(Repealed by Ord. 12-2011)

(Repealed by Ord. 4-2017)

(Repealed by Ord. 4-2017)

The purpose of this zoning code is to set forth and coordinate city regulations governing the development and use of land in accordance with the city of Rancho Cordova General Plan. The zoning code is specifically intended to do the following:

A. Serve as the principal tool for implementing the city’s General Plan in a manner that protects the health, safety, and welfare of the citizens of Rancho Cordova.

B. Facilitate prompt review of development proposals and provide for public information, review, and comment on development proposals that may have a significant impact on the community.

C. Create a comprehensive and stable pattern of land uses to help ensure the provision of adequate water, sewerage, transportation, drainage, parks, open space, and other public facilities.

D. Conserve and protect the city’s natural resources and features such as creeks, significant trees such as heritage oaks, and historic and environmental resources.

E. Create a complete multi-modal transportation network that promotes pedestrian-oriented development, safe and effective traffic circulation, and adequate facilities for all transportation modes (e.g., walking, bicycling, driving, and using transit).

F. Require that permitted uses and development designs provide reasonable protection from fire, flood, landslide, erosion, or other manmade or natural hazards.

G. Ensure compatibility between residential and nonresidential development and facilitate the development of compatible mixed-use developments. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.1.010)].

This zoning code, hereafter referred to as “this code,” is enacted based on the authority vested in the city of Rancho Cordova by the state of California, including but not limited to Article XI, Section 7 of the State Constitution; the Planning and Zoning Law (Government Code Section 65000 et seq.); the Subdivision Map Act (California Government Code Section 66410 et seq.); and the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.). [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.1.020)].

This code applies to all land uses, structures, subdivisions, and development in the city of Rancho Cordova, as follows:

A. New Land Uses or Structures and Changes to Land Uses or Structures. Compliance with the requirements of this zoning code is required for any person or public agency to lawfully establish, construct, reconstruct, alter, or replace any use of land or structure.

B. Issuance of Building Permits. The city may issue building or other construction permits only when:

1. The proposed land use and/or structures satisfy the requirements of subsection (A) of this section and all other applicable regulations; and

2. The director determines that the site was subdivided in compliance with the Rancho Cordova land division requirements.

C. Subdivisions. Any subdivision of land after the effective date of the ordinance codified in this code shall be consistent with minimum lot size requirements and all other requirements of this code.

D. Existing Uses and Structures. An existing land use or structure is lawful only when it was legally established and is operated and maintained in compliance with all applicable provisions of this code.

E. Minimum Requirements. The provisions of this code shall be the minimum to ensure the public health, safety, and welfare. For discretionary actions, city officials or bodies have the discretion to impose more stringent requirements than set forth in this code as may be necessary to promote orderly land use development and the purposes of this code.

F. Other Requirements. Nothing in this code eliminates the need for obtaining permits, approvals, or entitlements required by the county or any regional, state, or federal agency.

G. Severability. Invalidity or enforceability of one or more provisions of this code shall not affect any other provision of this code. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.1.030)].

Land use permits are required when a development as defined by this code is proposed unless exempted under a specific provision. When land use permits are required, the following shall apply:

A. No person shall initiate a qualifying development until a land use permit has been approved (including appeals).

B. The city shall not issue any other permit for the development until the land use permit has been approved (including appeals).

C. Concurrent review of building permit applications and other applications related to the land use permit are allowed under the following conditions:

1. Final approval of building and other permits is not allowed without land use permit approval; and

2. The applicant acknowledges the risk that a land use permit may be denied, the land use permit could change, and/or the outcome of the land use permit could alter other permit requirements.

D. A land use permit shall not be approved for the division, improvement, or use of land that has been divided or otherwise developed in violation of this code unless the violation is corrected prior to or concurrent with issuance of a land use permit.

E. All appeal periods or actions related to a land use permit must be completed prior to any action that requires the related land use permit to initiate and all relevant time periods shall be suspended until final action is taken. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.1.040)].

The enactment of this title or amendments to its requirements may have the effect of imposing different standards on new land uses, development, and/or structures than those that applied to existing land uses, development, and/or structures. [Ord. 4-2017 § 3 (Exh. B)].

This zoning code shall be administered by the council and director as well as other city staff and decision-making bodies as defined in this code. Chapter 23.104 RCMC (Approval Authority) further defines the administrative responsibilities of each planning review body. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.1.050)].

Code reviser’s note: Ordinance 13-2013 Exhibit B sets out all of Article 1 without intending to amend the entire article. Only sections intended to be amended by the ordinance cite the ordinance in the section’s legislative history.

The purpose of this chapter is to establish the administrative responsibilities of the zoning code and to identify the basic responsibilities of the officials and bodies charged with its administration. This chapter describes which review body makes the final decision on various types of planning and land use entitlement applications. The zoning code uses a combination of nondiscretionary and discretionary reviews to evaluate land use proposals for compliance with the use and development requirements of this code. The nondiscretionary reviews provide the certainty needed in most situations by providing clear and objective criteria. Discretionary reviews provide needed flexibility by allowing more subjective criteria and by providing for the modification of regulations in response to specific site conditions. [Ord. 15-2022 § 4 (Exh. A); Ord. 22-2021 § 3 (Exh. A); Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.2.010)].

California Government Code Section 65100 requires each jurisdiction to establish a planning agency to carry out the planning and land use functions of the jurisdiction. The functions of the planning agency are assigned as designated by this code. In the absence of an assignment, the council shall retain responsibility and authority to function as the planning agency. [Ord. 15-2022 § 4 (Exh. A); Ord. 22-2021 § 3 (Exh. A); Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.2.020)].

A. Approval Types. The zoning code establishes which planning body recommends, makes final determinations, and hears appeals for each planning and land use entitlement request. This approval authority is determined by the type of approval required for each planning and land use entitlement. The approval types are as follows:

1. Nondiscretionary Administrative. Decisions do not require interpretation or exercise of policy or legal judgment in evaluating approval criteria because the decision is made according to specific criteria where no discretion is involved. Permits may be issued over the counter by staff. The director is the approval authority for nondiscretionary actions. The action of the director is not subject to appeal.

2. Limited Discretion. Approval or denial is based on discretionary standards that regulate the physical characteristics of a use or structure. Decisions must be consistent with the adopted criteria. Notice of decision is required with opportunity to request public hearing. The action of the director may be appealed to the council.

3. Discretionary (Quasi-Judicial). Decisions involve the application of discretionary approval standards to site-specific applications. The director makes recommendations to the council or planning commission for final decisions with specific findings. A public hearing is required. Decisions of the planning commission can be appealed pursuant to RCMC 23.110.160. Decisions of the council are not subject to appeal.

4. Discretionary (Legislative). Decisions must be made by the city council. Legislative land use decisions apply to the general population and prescribe policy, requiring the greatest amount of discretion and evaluation of subjective approval criteria. City council is the approval authority for legislative land use permits. The director and/or planning commission makes recommendations to the city council. Generally, a recommendation is requested from staff and/or another recommending body on legislative entitlements. A public hearing is required, and these decisions cannot be appealed.

B. Public Hearings Required. Table 23.104-1 identifies the type of public hearing required by entitlement.

(1)    Notice of decision is required with the opportunity to request a public hearing. If no public hearing is requested, decision is rendered and notice of decision provided in accordance with Chapter 23.110 RCMC (Application Processing).

(2)    See RCMC 23.113.090.

[Ord. 15-2022 § 4 (Exh. A); Ord. 22-2021 § 3 (Exh. A); Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 13-2013 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.2.030)].

The director may refer any entitlement with limited discretion for which the director is the final approval authority to the planning commission or council for action.

A. Referral. The director may refer any item to planning commission or council for consideration. The director may refer an item with or without making a final determination or a recommendation for action.

B. Planning Commission or Council Review. The planning commission or council shall review the referred item at a noticed meeting and take one of the following actions:

1. Refer the item back to the director for review and final action. Referral back to the director does not preclude the item being appealed or being called up by council following final action.

2. Cause the item to be scheduled at the next regularly scheduled council meeting, allowing for public hearing notice.

C. Public Hearing Required. A public hearing shall be required for all items referred to and accepted by the planning commission or council for action in accordance with the following:

1. Public Hearing Notice. A notice for public hearing shall be provided for in accordance with RCMC 23.110.120 (Notice of public hearing).

2. Public Hearing Procedure. A public hearing shall be held in accordance with RCMC 23.110.130 (Public hearing procedures). [Ord. 15-2022 § 4 (Exh. A); Ord. 22-2021 § 3 (Exh. A); Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B)].

This chapter assigns code interpretation responsibility to the director to allow interpretations to be made on a regular basis and allows the director to elevate certain interpretations to the council when necessary to make a policy decision that may have a significant impact on the community at large. This chapter also provides rules for interpretation to clarify the use of some basic terms. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.3.010)].

The director shall have the authority and responsibility to interpret terms, provisions, and requirements of this code according to the following:

A. Abbreviations. The following phrases, personnel, and document titles are shortened in this code:

B. Terminology. The following rules apply to all provisions in this code:

1. Language. The words “shall,” “will,” “is to,” and “are to” and similar words and phrases are always mandatory. “Should” is not mandatory but is strongly recommended and “may” is permissive.

2. Tense and Number. The present tense includes the past and future tense, and the future tense includes the present. The singular number includes the plural, and plural numbers include the singular unless the natural construction of the word indicates otherwise.

3. Conjunctions. “And” indicates that all connected items or provisions shall apply. “Or” indicates that the connected items or provisions may apply singly or in any combination. “Either...or” indicates that the connected items and provisions shall apply singly but not in combination. “Includes” and “including” shall mean “including but not limited to.”

4. Number of Days. Whenever a number of days is specified in this code, or in any entitlement, condition of approval, or notice issued or given as provided in this code, the number of days shall be construed as calendar days, unless business days are specified. Time limits will extend to the following business day where the last of the specified number of days falls on a day that the city is not open for business.

5. Minimum Requirements. All provisions of this code are considered to be minimum requirements, unless specifically stated otherwise.

C. Calculations – Rounding. Where any provision of this code requires calculation to determine applicable requirements, any fractional/decimal results of the calculation shall be rounded to the nearest whole number (0.5 or more is rounded up, less than 0.5 is rounded down).

D. Zoning Regulations. Any list of any item, including zones or uses, is exclusive. If an item is not listed, it is not permitted, except as otherwise provided for in this title.

E. Consistency of Text and Diagrams. Diagrams are provided in this code to illustrate the requirements of the zoning code’s text. In the event of conflict between the text of this code and provided diagrams, the text shall determine the city’s regulations. [Ord. 4-2018 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.3.020)].

A. Director Determination. Whenever the director determines that the meaning or applicability of any of the requirements of this code is ambiguous, misleading, or unclear, the director may issue an official interpretation.

B. Referral. The director may refer an official interpretation to the council for a final determination.

C. Council Review Following Referral. The initial referral is placed on the consent agenda at the next council meeting so that the council decides one of the following actions:

1. The director determination remains as stated.

2. Requires council decision as a regular agenda item for action at the next regularly scheduled council meeting. No public hearing shall be required.

D. Record of Interpretation. The department shall keep records of the official determinations of interpretations on file for future reference and to ensure consistency of interpretations over time. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.3.030)].

This chapter describes the general procedures that apply to land use entitlement reviews. This chapter applies to all land use entitlement applications, unless stated otherwise. [Ord. 22-2021 § 3 (Exh. A); Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.4.010)].

A. Where a proposal involves more than one entitlement for the same property, then all entitlements shall be reviewed in a consolidated manner by the highest review authority.

B. In the event an appeal is filed regarding a decision on one of multiple entitlements concurrently granted for a single project, all concurrently granted city entitlements for the project shall be automatically appealed and shall be considered and acted upon in a consolidated manner. [Ord. 22-2021 § 3 (Exh. A); Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 13-2013 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.4.020)].

Land use entitlement applications may be initiated as follows:

A. General Plan Amendment. An amendment to the General Plan may be initiated by either of the following:

1. A request by any party; or

2. Council action passed by a simple majority of the entire council.

B. All other entitlement requests may be initiated by any of the following:

1. All the owners or all the contract purchasers of the subject property, or any person authorized in writing to act as agent of the owner or contract purchasers;

2. Public agencies or utilities that have statutory rights of eminent domain for projects they have the authority to construct;

3. The director; or

4. Council action passed by a simple majority of the entire council. [Ord. 22-2021 § 3 (Exh. A); Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.4.030)].

A. Filing. All applications for land use entitlements shall be submitted to the department on an application form provided by the department, together with all fees, plans, maps, and other information required by the department.

B. Fees. The council shall, by resolution, establish a schedule of fees for entitlements pertaining to this zoning code. The schedule of fees may be changed or modified only by resolution of the council. Until all applicable fees have been paid in full, review shall not commence on any application. The city is not required to continue processing any application unless its fees are paid in full. Failure to pay the applicable fees is grounds for determination of incompleteness.

C. New Information. Information submitted by the applicant to the city after the date the application is deemed complete that results in a substantial change from the original application shall require review as a new application. The director shall determine whether a substantial change from the original application has been proposed.

D. Application Denial and Refiling. If an application is denied, a new application for the same or similar request may be accepted with no waiting period. [Ord. 22-2021 § 3 (Exh. A); Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 13-2013 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.4.040)].

A. Within 30 calendar days of application submittal, the director shall determine whether or not the application is complete in compliance with Government Code Sections 65090 through 65092.

B. The applicant shall be notified in writing if additional information is necessary to complete the application. The correspondence may identify preliminary information regarding the areas in which the submitted plans are not in compliance with city standards and requirements.

C. If additional materials are required and the application is not made complete within six months of the completeness determination letter, the application may be withdrawn pursuant to RCMC 23.110.060 (Withdrawal of land use application).

D. A determination of incompleteness shall be based solely on failure to address and supply information required by the application or this code and/or failure to provide information requested by the director in a pre-application conference or otherwise, as determined necessary to adequately evaluate the proposal. The determination of incompleteness shall not be based on differences of opinion as to quality or accuracy.

E. Acceptance of an application as complete indicates only that the application is ready for review. [Ord. 22-2021 § 3 (Exh. A); Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.4.050)].

The following procedure allows for the withdrawal of land use applications:

A. Request. The director may approve the withdrawal of any application upon written request by the applicant, prior to the final determination on the entitlement.

B. Incomplete Applications. An application determined to be incomplete for a period longer than six months shall be considered withdrawn unless all required materials listed in the incompleteness determination letter are provided. The six-month time period may be extended at the discretion of the director, provided a written request for extension is filed by the applicant prior to conclusion of the six-month period.

C. Fees Refunded. Fees for withdrawn applications may be refunded upon written request by the applicant, less the actual costs incurred by the city in processing the application. [Ord. 22-2021 § 3 (Exh. A); Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.4.060)].

The director, at the applicant’s request, may extend the expiration date of a land use entitlement assuming the following criteria are met:

A. Requests for extension must be filed in writing with the director prior to the expiration date of the original approval or expiration date of an approved extension.

B. No single extension of time shall exceed a one-year period.

C. The cumulative extension time granted shall not exceed three years.

D. Extensions shall not be approved where the effect of the extension would violate any provisions of this code or any amendments made following the effective expiration date.

E. Extensions shall not modify the original decision. [Ord. 22-2021 § 3 (Exh. A); Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.4.070)].

After determination of a complete application, the project shall be reviewed as required by the California Environmental Quality Act (CEQA) to determine whether the project is exempt from the requirements of CEQA or is not a project as defined by CEQA, whether a negative declaration may be issued, or whether an environmental impact report (EIR) shall be required. [Ord. 22-2021 § 3 (Exh. A); Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.4.080)].

A pre-application conference is available to acquaint applicants with the requirements of this code, the General Plan, and other relevant criteria. To schedule a pre-application conference, the applicant shall submit a written request and provide submittal requirements identified by the department. The director shall schedule the pre-application conference with planning staff or with a project review team composed of department and/or agency representatives. [Ord. 22-2021 § 3 (Exh. A); Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.4.090)].

A neighborhood meeting may be required for certain entitlements as follows:

A. Purpose. Provide for community outreach early in the application process to involve neighborhood stakeholders in a collaborative review of proposed development applications. The neighborhood meeting is intended to result in an application that is responsive to neighborhood concerns, reducing the likelihood for delays and appeals of the application.

B. Expectations. The city expects an applicant to take the reasonable concerns and recommendations of the neighborhood into consideration when preparing an application. The city expects the neighbors will work with the applicant to provide such input.

C. The director shall require a neighborhood meeting for an entitlement request that has the potential to raise concerns of neighborhood or community impact. The need for the neighborhood meeting shall be determined by the director and shall be decided within seven days of the application being deemed complete.

D. If a neighborhood meeting is required, such meeting shall be conducted before the director will schedule a public hearing for the entitlement request.

E. The director or a designee shall be invited to the neighborhood meeting and may attend, but attendance is not required.

F. Requirements.

1. A sign-in sheet must be completed on the night of the neighborhood meeting and submitted to the city as verification that the meeting was held. The sign-in sheet should indicate the date, time, and location of the meeting, a brief heading describing the subject of the proposal, and the signatures of those in attendance at the meeting.

2. Those notified of the neighborhood meeting shall, at a minimum, include all owners and occupants of properties located within 500 feet of the subject property, active homeowners associations, and any other interested parties identified by the director.

3. A presentation at a neighborhood meeting shall include, at a minimum:

a. Map depicting the location of subject property.

b. Visual description of the project including a site plan and elevation drawings of any structure.

c. A description of the nature of the use including sizes, heights of structures, proposed lot sizes, and densities.

d. The expected or anticipated impacts from development.

e. Any mitigation proposed by applicant to alleviate the expected and anticipated impacts.

f. Opportunity for public comment.

4. Applicants shall provide the city with a summary of the meeting and the above meeting materials for inclusion in the land use file, including public concerns that were raised and if those concerns can be addressed by the proposal and how the concerns were addressed. Applicants are encouraged to reconcile and propose modifications to the project to address public concerns prior to a public hearing. [Ord. 22-2021 § 3 (Exh. A); Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.4.100)].

A. Notice of Pending Determination. Written notice of scheduled date of director determination for an entitlement with limited discretion shall be provided at least seven calendar days prior to the director action. Notice shall be provided to the applicant, interested parties having requested notices in writing, neighborhood associations within proximity of the subject parcel, owners and occupants of real property within 500 feet of the subject parcel as measured from the property line, and members of the council. The notice shall include:

1. The application request;

2. The planned date of determination to be taken by the director;

3. A brief statement explaining the criteria and standards to be considered relevant to the decision;

4. The opportunity to request a public hearing on the matter including deadlines, instructions, and contact information; and

5. Information regarding subsequent follow-up notice of decision and opportunity for appeal. [Ord. 22-2021 § 3 (Exh. A); Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B)].

A. Applicability. The following notice of public hearing requirements shall apply to discretionary entitlements decided by the planning commission or council and limited discretionary decisions by the director as requested in accordance with RCMC 23.110.140 (Notice of decision).

B. Hearing Notice. Unless otherwise required by law, notice of time, date, and place of the hearing, the identity of the hearing body, a general explanation of the matter to be considered, and a general description, in text or by diagram, of the location of real property which is the subject of the hearing, shall be given at least 10 calendar days prior to the hearing by all of the following procedures:

1. By publication once in a newspaper of general circulation within the city.

2. By mailing or delivering to the owner of the subject real property or the owner’s duly authorized agent, and to the project applicant.

3. By mailing or delivering to each local agency expected to provide water, sewerage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

4. By mailing or delivering to all owners and occupants of real property as shown on the latest equalized assessment roll within 500 feet of the real property that is the subject of the hearing as measured from the property line. If the number of owners to whom notice would be mailed or delivered pursuant to this section is greater than 1,000, a local agency, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the city.

5. By mailing or delivering to neighborhood associations within proximity of the subject site, as determined by the director.

6. By mailing or delivering to any person who has filed a written request with the department.

7. By posting in at least three public places within the boundaries of the city, including one public place in the area directly affected by the proceeding.

8. By any additional manner deemed necessary or desirable, as required by the director.

C. Continuances. Unless otherwise required by law, no additional notice shall be required if the reviewing body, before the adjournment or recess of a duly noticed hearing, continues the hearing by publicly announcing the date, time, and place to which the hearing will be continued.

D. Any applications under this code in which any identified or anticipated use is in any way related to religious exercise should be referred to the city attorney prior to consideration or decision. “Religious exercise” for purposes of this section includes prayer, religious gatherings, religious practices, religious education, and church administration. [Ord. 22-2021 § 3 (Exh. A); Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B)].

A. Applicability. The following public hearing procedures shall apply to public hearings by the council and by the director as requested in accordance with RCMC 23.110.140 (Notice of decision):

B. Scheduling of Public Hearing. A public hearing upon an application shall be set before the appropriate reviewing body when:

1. The director has determined that the application complies with all applicable requirements; and

2. All procedures and review required by CEQA have been completed.

C. Public Hearing Procedures.

1. Hearing. A public hearing shall be held at the date, time, and place described in the required public notice.

2. Hearing Comments. During a public hearing, the applicant for a project shall have the right to be represented, provide testimony, and present evidence. All other persons shall have the right to comment on any relevant aspect of the application under consideration.

3. Action. Following the completion of testimony at a public hearing, action shall be taken to approve, approve with conditions, deny, continue, or take under advisement the subject of the public hearing. [Ord. 22-2021 § 3 (Exh. A); Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B)].

A. Director Limited Discretion Decisions. Written notice of decision shall be provided within three business days of the date of decision to the applicant; all parties who submitted comments orally or in writing at or prior to the public hearing or who provided contact information to receive notice; and to members of the council. The notice shall include:

1. The application request as acted upon by the director;

2. The action taken by the director;

3. A brief statement explaining the criteria and standards considered relevant to the decision;

4. A statement of the standards relied upon in rendering the decision;

5. Findings as listed for each entitlement for the decision based on the criteria, standards, and facts set forth; and

6. The deadlines, criteria, and fees for filing an appeal.

B. Council Discretionary Decisions. Written notice of decision shall be provided within three business days of the date of decision to the applicant and all parties who submitted comments orally or in writing at or prior to the public hearing and provided contact information to receive notice. The notice shall include:

1. The application request as acted upon by the council; and

2. The action taken by the council. [Ord. 22-2021 § 3 (Exh. A); Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B)].

Unless stated otherwise in the city’s entitlement decision, any approval granted under this code runs with the land and is transferred with ownership of that land. Any conditions, time limits, or other restrictions imposed with an entitlement approval shall bind all subsequent owners of the property for which the entitlement was granted. [Ord. 22-2021 § 3 (Exh. A); Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.4.140). Formerly 23.110.140].

A. Applicability. Only the following types of decisions are subject to appeal:

1. Limited discretion approval type decisions as listed in Table 23.104-1;

2. Official interpretations of the zoning code made by the director in accordance with RCMC 23.107.030 (Official interpretations); and

3. Any determination by the director in accordance with RCMC 23.110.050 (Determination of completeness) that a permit application is deemed incomplete.

4. Discretionary (quasi-judicial) approval decisions as listed in Table 23.104-1.

B. Scope of Appeal. An appeal of a decision on an entitlement shall be limited to issues raised at a public hearing, or in writing prior to the final determination, or information that was not known at the time of the decision that is being appealed.

C. Filing. An appeal may be filed by:

1. Any person affected by a decision or action by the director; or

2. Any person who, in person or through a representative, presented testimony at a public hearing in connection with the decision being appealed, or who otherwise informed the city in writing of the nature of their concerns.

D. Timing and Form of Appeal. Appeals shall be filed with the department within 10 calendar days following the date of the final determination being appealed. All appeals shall be submitted in writing, together with the name, address, phone number, and signature of the appellant, and the required filing fee. The written appeal shall specifically state the pertinent facts of the case and the basis for the appeal.

E. Processing.

1. Scheduling of Hearing. After an appeal has been received in accordance with subsection (D) of this section, the planning commission clerk or city clerk shall schedule the matter for a hearing within 45 days of receipt of the appeal.

2. Public Hearing Notice. Appeal items shall be noticed for public hearing in accordance with RCMC 23.110.120 (Notice of public hearing). If more than one party files an appeal on a land use action, the appeals shall be consolidated and noticed and heard as one proceeding.

3. Withdrawal of an Appeal. An appeal may be withdrawn, in writing, by an appellant at any time prior to the rendering of a final decision. The appeal proceedings shall terminate as of the date the withdrawal is received by the city. If multiple appeals are received, then withdrawal of all appeals received must be made prior to terminating appeal proceedings.

4. Scope of Review. The planning commission or council may consider any issue associated with the decision under consideration, in addition to the specific grounds for appeal. The planning commission or council may also consider any environmental determination applicable to the permit or decision under consideration.

5. New Evidence. If new or different evidence is presented during the appeal hearing, the planning commission or council may refer the matter back to the original approval authority as applicable for a report on the new or different evidence prior to final decision.

6. Effective Date of Decision. A decision by the planning commission on an appeal is also subject to the appeal procedures and is not effective until 10 calendar days after the decision is rendered. A decision by the council on an appeal is effective as of the date of the decision.

7. The findings, decision, and action of the hearing body shall be final unless otherwise stated in this code. [Ord. 22-2021 § 3 (Exh. A); Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B)].

A. Applicability. The council may elevate only the following types of decisions for review and action:

1. Limited and discretionary (quasi-judicial) discretion decisions as listed in Table 23.104-1;

2. Official interpretations of the zoning code made by the director in accordance with RCMC 23.107.030 (Official interpretations).

B. Filing. A council call-up may be requested by at least two members of the council.

C. Timing and Form of Appeal. Requests for call-up shall be filed with the department within 10 calendar days following the date of the final determination being appealed. All requests shall be submitted in writing, together with the name and signature of the council member(s). The written appeal shall specifically state the pertinent facts of the case and the basis for the appeal. A council member call-up, however, shall not state their opinion on the matter, nor state facts of the case, the basis for the appeal, nor give any indication of how they intend to vote.

D. Processing.

1. Scheduling of Hearing. After a council call-up request has been received in accordance with subsection (C) of this section, the city clerk shall schedule the matter for the next regularly scheduled council agenda.

2. Public Hearing Notice. Council call-up items shall be noticed for public hearing in accordance with RCMC 23.110.120 (Notice of public hearing). If more than one council member requests to call an item up, the requests shall be consolidated and noticed and heard as one proceeding.

3. Withdrawal of a Request. A request may be withdrawn by the requesting council member at any time prior to the rendering of a final decision. The council call-up proceedings shall terminate as of the date the withdrawal is received by the city. If multiple requests for call-up were received, then withdrawal of all call-up requests received must be made to terminate proceedings.

4. Scope of Review. The council may consider any issue associated with the decision under consideration, in addition to the specific grounds for call-up. The council may also consider any environmental determination applicable to the permit or decision under consideration.

5. New Evidence. If new or different evidence is presented during the call-up hearing, the council may refer the matter back to the original approval authority as applicable for a report on the new or different evidence prior to final decision.

6. Effective Date of Decision. A decision by the council on any item called up for review and action is effective as of the date of the decision.

7. The findings, decision, and action of the council shall be final. [Ord. 22-2021 § 3 (Exh. A); Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B)].

An applicant may request an amendment to a land use permit after the final written decision is issued. Amendments shall be processed as follows:

A. Substantial Conformance. The director may approve minor changes to a previously approved permit at the administrative level if the proposed changes are in substantial conformance with the existing permit and this code, as determined by the director. This subsection does not apply to changes called out in subsection (B) of this section, Minor Amendment, or subsection (C) of this section, Major Amendment, as defined herein.

B. Minor Amendment. Minor amendments to a previously approved permit shall be processed as follows:

1. Applicability. A minor amendment is a nonsubstantive change of a previously approved plan or permit. Minor amendments include:

a. Floor plan changes which do not result in more than a five percent or 5,000-square-foot change in total square footage, whichever is less.

b. Parking and circulation configurations which do not change the basic parking areas or circulation concept and do not reduce the number of parking spaces.

c. Building placements which do not change the general location of the building or layout of the site.

d. Landscape modifications which do not alter the general concept or reduce the effect or amount originally intended.

e. Architectural changes which do not change the basic form and theme of the project.

f. Exterior material or color changes which do not conflict with the original architectural form and theme, and which are consistent and compatible with the original materials and colors.

g. Changes to allow fulfillment of a condition of approval in a manner that may vary from that specified in the original conditions; provided, that the intent and purpose of such original condition is fully met.

h. Other requests similar to the above-listed minor amendments, as determined by the director.

2. Review Process. The director is the approval authority for minor amendments. No public hearing shall be required. A notice of decision shall be issued in accordance with RCMC 23.110.140 (Notice of decision).

C. Major Amendment. Major amendments to a previously approved permit shall be processed as follows:

1. Applicability. A major amendment is a significant change of a previously approved plan or permit. Major amendments include:

a. Floor plan changes which result in more than a five percent or 5,000-square-foot change in total square footage, whichever is less.

b. Parking and circulation configurations which change the basic parking areas or circulation concept or result in a reduction of the number of parking spaces.

c. Building placements which change the general location of the building or layout of the site.

d. Landscape modifications which alter the general concept or reduce the effect or amount originally intended.

e. Architectural changes which change the basic form and theme of the project.

f. Exterior material or color changes which conflict with the original architectural form and theme, and which are not consistent and compatible with the original materials and colors.

g. Changes to a condition of approval in a manner that changes the effect of the condition from its original form and intent.

h. All amendments to an approved development agreement.

i. Other requests similar to the above-listed major amendments, as determined by the director.

2. Review Process. A major amendment shall be processed in the same manner and subject to the same standards as the original application. [Ord. 22-2021 § 3 (Exh. A); Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B)].

Zoning certification is an administrative procedure to certify that a proposed structure or land use is allowed in the applicable zoning district and that the project complies with all applicable requirements of the zoning code. This includes building permit plan check, business license review, home occupations, sign permits, and similar activities that require a compliance check with regard to zoning code provisions. [Ord. 4-2024 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.5.010)].

Zoning certification is required:

A. Prior to obtaining a building permit, sign permit, or other ministerial permit where planning approval is required.

B. Prior to obtaining a business license, including home occupations (see also home occupation standards in RCMC 23.901.030 (Home occupations)).

C. Prior to the establishment of any land use allowed as a permitted (“P”) use in Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards) that involves no construction requiring a building or other permit. [Ord. 4-2017 § 3 (Exh. B); Ord. 13-2013 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.5.020)].

No application is required for zoning certification. [Ord. 4-2017 § 3 (Exh. B)].

Zoning certification is a nondiscretionary decision by the director as outlined in RCMC 23.104.030 (Recommending and approval authority). [Ord. 4-2017 § 3 (Exh. B)].

No public hearing is required for review and processing of a zoning certification. [Ord. 4-2017 § 3 (Exh. B)].

A notice of decision shall be rendered as follows:

A. Approval. Approvals shall be indicated with a stamp, city staff signature, or other official notation on approved plans. A letter may also be provided to the applicant if warranted at the discretion of the director.

B. Denial. Denials shall be indicated in writing to the applicant. [Ord. 4-2017 § 3 (Exh. B)].

The approval authority shall approve the zoning certification after finding all of the following. If the approval authority does not make all of these findings, the zoning certification shall not be approved.

A. Existing site improvements and/or structures comply with all applicable requirements of this zoning code.

B. New improvements comply with the standards and requirements of this zoning code and other applicable regulations. [Ord. 4-2017 § 3 (Exh. B); Ord. 13-2013 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.5.030). Formerly 23.113.030].

In approving a zoning certification, the approval authority may impose reasonable conditions of approval to ensure that all applicable criteria are met. [Ord. 4-2017 § 3 (Exh. B)].

Zoning certifications are not subject to appeal. If, however, a zoning certification requires a similar use determination, then the appeal procedures under Chapter 23.122 RCMC shall apply to the similar use determination. [Ord. 4-2017 § 3 (Exh. B)].

Zoning certifications shall not expire. [Ord. 4-2017 § 3 (Exh. B)].

An applicant may request an amendment to a zoning certification after the final written decision is issued. Amendments shall be processed in accordance with RCMC 23.110.180 (Amendments). [Ord. 4-2017 § 3 (Exh. B)].

Temporary use permits (TUP) provide a process for administrative review and determinations to allow short-term activities that may not meet the normal development or use standards of the applicable zoning district, but may be acceptable because of their temporary nature. Provisions in this chapter place restrictions on the duration of the temporary use, its location, and other development standards. The intent of these regulations is to ensure that the temporary use does not adversely impact the long-term uses of the same or neighboring sites, or impact the general health, safety, and welfare of persons residing in the community. [Ord. 4-2017 § 3 (Exh. B); Ord. 13-2013 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.6.010)].

A. Permit Required. Those temporary uses listed in RCMC 23.922.030(B) are required to get a temporary use permit.

B. Exempt Activities. Those temporary uses listed in RCMC 23.922.030(A) are exempt from the temporary use permit requirements. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.6.020)].

An application for a temporary use permit shall be filed in accordance with RCMC 23.110.040 (Application requirements). [Ord. 4-2017 § 3 (Exh. B)].

Temporary use permits are a nondiscretionary entitlement decided by the director as designated in RCMC 23.104.030 (Recommending and approval authority). [Ord. 4-2017 § 3 (Exh. B)].

No public hearing is required for review and processing of a temporary use permit. [Ord. 4-2017 § 3 (Exh. B)].

Written notice of decision shall be provided within three business days of the date of decision to the applicant. [Ord. 4-2017 § 3 (Exh. B)].

The approval authority shall approve, or approve with conditions, an application for a temporary use permit after finding all of the following. If the approval authority does not make all of these findings, the temporary use permit shall not be approved.

A. The establishment, maintenance, or operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use.

B. The use, as described and conditionally approved, will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.

C. The use is consistent with all applicable provisions of this zoning code, municipal code, General Plan, and any applicable Specific Plans or city regulations/standards.

D. Approved measures for the removal of the use and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this zoning code. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.6.040). Formerly 23.116.040].

In approving a temporary use permit, the approval authority may impose conditions as follows:

A. Measures to minimize impact on adjacent uses, such as buffers, hours of operation, lighting requirements, and/or parking measures.

B. Property maintenance requirements to ensure that each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use.

C. The approval authority may require appropriate performance guarantees/security before initiation of the use to ensure proper cleanup after the use is finished.

D. Other conditions of approval deemed reasonable and necessary to ensure that the approval would be in compliance with the findings above. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.6.050). Formerly 23.116.050].

Temporary use permits are not subject to appeal. [Ord. 4-2017 § 3 (Exh. B)].

Temporary use permits shall expire one year from the date of approval unless otherwise indicated in the conditions of approval. [Ord. 4-2017 § 3 (Exh. B)].

An applicant may request an amendment to a temporary use permit after the final written decision is issued. Amendments shall be processed in accordance with RCMC 23.110.180 (Amendments). [Ord. 4-2017 § 3 (Exh. B)].

The purpose of the unified sign program is to adopt unique and specific design and development standards for multitenant and mixed-use developments. The intent is to integrate a project’s signs with the design of the structures to achieve a unified architectural statement. A unified sign program provides a means for defining common sign regulations for multitenant projects, to encourage maximum incentive and latitude in design and display of multiple signs, and to achieve, not circumvent, the intent of this code. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2014 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.7.010)].

A unified sign program shall be required for:

A. All new multitenant shopping centers, integrated developments, office parks, and other multitenant or mixed-use development of three or more separate tenants/uses that share either the same parcel or structure and use common access and parking facilities;

B. All redesign, remodel, or redevelopment of existing uses as identified in RCMC 23.743.030(D)(2) where more than 50 percent of the building square footage or 50 percent of the building facade would be modified if not already covered by a unified sign program; and

C. Any commercial development within the special sign corridor proposing a unified sign program as allowed in RCMC 23.743.120(C)(2). [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2014 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.7.020)].

An application for a unified sign program shall be filed in accordance with RCMC 23.110.040 (Application requirements). [Ord. 4-2017 § 3 (Exh. B)].

Unified sign programs are a limited discretionary decision by the director as designated in RCMC 23.104.030 (Recommending and approval authority). [Ord. 4-2017 § 3 (Exh. B)].

No public hearing is required for director determination on a uniform sign program unless requested pursuant to RCMC 23.110.110 (Notice of pending director determination and opportunity to request hearing). If a public hearing is requested, notice and hearing procedures shall be consistent with RCMC 23.110.120 (Notice of public hearing) and RCMC 23.110.130 (Public hearing procedures), respectively. [Ord. 4-2017 § 3 (Exh. B)].

The notice of decision shall be issued pursuant to RCMC 23.110.140 (Notice of decision). [Ord. 4-2017 § 3 (Exh. B)].

The approval authority shall approve, or approve with conditions, an application for a unified sign program after finding all of the following. If the approval authority does not make all of these findings, the unified sign program shall not be approved.

A. The proposed sign program does not violate provisions of this zoning code and the municipal code.

B. The proposed sign program is generally consistent with location, size, height, setback and other requirements of the underlying zoning district and applicable design guidelines for signs permitted with or without a unified sign program requirement.

C. The appearance, scale, materials, design and graphics, and orientation of signs are in keeping with the character of the site and buildings, and the surrounding neighborhood.

D. Approval of the unified sign program would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity in which the project is located.

If the director does not make all of these findings, he/she shall deny the unified sign program. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2014 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.7.040). Formerly 23.119.040].

In approving a unified sign program, the approval authority may impose any reasonable conditions to ensure that the approval will comply with the required findings as well as any performance criteria and development standards contained within this code. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2014 § 3 (Exh. B). Formerly 23.119.050].

Appeal of a unified sign program may be filed pursuant to RCMC 23.110.160 (Appeals). [Ord. 4-2017 § 3 (Exh. B)].

Generally, unified sign programs don’t expire. However, where a uniform sign program is approved with other entitlements for new construction, the life of the uniform sign program shall coincide with the expiration or extension of said entitlements. [Ord. 4-2017 § 3 (Exh. B)].

An applicant may request an amendment to a unified sign program after the final written decision is issued. Amendments shall be processed in accordance with RCMC 23.110.180 (Amendments). [Ord. 4-2017 § 3 (Exh. B)].

The land use table may not include all possible uses. When a specific use is not listed and it is unclear whether the use is permitted, the similar use determination allows the director to determine whether or not a proposed use is similar to a listed use and whether it may be permitted in a particular zoning district. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.8.010)].

A similar use determination is required when a use is not specifically listed in this zoning code but may be permitted if it is determined to be similar in nature to a temporary, permitted, or conditionally permitted use. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.8.030). Formerly 23.122.030].

An application for a similar use determination shall be filed in accordance with RCMC 23.110.040 (Application requirements). [Ord. 4-2017 § 3 (Exh. B)].

Similar use determinations are a limited discretionary decision by the director in accordance with RCMC 23.104.030 (Recommending and approval authority). [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.8.020). Formerly 23.122.020].

No public hearing is required for review and processing of a similar use determination unless requested pursuant to RCMC 23.110.110 (Notice of pending director determination and opportunity to request hearing). If a public hearing is requested, notice and hearing procedures shall be consistent with RCMC 23.110.120 (Notice of public hearing) and 23.110.130 (Public hearing procedures), respectively. [Ord. 4-2017 § 3 (Exh. B)].

The notice of decision shall be issued in accordance with RCMC 23.110.140 (Notice of decision). [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A)].

The approval authority shall make a similar use determination after finding all of the following. If the approval authority does not make all of these findings, the similar use determination shall not be approved.

A. The characteristics of and activities associated with the proposed use are equivalent to one or more of the listed uses and will not involve a higher level of activity, environmental impact, or population density than the uses listed in the zoning district.

B. The proposed use will be consistent with the purposes of the applicable zoning district.

C. The proposed use would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity in which the proposed use will be allowed.

D. The proposed use will be consistent with the General Plan, any applicable Specific Plan, and the zoning code. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.8.040). Formerly 23.122.040].

The approval authority may require modifications to the proposed use in whole or in part and may require specific use conditions to ensure consistency with all applicable provisions of this code. [Ord. 4-2017 § 3 (Exh. B)].

Appeals may be filed in accordance with RCMC 23.110.160 (Appeals). [Ord. 4-2017 § 3 (Exh. B)].

Similar use determinations shall not expire. [Ord. 4-2017 § 3 (Exh. B)].

Similar use determinations may not be amended following final action. A new similar use determination application shall be required. [Ord. 4-2017 § 3 (Exh. B)].

The department shall maintain a record of approved similar use determinations in a format convenient for public use and shall cause the approved similar use determinations to be added to the zoning ordinance at least once a year. [Ord. 4-2017 § 3 (Exh. B)].

The administrative use permit provides a process for director review and determination of requests for uses and activities whose effects on adjacent sites and surroundings need to be evaluated in terms of specific development proposals for specific sites. It is anticipated that uses qualifying for an administrative use permit are minor in nature, only have an impact on immediately adjacent properties, and can be modified and/or conditioned to ensure compatibility. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.9.010)].

An administrative use permit is required for projects proposing land uses designated with an “AUP” on the allowed use tables found in Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards). [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.9.020)].

An application for an administrative use permit shall be filed in accordance with RCMC 23.110.040 (Application requirements). [Ord. 4-2017 § 3 (Exh. B)].

Administrative use permits are a limited discretionary decision by the director as designated in RCMC 23.104.030 (Recommending and approval authority). [Ord. 4-2017 § 3 (Exh. B)].

No public hearing is required for review and processing of an administrative use permit unless requested pursuant to RCMC 23.110.110 (Notice of pending director determination and opportunity to request hearing) or unless required by law. If a public hearing is requested or required by law, notice and hearing procedures shall be consistent with RCMC 23.110.120 (Notice of public hearing) and RCMC 23.110.130 (Public hearing procedures), respectively. [Ord. 4-2017 § 3 (Exh. B)].

The notice of decision shall be issued pursuant to RCMC 23.110.140 (Notice of decision). [Ord. 4-2017 § 3 (Exh. B)].

The approval authority shall approve or approve with conditions an application for an administrative use permit after finding all of the following. If the approval authority does not make all of these findings, the administrative use permit shall not be approved.

A. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this zoning code, municipal code, General Plan, and any applicable Specific Plans or city regulations/standards.

B. The site is physically suited for the type, density, and intensity of the proposed use, including access, utilities, and the absence of physical constraints, and can be conditioned to meet all related performance criteria and development standards.

C. The permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity in which the project is located. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.9.030). Formerly 23.125.030].

In approving an administrative use permit, the approval authority may impose any reasonable conditions to ensure that the approval will comply with the required findings, as well as any performance criteria and development standards contained within this code. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.9.040). Formerly 23.125.040].

Appeal of an administrative use permit may be filed pursuant to RCMC 23.110.160 (Appeals). [Ord. 4-2017 § 3 (Exh. B)].

Administrative use permits shall expire three years from the date of approval, unless:

A. Substantial construction of the permitted use has commenced and is diligently pursued to completion; or clear documentation is provided to establish that the permit holder has made a good faith effort to commence work upon the use, the permitted use has clearly been established or actual legal occupancy of an existing building or land occurs under the terms of the permitted use; or

B. An extension is approved in accordance with RCMC 23.110.070 (Extension of land use entitlement).

Notice of expiration of an administrative use permit shall be issued to permit holder in writing at least 10 days prior to the expiration becoming final. The permit holder may make a written request for a hearing before the director to challenge the expiration. Such hearing must be held prior to the final expiration date, unless an extension is granted by the director. Director decisions following the hearing are final. [Ord. 4-2017 § 3 (Exh. B)].

An applicant may request an amendment to an administrative use permit after the final written decision is issued. Amendments shall be processed in accordance with RCMC 23.110.180 (Amendments). [Ord. 4-2017 § 3 (Exh. B)].

This chapter provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (collectively, the Acts) in the application of zoning laws and other land use regulations, policies, and procedures. [Ord. 1-2022 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.10.010)].

A. A request for reasonable accommodation may be made by any person with a disability, their representative, or any entity, when the application of a requirement of this zoning code or other city requirement, policy, or practice acts as a barrier to fair housing opportunities. A “person with a disability” is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment, or anyone who has a record of such impairment. This chapter is intended to apply to those persons who are defined as disabled under the Acts.

B. A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

C. A reasonable accommodation is granted to the household that needs the accommodation and does not apply to successors in interest to the site.

D. A reasonable accommodation may be granted in compliance with this chapter without the need for the approval of a variance. [Ord. 1-2022 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.10.020)].

An application for a reasonable accommodation permit shall be filed in accordance with RCMC 23.110.040 (Application requirements). [Ord. 1-2022 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.10.030)].

A reasonable accommodation permit is a limited discretionary decision by the director as designated in RCMC 23.104.030 (Recommending and approval authority). [Ord. 1-2022 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B)].

No public hearing is required for review and processing of a reasonable accommodation permit. Any information submitted as part of a reasonable accommodation request shall be stored in a manner to respect privacy of the applicant and shall not be available for public inspection. [Ord. 1-2022 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B)].

A written determination granting, granting with modifications, or denying the reasonable accommodation request shall be provided to the applicant within 45 days of the application being deemed complete. [Ord. 1-2022 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B)].

The written decision to grant, grant with modifications, or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following factors:

A. Whether the housing in the request will be used by a qualified individual with a disability under the Acts;

B. Whether the request for reasonable accommodation is necessary to make specific housing accessible to an individual with a disability under the Acts;

C. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city;

D. Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning;

E. Potential impact on surrounding uses, including damage to other properties;

F. Physical attributes of the property and structures;

G. Whether the requested reasonable accommodation would create a direct threat to the safety of others; and

H. Other reasonable accommodations that may provide an equivalent level of benefit. [Ord. 1-2022 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.10.040). Formerly 23.128.040].

In granting a request for reasonable accommodation, the approval authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings. The conditions shall also state whether the accommodation granted shall be removed in the event that the person for whom the accommodation was requested no longer resides on the site. [Ord. 1-2022 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.10.050). Formerly 23.128.050].

Appeal of a reasonable accommodation permit may be filed with the planning department, and subject to review by the city manager for a decision. [Ord. 1-2022 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B)].

Reasonable accommodation permits shall expire three years from the date of approval, unless:

A. Substantial construction of the permitted use has commenced and is diligently pursued to completion; clear documentation is provided to establish that the permit holder has made a good faith effort to commence work upon the use; the permitted use has clearly been established; actual occupancy of an existing building or land occurs under the terms of the permitted use; or

B. An extension is approved in accordance with RCMC 23.110.070 (Extension of land use entitlement). [Ord. 1-2022 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B)].

An applicant may request an amendment to a reasonable accommodation permit after the final written decision is issued. Amendments shall be processed in accordance with RCMC 23.110.180 (Amendments). [Ord. 1-2022 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B)].

This chapter allows for adjustments to certain zoning code provisions to allow creative design solutions and to accommodate unique site conditions. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.11.010)].

A. An adjustment may be granted to modify certain requirements of this zoning code, as listed in Table 23.131-1.

B. Under no circumstances shall an adjustment result in any of the following:

1. Allow a land use not otherwise permitted in the zone;

2. Waive a specific prohibition (e.g., prohibited sign);

3. Waive or modify a procedural requirement; or

4. A modification of standards greater than the maximum reduction or increase specified in Table 23.131-1 (Standards Subject to Adjustment). [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.11.020)].

An application for an adjustment shall be filed in accordance with RCMC 23.110.040 (Application requirements). [Ord. 4-2017 § 3 (Exh. B)].

Adjustments are a limited discretionary decision by the director in accordance with RCMC 23.104.030 (Recommending and approval authority). [Ord. 4-2017 § 3 (Exh. B)].

No public hearing is required for review and processing of an adjustment unless requested pursuant to RCMC 23.110.110 (Notice of pending director determination and opportunity to request hearing). If a public hearing is requested, notice and hearing procedures shall be consistent with RCMC 23.110.120 (Notice of public hearing) and RCMC 23.110.130 (Public hearing procedures), respectively. [Ord. 4-2017 § 3 (Exh. B)].

The notice of decision shall be issued in accordance with RCMC 23.110.140 (Notice of decision). [Ord. 4-2017 § 3 (Exh. B)].

The approval authority shall approve or approve with conditions an application for an adjustment after finding all of the following. If the approval authority does not make all of these findings, the adjustment shall not be approved.

A. That the proposed development is of sufficient size and is designed so as to provide a desirable environment within its own boundaries.

B. That the proposed development is compatible with existing and proposed land uses in the surrounding area.

C. That any exceptions to, or deviations from, the density requirements or design standards result in the creation of project amenities that would not be available through strict adherence to code provisions (e.g., additional open space, protection of natural resources, improved pedestrian connectivity, public plazas).

D. Granting the adjustment will not adversely affect the interests of the public or the interests of residents and property owners in the vicinity of the premises in question.

E. The adjustment is consistent with the General Plan or any applicable Specific Plan or development agreement.

F. The adjustment is the minimum required to achieve the desired result. [Ord. 4-2017 § 3 (Exh. B); Ord. 13-2013 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.11.040). Formerly 23.131.040].

In approving an adjustment, the approval authority:

A. Shall impose conditions to ensure that the adjustment does not grant special privileges inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is located.

B. May impose any reasonable conditions (e.g., the placement, height, nature, and extent of the use, buffers, landscaping and maintenance, off-site improvements, performance guarantees, screening, surfacing, hours of operation) to ensure that the approval complies with the findings required by this chapter. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.11.060). Formerly 23.131.060].

Appeals of an adjustment may be filed in accordance with RCMC 23.110.160 (Appeals). [Ord. 4-2017 § 3 (Exh. B)].

Adjustments shall expire three years from the date of approval, unless:

A. Substantial construction of the permitted use has commenced and is diligently pursued to completion; clear documentation is provided to establish that the permit holder has made a good faith effort to commence work upon the use; the permitted use has clearly been established; or actual occupancy of an existing building or land occurs under the terms of the permitted use.

B. An extension is filed for and approved in accordance with RCMC 23.110.070 (Extension of land use entitlement).

Notice of expiration of an adjustment shall be issued to permit holder in writing at least 10 days prior to the expiration becoming final. The permit holder may make a written request for a hearing before the director to challenge the expiration. Such hearing must be held prior to the final expiration date, unless an extension is granted by the director. Director decisions following the hearing are final. [Ord. 4-2017 § 3 (Exh. B)].

An applicant may request an amendment to an adjustment after the final written decision is issued. Amendments shall be processed in accordance with RCMC 23.110.180 (Amendments). [Ord. 4-2017 § 3 (Exh. B)].

The conditional use permit provides a process for the council to review decisions regarding uses which, due to the nature of their impacts on surrounding land uses and public facilities, require a case-by-case review and analysis. The purpose of this chapter is to provide standards and procedures under which a conditional use may be permitted, enlarged, or altered if the site is appropriate and if other appropriate conditions of approval can be met. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.12.010)].

The provisions of this chapter apply to land uses requiring a conditional use permit as designated with a “C” on the allowed use tables found in Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards). [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.12.020)].

An application for a conditional use permit shall be filed in accordance with RCMC 23.110.040 (Application requirements). [Ord. 4-2017 § 3 (Exh. B)].

Conditional use permits are a discretionary quasi-judicial decision by the council as designated in RCMC 23.104.030 (Recommending and approval authority). [Ord. 4-2017 § 3 (Exh. B)].

A public hearing and hearing notice shall be required for review and processing of a conditional use permit in accordance with the following:

A. Public Hearing Notice. A notice for public hearing shall be provided pursuant to RCMC 23.110.120 (Notice of public hearing).

B. Public Hearing Procedure. A public hearing shall be held pursuant to RCMC 23.110.130 (Public hearing procedures). [Ord. 4-2017 § 3 (Exh. B)].

The notice of decision shall be issued pursuant to RCMC 23.110.140 (Notice of decision). [Ord. 4-2017 § 3 (Exh. B)].

The approval authority may approve or approve with conditions an application for a conditional use permit after finding all of the following. If the approval authority does not make all of these findings, the conditional use permit shall not be approved.

A. The site size, dimensions, location, topography, and access are adequate for the needs of the proposed use, considering the proposed building mass, parking, traffic, noise, vibration, exhaust/ emissions, light, glare, erosion, odor, dust, visibility, safety, and aesthetic considerations.

B. The negative impacts of the proposed use on adjacent properties and on the public can be mitigated through application of other code standards or other reasonable conditions of approval.

C. All required public facilities have adequate capacity to serve the proposal.

D. The project meets the requirements of the zoning code including development standards, design guidelines, and special use provisions.

E. If structures and site plans are considered nonconforming, the elements of a project that are nonconforming have been brought into compliance with the zoning code, where feasible. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.12.030). Formerly 23.134.030].

No application for a conditional use permit for a condominium conversion shall be approved unless all the following findings are made:

A. The condominium conversion meets all the development and other standards set forth in this title.

B. All notices required by the city of Rancho Cordova or state law pertaining to condominium conversions have been properly and timely served.

C. The conversion project will not be contrary to the public health, safety, and welfare of the city of Rancho Cordova.

D. The overall design and physical condition of the condominium conversion achieves a high degree of appearance, quality, and safety.

E. The proposed conversion is consistent with the General Plan and applicable city and other plans in effect at the time of the use permit application, especially with the objectives, policies, and programs of the housing element of the General Plan designed to provide affordable housing to all economic segments of the population. [Ord. 4-2017 § 3 (Exh. B)].

In approving a conditional use permit, the approval authority may impose conditions that are found necessary to ensure that the use is compatible with other uses in the vicinity and that the negative impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions may include, but are not limited to, the following:

A. Limiting the hours, days, place, and/or manner of operation.

B. Requiring site or architectural design features which minimize environmental impacts such as noise, vibration, exhaust/emissions, light, glare, erosion, odor, and/or dust.

C. Requiring larger setback areas, lot area, and/or lot depth or width.

D. Limiting the building or structure height, size or lot coverage, and/or location on the site.

E. Designating the size, number, location, and/or design of vehicle access points or parking areas.

F. Requiring street right-of-way to be dedicated and street(s), sidewalks, curbs, planting strips, pathways, or trails to be improved.

G. Requiring landscaping, screening, drainage, water quality facilities, and/or improvement of parking and loading areas.

H. Limiting the number, size, location, height, and/or lighting of signs.

I. Limiting or setting standards for the location, design, and/or intensity of outdoor lighting.

J. Requiring berms, screening, or landscaping and the establishment of standards for their installation and maintenance.

K. Requiring and designating the size, height, location, and/or materials for fences.

L. Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas, drainage areas, historic resources, cultural resources, and/or sensitive lands.

M. Requiring the dedication of sufficient land to the public, and/or construction of pedestrian/bicycle pathways in accordance with the adopted plans, or requiring the recording of a local improvement district nonremonstrance agreement for the same.

N. Other conditions necessary to address the approval criteria and findings. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.12.040). Formerly 23.134.040].

Conditional use permits are not subject to appeal. [Ord. 4-2017 § 3 (Exh. B)].

Conditional use permits shall expire three years from the date of approval, unless:

A. Substantial construction of the permitted use has commenced and is diligently pursued to completion; clear documentation is provided to establish that the permit holder has made a good faith effort to commence work upon the use; the permitted use has clearly been established; or actual occupancy of an existing building or land occurs under the terms of the permitted use; or

B. An extension is approved in accordance with RCMC 23.110.070 (Extension of land use entitlement).

Notice of expiration of a conditional use permit shall be issued to permit holder in writing at least 10 days prior to the expiration becoming final. The permit holder may make a written request for a hearing before the director to challenge the expiration. Such hearing must be held prior to the final expiration date, unless an extension is granted by the director. Director decisions following the hearing are final. [Ord. 4-2017 § 3 (Exh. B)].

An applicant may request an amendment to a conditional use permit after the final written decision is issued. Amendments shall be processed in accordance with RCMC 23.110.180 (Amendments). [Ord. 4-2017 § 3 (Exh. B)].

The purpose of this section is to provide a streamlined review of multifamily developments that are determined to substantially comply with the city’s multifamily design guidelines or meet the eligibility requirements of Chapter 23.707 RCMC (Objective Design Standards for Multifamily Developments). The intent of this streamlined review is to facilitate construction of multifamily housing to meet the needs of residents and enhance the quality of the community. [Ord. 17-2021 § 3 (Exh. A)].

The review procedures of this chapter shall be applied to eligible multifamily housing projects as described herein.

A. Eligibility. A multifamily housing project is eligible for a streamlined, ministerial approval process described in this chapter if the development satisfies the eligibility criteria specified below:

1. Multifamily residential development. The project must involve the development of two or more attached residential units.

2. Designated for residential uses. The project complies with the zoning and General Plan designations of the project site.

3. Mixed-use. If a mixed-use project, at least two-thirds of the square footage of the development shall be residential.

4. Substantially conforms with city’s multifamily design guidelines (see multifamily design guidelines for determining substantial conformity); or meets the eligibility requirements of the city’s objective design standards for multifamily developments in Chapter 23.707 RCMC.

5. Lack of Substantial Conformity. If a project application does not substantially conform with the city’s multifamily design guidelines, the project will be subject to the city’s major design review process as established by Chapter 23.141 RCMC.

B. Verification of Eligibility. Applicants for a multifamily streamlined design review permit must provide supporting documentation to demonstrate eligibility and substantial conformance with the city’s multifamily design guidelines. [Ord. 17-2021 § 3 (Exh. A)].

A. Application Required. An application for a multifamily streamlined design review permit shall be filed in accordance with RCMC 23.110.040 (Application requirements). Additionally, all such applications shall be accompanied by materials as required by the community development director to verify compliance with the requirements of this section.

B. Timing. Within 30 days (if the project consists of 150 or fewer units) or 60 days (if the project consists of more than 150 units), the city will issue a written determination of consistency with the development standards and design guidelines in place at the time the project application was submitted.

C. Approval Authority. Applications for multifamily streamlined design review permits shall be reviewed by the community development director.

D. Approval Required for Conforming Projects and Required Findings. The community development director shall approve an application for multifamily streamlined design review permit if the proposal:

1. Meets the eligibility criteria for streamlined review of multifamily housing; and

2. Substantially conforms with the city’s multifamily design guidelines and multifamily design standards contained in this title.

E. No Public Hearing. No public hearing shall be required for the review of a multifamily streamlined design review permit.

F. Notification of Decision. The community development director shall transmit notice of his/her decision to approve or deny an application for a multifamily streamlined design review permit to the project applicant within one calendar day of the date of decision.

1. If the community development director determines the project meets the findings in RCMC 23.137.080, then they shall approve the project and no further review of the project entitlement shall be required.

2. If the community development director determines the project application does not meet the findings in RCMC 23.137.080, then the applicant shall be notified in writing of the determination and the basis of the determination.

G. Subsequent Review of Denied Project. An applicant for a multifamily streamlined design review permit that is determined to not substantially conform to the city’s multifamily design guidelines may either:

1. Amend the project design and resubmit the application, with additional fees as specified by the city, for a subsequent review.

2. Submit a subsequent application for major design review as provided under Chapter 23.141 RCMC (Major Design Review).

H. Appeals. The decision of the community development director to approve or deny an application for a multifamily streamlined design review permit may be appealed by the applicant per the provisions of this code. The city council’s review of an appeal shall be limited to determining whether the project substantially conforms with the multifamily design guidelines. Appeals of a multifamily streamlined design review permit may be filed in accordance with RCMC 23.110.160 (Appeals). [Ord. 17-2021 § 3 (Exh. A)].

Environmental review in accordance with the California Environmental Quality Act (CEQA) is required. No action may be taken on a multifamily streamlined design review permit until the requirements of CEQA have been addressed. [Ord. 17-2021 § 3 (Exh. A)].

The withdrawal of an application shall follow the procedures set forth in RCMC 23.110.060. [Ord. 17-2021 § 3 (Exh. A)].

An approval for streamlined review of multi-family housing pursuant to this chapter shall expire pursuant to Government Code Section 65913. A one-year time extension may be granted pursuant to state law if the applicant provides reasonable documentation to prove there has been significant progress toward getting the project construction-ready, such as filing a building permit application. [Ord. 17-2021 § 3 (Exh. A)].

An applicant may request an amendment to an approved multifamily streamlined design review permit, subject to the provisions of RCMC 23.110.180 (Amendments). [Ord. 17-2021 § 3 (Exh. A)].

A. Determination of Findings for a Multifamily Housing Project. The community development director shall make the following findings in the review of a multifamily housing project using the city’s multifamily design guidelines:

1. The project substantially conforms with the standards of the multifamily design guidelines.

2. The project architectural style is either consistent with one of the type-specific architectural styles as established by the city or presents a cohesive architectural style and design with identifiable design features consistent with the chosen style.

3. The project presents to fronting streets in a positive manner and provides frontage improvements that will support and encourage pedestrian circulation.

4. The development is harmonious with existing and anticipated development of the area.

5. The project consists of high-quality design and materials, with architectural variety and appropriate articulation of facades.

B. Determination of Findings for an Affordable Multifamily Housing Project. The planning director shall make the following findings in the review of a multifamily housing project using the city’s multifamily objective design standards:

1. The project conforms with the eligibility requirements and meets all of the objective design standards in the multifamily objective design standards in Chapter 23.707 RCMC. [Ord. 17-2021 § 3 (Exh. A)].

The purpose of the minor design review process is to establish expedited limited discretionary review of development projects that require additional site and design considerations beyond the minimum standards of the zoning code. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A)].

A. Permit Required. Minor design review is required for the following, and applies to all modifications to site plans, building plans, facade changes, etc., when the visual appearance of site or building elements is altered. Note that when minor design review is not required, major design review may be required according to RCMC 23.141.020 (Applicability):

1. New construction or expansions of existing nonresidential buildings or structures equal to or greater than 1,000 square feet and less than 5,000 square feet in all zoning districts, except industrial zoning districts LIBP, OIMU, M-1, and M-2.

2. Nonresidential facade renovations that involve less than 200 linear feet of facade frontage of an existing building.

3. New construction of or expansions of existing buildings or structures equal to or greater than 1,000 square feet and less than 10,000 square feet in floor area in industrial zoning districts LIBP, OIMU, M-1, and M-2.

4. Significant changes to multifamily and all nonresidential site plans that impact required site plan elements (e.g., required parking, shade canopy, lighting, landscaping).

5. The exterior remodel of multifamily residential buildings or structures.

B. Exemptions. The following structures and improvements are exempt from minor design review. However, such structures may require additional permits, such as a use permit or building permit, to ensure compliance with adopted building code standards and applicable zoning code provisions.

1. A single-family custom home on a lot that is consistent with existing zoning.

2. An addition to a single-family residential home that is consistent with existing zoning.

3. Parcel map for a single-family residence.

4. Expansions of existing nonresidential buildings or structures less than 1,000 square feet in size.

5. Accessory structures consistent with provisions of Chapter 23.734 RCMC (Accessory Structures).

6. Repairs and maintenance of site improvements or structures that do not add to, enlarge, or expand the area occupied by the land use or the floor area of the structure and do not significantly alter the appearance of site improvements or structures.

7. Interior alterations that do not increase the gross floor area within the structure or change/expand the permitted use of the structure.

8. Accessory dwelling units subject to California Government Code Section 65583.1.

9. Construction, alteration, or maintenance by a public utility or public agency of underground or overhead utilities intended to service existing or nearby approved developments (e.g., water, gas, electric, or telecommunication supply or disposal systems, including wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, water tanks, and similar facilities and equipment).

C. The following exemptions require a zoning certification (Chapter 23.113 RCMC) prior to any changes:

1. Changes to site plan elements that are not specifically required by this code (e.g., decorative elements and landscaping that are not specifically required by the code).

2. Public art programs, projects, and improvements to existing sites, structures, utilities, and infrastructure authorized by council or designee.

3. Changes to site plan elements that are specifically required by this code but do not significantly alter the design or function of the site plan. [Ord. 15-2018 § 4 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A)].

An application for a minor design review permit shall be filed in accordance with RCMC 23.110.040 (Application requirements). [Ord. 4-2017 § 3 (Exh. B)].

Minor design review permits are a limited discretion decision by the director in accordance with RCMC 23.104.030 (Recommending and approval authority). [Ord. 4-2017 § 3 (Exh. B)].

A public hearing is not required for minor design review unless requested pursuant to RCMC 23.110.110 (Notice of pending director determination and opportunity to request hearing). If a public hearing is requested, notice and hearing procedures shall be consistent with RCMC 23.110.120 (Notice of public hearing) and RCMC 23.110.130 (Public hearing procedures), respectively. [Ord. 4-2017 § 3 (Exh. B)].

The notice of decision shall be issued in accordance with RCMC 23.110.140 (Notice of decision). [Ord. 4-2017 § 3 (Exh. B)].

The approval authority shall approve or approve with conditions an application for a minor design review after finding all of the following. If the approval authority does not make all of these findings, the minor design review shall not be approved.

A. The proposed project is consistent with the objectives of the General Plan, complies with applicable zoning regulations, Specific Plan provisions, and special planning area provisions, and is consistent with the applicable Rancho Cordova design guidelines.

B. The proposed architecture, site design, and landscape are suitable for the purposes of the building and the site and will enhance the character of the neighborhood and community.

C. The architecture, including the character, scale, and quality of the design, relationship with the site and other buildings, building materials, screening of exterior appurtenances, exterior lighting and signing, and similar elements, establishes a clear design concept and is compatible with the character of existing or anticipated buildings on adjoining and nearby properties.

D. The proposed project will not create conflicts with vehicular, bicycle, or pedestrian transportation modes of circulation. [Ord. 4-2017 § 3 (Exh. B); Ord. 13-2013 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A). Formerly 23.140.050].

The approval authority may require modifications to plans in whole or in part and may condition the design review application to ensure specific design features, construction materials, and conformance with all applicable provisions of this chapter. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A). Formerly 23.140.060].

Appeals of a minor design review permit may be filed in accordance with RCMC 23.110.160 (Appeals). [Ord. 4-2017 § 3 (Exh. B)].

Minor design review permits shall expire three years from the date of approval, unless:

A. Substantial construction of the permitted use has commenced and is diligently pursued to completion; clear documentation is provided to establish that the permit holder has made a good faith effort to commence work upon the use; the permitted use has clearly been established; actual occupancy of an existing building or land occurs under the terms of the permitted use.

B. An extension is filed for and approved in accordance with RCMC 23.110.070 (Extension of land use entitlement).

Notice of expiration of a minor design review permit shall be issued to permit holder in writing at least 10 days prior to the expiration becoming final. The permit holder may make a written request for a hearing before the director to challenge the expiration. Such hearing must be held prior to the final expiration date, unless an extension is granted by the director. Director decisions following the hearing are final. [Ord. 4-2017 § 3 (Exh. B)].

An applicant may request an amendment to a minor design review permit after the final written decision is issued. Amendments shall be processed in accordance with RCMC 23.110.180 (Amendments). [Ord. 4-2017 § 3 (Exh. B)].

The purpose of the design review process is to establish discretionary review of development projects that require additional site and design considerations beyond conformance with minimum standards of the zoning code. The intent of design review is to promote orderly and harmonious growth within the city. [Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.14.010). Formerly 23.140.010].

A. Permit Required. Major design review is required for the following:

1. Single-family residential subdivisions.

2. Master home plans for single-family residential subdivisions.

3. New construction of or expansions of multifamily residential development not eligible for a streamlined review process.

4. Integrated developments.

5. New construction of or expansions of existing nonresidential buildings or structures equal to or greater than 5,000 square feet in all zoning districts, except industrial zoning districts LIBP, OIMU, M-1, and M-2.

6. Nonresidential facade renovations that involve 200 linear feet or more of facade frontage of an existing building.

7. New construction of or expansions of existing nonresidential buildings or structures equal to or greater than 10,000 square feet in industrial zoning districts LIBP, OIMU, M-1, and M-2.

8. Public/quasi-public developments (e.g., public safety facilities, library, city facilities).

B. Exemptions. The following structures and improvements are exempt from major design review. However, such projects may require additional permits, such as a use permit or building permit, to ensure compliance with adopted building code standards and applicable zoning code provisions.

1. Projects subject to minor design review pursuant to Chapter 23.140 RCMC (Minor Design Review).

2. Projects exempt from minor design review pursuant to Chapter 23.140 RCMC (Minor Design Review).

3. Projects subject to Chapter 23.137 RCMC (Multifamily Housing Streamlined Design Review Permit). [Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.14.020). Formerly 23.140.020].

An application for a major design review permit shall be filed in accordance with RCMC 23.110.040 (Application requirements). [Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B)].

Major design review permits are a discretionary decision by the council pursuant to RCMC 23.104.030 (Recommending and approval authority). [Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.14.040). Formerly 23.140.040].

A public hearing and hearing notice shall be required for review and processing of a major design review permit in accordance with the following:

A. Public Hearing Notice. A notice for public hearing shall be provided in accordance with RCMC 23.110.120 (Notice of public hearing).

B. Public Hearing Procedure. A public hearing shall be held in accordance with RCMC 23.110.130 (Public hearing procedures). [Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B)].

The notice of decision shall be issued in accordance with RCMC 23.110.140 (Notice of decision). [Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B)].

The council may approve or approve with conditions an application for major design review after finding all of the following. If the council does not make all of these findings, the major design review permit shall not be approved.

A. The proposed project is consistent with the objectives of the General Plan, complies with applicable zoning regulations, Specific Plan provisions, and special planning area provisions, and is consistent with the applicable Rancho Cordova design guidelines.

B. The proposed architecture, site design, and landscape are suitable for the purposes of the building and the site and will enhance the character of the neighborhood and community.

C. The architecture, including the character, scale, and quality of the design, relationship with the site and other buildings, building materials, screening of exterior appurtenances, exterior lighting and signing, and similar elements, establishes a clear design concept and is compatible with the character of existing or anticipated buildings on adjoining and nearby properties.

D. The proposed project will not create conflicts with vehicular, bicycle, or pedestrian transportation modes of circulation. [Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.14.050). Formerly 23.141.050].

The council may approve or approve with conditions an application for a major design review of single-family residential subdivision maps after finding all of the following. If the council does not make all of these findings, the major design review permit shall not be approved.

A. The residential subdivision is well integrated with the city’s street network.

B. Unique neighborhood environments are created.

C. Traditional or modern architectural styles are consistently applied.

D. Pedestrian-friendly environments are created. [Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.14.060). Formerly 23.141.060].

The council may require modifications to plans in whole or in part and may condition the major design review application to ensure specific design features, construction materials, and conformance with all applicable provisions of this chapter. [Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.14.070). Formerly 23.141.070].

Appeals of a major design review permit may be filed in accordance with RCMC 23.110.160, Appeals. [Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B)].

Major design review permits shall expire three years from the date of approval, unless:

A. Substantial construction of the permitted use has commenced and is diligently pursued to completion; clear documentation is provided to establish that the permit holder has made a good faith effort to commence work upon the use; the permitted use has clearly been established; actual occupancy of an existing building or land occurs under the terms of the permitted use.

B. An extension is filed for and approved in accordance with RCMC 23.110.070, Extension of land use entitlement.

Notice of expiration of a major design review permit shall be issued to permit holder in writing at least 10 days prior to the expiration becoming final. The permit holder may make a written request for a hearing before the director to challenge the expiration. Such hearing must be held prior to the final expiration date, unless an extension is granted by the director. Director decisions following the hearing are final. [Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B)].

An applicant may request an amendment to a major design review permit after the final written decision is issued. Amendments shall be processed in accordance with RCMC 23.110.180 (Amendments). [Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B)].

This chapter allows variances from the development standards of this zoning code only when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other physical conditions, the strict application of the standards denies the property owner privileges enjoyed by other property owners in the vicinity in the same zoning district. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.15.010)].

A variance may be granted to waive or modify any requirement of this zoning code, except to:

A. Allow a land use not otherwise permitted in the zone;

B. Increase the maximum allowed residential density;

C. Waive a specific prohibition (e.g., prohibited sign);

D. Waive or significantly reduce parking requirements; or

E. Waive or modify a procedural requirement. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.15.020)].

An application for a variance shall be filed in accordance with RCMC 23.110.040 (Application requirements). [Ord. 4-2017 § 3 (Exh. B)].

Variances are a discretionary decision of the council pursuant to RCMC 23.104.030 (Recommending and approval authority). [Ord. 4-2017 § 3 (Exh. B)].

A public hearing and hearing notice shall be required for review and processing of a variance in accordance with the following:

A. Public Hearing Notice. A notice for public hearing shall be provided for pursuant to RCMC 23.110.120 (Notice of public hearing).

B. Public Hearing Procedure. A public hearing shall be held pursuant to RCMC 23.110.130 (Public hearing procedures). [Ord. 4-2017 § 3 (Exh. B)].

The notice of decision shall be issued pursuant to RCMC 23.110.140 (Notice of decision). [Ord. 4-2017 § 3 (Exh. B)].

The approval authority may approve or approve with conditions an application for a variance after finding all of the following. If the approval authority does not make all of these findings, the variance shall not be approved, except as otherwise specified under RCMC 23.143.075 (Approval findings for off-street parking variance).

A. There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this zoning code denies the property owner privileges enjoyed by other property owners in the vicinity and within the same zoning district.

B. Granting the variance is necessary for the preservation and enjoyment of substantial property rights enjoyed by other property owners in the same vicinity and zoning district and denied to the property owner for which the variance is sought.

C. Granting the variance will not adversely affect the interests of the public or the interests of residents and property owners in the vicinity of the premises in question.

D. The variance is consistent with the General Plan, any applicable Specific Plan, or development agreement. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.15.040). Formerly 23.143.040].

In the case of a nonresidential development project proposing to locate a portion of the required parking in an off-site location or provide in-lieu fees or facilities instead of the required on-site parking spaces, the approval authority shall first make both of the following findings, as required by Government Code Section 65906.5, instead of those required under RCMC 23.143.070 (Approval findings):

A. The variance will be an incentive to, and a benefit for, the nonresidential development.

B. The variance will facilitate access to the nonresidential development by patrons of public transit facilities. [Ord. 4-2017 § 3 (Exh. B)].

In approving a variance, the approval authority:

A. Shall impose conditions to ensure that the variance does not grant special privileges inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is located.

B. May impose any reasonable conditions (e.g., the placement, height, nature, and extent of the use, buffers, landscaping and maintenance, off-site improvements, performance guarantees, screening, surfacing, hours of operation) to ensure that the approval complies with the findings required by this chapter. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.15.050). Formerly 23.143.050].

Appeals of a variance may be filed in accordance with RCMC 23.110.160 (Appeals). [Ord. 4-2017 § 3 (Exh. B)].

Variances shall expire three years from the date of approval, unless:

A. Substantial construction of the permitted use has commenced and is diligently pursued to completion; clear documentation is provided to establish that the variance holder has made a good faith effort to commence work upon the use; the permitted use has clearly been established; or actual occupancy of an existing building or land occurs under the terms of the permitted use.

B. An extension is filed for and approved in accordance with RCMC 23.110.070 (Extension of land use entitlement).

Notice of expiration of a variance shall be issued to permit holder in writing at least 10 days prior to the expiration becoming final. The permit holder may make a written request for a hearing before the director to challenge the expiration. Such hearing must be held prior to the final expiration date, unless an extension is granted by the director. Director decisions following the hearing are final. [Ord. 4-2017 § 3 (Exh. B)].

An applicant may request an amendment to a variance after the final written decision is issued. Amendments shall be processed in accordance with RCMC 23.110.180 (Amendments). [Ord. 4-2017 § 3 (Exh. B)].

The purpose of a zoning amendment is to allow modification to any provisions of this code, including the adoption of new regulations or deletion of existing regulations, or to change the zoning designation on any parcel(s). [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.16.010)].

The types of zoning amendments are listed as follows:

A. A map amendment has the effect of rezoning property from one zoning district to another.

B. A zoning text amendment may modify any standard, requirement, or procedure applicable to the use and development of land within the city.

C. An unincorporated property within the city’s sphere of influence may be prezoned to the zoning district that would apply upon annexation to the city. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.16.020)].

An application for a zoning amendment shall be filed in accordance with RCMC 23.110.040 (Application requirements). [Ord. 4-2017 § 3 (Exh. B)].

Zoning amendments are a discretionary decision by the council pursuant to RCMC 23.104.030 (Recommending and approval authority). [Ord. 4-2017 § 3 (Exh. B)].

A public hearing and hearing notice shall be required for review and processing of a zoning amendment in accordance with the following:

A. Public Hearing Notice. A notice for public hearing shall be provided for pursuant to RCMC 23.110.120 (Notice of public hearing).

B. Public Hearing Procedure. A public hearing shall be held pursuant to RCMC 23.110.130 (Public hearing procedures). [Ord. 4-2017 § 3 (Exh. B)].

The notice of decision shall be issued pursuant to RCMC 23.110.140 (Notice of decision). [Ord. 4-2017 § 3 (Exh. B)].

The council may approve or approve with conditions an application for a zoning amendment after finding all of the following. If the council does not make all of these findings, the zoning amendment shall not be approved.

A. The proposed amendment is consistent with the General Plan.

B. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city.

C. The amendment has been reviewed in compliance with the provisions of CEQA.

D. If a map amendment, the site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provisions of utilities) for the requested zoning designations and anticipated land uses/development.

E. If a text amendment, the amendment is internally consistent with other applicable provisions of this zoning code. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.16.040). Formerly 23.146.040].

Zoning amendments shall not be conditioned for approval. [Ord. 4-2017 § 3 (Exh. B)].

Zoning amendments are not subject to appeal. [Ord. 4-2017 § 3 (Exh. B)].

Zoning amendments shall not expire. [Ord. 4-2017 § 3 (Exh. B)].

Proposed changes to zoning amendments following final action shall be processed as a new application. [Ord. 4-2017 § 3 (Exh. B)].

The department shall maintain a record of amendments to the text of this code and the land use districts map in a format convenient for public use. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.16.050). Formerly 23.146.050].

A. Purpose. An unincorporated property within the city’s sphere of influence may be prezoned to the zoning district that would apply upon annexation to the city.

B. Initiation and Processing. A prezoning shall be initiated, processed, and approved or disapproved in the same manner as provided for other amendments by this chapter.

C. Application of Official Zoning Designations. Upon the effective date of annexation, the zoning designation established by prezoning shall become the official zoning for the property and shall be so designated on the zoning map. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.16.060). Formerly 23.146.060].

A special planning area is a land use zone and implementing document that allows for the development of unique and imaginative projects that are otherwise not possible under the current provisions of the zoning code or to protect unique environmental, historic, architectural, and other features that require special consideration. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.17.010)].

A special planning area may be adopted to accomplish the following:

A. Protect a unique environmental, historical, architectural, or other significant site feature that cannot be adequately protected by adoption of another land use zone.

B. Allow the development of an exceptional project design that cannot be built under an existing zoning district or due to constraints of existing development standards. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.17.020)].

An application for a special planning area shall be filed in accordance with RCMC 23.110.040 (Application requirements). [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.17.030)].

Special planning areas are a discretionary decision by the council pursuant to RCMC 23.104.030 (Recommending and approval authority). [Ord. 4-2017 § 3 (Exh. B)].

A public hearing and hearing notice shall be required for review and processing of a special planning area in accordance with the following:

A. Public Hearing Notice. A notice for public hearing shall be provided for pursuant to RCMC 23.110.120 (Notice of public hearing).

B. Public Hearing Procedure. A public hearing shall be held pursuant to RCMC 23.110.130 (Public hearing procedures). [Ord. 4-2017 § 3 (Exh. B)].

The notice of decision shall be issued pursuant to RCMC 23.110.140 (Notice of decision). [Ord. 4-2017 § 3 (Exh. B)].

The council may approve or approve with conditions an application for a special planning area after finding all of the following. If the council does not make all of these findings, the special planning area shall not be approved.

A. The proposed special planning area is consistent with the goals, policies, and objectives of the General Plan.

B. The proposed special planning area meets the requirements set forth in this chapter.

C. The special planning area is needed because the project is not possible under the existing zoning requirements. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.17.060). Formerly 23.149.060].

The approval authority may require modifications to the special planning area in whole or in part to ensure consistency with the General Plan and conformance with all applicable provisions of this title. [Ord. 4-2017 § 3 (Exh. B)].

Special planning areas are not subject to appeal. [Ord. 4-2017 § 3 (Exh. B)].

Special planning areas shall not expire. [Ord. 4-2017 § 3 (Exh. B)].

Special planning areas may be amended following approval in the same manner as the original application. [Ord. 4-2017 § 3 (Exh. B)].

A. A special planning area must contain sufficient detail to allow the review body to implement its provisions and to describe to subsequent developers how properties within a special planning area may be developed.

B. Where no specific standard is contained in a special planning area ordinance (e.g., parking, landscape standards, signs), the applicable provisions of the zoning code shall apply as determined by the director.

C. A special planning area shall be clearly designated on the zoning map and incorporated into the zoning code as an appendix. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.17.050). Formerly 23.149.050].

Code reviser’s note: This section was added at the city’s request. It was inadvertently omitted from Ord. 4-2017.

The purpose of a Specific Plan is to provide a regulatory document that implements the city’s General Plan on an area-specific basis. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.18.010)].

The General Plan identifies certain areas of the city which require Specific Plans to implement General Plan policies. Specific Plans are also encouraged if they will lead to more effective implementation of the General Plan. In the event there is an inconsistency or conflict between an adopted Specific Plan and comparable provisions within the zoning code, the Specific Plan shall prevail. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.18.020)].

An application for a Specific Plan shall be filed in accordance with RCMC 23.110.040 (Application requirements) and RCMC 23.152.035 (Application content required). [Ord. 4-2017 § 3 (Exh. B)].

In addition to the minimum content requirements of California Government Code Section 65451, the following items outline the city’s content requirements for an application:

A. Statement of relationship of the Specific Plan to the General Plan.

B. Policies for development and standards for regulating development in the plan area.

C. The proposed land uses for all areas covered by the plan.

D. The types and configurations of buildings to be included in all developments in the plan area.

E. The location of and types of streets.

F. Public facilities and infrastructure required to serve developments in the plan area.

G. A parking and circulation plan for off-street parking areas showing the location of parking lots, the approximate number of spaces, and the approximate location of entrances and exits.

H. Proposed conservation, open space, and/or recreation areas, if any.

I. Any other programs, guidelines, or standards appropriate for the area covered by the Specific Plan. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.18.040). Formerly 23.152.040].

Specific Plans are a discretionary legislative decision by the council pursuant to RCMC 23.104.030 (Recommending and approval authority). [Ord. 4-2017 § 3 (Exh. B)].

A public hearing and hearing notice shall be required for review and processing of a Specific Plan in accordance with the following:

A. Public Hearing Notice. A notice for public hearing shall be provided for pursuant to RCMC 23.110.120 (Notice of public hearing).

B. Public Hearing Procedure. A public hearing shall be held pursuant to RCMC 23.110.130 (Public hearing procedures). [Ord. 4-2017 § 3 (Exh. B)].

The notice of decision shall be issued pursuant to RCMC 23.110.140 (Notice of decision). [Ord. 4-2017 § 3 (Exh. B)].

The council may approve or approve with conditions an application for a Specific Plan after finding all of the following. If the council does not make all of these findings, the Specific Plan shall not be approved.

A. The proposed Specific Plan is consistent with the goals, policies, and objectives of the General Plan, development agreement, or other implementation instrument.

B. The proposed Specific Plan will not adversely affect surrounding properties. [Ord. 4-2017 § 3 (Exh. B); Ord. 13-2013 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.18.060). Formerly 23.152.060].

The approval authority may require modifications to the Specific Plan in whole or in part to ensure consistency with the General Plan and conformance with all applicable provisions of this title. [Ord. 4-2017 § 3 (Exh. B)].

Specific Plan determinations are not subject to appeal. [Ord. 4-2017 § 3 (Exh. B)].

Specific Plans shall not expire. [Ord. 4-2017 § 3 (Exh. B)].

An applicant may request an amendment to a Specific Plan after the final written decision is issued. Amendments shall be processed in the same manner as an original application. [Ord. 4-2017 § 3 (Exh. B)].

The majority of Specific Plans will require the preparation of an environmental impact report (EIR) under CEQA Guidelines. Once certified, the EIR for a Specific Plan may be relied upon for further entitlements sought subsequent to adoption of the Specific Plan. Unless otherwise exempt, an initial study shall be prepared for all subsequent applications to determine whether a supplement to the EIR must be prepared. In the event that a supplement to the EIR is determined not to be necessary, a negative declaration or mitigated negative declaration shall be prepared. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.18.050). Formerly 23.152.050].

As the city continues to grow and change over time, it is necessary to periodically update the General Plan. Amendments may be made to the General Plan text (e.g., goals, policies, or implementation programs) or map to change land use designations on any parcel(s) if the approval findings (RCMC 23.155.040, Approval authority) are met. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.19.010)].

A General Plan amendment may include revisions to the text, diagrams, and/or mapping designations. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.19.020)].

An application for a General Plan amendment shall be filed in accordance with RCMC 23.110.040 (Application requirements). [Ord. 4-2017 § 3 (Exh. B)].

General Plan amendments are a discretionary decision by the council pursuant to RCMC 23.104.030 (Recommending and approval authority). [Ord. 4-2017 § 3 (Exh. B)].

A public hearing and hearing notice shall be required for review and processing of a General Plan amendment in accordance with the following:

A. Public Hearing Notice. A notice for public hearing shall be provided for pursuant to RCMC 23.110.120 (Notice of public hearing).

B. Public Hearing Procedure. A public hearing shall be held pursuant to RCMC 23.110.130 (Public hearing procedures). [Ord. 4-2017 § 3 (Exh. B)].

The council may approve or approve with conditions an application for a General Plan amendment after finding all of the following. If the council does not make all of these findings, the General Plan amendment shall not be approved.

A. The proposed amendment is internally consistent with the General Plan.

B. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city.

C. In the case of amendments to the General Plan map, the site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provisions of utilities) for the requested/anticipated land use developments.

D. The proposed project has been reviewed in compliance with the provisions of CEQA. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.19.040). Formerly 23.155.040].

The approval authority may require modifications to a General Plan amendment to ensure the required findings can be made. [Ord. 4-2017 § 3 (Exh. B)].

General Plan amendments are not subject to appeal. [Ord. 4-2017 § 3 (Exh. B)].

General Plan amendments shall not expire. [Ord. 4-2017 § 3 (Exh. B)].

Proposed changes to General Plan amendments following final action shall be processed as a new application. [Ord. 4-2017 § 3 (Exh. B)].

Pursuant to Government Code Section 65358, no mandatory element of the General Plan may be amended more frequently than four times during any calendar year. Subject to that limitation, an amendment may be made at any time and may include more than one change to the General Plan. [Ord. 4-2017 § 3 (Exh. B)].

Pursuant to Government Code Section 65352, at least 45 days prior to council action on a proposed General Plan amendment, the community development director shall notify the County, the Local Agency Formation Commission (LAFCO), and any area-wide planning agency or federal agency whose operations may be significantly affected by the proposed action, and each governmental body, commission, or board, including those of any school or special districts, whose jurisdiction lies wholly or partially within the city whose functions include recommending, preparing plans for, or constructing major public works projects. [Ord. 4-2017 § 3 (Exh. B)].

This chapter establishes procedures and requirements for the review and approval of development agreements when applied for as part of a land use entitlement in compliance with the provisions of California Government Code Sections 65864 through 65869.5.

The council finds and declares the use of development agreements is beneficial to the public, in that:

A. Development agreements increase the certainty in the approval of development projects, thereby preventing the waste of resources, reducing the cost of development to the consumer, and encouraging investment in and commitment to comprehensive planning, all leading to the maximum efficient utilization of resources at the least economic cost to the public.

B. Development agreements provide assurance to the applicant for a development project that, upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, thereby strengthening the public planning process, encouraging private participation in comprehensive planning, and reducing the economic costs of development.

C. Development agreements enable the city to plan for and finance public facilities, including, but not limited to, streets, sewerage, transportation, drinking water, school, and utility facilities, thereby removing a serious impediment to the development of new housing. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.20.010)].

The city may establish a development agreement between the city and any other person having legal or equitable interest in real property for the development of that property. Development agreements that contain a legislative or quasi-judicial land use decision or request a final decision on a land use action are governed by this section. The following include situations in which the city may seek a development agreement:

A. Multiple-party, partnership, multiple-landowner situations;

B. Large or complex infrastructure requirements;

C. Timing and/or phasing issues;

D. Redevelopment and urban renewal projects. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.20.020)].

An application for a development agreement shall be filed in accordance with RCMC 23.110.040 (Application requirements) and RCMC 23.158.035 (Application content required). [Ord. 4-2017 § 3 (Exh. B)].

In addition to such terms as the partner may agree to, a development agreement shall contain the mandatory provisions specified by state law (Government Code Section 65865.2) including the following specific provisions:

A. The duration of the agreement.

B. The permitted uses of the property.

C. The density or intensity of permitted uses.

D. The maximum height and size of proposed structures.

E. Provisions for reservation or dedication of lands for public purposes.

F. Statement by a licensed civil engineer that the property does not lie in a protected 200-year floodplain. If any part of the property lies in a protected 200-year floodplain, the development agreement shall contain conditions that will provide urban level of flood protection to the property. [Ord. 4-2017 § 3 (Exh. B); Ord. 7-2016 § 2 (Exh. 1B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.20.040). Formerly 23.158.040].

The development agreement may also contain the following information:

A. Conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided such that the development of land for the purposes and level set forth in the agreement is limited.

B. Requirements that the construction be commenced within a specific time period and that the project or any phase thereof be completed within a specific time frame. [Ord. 4-2017 § 3 (Exh. B)].

Development agreements are a discretionary legislative decision by the council pursuant to RCMC 23.104.030 (Recommending and approval authority). The city manager shall execute any development agreement approved. [Ord. 4-2017 § 3 (Exh. B)].

A public hearing and hearing notice shall be required for review and processing of a development agreement in accordance with the following:

A. Public Hearing Notice. A notice for public hearing shall be provided for pursuant to RCMC 23.110.120 (Notice of public hearing).

B. Public Hearing Procedure. A public hearing shall be held pursuant to RCMC 23.110.130 (Public hearing procedures). [Ord. 4-2017 § 3 (Exh. B)].

The council may grant a development agreement after finding all of the following. If the council does not make all of these findings, the development agreement shall not be approved.

A. The development agreement is consistent with the General Plan objectives, policies, land uses, and implementation programs and any other applicable Specific Plans.

B. The development agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole.

C. The development agreement will promote the orderly development of property or the preservation of property values.

D. The development agreement does not pertain to any property in the protected 200-year floodplain, unless the development agreement contains conditions that will provide an urban level of protection to the property consistent with California Government Code Section 65865.5. [Ord. 4-2017 § 3 (Exh. B); Ord. 7-2016 § 2 (Exh. 1B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.20.050). Formerly 23.158.050].

The approval authority may require modifications to the development agreement in whole or in part to ensure consistency with the General Plan and conformance with all applicable provisions of this title. [Ord. 4-2017 § 3 (Exh. B)].

Development agreements are not subject to appeal. [Ord. 4-2017 § 3 (Exh. B)].

A. Expiration Date Required. Development agreements shall include terms of expiration of the development agreement.

B. Extension. If a development agreement is extended, any development that occurs after the original expiration date shall be consistent with the provisions of the General Plan as of the adoption date of the amended development agreement unless otherwise negotiated in the agreement. [Ord. 4-2017 § 3 (Exh. B)].

A. Amendments to development agreements shall be processed in the same manner as the original development agreement.

B. If any development agreement is amended during its term, any change shall be consistent with the provisions of the General Plan and any applicable Specific Plan. [Ord. 4-2017 § 3 (Exh. B)].

A. Effective Date. The city shall execute development agreements on or after the effective date of the ordinance approving the agreement.

B. Recordation. A development agreement shall be recorded in the office of the county recorder no later than 10 days after it is executed. [Ord. 4-2017 § 3 (Exh. B)].

A. Applicable Regulations. Unless otherwise provided by the development agreement itself, the rules, regulations, and official policies governing allowed uses of the land, density and intensity of use, design, improvement, and construction standards and specifications applicable to development of the property subject to a development agreement are the rules, regulations, and official policies in force at the time of execution of the agreement.

B. Additional Requirements. A development agreement does not prevent the city, in subsequent actions, from applying new rules, regulations, and policies that do not conflict with those applicable to the property, nor does a development agreement prevent the city from conditionally approving or disapproving any subsequent development project application on the basis of existing or new rules, regulations, and policies. [Ord. 4-2017 § 3 (Exh. B)].

The director shall review the development agreement every 12 months from the date the agreement is entered into and provide a written report to the council. The burden of proof is on the applicant to provide necessary information verifying compliance with the terms of the agreement. The applicant shall also bear the cost of such review in accordance with the fee or deposit established by the council resolution. If the director finds that any aspect of the development project is not in strict compliance with the terms of the agreement or may warrant consideration by the council, the director may schedule the matter before the council for review. [Ord. 4-2017 § 3 (Exh. B)].

This chapter establishes special regulations for nonconforming land uses and structures that were lawful before the adoption or amendment of this zoning code, but which would be prohibited, regulated, or restricted differently under the current terms of this zoning code or future amendments. It is the intent of these regulations to allow the continuation of nonconformities under limited conditions outlined herein and reconstruction in the event of natural disaster. Generally, any expansion of nonconforming uses or structures is prohibited. However, this chapter establishes special regulations for the potential expansion of nonconformities in limited areas of the city on a case-by-case basis where specific findings can be made. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.24.010)].

[Ord. 4-2017 § 3 (Exh. B)].

A. A nonconforming use may continue to operate in perpetuity, be transferred, or be sold; provided, that the use shall not be enlarged or intensified, nor be expanded to occupy a greater area than it lawfully occupied before becoming nonconforming. Likewise, plans for any use approved as of the date the ordinance codified in this chapter becomes effective may be carried out as approved. Any extension of such approval for which the applicant was entitled to apply as of the effective date may be granted according to the regulations in effect prior to the effective date; if granted, such extension will be considered the same as an approval granted before the effective date. The person asserting the nonconforming use must present evidence that the use existed before the enactment of the zoning code provision prohibiting the use.

B. A nonconforming structure may be maintained or improved as follows:

1. Maintenance and Repair. A nonconforming structure may be maintained and repaired. Maintenance may include repair work necessary to keep the building or structure in sound condition but maintenance shall not include the replacement of a building or structure.

2. Seismic Retrofitting and Building Code Compliance. Repairs, alterations, or reconstruction to reinforce unreinforced masonry structures or to comply with building code requirements shall be allowed; provided, that the work is exclusively to comply with applicable earthquake safety standards and the building code.

3. Structural alteration of a nonconforming structure to improve safety or to reduce fire hazard. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.24.030)].

A nonconforming use or structure may be modified or expanded as listed below, subject to the provisions of RCMC 23.170.070 (Nonconforming use permit procedures):

A. Structural Modification. Addition, enlargement, extension, or relocation of a nonconforming structure may be allowed if the changes to the structure conform to applicable provisions of this zoning code. Such modifications may not expand the extent of the nonconforming aspect of the structure or result in any new nonconforming conditions for the subject property.

B. Expansion of Use. Expansion or modification of a nonconforming use may be allowed in limited areas of the city.

C. Exterior improvements or expansion of structures may also require design review approval pursuant to Chapter 23.140 RCMC (Minor Design Review) or Chapter 23.141 RCMC (Major Design Review). [Ord. 4-2017 § 3 (Exh. B); Ord. 13-2013 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.24.040)].

If a nonconforming structure, or a conforming structure occupied by a nonconforming use, is involuntarily damaged or destroyed, the structure may be repaired or rebuilt and reoccupied in the same manner in which it originally existed if the restoration is started within one year of the date of the damage and is diligently pursued to completion. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.24.050)].

If a nonconforming use is discontinued for a continuous period of six months or more, rights to nonconforming status shall terminate. A determination that a use has been abandoned requires both (A) evidence of an intention to abandon, and (B) an act or failure to act which shows or implies that the owner does not continue to claim or retain an interest in the nonconforming use. Evidence may include, but is not limited to, removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, disconnected or discontinued utilities, or no business records to document continued operation. Maintenance of a valid business license shall of itself not be considered a continuation of the use. Without further action by the city, any subsequent use of the site or structure shall comply with all of the regulations of the applicable zoning district and all other applicable provisions of this zoning code. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.24.060)].

A. Purpose. The purpose of the nonconforming use permit is to allow for individual review of requests to expand or modify a nonconforming use in a manner that ensures compatibility with surrounding areas and uses.

B. Applicability. Nonconforming use permits may only be requested and considered for nonconforming uses and structures on property zoned for mixed-use.

C. Permit Requirements. A nonconforming use permit is required for the expansion or modification of existing nonconforming structures or uses.

D. Application Required. An application for a nonconforming use permit shall be filed in accordance with RCMC 23.110.040 (Application requirements).

E. Approval Authority. Nonconforming use permits shall be approved by the specified approval authority as designated in RCMC 23.104.030 (Recommending and approval authority).

F. Public Hearing Notice and Procedures. No public hearing is required for the review and processing of a nonconforming use permit.

G. Notice of Decision. The notice of decision shall be issued pursuant to RCMC 23.110.140 (Notice of decision).

H. Approval Findings. A nonconforming use permit shall be granted only when the approval authority makes all of the following findings:

1. The establishment, maintenance, or operation of the use expansion applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of such use or to the general welfare of the city.

2. The benefit to the public health, safety, or welfare exceeds the detriment inherent in the expansion of nonconformity.

3. The modified or expanded nonconforming structure or use would not be incompatible with reasonably foreseeable uses as allowed under the applicable zoning regulations.

I. Conditions of Approval. The approval authority may impose conditions and/or require guarantees for the nonconforming use permit to ensure compliance with this section and other applicable provisions of this title and satisfy the required approval findings.

J. Appeals. Appeals of a nonconforming use permit may be filed in accordance with RCMC 23.110.160 (Appeals).

K. Permit Expiration. Nonconforming use permits shall expire three years from the original date of approval, unless:

1. Substantial construction of the permitted use has commenced and is diligently pursued to completion, or actual occupancy of an existing building or land occurs under the terms of the permitted use; or

2. An extension is approved in accordance with RCMC 23.110.070 (Extension of land use entitlement).

L. Amendments. An applicant may request an amendment to a nonconforming use permit after the final written decision is issued. Amendments shall be processed in accordance with RCMC 23.110.180 (Amendments). [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.24.070)].

This chapter establishes provisions which are intended to ensure compliance with the requirements of this zoning code and any conditions of land use permits to promote the city’s planning efforts and for the protection of the public health, safety, and welfare of the city. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.25.010)].

No person shall erect, construct, alter, maintain, or use any building or structure or shall use, divide, or transfer any land in violation of this code or any amendment thereto. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.25.020)].

All departments, officials, and public employees of the city who are assigned the authority or duty to issue permits or licenses shall comply with the provisions of this zoning code. The following actions are determined to conflict with this code:

A. Permits for uses or structures that would be in conflict with the provisions of the zoning code shall not be issued.

B. Any permit issued in conflict with the provisions of this zoning code shall be deemed void.

C. Any action taken by an official or public employee of the city in conflict with the provisions of this zoning code shall be deemed void. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.25.030)].

A. Buildings and Structures. Each exterior of a building or other structure (e.g., signs, trash enclosures, shade structures) must be kept in a good state of repair and the exterior finish must be clean and well maintained.

B. Site. The entire site, including paved, unpaved, and landscaped areas, must be kept in a neat and orderly manner, free of junk, debris, abandoned vehicles, weeds, loose trash, and other litter pursuant to Chapter 17.12 RCMC (Weed Control), Chapter 16.18 RCMC (Maintenance of Privately Owned Properties Visible from Public Property) and all other city ordinances related to property maintenance and nuisances. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.25.040)].

A. The city manager, director, code enforcement officer, or designees may issue citations for any violations of the zoning code pertaining to the use of any land and the addition, alteration, construction, conversion, erection, moving, reconstruction, or use of any structure pursuant to Chapter 16.18 RCMC (Nuisance Code).

B. Other officials of the city charged by the law with the general duty of enforcing city ordinances shall also enforce the provisions of this zoning code. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.25.050)].

A. Public Nuisance. Any structure or use which is altered, constructed, established, or maintained contrary to the provisions of this zoning code or any applicable condition of approval imposed on a permit is unlawful and a public nuisance, and shall be subject to the remedies and penalties identified in this chapter, the municipal code, and other remedies available to the city.

B. Infractions. It is an infraction for any person to do any act forbidden or fail to perform any act required by the zoning code. Penalties for infractions shall be in compliance with state law.

C. Stop Work Order. Any construction in violation of this zoning code or any conditions imposed on a permit shall be subject to the issuance of a stop work order.

D. Remedies. Each day any violation of this zoning code continues is a new and separate offense. Each violation of the zoning code is considered a separate offense. Should a person be found guilty and convicted of an infraction for the violation of any provision of this zoning code, the conviction shall not prevent the city from pursuing any other available remedy to correct the violation. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.25.060)].

A. Pre-Approval Inspections. Every applicant seeking a permit or any other action in compliance with the zoning code shall allow the city officials handling the application access to any premises or property which is the subject of the application.

B. Post-Approval Inspections. If the permit or other action in compliance with this zoning code is approved, the owner or applicant shall allow appropriate city officials access to the premises in order to determine continued compliance with the approved permit and/or any conditions of approval imposed on the permit. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.25.070)].

This section provides procedures for securing punitive revocation or modification of previously approved land use permits or entitlements.

A. Applicability. The director or council may initiate revocation proceedings for any approval or permit if it is determined there is substantial likelihood that any of the following situations exist:

1. One or more conditions of approval have not been implemented or have been violated.

2. The activities, or the use itself, are substantially different from what was approved.

B. Notice to Initiate Revocation Proceedings. The city shall provide to the record owner of the subject site and any person in possession or control of the site a written notice to initiate revocation proceedings. Such notice shall be provided at least 20 calendar days prior to the hearing date, and include the following:

1. The permit proposed for revocation.

2. A summary of the reasons for initiation of revocation proceedings and any supporting documentation.

3. A summary of the permit revocation process.

C. Approval Authority. The approval authority for permit revocation shall be the designated approval authority for the initial permit application.

D. Public Hearing Notice and Procedures. A public hearing shall be required for review of a permit revocation only when a public hearing was required for approval of the permit subject to revocation. A public hearing and hearing notice shall be required in accordance with the following:

1. Public Hearing Notice. A notice for public hearing shall be provided for pursuant to RCMC 23.110.120 (Notice of public hearing).

2. Public Hearing Procedure. A public hearing shall be held pursuant to RCMC 23.110.130 (Public hearing procedures).

E. Review Authority Action and Findings. A land use permit may be revoked or modified by the approval authority which originally approved the permit if any of the following facts can be made in a positive manner:

1. Circumstances under which the permit was granted have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be met.

2. The entitlement or permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the applicant’s testimony presented during the public hearing, for the permit.

3. One or more of the conditions of the permit have not been substantially fulfilled or have been violated.

4. The use or structure for which the permit was granted has ceased to exist or has lost its legal nonconforming use status.

5. The improvement authorized in compliance with the permit is in violation of any code, law, ordinance, regulation, or statute.

6. The improvement/use allowed by the permit has become detrimental to the public health, safety, or welfare, or the manner of operation constitutes or is creating a public nuisance.

F. Revocations. The city’s action to revoke an entitlement shall have the effect of terminating the entitlement and denying the privileges granted by the original approval.

G. Modifications. The city may choose to allow the modification of the operational characteristics instead of revoking an entitlement. These modifications may include operation aspects related to buffers, duration of the entitlement, hours of operation, landscaping, lighting, parking, performance guarantees, property maintenance, signs, surfacing, or traffic circulation.

H. Burden of Proof. The director or any private complaining party shall have the burden to prove, based on substantial evidence in the whole record, that the applicant or the applicant’s successor has violated the city’s approval.

I. Notice of Decision. The hearing officer shall issue a written decision on the matter within 15 calendar days.

J. Appeals. Appeals of a permit revocation determination by the director may be filed in accordance with RCMC 23.110.160 (Appeals). Permit revocation determinations by council are not subject to appeal. [Ord. 4-2017 § 3 (Exh. B); Ord. 13-2013 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.25.080)].

This section describes the procedures for initiating enforcement action in cases where the director has determined that real property in the city is being used in violation of zoning code provisions.

A. Notice of Violation. The director shall provide the record owner of the subject site and any person in possession or control of the site with a written notice of violation, which shall include the following information:

1. A description of the violation and citations of applicable zoning code provisions being violated;

2. A time limit for correcting the violation;

3. A statement that the city intends to charge the property owner for all administrative costs associated with the abatement of the violation;

4. A statement that the property owner may request and be provided a meeting with the director or designee to discuss possible methods and time limits for the correction of the violations.

B. Time Limit for Correction.

1. The notice of violation shall state that the violations shall be corrected within 30 days from the date of the notice to avoid further enforcement action by the city.

2. The 30-day time limit may be extended by the director upon determining that the responsible party will likely correct the violations within a reasonable time period.

3. The director may require through the notice of violation that the correction occur within less than 30 days if the violation constitutes a hazard to public health or safety.

C. Use of Other Enforcement Procedures. Additional enforcement remedies available to the city may be employed by the director after or instead of the provisions of this section where the director determines that this section would be ineffective in securing the correction of the violation within a reasonable time. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.25.090)].

A. Cost Recovery. The city shall be reimbursed for administrative cost, including, but not limited to, staff and city attorney time expended on the enforcement of the provisions of this zoning code.

1. Record of Cost. The department shall maintain records of all administrative costs incurred by responsible city departments and associated with the processing of violations and enforcement of this zoning code, and shall recover costs from the property owner.

2. Summary of Costs. At the conclusion of the case, the director shall send a summary of costs associated with enforcement to the owner and/or persons having possession or control of the property by certified and first class mail.

3. Recovery. The city may pursue all applicable legal remedies to recover delinquent costs under this section, including those contained in RCMC 1.01.200 related to liens and special assessments.

B. Actions That Require a Permit. Any person who alters or establishes any land use or structure without first obtaining any permit required by this zoning code shall pay the additional permit processing fees as established by the city that result from this action. Delinquent fees may be made a lien or special assessment against the subject property, pursuant to RCMC 1.01.200.

C. Inspection Fee. An inspection fee as established by the city shall be imposed on each person who receives a notice of violation, notice and order, or letter of correction of any provision of this zoning code, adopted building code, or state law. The fee may be assessed for each inspection or reinspection conducted when the particular violation is not fully abated or corrected as directed. Delinquent fees may be made a lien or special assessment against the subject property, pursuant to RCMC 1.01.200. [Ord. 4-2017 § 3 (Exh. B); Ord. 27-2014 §§ 13, 14; Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.25.100)].