(Reserved)

Under Section 65100 et seq. of the Government Code, there is created the planning agency of the city consisting of the following component members:

A. City council;

B. Planning commission;

C. Zoning administrator; and

D. Planning staff. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

The planning commission shall:

A. Exercise the powers and duties prescribed by statute and ordinance and as assigned by the city council;

B. Initiate preparation of general plans, specific plans, regulations, programs and legislation to implement the planning and zoning power of the city;

C. Be generally responsible for advising the city council of matters relating to planning which, in the opinion of the commission, should be studied;

D. Hear and decide each application for a land use permit referred by the zoning administrator and each application for rezoning;

E. Hear and decide each application for a variance referred to it by the zoning administrator;

F. Be the advisory agency for the purpose of administering the laws and ordinances governing review and approval of subdivisions;

G. Act as the board of appeals to hear and decide each appeal from an order, requirement, decision or determination made by the zoning administrator in the administration and enforcement of the zoning regulations;

H. Hear and decide each proposal for the revocation of a land use permit or variance; and

I. Hear and decide each proposal for design review. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

The office of the zoning administrator is established. The zoning administrator or their designee is the city planner. [Ord. 23-1509 § 16, 2023; Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

The city council shall by resolution adopt rules and regulations for the transaction of business by the zoning administrator. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

The zoning administrator shall, after notice pursuant to PMC 18.14.020(E) and (F) and notice to the planning commission, hear and decide each application for a variance, land use permit or other permit authorized under this title to be issued by the zoning administrator unless the zoning administrator determines that, because of the probable controversial nature of the proposal or because of its significance to the city, the planning commission should hear and decide the application. [Ord. 15-1390 § 3 (Exh. C), 2015; Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

There is in the city government a group of employees known as the planning staff. The administrative officer of the planning staff is the city planner. Subject to approval of the city council, the city manager shall determine which city employees comprise the planning staff. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

The city planner is the chief administrative officer of the planning staff. The city planner shall advise the city council and planning commission; conduct investigations and make reports and recommendations on matters relating to planning and land use, zoning, subdivisions, design review, development plans, and architectural and environmental controls. The city planner shall review such other matters as directed. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

Where the city planner is authorized either by a provision in this title or by direction of the planning commission to exercise discretion in connection with a specific land use matter, the city planner shall first give notice to the planning commission of intent to exercise the authority granted. Any member of the planning commission may elect to have the matter considered by the entire commission. In this case, the city planner shall schedule the matter for consideration by the planning commission at the earliest reasonable time. The planning commission may make the determination itself or refer the matter back to the city planner. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

The city planner shall prescribe the form for each application provided for or required under this title. The city planner may require an applicant to submit such information and supporting data considered necessary to the processing of the application. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

The city council shall by resolution fix the fee to be charged for the filing and processing of each application, the preparation of environmental impact documents and the appeal from the decision of a subordinate agency. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

Only a qualified applicant (including an agent of the applicant) may file an application. A qualified applicant is a person who has either (1) a freehold interest in the land which is the subject of the application, (2) a possessory interest in that land which gives entitlement to exclusive possession, or (3) a contractual interest which is specifically enforceable and thereby may become a freehold or exclusive possessory interest. The city planner may require an applicant to submit proof of the interest. The city planner may require an agent to submit evidence of authority to act for the applicant. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

Each application for design review approval shall be accompanied by the information required by PMC 18.36.210. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

The city planner shall endorse on the application the date it is received. The city planner shall review each application and may reject it within 30 days if it is incomplete or inaccurate. If it is found that it is complete, the city planner shall accept it for filing. When a public hearing is required, the city planner shall fix the time for the holding of a public hearing. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

The city planner shall give the notice of public hearing required by law. The form of the notice shall contain:

A. The time and place of the hearing;

B. A general explanation of the matter to be considered, including a general description of the area affected;

C. Other information that is required by statute or specific provision of this code or which the city planner considers necessary or desirable. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

*    References are to the Government Code.

These notice requirements are declaratory of existing law. If state law prescribes a different notice requirement, notice shall be given in that manner. A reviewing body designated to hear a matter may direct that notice be given in a manner that exceeds the notice requirement prescribed by state law. [Ord. 16-1418 § 4 (Exh. A), 2016; Ord. 15-1390 § 3 (Exh. C), 2015; Ord. 10-1327 § 3 (Exh. A), 2010; Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

The city council shall adopt rules governing the conduct of public hearings by the zoning administrator, the planning commission and the city council. The rules shall comply with minimum procedural standards prescribed by Government Code Section 65804. Each component of the planning agency (PMC 18.10.010) may supplement the rules prescribed by the city council by adopting such additional rules as it determines necessary or convenient. The public hearing shall be conducted in accordance with the applicable rules. Each person interested in the matter shall be given an opportunity to be heard. In each case the applicant has the burden of proof at the public hearing on the application and at the public hearing on the appeal. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

A. In each case where a reviewing body is designated to make a decision of an adjudicatory nature as the result of a proceeding in which a hearing is required by state law or this code to be given, the body shall make findings to support its decision.

B. Subsection (A) of this section applies only to a determination made in the reviewing body’s adjudicatory capacity. It does not apply to an action of a legislative nature such as a recommendation for an adoption of a land use regulation. The existence or nonexistence of a determination in connection with a legislative action does not affect the validity of that action unless otherwise directed by state law. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

Before the planning commission makes its recommendation on an application for (1) a change of zoning district applicable to the subject property or (2) a change in the text of a land use regulation, it shall make specific written findings in accordance with PMC 18.48.030. [Ord. 15-1390 § 3 (Exh. C), 2015; Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

The reviewing body shall comply with PMC 18.36.120 and 18.36.220 prescribing the standards applicable to the process of design review required by Chapter 18.36 PMC. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

A use permit may be granted only after a determination that the proposed use:

A. Is in accord with the objective of this title, the purposes of the land use district in which it is located and is appropriate to the specific location;

B. Is not detrimental to the health, safety, and general welfare of the city;

C. Will not adversely affect the orderly development of property within the city;

D. Will not adversely affect the preservation of property values and the protection of the tax base and other substantial revenue sources within the city;

E. Is consistent with the objectives, policies, general land uses and programs specified in the general plan and applicable specific plan;

F. Will not create a nuisance or enforcement problem within the neighborhood;

G. Will not encourage marginal development within the neighborhood;

H. Will not create a demand for public services within the city beyond that of the ability of the city to meet in the light of taxation and spending restraints imposed by law;

I. Is consistent with the city’s approved funding priorities; and

J. If located within the pedestrian commercial (CP) district, will support the goals of creating a vibrant, economically prosperous, visually interesting, and engaging pedestrian oriented atmosphere along the primary downtown corridor. [Ord. 17-1439 § 4 (Exh. A), 2018; Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

A variance may only be granted when:

A. Because of special circumstances concerning the subject property including size, shape, topography, location or surroundings, the strict application of the zoning regulations deprives the property of privileges enjoyed by other properties in the vicinity and in the same land use district;

B. The variance will not constitute a grant of special privilege which is not generally available to other property in the vicinity and in the same land use district;

C. The variance substantially complies with the intent and purpose of the land use district to which the property is classified; and

D. In the case of a variance from open space regulations, the grant of a variance is consistent with Government Code Section 65911 and will not conflict with general plan policies governing orderly growth and development and the preservation and conservation of open space lands. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

A. The planning commission may not approve a tentative subdivision map unless it finds with reference to the proposed subdivision that each of the conditions set forth in PMC 17.20.060(C) exists.

B. The planning commission shall deny approval of a tentative subdivision map and the city council shall deny approval of a tentative subdivision map if it determines that approval will result in any of the conditions described in Government Code Section 66474. However, if the planning commission has previously approved a tentative subdivision map by final decision, the city council may not deny approval of the final subdivision map if the final map is in substantial compliance with the previously approved tentative subdivision map. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

A. Form. After hearing the evidence and considering the application, the reviewing body shall make its decision. The decision shall be in the form of a written statement, minute order or resolution, as the case may be, and shall be accompanied by reasons sufficient to inform as to the basis for the decision.

B. Time. The reviewing body shall make its decision and formulate its written findings within 30 calendar days after the close of the public hearing.

C. Notice of Decision. The city planner shall have notice of the decision mailed to the applicant at the address given in the application and to each person who requests in writing notice of the proceedings.

D. Acceptance Is Applicant’s Agreement. The applicant’s acceptance of the decision is an agreement to comply with the decision and its terms and conditions. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

If a component member of the planning agency (PMC 18.10.010) denies the application and the decision is final, no person may file a new application for substantially the same request for a period of one year from the date the action of the city is final except as provided in PMC 18.18.030 for denial “without prejudice.” [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

If the application is denied “without prejudice” the applicant may reapply for substantially the same request without complying with the time limit prescribed in PMC 18.18.020. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

A decision of a component member of the planning agency is not final until the time for appeal expires. The time for appeal is as follows:

A. In the case of an appeal from the planning commission recommendation against changing property from one land use classification to another, within five calendar days after the planning commission files its recommendation with the city council (Government Code Section 65856);

B. In the case of an appeal from action by a component member of the planning agency, within 10 calendar days after the date of the decision. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

The planning commission shall hear an appeal from the decision of the planning staff and the zoning administrator. The city council shall hear an appeal from the decision of the planning commission. The decision of the city council is final. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

A. Notice of Appeal. A person desiring to appeal the decision of a component member of the planning agency shall file a written notice of appeal with the city planner within the time required by PMC 18.18.040.

B. Form of Notice on Appeal. The notice of appeal shall contain the name and address of the person appealing the action, the decision appealed from and the grounds for the appeal. The city planner may provide the form of the notice of appeal. A defect in the form of the notice does not affect the validity or right to an appeal.

C. Action on Appeal. The city planner shall set the matter for hearing before the reviewing body and shall give notice of the hearing on the appeal in the time and manner set forth in PMC 18.14.010 and 18.14.020.

D. De Novo Hearing. The reviewing body shall hear the appeal as a new matter. The original applicant has the burden of proof. The reviewing body may act upon the application, either granting it, conditionally granting it or denying it, irrespective of the precise grounds or scope of the appeal. In addition to considering the testimony and evidence presented at the hearing on the appeal, the reviewing body shall consider all pertinent information from the file as a result of the previous hearings from which the appeal is taken.

E. Decision on Appeal. The reviewing body may reverse or affirm in whole or in part, or may modify the order, requirement, decision or determination appealed from. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

An applicant may appeal the failure of a component member of the planning agency to act on an application if the failure to act continues beyond a reasonable time and the time to act is not otherwise fixed by law. The reviewing body shall consider all of the circumstances surrounding the application in determining what is a reasonable time. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

A. Any person may appeal a decision, requirement or determination made by the city staff in the administration of the land use regulations not otherwise provided for. The zoning administrator shall hear the appeal in the first instance. The appeal shall be in writing, filed with the city planner and shall specifically set forth the decision appealed from and the grounds for the appeal. The notice of appeal shall be filed within 10 calendar days of the date of the action appealed.

B. Upon receiving the notice of appeal, the zoning administrator shall set the matter for hearing and shall give the person appealing written notice of the time and place of hearing at least 10 calendar days before the hearing. The hearing shall be held within 30 calendar days of the date the notice of appeal is filed. The parties may extend this time by agreement.

C. The decision of the zoning administrator is final 10 calendar days after notice is given to the appellant of the ruling on the appeal, unless an appeal is taken from the decision. Such an appeal is to the planning commission. The notice of appeal shall be in the form provided by PMC 18.18.060(A) and (B) and shall be filed with the city planner within 10 calendar days after the date of the decision.

D. Upon receiving the appeal from the decision, the city planner shall schedule the appeal for consideration by the planning commission within 30 calendar days and shall give the appellant 10 calendar days’ notice of the time and place of the hearing. The decision of the planning commission may be appealed to the city council in the same manner and within the same time from its decision as is provided in the case of an appeal from the city manager’s decision, as described in PMC 1.08.060 and 1.08.070. The decision of the city council is final. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

The notice of appeal shall be accompanied by the fee fixed by resolution of the city council. The reviewing body may waive the fee where it finds that it is in the interests of justice to do so under the particular circumstances. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

A. A city council member, a planning commissioner or the city manager may appeal the decision of a component member of the planning agency (PMC 18.10.010). The appeal shall be processed in the same manner as an appeal by any other person but need not be accompanied by the fee prescribed for an appeal.

B. The city council member, planning commissioner or city manager appealing the decision is not disqualified by that action from participating in the appeal hearing and the deliberations nor from voting as a member of the reviewing body. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

A. The component member of the planning agency (PMC 18.10.010) making the decision may reconsider its decision upon request from an interested party to do so if it determines that there were important factual or legal matters which it failed to consider before making the decision.

B. The request for reconsideration shall be filed in writing within the time allowed to appeal setting forth the factual or legal matters which were not considered. In the case of a request for reconsideration of a decision of the city council, the request shall be filed within 15 calendar days of its decision.

C. The request shall be acted upon at the next meeting. If the request is denied, the time to appeal is extended only by the number of days required to hear and decide the request. If the request is granted, the city shall give notice in the same manner provided for the giving of notice of the original application. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

The decision of a component member of the planning agency becomes effective at the end of the appeal period. The decision of the city council is final on the date of its decision. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

Section 1094.6 of the Code of Civil Procedure applies to adjudicatory administrative decisions made under this title. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

A. Use permit and a variance provide flexibility in the application of land use and development regulations when necessary to achieve the purposes of this title.

1. Use Permit. A use permit is typically required for a use classification having unusual site development features or operating characteristics requiring special consideration so that the use may be designed, located, and operated compatibly with uses on adjoining properties and in the surrounding area.

2. Variance. A variance is intended to resolve practical difficulties or unnecessary physical hardships that may result from the size, shape, or dimensions of a site or the location of an existing structure on it; from geographic, topographic, or other physical conditions on the site or in the immediate vicinity; or from street locations or traffic conditions in the immediate vicinity of the site. The cost to an applicant of strict compliance with a regulation may not be the sole reason for granting a variance.

B. A variance may be granted with respect to landscaping, screening, site area, site coverage, site dimension, yard, height of structure (except a fence or wall), distances between structures, open space, off-street parking and off-street loading, frontage, performance standard, or other regulation affecting the size, shape or design of a site or the placement of a building on it.

C. The authority to grant a variance does not extend to use regulations because the flexibility necessary to avoid results inconsistent with the land use objectives of this title is provided by the use permit process for specified uses and by the authority of the zoning administrator to determine whether a specific use belongs within one or more of the use classifications listed in Chapter 18.08 PMC. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

A. Use Permit. Unless otherwise designated by this title for review by the zoning administrator, the planning commission shall hear and decide each application for a use permit.

B. Variance. The zoning administrator shall hear and decide each application for a variance. [Ord. 15-1390 § 3 (Exh. C), 2015; Ord. 07-1284 § 3 (Exh. C), 2007.]

A. The reviewing body may impose such reasonable conditions to the grant of use permit or variance as it considers necessary to:

1. Carry out the purpose and intent of this title and the purpose of the land use district in which the property is located;

2. Comply with the general plan;

3. Protect the public health, safety and general welfare; and

4. Ensure that the operation of the use is compatible with existing and potential uses on properties in the surrounding area.

B. The conditions that may be imposed include, but are not limited to, dedication of right-of-way, construction of public facilities and other improvements, plan approval, architectural standards, access controls, time limitation, phasing of improvements, planting and screening. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

A variance in the requirements necessary to the consideration of a tentative map of a subdivision may be considered and granted or denied in accordance with and as part of the consideration governing the approval of subdivisions. Notice of the hearing shall be given as for notice of the hearing on an application for a variance (PMC 18.14.020). [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

A temporary activity permit authorizing a temporary use is subject to the following provisions:

A. Duties of the City Planner. The city planner shall approve, approve with conditions, or deny an application. No notice or public hearing is required.

B. Required Findings. A temporary activity permit may only be granted if the city planner finds that:

1. The proposed temporary use will be located, operated, and maintained consistent with the policies of the general plan and the provisions of this title; and

2. Approval of the application will not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare.

C. Conditions of Approval. In approving a temporary activity permit, the city planner may impose conditions necessary to:

1. Achieve the general purposes of this title and the specific purposes of the land use district in which the temporary use will be located;

2. Protect the public health, safety, and general welfare; and

3. Ensure operation and maintenance of the temporary use in a manner compatible with existing uses in the surrounding area.

D. Effective Date – Duration – Appeals. The temporary activity permit is valid for a specified time period not to exceed 45 days. A temporary activity permit lapses if not used within the dates approved. The city planner may revoke the permit effective immediately upon verbal or written notice for violation of the terms of the permit. The city planner may approve changes in a temporary activity permit. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

A request for a change in a condition of approval of a use permit, variance, a temporary activity permit or a change to development plans that would affect a condition of approval shall be treated as a new application. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

If a use permit or variance is not exercised, used or established within one year of its grant or the time otherwise specified in the permit, the permit automatically expires. A use permit or variance issued under this title is considered to be exercised, used or established when, within one year of its grant or within the time otherwise specified in it, a building permit is issued for the purpose and location described in it. If no building permit is required to establish the variance, use or other matter granted, then the permit is considered to be exercised, used or established when clear and visible evidence as to its beginning and reasonable progress toward completion is demonstrated.

A time period stated in the permit governs over this provision. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

A. Use Permit. In the case of a use permit, upon a showing of good cause the applicable original reviewing body may extend the period for initially exercising the use permit for a maximum of one additional year.

B. Variance. In the case of a variance, upon a showing of good cause the zoning administrator may, after notice to the planning commission, extend the period for initially exercising a variance for a maximum of one additional year. [Ord. 15-1390 § 3 (Exh. C), 2015; Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

If a use is established under a use permit or variance and the use is discontinued for any reason for a period of nine months, the permit becomes void and the use may not be resumed. Upon application during the nine-month period by the owner and upon a showing of good cause, the city planner may grant an extension not to exceed a total of three months. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

The planning commission may revoke a use permit or variance on any of the following grounds:

A. Violation of a zoning regulation of the city;

B. Violation of a term, limitation or condition;

C. Causing or allowing a nuisance in connection with the premises; or

D. Conviction of a violation of federal or state law or city ordinance in connection with the operation of the permitted use. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

If the planning commission finds that there is probable cause for revoking a use permit or variance, the planning commission shall direct the city planner to give notice of a hearing to the permittee and the public in the same manner as prescribed for the original application.

The public hearing shall be conducted in the same manner as the original application, except that the city has the burden of proving the grounds for revocation. If the planning commission finds that grounds for revocation exist, it may revoke the use permit or variance or impose conditions to its continuance.

An order revoking or failing to revoke a use permit or variance may be appealed to the city council in accordance with the provisions of this title relating to appeals on original applications. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

It is the policy of the city of Pittsburg, pursuant to the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act, to provide individuals with disabilities reasonable accommodation in rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. This chapter establishes a procedure for making requests for reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures to comply fully with the intent and purpose of fair housing laws. [Ord. 15-1389 § 3 (Exh. A), 2015.]

A. “Disabled person” means any person who has a medical condition, physical disability, or mental disability that substantially limits one or more of the person’s major life activities; has a record of such impairment; or is regarded as having such an impairment, as those terms are defined in the California Fair Employment and Housing Act (Government Code Sections 12925 through 12928, as may be amended from time to time).

B. “Fair housing laws” means the federal Fair Housing Amendments Act of 1988 (42 USC Section 3601 et seq.) and the California Fair Employment and Housing Act (Government Code Sections 12900 et seq.), as those acts may be amended from time to time.

C. “Reasonable accommodations” provide flexibility in the application of land use and zoning regulations and building regulations, policies, practices and procedures to eliminate barriers to housing opportunities for disabled persons. Reasonable accommodations may include, but are not limited to, the following: yard area modifications for ramps, handrails or other such accessibility improvements; hardscape additions such as widened driveways, parking areas or walkways; building additions for accessibility; tree removal; or any other standard that inhibits accessibility. Reasonable accommodation does not include an accommodation that would (1) impose an undue financial or administrative burden on the city; (2) require a fundamental alteration in the nature of the city’s land use and zoning program; or (3) waive a land use regulation of this title. [Ord. 15-1389 § 3 (Exh. A), 2015.]

This chapter shall apply when the application of standard land use, zoning and building regulations, policies, practices and procedures interferes with a disabled individual’s use or enjoyment of the dwelling unit in which the individual resides. [Ord. 15-1389 § 3 (Exh. A), 2015.]

A. Requests for reasonable accommodation shall be made by a qualified applicant or his or her designee and submitted on an application form provided by the city planner. The application shall contain the following information:

1. The applicant’s name, address and telephone number. If applicable, applicant designee’s name, address and telephone number.

2. The property owner’s name, address and telephone number, if different from the applicant.

3. Address of the property for which the request is being made.

4. The current actual use of the property.

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

6. The type of accommodation sought and the basis for the claim for which a request for reasonable accommodation is sought and documentation to support such claim.

7. The reason that the requested accommodation is reasonable and necessary for the individual(s) with the disability to use and enjoy the housing.

8. If the disability is not permanent, an indication of the timing and anticipated duration for needing the reasonable accommodation, to the extent permitted by applicable law.

9. Additional information to support the request including, but not limited to, copies of memoranda, correspondence, pictures, plans, background information or other supportive information consistent with fair housing laws.

B. Review with Other Land Use Applications. If the project for which the request for reasonable accommodation is being made also requires another discretionary approval including but not limited to conditional use permit, design review, general plan amendment, zoning amendment or other approval, the applicant shall file the information required in subsection (A) of this section together for concurrent review with the application for discretionary approval.

C. If an individual needs assistance in making the request for reasonable accommodation, the city will provide assistance to ensure that the process is accessible.

D. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and, to the extent permitted by law, shall not be made available for public inspection. [Ord. 15-1389 § 3 (Exh. A), 2015.]

A. City Planner. Requests for reasonable accommodation for a single-family home shall be reviewed by the city planner or designee if there are no additional discretionary approvals sought other than the request for reasonable accommodation.

B. Other Review Authority. Requests for reasonable accommodation for residential uses other than a single-family home or a request for a reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the zoning administrator, planning commission, or city council, as applicable. [Ord. 15-1389 § 3 (Exh. A), 2015.]

A. City Planner Review. If the application for reasonable accommodation is not for residential uses other than a single-family home, and is not accompanied by any other discretionary application, the city planner shall issue a written decision within 30 days after the application is deemed complete if the requested reasonable accommodation is found to be in accordance with PMC 18.30.070 (Decision).

B. Other Reviewing Authority. In the event that the request for reasonable accommodation is for uses other than a single-family home or is accompanied by other discretionary applications, the planning commission or city council, as applicable, shall issue a written decision on the reasonable accommodation request at the same time as it makes a decision on the discretionary application. In reviewing the request for reasonable accommodation, the reviewing authority shall consider no criteria other than those described in PMC 18.30.070 (Decision), regardless of its review of applications for other land use entitlements or the criteria for considering such other applications.

C. If necessary to reach a decision on the request for reasonable accommodation, and if consistent with fair housing laws, the city planner or other reviewing authority may request further information from the applicant specifying in detail the information that is required. Such additional information may include, but is not limited to, copies of memoranda, correspondence, pictures, plans, background information or other supportive information consistent with fair housing laws. In the event that a request for additional information is made, the 30-day period to issue a decision is stayed until the applicant provides the requested information.

D. Notice Required.

1. No fewer than 10 calendar days prior to making a decision on an application for reasonable accommodation, the city planner shall mail notice of the request to each owner of property located within 300 feet of the boundaries of the property for which the reasonable accommodation is requested. The notice shall include the address of the reasonable accommodation and a general description of the requested accommodation. The notice shall specify the date on which the decision on the reasonable accommodation is scheduled to be made, and shall provide an explanation of the means by which owners of property within the specified radius can provide written or verbal comments on the reasonable accommodation request on or prior to the scheduled date of the decision.

2. Notwithstanding subsection (D)(1) of this section, if one or more discretionary actions requiring a public hearing are associated with a reasonable accommodation request, the notice of consideration of a reasonable accommodation request shall be provided as part of and in the same manner as the notice required for the related discretionary action, as specified in PMC 18.14.020. [Ord. 15-1389 § 3 (Exh. A), 2015.]

A. Findings. The reviewing authority shall grant the request for reasonable accommodation if it can make the following findings:

1. The housing that is the subject of the request will be utilized by a disabled individual pursuant to fair housing laws;

2. The request for reasonable accommodation is necessary to make specific housing available to an individual with a disability pursuant to fair housing laws;

3. The requested accommodation would not impose an undue financial or administrative burden on the city; and

4. The requested accommodation would not require a fundamental alteration in the nature of the city’s land use, zoning or building regulations.

B. Notice to Applicant. Notice of the reviewing authority’s decision shall be provided to the applicant. The written decision shall give notice of the applicant’s right to appeal and to request reasonable accommodation in the appeals process as set forth in PMC 18.30.090.

C. Notice to Neighbors. Notice of the reviewing authority’s decision shall be provided to each owner of property located within 300 feet of the boundaries of the property for which the reasonable accommodation was requested. The notice shall include the address of the reasonable accommodation and a general description of the accommodation. The notice shall include information regarding the owner’s right to appeal the reviewing authority’s decision. [Ord. 15-1389 § 3 (Exh. A), 2015.]

In granting a request for reasonable accommodation, the reviewing authority (city planner, zoning administrator, planning commission or city council) may impose conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with PMC 18.30.070 (Decision), and may offer alternative reasonable accommodations that may provide an equivalent level of benefit. Conditions may be imposed to ensure that any removable structures or physical design features that are constructed or installed in association with the reasonable accommodation be removed once those structures or physical design features are no longer necessary to afford the individual with a disability for whom the reasonable accommodation was granted; or to reduce impacts on neighbors and to preserve the character of the surrounding environment. [Ord. 15-1389 § 3 (Exh. A), 2015.]

A. A decision related to a request for reasonable accommodation for a multifamily residential use may be appealed in accordance with Chapter 18.18 PMC (Decisions and Appeals).

B. A decision related to a request for reasonable accommodation for a single-family residential use may be appealed in accordance with Chapter 18.18 PMC (Decisions and Appeals), except that only the applicant, the applicant’s representative and owners of property within 300 feet of the project location may appeal a decision made under this chapter.

C. If an individual needs assistance in filing an appeal on an adverse decision, the city will provide assistance to ensure that the appeals process is accessible.

D. Any information identified by an applicant as confidential in his or her notice of appeal shall be retained in a manner so as to respect the privacy rights of the applicant and, to the extent permitted by law, shall not be made available for public inspection. [Ord. 15-1389 § 3 (Exh. A), 2015.]

A. Purpose. The purpose of zoning approval is to ensure that each new or expanded use or structure complies with this title. The process of zoning approval may be combined with the consideration of any other entitlement.

B. Zoning Approval Required. Zoning approval is required before issuance of:

1. Building permit (PMC Title 15);

2. Certificate of occupancy (PMC Title 15);

3. Fence height exception (PMC 18.84.205(F)(2));

4. Grading permit (PMC Title 15);

5. Home occupation permit (PMC 18.50.400 through 18.50.410);

6. Tree removal permit (PMC 18.84.825 through 18.84.870);

7. Outdoor dining permit (PMC 18.84.430);

8. Utility service connection (PMC Title 13);

9. Modification of an existing use or change in use classification of a building or a site.

C. Requirement for Notice and Hearing. In considering zoning approval for (1) fence height exception; (2) home occupation permit; (3) removal of a protected tree; or (4) reestablishment of abandoned or discontinued nonconforming uses in the mixed use districts, the zoning administrator shall first hold a noticed public hearing (PMC 18.14.020) and may not grant zoning approval unless the applicable standards are considered or the findings are made, as prescribed in the following sections:

1. PMC 18.84.205(F)(2) in the case of a fence height exception;

2. PMC 18.50.410 in the case of a home occupation permit;

3. PMC 18.84.850(E) in the case of a tree removal permit;

4. PMC 18.76.040(D)(3) in the case of reestablishment of an abandoned or discontinued use in the M district or Railroad Avenue specific plan PD district. [Ord. 16-1418 § 4 (Exh. A), 2016; Ord. 15-1390 § 3 (Exh. C), 2015; Ord. 10-1327 § 3 (Exh. A), 2010; Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 05-1257 § 4, 2005; Ord. 979 § 2 (Exh. A), 1990.]

The city planner may require that an application for a zoning approval for grading that will affect more than 160 cubic yards of earth be accompanied by plans and related materials showing the proposed development, alteration, enlargement, or reuse of the property affected. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

The city planner shall grant zoning approval upon determining that the use or structure complies with this title and that environmental documentation, if any, required by the California Environmental Quality Act (CEQA) is complete. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

A zoning approval and a zoning permit is each effective on issuance. It lapses according to its terms, if any, or upon revocation.

The denial or revocation of zoning approval or a zoning permit is subject to appeal as provided for in Chapter 18.18 PMC. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

A change to a project or plan following issuance of zoning approval but before issuance of a building permit requires a new zoning approval if the change affects compliance with this title. The city planner may waive the requirement for a new zoning approval if the change to an approved plan is minor, does not involve substantial alteration or addition to the plan and is consistent with the intent of the original approval. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

A project shall be the subject of a negative declaration or an environmental impact report (EIR) if it is not ministerially or categorically exempt from the California Environmental Quality Act (CEQA) and is the subject of an application for a discretionary approval, including a general plan amendment, zoning map or text amendment, subdivision design review, use permit, master plan, specific plan, PD plan, or is subject to environmental review for any other reason.

A. Determination of Lead Agency. The city planner may designate as the lead city department (the lead agency as the term is defined by CEQA guidelines) the individual or body having the broadest discretionary approval responsibilities, and may designate the planning commission, the city planner or the city council.

B. Duties of Responsible Agencies. Individuals and bodies other than the lead agency shall have the powers and responsibilities assigned to responsible agencies by CEQA and CEQA guidelines. [Amended during 2007 recodification; Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

A. Findings. The city council finds that:

1. The appearance of open spaces, buildings, and structures has a material and substantial relationship to the health, safety and general welfare; properties characterized by one or more of the conditions set forth in subsection (A)(2) of this section affect the health, safety and general welfare of the city;

2. Neighborhoods can and will deteriorate because of poor planning, neglect of proper design standards, the existence of buildings and structures unsuitable to and incompatible with the character of the neighborhood and the character of the community. This has resulted in the lowering of property values, the discouraging of maintenance and improvement of surrounding properties, has precluded the most appropriate development of other properties in the vicinity, and has impaired the public health, safety and welfare;

3. The quality of life and stable property values are enhanced by good quality design. The city should take positive steps to encourage quality design in all land use districts.

B. Statement of Policy. It is the policy of the city to prevent deterioration and to preserve and enhance property values, the visual character of the community and the public health, safety and welfare of its citizens. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

The purpose of this chapter is to provide for the review of the design of projects proposed in all land use districts.

Design control should be the minimum necessary to achieve the objectives of the chapter and the policy of the city. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

Article II. Design Review in Single-Family Land Use Districts

A. Duty to Review. The city planner shall review each application for a building permit in a single-family land use district where the proposed construction is aboveground or materially alters the existing grade; provided, however, that all wireless facilities in the public right-of-way shall be subject to Article XX (Wireless Telecommunications Facilities) of PMC Chapter 18.84. The purpose of this review is to avoid substandard development and to ensure that improvements within residential neighborhoods maintain consistent standards of design and to ensure that development is consistent with criteria adopted under PMC 18.36.120.

B. Procedure for Review.

1. If the city planner finds that the application is consistent with the criteria adopted under PMC 18.36.120, the city planner shall approve issuance of a building permit.

2. If the city planner finds the application is inconsistent with the criteria adopted under PMC 18.36.120, the city planner shall advise the building inspector and the building inspector may not issue the building permit.

3. If the city planner is in doubt as to whether the application is consistent with the criteria adopted under PMC 18.36.120, the city planner shall notify the planning commission and it shall at its next scheduled meeting act upon the application. [Ord. 16-1418 § 4 (Exh. A), 2016; Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

In the case of a single-family residential subdivision of five or more lots where the subdivider intends to build single-family residences and at the time of the subdivision approval process the subdivider has prepared building designs, the design review process shall be undertaken by the planning commission concurrently with the subdivision approval process. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

The planning commission shall prescribe by resolution the criteria to be used in plan review at each level of review. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

Article III. Design Review in Land Use Districts Other Than Single-Family Residential

The planning commission shall review the design of the building proposed in an application for a land use permit or a building permit, as the case may be, in each land use district other than single-family residential.

The city council shall adopt design guidelines that shall be applied by the zoning administrator, the planning commission, and on appeal, the city council, in any application for a zoning permit in that portion of the downtown designated commercial core, as depicted in Figure 5-1 of the general plan, as amended from time to time. Said guidelines shall conform to the provisions of PMC 15.84.080. Said guidelines are to be set forth in pictorial or narrative form and may illustrate undesirable as well as desirable examples of design. A document containing the guidelines shall be available for public reference in the planning department. The city council may periodically review these guidelines and may make appropriate amendments. Should any section of the guidelines conflict with any sections of this code, then the guidelines will prevail for the downtown commercial core. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 05-1252 § 2, 2005; Ord. 979 § 2 (Exh. A), 1990.]

A. Site plan showing:

1. General location of property;

2. Property boundaries;

3. Existing topography and proposed grading (for property no less than 10 acres, a contour interval no greater than five feet and a horizontal map scale of one inch equals 50 feet or larger shall be used; for property larger than 10 acres, a contour interval no greater than 10 feet and a horizontal map scale of one inch equals 100 feet or larger shall be used);

4. All existing and proposed structures, the height of each structure and number of dwelling units in each structure;

5. All existing and proposed signs;

6. Location and approximate height of all adjacent structures on abutting sites;

7. Location, dimensions and quantity of existing and proposed off-street parking, with a statement indicating whether it conforms to applicable regulations;

8. Existing and proposed vehicular and pedestrian ways, and trails, with grades, widths and types of improvements;

9. Proposed vehicular access between site and public street;

10. Locations, names and widths of abutting streets;

11. Existing and proposed utilities;

12. Existing and proposed recreational facilities;

13. Existing and proposed storm drainage facilities;

14. Location of existing trees on the site;

15. Locations and heights of existing and proposed retaining walls;

16. Locations and dimensions of trash disposal areas;

17. Roof overhangs;

18. Distances between buildings and from building walls to property lines;

19. Proposed street names;

20. Handicap facilities;

B. Architectural drawings showing:

1. Floor plans at one-eighth inch or one-quarter inch equals one foot zero inches;

2. Four elevations (or more if necessary) to include all sides of development at no less than one-eighth inch equals one foot zero inches;

C. Landscaping plan, including plant names and sizes, and an irrigation plan;

D. A recent photograph of the site itself and of adjacent properties showing the current condition of the properties;

E. Color and texture chips of actual samples of materials;

F. Additional information which may be requested by the planning commission including but not limited to the following:

1. Recent photographs of sight line profiles in sufficiently large scale, taken from commonly used vantage points in the city (shopping centers, road intersections, scenic lookouts, etc.) with the outline of the proposed structure in proper scale and perspective superimposed on it;

2. Architectural drawings showing the locations, size, color, shape and type of illumination of each proposed sign;

G. Other information as determined by the city planner. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

A. The planning commission shall consider the following aspects of each application to the extent that they are applicable to the proposal:

1. Maximum height, lot coverage and setbacks (if not covered in the zoning ordinance);

2. Overall mass and bulk of structures;

3. Special features of the development, such as walls, screen, towers and signs;

4. Effective concealment and sound attenuation of exposed mechanical and electrical equipment;

5. Colors and materials on the exterior face of building or structure, striving for a limited number of colors and materials for each project;

6. Avoidance of repetition of identical entities whenever possible;

7. Harmonious relationship with existing and proposed adjoining developments, avoiding both excessive variety and monotonous repetition, but allowing similarity of style, if warranted;

8. Pleasing landscaping which incorporates existing landscaping and terrain as a complement to the structure, using plants which thrive in the Pittsburg climate and which are large enough in size to be effective.

B. The standards to be used by the planning commission in reviewing an application are whether:

1. The structure conforms with good taste, good design and in general contributes to the character and image of the city as a place of beauty, spaciousness, balance, taste, fitness, broad vistas, and high quality;

2. The structure will be protected against exterior and interior noise, vibrations and other factors which may tend to make the environment less desirable;

3. The exterior design and appearance of the structure is not of inferior quality as to cause the nature of the neighborhood to materially depreciate in appearance and value;

4. The structure is in harmony with proposed developments on land in the general area;

5. The application conforms with the criteria set forth in any applicable city-adopted design guidelines.

C. Standards for Review for Designated Historic Buildings and All Properties Located in a Designated Historic District. The reviewing authority shall utilize the standards for design review set forth in subsections (A) and (B) of this section, and the adopted design guidelines described in PMC 15.84.080, Design criteria code. The reviewing authority shall also find:

1. With regard to an application for design review of a designated historic building, or designated contributing building within a historic district, the proposed work will not adversely affect the exterior character-defining features of the structure.

2. With regard to an application for design review of a designated noncontributing building, or an application for new development located within a designated historic district, the reviewing authority shall find that the proposed improvement complements adjacent development through massing, form, composition, setbacks, fenestration, exterior architectural features, materials, finishes, colors and details of ornamentation among other building elements and features. [Ord. 07-1290 § 5, 2007; Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 05-1252 § 2, 2005; Ord. 979 § 2 (Exh. A), 1990.]

The planning commission shall discuss the application for design review approval and integrate it with the land use approval process applicable to the project. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

Approval terminates according to its terms, if any, or upon the expiration of one year from approval unless a building or grading permit has been issued. The planning commission may extend the duration of the approval upon written request filed within the effective period of approval. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

Article IV. Hearing and Appeal Procedures

A. Single-Family Residential. The authority reviewing the application in a single-family residential land use district shall, in the case it denies approval, make written findings and provide a copy to the applicant within 10 calendar days of the decision.

B. Other Than Single-Family Residential. The planning commission, or the city council in the case of an appeal, shall make written findings for its decision (PMC 18.16.010(A)). [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

Before a decision to approve is made at a level of review below the planning commission, a planning commissioner may request that the matter be heard by the planning commission. The planning commission shall either make the final decision or refer the matter back to the initial level of review for further consideration. Written notice that the planning commission has taken over the processing of the application shall be given to the applicant and to each person who has filed a written request for notice with the city planner. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

The reviewing authority may impose conditions to the granting of approval of design review if it finds that the building or structure proposed does not meet the applicable design review standards. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

The requirement for giving of notice under this chapter is as follows:

A. For design review in single-family residential land use districts:

1. Notice of time and place when the city planner intends to review the application or present it to the planning commission (PMC 18.36.100(B)(3));

2. Notice of the time and place when the planning commission will consider the matter (PMC 18.36.100(B)(3) and 18.36.110);

3. Notice of time and place of hearing shall be given as prescribed by PMC 18.36.350.

B. For design review in all other land use districts: notice of time and place when the planning commission intends to hear the application (PMC 18.36.230).

C. For a hearing on an appeal: notice of time and place when the body to which a matter is appealed will hear the appeal (PMC 18.36.350). [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

The city planner shall give the notices required by this article. The form of the notice shall contain:

A. The time and place of the hearing;

B. A general explanation of the matter to be considered including a description of the area affected;

C. Any other information the city planner considers necessary or desirable. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

Unless otherwise specified, the notice of the time and place of the hearing shall be given by mailing notice postage prepaid at least 10 calendar days before the hearing to the applicant, to each person who has filed a request for notice with the city planner and, in the case of an appeal, to the party filing the appeal. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

A. Right to Appeal. Any person aggrieved by the action of the reviewing authority may appeal the action to the next highest reviewing authority as prescribed in this section. If no appeal is filed, the action taken on the application is final.

B. Appeal of Design Review Action in Single- Family Land Use Districts. The decision of the city planner disapproving the issuance of a building permit may be appealed to the planning commission. The action of the planning commission on the appeal may be appealed to the city council. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

A person desiring to appeal an action taken under this chapter shall do so by filing a written notice of appeal with the city planner within 10 calendar days after the action taken which is the subject of the appeal. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

Article V. Miscellaneous Provisions

A person who builds or maintains a building or structure in violation of the requirement of design review approval prescribed in this chapter is guilty of an infraction and shall be punished as provided in PMC 18.90.060. Each day or a portion thereof that a violation exists is a separate offense and shall be punished as such. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

In order to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic cost of development, the Legislature adopted Government Code Sections 65864 through 65869.5 authorizing a local government to enter into a development agreement with an applicant for a development project. The objective of a development agreement is to provide assurance that, upon approval of the project, the applicant may proceed with the project in accord with existing policies, rules and regulations, subject to the conditions of approval. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

A. The city council shall by resolution establish the procedures and the requirements for considering, adopting and reviewing a development agreement.

B. The procedures and requirements for considering, adopting and reviewing a development agreement and the content of the development agreement shall comply with Government Code Sections 65864 through 65869.5. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

The purpose of this chapter is to provide for density bonuses and incentives to developers who agree to construct a specified percentage of units of a housing development for lower- or very low-income households or for senior citizens. This chapter is adopted under Government Code Sections 65915 through 65918. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 05-1257 § 4, 2005.]

In this chapter, unless the context otherwise requires:

A. “Housing development” means one or more groups of projects for residential units consisting of five or more dwelling units. For purposes of calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels. (Government Code Section 65915(j).)

B. “Incentive” means a concession, allowance, or other motivating mechanism intended to ensure that the housing development will be produced at a reduced cost. (Government Code Section 65915(l).) [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 05-1257 § 4, 2005.]

A developer of a housing development in the city may be permitted a density bonus and incentives in accordance with the provisions of state law and local inclusionary housing ordinance. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower-income households are located. (Government Code Sections 65915 through 65918; PMC 18.86.060.) [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 05-1257 § 4, 2005.]

The city planner may establish additional procedures for carrying out this chapter. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 05-1257 § 4, 2005.]

Prior legislation: Ord. 979.

This title may be amended by changing the zoning map or the regulations. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

A. Zoning Regulations. An amendment to the zoning regulations is initiated by motion of the city council or the planning commission, or by application or petition of a resident, property owner or business owner in the city.

B. Zoning Map. An amendment to the zoning map is initiated by motion of the city council or planning commission or by application of a qualified applicant as defined by PMC 18.12.030. If property that is the subject of an application is in more than one ownership, all the qualified applicants shall join in the application. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

A. Following the public hearing by the planning commission, the commission shall make specific written findings in its recommendation, including reasons for its recommendation, as to whether or not:

1. The change proposed is consistent with the objectives, policies, general land uses and programs specified in the general plan and applicable specific plan;

2. In the case of a base district, overlay district or general land use regulation, the change proposed is compatible with the uses authorized in, and the regulations prescribed for, the land use district for which it is proposed;

3. A community need is demonstrated for the change proposed;

4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice.

B. The commission shall recommend approval, conditional approval, or disapproval of the proposal as submitted or in modified form. [Ord. 15-1390 § 3 (Exh. C), 2015; Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

A planning commission recommendation of denial of an application for a zoning map amendment or zoning regulation amendment submitted by application or petition terminates proceedings, unless appealed. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

If the planning commission recommendation of denial of the application is appealed to the city council, the council shall, after the public hearing, approve, modify, or reject the commission recommendation. If the city council proposes to modify the proposal and the modification was not previously considered by the commission, the city council shall refer it to the commission for a report before adoption of an ordinance amending the zoning regulations or map.

If the planning commission fails to report within 40 days after referral or such longer period as the council designates, this failure is considered approval of the modification.

Before adoption of an ordinance, the council shall make findings that the proposed regulation or map amendment is consistent with the policies of the general plan and the notice and hearing provisions of this title. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

At or after a public hearing, the commission or the council may determine that the public interest would be served by:

A. Revising the boundaries of an area proposed for a zoning map amendment;

B. Considering a zoning map designation not originally presented in a motion, application, or commission recommendation;

C. Considering a zoning regulation amendment not originally presented in a motion, petition or commission recommendation. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]