application or after an application has been accepted as complete, the zoning administrator may require the applicant to submit additional information needed for the environmental review of the project in compliance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines.

6.

Expiration of Application. If an applicant fails to provide the additional information specified in the zoning administrator letter within ninety days following the date of the letter, the application shall expire and be deemed abandoned consistent with Section 21.09.100 (Administrative File Close-Out Program), unless an extension is approved by the zoning administrator for good cause shown. After the expiration of an application, future city consideration shall require the submittal of a new, complete application and associated filing fees.

B.

Referral of Application. At the discretion of the zoning administrator, or where otherwise required by this zoning code or state or federal law, an application may be referred to any public agency that may be affected by or have an interest in the proposed project.

C.

Multi-Unit Residential and Mixed-Use Developments. Housing development projects as defined by Government Code Section 65589.5(h)(2) and housing development projects applying for approval under Government Code Section 65913.4 shall be subject to streamlining procedures outlined in Sections 21.09.080 (Housing Accountability Act Streamlined Review) and 21.9.090 (Procedures for Applications filed under Government Code Section 65913.4 (SB 35)), respectively.

D.

Wireless Communications Facilities. The review for completeness and the processing of wireless communications facilities applications shall comply with applicable Federal Communication Commission regulations.

E.

Project Review Procedures. No permit shall be issued in any case mentioned in this title until such drawings and sketches have been approved by the appropriate review authority; and all buildings, structures, and grounds shall be constructed and installed in accordance with the approved drawings and sketches.

1.

Investigation of Facts. Following receipt of a completed application, the zoning administrator shall investigate the facts necessary for action consistent with the purpose of this title.

2.

Inspection of Premises.

a.

Pre-inspections. The property owner or authorized agent shall give the zoning administrator access to the premises subject to the application to make an inspection(s) to confirm the statements contained in the application and accompanying graphic materials and to make a judgment as to its suitability for the proposed use or development.

b.

Post-inspections. Following application approval, the property owner or authorized agent shall give the zoning administrator access to the subject premises to confirm compliance with this zoning code and all conditions of permit approval.

3.

Staff Report Preparation. For those application approvals requiring a public hearing, a staff report shall be prepared describing the conclusions about the proposed land use and development as to its compliance and consistency with the provisions of the zoning code, other applicable provisions of the Municipal Code, and the actions, goals, objectives, and policies of the general plan.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

CEQA Review. Within thirty days of acceptance of a complete application, the project shall be reviewed in compliance with the California Environmental Quality Act (CEQA) to determine whether:

1.

The proposed project is not a "project" as defined by CEQA;

2.

The proposed project is exempt from the requirements of CEQA;

3.

A negative declaration or mitigated negative declaration may be issued; or

4.

An Environmental Impact Report (EIR) and related documents shall be required.

B.

Compliance with CEQA. These determinations and, where required, the preparation of appropriate environmental documents, shall be in compliance with CEQA and the city's CEQA guidelines.

C.

Special Studies Required. One or more special studies, paid for in advance by the applicant, may be required to complete the city's CEQA compliance review. These studies shall become public documents and neither the applicant nor any consultant who prepared the studies shall assert any rights to prevent or limit the documents' availability to the public.

D.

Review Authority. The review authority of any required CEQA document shall be the same as the review authority for the applicable permit or action, except:

1.

The review authority may defer action and refer the request to the next higher review authority for the final decision, in which case the next higher review authority shall act on both the request and the CEQA document; and

2.

The development review committee shall defer action to the planning commission on projects that are subject to CEQA and no statutory or categorical exemptions apply.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Applicability. This section applies to housing development projects as defined by Government Code Section 65589.5(h)(2).

B.

Conflicting provisions. This section provides additional procedures that shall be followed for applicable projects. If conflicts occur between other procedures in Title 21 and the procedures of this section, this section shall control. Terms defined in Government Code Section 65589.5 shall apply to this section and shall control in the event of a conflict between definitions in this section and definitions in Government Code Section 65589.5.

C.

Application Filing.

1.

Preliminary Application Filing (Optional). An applicant may file a preliminary application consistent with Government Code Section 65941.1.

a.

A preliminary application shall be filed on a form provided by the city with the required fee. If the city has not prepared a form, a preliminary application shall be filed on the standardized form adopted by the California Department of Housing and Community Development.

b.

Within one hundred eighty calendar days after submitting a preliminary application, an applicant shall submit a full application for the housing development.

2.

Full Application. An applicant may file a full application for a housing development without filing a preliminary application. The full application shall be filed on a form provided by the city with the required fee.

D.

Completeness Review.

1.

Preliminary Application. If a preliminary application is filed, the preliminary application shall be deemed complete when the preliminary application containing all of the information listed in the preliminary application form is submitted. If all listed information is not provided, the city shall request the missing information from the applicant.

2.

Full Application.

a.

Once a full application is submitted, the city shall inform the applicant in writing within thirty calendar days of submittal or resubmittal that the application is complete or incomplete and the additional information required consistent with Government Code Section 65943. Only information requested in the city's application forms can be requested. If the city does not provide written notification within this time frame, the application shall be deemed complete. The city shall review each resubmittal within the thirty-day period and cannot request information that was not listed in the first incompleteness letter.

b.

If an applicant receives written notification that the application is incomplete, and a preliminary application was submitted for the housing development, the applicant shall submit the information needed to complete the application within one hundred eighty calendar days of receiving the written notification of incompleteness. If the applicant does not submit this information within this time frame, the preliminary application shall expire and have no further force or effect.

c.

If a second determination of incompleteness is provided, the applicant shall be able to appeal the decision to the city council. The city shall make a decision on the appeal no later than sixty calendar days after receipt of the applicant's written appeal. The initial appeal may be to the planning commission, but in that case the city council shall still make a decision within sixty days. If the decision on the appeal is not made within this time frame, the application shall be deemed complete.

E.

Compliance Review.

1.

Scope of Review.

a.

Housing Development with a Preliminary Application Submittal. A housing development for which a preliminary application was submitted shall only be subject to the ordinances, policies, and standards adopted and in effect when the preliminary application is submitted, except in the following circumstances:

i.

A fee, charge, or other monetary exaction increase resulting from an automatic annual adjustment based on an independently published cost index that is referenced in the ordinance or resolution establishing the fee or monetary exaction.

ii.

A preponderance of the evidence in the record establishes that subjecting the housing development to an ordinance, policy, or standard beyond those in effect when the preliminary application was submitted is necessary to mitigate or avoid a specific, adverse impact upon the public health or safety, and there is no feasible alternative method to satisfactorily mitigate or avoid the adverse impact.

iii.

Subjecting the housing development to an ordinance, policy, standard, or any other measure, beyond those in effect when the preliminary application was submitted is necessary to avoid or substantially lessen an impact consistent with CEQA.

iv.

The housing development has not commenced construction within 2.5 years following the date of the housing development's final approval (as defined in Government Code Section 65589.5(o)(1)(D)).

v.

The number of residential units or square footage of construction proposed changes by twenty percent or more, exclusive of any increase resulting from a density bonus, incentive, concession, waiver, or similar provision.

b.

Housing Development without a Preliminary Application Submittal. A housing development shall be subject to objective standards in effect when the application was deemed complete.

2.

Review Time Frames.

a.

Applications for a housing development containing one hundred fifty or fewer units shall be reviewed for compliance with applicable objective standards within thirty calendar days of being deemed complete.

b.

Applications for a housing development containing more than one hundred fifty units shall be reviewed for compliance with applicable objective standards within sixty calendar days of being deemed complete.

3.

Compliance Determination.

a.

The city shall identify the specific standard(s) that the project does not comply with and provide an explanation of the reason(s) why the housing development is considered to be inconsistent or non-compliant with identified provisions and shall provide the written determination to the applicant.

b.

A housing development is considered in compliance with Chapter 21.50 (Objective Design Standards for Mixed Use and Multi-Family Developments), and shall not require a zoning map amendment, if the housing development complies with objective general plan standards but the zoning for the housing development site is inconsistent with the general plan.

4.

Limited Hearings/Meetings. If a housing development complies with applicable objective standards, the city shall not conduct more than five public hearings (including continuances), workshops, or similar meetings after the full application is complete in connection with the approval of the housing development consistent with Government Code Section 65905.5. Meetings required by CEQA are exempt from the limit.

F.

Findings and Decision.

1.

Findings.

a.

If the proposed housing development complies with applicable objective general plan, zoning, and subdivision standards and criteria, including design review standards, the city may only deny the housing development or conditionally approve the housing development at a lower density if the city makes written findings supported by a preponderance of the evidence in the record that:

i.

The housing development would have a specific, adverse impact upon the public health or safety unless the housing development is denied or conditionally approved at a lower density. A "specific, adverse impact" means a "significant, quantifiable, direct, and unavoidable impact, based on identified written public health or safety standards, policies, or conditions as they existed on the date that the project was deemed complete"; and

ii.

There is no feasible method to satisfactorily mitigate or avoid the adverse impact other than the denial of the housing development or conditional approval of the housing development at a lower density.

b.

If the housing development includes twenty percent of units affordable to very low- or low-income households, one hundred percent of units affordable to moderate- or middle-income households, an emergency shelter, or farmworker housing as defined in subdivision (h) of Section 50199.7 of the Health and Safety Code, the city shall approve the housing development unless the city makes written findings supported by a preponderance of the evidence in the record, as to at least one of the findings in Government Code Section 65589.5(d).

2.

Decision Time Frames. The city shall approve or deny the housing development within the following applicable period:

a.

Ninety days from environmental impact report certification;

b.

Sixty days from environmental impact report certification for an affordable housing development consistent with Government Code Section 65950(a)(3);

c.

Sixty days from adoption of a negative declaration; or

d.

Sixty days from determination of CEQA exemption.

G.

Post-Decision Procedures. Post-decision procedures for the required permit (full application) shall be followed provided those procedures do not conflict with applicable Government Code sections for housing developments (for example, Housing Accountability Act, Government Code Section 65589.5).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Applicability.

1.

This section applies to housing development projects applying for approval under California Government Code Section 65913.4.

2.

This section shall remain in effect for the same period as Senate Bill 35 provisions contained in California Government Code Section 65913.4. Unless Senate Bill 35 provisions are extended by the State Legislature, this section shall remain in effect only until January 1, 2026, and as of that date is repealed.

3.

The California Environmental Quality Act (CEQA) does not apply to projects eligible under California Government Code Section 65913.4.

B.

Definitions. Terms defined in California Government Code Section 65913.4 shall apply to this section and shall control in the event of a conflict between definitions in this Section and definitions in California Government Code Section 65913.4.

C.

Application Filing.

1.

Preliminary Application Filing. An applicant shall file a notice of intent to submit an application in conformance with this section in the form of a preliminary application consistent with California Government Code Section 65941.1.

a.

Form. A preliminary application shall be filed on a form provided by the city with the required fee. If the city has not prepared a form, a preliminary application shall be filed on the standardized form adopted by the California Department of Housing and Community Development.

b.

Timeline. Within one hundred eighty calendar days after submitting a preliminary application, an applicant shall submit a full application, provided scoping consultation has concluded consistent with Paragraph 21.09.090(C)2. (Scoping Consultation).

2.

Scoping Consultation.

a.

Upon receipt of the preliminary application, the city shall contact the Native American Heritage Commission for assistance in identifying any California Native American tribe that should be noticed. The city shall provide a formal notice of the applicant's intent to submit a full application to each required California Native American tribe within thirty days of preliminary application submittal. The formal notice shall be consistent with California Government Code Section 65913.4(b).

b.

If, within thirty days of receipt of the formal notice, any California Native American tribe that was formally noticed accepts the invitation to engage in scoping consultation, the city shall commence scoping consultation within thirty days of receiving that response.

c.

Scoping consultation shall be conducted consistent with California Government Code Section 65913.4(b). If, after scoping consultation is concluded, a development is not eligible for streamlining in accordance with this section, the city shall provide written documentation as required by California Government Code Section 65913.4(b) to the applicant and any California Native American tribe that is a party to that scoping consultation.

3.

Full Application. If the development remains eligible to apply under this section after scoping consultation consistent with California Government Code Section 65913.4(b) has concluded, an applicant may file a full application on a form provided by the city with the required fee.

D.

Completeness Review. The city shall review an application for compliance consistent with Subsection E. below (Compliance Review); there shall be no separate or additional time frame for completeness review. Only the items necessary to determine compliance with the provisions contained in California Government Code Section 65913.4(a) shall be required.

E.

Compliance Review.

1.

Scope of Review. The review authority's scope of review is limited to all of the provisions contained in California Government Code Section 65913.4(a) and the objective standards in effect at the time of preliminary application submittal.

2.

Review Time Frames and Review Authority.

a.

Consistency Review. The zoning administrator shall determine if the application complies with all of the provisions contained in California Government Code Section 65913.4(a) and applicable objective standards within the following time frames:

i.

Within sixty calendar days of application submittal for applications that include one hundred fifty or fewer housing units.

ii.

Within ninety calendar days of application submittal for applications that include one hundred fifty-one or more housing units.

b.

Design Review or Public Oversight. Any design review or public oversight (for example, design review committee and/or planning commission review) to determine if the application complies with all of the provisions contained in California Government Code Section 65913.4(a) and applicable objective standards shall occur within the following time frames:

i.

Within ninety calendar days of application submittal for applications that include one hundred fifty or fewer housing units.

ii.

Within one hundred eighty calendar days of application submittal for applications that include one hundred fifty-one or more housing units.

3.

Compliance Determination.

a.

Compliant Application. If the application complies with all of the provisions contained in California Government Code Section 65913.4(a) and all applicable objective standards, the city shall complete any design review or public oversight and any subdivision approval within the time frames listed in this Subsection E. (Compliance Review). Only objective design and subdivision standards may be applied. See Subsection F. below (Decision on Project).

b.

Non-Compliant Application. If the application does not comply with all of the provisions contained in California Government Code Section 65913.4(a) and all applicable objective standards, the review authority shall make the following determination:

i.

If the application does not comply with all of the provisions contained in California Government Code Section 65913.4(a) and all applicable objective standards, the review authority shall provide the applicant with written documentation of which standards the development conflicts with and an explanation of the reasons the development conflicts with each standard.

ii.

Resubmitted Application. If the project was found to be non-compliant, the applicant may resubmit the application for Senate Bill 35 streamlining, and the city shall review it for compliance with all of the provisions contained in California Government Code Section 65913.4(a) and all applicable objective standards subject to the same timelines in this section.

iii.

Project Ineligible. If the project is ineligible for Senate Bill 35 streamlined processing, the applicant may elect to submit an application for the applicable discretionary approval.

F.

Decision on Project.

1.

Project Approval and Findings. The review authority shall approve the application if the review authority finds that the proposed development is compliant with all of the provisions contained in California Government Code Section 65913.4(a) and all applicable objective standards, including objective subdivision standards.

2.

Conditions of Approval. The review authority may impose conditions of approval provided those conditions of approval are objective and broadly applicable to development within the city.

G.

Post-Decision Procedures.

1.

Subsequent Permits. Any necessary subsequent permits shall be issued on a ministerial basis subject to applicable objective standards. If a public improvement is necessary to implement a development subject to this section, and that public improvement is located on land owned by the city, the review authority shall process any approvals needed as required by California Government Code Section 65913.4(h)(3).

2.

Post-Approval Amendment.

a.

Post-Approval Amendment Request. An applicant may request an amendment to an approved development if that request is made prior to the issuance of the final building permit.

b.

Applicability of Objective Standards to Project Changes. The review authority shall only apply objective standards in effect when the original application was submitted, except that objective standards adopted after the date of original submittal may be applied in any of the following instances:

i.

The total number of residential units or total square footage of construction changes by fifteen percent or more; or

ii.

The total number of residential units or total square footage of construction changes by five percent or more, and it is necessary to subject the development to an objective standard beyond those in effect when the application was submitted in order to mitigate or avoid a specific adverse impact upon public health of safety, for which there is no feasible alternative method to satisfactorily mitigate or avoid.

c.

Post-Approval Project Change Review Timeframe and Decision. The review authority shall determine if the project change is consistent with objective standards and issue a decision on the applicant's project change request within sixty days after submittal unless design review is required, in which case a decision shall be made within ninety days.

3.

Expiration. An application approved consistent with this section shall remain valid for three years; however, an application approval shall not expire if the development includes public investment in housing affordability, beyond tax credits, where fifty percent of the units are affordable to households making at or below eighty percent of the area median income consistent with California Government Code Section 65913.4(f).

4.

Extension. At the discretion of the review authority, a twelve-month extension may be granted consistent with California Government Code Section 65913.4(f)(3).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Timeframe. Any development application that has been found to be inactive (defined as no written correspondence or plan submittal) for a time period of ninety days or more will be subject to the administrative file close-out program.

1.

Notification will be sent to an applicant on an incomplete application stating that they have fourteen days to notify the planning division in writing as to their intentions to proceed.

2.

Notification will be via certified mail.

B.

Action. If no written response is received in that fourteen-day time frame, the application will be "deemed abandoned" and the file will be closed. If written response is received in the fourteen-day time frame, it will be to the discretion of the zoning administrator to keep the file active.

C.

Refund. Any refund of fees shall be in accordance with the amount of administrative time and costs expended on the individual application.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Purpose. This chapter provides procedures for the amendment of this zoning code, the official zoning map, and the general plan when there are compelling reasons to do so. More specifically, this chapter addresses:

1.

Amendments to the general plan, to address changes in state or federal law and problems and opportunities that were unanticipated at the time of adoption or the last amendment; and

2.

Amendments to the zoning code and zoning map, whenever the public necessity, convenience, general welfare, or good practice justify such amendment, consistent with the general plan.

B.

Applicability. The procedures in this chapter shall apply to:

1.

All proposals to change the text of the general plan and the maps that illustrate the application of its provisions; and

2.

All proposals to change the text of this zoning code or to revise a zoning district or boundary line shown on the zoning map.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

The review authority for all amendments to the general plan, zoning code, and zoning map shall be as described in Table 21.08.070-1 (Review Authority).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

An amendment to the general plan, zoning code, or zoning map may be initiated by any qualified applicant identified in Section 21.09.050 (Eligible Applicants), the director, or by a motion of the city council or planning commission.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Application Filing and Processing.

1.

If initiated by the filing of an amendment application by a qualified applicant as specified in Section 21.10.030 (Initiation of Amendment), above, the application shall be processed in compliance with Chapter 21.9 (Application Processing and Common Procedures).

2.

The application shall include the information and materials specified in the most up-to-date department handout for amendment applications, together with the required fee in compliance with the fee schedule.

3.

For general plan amendments, the department shall send out referrals to all of the affected agencies and city departments for their review and comment in compliance with California Government Code Section 65352 (Referral of plans).

4.

It is the responsibility of the applicant to provide evidence in support of the findings required by Section 21.10.070 (Required Findings), below. The planning division may require an applicant to submit such additional information and supporting data as considered necessary to process the application.

B.

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

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Planning Commission Hearing. Before submitting a recommendation report to the city council, the planning commission shall conduct at least one public hearing in accordance with Chapter 21.26 (Public Hearings and Notice).

B.

Recommendation to City Council. Following the public hearing, the planning commission shall make a recommendation on the proposed amendment to the city council. Such recommendation shall include the reasons for the recommendation, findings related to Section 21.10.070 (Required Findings) and Section 21.10.080 (General Plan Consistency Required for Zoning Amendments) if applicable, and the relationship of the proposed amendment to other adopted documents.

1.

Approval. If the planning commission has recommended approval of the proposed amendment, the city council is required to take final action pursuant to Section 21.10.060 (City Council Hearing and Action).

2.

Denial. If the planning commission has recommended against the proposed amendment, the city council is not required to take any further action unless an appeal is filed in accordance with Chapter 21.25 (Appeals and Calls for Review).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

City Council Hearing. After receiving the recommendation from the planning commission, the city council shall hold a hearing in accordance with Chapter 21.26 (Public Hearings and Notice). The notice for the hearing shall include a summary of the planning commission recommendation.

B.

City Council Action.

1.

Adopt, Modify, or Deny. After the conclusion of the hearing, the city council may adopt, modify, or deny the proposed amendment.

2.

Referral to Planning Commission. If the city council proposes any substantial revision not previously considered by the planning commission during its hearings, the proposed modification shall be first referred to the planning commission for its recommendation in compliance with California Government Code Sections 65356 and 65857. Failure of the planning commission to report back to the city council within the time limits identified in California Government Code Sections 65356 and 65857 following the referral shall be deemed approval by the planning commission of the proposed modification(s).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

An amendment to this zoning code, the official zoning map, or the general plan may be approved only if all the following findings are first made, as applicable to the type of amendment:

A.

Findings for General Plan Amendments.

1.

The proposed amendment is internally consistent with all other provisions of the general plan;

2.

The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the city; and

3.

The affected site is physically suitable in terms of design, location, operating characteristics, shape, size, topography; is suitable in terms of the provision of public and emergency vehicle access and public services and utilities; and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.

B.

Findings for Zoning Code and Zoning Map Amendments.

1.

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

2.

The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare;

3.

The proposed amendment is internally consistent with other applicable provisions of this zoning code; and

4.

Specific to zoning map amendments, the affected site is physically suitable in terms of design, location, operating characteristics, shape, size, topography; is suitable in terms of the provision of public and emergency vehicle access and public services and utilities; and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

The planning commission shall not recommend and the city council shall not adopt a zoning amendment unless the proposed amendment is found to be consistent with the general plan.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Purpose. The purpose of the special planned development (SPD) zoning overlay is to provide for innovation and flexibility in the design of residential, mixed-use, commercial, and industrial developments. Approval of a special planned development zoning overlay can allow modification of certain development standards as specified in Section 21.11.050 (Allowed Modifications to Development Standards), discourage/prevent premature subdivision of commercial and industrial land before a master development plan has been approved, and/or provide a conceptual review/approval process for projects that are filed in conjunction with subdivision applications.

B.

Applicability. The special planned development zoning overlay may be used in combination with any base zoning district. The special planned development zoning overlay functions as a negotiated exchange through which the city can offer flexibility of certain development standards in exchange for specific project amenities (such as recreational facilities, usable open space, special design features).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Application. An application for a special planned development shall be filed and processed on the prescribed application forms in accordance with the procedures in Chapter 21.09 (Application Processing and Common Procedures). It is the responsibility of the applicant to provide evidence in support of the findings required by Section 21.11.060 (Required Findings). Initial review of the application, including time requirements and requests for information, shall be as provided in Section 21.09.060 (Initial Application Review).

B.

Review Authority. The city council shall act as the review authority for special planned development applications based on consideration of the requirements of this chapter.

C.

Additional Permit Requirements. Any parcel with a special planned development zoning overlay applied shall also require approval of either:

1.

A development plan (Section 21.16.010) with final site plan, landscape plan, and final architectural elevations and materials; or

2.

A master development plan (Section 21.16.030) with conceptual site plan, landscape concept and design guidelines. Subsequent to approval of a master development plan, a development plan (Section 21.16.010) shall also be required with final site plan, landscape plan, and final architectural elevations and materials.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Planning Commission Hearing. Before submitting a recommendation report to the city council, the planning commission shall conduct at least one public hearing in accordance with Chapter 21.26 (Public Hearings and Notice).

B.

Recommendation to City Council. Following the public hearing, the planning commission shall make a recommendation on the proposed special planned development to the city council. Such recommendation shall include the reasons for the recommendation and findings related to Section 21.11.060 (Required Findings) and Section 21.10.080 (General Plan Consistency Required for Zoning Amendments).

1.

Approval. If the planning commission has recommended approval of the proposed special planned development, the city council shall take final action pursuant to Section 21.11.040 (City Council Hearing and Action).

2.

Denial. If the planning commission has recommended against the proposed special planned development, the city council is not required to take any further action unless an appeal is filed in accordance with Chapter 21.25 (Appeals and Calls for Review).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

City Council Hearing. After receiving the recommendation from the planning commission, the city council shall hold a hearing in accordance with Chapter 21.26 (Public Hearings and Notice). The notice for the hearing shall include a summary of the Planning Commission recommendation.

B.

City Council Action.

1.

Adopt, Modify, or Deny. After the conclusion of the hearing, the city council may adopt, modify, or deny the proposed special planned development.

2.

Referral to Planning Commission. If the city council proposes any substantial revision not previously considered by the planning commission during its hearings, the proposed modification shall be first referred to the planning commission for its recommendation in compliance with California Government Code Sections 65857. Failure of the planning commission to report back to the city council within the time limits identified in California Government Code Sections 65857 following the referral shall be deemed approval by the planning commission of the proposed modification(s).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Allowed Modifications. A special planned development zoning overlay may allow different development standards to be applied than are otherwise required in the base zoning district. A special planned development zoning overlay may be used to:

1.

Provide flexibility in minimum lot sizes, widths, and depths to result in a superior site design (such as to cluster lots to preserve natural resources) and may exceed maximum allowed density if consistent with general plan goals and policies;

2.

Modify setback requirements to result in a superior site design (such as to permit zero lot line development design where appropriate);

3.

Modify the grading and hillside development standards of Chapter 21.47 (Grading and Hillside Development), if it can be demonstrated that such modifications will preserve the integrity of the existing topography and basic land form of the site, meet the intent of preservation of natural resources, and/or conserve/provide for open space;

4.

Modify sign standards of Chapter 21.52 (Signs) including sign area and height, as part of a master sign program;

5.

Modify parking standards of Chapter 21.48 (Parking and Loading Regulations) to allow alternate parking standards including quantity of spaces or alternative surface materials;

6.

Modify the types and intensities/density of land uses within any base zoning district (if in a commercial zoning district and proposing residential uses, coupled with allocation of surplus density units);

7.

In commercial and industrial zoning districts, limit the types and intensities of land uses within any zoning district through requiring a conditional use permit to be obtained before any new use may be established;

8.

Implement general plan policies that apply to specific issues not addressed by the base zoning district regulations;

9.

Establish specific building heights for an individual project where it is determined that allowing the buildings to exceed the height limitations of the zoning code would be appropriate based on due consideration of:

a.

The proportion, scale, and nature of the project;

b.

The visual quality and aesthetics of the project;

c.

The design of the project;

d.

The project's compatibility with the established character of surrounding development;

e.

The project's ability to not create an adverse visual impact or otherwise have a negative effect on public views from nearby roads and other public vantage points; and

f.

The project's risk to fire life-safety when considering building safety features and emergency response capability;

10.

Provide flexibility to modify other public improvements, such as the width and location of parkways and sidewalks when such modifications can be demonstrated to not adversely affect public safety; and

11.

Modify other zoning code standards also allowed to be modified by Section 21.16.020 (Development Plan Modifications).

B.

Prohibited Modifications. Special planned development zoning overlay shall not be used to:

1.

Create lots of less than the minimum size, width, and depth required for lots within the R-1 Zoning District where the finished graded slopes of a lot are ten percent or greater in slope (exclusive of 2:1 or lesser slopes approved for pads, benches, driveways, and usable yard areas); and

2.

Modify safety requirements for public improvements such as engineered street and driveway design or street widths.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

The city council shall make all of the following findings in order to approve or conditionally approve a special planned development application. The city council shall deny an application for a special planned development if it is unable to make any of the required findings applicable to that project, in which case it shall state the reasons for that determination.

A.

Consistency. The proposed special planned development is consistent with the goals and policies established by the general plan, particularly the purpose of the applicable land use category;

B.

Design or Public Benefit. The proposed special planned development will result in better, more creative, and higher quality architectural and site development design or greater public benefit than would otherwise be allowed under adopted development standards;

C.

Compatibility. The proposed special planned development is compatible with surrounding development;

D.

Sensitive to Topography and Natural Resources. The proposed special planned development is sensitive to the natural topography of the site, minimize alterations to the land, and maintain and enhance significant natural resources, including, but not limited to, oak woodlands, natural drainage ways and open space preservation;

E.

Circulation. The proposed special planned development's vehicular, bikeway, and pedestrian circulation system is designed to be efficient and well-integrated with the overall city circulation system; and

F.

General Welfare. The proposed special planned development does not pose adverse impacts on the public health, safety, and general welfare, nor on neighboring properties in particular.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

See Chapter 21.04 (Special Planned Developments Established).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Purpose. This chapter establishes procedures and requirements for considering and entering into legally binding development agreements with applicants for development projects as specified in and as authorized by California Government Code, Sections 65864—65869.5 et seq.

B.

Incorporation by Reference. The city incorporates by reference the provisions of California Government Code Sections 65864—65869.5. In the event of any conflict between those statutory provisions and this chapter, the statues shall control.

C.

Applicability. Used in conjunction with annexation, general plan amendment, specific plan, rezoning, planned development, tentative tract map, and/or conditional use permit approvals, development agreements establish the mutually agreeable terms and conditions under which development projects may proceed. Development agreements are best used for large, complex, or phased projects that require extended construction time, and which involve numerous public improvements such as streets, utilities, storm drainage improvements, public parking, trails, schools, parks, open space, and other improvements of community-wide benefit. The development agreement can specify the rules, standards, policies, fees, and regulations to which the project is subject.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Application. An application for a development agreement shall be filed and processed on the prescribed application forms in accordance with the procedures in Chapter 21.09 (Application Processing Procedures). It is the responsibility of the applicant to provide evidence in support of the findings required by Section 21.12.050 (Required Findings). Initial review of the application, including time requirements and requests for information, shall be as provided in Section 21.09.060 (Initial Application Review).

B.

Eligible Applicants. Any person having legal or equitable interest in real property may apply for a development agreement consistent with Section 21.09.050 (Eligible Applicants), except that a person may not file, and the director shall not accept, an application which is the same as, or substantially the same as, an application which was denied within the previous year, unless the application is initiated by the city council.

C.

Review Authority.

1.

The city manager 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. The city manager may request input from other affected departments as needed.

2.

The planning commission shall act as the advisory body and review the development agreement to provide a recommendation to the city council.

3.

The city council shall act as the review authority, and after receiving recommendations from the planning commission, may adopt, reject, modify, or take no action on a development agreement based on consideration of the requirements of this chapter.

D.

Preapplication Review. Before submitting an application and support materials, applicants shall discuss the proposal with the director. At such review, the applicant should present a preliminary site plan and show basic features of the proposed project, including its public purposes and/or benefits. The director may request the city council provide authorization to process the application. The city council shall, upon request, determine whether or not to direct staff to accept a filed application for future consideration. Such a review shall be at the city council's sole discretion.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Development agreements shall include the following:

A.

The duration of the agreement, including a specified termination date;

B.

Public benefits contributed by the project in exchange for the benefits to the project provided by the development agreement.

C.

The land uses and site plan to be permitted on the property;

D.

The density or intensity of land use to be permitted;

E.

The maximum height, size, and location of proposed buildings;

F.

The reservation or dedication of land for public purposes to be secured, including, but not limited to, rights-of-way, open space preservation, and public access easements;

G.

Proposed exceptions from zoning regulations or other development standards (including subdivision standards), and findings where required;

H.

The time schedule established for periodic review as required by Section 21.12.090 (Periodic Review); and

I.

Development agreements may also include additional terms, conditions, and restrictions in addition to those listed in Subsections A—H of this section. These additional terms may include, but are not limited to:

1.

Development schedules providing that construction of the proposed development as a total project or in phases be initiated and/or completed within specified time periods;

2.

The construction of public facilities required in conjunction with such development, including but not limited to vehicular and pedestrian rights-of-way, public art and other landscape amenities, drainage and flood-control facilities, parks and other recreational facilities, sewers and sewage treatment facilities, sewer lift stations, and water well and treatment facilities or payment of fees in lieu of such dedications and improvements;

3.

Method of financing such improvements and, where applicable, reimbursement to developer or city;

4.

City fees, fee credits, and payment timing;

5.

Prohibition of one or more uses normally listed as permitted, accessory, subject to review or subject to conditional use permit in the zoning district normally allowed by right;

6.

Limitations on future development or special terms, restrictions, requirements or conditions under which subsequent development approvals and discretionary actions not included in the agreement may occur;

7.

The requirement of a faithful performance bond where deemed necessary to and in an amount deemed sufficient to guarantee the faithful performance of specified terms, conditions, restrictions and/or requirements of the agreement. In lieu of a bond, the applicant may deposit with the city clerk certificates of deposit or other security acceptable to the director of administrative services;

8.

Specific design criteria for the exteriors of buildings and other structures, including colors and materials, landscaping, and signs;

9.

Special yards, open spaces, trails, staging areas, buffer areas, fences and walls, public art, landscaping, and parking facilities, including vehicular and pedestrian ingress and egress;

10.

Performance standards regulating such items as noise, vibration, smoke, dust, dirt, odors, gases, garbage, heat, and the prevention of glare or direct illumination of adjacent properties;

11.

Limitations on operating hours and other characteristics of operation which the city council determines could adversely affect the reasonable use and enjoyment of surrounding properties; and

12.

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.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Initiation of Hearings. Hearings on a development agreement may be initiated:

1.

Upon the filing of an application in accordance with the procedures in Chapter 21.09 (Application Processing and Common Procedures); or

2.

By the city council by a simple majority vote.

B.

Planning Commission Hearing and Recommendation. When the city manager determines development agreement negotiations are complete, the item shall be scheduled for planning commission hearing in accordance with Chapter 21.26 (Public Hearings and Notice). Following the public hearing, the planning commission shall make a recommendation on the proposed development agreement to the city council. Such recommendation shall include the reasons for the recommendation and findings related to Section 21.12.050 (Required Findings). The director shall transmit the planning commission's written recommendation and complete record of the application to the city council.

1.

Approval. If the planning commission has recommended approval of the development agreement, the city council is required to take final action pursuant to Subsection 21.12.040(C) (City Council Hearing and Action).

2.

Denial. If the planning commission has recommended against the development agreement, the city council is not required to take any further action unless an appeal is filed in accordance with Chapter 21.25 (Appeals and Calls for Review).

C.

City Council Hearing and Action.

1.

Hearing. After receiving the report from the planning commission but no later than the time specified by Section 65943 of the California Government Code, the city council shall hold a public hearing in accordance with Chapter 21.26 (Public Hearings and Notice). Notice of the hearing shall also be mailed or delivered to any other local agency expected to provide essential facilities or services to the property that is the subject of the development agreement.

2.

Ordinance Required. The city council shall adopt development agreements via ordinance.

3.

Ordinance First Reading. After the city council completes the public hearing, the city council may introduce the ordinance for first reading by title only and approve, modify, or deny the development agreement. Matters not previously considered by the planning commission during its hearing may, but need not, be referred to the planning commission for report and recommendation. The planning commission may, but need not, hold a public hearing on matters referred to it by the city council.

4.

Ordinance Second Reading. If the city council votes to adopt a development agreement, the ordinance shall require a second reading, unless otherwise obviated by Paragraph 21.12.060(A)2.

D.

Failure to Receive Notice. The failure to receive notice by any person entitled thereto by law or this chapter does not affect the authority of the city to enter into a development agreement.

E.

Irregularity in Proceedings. No action, inaction, or recommendation regarding the proposed development agreement shall be held void or invalid, or be set aside by a court by reason of any error, irregularity, informality, neglect, or omission as to any matter pertaining to the application, notice, finding, record, hearing, report, recommendation, or any other matters of procedure whatsoever unless, after an examination of the entire record, the court is of the opinion that the error was judicial and that a different result would have been probable if the error had not occurred or existed.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

The review authority may approve a development agreement only if it first makes all of the following findings:

A.

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

B.

The proposed development agreement promotes the general welfare, allows more comprehensive land use planning, and provides substantial public benefits or necessary public improvements, making it in the city's interest to enter into the development agreement with the applicant; and

C.

The proposed project and development agreement:

1.

Will not adversely affect the health, safety, or welfare of persons living or working in the surrounding area;

2.

Will be appropriate at the proposed location and will be compatible with adjacent land uses; and

3.

Will not have a significant adverse impact on the environment.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Adoption by Ordinance—Execution of Contract.

1.

The development agreement shall be approved by the adoption of an ordinance. The ordinance shall refer to and incorporate by reference the text of the development agreement and findings related to Section 21.12.050 (Required Findings). Upon the approval of the ordinance following its first reading, the city shall enter into the development agreement by the execution thereof by the city manager.

2.

No ordinance shall be finally adopted via a second reading and the city manager shall not execute a development agreement until it has been executed by the applicant and all other parties to the agreement. If the applicant has not executed the agreement or agreement as modified by the city council, and returned the executed agreement to the city clerk within sixty days following the ordinance's first reading, the approval shall be deemed withdrawn, and the city council shall not give a second reading to such ordinance, nor shall the city manager execute the agreement.

3.

Such sixty-day time period may be extended upon approval of the city council.

B.

Recordation of Executed Agreement. Following the execution of a development agreement by the city manager, the city clerk shall record the executed agreement with the county recorder.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

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.

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 project or authorization for the project on the basis of such rules, regulations, and policies. Unless otherwise specified in the development agreement, a development agreement shall not exempt the applicant from obtaining future discretionary land use approvals. A development agreement shall not preclude the city from adopting and implementing emergency measures regarding water or sewer deficiencies when the city council determines that such action is necessary to protect public health and safety. If such action becomes necessary, the city council reserves the right to suspend water and sewer service on an equitable basis until such deficiencies are corrected.

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. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Enforcement. Unless and until amended or canceled in whole or in part as provided in Section 21.12.100 (Amendment and Cancellation of Development Agreements), a development agreement shall be enforceable by any party to the agreement, regardless of any change in regulations which alters or amends the regulations applicable to the project covered by a development agreement, except as specified in Sections 21.12.090 (Periodic Review).

B.

Continuing Validity. The development agreement shall be binding upon, and the benefits of the agreement shall inure to all successors in interest to the parties to the agreement.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

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, based on substantial evidence, finds compliance by the applicant with the provisions of the development agreement, no action is required.

B.

Finding of Noncompliance.

1.

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 revision pursuant to this chapter. It is the duty of the applicant or his successor in interest to provide evidence of good-faith compliance with the agreement to the director's satisfaction at the time of their review. Refusal by the applicant or their successor in interest to provide the required information shall be prima facie evidence of violation of such agreement.

2.

If at the end of the time period established by the director, the applicant or his successor in interest has failed to comply with the terms of the agreement or has not submitted evidence substantiating such compliance, the director shall notify the city council of their findings, recommending such action as the director deems appropriate, including legal action to enforce compliance or to terminate or modify the agreement.

3.

When the director notifies the city council that a development agreement is being violated, a public hearing shall be scheduled before the city council to consider the matter. Procedures for conduct of such hearing shall be the same as provided for initiation and consideration of a development agreement.

4.

If the city council determines that the applicant or his successor in interest is in violation of a development agreement, it may take one of the following actions:

a.

Schedule the matter for city council hearing for modification or possible termination of the agreement. Procedures for hearing notice shall be the same as provided in Chapter 21.26 (Public Hearings and Notice); or

b.

Continue the matter for further consideration.

C.

Amendment or Termination for Violations.

1.

Findings. After the hearing required by Paragraph 21.12.090(B)4., the city council may terminate or amend the agreement upon finding that:

a.

Terms, conditions, and obligations of any party to the development agreement have not been met;

b.

The scope, design, intensity, or environmental effects of project were represented inaccurately;

c.

The project has been or is being built, operated, or used in a manner that differs significantly from approved plans, permits, or other entitlements; or

d.

Parties to the agreement have engaged in unlawful activity, or have used bad faith in the performance of, or the failure to perform their obligations under the agreement.

2.

Amendment. Such remedial action may include, but is not limited to, changes to project design or uses, operating characteristics, or necessary on-site or off-site improvements that are determined to be reasonably necessary to protect public health, safety, or welfare, and to correct problems caused by or related to noncompliance with terms of the agreement.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Mutual Agreement. A development agreement may be amended, extended, or canceled in whole or in part, by mutual consent of all parties to the agreement or their successors in interest.

1.

Major Amendment. Changes to the terms and key deal points of the development agreement shall be considered a major amendment and shall require a formal amendment approved by the city council.

2.

Minor Amendments and Interpretations—Operating Memos. Both parties may agree to minor amendments and interpretations of the development agreement in the form of an "operating memorandum (operating memo)." Operating memos shall be approved by the city manager and the developer.

3.

Procedures. Procedures for amendment (except minor amendments and interpretations per Paragraph 21.12.100(A)2.), time extensions, or cancellation of the development agreement by mutual consent shall be the same as provided for initiation and consideration of such agreement.

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 revision. After the public hearing, the city council may terminate the development agreement, modify the finding of noncompliance, or rescind the finding of noncompliance, and issue a finding of compliance.

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. If a development agreement is cancelled or terminated, all rights of the applicant, property owner, or successors in interest under the development agreement shall terminate and the applicant, property owner, or successors in interest shall otherwise comply with city codes, regulations, development standards and other applicable laws in effect at the time of termination of the agreement. If a development agreement is terminated following a finding of noncompliance, the city may, in its sole discretion, determine to return all benefits, including reservations or dedications of land, and payments of fees, received by the city.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

This chapter lists the development agreements adopted by the city of Paso Robles.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Ordinance 1089
Adoption date: March 3, 2020
Parties: City of Paso Robles and Olsen Ranch 212, LLC

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Ordinance 1090
Adoption date: March 3, 2020
Parties: City of Paso Robles and Fuentez Family, LLC

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Ordinance 1091
Adoption date: March 3, 2020
Parties: City of Paso Robles and Our Town Properties Ownership Group

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Ordinance 1099
Adoption date: July 9, 2020
Parties: City of Paso Robles and Quorum Realty Fund IV, LLC

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Ordinance 1102
Adoption date: October 20, 2020
Parties: City of Paso Robles and The Beechwood Owners Group

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Purpose. This chapter provides a method for preparing, processing, reviewing, and adopting specific plans in compliance with California Government Code Section 65450 et seq., or as that section may be amended or replaced from time to time. In addition, this chapter provides a method for amending specific plans to ensure their continued effectiveness and responsiveness to market demands over time. A specific plan is intended to provide for flexibility in the establishment of land use regulations by allowing for innovative use of land resources and development; a variety of building, development, and housing types; land use mixes; site design; development concepts; and effective and safe pedestrian and vehicular circulation.

B.

Applicability. Once adopted, a specific plan shall govern all use and development of properties within the bounds of that specific plan.

1.

Where a specific plan is silent regarding development standards, the provisions of this title shall govern. The director shall have the authority to determine which provisions of this title apply where a specific plan is silent.

2.

When a use is not specifically listed as permitted in the specific plan, the director shall assign the land use or activity to a classification that is substantially similar in character. Land uses not listed in the specific plan as permitted or not found to be substantially like a permitted use are prohibited.

3.

No discretionary entitlement applications or other permits may be approved, adopted, or amended within an area covered by a specific plan, unless found to be consistent with the adopted specific plan.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

The following entity may submit or initiate an application for a specific plan or specific plan amendment:

A.

A majority of the city council; or

B.

The director; or

C.

An application filed by the owner(s) of one or more parcels, or the owner's authorized agent, that would be the subject of the specific plan. If the property for which a specific plan or specific plan amendment is proposed is held in multiple ownerships, all the owners or their authorized agents shall join in filing the application. If initiated by a property owner(s), a pre-application conference as specified in Subsection D., below is required.

D.

Pre-Application Conference Required. A pre-application conference with the director is required before the filing of a specific plan application. The city may establish fees for the pre-application conference.

1.

The purpose of the pre-application conference is to allow the property owner(s) or property owner's agent to obtain information before entering into commitments requiring that the applicant incur substantial expense in the preparation of plans, surveys, and other data.

2.

The preliminary consultations shall include, but are not limited to, the following:

a.

Proposed land uses to be developed within the project area;

b.

Development concepts to be employed;

c.

Schematic plans, illustrative material, and narrative sufficient to describe the general relationships between land uses, and the intended design character and scale of principal features; and

d.

A preliminary time schedule for development, including quantitative data (such as population, building units, land use acreage, and other data) sufficient to illustrate phasing of development and potential impact on public service requirements.

3.

Pre-application review shall not constitute any representation on the part of the city that a specific plan will be prepared or approved for the property or that any other application pending or otherwise will be approved.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Development within a specific plan area is subject to the review process set forth in Chapter 21.15 (Development Review) unless the text of the applicable specific plan provides otherwise. Development projects proposed within specific plans shall require approval of either:

A.

A master development plan (Section 21.16.030) with conceptual site plan, landscape concept and design guidelines. Subsequent to approval of a master development plan, development review pursuant to Chapter 21.15 (Development Review) shall also be required; or

B.

A development plan, site plan, or plot plan pursuant to Chapter 21.15 (Development Review) with final site plan, landscape plan, and final architectural elevations and materials.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Planning Commission Hearing and Recommendation.

1.

Planning Commission Hearing. Before submitting a recommendation report to the city council, the planning commission shall conduct at least one public hearing in accordance with Chapter 21.26 (Public Hearings and Notice).

2.

Recommendation to City Council. Following the public hearing, the planning commission shall make a recommendation on the proposed specific plan to the city council. Such recommendation shall include the reasons for the recommendation and findings related to Section 21.14.050 (Required Findings) and, if applicable, Section 21.10.080 (General Plan Consistency Required for Zoning Amendments).

a.

Approval. If the planning commission has recommended approval of the proposed specific plan, the city council is required to take final action pursuant to Subsection 21.14.040(B) (City Council Hearing and Action).

b.

Denial. If the planning commission has recommended against the proposed specific plan, the city council is not required to take any further action unless an appeal is filed in accordance with Chapter 21.25 (Appeals and Calls for Review).

B.

City Council Hearing and Action.

1.

City Council Hearing. After receiving the recommendation from the planning commission, the city council shall hold a hearing in accordance with Chapter 21.26 (Public Hearings and Notice). The notice for the hearing shall include a summary of the planning commission recommendation.

2.

Adopt, Modify, or Deny. After the conclusion of the hearing, the city council may adopt, modify, or deny the proposed specific plan.

3.

Referral to Planning Commission. If the city council proposes any substantial revision not previously considered by the planning commission during its hearings, the proposed modification shall be first referred to the planning commission for its recommendation in compliance with California Government Code Sections 65356. Failure of the planning commission to report back to the city council within the time limits identified in California Government Code Sections 65356 following the referral shall be deemed approval by the planning commission of the proposed modification(s).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Prior to adopting a specific plan, the planning commission (on recommendation) and city council shall make all of the following findings:

A.

The specific plan or amendment thereto is consistent with the goals, objectives, and policies of the general plan;

B.

The specific plan or amendment thereto would not be detrimental to the public health, safety, or welfare of the community;

C.

The specific plan or amendment thereto includes provisions that ensure that adequate public facilities will be available to serve the range of development described in the plan;

D.

The subject property (or properties) proposed for the specific plan has unique characteristics such as topography, location, size or surroundings that are enhanced by special land use and development standards; and

E.

The specific plan results in the development of desirable character and use types that will be compatible with the surrounding area, provides effective buffering from adjacent uses, and includes policies for the protection of prominent ridgelines, oak trees, and other natural resources.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Specific plans may be adopted by either resolution and/or ordinance.

B.

Resolutions shall govern those components of specific plans that are:

1.

Policy statements describing the vision for development;

2.

Descriptions of the proposed distribution, location, extent, and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities; and

3.

Programs of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out Paragraphs 21.14.060(B)1. and 21.14.060(B)2.

C.

Ordinances shall govern those components of specific plans that act as zoning regulations for the areas covered by specific plans, including:

1.

The distribution, location, and extent of the uses of land, including open space, within the area covered by the plan; this would include "regulating plans", land use/zoning maps; and

2.

The regulations for development of said lands.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Expiration and Extension. Since specific plan applications are flexible, expiration will be determined on a case-by-case basis. Most specific plan approvals will not expire unless replaced by a subsequently adopted specific plan or rendered obsolete by adoption of a conflicting general plan designation. In some cases, however, limiting the duration of an approval may be appropriate when the specific plan is linked to another entitlement that expires. The resolution adopting a specific plan shall specify the duration of the specific plan and any means of extension, which may include an evaluation of an applicant's due diligence in satisfying specific plan provisions.

B.

Amendment.

1.

Procedure. An adopted specific plan may be amended through the same procedure specified by this chapter for the adoption of a specific plan.

2.

Frequency. The specific plan may be amended as often as deemed necessary by the city council, in compliance with California Government Code Section 65453.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

See Chapter 21.05 (Specific Plans Established).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Purpose. Development review is established to ensure that new development supports the goals and policies of the general plan and other adopted plans and guidelines. The specific purposes of the development review process are to:

1.

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

2.

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

3.

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

B.

Applicability. Development review is required prior to construction and building permit issuance for any structure, or to relocate, rebuild, or significantly enlarge or modify any existing structure or site.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Types of Development Review and Review Authority. Three levels of development review are hereby established:

1.

Development Plans. Review of major development projects shall be conducted by the planning commission as development plans.

2.

Site Plan. Review of minor development projects shall be conducted by the development review committee as site plans.

3.

Plot Plan. Review of minor details shall be conducted by the zoning administrator as plot plans.

B.

Thresholds. Unless otherwise specified in this section, thresholds identified in Table 21.15.030-1 (Review Authority for Development Review) shall be cumulative over a five-year period. The starting point for the five years shall be when the certificate of occupancy has been issued.

C.

CEQA Review. Notwithstanding Table 21.15.030-1 (Review Authority for Development Review), the zoning administrator may determine that certain site plans and plot plans are not exempt from CEQA; in any case where a site plan or plot plan requires preparation of an initial study or environmental impact report, the project and related CEQA action shall be reviewed by the planning commission.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Table 21.15.030-1 (Review Authority for Development Review) summarizes the review authority responsible for reviewing and making decisions on development plans, site plans, and plot Plans. See also Chapters 21.16 (Development Plans), Chapter 21.17 (Site Plans), and Chapter 21.18 (Plot Plans) for additional requirements and clarifications.

Table 21.15.030-1: Review Authority for Development Review

Notes:

1.

"Decision" means that the review authority makes the final decision on the matter; "Appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier review authority, in compliance with Chapter 21.25 (Appeals and Calls for Review); "Recommend" means that the review authority should provide preliminary review and forward input to the next higher review authority for consideration.

2.

A review authority may defer action and refer the request to the next higher review authority for the final decision in compliance with Subsection 21.08.010(B) (Elevate Review).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

_____

A.

Application. An application for a development review permit shall be filed with the zoning administrator in compliance with Chapter 21.09 (Application Processing and Common Procedures).

B.

Dedications and Public Improvements. In order for applications to be found to be complete, any applicable dedications and public improvements listed below must be either completed or an agreement to complete them, in a form to be approved by the city, shall be submitted with the application:

1.

All dedications for adjacent streets necessary to provide the minimum right-of-way width to meet city standards for the applicable classification of the subject streets;

2.

All street improvements necessary to provide the minimum standards established by city standards for the applicable classification of the subject streets, including, but not limited to, curbs, gutters, sidewalks, paving, street lights, and pedestrian and bicycle paths;

3.

All sewer, water, and storm drain system improvements necessary for compliance with the city's adopted master plans for these systems and any applicable specific plans;

4.

All fire prevention measures, including, but not limited to, on- and off-site fire hydrants and emergency vehicle access indicated by city-adopted codes, policies, and standards;

5.

All open space and recreation dedications and improvements necessary for compliance with general plan policies, any applicable specific plans, and other city-adopted plans.

C.

Time Limit On Approval.

1.

Approval of development plans, site plans, and plot plans shall be valid for a period of not more than two years following the date of approval. Development plans approved concurrently with a tentative tract or parcel map shall have the same expiration time period as the subdivision approval. If, at the end of a two-year period, one of the situations listed below has occurred, said approval shall become invalid.

a.

A building or grading permit has not been issued; or

b.

A building or grading permit has been issued but construction or grading has not commenced within one hundred eighty days of the issuance; or

c.

A building or grading permit has been issued and construction or grading has commenced but has subsequently lapsed for a period of one hundred eighty days; or

d.

A written request for a time extension request and the applicable fee have not been received; or

e.

A tentative tract or parcel map associated with the development plan, site plan, or plot plan has expired.

2.

Approval of master development plans shall be valid for a period of time of not more than five years following the date of approval. Subsequent development plans that become vested shall vest the master development plan. Subdivision maps approved concurrently with a master development plan shall be subject to the expiration timeline per the Subdivision Map Act.

3.

Time extensions, not exceeding two years per extension, may be granted by the review authority as follows:

a.

Process. A written request and applicable fee shall be submitted to the department no later than the date of expiration of approval.

b.

Planning Commission. For projects originally approved by the planning commission or city council, a time extension shall be considered by the planning commission.

c.

Development Review Committee. For projects originally approved by the development review committee, a time extension shall be considered by the development review committee.

d.

Zoning Administrator. For projects originally approved by the zoning administrator, a time extension shall be considered by the zoning administrator.

D.

Referrals Up to Next Level of Review.

1.

In their respective reviews of site plans and plot plans, the development review committee and zoning administrator may refer project applications up to the next (higher) level of review (for example, development plan and site plan, respectively) if it appears that such referral is necessary to accomplish the purposes of this title. Examples where such a referral may be indicated include, but are not limited to, the following:

a.

The project is located on a scenic corridor or gateway to the city as designated by the general plan or other visually-prominent location;

b.

There are unique circumstances about the design of a particular development project or about the quality of design in its neighborhood.

2.

If a project application is referred by the zoning administrator to the development review committee for site plan review, no additional fee shall be required. However, if a development project is referred by the development review committee to the planning commission for development plan review, the applicable fee for development plan review may be required as condition of approval.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Development Plan.

1.

Hearing. The planning commission shall conduct a public hearing on an application for a development plan before making a decision on the application to approve, approve subject to conditions, or deny the application.

2.

Notice. Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Chapter 21.26 (Public Hearings and Notice).

B.

Site Plan.

1.

Public Meeting. The development review committee shall conduct a meeting that is open to the public on an application for a site plan before making a decision on the application to approve, approve subject to conditions, or deny the application.

2.

On-Site Posted Notice.

a.

Projects That Require Notice. Notice of the project application shall be required for:

i.

Projects consisting of two—ten residential units; and

ii.

Projects requesting site plan modifications pursuant to Section 21.17.020 (Site Plan Modifications).

b.

Format. The on-site notice shall be posted on the subject site at least forty-eight hours prior to the meeting. A minimum of one notice, at least eleven inches by seventeen inches in size, shall be posted along each street frontage. The posting shall be placed in the ground or on a fence, wall, or building façade that is set back no more than ten feet from the street property line.

C.

Plot Plan. Public hearings and notice shall not be required. The zoning administrator shall issue a decision letter within thirty days of deeming the application complete.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

The criteria for evaluation under the development review processes shall be in compliance with the adopted development standards and applicable design guidelines of the area in which the proposed project is located. All projects shall be consistent with applicable design guidelines. An application may be denied if the information provided by the applicant is insufficient to determine compliance with the guidelines.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

General. In approving a development review permit, the review authority may impose reasonable conditions deemed necessary to ensure compliance with adopted standards or applicable required findings and may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

B.

Timing. Unless otherwise indicated in a condition of approval, all conditions and requirements imposed through development review shall be completed prior to occupancy of new buildings or additions, installation of signs, or operation of a new land use.

1.

Exceptions. With the posting of security such as a performance bond or other method acceptable to the city, the following improvements may be completed after the above-mentioned events:

a.

Unless otherwise indicated in a condition of approval, the installation of required landscaping may be postponed for a period no longer than twelve months;

b.

If specifically provided for in a condition of approval of a development plan, required improvements, other than landscaping, may be postponed for periods to be determined by the planning commission.

2.

Failure to Comply. Failure to comply with the requirements of development review constitutes a violation of this zoning code, which may be punishable as prescribed in Section 21.01.090 (Enforcement).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Delegation of Development Plan Details to the Development Review Committee. Following approval of a master development plan (Section 21.16.030) or development plan (Section 21.16.010) at a public hearing, the review authority may refer certain details of master development plan or development plan applications to the development review committee or zoning administrator for final approval. Examples of the appropriate level of details to be referred would include but would not be limited to single-family dwellings within planned development overlay zoning districts, landscaping materials, signage, building elevation details including colors, and masonry walls and fences. See Section 21.24.040 (Permit Amendments).

B.

Delegation of Site Plan Details to the Zoning Administrator. Following approval of a site plan (Chapter 21.17), the development review committee may refer certain details to the zoning administrator for final approval. Examples of the appropriate level of details to be referred would include, but would not be limited to, landscaping materials, signage, building elevation details including colors, and masonry walls and fences. See Section 21.24.040 (Permit Amendments).

C.

Extensions, Amendments, and Appeals. The procedures and requirements in Chapter 21.24 (Entitlement Implementation, Extensions, Amendments, and Revocations), and those related to appeals in Chapter 21.25 (Appeals and Calls for Review) shall apply following the decision on a development review application.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Planning Commission Hearing. A development plan is a discretionary planning commission review process that includes public notice with a public hearing and is consistent with Chapter 21.15 (Development Review).

B.

Projects Subject to Development Plan. The following types of development projects shall be subject to planning commission approval of a development plan:

1.

Single-Family Residential. All single-family residential units located within a planned development overlay zoning district, a special planned development overlay zoning district, and/or involving eleven or more units.

2.

Multi-Family Residential.

a.

Housing development projects with eleven or more dwelling units per lot. (NOTE: This is figured cumulatively, for example, the addition of an eleventh dwelling unit shall require approval of a development plan; threshold measurement shall be as defined in Subsection 21.15.020(B).)

b.

Residential projects with ten or fewer units that do not comply with Chapter 21.50 (Objective Design Standards for Mixed-Use and Multi-Family Development).

3.

Commercial, Industrial, and Institutional.

a.

Construction of buildings with ten thousand or more gross square feet.

b.

A major addition that expands the size of the building by ten percent or more or ten thousand gross square feet, whichever is greater, and not exceeding one such addition in any twelve-month period.

c.

Construction of buildings with less than ten thousand gross square feet if all necessary infrastructure has not been installed, all necessary dedications have not been made, or special conditions are necessary.

d.

Construction of a lodging use within a lodging overlay zoning district (Section 21.36.040).

4.

Pregrading. Pregrading of a site (without any accompanying development plans) where the surface area is greater than twenty thousand square feet. (NOTE: This is figured cumulatively, for example, the addition of one thousand square feet of graded area to a nineteen thousand square-foot graded area shall require approval of a development plan.)

5.

Planned Development and Special Planned Development Overlay Zoning Districts. All development in the planned development overlay zoning or special planned development overlay zoning district.

6.

Resort Lodging Zoning District. All new buildings, major additions, and exterior alterations to existing buildings and structures in the RL zoning district.

7.

Sign Programs. Comprehensive sign programs.

8.

Projects Subject to Environmental Review. Projects subject to CEQA for which either a negative declaration, mitigated negative declaration, or an environmental impact report is required.

C.

Required Findings. Before a development plan approval may be granted, the review authority shall make all of the findings set forth in this subsection, unless otherwise noted, and may impose conditions of approval as necessary to make these findings:

1.

The design and intensity (density) of the proposed project is consistent with the following:

a.

The goals and policies established by the general plan;

b.

The policies and development standards established by any applicable specific plan, special planned development, or master development plan;

c.

The zoning code, including the purpose and intent of the zoning districts in which a development project is located as well as applicable design and development standards; and

d.

All other adopted codes, policies, standards, and plans of the city, including design guidelines adopted by resolution by the planning commission.

2.

The proposed project will not be detrimental to the public health, safety, or welfare, or be injurious to property or other improvements in the vicinity.

3.

The proposed project accommodates the aesthetic quality of the city as a whole, especially where development will be visible from gateways to the city and scenic corridors and contributes to the orderly development of the city as a whole.

4.

The proposed project is compatible with, and is not detrimental to, surrounding land uses and improvements, provides appropriate visual appearance, and contributes to the mitigation of any environmental and social (such as privacy) impacts.

5.

The proposed development plan is compatible with existing scenic and environmental resources such as hillsides, stream courses, oak trees, vistas, historic buildings and structures.

6.

For special planned developments, the proposed development plan is in conformance with the findings listed in Section 21.11.060 (Required Findings).

7.

For a project that is defined as a "housing development project" by the Housing Accountability Act (California Government Code Section 65589.5(h)(2)), and any project evoking any provision of state law that references objective design standards for residential development, including but not limited to California Government Code Section 65589.5 (Housing Accountability Act) and California Government Code Section 65913.4 (SB 35), the proposed project complies with all applicable objective general plan, zoning code, subdivision, and development standards including objective design review standards. Findings 1—6 above are not required.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Purpose. The development plan modification is established for the purpose of allowing development approaches that are not permitted as a matter of right but which may be considered compatible and appropriate if such uses or features are designed or arranged on a site or in a structure in a particular manner and in accordance with conditions imposed by the review authority, allowing the review authority to make minor deviations from the development standards applicable to a property in order to promote an integrated design approach and quality.

B.

Allowed Modifications by City Council. The city council shall be authorized to make modifications to zoning standards to allow for projects to exceed maximum height limits with habitable space as part of the development plan approval process.

C.

Allowed Modifications by Planning Commission. The planning commission shall be authorized to make modifications to zoning standards as part of the development plan review process as outlined in Table 21.16.020-1 (Development Plan Modifications).

Table 21.16.020-1: Development Plan Modifications

D.

Required Findings. Before a development plan modification approval may be granted, the review authority shall make all of the findings set forth in this subsection and may impose conditions of approval as necessary to make these findings:

1.

All applicable findings of Subsection 21.16.010(C) (Required Findings) are made;

2.

There are no alternatives to the requested modification, such as a modification allowed through a density bonus (Chapter 21.61), that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the public.

3.

The modification will not be detrimental to the health, safety, or general welfare of the persons within the vicinity.

4.

The modification results in a superior project (such as more usable open space, more creative design, better interface with neighboring properties and/or public realm, less grading or a less exposed public view of grading, protection of oak trees, provision of deed-restricted affordable housing, etc.).

5.

The characteristics of the project and the degree of potential for the project to negatively impact neighboring properties justify the modification.

6.

The modification does not preclude or prevent adequate fire protection.

7.

The modification does not impair the sight distance of vehicles on the street or on the driveway of adjacent lots.

8.

For parking reductions, the parking reduction is supported by a parking demand study that outlines the unique characteristics of the proposed use, trip reduction or alternative parking measures, and evidence that the reduction with not be detrimental to surrounding properties. Based on the parking study, the planning commission may impose conditions deemed necessary to ensure that the appropriate parking demand is maintained as set forth in the parking demand study.

9.

The modification complies with any additional findings or conditions for the individual modification.

E.

Filing of Application. An application for a development plan modification shall comply with Chapter 21.09 (Application Processing and Common Procedures) and shall contain a description of the modification and a justification for the request including specific facts to support the required findings and any additional information or materials necessary for processing and review of the application that may be requested by the review authority to facilitate review of the application.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Definition. A master development plan is a conceptual development plan that contains the same or similar elements as a development plan in a more conceptual format. The master development plan shall govern all use and development of properties within the bounds of that master development plan.

B.

Purpose. The specific purposes of the master development review process are to:

1.

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

2.

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

3.

Allow approval of larger projects without finalizing all development details; and

4.

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

C.

Applicability. In lieu of a development plan (Section 21.16.010), an applicant can request approval of a master development plan for the following types of development projects:

1.

When identified in a specific plan (Chapter 21.14) or special planned development (Chapter 21.11) applicable to the project location.

2.

When identified in legislative actions or entitlement conditions of approval applicable to the project location.

3.

For large-scale and phased development projects as determined by the zoning administrator. Generally, these are projects with a projected buildout of five or more years where project information and designs are conceptual.

D.

Process.

1.

A master development plan shall be processed in the same manner as a development plan (Section 21.016.010) and is eligible for development plan modifications (Section 21.16.020).

2.

Before issuance of building or grading permits, approval of a development plan (Section 21.16.010) with final details shall be required unless an alternative development review process is specified in the specific plan (Chapter 21.14), special planned development (Chapter 21.11), or master development plan.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Development Review Committee Meeting. A site plan is a review process of minor development projects by the development review committee that includes a public meeting and is consistent with Chapter 21.15 (Development Review).

B.

Projects Subject to Site Plan. The following types of development projects shall be subject to development review committee approval of a site plan:

1.

Single-Family Residential.

a.

Dwellings within the planned development overlay zoning district.

b.

Dwellings within the special planned development overlay zoning district if referred from a higher review authority;

c.

Dwellings requesting a site plan modification allowed by Section 21.17.020 (Site Plan Modifications).

2.

Multi-Family Residential.

a.

Housing development projects with two to ten dwelling units per lot that are defined as a "housing development project" by the Housing Accountability Act (California Government Code Section 65589.5(h)(2)).

b.

Room additions, accessory buildings, and exterior alterations to multi-family housing developments that are visible from public streets and other public vantage points.

3.

Commercial, Industrial, and Institutional.

a.

Construction of buildings with less than ten thousand gross square feet if all necessary infrastructure has been installed, all necessary dedications have been made, and no special conditions are necessary.

b.

A mid-size addition that expands the size of the building by up to ten percent or ten thousand gross square feet, whichever is greater, and not exceeding one such addition in any twelve-month period, provided that all necessary infrastructure has been installed, all necessary dedications have been made, and no special conditions are necessary. (See exception for small additions not visible from public streets and other public vantage points in plot plans [Section 21.18.010].)

c.

Accessory buildings up to ten thousand square feet provided that all necessary infrastructure has been installed, all necessary dedications have been made, and no special conditions are necessary.

d.

Exterior alterations to existing buildings that are visible from public streets and other public vantage points.

e.

Fences, walls, and screening for outside storage and display areas.

4.

Pregrading. Pregrading of a site (without any accompanying development plans) where the surface area is twenty thousand or less square feet.

5.

Signs. All signs, except signs implemented as part of an approved sign program and that are not visible from a public right-of-way, change of copy within existing sign structures, and directional signs.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Purpose. The site plan modification is established for the purpose of allowing development approaches that are not permitted as a matter of right but which may be considered compatible and appropriate if such uses or features are designed or arranged on a site or in a structure in a particular manner and in accordance with conditions imposed by the review authority, allowing the review authority to make minor deviations from the development standards applicable to a property in order to promote an integrated design approach and quality.

B.

Allowed Modifications by the Development Review Committee. The development review committee shall be authorized to make modifications to zoning standards as part of site plan review process as outlined in Table 21.17.020-1 (Site Plan Modifications).

Table 21.17.020-1: Site Plan Modifications

C.

Required Findings. Before a site plan modification approval may be granted, the review authority shall make all of the findings set forth in this subsection, unless otherwise noted, and may impose conditions of approval as necessary to make these findings:

1.

There are no feasible alternatives to the requested modification, such as an incentive or concession allowed through a density bonus (Chapter 21.61), that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the public.

2.

The modification will not be detrimental to the health, safety, or general welfare of the persons within the vicinity.

3.

The modification results in a superior project (such as more usable open space, more creative design, better interface with neighboring properties and/or public realm, less grading or a less exposed public view of grading, protection of oak trees, provision of deed-restricted affordable housing, etc.)

4.

The characteristics of the project and the degree of potential for the project to negatively impact neighboring properties justify the modification.

5.

The modification does not preclude or prevent adequate fire protection.

6.

The modification does not impair the sight distance of vehicles on the street or on the driveway of adjacent lots.

7.

The modification complies with any additional findings or conditions for the individual modification.

D.

Filing of Application. An application for a site plan modification shall comply with Chapter 21.09 (Application Processing and Common Procedures) and shall contain a description of the modification and a justification for the request including specific facts to support the required findings and any additional information or materials necessary for processing and review of the application that may be requested by the review authority to facilitate review of the application.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Zoning Administrator Review of Plot Plans. A plot plan is a ministerial review for compliance of a development project with the applicable standards in the zoning code, relevant specific plan or other planning document, and/or a previously approved entitlement and is consistent with Chapter 21.15 (Development Review).

B.

Projects Subject to Plot Plan. The following types of development projects shall be subject to zoning administrator approval of a plot plan:

1.

Single-Family Residential.

a.

Individual single-family residences.

b.

Referrals from the higher review authority for dwellings within the planned development overlay zoning district and/or the special planned development overlay zoning district.

2.

Multi-Family Residential Additions. Room additions, accessory buildings, and exterior alterations that are not visible from public streets and other public vantage points and that do not increase the number of dwelling units on site.

3.

Commercial, Industrial, and Institutional.

a.

Minor additions less than one thousand square feet, accessory buildings, and exterior alterations that are not visible from the public right-of-way and other public vantage points.

b.

Change of copy within existing sign structures, directional signs, and signs implemented as part of an approved sign program that are not visible from a public right-of-way.

c.

Outdoor seating areas for restaurants outside the Uptown/Town Center Specific Plan area.

d.

Landscaping.

e.

Parking lots.

f.

Installation of accessory uses/structures such as automatic teller machines, replacement gasoline pumps, trash bin enclosures, electrical transformer boxes, electric charging stations, and freestanding solar collectors (photovoltaic systems).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Plot plan review processes are a ministerial review where the development project must be consistent with all applicable zoning standards, without modifications. Any requests for modifications to development standards for a project subject to plot plan review will elevate the development review to site plan, development plan, or special planned development review, depending on the modification requested.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Purpose. The conditional and administrative use permit review and approval process is intended to apply to uses that are usually 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. Conditional use and administrative use permits, which may be revocable and conditional, are intended to provide sufficient flexibility in the use regulations to further the objectives of this zoning code and to provide the city with the opportunity to impose special conditions to mitigate potential impacts that could result from allowing the use(s) at the requested location.

B.

Applicability. Approval of a conditional use permit or administrative use permit is required for uses or developments specifically identified in Table 21.33.030-1, and/or any other section of this title that requires a conditional use permit or administrative use permit.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Conditional Use Permits. The planning commission shall act as the review authority for conditional use permits based on consideration of the requirements of this chapter.

B.

Administrative Use Permits. The zoning administrator shall act as the review authority for administrative use permits. The zoning administrator may, at his/her discretion, refer any application for an administrative use permit for a project that may generate substantial public controversy or involve significant land use policy decisions to the planning commission for decision. In that case, the application shall be processed as a conditional use permit.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

An application for a conditional use permit or administrative use permit shall be filed and processed on the prescribed application forms in accordance with the procedures in Chapter 21.09 (Application Processing and Common Procedures). It is the responsibility of the applicant to provide evidence in support of the findings required by Section 21.19.050 (Required Findings) below. Initial review of the application, including time requirements and requests for information, shall be as provided in Section 21.09.060 (Initial Application Review).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Conditional Use Permits.

1.

The planning commission shall conduct a public hearing on an application for a conditional use permit before making a decision on the application to approve, approve subject to conditions, or deny the application.

2.

Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Chapter 21.26 (Public Hearings and Notice).

B.

Administrative Use Permits. Before a decision on an administrative use permit is made, the city shall provide mailed notice as follows:

1.

Notice Required.

a.

Public notice shall be mailed to every property owner and occupant within three hundred feet of the proposed project site. Such notice shall be mailed no less than ten business days prior to the scheduled zoning administrator's decision date and shall include information about the proposed project, the zoning administrator's pending decision, and information about when and how an appeal may be filed as set forth in Chapter 21.25 (Appeals and Calls for Review).

b.

The mailed notice shall state that the zoning administrator will decide whether to approve, approve subject to conditions, or deny the administrative use permit application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision.

c.

Any written request for a hearing shall be based on issues of significance directly related to the application (such as provision of evidence that the request cannot meet one or more of the findings specified in Section 21.19.050 (Required Findings) below).

d.

If the zoning administrator determines that the evidence has merit and can be properly addressed by a condition(s) added to the administrative use permit approval, the zoning administrator may consider the permit without a hearing in compliance with Subparagraph 21.19.040(B)2.b., below.

2.

Hearing.

a.

If a public hearing is requested and the provisions of Subparagraph 21.19.040(B)1.c., above, do not apply, a hearing before the zoning administrator shall be scheduled, noticed, and conducted in compliance with Chapter 21.26 (Public Notices and Hearings).

b.

If no public hearing is requested, the zoning administrator shall render a decision on or after the date specified in the notice referred to in Subparagraph 21.19.040(B)1.a., above.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

The review authority may approve or conditionally approve a conditional use permit or administrative use permit only if it first makes all of the following findings:

A.

Consistency. The proposed use is consistent with the general plan and any applicable specific plan; and is allowed within the applicable zoning district, subject to the granting of a conditional use permit or administrative use permit, and complies with all other applicable provisions of this zoning code and the Municipal Code;

B.

Compatibility. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity;

C.

Suitability.

1.

The site is physically suitable in terms of:

a.

Its design, location, shape, size, and operating characteristics of the proposed use in order to accommodate the use, site improvements, loading, and parking;

b.

Streets and highways adequate to accommodate public and emergency vehicle (such as fire and medical) access;

c.

Public protection services (such as fire protection, police protection, etc.); and

d.

The provision of utilities (such as potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.).

2.

The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zoning district in which the property is located.

3.

Housing Development Projects. For a project that is defined as a "housing development project" by the Housing Accountability Act (California Government Code Section 65589.5(h)(2)), and any project evoking any provision of state law that references objective design standards for residential development, including but not limited to California Government Code Section 65589.5 (Housing Accountability Act) and California Government Code Section 65913.4 (SB 35):

a.

If the proposed project complies with all applicable objective general plan, zoning code, subdivision, and development standards including objective design review standards (Chapter 21.50), Finding B above is not required.

b.

If the proposed project does not comply with all applicable objective general plan, zoning code, subdivision, and development standards including objective design review standards (Chapter 21.50) and the project has chosen an alternative, discretionary development review path, Finding B above shall be required.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

In approving a conditional use permit or administrative use permit, the review authority may impose conditions deemed necessary to ensure compliance with adopted standards or the findings required by Section 21.19.050 (Required Findings) and may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A conditional use permit or administrative use permit approved in compliance with the provisions of this chapter shall continue to be valid upon a change of ownership of the business, parcel, service, structure, or use that was the subject of the permit application in the same area, configuration, and manner as it was originally approved in compliance with this chapter.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

For projects that require both a conditional use permit and a development plan, these applications may be consolidated with one combined set of conditions of approval and one approval resolution.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Expansion of Uses. No expansion of uses or services as described in the original application shall be allowed unless a new or amended conditional use permit or administrative use permit, as applicable, is first filed and approved for the proposed expansion, in compliance with this chapter.

B.

Extensions, Amendments, and Appeals. The procedures and requirements in Chapter 21.24 (Entitlement Implementation, Extensions, Amendments, and Revocations), and those related to appeals in Chapter 21.25 (Appeals and Calls for Review) shall apply following the decision on a conditional use permit or administrative use permit application.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Purpose. This chapter establishes a process for review and approval of certain uses that are intended to be of limited duration of time and will not permanently alter the character or physical facilities of the site where they occur.

B.

Applicability. For purposes of this chapter, a temporary land use activity is defined as a land use that is interim, non-permanent, and/or seasonal in nature, located on private property, and lasting from one to thirty days, and generally not more than thirty consecutive days in duration. Temporary uses shall consist of the following categories:

1.

Exempt Temporary Uses. Exempt temporary uses, as identified in Section 21.20.020 (Exempt Temporary Uses), that do not require issuance of a temporary use permit.

2.

Allowed Temporary Uses. Non-exempt temporary uses, including special events, as identified in Section 21.20.030 (Allowed Temporary Uses), that require a temporary use permit.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

The following uses do not require a temporary use Permit:

A.

Seasonal stands (such as pumpkin and Christmas tree sales) without a caretaker unit lasting up to ninety days.

B.

Construction offices in conjunction with construction of a building or other approved development project.

C.

Parking lot sales and other promotional events where only on-site businesses are participating and lasting no more than seven days.

D.

Garage and rummage sales (subject to Section 21.20.040).

E.

Single food truck operating in one location less than seven days (subject to Section 21.69.120).

F.

Temporary food service (such as barbecues) when located at the business's permanent location or in conjunction with a non-profit fundraising event lasting less than seven days.

G.

Sidewalk vending (subject to Subsection 21.20.040(B)).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

The following activities may be approved by a temporary use permit:

1.

Real estate sales offices (within approved development projects).

2.

Parking lot sales and other promotional events where only on-site businesses are participating and lasting seven or more days (if less than seven days, no temporary use permit is required).

3.

Trailers/temporary buildings in conjunction with an existing on-site business and remaining no more than twelve months.

4.

Single food truck operating in one location seven or more days but not more than one year (subject to Section 21.69.120).

5.

Temporary food service (such barbecues) when located at the business' permanent location or in conjunction with a non-profit fundraising event lasting seven or more days.

6.

Seasonal stands (such as pumpkin and Christmas tree sales) with a caretaker unit lasting up to ninety days.

7.

Circuses, carnivals, fairs, festivals, and concerts lasting up to thirty days.

8.

Off-site construction yards with a valid building permit (no temporary use permit is required if on an immediately adjacent property).

9.

Similar temporary uses as determined by the zoning administrator.

B.

Temporary Uses Requiring an Administrative Use Permit. Other temporary events and special events, outdoor sales, and displays may be allowed with the approval of an administrative use permit pursuant to Chapter 21.19 (Conditional Use Permits and Administrative Use Permits) so long as they are determined to not impact neighboring uses or otherwise create significant impacts.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Because of the temporary nature and unique aspects of certain activities, special regulatory provisions are established for the following:

A.

Rummage Sales. Rummage sales are expressly prohibited within the city limits, except when conducted by a charitable or nonprofit organization within a completely enclosed permanent building or structure, or when located on the site of an existing church, social hall, school, clubhouse, auditorium, recreation building, theater, or a location of similar nature.

B.

Garage or Yard Sales.

1.

Garage or yard sales may be conducted at dwellings throughout the city; provided, that the merchandise which has been placed on sale is the result of the normal accumulation of used items acquired by a single family or group of families, and is not in any way connected with an established business.

2.

The occupants of a dwelling shall be limited to two garage or yard sales per year, each having a duration of no more than two consecutive days.

3.

Signs advertising garage or yard sales shall not be posted on public property. Signs on private property shall be removed within twenty-four hours after the sale.

C.

Food Trucks. See Section 21.69.120 (Food Trucks and Food Truck Courts).

D.

Sidewalk Vending. Sidewalk vendors are subject to the following provisions:

1.

Sidewalk vending is permitted only on paved sidewalks within the public right-of-way and city parks.

2.

Sidewalk vending shall not block the accessible path of travel nor curb ramps.

3.

Sidewalk vending is not permitted within parks with a concession agreement.

4.

Stationary vending is not permitted in residential zoning districts.

5.

Sidewalk vendors shall have a valid city of Paso Robles business license.

6.

No motorized vehicles are permitted on city sidewalks or within parks.

7.

Carts, tables, and other equipment and supplies shall not be left unaccompanied nor stored in the public right-of-way or parks overnight.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

An application for a temporary use permit shall be filed and processed on the prescribed application forms in accordance with the procedures in Chapter 21.09 (Application Processing and Common Procedures). An application for a temporary use permit for a seasonal stand with a caretaker unit, circus, carnival, fair, festival, and concert shall be filed no less than sixty days prior to the date on which the temporary use is planned to commence. An application for a temporary use permit for all other allowed uses shall be filed no less than two weeks prior to the date on which the temporary use is planned to commence. The zoning administrator may waive this time period requirement based on circumstances which prevent a timely filing.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

All requests for temporary use permits on private property may be approved, conditionally approved, or denied by the zoning administrator (subject to agreement by other affected departments). The zoning administrator may refer applications to the planning commission or its designated subcommittees.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Required Findings. The review authority may approve or conditionally approve a temporary use permit application only if it first makes all of the following findings:

1.

The proposed use is temporarily permitted within, and would not impair the integrity and character of, the subject zoning district and complies with all applicable provisions of the building and fire codes.

2.

The subject site is physically suitable for the type and density/intensity of the proposed use.

3.

The location, size, design, and operating characteristics of the proposed temporary use will not adversely impact surrounding properties.

4.

The proposed temporary use will not adversely impact the public health, safety, or welfare.

5.

There will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored.

6.

There are adequate provisions for public access, parking, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to the public health and safety.

B.

Revocation. A temporary use permit may be revoked or modified by the zoning administrator if any one of the following findings can be made:

1.

That circumstances have changed so that one or more of the required findings can no longer be made;

2.

That the temporary use permit was obtained by fraud or misrepresentation;

3.

That one or more of the conditions of the temporary use permit have not been met; and

4.

That the use is in violation of any statute, ordinance, law, or regulation.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

General. In approving a temporary use permit, the review authority may impose conditions deemed necessary to ensure compliance with adopted standards or the findings required in Subsection 21.20.070(A) (Required Findings) and may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

B.

Conditions. Conditions may include, but are not limited to, the following: hours of operation, provisions for parking areas, lighting and signage, traffic circulation and access, performance standards, and other measures necessary to not adversely impact surrounding properties.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

In no case shall a temporary use permit be approved for longer than twelve months. Approval of a temporary use permit shall not be an entitlement that runs with the land and shall not be assignable or transferable to any other person.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use and shall continue to be used in compliance with this title.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Applications for home occupations shall be reviewed by the zoning administrator.

A.

A home occupation is a profession or other occupation not otherwise permitted in the district, which is conducted by an accessory use in a residential unit by one or more members of the family residing on the premises and no more than one non-related full-time equivalent employee, with only one such employee working at the premises at any one time, and which in residential districts conforms to the following additional restrictions:

1.

The profession or other occupation shall be carried on wholly within the main building or accessory building.

2.

Not more than one-half of the floor area of the ground floor of the principal building is used for the occupation.

3.

There shall be no exterior storage of materials and equipment, and no other exterior indication of such home occupation or variation from the residential character of the principal building.

4.

There shall be no retail sales on the premises except for "cottage food operations" as defined by Section 113758 of the California Health and Safety Code for which no more than one client is allowed within the premises at a time.

5.

a.

The following types of businesses are considered allowable as home occupations: home office for services provided or conducted outside of the home or on the internet; tutoring/teaching, including musical or dance instruction, provided that no more than one student is served at a time; "cottage food operations" as defined by Section 113758 of the California Health and Safety Code and subject to prior issuance of a permit for a cottage food operation from the county health department as required by Health and Safety Code Section 114365; art studio; tailor/dress-maker; or similar uses.

b.

The following types of businesses are not permitted as home occupations: animal hospital; automotive repair; small engine repair; barber or beauty shop; restaurant; tavern; wine-tasting; or similar uses.

6.

There shall be no signs identifying the business.

B.

Exception for Hardship. The planning commission may grant an exception to the strict application of the above requirements when the applicant is able to show that there is a hardship upon the applicant which warrants such an exception. In such cases the applicant must prove that the activity for which the permit is requested is one that is light, clean, free from noise, and will have no adverse effect upon the residential character of the neighborhood. All such applications shall be granted by a use permit and shall be subject to annual review.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Purpose. The variance procedure is intended to permit minor adjustments to the strict application of the provisions of this title where it would deprive the property owner of privileges enjoyed by similar properties because of the subject property's unique and special conditions.

B.

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

C.

Limitations. This chapter does not grant the power to approve variances to allow land uses or activities in a zoning district where the use or activity is explicitly prohibited.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Application. An application for a variance shall be filed and processed on the prescribed application forms in accordance with the procedures in Chapter 21.09 (Application Processing and Common Procedures). It is the responsibility of the applicant to provide evidence in support of the findings required by Section 21.22.030 (Required Findings) below. Initial review of the application, including time requirements and requests for information, shall be as provided in Section 21.09.060 (Initial Application Review).

B.

Review Authority. The planning commission shall act as the review authority for variance applications based on consideration of the requirements of this chapter.

C.

Notice and Hearings.

1.

The planning commission shall conduct a public hearing on an application for a variance before making a decision on the application to approve, approve subject to conditions, or deny the application.

2.

Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Chapter 21.26 (Public Hearings and Notice).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

The review authority may approve a variance application, with or without conditions, only if it first makes all of the following findings:

A.

The variance will not be detrimental to the public health, safety or welfare or injurious to the subject property or other improvements in the vicinity;

B.

The variance will not authorize a use or activity that is not otherwise expressly authorized in the subject property's zoning classification;

C.

There are exceptional or extraordinary circumstances applicable to the subject property (such as location, shape, size, surroundings or topography), so that the strict application of this title denies the property owner of privileges enjoyed by others in the vicinity and identical zoning district;

D.

The variance will not create a special privilege for the subject property that is inconsistent with the limitations on other properties in the vicinity and within the same zoning district; and

E.

The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant, and to prevent unreasonable property loss or unnecessary hardship;

F.

The variance is not contrary to the purpose, goals, and policies of the general plan, the zoning code and any applicable specific plan.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Each application shall be reviewed on an individual case-by-case basis and the approval of a prior variance is not admissible evidence for the approval of a new variance.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

In approving a variance, the review authority may impose conditions deemed necessary to ensure compliance with adopted standards or the findings required in Section 21.22.030 (Required Findings) and may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A variance approved in compliance with the provisions of this chapter shall run with the land and confer the rights granted to and conditions placed upon the applicant onto subsequent property owners.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

The procedures and requirements in Chapter 21.24 (Entitlement Implementation, Extensions, Amendments, and Revocations), and those related to appeals in Chapter 21.25 (Appeals and Calls for Review) shall apply following the decision on a variance application.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

This chapter provides requirements for the implementation, or "exercising," of the entitlements required by this title, including time limits and procedures for approving extensions of time, modifying approved entitlements, and revoking entitlements.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

No building permit shall be issued until after the effective dates of final decisions, as indicted in this section, and then only in accordance with the terms and conditions of the entitlement granted:

A.

General Plan Amendments. Immediately following city council adoption of a resolution specifying the decision made.

B.

Specific Plans (Adoption and Amendment).

1.

Adopted by Resolution. Immediately following city council adoption of a resolution specifying the decision made.

2.

Adopted by Ordinance. Thirty days following the second reading of an ordinance.

C.

Zoning Code Amendments (Map and Text). Thirty days following the second reading of an ordinance.

D.

Final Maps. Immediately following city council adoption of a resolution specifying the decision made.

E.

Tentative Tract Maps and Tentative Parcel Maps. Fifteen calendar days following review authority adoption of a resolution specifying the decision made; provided, that an appeal has not been filed to the city council and/or that the city council has not called the tentative tract map or parcel map up for city council hearing.

F.

Lot Line Adjustments. Fifteen calendar days following zoning administrator decision; provided, that an appeal has not been filed to the planning commission and/or that the planning commission has not called the lot line adjustment up for commission hearing.

G.

Master Development Plan. Fifteen calendar days following review authority adoption of a resolution specifying the decision made; provided, that an appeal has not been filed to the city council and/or that the city council has not called the master development plan up for city council hearing.

H.

Development Review—Development Plan (with or without modifications). Fifteen calendar days following review authority adoption of a resolution specifying the decision made; provided, that an appeal has not been filed to the city council and/or that the city council has not called the development plan up for city council hearing.

I.

Development Review—Site Plan (with or without modifications). Fifteen calendar days following review authority decision; provided, that an appeal has not been filed to the planning commission and/or that the planning commission has not called the decision up for planning commission review.

J.

Development Review—Plot Plan. Fifteen calendar days following a decision by the zoning administrator; provided, that an appeal has not been filed to the development review committee;

K.

Conditional Use Permits. Fifteen calendar days following review authority adoption of a resolution specifying the decision made; provided, that an appeal has not been filed to the city council and/or that the city council has not called the conditional use permit up for city council hearing;

L.

Administrative Use Permits. Fifteen calendar days following a decision by the zoning administrator; provided, that an appeal has not been filed to the planning commission;

M.

Special Planned Development Zoning Overlay. Thirty calendar days following the second reading of an ordinance.

N.

Variances. Fifteen calendar days following review authority adoption of a resolution specifying the decision made; provided, that an appeal has not been filed to the city council and/or that the city has not called the variance up for city council hearing;

O.

Street Abandonments. Immediately following city council adoption of a resolution specifying the decision made;

P.

Temporary Use Permits. Immediately following a decision by the zoning administrator; provided, that an appeal has not been filed to the planning commission;

Q.

Home Occupations. Immediately following a decision by the zoning administrator; provided, that an appeal has not been filed to the planning commission;

R.

Zoning Verification. Immediately following a decision by the zoning administrator;

S.

Interpretations of the Zoning Code. Immediately following a decision by the zoning administrator; provided, that an appeal has not been filed to the planning commission or city council; and

T.

Short-Term Rental Permit. Fifteen calendar days following the decision of the zoning administrator; provided that an appeal has not been filed to the planning commission and/or the planning commission has not called the short-term rental permit up for commission hearing.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Time Period. The review authority, in the granting of any entitlement, 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 entitlement granted under this title shall automatically expire when no project or use or time extension (Subsection 21.24.030(C)) has been initiated within two years after the date of the approval and become null and void.

B.

Reasonable Limits. Any time limit set by the applicable review authority shall be reasonable, based upon the size and the nature of the proposed project.

C.

Actions for Active and Continuous Pursuit. If, at the end of a two-year period, one of the situations listed below has occurred, said approval shall become invalid.

1.

A building or grading permit has not been issued; or

2.

A building or grading permit has been issued but construction or grading has not commenced within one hundred eighty days of the issuance; or

3.

A building or grading permit has been issued and construction or grading has commenced but has subsequently lapsed for a period of one hundred eighty days; or

4.

A written request for a time extension request and the applicable fee have not been received; or

5.

A tentative tract or parcel map associated with the development plan, site plan, or plot plan has expired.

D.

Time Extensions.

1.

The applicant's written request for a time extension shall be submitted prior to expiration of the entitlement, together with any filing fee.

2.

The review authority that approved an entitlement shall be the review authority for an application for a time extension except:

a.

As provided in Subsection 21.15.040(C) (Time Limit on Approval);

b.

For projects originally approved by the city council, a time extension shall be considered by the planning commission; or

c.

Unless an alternate review authority is specified in the approving resolution.

3.

A public hearing in compliance with Chapter 21.26 (Public Hearings and Notice) shall be required for matters that originally required a public hearing.

4.

Time extensions can be granted by the review authority for up to two years per request.

5.

In the event the review authority denies the request for extension, the applicant may, within fifteen days of the decision, appeal the decision in compliance with Chapter 21.25 (Appeals and Calls for Review).

E.

Time Extension Required Findings. An extension of the entitlement, permit, or approval may be granted only if the review authority first makes all of the following findings:

1.

There have been no changes in circumstances that would preclude the review authority from making the findings upon which the original approval was based;

2.

There have been no changes to the provisions of the general plan, zoning code, or other laws or policies applicable to the project since the original approval;

3.

There have been no changes in the character of the site or its surroundings that affect how the standards of the general plan or zoning code apply to the project; and

4.

Appropriate evidence has been provided by the applicant to document that the extension is required due to a hardship that was not the result of personal action(s) undertaken by the applicant.

F.

Further Extensions Deemed New Application. An application for an extension of the entitlement, permit, or approval in excess of eight years following the original date of approval (original two years plus up to an additional six years) shall be treated as a new application. Entitlements approved concurrently with a tentative tract or parcel map shall have the same expiration time period as the tentative map.

G.

Effect of Expiration. Where the entitlement, permit, or approval has expired and/or has been deemed void:

1.

No further action is required by the city;

2.

No further reliance may be placed on the previously approved entitlement, permit, or approval;

3.

The applicant shall have no rights previously granted under the entitlement, permit, or approval;

4.

The applicant shall file a new application(s) and obtain all required approvals before construction can commence or an allowable use may be implemented; and

5.

The new application(s) shall be subject to the regulations in effect at time of submittal.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Conformance Required.

1.

A development or new land use allowed by an entitlement, permit, or approval authorized by this chapter shall be in substantial compliance with the approved drawings and plans and any conditions of approval imposed by the review authority, except where changes to the project are approved in compliance with this section.

2.

An applicant shall request any desired changes to an entitlement, permit, or approval to the zoning administrator in writing and shall also furnish appropriate supporting materials and an explanation of the reason(s) for the request.

3.

Requested changes may involve changes to one or more conditions imposed by the review authority or actual changes to the operation, use, or physical characteristics of the project (such as hours of operation, expansion of a use, redesign, etc.) as originally proposed by the applicant or approved by the review authority.

4.

Changes shall not be implemented until first approved by the applicable review authority in compliance with this section and may be requested either before or after construction or establishment and operation of the approved use.

B.

Notice of Hearing. A public hearing in compliance with Chapter 21.26 (Public Hearings and Notice) shall be required for matters that originally required a public hearing, except for the minor changes outlined below in Subsection 21.24.040(C) (Minor Changes by Development Review Committee or Zoning Administrator).

C.

Minor Changes by Development Review Committee or Zoning Administrator.

1.

Development Plan. The development review committee, following criteria established by the planning commission from time to time, may authorize minor changes to an approved development plan.

2.

Site Plan. The zoning administrator, following criteria established by the planning commission from time to time, may authorize minor changes to an approved site plan or plot plan.

3.

Criteria for Approval. The review authority may approve or conditionally approve minor changes to an approved development plan or site plan that:

a.

Are consistent with all applicable provisions of this title and the spirit and intent of the original approval; and

b.

Do not involve a feature of the project that was:

i.

A basis for findings in a negative declaration, mitigated negative declaration, or environmental impact report for the project;

ii.

A basis for conditions of approval for the project;

iii.

A basis for making a required finding in granting the permit or approval; or

iv.

A specific consideration by the review authority in granting the permit or approval.

c.

Do not involve any expansion or intensification of the use or structure.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Any entitlement, permit, or approval granted under this title may be revoked or revised for cause if any of the conditions or terms of the entitlement, permit, or approval are violated or if any law or ordinance is violated.

A.

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

B.

Public Notice, Hearings, and Action. After conducting a duly noticed public hearing, the applicable review authority shall act on the proposed revocation.

C.

Required Findings. The review authority may revoke or modify the entitlement if it makes any of the following findings:

1.

The approval was obtained by means of fraud or misrepresentation of a material fact either through the omission of a material statement in the application, or in public hearing testimony;

2.

Circumstances under which the entitlement, permit, or approval was granted have been changed by the applicant to a degree that one or more of the findings required to grant the original permit or approval can no longer be made;

3.

Failure or refusal to allow inspections for compliance;

4.

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

5.

Improvements authorized by the entitlement, permit, or approval are in violation of any code, law, ordinance, regulation, or statute; or

6.

The use or structure is being operated or maintained in a manner detrimental to the public safety, health and welfare, or to be a nuisance.

D.

Notice of Action. Following review authority action to revoke or modify a permit, the zoning administrator shall issue a notice of action within ten days. The notice shall describe the review authority's action with its findings. The zoning administrator shall mail notice to the permit holder and to any person or entity who requested the revocation proceeding.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

This chapter establishes procedures for the appeal of determinations and decisions rendered by a review authority and for calls for review.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Planning Commission. The planning commission may call for a review of any determination or policy decision rendered by the development review committee, zoning administrator, or director.

B.

City Council. The city council may call for a review of any decision rendered by the planning commission, development review committee, zoning administrator, or director.

C.

Appeals. Appeals must be filed in the manner prescribed by Section 21.25.030 (Filing and Processing of Appeals). The review authority for appeal of each discretionary planning action shall be as listed in Table 21.08.070-1 (Review Authority) and more generally as listed below:

1.

Zoning Administrator and Director Decisions. Any decision of the zoning administrator or director may be appealed to the development review committee or planning commission (see Table 21.08.070-1 (Review Authority) by applicants or any interested party.

2.

Development Review Committee Decisions. Any decision of the development review committee may be appealed to the planning commission by applicants or any interested party.

3.

Planning Commission Decisions. Any decision of the planning commission may be appealed to the city council by applicants or any interested person.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Eligibility to Appeal. Any interested person or agency may appeal a director, zoning administrator, development review committee, or planning commission decision.

B.

Filing and Processing of Appeals.

1.

Director, Zoning Administrator, or Development Review Committee Decisions. Appeals of director, zoning administrator, or development review committee decisions may be made by interested persons or agencies by filing an appeal application, to be received by the department no later than fifteen calendar days following the decision of the director, zoning administrator, or development review committee being appealed. The application shall specify the person making the appeal, the decision being appealed, and shall state in clear and concise language the reasons for the appeal. The appeal shall be scheduled for public hearing with the planning commission as specified in Chapter 21.26 (Public Hearings and Notice) within thirty days of receipt of the letter of appeal.

2.

Planning Commission Decisions.

a.

Appeals of planning commission decisions made by interested persons or agencies must be made in writing and accompanied by a fee to be established by resolution of the city council, and received by the department no later than fifteen calendar days following the decision of the planning commission being appealed. The written application shall specify the person making the appeal, the decision being appealed, and shall state in clear and concise language the reasons for the appeal.

b.

After the filing of an application for an appeal, the director shall refer the application to the city clerk who will schedule the appeal for city council review and hearing. The appeal shall be scheduled for public hearing with the city council as specified in Chapter 21.26 (Public Hearings and Notice).

C.

Decision.

1.

Planning Commission. Following review and consideration of an appeal, the planning commission shall have the authority to modify, overrule, or sustain the decisions of the development review committee, zoning administrator, and director. The decision of the planning commission shall be final unless either of the following occurs:

a.

The planning commission's decision on the appeal is further appealed to the city council in accordance with Paragraph 21.25.030(C)2.; or

b.

The city council calls the planning commission's decision on the appeal up for city council review in accordance with Subsection 21.25.040(B) (Initiation by City Council Members).

2.

City Council. Following a hearing on an appeal or any planning commission decision called up for city council review, the city council shall have the authority to modify, overrule, or sustain the decisions of the planning commission.

D.

Effect of Decision. The determination and order of the planning commission or, if appeal or call for review is had under the foregoing provisions, the determination and order of the city council, is final and conclusive upon the applicant.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Initiation by Planning Commissioners. Any planning commissioner may initiate a call for review of a director, zoning administrator, or development review committee's determination or decision filed no later than fifteen calendar days following the determination or decision. Such request shall be made in writing before the effective date of the action.

B.

Initiation by City Council Members. Any city council member may initiate a call for review of a director, zoning administrator, development review committee, or planning commission's determination or decision filed no later than fifteen calendar days following the decision or determination. Such request shall be made in writing before the effective date of the action.

C.

Consideration of Call for Review. The planning commission or city council's call for review shall be scheduled for public hearing as specified in Chapter 21.26 (Public Hearings and Notice) within thirty days of receipt of the call for review.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

This chapter establishes procedures for public hearings and notice of certain decisions required by this zoning code.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Hearing Requirements. 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:

1.

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

2.

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

3.

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

B.

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

C.

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.

D.

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.

E.

Continuance of Public Hearing. Any hearing may be continued from time to time without further notice, provided the chair of the hearing body announces the date, time, and place to which the hearing will be continued before the adjournment or recess of the hearing.

F.

Investigations. The hearing body 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 review authority.

G.

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

H.

Deferral of Final Decision. The hearing body may announce a tentative decision and defer action on a final decision until appropriate findings and/or conditions have been prepared.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

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

A.

Contents of Public Hearing Notice. Notice of a public hearing shall include all of the following information, as applicable:

1.

Process Information.

a.

The name of the hearing body;

b.

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

c.

A brief description of the city's general procedure concerning the submission of public comments and conduct of hearings and decisions (such as the public's right to appear and be heard).

2.

Project Information.

a.

The name of the applicant and owner of the subject property;

b.

The city's file number(s) assigned to the application;

c.

A general explanation of the matter to be considered;

d.

Whether any modifications to development standards are proposed; and

e.

A general description, in text or by diagram, of the location of the property that is the subject of the hearing.

3.

Statement on Environmental Document. A statement on compliance with the California Environmental Quality Act (CEQA) and the city's CEQA Guidelines and whether the review authority will consider approval of a notice of exemption, a proposed negative declaration or mitigated negative declaration, or certification of a proposed final environmental impact report, as applicable.

B.

Methods of Notice of Public Hearings. Notice of public hearings shall be provided by the department as follows:

1.

Mailed Notice. Postmarked at least ten calendar days before the date of the public hearing, the zoning administrator, or the city clerk for hearings before the city council, shall provide notice by First Class mail delivery to:

a.

The applicant for the proposal in question and the owner of the subject property;

b.

The owners and occupants of all real property within three hundred feet of the site of the proposal in question;

c.

Each local agency expected to provide roads, schools, sewage, streets, water, or other essential facilities or services to the property which is the subject of the application, whose ability to provide those facilities and services may be significantly affected; and

d.

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

2.

Alternative Method for Large Mailings. If the total number of owners and occupants to whom notice would be mailed or delivered is greater than one thousand, instead of mailed notice, the zoning administrator or city clerk may choose to provide the alternative notice allowed by California Government Code Section 65091(a)(4).

3.

Newspaper Notice. At least ten days before the date of the public hearing, notice shall be published in a newspaper of general circulation.

4.

Posted Notice. At least ten days before the date of the public hearing, notice (no less than eleven inches by seventeen inches) shall be posted in a format approved by the department in a prominent place on or near the subject property site.

5.

Additional Notice. In addition to the types of notice required above, the zoning administrator may require any additional notice with content or using a distribution method (such as posting on the city's web site) as the zoning administrator determines is necessary or desirable.

C.

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

D.

Street Abandonments. Public hearings for review of street abandonments shall be noticed as required by the California Streets and Highways Code.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

See Subsection 21.15.050(B) (Site Plan) for notice requirements associated with development review committee meetings for site plan review.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Purpose. This chapter establishes the procedures to request reasonable accommodation for persons with disabilities seeking equal access to housing under the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act ("the Acts") in the application of zoning law and other land use regulations, policies, procedures, and conditions of approval.

B.

Applicability.

1.

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

2.

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

3.

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

4.

An applicant seeking reasonable accommodation pursuant to this chapter may seek an accommodation that is also available under other provisions allowing for modifications of otherwise applicable standards under this title. In such case, an accommodation under this chapter shall be in lieu of any approval, permit, or entitlement that would otherwise be required.

5.

An applicant submitting a request for reasonable accommodation pursuant to this chapter may request an accommodation not otherwise available under this title.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Application Requirements. In addition to any other information that is required under this title, an applicant submitting a request for reasonable accommodation shall provide the following information:

1.

Applicant's name, address, telephone number, and email address;

2.

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

3.

The current actual use of the property;

4.

The code provision, regulation(s), policy, or procedure for which accommodation is requested;

5.

A statement describing why the requested accommodation is reasonably necessary to make the specific housing available to the applicant, including information establishing that the applicant is disabled under applicable laws. Any information related to a disability status and identified by the applicant as confidential shall be retained in a manner so as to respect the applicant's privacy rights and shall not be made available for public inspection;

6.

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

7.

Such other relevant and permissible information as may be requested by the zoning administrator or their designee.

B.

Review Authority. The zoning administrator shall have the authority to consider and act on requests for reasonable accommodation. Requests submitted for concurrent review with another discretionary land use application shall be reviewed by the review authority for the discretionary land use application.

C.

Approval. An application filed pursuant to this chapter may be approved, approved subject to conditions, or denied.

D.

Fees. There shall be no fee in connection with the filing of a request for reasonable accommodation. If the request for reasonable accommodation is filed concurrently with an application for an additional approval, permit or entitlement, the applicant shall pay only the fee for the additional approval, permit, or entitlement.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Findings. Before a reasonable accommodation request may be granted, the review authority shall make all of the following findings:

1.

The person that will live in the housing that is the subject of the modification is a qualified individual with a disability protected under fair housing laws;

2.

The modification is necessary to make housing available to disabled persons protected under fair housing laws;

3.

The requested modification would not impose an undue financial or administrative burden on the city; and

4.

The requested modification would not constitute a fundamental alteration of the city's zoning or building laws, policies, procedures, or subdivision program.

B.

Decision. The zoning administrator shall issue a decision letter within thirty days of deeming the application complete and may either grant, grant with modifications, or deny a request for reasonable accommodations in accordance with the required findings (Subsection 21.27.030(A)).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Any approval or conditional approval of an application filed pursuant to this chapter may provide for its rescission or automatic expiration under appropriate circumstances.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

General. The procedures and requirements in Chapter 21.24 (Entitlement Implementation, Extensions, Amendments, and Revocations), and those related to appeals in Chapter 21.25 (Appeals and Calls for Review) shall apply following the decision on a reasonable accommodation application.

B.

Termination. A reasonable accommodation shall terminate if the accommodation is no longer required, or if the recipient of the accommodation no longer resides at the property.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)