Rancho Cordova City Zoning Code
ARTICLE 1
ADMINISTRATION
§ 23.101.010 Purpose of the zoning code.
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. 27-2008 § 1 (Exh. A § 1.1.010); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))
§ 23.101.020 Authority.
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. 27-2008 § 1 (Exh. A § 1.1.020); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))
§ 23.101.030 Applicability of regulations.
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. 27-2008 § 1 (Exh. A § 1.1.030); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))
§ 23.101.040 Actions subject to a land use permit.
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. 27-2008 § 1 (Exh. A § 1.1.040); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))
§ 23.101.045 Zoning code changes on pending applications.
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))
§ 23.101.050 Responsibility of administration.
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. 27-2008 § 1 (Exh. A § 1.1.050); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))
§ 23.104.010 Purpose.
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. 27-2008 § 1 (Exh. A § 1.2.010); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 17-2021 § 3 (Exh. A); Ord. 22-2021 § 3 (Exh. A); Ord. 15-2022 § 4 (Exh. A))
§ 23.104.020 Planning agency.
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. 27-2008 § 1 (Exh. A § 1.2.020); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 17-2021 § 3 (Exh. A); Ord. 22-2021 § 3 (Exh. A); Ord. 15-2022 § 4 (Exh. A))
§ 23.104.030 Recommending and approval authority.
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.
Table 23.104-1: Approval Authority for Entitlements | |||||
|---|---|---|---|---|---|
Entitlement | Approval Type | Public Hearing Required | Designated Approval Authority "F" = Final Approval Authority "A" = Appeal Body "R" = Recommendation | ||
Director | Planning Commission | Council | |||
Zoning Certification | Nondiscretionary | No | F(2) | ||
Temporary Use Permit | Nondiscretionary | No | F | ||
Similar Use Determination | Limited Discretion | No | F | A | A |
Unified Sign Program | Limited Discretion | No(1) | F | A | A |
Administrative Use Permit | Limited Discretion | No(1) | F | A | A |
Reasonable Accommodation | Limited Discretion | No(1) | F | A | A |
Adjustment | Limited Discretion | No(1) | F | A | A |
Nonconforming Use Permit | Limited Discretion | No(1) | F | A | A |
Minor Design Review | Limited Discretion | No(1) | F | A | A |
Conditional Use Permit | Discretionary (Quasi-Judicial) | Planning Commission | R | F | A |
Major Design Review | Discretionary (Quasi-Judicial) | Planning Commission | R | F | A |
Variance | Discretionary (Quasi-Judicial) | Planning Commission | R | F | A |
Special Planning Areas | Discretionary (Legislative) | Council | R | R | F |
Zoning Amendments | Discretionary (Legislative) | Council | R | R | F |
Specific Plans | Discretionary (Legislative) | Council | R | R | F |
General Plan Amendments | Discretionary (Legislative) | Council | R | R | F |
Development Agreements | Discretionary (Legislative) | Council | R | R | F |
(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. 27-2008 § 1 (Exh. A § 1.2.030); Ord. 12-2011 § 3 (Exh. A); Ord. 13-2013 § 4 (Exh. B); Ord. 4-2017 § 3 (Exh. B); Ord. 17-2021 § 3 (Exh. A); Ord. 22-2021 § 3 (Exh. A); Ord. 15-2022 § 4 (Exh. A))
§ 23.104.040 Referrals to planning commission or council.
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. 4-2017 § 3 (Exh. B); Ord. 17-2021 § 3 (Exh. A); Ord. 22-2021 § 3 (Exh. A); Ord. 15-2022 § 4 (Exh. A))
§ 23.107.010 Purpose.
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. 27-2008 § 1 (Exh. A § 1.3.010); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))
§ 23.107.020 Rules of interpretation.
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:
City of Rancho Cordova | = | City |
Community development director | = | Director |
City council | = | Council |
Planning department | = | Department |
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. 27-2008 § 1 (Exh. A § 1.3.020); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 4-2018 § 3 (Exh. A))
§ 23.107.030 Official interpretations.
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. 27-2008 § 1 (Exh. A § 1.3.030); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))
§ 23.110.010 Purpose and applicability.
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. 27-2008 § 1 (Exh. A § 1.4.010); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 17-2021 § 3 (Exh. A); Ord. 22-2021 § 3 (Exh. A))
§ 23.110.020 Consolidated review.
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. 27-2008 § 1 (Exh. A § 1.4.020); Ord. 12-2011 § 3 (Exh. A); Ord. 13-2013 § 4 (Exh. B); Ord. 4-2017 § 3 (Exh. B); Ord. 17-2021 § 3 (Exh. A); Ord. 22-2021 § 3 (Exh. A))
§ 23.110.030 Initiation of application.
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. 27-2008 § 1 (Exh. A § 1.4.030); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 17-2021 § 3 (Exh. A); Ord. 22-2021 § 3 (Exh. A))
§ 23.110.040 Application requirements.
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. 27-2008 § 1 (Exh. A § 1.4.040); Ord. 12-2011 § 3 (Exh. A); Ord. 13-2013 § 4 (Exh. B); Ord. 4-2017 § 3 (Exh. B); Ord. 17-2021 § 3 (Exh. A); Ord. 22-2021 § 3 (Exh. A))
§ 23.110.050 Determination of completeness.
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. 27-2008 § 1 (Exh. A § 1.4.050); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 17-2021 § 3 (Exh. A); Ord. 22-2021 § 3 (Exh. A))
§ 23.110.060 Withdrawal of land use application.
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. 27-2008 § 1 (Exh. A § 1.4.060); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 17-2021 § 3 (Exh. A); Ord. 22-2021 § 3 (Exh. A))
§ 23.110.070 Extension of land use entitlement.
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. 27-2008 § 1 (Exh. A § 1.4.070); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 17-2021 § 3 (Exh. A); Ord. 22-2021 § 3 (Exh. A))
§ 23.110.080 Environmental assessment.
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. 27-2008 § 1 (Exh. A § 1.4.080); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 17-2021 § 3 (Exh. A); Ord. 22-2021 § 3 (Exh. A))
§ 23.110.090 Preapplication conference.
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. 27-2008 § 1 (Exh. A § 1.4.090); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 17-2021 § 3 (Exh. A); Ord. 22-2021 § 3 (Exh. A))
§ 23.110.100 Neighborhood meeting.
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. 27-2008 § 1 (Exh. A § 1.4.100); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 17-2021 § 3 (Exh. A); Ord. 22-2021 § 3 (Exh. A))
§ 23.110.110 Notice of pending director determination and opportunity to request hearing.
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. 4-2017 § 3 (Exh. B); Ord. 17-2021 § 3 (Exh. A); Ord. 22-2021 § 3 (Exh. A))
§ 23.110.120 Notice of public hearing.
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. 4-2017 § 3 (Exh. B); Ord. 17-2021 § 3 (Exh. A); Ord. 22-2021 § 3 (Exh. A))
§ 23.110.130 Public hearing procedures.
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. 4-2017 § 3 (Exh. B); Ord. 17-2021 § 3 (Exh. A); Ord. 22-2021 § 3 (Exh. A))
§ 23.110.140 Notice of decision.
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. 4-2017 § 3 (Exh. B); Ord. 17-2021 § 3 (Exh. A); Ord. 22-2021 § 3 (Exh. A))
§ 23.110.150 Transfer of approval rights.
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.
(Formerly 23.110.140; Ord. 27-2008 § 1 (Exh. A § 1.4.140); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 17-2021 § 3 (Exh. A); Ord. 22-2021 § 3 (Exh. A))
§ 23.110.160 Appeals.
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. 4-2017 § 3 (Exh. B); Ord. 17-2021 § 3 (Exh. A); Ord. 22-2021 § 3 (Exh. A))
§ 23.110.170 Council call-ups.
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. 4-2017 § 3 (Exh. B); Ord. 17-2021 § 3 (Exh. A); Ord. 22-2021 § 3 (Exh. A))
§ 23.110.180 Amendments.
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. 4-2017 § 3 (Exh. B); Ord. 17-2021 § 3 (Exh. A); Ord. 22-2021 § 3 (Exh. A))
§ 23.113.010 Purpose.
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. 27-2008 § 1 (Exh. A § 1.5.010); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 4-2024 § 3 (Exh. A))
§ 23.113.020 Applicability.
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. 27-2008 § 1 (Exh. A § 1.5.020); Ord. 12-2011 § 3 (Exh. A); Ord. 13-2013 § 4 (Exh. B); Ord. 4-2017 § 3 (Exh. B))
§ 23.113.030 Application not required.
No application is required for zoning certification.
(Ord. 4-2017 § 3 (Exh. B))
§ 23.113.040 Approval authority.
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))
§ 23.113.050 Public hearing notice and procedure.
No public hearing is required for review and processing of a zoning certification.
(Ord. 4-2017 § 3 (Exh. B))
§ 23.113.060 Notice of decision.
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))
§ 23.113.070 Approval findings.
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.
(Formerly 23.113.030; Ord. 27-2008 § 1 (Exh. A § 1.5.030); Ord. 12-2011 § 3 (Exh. A); Ord. 13-2013 § 4 (Exh. B); Ord. 4-2017 § 3 (Exh. B))
§ 23.113.080 Conditions of approval.
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))
§ 23.113.090 Appeals.
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))
§ 23.113.100 Permit expiration.
Zoning certifications shall not expire.
(Ord. 4-2017 § 3 (Exh. B))
§ 23.113.110 Amendments.
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))
§ 23.116.010 Purpose.
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. 27-2008 § 1 (Exh. A § 1.6.010); Ord. 12-2011 § 3 (Exh. A); Ord. 13-2013 § 4 (Exh. B); Ord. 4-2017 § 3 (Exh. B))
§ 23.116.020 Applicability.
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. 27-2008 § 1 (Exh. A § 1.6.020); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))
§ 23.116.030 Application required.
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))
§ 23.116.040 Approval authority.
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))
§ 23.116.050 Public hearing notice and procedure.
No public hearing is required for review and processing of a temporary use permit.
(Ord. 4-2017 § 3 (Exh. B))
§ 23.116.060 Notice of decision.
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))
§ 23.116.070 Approval findings.
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.
(Formerly 23.116.040; Ord. 27-2008 § 1 (Exh. A § 1.6.040); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))
§ 23.116.080 Conditions of approval.
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.
(Formerly 23.116.050; Ord. 27-2008 § 1 (Exh. A § 1.6.050); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))
§ 23.116.090 Appeals.
Temporary use permits are not subject to appeal.
(Ord. 4-2017 § 3 (Exh. B))
§ 23.116.100 Permit expiration.
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))
§ 23.116.110 Amendments.
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))
§ 23.119.010 Purpose.
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. 27-2008 § 1 (Exh. A § 1.7.010); Ord. 12-2011 § 3 (Exh. A); Ord. 12-2014 § 3 (Exh. B); Ord. 4-2017 § 3 (Exh. B))
§ 23.119.020 Applicability.
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. 27-2008 § 1 (Exh. A § 1.7.020); Ord. 12-2011 § 3 (Exh. A); Ord. 12-2014 § 3 (Exh. B); Ord. 4-2017 § 3 (Exh. B))
§ 23.119.030 Application required.
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))
§ 23.119.040 Approval authority.
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))
§ 23.119.050 Public hearing notice and procedure.
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))
§ 23.119.060 Notice of decision.
The notice of decision shall be issued pursuant to RCMC § 23.110.140 (Notice of decision).
(Ord. 4-2017 § 3 (Exh. B))
§ 23.119.070 Approval findings.
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.
(Formerly 23.119.040; Ord. 27-2008 § 1 (Exh. A § 1.7.040); Ord. 12-2011 § 3 (Exh. A); Ord. 12-2014 § 3 (Exh. B); Ord. 4-2017 § 3 (Exh. B))
§ 23.119.080 Conditions of approval.
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.
(Formerly 23.119.050; Ord. 12-2014 § 3 (Exh. B); Ord. 4-2017 § 3 (Exh. B))
§ 23.119.090 Appeals.
Appeal of a unified sign program may be filed pursuant to RCMC § 23.110.160 (Appeals).
(Ord. 4-2017 § 3 (Exh. B))
§ 23.119.100 Permit expiration.
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))
§ 23.119.110 Amendments.
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))
§ 23.122.010 Purpose.
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. 27-2008 § 1 (Exh. A § 1.8.010); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))
§ 23.122.020 Applicability.
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.
(Formerly 23.122.030; Ord. 27-2008 § 1 (Exh. A § 1.8.030); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))
§ 23.122.030 Application required.
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))
§ 23.122.040 Approval authority.
Similar use determinations are a limited discretionary decision by the director in accordance with RCMC § 23.104.030 (Recommending and approval authority).
(Formerly 23.122.020; Ord. 27-2008 § 1 (Exh. A § 1.8.020); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))
§ 23.122.050 Public hearing notice and procedure.
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))
§ 23.122.060 Notice of decision.
The notice of decision shall be issued in accordance with RCMC § 23.110.140 (Notice of decision).
(Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))
§ 23.122.070 Approval findings.
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.
(Formerly 23.122.040; Ord. 27-2008 § 1 (Exh. A § 1.8.040); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))
§ 23.122.080 Conditions of approval.
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))
§ 23.122.090 Appeals.
Appeals may be filed in accordance with RCMC § 23.110.160 (Appeals).
(Ord. 4-2017 § 3 (Exh. B))
§ 23.122.100 Permit expiration.
Similar use determinations shall not expire.
(Ord. 4-2017 § 3 (Exh. B))
§ 23.122.110 Amendments.
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))
§ 23.122.120 Record of determinations.
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))
§ 23.125.010 Purpose.
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. 27-2008 § 1 (Exh. A § 1.9.010); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))
§ 23.125.020 Applicability.
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. 27-2008 § 1 (Exh. A § 1.9.020); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))
§ 23.125.030 Application required.
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))
§ 23.125.040 Approval authority.
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))
§ 23.125.050 Public hearing notice and procedure.
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))
§ 23.125.060 Notice of decision.
The notice of decision shall be issued pursuant to RCMC § 23.110.140 (Notice of decision).
(Ord. 4-2017 § 3 (Exh. B))
§ 23.125.070 Approval findings.
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.
(Formerly 23.125.030; Ord. 27-2008 § 1 (Exh. A § 1.9.030); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))
§ 23.125.080 Conditions of approval.
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.
(Formerly 23.125.040; Ord. 27-2008 § 1 (Exh. A § 1.9.040); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))
§ 23.125.090 Appeals.
Appeal of an administrative use permit may be filed pursuant to RCMC § 23.110.160 (Appeals).
(Ord. 4-2017 § 3 (Exh. B))
§ 23.125.100 Permit expiration.
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))
§ 23.125.110 Amendments.
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))
§ 23.128.010 Purpose.
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. 27-2008 § 1 (Exh. A § 1.10.010); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 1-2022 § 3 (Exh. A))
§ 23.128.020 Applicability.
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. 27-2008 § 1 (Exh. A § 1.10.020); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 1-2022 § 3 (Exh. A))
§ 23.128.030 Application required.
An application for a reasonable accommodation permit shall be filed in accordance with RCMC § 23.110.040 (Application requirements).
(Ord. 27-2008 § 1 (Exh. A § 1.10.030); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 1-2022 § 3 (Exh. A))
§ 23.128.040 Approval authority.
A reasonable accommodation permit is a limited discretionary decision by the director as designated in RCMC § 23.104.030 (Recommending and approval authority).
(Ord. 4-2017 § 3 (Exh. B); Ord. 1-2022 § 3 (Exh. A))
§ 23.128.050 Public hearing notice and procedure.
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. 4-2017 § 3 (Exh. B); Ord. 1-2022 § 3 (Exh. A))
§ 23.128.060 Notice of decision.
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. 4-2017 § 3 (Exh. B); Ord. 1-2022 § 3 (Exh. A))
§ 23.128.070 Approval findings.
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.
(Formerly 23.128.040; Ord. 27-2008 § 1 (Exh. A § 1.10.040); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 1-2022 § 3 (Exh. A))
§ 23.128.080 Conditions of approval.
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.
(Formerly 23.128.050; Ord. 27-2008 § 1 (Exh. A § 1.10.050); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 1-2022 § 3 (Exh. A))
§ 23.128.090 Appeals.
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. 4-2017 § 3 (Exh. B); Ord. 1-2022 § 3 (Exh. A))
§ 23.128.100 Permit expiration.
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. 4-2017 § 3 (Exh. B); Ord. 1-2022 § 3 (Exh. A))
§ 23.128.110 Amendments.
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. 4-2017 § 3 (Exh. B); Ord. 1-2022 § 3 (Exh. A))
§ 23.131.010 Purpose.
This chapter allows for adjustments to certain zoning code provisions to allow creative design solutions and to accommodate unique site conditions.
(Ord. 27-2008 § 1 (Exh. A § 1.11.010); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))
§ 23.131.020 Applicability.
A.
An adjustment may be granted to modify certain requirements of this zoning code, as listed in Table 23.131-1.
Table 23.131-1: Standards Subject to Adjustment | ||
|---|---|---|
Standard | Maximum Reduction or Increase | |
Parking or loading spaces – Number required | 30% | |
Setbacks (reduction) | 40% | |
Maximum height (increase) | 30% | |
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. 27-2008 § 1 (Exh. A § 1.11.020); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))
§ 23.131.030 Application required.
An application for an adjustment shall be filed in accordance with RCMC § 23.110.040 (Application requirements).
(Ord. 4-2017 § 3 (Exh. B))
§ 23.131.040 Approval authority.
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))
§ 23.131.050 Public hearing notice and procedure.
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))
§ 23.131.060 Notice of decision.
The notice of decision shall be issued in accordance with RCMC § 23.110.140 (Notice of decision).
(Ord. 4-2017 § 3 (Exh. B))
§ 23.131.070 Approval findings.
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.
(Formerly 23.131.040; Ord. 27-2008 § 1 (Exh. A § 1.11.040); Ord. 12-2011 § 3 (Exh. A); Ord. 13-2013 § 4 (Exh. B); Ord. 4-2017 § 3 (Exh. B))
§ 23.131.080 Conditions of approval.
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.
(Formerly 23.131.060; Ord. 27-2008 § 1 (Exh. A § 1.11.060); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))
§ 23.131.090 Appeals.
Appeals of an adjustment may be filed in accordance with RCMC § 23.110.160 (Appeals).
(Ord. 4-2017 § 3 (Exh. B))
§ 23.131.100 Permit expiration.
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))
§ 23.131.110 Amendments.
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))
