Initial Review.

Exempt Projects.

Non-Exempt Projects. If the proposed project is not exempt from environmental review, the applicant shall submit necessary information as determined by the Zoning Administrator. Upon submittal, the Zoning Administrator shall prepare or cause the preparation of an Initial Study at the applicant's expense in compliance with Subsection E of this section (Preparation of an Initial Study).

Within 30 calendar days after an application is deemed complete, the Zoning Administrator shall determine whether to require preparation of an Environmental Impact Report (EIR), Negative Declaration, or Mitigated Negative Declaration or whether the project is within the scope of a Master EIR, or other appropriate document authorized by CEQA. The 30-calendar day time limit for completing the environmental study determination may be extended by 15 calendar days with a written agreement between the City and applicant.

Following completion of the Initial Study, the Zoning Administrator shall notify the applicant in writing of changes to the project deemed necessary to reduce or avoid any significant effects or revise the project to reduce its impacts to less than significant identified in the Initial Study.

Within 30 calendar days following the date of the notification described above, the applicant shall provide written notification to the Zoning Administrator indicating that the proposed modifications are acceptable or shall propose alternative measures that will achieve the same result. If the applicant does not agree to revise the project, an EIR shall be prepared. Alternatively, if the applicant does not respond to letter, the application shall be terminated by the City.

Based on the Initial Study, the Zoning Administrator shall make one of the following findings and prepare the appropriate environmental documentation as established:

Negative Declarations and Mitigated Negative Declarations shall be adopted 180 calendar days after the Zoning Administrator deems the application complete. Additional time to complete the Negative Declaration or Mitigated Negative Declaration may be allowed by ordinance or resolution if justified by compelling circumstances and the applicant consents thereto. The Negative Declaration or Mitigated Negative Declaration shall be adopted, modified, or not adopted before formal action is taken on the proposed land use or development project.

Within 60 calendar days after adoption of the Negative Declaration or Mitigated Negative Declaration (or a determination that the project is exempt from CEQA), the applicable review authority shall approve, conditionally approve, or deny the project. This period may be extended for up to 90 calendar days with a written agreement between the City and applicant.

In compliance with CEQA Guidelines Section 15109, any unreasonable delay by the applicant in meeting requests necessary for the preparation of the Negative Declaration or Mitigated Negative Declaration may serve to delay the approval period, or even result in project disapproval.

An EIR for a private (i.e., non-government) project shall be certified within 12 months from the date the application is deemed complete. An additional 90 calendar days to certify the EIR may be allowed by ordinance or resolution if justified by compelling circumstances and the applicant consents.

Development projects must be approved, denied or conditionally approved within 180 calendar days from the date of EIR certification. This period may be extended once for up to 90 calendar days.

If, however, the decision to certify the EIR is not made within the 12 months after the application is deemed complete but is extended in compliance with Public Resources Code Section 21151.5, the applicable review authority shall decide whether to approve or deny the project within 90 calendar days after EIR certification. This period may be extended once for up to 90 calendar days.

Initiation. An amendment to the General Plan may be initiated by motion of the City Council or Planning Commission, or action of the Zoning Administrator. Any resident, property owner or business owner in the City may request an amendment to the General Plan by submitting a written request to the Zoning Administrator.

Maximum Number of General Plan Amendments. In compliance with Government Code Section 65358 et seq., no mandatory element of the General Plan shall be amended more frequently than four times during any calendar year. Subject to that limitation, the General Plan amendment may be made at any time, as determined by the City. Each amendment may include more than one change to the General Plan.

Public Hearing. In compliance with Government Code Sections 65353 et seq. and 65853, at the public hearing, the Planning Commission shall consider the report from the Zoning Administrator, including the Zoning Administrator's recommendation, and shall hear evidence for and against the proposed General Plan, Zoning Ordinance or Zoning Map amendment. The Planning Commission may continue the public hearing to a definite date and time without additional notice.

Recommendation to City Council. Following the public hearing, the Planning Commission shall forward a written recommendation, including findings, to the City Council whether to recommend approval, approval in modified form, or denial of the proposed amendment, based on the findings identified in Section 18.180.050 (Findings).

Result of Planning Commission Denial. A Planning Commission recommendation of denial of an application for a Zoning Ordinance or Zoning Map amendment submitted by request terminates the proceedings, unless appealed in compliance with Chapter 18.185 (Appeals and Calls for Review). However, when an application is combined with a General Plan amendment, the Planning Commission recommendation of a denial shall be automatically referred to the City Council for final action and does not require an appeal. All other Planning Commission actions on proposed Zoning Ordinance or Zoning Map amendments are automatically referred to the City Council.

Hearing Date and Notice. The Zoning Administrator shall set a public hearing before the City Council within 60 calendar days after the date of the Planning Commission recommendation. Notice of the public hearing shall comply with Chapter 18.205 (Noticing Requirements).

Public Hearing. At the public hearing, the City Council shall consider the Planning Commission's recommendation and hear evidence for and against the proposed General Plan, Zoning Ordinance or Zoning Map amendment. The City Council may continue the public hearing to a definite date and time without additional notice.

City Council Decision. The City Council shall approve, approve with modifications, or deny the proposed General Plan, Zoning Ordinance, or Zoning Map amendment based on the findings identified in Section 18.180.050 (Findings).

Referral to Planning Commission.

The proposed amendment(s) complies with the provisions of the California Environmental Quality Act (CEQA).

The proposed amendment(s) complies with the limitations on residential rezoning established in Subsection D of this Section (Limitation on Residential Rezoning).

Development of the area or property to be rezoned shall not have significant growth-inducing impacts on existing residential neighborhoods;

Development of the area or property to be rezoned shall not have a significant traffic impact on existing residential neighborhoods; and

Development of the area or property to be rezoned shall not have a significant noise impact on existing residential neighborhoods.

Specifying the:

Describing the:

Provide for a tiered modification/amendment review procedure that may incorporate the following:

Include conditions, terms, restrictions, and requirements for subsequent discretionary actions; provided, that such conditions, terms, restrictions, and requirements shall not prevent development of the land for the uses and to the density or intensity of development established in the agreement;

Provide that construction shall be commenced within a specified time and the project or any phase be completed within a specified time;

Include terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time;

Provide that a particular rule, regulation or policy will apply as it exists at the time of Building Permit issuance (e.g., Building Code standards and development processing and impact fees); and

Provide for specific penalties for failure to perform.

Unless otherwise specified in the development agreement, the rules, regulations, and official policies governing the development of the property will be those in effect at the time the agreement is executed. In subsequent actions related to the project, the City may apply new rules, regulations, and policies that do not conflict with those in place at the time of the agreement. The City may also deny or conditionally approve the project based on these new rules. No rights will be considered vested in the applicant or any other party under a development agreement, except as explicitly stated in the agreement.

A statement of potential public benefits and costs accruing to the City if the agreement were entered into;

A recommendation as to whether the City should negotiate further with the applicant;

A statement whether the application meets the minimum statutory requirements for a development agreement, as established by this Chapter and State law;

A statement of issues for further research and investigation, and issues that should be addressed in the development agreement;

A statement of those documents, applications, and other items required by the Zoning Administrator in order to further process the application or negotiate with the applicant.

After the public hearing by the Planning Commission, the Planning Commission shall make its recommendation about the application for a development agreement by written resolution to the City Council. The Planning Commission shall not recommend that the City enter into the development agreement unless the Planning Commission makes all the findings established in Section 18.190.070 (Findings).

The Planning Commission shall transmit its recommendation to the City Council within 30 calendar days of the close of the Planning Commission public hearing.

After the public hearing is closed, the City Council shall approve, approve with modifications, or deny the proposed development agreement. Any approval of a proposed agreement shall be made by ordinance, which shall authorize the City Manager to sign the agreement on behalf of the City and shall become effective 30 calendar days after adoption, unless a referendum is filed within that time.

No agreement shall be signed by the City Manager until it has been duly signed by the applicant and property owner, if the applicant is not the property owner. If the applicant has not signed and returned the approved agreement to the City Manager for signing within 30 calendar days of City Council approval, the application is deemed withdrawn by applicant.

Within 10 calendar days after the City Manager signs a development agreement and the ordinance becomes effective, the City Clerk shall submit a copy of the development agreement to the County Recorder's Office for recordation.

The applicant/contracting party or its successor(s)-in-interest shall initiate the review proceeding by making application to the Zoning Administrator in compliance with this Chapter.

Upon receipt of a complete application, the Zoning Administrator shall begin the review procedures by giving notice that the City intends to undertake a periodic review of the development agreement to the applicant/contracting party or its successor(s)-in-interest, and any person who has filed a written request for notice with the Zoning Administrator.

If, upon their review, the Zoning Administrator recommends modification or termination of the development agreement, a public hearing shall be scheduled before the Planning Commission on the development agreement. Notice of intention to modify or terminate the development agreement shall be given in the same manner as the initial application in compliance with this Chapter.

Planning Commission Public Hearing. After closing the Planning Commission public hearing, the Planning Commission shall determine whether to recommend the development agreement be terminated, modified, or confirmed as is.

City Council Public Hearing. Upon receipt of the Zoning Administrator's or Planning Commission's recommendation, the City Council shall schedule a public hearing. Notice of intention to modify or terminate the development agreement shall be given in the same manner as the initial application in compliance with this Chapter. If, after the public hearing is closed, the City Council finds and determines on the basis of substantial evidence that the applicant or its successor in interest has not complied in good faith with the terms of the agreement, the City Council may terminate or modify the agreement or impose penalties as provided in the agreement in compliance with Government Code Section 65865.1. Any modification or termination must be done by ordinance and is subject to Government Code Section 65867.5.

The permit was issued on the basis of erroneous or misleading information or misrepresentation;

The use or the user is in violation of a condition of approval of the permit, or other laws or regulations, including but not limited to the Municipal Code; or

The use is being conducted contrary to the public health, safety, and welfare.

The Zoning Administrator shall send written notice to the property owner and violator that a violation exists and request the violation be corrected within a specific, reasonable period of time. The Zoning Administrator may send more than one notice and conduct an informal show cause hearing to discuss the violation with the property owner and violator.

If the property owner or violator fails to correct the violation within the time specified, the Zoning Administrator shall mail to the property owner and violator by regular first class and by certified mail a notice of intention to record a notice of violation, describing the real property in detail, naming the property owner(s), describing the violation in detail (including relevant Municipal Code sections), and stating that an opportunity will be given to the property owner and violator to present evidence. The notice shall specify a time, date, and place for a Planning Commission public hearing at which the owner may present evidence as to why the notice should not be recorded. The public hearing shall take place no sooner than 30 calendar days and no later than 60 calendar days from the date of mailing.

The Planning Commission shall hear the matter on the date scheduled. If, after the property owner, violator, and the City staff have presented evidence, the Planning Commission determines that there is no violation, the Zoning Administrator shall mail a clearance letter to the property owner and violator. If the property owner and violator fails to appear, or the Planning Commission determines that there is a violation, the Planning Commission may, by resolution, direct the Zoning Administrator to record the notice of violation with the County Recorder's Office.

The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in the property, under California Civil Code Sections 1213 and 1215.

If the property owner and violator corrects the violation after the notice has been recorded and has notified the City in writing and consented to an inspection to confirm the correction, the Zoning Administrator shall record a release or cancellation of the notice of violation.

Limit the number and extent of nonconformities existing at the time of adoption of this Title or created by the adoption of this Title;

Limit the extent to which nonconforming lots, structures, uses, and signs are altered, maintained, repaired, reestablished, and/or continued; and

Ensure that nonconformities do not create any health, life, and/or safety issues.

Routine maintenance and repairs may be performed on a nonconforming structure.

No nonconforming structure shall be altered or enlarged unless required by law, or unless the alteration or enlargement conforms to the standards of the base zoning district in which the structure is located.

An applicant for a Zoning Permit in a nonresidential zoning district for occupancy of a site or structure that is nonconforming due to lack of one of the following shall present a schedule for elimination or substantial reduction of these nonconformities over a period not exceeding five years. The zoning administrator may require that priority be given to elimination of nonconformities that have a significant adverse impact on surrounding properties and shall not require a commitment to remove nonconformities that have a minor impact and would be costly to eliminate due to the configuration of the site and the location of existing structures.

If a nonconforming structure is destroyed by fire or other calamity or is voluntarily razed or is required by law to be razed, to the extent of 50% or less, the structure may be restored (and the nonconforming use resumed); provided, that restoration is started within six months and diligently pursued to completion.

If a nonconforming structure is destroyed by fire or other calamity or is voluntarily razed or is required by law to be razed, to an extent greater than 50%, the structure shall not be restored except in full conformity with the regulations for the base zoning district in which it is located. However, a residential structure in a residential zoning district that does not conform to setbacks, height, or a residential garage that does not conform to the minimum dimensional limits may be reconstructed with the same floor area, provided there is no increase in any nonconformity, and upon issuance of a Use Permit in compliance with Chapter 18.155 (Use Permit).

The extent of damage or partial destruction under Subsection C.1 or C.2 of this Section shall be based upon the ratio of the estimated cost of restoring the structure to its condition before the damage or partial destruction to the estimated cost of duplicating the entire structure as it existed before the damage or partial destruction. Estimates for this purpose shall be made by or shall be reviewed and approved by the Building Official.

Notwithstanding the requirements of this Subsection C, a structure, or any portion of it, which is legally existing as of February 24, 2010, and which is located within a creek setback area established in Chapter 18.70 (Creek Setbacks) may be replaced in kind if the property owner obtains a Building Permit within 18 months (within the same building footprint and without increasing the degree of nonconformity) without the requirement of a Use Permit.

Notwithstanding the standards established in Section 18.15.060 (Accessory Structures and Uses: Residential Districts), an accessory structure, or any portion of it, which is legally existing as of September 28, 2011, which exceeds the allowable height and/or size only, may be replaced or reconstructed in kind without the requirement of a Use Permit if the property owner obtains a Building Permit within 18 months of the voluntary or involuntary destruction of the structure; and provided, that the replacement structure will not exceed the height, floor area, lot coverage, or otherwise increase the degree of nonconformity of the original structure.

Notwithstanding the requirements of this Subsection C, a care facility, large, licensed or unlicensed, which is legally existing within any single-family residential zone district as of June 20, 2012, may be replaced in kind if the property owner obtains a Building Permit within 18 months (within the same building footprint and without increasing the degree of nonconformity or intensity of use) without the requirement of a Use Permit.

There may be no increase or enlargement of the area, space, or volume occupied and used.

There may be no change in the nature or character of the nonconforming use.

If the nonconforming use is replaced by a conforming use, the nonconforming use is automatically terminated.

If the nonconforming use discontinues active operation for a continuous period of 180 calendar days, the nonconforming use terminates and the facilities accommodating or serving such activity shall thereafter be used only for uses permitted or conditionally permitted by the base zoning district. This provision does not apply to a nonconforming dwelling unit.

The use is exercised so as to be detrimental to the public health or safety, or so as to be a public nuisance.

The nature of the improvements are such that they can be altered so as to permit the use of the property in conformity with the uses permitted in the land use district in which the property is located without impairing the constitutional rights of the owner or occupant.

The improvement which exists on the property is such that to require the property to be used only for uses permitted in the applicable land use district would not impair the constitutional rights of the owner or occupant.

No nonconforming sign shall be moved or enlarged unless the new location or enlargement conforms to the regulations for the zoning district in which the sign is located.

A nonconforming sign that has been more than 50% destroyed shall be removed. A nonconforming sign that has been less than 50% destroyed, as determined by the Building Official (and the destruction is other than facial copy replacement), may be restored if construction begins within 90 calendar days of destruction. If construction does not begin within 90 calendar days, the owner shall remove the sign.

An owner of a nonconforming sign is required to make the sign conform to the requirements of this chapter if the owner proposes: