Zoning administrator. The zoning administrator has the authority to approve: zoning permits; minor use permits; minor variances; minor subdivisions (under the subdivision ordinance); temporary use permits, Section 6409(a) permits, and sign permits; home occupation permits; and certain architectural review permits. With the exception of Section 6409(a) permits, the zoning administrator may, in his or her discretion, refer any of these applications directly to the planning commission. The zoning administrator makes recommendations regarding zoning ordinance amendments, development agreements, and any other discretionary approval to be considered by another approval body.

Architectural review commission. The architectural review commission has the authority to approve architectural review permits, except for certain limited permits which may be approved by the zoning administrator.

Planning commission. The planning commission has the authority to approve applications for development plans, use permits and variances (except for minor use permits and minor variances which are considered by the zoning administrator) and to make recommendations to the city council regarding zoning ordinance amendments and development agreements. The planning commission also hears appeals from decisions of the zoning administrator. The planning commission has the authority to approve major subdivisions (under the subdivision ordinance).

City council. The city council has the authority to approve development agreements and zoning ordinance amendments. The city council hears appeals from the planning commission and the architectural review commission.

Initial application. Within 30 calendar days after the city has received an application for a development project, the city shall determine in writing whether the application is complete, and shall immediately transmit the determination to the applicant. If the application is determined not to be complete, the city's determination shall specify those parts of the application which are incomplete, and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed.

If the determination is not made within 30 calendar days, and the application includes a statement that it is an application for a development permit (as that term is used in Government Code sections 65927 and 65943), the application shall be deemed complete.

Resubmittal. Except as may otherwise be required by law, upon any resubmittal of an application determined not to be complete, a new 30-day period shall begin for determining whether the application is complete. The city shall determine in writing whether the resubmitted materials are complete and shall notify the applicant. If the written determination is not made within that 30-day period, the application together with the submitted materials shall be deemed complete. Applications for wireless telecommunications facilities shall be subject to the resubmittal requirements set forth in applicable federal and state law.

Time period extensions. Nothing in this section precludes an applicant and the city from mutually agreeing to extend any time period provided by this chapter.

General. Whenever a public hearing is required to be held, notice of the public hearing shall be given in accordance with this chapter. These requirements are based on the statutory requirements found at Government Code sections 65090 and 65091. Unless stated otherwise, notice must be given at least 10 calendar days before the hearing.

In addition to the notices sent to the applicant and other property owners under PHMC § 18.80.030, notice shall also be mailed or delivered to any person who has filed a written request for notice with the city clerk. The city may charge a fee which is reasonably related to the cost of providing this service. Requests for notice must be renewed annually.

Notice shall also be sent to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

The failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the actions of the city for which the notice was given.

A public hearing conducted under this part may be continued from time to time to a specific date and time, without additional notice.

In addition to the notice requirements set forth here, the zoning administrator may give notice of a hearing in any other manner he or she deems necessary or desirable, or when the decision will constitute a substantial and significant deprivation of the property rights of other landowners.

A general description (in text or by diagram) of the location of the property that is the subject of the hearing;

A general explanation of the matter to be considered;

The date, time and place of the public hearing;

The identity of the hearing officer or body;

A reference to application materials on file for detailed information;

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

Other information which is required by statute or specific provisions of this chapter or which the zoning administrator deems necessary or desirable.

Application. The applicant shall file a completed zoning permit application with the zoning administrator. The application shall include the signature of the property owner.

Decision. The zoning administrator shall grant or deny the application within five working days. If an application for a zoning permit is denied, no new application for the same, or substantially the same, zoning permit shall be filed within one year of the date of denial of the initial application, unless the denial is made without prejudice.

Effective date. A zoning permit is effective upon issuance.

Appeal. Any interested person may appeal the zoning administrator's decision in accordance with PHMC Chapter 18.130.

Site plan changes – Revocation. A new zoning permit is required if the site plans are changed in a manner that affects compliance with this chapter or with the conditions of the zoning permit. The zoning administrator may revoke a zoning permit, after notice and hearing, for failure to comply with a condition of the permit.

Lapse of approval. A zoning permit lapses one year after its date of approval, or at an alternative time specified as a condition of approval, unless one of the following has occurred:

A zoning permit automatically lapses if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more.

Changes to plans. A request for a change in the zoning permit or a condition of approval requires a new application for modification of the condition.

Revocation. A zoning permit exercised in violation of this chapter or a condition of approval may be revoked, as provided in PHMC § 18.135.040.

Application. The applicant shall submit a request for a development plan to the zoning administrator on a form provided by the city. An application is considered to be complete if it is in accordance with PHMC § 18.75.030.

Notice and public hearing. The planning commission shall hold a public hearing on an application for a development plan, and shall hear testimony for and against the application.

The zoning administrator shall set the time and date for the public hearing. The hearing shall be scheduled within 20 calendar days, and held within 60 calendar days, after the application is deemed complete. When applications for multiple development plans, use permits or variances on a single site are filed at the same time, the zoning administrator may schedule a combined public hearing.

Notice of the hearing shall be given in accordance with PHMC Chapter 18.80. A public hearing may be continued to a definite date and time without additional public notice.

Decision. The planning commission shall approve, conditionally approve or deny an application within 20 working days after the close of the public hearing. The zoning administrator shall mail notice of the decision to the applicant and any other party requesting notice within 10 calendar days of the decision. The date of the decision is the date the commission (or council, on appeal) adopts the resolution.

Effective date. A decision under this chapter takes effect at the end of the time allowed for an appeal, which is 10 calendar days after notice of the decision is mailed.

Appeal. A decision of the planning commission may be appealed to the city council, all in accordance with the appeal procedures of PHMC Chapter 18.130.

The proposed development will not be detrimental to the health, safety and general welfare of persons residing or working in the vicinity of the proposed development;

The proposed development will not be injurious or detrimental to adjacent properties or to property in the neighborhood or in the city;

The proposed development is consistent with the policies and goals established by the general plan; and

The proposed development is architecturally compatible with other developments in the vicinity, both inside and outside the district.

Achieve the general purposes of this chapter or the specific purposes of the zoning district in which the site is located, or to make it consistent with the general plan;

Protect the public health, safety, and general welfare; or

Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area.

Lapse of approval. A development plan lapses one year after its date of approval, or at an alternative time specified as a condition of approval, unless one of the following has occurred:

Changes to plans. A request for a change in a condition of approval, or a change in the development plan which affects a condition of approval, requires a new application for modification of the condition. If the zoning administrator determines that the modification is minor, the zoning administrator may approve that minor modification administratively, and that decision may be appealed to the planning commission. If the zoning administrator determines that the modification is major, then the modification shall be referred for consideration to the final decision-making body that approved the original development plan.

Application. The applicant shall submit a request for a use permit to the zoning administrator on forms provided by the city. An application is considered to be complete if it is in accordance with PHMC § 18.75.030. A use permit application for certain uses in a residential zoning district is subject to pre-application review by other agencies, pursuant to PHMC § 18.20.075.

Notice and public hearing. The planning commission, or the zoning administrator for a minor use permit, shall hold a public hearing on an application for a use permit, and shall hear testimony for and against the application.

The zoning administrator shall set the time and date for the public hearing. The hearing shall be scheduled within 20 calendar days, and held within 60 calendar days, after the application is deemed complete. When applications for multiple development plans, use permits or variances on a single site are filed at the same time, the zoning administrator may schedule a combined public hearing.

Notice of the hearing shall be given in accordance with PHMC Chapter 18.80. A public hearing may be continued to a definite date and time without additional public notice.

Decision. The hearing body shall approve, conditionally approve or deny an application within 20 working days after the close of the public hearing. The zoning administrator shall mail notice of the decision to the applicant and any other party requesting notice within 10 calendar days of the decision. In the case of the planning commission, or city council on appeal, the date of the decision is the date the commission or council adopts the resolution.

Effective date. A decision under this chapter takes effect at the end of the time allowed for an appeal, which is 10 calendar days after notice of the decision is mailed.

Appeal. A decision of the zoning administrator may be appealed to the planning commission, and a decision of the planning commission may be appealed to the city council, all in accordance with the appeal procedures of PHMC Chapter 18.130.

The proposed use will not be detrimental to the health, safety and general welfare of persons residing or working in the neighborhood of the proposed use;

The proposed use will not be injurious or detrimental to adjacent properties or to property in the neighborhood or to the general welfare of the city; and

The proposed use is consistent with the policies and goals established by the general plan.

In addition, if the use permit is for a residential use in a residential zoning district pursuant to PHMC § 18.20.075, the following additional findings are required:

Achieve the general purposes of this chapter or the specific purposes of the zoning district in which the site is located, or to make it consistent with the general plan;

Protect the public health, safety, and general welfare; or

Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area.

Lapse of approval. A use permit lapses one year after its date of approval, or at an alternative time specified as a condition of approval, unless one of the following has occurred:

Changes to plans. A request for a change in the use permit or a condition of approval requires a new application for modification of the condition. If the zoning administrator determines that the modification is minor, the zoning administrator may approve that minor modification administratively, and that decision may be appealed to the planning commission. If the zoning administrator determines that a modification is major, the modification shall be referred for consideration to the final decision-making body that reviewed and approved the original use permit.

Revocation. A use permit exercised in violation of this chapter or a condition of approval may be revoked, as provided in PHMC § 18.135.040.

Application. The applicant shall submit a request for a temporary use permit to the zoning administrator, on forms provided by the city. An application is considered to be complete if it is in accordance with PHMC § 18.75.030. Within five working days of receiving a complete application, the zoning administrator may request additional plans and materials necessary to assess the potential impacts of the proposed temporary use.

No notice or public hearing is required.

Decision. The zoning administrator shall approve, conditionally approve or deny an application within five working days after receiving a complete application, and shall promptly notify the applicant.

Effective date – Appeals – Duration – Revocation. A temporary use permit is effective on the date of approval. Any interested person may appeal a denial of the application to the planning commission, in accordance with PHMC Chapter 18.130.

The permit is valid for the time period specified in the permit, not to exceed 14 calendar days. The permit lapses if not used within the dates approved.

The zoning administrator may revoke the permit for a violation of the terms of the permit. The revocation is effective immediately upon verbal or written notice to the permit holder. The zoning administrator shall confirm any verbal notice in writing within two working days.

The proposed temporary use will be located, operated and maintained in a manner consistent with the general plan and this chapter; and

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

Ensure consistency with the general purposes of this chapter, the specific purposes of the zoning district in which the site is located, and the general plan;

Protect the public health, safety and general welfare. This may include, but is not limited to, conditions regarding: traffic, parking, noise, waste and litter; and

Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area.

Application. The applicant shall submit a request for a sign permit, master sign program or temporary sign permit to the zoning administrator on forms provided by the city. An application is determined to be complete in accordance with PHMC § 18.75.030.

The application for a master sign program shall include all of the following:

No notice or public hearing is required.

Decision. The zoning administrator shall approve, conditionally approve or deny an application within 10 working days. The architectural review commission shall approve, conditionally approve or deny an application within 30 working days. The zoning administrator shall mail notice of the decision to the applicant within 10 calendar days of the decision. In the case of an appeal, the date of decision is the date of the adoption of a resolution of decision.

Effective date – Appeal. A sign permit or master sign program approval or temporary sign permit is effective on the date of approval. Any interested person may appeal a decision of the application by the zoning administrator to the architectural review commission and of the architectural review commission to the city council, in accordance with PHMC Chapter 18.130.

Projects with multiple discretionary applications. Notwithstanding subsections B and C of this section, for projects requiring a discretionary permit approval from the planning commission and/or city council in conjunction with approval of a sign permit and/or master sign program, the planning commission and/or city council shall be the final decision-maker for the sign permit and/or master sign program and any action of the zoning administrator and/or architectural review commission shall be considered advisory to the planning commission and/or city council.

Sign permit. The zoning administrator or architectural review commission shall consider the following elements in evaluating a sign permit application:

Master sign program. Before approving a master sign program, the architectural review commission must find that:

Temporary sign permit. Before approving a temporary sign permit, the zoning administrator must find that:

Achieve the general purposes of this chapter or the specific purposes of the zoning district in which the site is located, or to make it consistent with the general plan;

Protect the public health, safety, and general welfare; or

Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area.

Sign permit. A sign permit lapses one year after its date of approval, or at an alternative time specified as a condition of approval, unless the sign is placed within that time. A request for a change in the sign permit or a condition of approval requires a new application, for modification of the condition. If the zoning administrator determines that the modification is major, then the modification shall be referred for consideration to the final decision-making body that approved the original sign permit. If the zoning administrator determines that the proposed modification is minor, the zoning administrator may approve the minor modification administratively.

Master sign program. The approval of a master sign program does not lapse, but remains in effect to regulate future signs. A request for a change in the master sign program or a condition of approval requires a new application. If the zoning administrator determines that the modification is major, then the modification shall be referred for consideration to the final decision-making body that approved the original master sign program. If the zoning administrator determines that the proposed modification is minor, the zoning administrator may approve the minor modification administratively.

Temporary sign permit. A temporary sign permit is valid for the time period specified in the permit. The permit lapses if not used within the dates approved.

Revocation. A sign permit, master sign program or temporary sign permit exercised in violation of this chapter or a condition of approval may be revoked as provided in PHMC § 18.135.040.

Application. The applicant shall submit a request for a variance to the zoning administrator, on forms provided by the city. An application is considered to be complete if it is in accordance with PHMC § 18.75.030.

Notice and public hearing. The planning commission, or the zoning administrator in the case of a minor variance, shall hold a public hearing on an application for a variance and shall hear testimony for and against the application.

The zoning administrator shall set the time and date for the public hearing. The hearing shall be scheduled within 20 calendar days, and held within 60 calendar days, after the application is deemed complete. When applications for multiple development plans, use permits or variances on a single site are filed at the same time, the zoning administrator shall schedule a combined public hearing.

Notice of the hearing shall be given in accordance with PHMC Chapter 18.80. A public hearing may be continued to a definite date and time without additional public notice.

Decision. The hearing body shall approve, conditionally approve or deny an application within 20 working days after the close of the public hearing. The zoning administrator shall mail notice of the decision to the applicant and any other party requesting notice within 10 calendar days of the decision. In the case of the planning commission, or city council on appeal, the date of the decision is the date the commission or council adopts the resolution.

Effective date. A decision under this section takes effect at the end of the time allowed for an appeal, which is 10 calendar days after notice of the decision is mailed.

Appeal. A decision of the zoning administrator may be appealed to the planning commission, and a decision of the planning commission may be appealed to the city council, all in accordance with the appeal procedures of PHMC Chapter 18.130.

The variance is based on the existence of special circumstances applicable to the property, including size, shape, topography, location or surroundings, such that the strict application of the zoning regulations deprives the property of privileges enjoyed by other properties in the vicinity under the identical zoning classification;

The variance does not constitute a grant of special privileges inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is located; and

The variance substantially meets the intent and purpose of the zoning district in which the property is located.

Achieve the general purposes of this chapter or the specific purposes of the zoning district in which the site is located, or to make it consistent with the general plan;

Protect the public health, safety, and general welfare; or

Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area.

Lapse of approval. A variance lapses one year after its date of approval, or at an alternative time specified as a condition of approval, unless one of the following has occurred:

Changes to plans. A request for a change in the variance or a condition of approval requires a new application, for modification of the condition. If the zoning administrator determines that the modification is major, then the modification shall be referred for consideration to the final decision-making body that approved the original variance. If the zoning administrator determines that the modification is minor, the zoning administrator may approve that minor modification administratively, and that decision may be appealed to the planning commission.

Allow the zoning administrator to grant a minor exception from specified development standards required by this zoning ordinance.

Provide an appropriate process to enable the zoning administrator to grant a requested minor exception.

Provide appropriate and reasonable findings to allow the zoning administrator to grant a requested minor exception.

Ensure that any exceptions granted will be consistent with the purpose and intent of this title.

Fence or wall height. An increase in the maximum allowable height of a fence or wall of not more than one foot (see PHMC § 18.20.040.H).

Floor area ratio (FAR). A maximum increase of 10% of the existing FAR standard (e.g., if the FAR is 30%, the maximum potential increase would be 3%).

Landscaping area. A decrease in minimum landscaping or planting area or dimensional requirements of not more than 20% of the applicable standard (see PHMC §§ 18.20.040.G and 18.25.030).

Loading. A decrease in the number of required loading spaces; provided, that it can be demonstrated that the spaces are not needed for the proposed use and the area that was to be used for the loading space(s) shall be used as additional landscaping, parking or open space in addition to minimum ordinance requirements (see PHMC §§ 18.55.020 and 18.55.030).

Lot coverage. An increase of not more than 10% of the applicable lot coverage standard (e.g., 30% x 0.10 = 3%) (see PHMC § 18.20.030).

Lot depth and/or width. A decrease of not more than 10% of a minimum depth and/or width dimension, only when the minimum required lot area and density requirements are met (e.g., a lot depth requirement of 90 feet may be reduced to 81 feet) (see PHMC § 18.20.030).

Open space. A decrease of not more than 10% of the minimum required amount of usable open space on the site (private and/or shared), or open space dimensional requirements (see PHMC §§ 18.20.030 and 18.20.040.E).

Projections. An increase of not more than 20% in the allowable projection of cornices, eaves, fireplaces, masonry chimneys, overhangs, and steps into a required setback area (provided, that the projection shall not be closer than three feet to any property line). Projections shall be measured from the required setback (i.e., not from an existing legal nonconforming setback or from a reduced setback that may be granted through a variance or minor exception) (see also PHMC § 18.50.020).

Screening of mechanical equipment. Approval of alternative methods of screening, including use of painting or other stealthing or camouflaging techniques, if the zoning administrator determines that other screening methods are not feasible and the alternative methods will provide substantial screening consistent with the intent and purpose of this title (see PHMC § 18.50.090).

Minimum yards. A decrease of not more than 20% of the applicable yard setback standard, if consistent with the character of existing development in the surrounding area. In no circumstance shall a minor exception be granted for a main building or accessory structure that reduces yard setbacks to less than the following (see PHMC §§ 18.20.030 and 18.25.030):

Accessory structures.

Other required dimensions. The zoning administrator may approve minor adjustments in other required dimensions, up to a change of 20% of the required dimension, excluding any increase in maximum building height (see PHMC §§ 18.20.030 and 18.25.030).

Other minor adjustments. The zoning administrator may approve other minor adjustments to zoning ordinance standards in addition to those specified above; provided, that all of the findings specified in PHMC § 18.111.040 are satisfied and the planning commission is notified of the proposed minor exception and provided with an opportunity to call the proposed minor exception up for review pursuant to PHMC § 18.130.010.

Required variance. A request for an exception that exceeds the limitations identified in this chapter requires the approval of a variance under PHMC Chapter 18.110. Approval of a minor exception and/or eligibility for consideration of approval of a minor exception does not constitute a basis for future approval of a variance.

Authority. The zoning administrator has the authority to approve minor exceptions. The zoning administrator may, at his or her discretion, refer a minor exception application directly to the planning commission for consideration; except that whenever more than one minor exception is requested for a property (either concurrently or sequentially over time), the minor exception request shall be referred to the planning commission for consideration at a public hearing.

Application. The applicant shall submit a request for a minor exception to the zoning administrator, on forms provided by the city. An application is considered to be complete if it is in accordance with PHMC § 18.75.030.

Notice and public hearing. The zoning administrator shall, within 20 calendar days after the application is deemed complete, notify all residents and property owners within 300 feet of the project site, and provide notice to the planning commission and city council that a decision will be made by the zoning administrator to approve or disapprove the minor exception 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. When a hearing is requested, notice of the hearing shall be provided in accordance with PHMC Chapter 18.80. When multiple applications are submitted for a single site in conjunction with a request for a minor exception, and when any of these applications require planning commission review, the zoning administrator shall schedule a combined public hearing for all of the applications before the planning commission. A public hearing may be continued to a definite date and time without additional public notice.

Decision. The zoning administrator shall approve, conditionally approve or deny an application within 20 working days after issuance of a public notice as specified in subsection C of this section or within 20 working days after the close of the public hearing, whichever is applicable. The zoning administrator shall mail notice of the decision, including a description of the appeal process as specified in PHMC Chapter 18.130, to the applicant and any other party requesting notice and shall provide electronic mail (email) notice of the decision to the planning commission and city council within 10 calendar days of the decision. In the case of the planning commission, or city council on appeal, the date of the decision is the date the commission or council adopts the resolution approving or denying the application(s).

Effective date. A decision under this section takes effect at the end of the time allowed for an appeal, which is 10 calendar days after notice of the decision is mailed.

Appeal. A decision of the zoning administrator may be appealed to the planning commission, and a decision of the planning commission may be appealed to the city council, all in accordance with the appeal procedures of PHMC Chapter 18.130.

Call for review. A decision of the zoning administrator may be called for review by any member of the planning commission, architectural review commission and/or city council pursuant to the provisions of PHMC Chapter 18.130.

No practical alternative exists to the proposed exception;

The purpose and intent of the subject zone district will not be substantially compromised;

There will be no detrimental impact (aesthetically or otherwise) to the site, adjacent properties or neighborhood;

The project will be in substantial conformance with the city-wide design guidelines;

The proposed project will otherwise be in compliance with all applicable zoning ordinance standards and requirements, including any applicable specific plan or planned unit development.

Achieve the general purposes of this chapter or the specific purposes of the zoning district in which the site is located, and/or to ensure that the request is consistent with the general plan;

Protect the public health, safety, and general welfare;

Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area;

Ensure substantial conformance with city-wide design guidelines.

A building permit has been issued, substantial money has been expended, and construction diligently pursued; or

A certificate of occupancy has been issued; or

The exception is renewed by the hearing body which originally approved it. No new notice or public hearing is required for a renewal if the findings required for approval remain valid.

Request. A disabled person may request a reasonable accommodation in the application of the city's land use and zoning regulations. Such a request may include a modification or exception to the requirements for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers. A reasonable accommodation cannot waive a requirement for a conditional use permit when otherwise required or result in approval of uses otherwise prohibited by the city's land use and zoning regulations.

Availability of information. Information regarding this reasonable accommodation procedure shall be prominently displayed at the public information counters in the planning division, advising the public of the availability of the procedure for eligible applicants, and be made available in any other manner as determined by the director.

Assistance. If an applicant needs assistance in making the request, the planning division will endeavor to provide the assistance necessary to ensure that the process is available to the applicant.

Balancing rights and requirements. The city will attempt to balance (1) the privacy rights and reasonable request of an applicant for confidentiality, with (2) the land use requirements for notice and public hearing, factual findings and rights to appeal, in the city's requests for information, considering an application, preparing written findings and maintaining records for a request for reasonable accommodation.

Application. The applicant shall submit a request for reasonable accommodation on a form provided by the planning division. The application shall include the following information:

Review with other land use applications. If the project for which the reasonable accommodation is being requested also requires some other discretionary approval (such as conditional use permit, architectural review, general plan amendment, zoning amendment, subdivision map), then the applicant shall submit the reasonable accommodation application first for a determination by the zoning administrator, before proceeding with the other applications.

Fee. The fee for an application for reasonable accommodation shall be established by resolution of the city council.

Approval authority.

Notice. No advance notice or public hearing is required for consideration of reasonable accommodation requests by the zoning administrator. Requests for reasonable accommodation subject to review by the planning commission or architectural review commission shall require advance notice and a public hearing pursuant to the requirements of PHMC § 18.80.030.

Decision. The zoning administrator shall render a decision or refer the matter to the planning commission or architectural review commission within 30 days after the application is complete, and shall approve, approve with conditions or deny the application, based on the findings set forth in PHMC § 18.112.060. The decision shall be in writing and mailed to the applicant and to all residents and property owners within 300 feet of the project site.

If the application for reasonable accommodation involves another discretionary decision, the reviewing body for that decision shall accept as final the determination regarding reasonable accommodation by the zoning administrator, unless the reasonable accommodation request has been referred by the zoning administrator to the planning commission or architectural review commission for consideration.

If the application for reasonable accommodation is referred to, or reviewed by, the planning commission or architectural review commission, a decision to approve, approve with conditions or deny the application shall be rendered within 20 working days after the close of the public hearing, based on the findings set forth in PHMC § 18.112.060.

Findings. The reviewing authority shall approve the application, with or without conditions, if it can make the following findings:

Other requirements.

Requirement. An architectural review permit is required before issuance of a building permit for each building elevation, landscape plan and site plan relating to the following:

No improvement subject to architectural review under this chapter shall be constructed, located, repaired, altered, repainted a different color or maintained except in accordance with a design approved under this chapter. The term improvement as used in this chapter shall be interpreted by the zoning administrator to include but not be limited to the construction, alteration, and repair of all buildings, structures, and facilities permanently affixed to real property and appurtenances thereto.

Purpose. The purpose of architectural review is to evaluate the interdependence of property values and aesthetics, and to provide a method to promote sound land use development. More specifically, architectural review is intended to:

Architectural review commission. Except as provided in subsections B and C of this section, the architectural review commission has the authority to approve architectural review permits. The architectural review commission is established under PHMC Chapter 3.10.

Zoning administrator. The zoning administrator has the authority to approve an architectural review permit for any of the following improvements if the zoning administrator finds that such improvements will not have a significant visual impact.

The zoning administrator may, in his or her discretion, refer an application directly to the architectural review commission.

Streamlined ministerial review. Residential development projects qualifying for streamlined permit review, as established under PHMC § 18.20.040.K, shall be subject to a ministerial architectural review process.

Application. An applicant for an architectural review permit shall submit a complete application accompanied by plans and materials in the form approved by the department. The zoning administrator may waive submission of items deemed unnecessary to determine compliance with applicable requirements of this chapter. An application is considered to be complete if it is in accordance with PHMC § 18.75.030.

Notice and hearing. The architectural review commission shall hold a hearing on the application. The hearing is open to the public, but no notice is required except to the applicant. No notice or hearing is required for an application to be considered by the zoning administrator under this section.

Decision. Within 20 working days following completion of the hearing, the commission shall approve, conditionally approve, or deny the application. The zoning administrator shall mail notice of the decision to the applicant and any other party requesting notice within 10 calendar days of the decision.

Effective date. A decision under this chapter takes effect at the end of the time allowed for an appeal, which is 10 calendar days after notice of the decision is mailed. If the decision is appealed, the decision is not final until the appeal process under PHMC Chapter 18.130 has been exhausted.

Appeal. A decision of the zoning administrator under this chapter may be appealed to the architectural review commission, and a decision of the architectural review commission may be appealed to the city council, all in accordance with the appeal procedures of PHMC Chapter 18.130.

Projects with multiple discretionary applications. Notwithstanding subsections C through E of this section, for projects requiring a discretionary permit approval from the planning commission and/or city council in addition to approval of an architectural review permit, the planning commission and/or city council shall be the final decision-maker for the architectural review permit and any action of the architectural review commission shall be considered advisory to the planning commission and/or city council.

Excellence of design;

Height, bulk and coverage of buildings;

Colors, building materials, and types of building and installations;

Physical and architectural relation with existing and proposed structures in the area and to the site's location within the city;

Site layout, orientation and location of buildings, and relationship with property boundaries and open areas;

Height, materials, colors and variations in boundary walls, fences, or screen planting;

Location and type of landscaping, including but not limited to setback areas and off-street parking areas;

Appropriateness of sign design and exterior lighting standards and devices and other building graphics, pursuant to criteria established in PHMC § 18.60.050 and the sign design guidelines adopted under PHMC § 18.60.090; and

The extent of grading and its relationship to topography, as related to visual impacts.

Lapse of approval. An architectural review permit lapses one year from its effective date unless:

Changed plans. The zoning administrator may approve a change to the approved plans or to the conditions of approval upon a written determination that the change is minor and consistent with the intent of the original approval. A revision involving a substantial change in project design or a condition of approval requires a new application and approval, for modification of the condition. If the zoning administrator determines that the modification is major, then the modification shall be referred for consideration to the final decision-making body that approved the original architectural review permit.

A development agreement shall specify all of the following: the duration of the agreement; the permitted uses of the property, including mix and type of uses; the density or intensity of use; the maximum height and size of proposed buildings; and provisions for reservation or dedication of land for public purposes.

A development agreement may:

Unless otherwise provided by the development agreement, the rules, regulations, and official policies applicable to development of the property subject to a development agreement shall be those rules, regulations, and official policies in effect at the time of agreement execution. In subsequent actions applicable to the project, the city may apply new rules, regulations, and policies which do not conflict with those rules, regulations, and policies in effect at the time of the agreement, and may deny or conditionally approve the project on that basis. No rights shall be deemed to vest in the applicant or any other person under any development agreement, except as set forth in the development agreement.

Development agreements shall be limited to a period not to exceed a maximum of 10 years from the effective date of the adopting ordinance.

The zoning administrator shall review the proposal, consult with all city departments, and obtain such additional information from the applicant as may be deemed necessary by the zoning administrator. Within 45 calendar days of receipt of the application, the zoning administrator shall prepare a report to the city council containing the zoning administrator's recommendation. The recommendation shall consist of the following:

Upon completion of the report, the matter shall be set for a public hearing before the city council at its next regularly scheduled meeting. Notice of the hearing shall be given in accordance with PHMC Chapter 18.80. The city council shall consider at the hearing whether to authorize city staff to negotiate with the applicant concerning the development agreement.

Upon the close of the hearing, the city council shall by resolution either:

Department review and recommendation. If the city council has directed the staff to proceed with the application under PHMC § 18.120.030, the department shall, at the applicant's expense, undertake environmental review in accord with city guidelines for CEQA implementation (unless the project is categorically exempt). Upon completion of the review, the department shall transmit the application, together with its recommendations and appropriate environmental review documents, to the planning commission.

Notice and public hearing. Within six months following council authorization to staff to negotiate with the applicant, a public hearing shall be scheduled before the planning commission. The city and the applicant may agree to a later date. Notice of intention to consider the application shall be given as provided in PHMC Chapter 18.80. If the application is being processed together with a development project, notice of the public hearing shall also be given as required for consideration of the development project.

Upon receipt of the application, the results of the environmental review, and the recommendations of the department and the planning commission, the city council shall schedule a public hearing on the application. Notice of intention to consider the application shall be given in the manner set forth in PHMC Chapter 18.80.

If the application is being processed together with the development project, the public hearing on the application may be held concurrently with the hearing on the project.

After the public hearing is closed, the city council shall approve, modify, or disapprove the proposed development agreement. An agreement shall not be approved unless the city council finds that:

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 owner, if the applicant is not the owner. If the applicant has not signed and returned the approved agreement to the city manager for signing within 30 calendar days of 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 cause a copy to be recorded in the office of the county recorder.

Following denial of an application for a development agreement, no new application for the same, or substantially the same, development agreement shall be accepted within one year of the date of denial, unless the denial was made without prejudice.

A development agreement shall be reviewed at least once every 12 months, or more often at the request of the city council, zoning administrator or applicant.

The purpose of the review is to inquire into the good faith compliance of the applicant with the terms of the agreement and for any other purpose specified in the agreement.

Before each review, the public works and community development department shall prepare a report on all development that has occurred under the agreement since the last review and any other matters the department wishes to bring to the council's attention.

If the department review determines that all terms of the agreement have been met, and the council concurs, no further review is required.

If, as the result of the review, the city council finds and determines that the applicant or successor in interest has not complied in good faith with the terms of the agreement, the city may terminate or modify the agreement or impose penalties as provided in the agreement. (Reference: Govt. Code § 65865.1.)

If the department recommends modification or termination of the agreement, a public hearing shall be scheduled before the planning commission on the agreement. Notice of intention to modify or terminate the agreement shall be given in the same manner as the initial consideration under PHMC Chapter 18.80. At the hearing, the applicant has the burden of demonstrating good faith compliance with the terms of the agreement. After closing the public hearing, the planning commission shall determine whether to recommend that the agreement be terminated, modified, or confirmed as is.

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 agreement shall be given in the same manner as the initial consideration under PHMC Chapter 18.80. 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 modify or terminate the agreement. Any modification or termination must be done by ordinance, and is subject to Government Code section 65867.5.

Zoning map. An amendment to the zoning map may be initiated by motion of the city council or planning commission, action of the zoning administrator, or by request of all owners of property for which the change is sought.

Zoning regulations. An amendment to the zoning regulations may be initiated by motion of the city council or the planning commission, action of the zoning administrator, or by request of any resident, property owner or business owner in the city.

Zoning map. A property owner may initiate a zoning map amendment by filing an application in the form approved by the zoning administrator.

Zoning regulation. A property owner, resident or business owner shall initiate an amendment to the zoning regulations by submitting an application in the form approved by the zoning administrator.

Report. The zoning administrator shall set a date, time and place for a public hearing and prepare a report to the planning commission on the proposed zoning map or zoning regulation amendment. The report shall describe the area or subject to be considered for change and, if warranted, propose alternative amendments.

Notice and public hearing. Notice of the public hearing on the proposed amendment shall be given in accord with PHMC Chapter 18.80. The planning commission may schedule a combined public hearing on multiple applications for zoning map or text amendments.

Public hearing. At the public hearing, the planning commission shall consider the report from the zoning administrator and shall hear evidence for and against the proposed 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 commission shall make specific findings as to whether the proposed zoning regulation or zoning map amendment is consistent with the policies of the general plan, the purposes of this title, and the limitations on residential rezoning prescribed in PHMC § 18.125.070, and shall recommend approval, conditional approval, or denial of the proposal as submitted or in modified form.

Result of planning commission denial. A planning commission recommendation of denial of an application for a zoning map or zoning regulation amendment submitted by request terminates the proceedings, unless appealed. 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 map or zoning regulation 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 hearing shall be provided as set forth in PHMC Chapter 18.80.

Public hearing. At the public hearing, the council shall hear evidence for and against the proposed amendment. The council may continue the public hearing to a definite date and time without additional notice.

Council decision. After the public hearing, the council shall approve, modify, or reject the commission recommendation; provided, that a modification not previously considered by the commission shall be referred to the commission for a report before adoption of an ordinance amending the zoning regulations or map. Failure of the planning commission to report within 40 calendar days after referral, or such longer period as may be designated by the council, shall be deemed approval of the proposed modification. Before adopting an ordinance, the council shall make findings that the proposed regulation or map amendment is consistent with the policies of the general plan.

Development of the area or property to be rezoned shall not have 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.

Revisions. Before approving an amendment, the commission or the council may consider revisions which were not in the original proposal, such as: (1) revising the boundaries of an area proposed for a zoning map amendment; (2) considering revised zoning map designations; or (3) considering revised zoning regulation amendments.

Supplemental notice. Notice shall be given before a hearing on a revised amendment, unless the commission or council finds that the revised amendment will not have impacts greater than those that would result from the amendment in its original form.

Appeal. A decision of the zoning administrator may be appealed to the planning commission. A decision of the zoning administrator regarding a temporary sign permit or conformance to master sign program may be appealed to the architectural review commission. A decision of the planning commission or architectural review commission may be appealed to the city council. Any interested person may appeal a decision.

Call for review. Any decision of the zoning administrator may be called up for review by a planning commissioner, architectural review commissioner, or city council member. Any decision of the planning commission or architectural review commission may be called up for review by a member of the city council.

Time limits. An appeal or call for review must be submitted in writing to the zoning administrator within 10 calendar days of the mailed notice of decision.

Appeal. An appeal shall be filed with the zoning administrator on a form provided and shall state specific reasons for the appeal.

Call for review. A call for review shall be filed with the zoning administrator and shall state the reasons for such review.

Effect on decisions. A decision that is appealed or called up for review does not become effective until the appeal or review is resolved.

Hearing date. An appeal or call for review shall be scheduled for a hearing before the appellate body within 45 calendar days of the city's receipt of the appeal or call, unless both applicant and appellant consent to a later date.

Notice and public hearing. An appeal or review hearing shall be a public hearing if the decision being appealed or reviewed requires a public hearing. Notice of the public hearing shall be given in the manner required for the initial decision.

Plans and materials. At an appeal or review hearing the appellate body shall consider only the same application, plans, and related project materials that were the subject of the original decision.

Hearing. At the hearing, the appellate body shall review the record of the decision and hear testimony of the appellant, the applicant, and any other interested party.

Decision and notice. After the hearing, the appellate body shall affirm, modify, or reverse the original decision. When a decision is modified or reversed, the appellate body shall state the specific reasons for modification or reversal.

A decision on appeal or review shall be rendered within 30 calendar days of the close of the hearing. The zoning administrator shall mail notice of a planning commission decision or architectural review commission decision. The city clerk shall mail notice of a city council decision. Such notice shall be mailed within five working days after the date of the decision to the applicant, the appellant, and any other party requesting such notice.

Failure to act. Failure to act within the time limits prescribed in subsections A and E of this section shall be deemed affirmation of the original decision.

Duties of zoning administrator. If the zoning administrator determines there are grounds for revocation or modification of a zoning permit, home occupation permit, use permit, variance, development plan approval, architectural review permit, or other discretionary approval authorized by this title, the zoning administrator shall schedule a revocation hearing before whichever person or body took final action on the permit.

Notice and public hearing. Notice shall be given in the same manner required for a public hearing to consider approval. If no notice is required for the permit, then none is required for the revocation or modification hearing, except that notice shall be mailed to the permittee at least 10 calendar days before the hearing. The contents of the notice shall be as prescribed by PHMC Chapter 18.80.

Hearing. The person or body conducting the hearing shall hear testimony of city staff, the permittee, and any other interested person. A public hearing may be continued to a specific date and time without additional public notice.

Required findings. The person or body conducting the hearing may revoke or modify the permit upon making one or more of the following findings:

Decision and notice. Within 10 calendar days of the conclusion of the hearing, the person or body that conducted the hearing shall render a decision and shall mail notice of the decision to the permittee and to any other person who has filed a written request for such notice.

Effective date – Appeals. A decision to revoke a discretionary permit becomes final 10 calendar days after the notice of the decision is mailed, unless appealed.

Other remedies. The city's right to revoke a discretionary permit is in addition to any other remedy allowed by law.

If property in the city exists in violation of this title, and the owner fails or refuses to correct the violation, the city may record a notice of violation against the affected property.

Before recording such a notice, the city shall do all of the following: