Allowed uses. The use of land shall be consistent with the allowed use regulations as follows:

Permit and approval requirements. Any development or land use approval required by this title must be obtained before it is constructed or otherwise established unless exempt under section 17.12.030 (Additional Approvals May Be Required).

Development standards. All uses and structures must comply with the development standards described in this title, including but not limited to chapters 17.34 (General Development Standards) and 17.38 (Overlay Zones) and articles IV (Site Development Provisions), V (Specific Use Requirements), VI (Special Planning Areas), VII (Design Standards and Guidelines), and VIII (Form-Based Code). In addition:

Conditions of approval. The use of land and the construction of structures authorized by permits or entitlements granted by the city in accordance with the procedures provided by this title shall comply with any applicable conditions of approval imposed by the designated approving authority in approving the permit or entitlement, including any permit or entitlement that was approved prior to the effective date of this title or any amendments thereto.

Legal parcel. The use of land or the construction of a new structure shall only be permitted on parcels that have been legally created in compliance with title 16 (Subdivisions) and the Subdivision Map Act as determined by the Director of Engineering Services. Legal nonconforming parcels may be used or developed in compliance with chapter 17.62 (Nonconforming Uses and Structures).

Development agreements. All uses and structures shall comply with any applicable development agreement approved by the city in compliance with chapter 17.22 (Entitlements Decided by the City Council).

Building permits and other permits. The structures shall comply with the requirements for building permits and applicable city, county, regional, special district, state, or federal permits.

Application completeness. For development projects subject to the Permit Streamlining Act, the planning director shall determine whether or not the application is complete within 30 days of application submittal. The planning director shall notify the applicant of the determination that either:

Application completeness without notification. If the written determination is not made within 30 days after receipt, and the application includes a statement that it is an application for a development permit subject to the Permit Streamlining Act, the application shall be deemed complete for purposes of this chapter.

Resubmittal. Upon receipt and resubmittal of any incomplete application, a new 30-day period shall begin during which the planning director shall determine the completeness of the application. Application completeness shall be determined as specified in section 17.14.030(A) (Application Completeness).

Incomplete application. If additional information or submittals are required and the application is not made complete within 60 days, or some greater period as determined by the planning director if a written request is submitted by the applicant, of the completeness determination letter, the application will be deemed to have been withdrawn and no action will be taken on the application. Unexpended fees, as determined by the planning director, will be returned to the applicant. If the applicant subsequently wishes to pursue the project, a new application, including fees, plans, exhibits, and other materials, must then be filed in compliance with this article.

Right to appeal. The applicant may appeal the determination in accordance with section 17.14.070 (Appeals) and the Permit Streamlining Act (Government Code § 65943).

Public hearing required. The following procedures shall govern the notice and public hearing, where required pursuant to this title. The designated approving authority shall hold a public hearing to consider all applications for conditional use permits, variances, major design review, tentative subdivision maps, master plans, specific plans, zoning code/map amendments, prezoning, development agreements, and general plan amendments considered by the planning commission or city council.

Notice of hearing. Pursuant to Government Code §§ 65090 to 65094, not less than ten days before the scheduled date of a hearing, public notice shall be given of such hearing in the manner listed below. The notice shall state the date, time, and place of hearing, identify the hearing body, and provide a general description of the matter to be considered and the real property which is the subject of the hearing.

Supplemental notice requirements.

Requests for notification. Any person who requests to be on a mailing list for notice of hearing shall submit such request in writing to the city clerk. The city may impose a reasonable fee for the purpose of recovering the cost of such notification.

Receipt of notice. Failure of any person or entity to receive any properly issued notice required by law for any hearing required by this title shall not constitute grounds for any court to invalidate the actions of a designated approving authority for which the notice was given.

Hearing procedure. Hearings as provided for in this chapter shall be held at the date, time, and place for which notice has been given as required in this chapter. The approving authority shall conduct the public hearing and hear testimony from interested persons. The summary minutes shall be prepared and made part of the permanent file of the case. Any hearing may be continued to a date certain. If the hearing is not continued to a specific date/time, then the hearing shall be re-noticed.

Designated approving authority. The approving authority as designated in Table 17.14.060-1 (Review and Approval Authority) shall approve, conditionally approve, or deny the proposed land use, development permit or entitlement in accordance with the requirements of this title. Table 17.14.060-1 (Review and Approval Authority) identifies recommending (R) and final (F) authorities for each permit or entitlement. In acting on a permit, the approving authority shall make all required findings. An action of the approving authority may be appealed pursuant to procedures set forth in section 17.14.070 (Appeals).

Multiple entitlements. When a proposed project requires more than one permit with more than one approving authority, all project permits shall be processed concurrently, and final action shall be taken by the highest-level designated approving authority for all such requested permits.

Referral to the planning commission. At any point in the application review process, the planning director may transfer decision making authority to the planning commission at his/her discretion because of policy implications, unique or unusual circumstances, or the magnitude of the project. Decisions referred to the planning commission shall be considered at a noticed public hearing. A referral to another decision-maker is not an appeal and requires no appeal application or fee.

Appeal authority. Any interested person may appeal any action of the planning director, historic preservation commission or planning commission made pursuant to this article to the designated appeal authority listed in Table 17.14.070-1 (Appeal Authority) within ten days from the date of the action. Actions by the city council are final and no further administrative appeals are available.

Filing an appeal. All appeals shall be submitted in writing, identifying the determination or action being appealed and specifically stating the basis or grounds of the appeal. Appeals shall be filed within ten days following the date of determination or action for which an appeal is made, accompanied by a filing fee established by city council resolution, and submitted to the city clerk.

City councilmember appeal. A majority of the city council may appeal an action of the planning commission. If the city council makes an appeal, there shall be a presumption applied that the reason for the appeal is that the appealed action has significant and material effects on the quality of life within the city. Notwithstanding section 17.14.070(B) (Filing an Appeal), no other reason need be or shall be stated by the city council and no appeal fee shall be required. There shall be no presumption or inference of bias shall be made because of such an appeal.

Notice and schedule of appeal hearings. Unless otherwise agreed upon by the person filing the appeal and the applicant, appeal hearings should be conducted within a reasonable time frame from the date of appeal submittal. Notice of hearing for the appeal shall be provided pursuant to noticing requirements of section 17.14.050 (Public Hearing and Public Notice).

Appeal hearing and action. Each appeal shall be considered a de novo (new) hearing. In taking its action on an appeal, the appeal authority shall state the basis for its action. The appeal authority may act to confirm, modify, reverse the action of the approving authority, in whole or in part, or add or amend such conditions as it deems necessary. The action of the appeal authority is final on the date of decision and may not be further appealed beyond the City Council level.

Time limits. Unless a condition of approval or other provision of this title establishes a different time limit, any permit not exercised within two years of approval shall expire and become void, except where an extension of time is approved pursuant to this section.

Exercising permits. The exercise of a permit occurs when the property owner has performed substantial work as determined by the planning director and the building official and incurred substantial liabilities in good faith reliance upon such permit(s). A permit may be otherwise exercised pursuant to a condition of the permit or corresponding legal agreement that specifies that other substantial efforts or expenditures constitutes exercise of the permit. Unless otherwise provided, permits that have not been exercised prior to a zoning amendment, which would make the permitted use or structure nonconforming, shall automatically be deemed invalid on the effective date of the zoning amendment.

Permit extensions. The approval of an extension extends the expiration date for two years from the original permit date. After this initial permit extension, a final one-year extension of time may be granted pursuant to the same process as set forth in this section.

Permit expiration for a closed business. All permits and entitlements shall expire when a business is closed for more than 180 consecutive calendar days. Approval of new permits and entitlements based on current requirements shall be required prior to any business activity on the site.

Any person holding a permit granted under this title may request a modification to that permit. For the purpose of this section, the modification of a permit may include modification of the terms of the permit itself, project or site design, or the waiver or alteration of conditions imposed in the granting of the permit.

If the planning director determines that a proposed project action is not in substantial conformance with the original approval, the planning director shall notify the property owner of the requirement to submit a permit modification application to the planning department.

The planning director may review and approve the permit modification application provided the proposed modifications will not cause any of the following to occur:

If the planning director determines that the provisions of subsection C above do not apply to the proposed permit modification, the same approving authority as the original permit shall review the permit modification application.

A permit modification may be granted only when the approving authority makes all findings required for the original approval.

Consideration. The approving authority for the original entitlement or permit shall consider the revocation of same entitlement or permit.

Noticed public hearing. The decision to revoke an entitlement or permit granted pursuant to the provisions of this title shall be considered at a noticed public hearing. Public notice shall be provided and public hearing conducted pursuant to section 17.14.050 (Public Hearing and Public Notice).

Findings. A decision to revoke an entitlement or permit may be made if any one of the following findings can be made:

New evidence. There is new evidence that would support approving the project that was not presented at the previous hearing and could not have been previously discovered in the exercise of reasonable diligence by the applicant.

Substantial and permanent change of circumstances. There has been a substantial and material change of circumstances since the previous hearing that affects the applicant's real property.

Mistake at previous hearing. A mistake was made at the previous hearing that was a material factor in the denial of the previous application.

Purpose and applicability. The planning director may issue official code interpretations pursuant to this section when, in his or her opinion, the meaning or applicability of any provision of this code is ambiguous, misleading, or unclear. The purpose of such interpretations is to disclose the manner in which this title shall be applied in future cases, provided that any interpretation may be superseded by a later interpretation when the planning director determines that the earlier interpretation was in error or no longer applicable under the current circumstances. The planning director may issue an official interpretation or refer the question to the planning commission for a determination.

Review process.

Purpose. Certain administrative permits and entitlements decided by the planning director require a notice to neighboring property owners.

Applicability. Notice for director determination shall be provided for the following applications:

Notice of application. Notice of an application for a tree removal permit for six or more trees, minor exceptions, and minor use permits, shall be given in compliance with the requirements of this section. The notice shall specify that the application will be decided by the city following an open public comment period where comment is received on or before a date specified in the notice which shall be ten days after the date of mailing. This notice shall also include an explanation of appeal rights.

Decision. The director may approve, approve with conditions, or deny applications listed in this section. Decisions shall be based on standards and criteria set forth within this code and shall be accompanied by brief, written findings and a determination. Planning director decisions listed in section 17.16.025(B) (Applicability) above may be appealed to the planning commission.

Purpose. The plan check/zoning clearance process is to ensure that all new and modified uses and structures comply with applicable provisions of this code, using administrative procedures and a thorough but typically "over-the-counter" planning approvals for building permits, business licenses, and other city applications that requires approval from a different city department and can be processed by the planning department in a relatively short time period.

Applicability. Plan check/zoning clearance is required for the following actions:

Review process. Processed along with related city action, such as building permit application or business license.

Findings. Plan check/zoning clearance shall be granted only when the planning director finds the proposal to be in conformance with all applicable provisions of this title. No permit or application listed in sections 17.16.030(A) (Purpose) and 17.16.030(B) (Applicability) shall be issued without approval of plan check.

Compliance requirements. The planning director may impose requirements in order to ensure compliance with this title and to prevent adverse or detrimental impact to the surrounding neighborhood.

Purpose. The requirement of a home occupation permit ensures that home occupations in residential neighborhoods are compatible with the surrounding neighborhood character. The planning director is authorized to approve, impose reasonable conditions upon such approval, or deny home occupation permits.

Applicability. A home occupation permit shall be required for all home occupations.

Review process.

Findings. A home occupation permit shall be granted only when the planning director determines that the proposed home occupation complies with all of the following findings:

Compliance requirements. The planning director may impose requirements and/or require guarantees in order to ensure compliance with this title and to prevent adverse or detrimental impact to the surrounding neighborhood.

Purpose. The purpose of a sign permit is to provide a review process for new signs to ensure consistency with the requirements of this title.

Applicability. A sign permit shall be required prior to the placing, erecting, moving, or reconstructing of any sign in the city, unless expressly exempted by this title. Signs requiring a permit shall comply with the provisions of this title and all other applicable laws and ordinances.

Review process.

Findings. The planning director shall issue the sign permit only after determining and finding that the request complies with all requirements of this title applicable to the proposed sign, including any applicable uniform sign program.

Compliance requirements. The planning director may impose requirements related to approval of the sign permit in order to ensure compliance with this title and the general plan.

Purpose. A uniform sign program provides a process for the city's review of, and decisions related to, requests for signs for multi-tenant projects. The intent of a uniform sign program is to allow for the integration of a project's signs with the design of the structures to achieve a unified architectural statement and to approve common sign regulations for multi-tenant projects.

Applicability. A uniform sign program shall be required for all new multi-tenant shopping centers, office parks, and other multi-tenant, mixed-use, or otherwise integrated developments of three or more separate tenants/uses that share buildings, public spaces, landscape, and/or parking facilities.

Review process.

Findings. A uniform sign program, or revisions thereto, may be approved only when the designated approving authority makes all of the following findings:

Compliance requirements. The planning director may impose requirements when approving a sign program to ensure compliance with this title and the general plan.

Purpose. Temporary use permits provide a process for administrative review for short-term activities that may not meet the normal development or use standards of the applicable zone, but may be acceptable because of their temporary nature. 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 within the community.

Applicability. A temporary use permit shall be required prior to the establishment of those uses specified in section 17.104.020 (Permit Requirements and Exemptions).

Review process. Applications shall be submitted along with required materials and any application fee as established by city council resolution a minimum of 15 days prior to the event. The planning department and other departments as necessary shall review the request and render a decision. The decision shall clearly state, in writing, any conditions of approval or reasons for denial. Temporary use permits will be reviewed for compliance with development standards related to those activities provided in chapter 17.104 (Temporary Uses).

Findings. The planning director shall approve, or approve with conditions, an application for a temporary use permit after finding all of the following. If the director does not make all of these findings, he or she shall deny the temporary use permit:

Conditions. In approving a temporary use permit, the director may impose such conditions as are needed to ensure that the required findings can be made. Such conditions may include, but shall not be limited to, the following:

Revocation. A temporary use permit may be revoked or modified by the director based on any of the following grounds:

Purpose. The purpose of a tree removal permit is to provide a review process for the removal of heritage trees that are considered to be a community resource.

Applicability. The provisions of this chapter shall apply to all heritage trees on all private property within the city, except as set forth in section 17.16.080(E) (Exemptions) of this chapter. Further, this chapter is not intended to supersede tree preservation policies which are more stringent than the requirements of this title.

Heritage tree. A heritage tree is defined as any tree which meets at least one of the following criteria:

Permit requirements.

Exemptions. The following shall be exempt from the provisions of this chapter:

Review process.

Historic landmark designation. Where the trees in question are designated as a historic landmark, a request for a tree removal permit shall be subject to review and approval by the historic preservation commission and certificate of appropriateness procedure pursuant to chapter 17.18 (Historic Preservation Commission Decisions). The action of the historic preservation commission can be appealed to the city council.

Emergency waiver. Where the planning director determines a tree to be in a dangerous condition requiring emergency action to preserve the public health, safety, and welfare, the permit requirement may be waived. In the event of an emergency caused by a hazardous or dangerous tree, which condition poses an immediate threat to person or property, any member of the fire district may authorize the destruction or removal of such tree without securing a permit.

Factors for consideration.

Findings. The director shall approve, or approve with conditions, an application for a tree removal permit after finding all of the following:

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, permitted with a use permit, or not 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 or permitted with a use permit in a particular zone.

Applicability. A similar use determination is required when a use is not specifically listed in this code but may be permitted if it is determined to be similar in nature to a use that is permitted or permitted with a use permit.

Review process.

Findings. The planning director shall make a similar use determination after finding all of the following. If the planning director does not make all of these findings, he/she shall not make the similar use determination:

Determinations. Determinations shall be made in writing and shall contain the facts that support the determination. The department shall maintain all such determinations on record for review by the general public upon request. The notice of decision shall be provided, in writing, to the applicant and interested parties. The notice shall include:

Purpose. The purpose of site development review is to provide for the administrative review of projects which, because of their limited size and scope, have minor aesthetic, land use, or traffic implications and do not create any significant impact on public utilities or services and to ensure that such limited projects comply with all applicable city standards and ordinances, and are not detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the immediate vicinity.

Applicability. An application for site development review is required for residential, commercial, mixed use, industrial, and institutional projects whether or not a building permit is required that meet the following criteria:

Review process. An application for a site development review shall be filed with the planning department in a manner prescribed by the planning director with the required fee as established by city council resolution.

Findings. The planning director shall make the following findings before granting approval of a site development review application:

Conditions. The planning director is the designated approving authority and may apply conditions as the planning director deems necessary to make the findings required in section 17.16.120(D) (Findings).

Purpose. Exceptions may be needed to certain provisions to allow creative design solutions and to accommodate unique site conditions.

Applicability. A minor exception may be granted to modify certain requirements of this code, as listed in Table 17.16.110-1 (Standards Subject to Exception). Exceptions do not apply to land use and are not intended to waive a specific prohibition or procedural requirement. Additionally, a minor exception may be granted for exemptions from development standards for the repurposing or reuse of industrial warehouse and other large footprint buildings for adaptive reuse and alternative uses not envisioned when the structure was originally built, provided the use satisfies any allowed use and permit requirements provided in section 17.30.030 (Allowed Land Uses and Permit Requirements) or chapter 17.136, as applicable.

Review process. An application for a minor exception shall be filed with the planning department in a manner prescribed by the planning director with the required fee as established by city council resolution.

Public notice. The planning director shall, not less than ten days before rendering a decision, provide for public comment through notice to adjacent property owners of the pending application.

Findings. The planning director shall approve, or approve with conditions, an application for an exception after finding all of the following.

Conditions. In approving a minor exception, the director may impose any reasonable conditions to ensure that the approval will comply with the findings required, as well as any performance criteria and development standards contained within this code.

Purpose. The minor use permit provides a process for director review and determination of requests for uses and activities whose effects on adjacent sites and surroundings must be evaluated. These uses and activities generally meet the purposes of the applicable zone but require special consideration in their design or operation to ensure compatibility with surrounding or potential future uses. It is anticipated that uses qualifying for a minor use permit only have an impact on immediately adjacent properties and can be modified and/or conditioned to ensure compatibility.

Applicability. This section applies to land use requiring a minor use permit as designated with an "M" on the allowed use tables (Table 17.30.030-1 and Table 17.136.020-1).

Review process. An application for a minor use permit shall be filed with the planning department in a manner prescribed by the planning director with the required fee as established by city council resolution. The planning director is the approving authority for minor use permits. However, the planning director may also refer a minor use permit to the planning commission for review and approval pursuant to section 17.14.060(C) (Referral to the Planning Commission).

Findings. The director shall approve, or approve with conditions, an application for a minor use permit after finding all of the following.

Conditions. In approving a minor use permit, the director may impose any reasonable conditions to ensure that the approval will comply with the findings required, as well as any performance criteria and development standards contained within this code.

Purpose. This section establishes a minor design review process for certain types of residential, commercial, mixed use, industrial, and institutional development proposals to facilitate project review in a timely and efficient manner; to ensure that development projects comply with all applicable local design guidelines, standards, and ordinances; to minimize adverse effects on surrounding properties and the environment; and to be consistent with the general plan which promotes high aesthetic and functional standards to complement and add to the physical, economic, and social character of the city.

Applicability. Minor design review is required for commercial, mixed use, industrial, institutional, and residential projects that meet any of the following qualifications:

Review process.

Findings. The planning director shall make the following findings before approving a minor design review application:

Conditions. In approving a minor design review, the director may impose any reasonable conditions to ensure that the approval will comply with the findings required, as well as any performance criteria and development standards contained within this code.

Purpose. The hillside development review process provides a mechanism to review development proposals in sensitive hillside areas, the intent is to minimize the adverse effects of grading, and to provide for the safety and benefit the welfare of the citizens of the city while allowing for reasonable development of land.

Applicability. All projects within the hillside overlay zone and any properties with an eight percent slope or greater, including but not limited to:

Exceptions. Projects, which are limited in scope (e.g., regrading of yard areas, pool/spa construction, additions to existing structures which are less than 1,000 square feet, and/or construction of accessory structures which are less than 960 square feet) (not including accessory dwelling units), may apply for a minor design review. However, projects which require grading of large flat areas, including, but not limited to, such items as tennis courts or riding rings, shall require a hillside design review application.

Application. An application for a hillside design review shall be made on a form specified by the planning director and shall include, at minimum:

Review process.

Findings. The planning director, where authorized, shall make the following findings before approving a hillside development review application:

Conditions. In approving a hillside development review, the director may impose any reasonable conditions to ensure that the approval will comply with the findings required, as well as any performance criteria and development standards contained within this code.

Purpose and intent. In accordance with federal and state fair housing laws, it is the purpose of this section to allow for reasonable accommodations in the city's zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling. The intent is to alleviate the need for a variance request for a reasonable accommodation as described herein.

Permit application.

Review procedure. The planning director is the designated approval authority for reasonable accommodation requests and shall approve a reasonable accommodation request if the compliance requirements below are addressed.

Required findings. The written decision to approve a request for reasonable accommodation shall be based on the following findings, all of which are required for approval:

Conditions. The planning director is authorized to approve or deny applications and to impose reasonable conditions upon such approval, as the director may deem necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enable the director to make the findings required by section 17.16.150(D) (Required findings).

Alternative reasonable accommodations. The decision maker may approve alternative reasonable accommodations that provide an equivalent level of benefit to the applicant.

Consideration factors. The city may consider, but is not limited to, the following factors in determining whether the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling:

Consideration factors; fundamental alteration to zoning program. The city may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the city's zoning program:

Rules while decision is pending. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

Effective date. No reasonable accommodation shall become effective until the decision to grant such accommodation shall have become final by reason of the expiration of time to make an appeal. In the event an appeal is filed, the reasonable accommodation shall not become effective unless and until a decision is made by the city council on such appeal, pursuant to the provisions of this section.

Expiration. Any reasonable accommodation approved in accordance with the terms of this chapter shall expire within 24 months from the effective date of approval or at an alternative time specified as a condition of approval unless:

Time extension. The planning director may approve a single one-year time extension for a reasonable accommodation for good cause. An application for a time extension shall be made in writing to the director no less than 30 days or more than 90 days prior to the expiration date. The request for an extension shall be subject to the same notice, hearing, and appeal requirements applicable to the original application.

Violation of terms. Any reasonable accommodation approved in accordance with the terms of this code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith. Revocation of a reasonable accommodation shall be subject to the same notice, hearing, and appeal requirements applicable to the original application.

Discontinuance. A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for 180 consecutive calendar days. If the persons initially occupying a residence vacate, the reasonable accommodation shall remain in effect only if the planning director determines that:

Revocation. Any revocation shall be noticed and heard pursuant to the procedures established in this title.

Amendments. A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be treated as a new application. The director may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval.

Purpose. The purpose of an entertainment permit is to provide a discretionary review process for new entertainment uses where food and/or beverage is sold concurrently with any form of entertainment in order to ensure public health and safety.

Applicability. No person or business entity shall operate, conduct, or manage any place or premises open to the public where food or beverages are sold, offered for sale, or given away, and where any form of entertainment, as defined herein, is provided or furnished without first obtaining a permit so to do as hereinafter provided for in this chapter.

Exceptions. The provisions of this chapter shall not be deemed to require a permit for any of the following:

Review process. An application for an entertainment permit shall be filed with the planning department in a manner prescribed by the planning director with the required fee as established by city council resolution. The planning director is the approving authority for entertainment permits. However, the planning director may also refer an entertainment permit to the planning commission for review and approval pursuant to section 17.14.060(C) (Referral to the Planning Commission).

Findings. The planning director shall only approve an application for an entertainment permit if all of the following findings are made:

Conditions. The planning director in granting any permit may also impose such reasonable conditions as to the use or extent of such permit as deemed appropriate.

Transfer of permit.

Types of designations.

Designation criteria for historic landmarks.

Designation criteria for points of historic interest.

Designation criteria for historic districts and conservation districts.

Conservation districts. The city council may designate a property or collection of properties that do not qualify as a historic district as a conservation district if the proposed district has either:

Owner consent. Owner consent is not required for a structure or property to be designated as a point of historic interest, historic landmark, or contributing resource. However, a structure or property cannot be designated as either a historic landmark or a contributing resource over the owner's objection unless the city council makes all of the following findings:

Designation procedures—Historic landmarks and points of historic interest.

Designation procedures—Historic districts and conservation districts.

Maintenance responsibility. The owner, occupant, or other person having legal custody and control of a historic resource, defined as a historic landmark or contributing resource, shall keep the resource in good repair all exterior portions thereof, all interior portions thereof regulated by the applicable designation statement or adopted conservation plan, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature.

Required maintenance. The owner, occupant, or other person having legal custody and control of a historic landmark or contributing resource shall promptly repair such building or structure consistent with all other applicable local, state, and federal laws, if it is found to have any of the following defects as determined by the building and safety official:

Certificate of appropriateness. A certificate of appropriateness shall not be issued for the demolition of a historic landmark or contributing resource because of the failure of the owner to comply with the provisions of this section.

Purpose. The purpose of a certificate of appropriateness is to help maintain and return the lost or diminished architectural significance of the city's past.

Applicability. No person shall carry out or cause to be carried out any alteration, restoration, rehabilitation, construction, removal, relocation, or demolition of any historic landmark or contributing resource unless the city has first issued a certificate of appropriateness in accordance with the requirements of this chapter.

Exceptions. A certificate of appropriateness shall not be required for any of the following actions.

Procedures.

Findings. The historic preservation commission shall only approve an application for a certificate of appropriateness if all of the following findings are made:

Purpose. The historic preservation commission may issue a certificate of economic hardship to allow alteration or demolition of a historic landmark or contributing resource where denial of a certificate of appropriateness would create an undue hardship upon the owner.

Procedure.

Findings. The commission shall not approve any certificate of economic hardship unless it makes all of the following findings:

Documentation of the historic features of the property including, but not limited to, site plans, floor plans, elevations, detailed drawings of character-defining features, photographic records of the exterior, interior, and any character-defining features, title deed of the original owners, any historical information of person and events associated with the site.

Requirement for salvage, relocation, donation, or adaptive reuse of significant items or features within or on the property.

No permit for the demolition of any structure more than 50 years old or located on a property listed in the inventory of historic resources shall be issued unless the provisions of this section have been satisfied.

Within 30 days of the date on which an application for such a permit is deemed complete, the planning director shall review the historic significance of the property to determine whether the property meets the criteria for a historic landmark. If the planning director finds the property meets the criteria, he or she shall immediately initiate a historic landmark application and provide written notice of the decision to the property owner.

If the planning director initiates a historic landmark application, no demolition permit shall be issued until final action of the city council denying the proposed designation, except as otherwise provided in section 17.18.080 (Unsafe or Dangerous Conditions).

If the planning director does not initiate a historic landmark application within the 30 days specified by this section, the hold on the permit for demolition shall be released.

None of the provisions of this chapter shall be construed to prevent any construction, alteration, removal, demolition, or relocation of a historic landmark or contributing resource necessary to correct the unsafe or dangerous conditions of any structure, or feature, or part thereof, where the building and safety official has declared such condition unsafe or dangerous and the proposed construction, alteration, removal, demolition, or relocation is necessary to correct the unsafe or dangerous condition. Only such work as is necessary to correct the unsafe or dangerous condition may be performed pursuant to this section.

The building and safety official shall inform the commission prior to authorizing any work pursuant to this section unless he or she determines that such work is immediately necessary to correct the unsafe or dangerous condition, in which case, the building and safety official shall report his or her actions to the commission at its next regular meeting.

If work authorized by the building and safety official pursuant to this section is not immediately necessary to correct the unsafe or dangerous condition, the commission may advise the building and safety official of the historic significance of the building and recommend a reasonable period of postponement for the purpose of arranging for rehabilitation, relocation, or salvage of the historic resource or contributing resource. Notwithstanding the foregoing, if no arrangements have been made for rehabilitation, relocation, or salvage within 60 days of an order to abate a nuisance, the building official may proceed with the abatement action.

The historic preservation fund is established to provide funding for historic preservation efforts such as surveys, development of design guidelines, public education, and incentive programs. All funds deposited into the historic preservation fund shall be used solely for the conservation, preservation, restoration, or rehabilitation of historic resources.

The commission shall advise the city council regarding the use and expenditure of funds from the historic preservation fund and shall recommend activities or actions necessary to fulfill the objectives of the historic preservation fund.

No money from the historic preservation fund shall be used for the sole benefit of any property unless it has been designated a historic landmark, a point of historic interest, or a contributing resource.

To encourage owners to designate, maintain, preserve, rehabilitate, and improve historic landmarks and contributing resources, the city provides the incentives set forth in this section. Only properties designated as historic landmarks or contributing resources are potentially eligible to apply for preservation incentives.

Mills Act contracts. Pursuant to and consistent with Government Code § 50280, the city council may enter into Mills Act contracts with the owner of a historic landmark for the purpose of preservation, rehabilitation, and maintenance of designated historic resources, which shall allow the owner to receive a reduction in property taxes in exchange for a commitment to specific repair, restoration, or rehabilitation improvements and satisfactory maintenance of the property. The agreement shall include, but not be limited to, the contract provisions required under state law and shall extend for a minimum period of ten years, renewed annually, until and unless a notice of nonrenewal or cancellation is filed. The application process, review procedures, and required contract provisions for Mills Act agreements shall be established at the sole discretion of the city council based on the recommendations of the commission in a form to be approved by the city attorney. The planning director or designee shall implement the program.

Public recognition. The commission may establish a program to publicly recognize historic resources, points of historic interest, historic districts, and conservation districts with plaques, signage, and other appropriate forms of recognition.

State historical building code. Any alteration made for preservation, rehabilitation, restoration, or relocation of historic resources may be made according to the requirements of the latest adopted state historical building code.

Nonconforming parking. Single-family residences designated as historic resources that are nonconforming due to substandard parking shall not be required to provide parking according to current standards provided that additional floor area does not exceed 50 percent of the existing floor area in any 24-month period. Multiple-family developed properties designated as historic resources that are nonconforming due to substandard parking shall not be required to bring the existing parking into compliance with current parking requirements due to the addition of new units, provided that parking for the new units meets the current zoning standards.

Fee relief and waivers. Historic landmarks and contributing resources are eligible for the following fee waivers, refunds, and reductions:

Preservation easements. The city may agree to the acquisition of preservation easements on the facades of buildings designated as historic landmarks or the acquisition of such on the city's behalf by a nonprofit group designated by the city through purchase, donation, or condemnation pursuant to Civil Code § 815.

Purpose. The purpose of a variance is to provide flexibility from the strict application of development standards when special circumstances pertaining to the property such as size, shape, topography, or location deprives such property of privileges enjoyed by other property in the vicinity and in the same zone (consistent with the objectives of this title). Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

Applicability. A variance may be granted for any exception to the requirements of this title, unless specifically exempted in section 17.20.030(C) (Exemptions).

Exemptions. A variance from this title may not be granted to:

Review process. The planning commission is the designated approving authority for variances and shall approve, conditionally approve or deny all such applications. The planning commission shall hold a public hearing on each application for a variance. The hearing shall be set and notice given as prescribed in chapter 17.14 (General Application Processing Procedures).

Findings.

Conditions. The planning commission is authorized to grant a variance to achieve those purposes as prescribed in accordance with the procedure in this section and impose reasonable conditions as the commission may deem necessary to ensure compatibility with surrounding uses; to preserve the public health, safety, and welfare; and to enable the commission to make the findings required by section 17.20.030(E) (Findings).

Purpose. This section establishes the review procedures for residential, commercial, mixed use, industrial, and institutional development proposals to facilitate project review by local responsible agencies in a timely and efficient manner; to ensure that development projects comply with all applicable local design guidelines, standards, and ordinances; to minimize adverse effects on surrounding properties and the environment; and to maintain consistency with the general plan, which promotes high aesthetic and functional standards to complement and add to the physical, economic, and social character of the city. In addition, the city finds that a major design review process will support the implementation of the general plan, as it stresses quality community design standards. The city further finds that the quality of certain residential, institutional, commercial, mixed use, and industrial uses has a substantial impact upon the visual appeal, environmental soundness, economic stability, and property values of the city. This section is not intended to restrict imagination, innovation, or variety, but rather to focus on community design principles which can result in creative imaginative solutions for the project and a quality design for the city. It is the purpose of this section to:

Applicability. An application for major design review is required for commercial, mixed use, industrial, institutional, and residential projects involving the issuance of a building permit for construction or reconstruction of a structure which meets any of the following criteria.

Zones review process. The major design review procedure is outlined below.

Findings. The planning commission shall make the following findings before approving a major design review application:

Planning commission decision and conditions. The planning commission is authorized to approve or deny applications and to impose reasonable conditions upon such approval, as the commission may deem necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enable the commission to make the findings required by section 17.20.040(D) (Findings).

Purpose. These regulations are intended to prevent problems of blight and deterioration which can be brought about by the concentration of adult entertainment businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, public parks, and residential zones. The city council finds that it has been demonstrated in various communities that the concentration of adult entertainment businesses causes an increase in the number of transients in the area and an increase in crime and can cause other businesses and residents to move elsewhere. It is therefore the purposes of this section to establish establishes reasonable and uniform regulations to prevent the concentration of adult establishments or their close proximity to incompatible uses, while permitting the location of adult businesses in certain areas.

Applicability. The permittee must apply for a new adult entertainment permit as follows:

Permit application.

Review process.

Grounds for denial. An adult entertainment permit shall be approved unless the approving authority determines from a consideration of the application, city inspection of the premises, or other pertinent information that:

Conditions. The planning commission is the designated approving authority and may apply conditions as the planning commission deems necessary to not identify a basis for denial as provided in section 17.20.050(E) (Grounds for Denial).

Display of permit. Each person to whom or for whom a permit has been granted shall display said permit in a conspicuous place within the adult entertainment establishment so the same may be readily seen by persons entering the premises.

Sale or transfer of business. No adult entertainment permit may be sold, transferred, or assigned by the permittee, or by operation of law, to any other person or persons; and any such sale, transfer, or assignment, or attempted sale, transfer, or assignment, shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be deemed terminated and void; provided and excepting, however, that if the permittee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit and in each case the permittee shall thereafter be deemed to be the surviving partner(s). One or more proposed partner(s) in a partnership granted a permit hereunder may make application to the planning director, together with the fee established by the city council therefor, to amend the original application providing all information as required for partners in the first instance and, upon approval thereof, the transfer of the interests of one or more partners to the proposed partner or partners may occur. If the permit is issued to a corporation, the permit shall be deemed terminated and void if stock is sold, transferred, issued, or assigned to a person not listed on the application as a stockholder; provided, however, the proposed transferee may submit to the planning director, together with a fee established by the city council, an application to amend the original application providing all information as required for stockholders in the first instance, and upon approval thereof, the transfer may then occur.

Purpose. The purpose of a conditional use permit is to provide a public review process for the discretionary review of proposed uses and activities that require special consideration to ensure that their effects are compatible with locational, use, structural, traffic, and/or the characteristics of neighboring properties and the community. This discretionary review process is intended to ensure land use compatibility and to mitigate potential impacts or conflicts that could otherwise result from the proposed use. More specifically, a conditional use permit is intended to:

Applicability. This section applies to any land use requiring a conditional use permit as designated with a "C" on the allowed use tables (Table 17.30.030-1 and Table 17.136.020-1). Any development subject to approval of a conditional use permit must comply with all applicable requirements of this section.

Application requirements. An application for a conditional use permit shall be filed with the planning department in a manner prescribed by the planning director with the required fee as established by city council resolution.

Approving authority. The planning commission is the approving authority for conditional use permits, except that the approving authority for all industrial buildings with a gross floor area of 75,000 square feet or greater is the city council. The planning commission may approve, conditionally approve, or deny a conditional use permit application. In instances when an application for a conditional use permit is processed concurrently with other land use entitlements requiring action by the city council, the planning commission shall make a recommendation on the conditional use permit application to the city council.

Findings. The approving authority shall make the following findings before approving a conditional use permit application:

Conditions of approval. The approving authority may impose reasonable conditions of approval to enable it to make the above findings and to ensure that the use will meet all applicable performance criteria, regulations, and standards and is compatible with surrounding uses, and to preserve the public health, safety, and welfare.

Approval applies to land. Any conditional use permit approval shall run with the land and shall continue to be valid for the time period specified, whether or not there is a change of ownership of the site or structure to which it applies. Conditional use permit approval cannot be transferred to another site.

Purpose. The purpose of a master plan is to allow for the coordinated comprehensive planning of a subarea of the city in order to accomplish any of the following objectives:

Review process.

Master plan requirements.

Findings. A master plan shall not be adopted unless the following findings are made:

Purpose. The purpose of a specific plan is to provide a vehicle for implementing the city's general plan on an area-specific basis. The specific plan serves as a regulatory document, consistent with the general plan. In the event there is an inconsistency or conflict between an adopted specific plan and comparable provisions of this title, the specific plan shall prevail. This section describes the process for adopting and amending specific plans and approving subsequent development under a specific plan.

Requirements. All specific plans shall meet the following requirements:

Review process.

Findings. Specific Plans, and any amendment thereto, shall be approved only when the city council makes all of the following findings:

Purpose. The purpose of a Development Code/zoning map amendment is to allow modification to any provisions of this title (including adoption of new regulations or deletion of existing regulations), or to rezone or change the zoning designation on the zoning map for any parcel(s). This section is consistent with Government Code § 65853.

Review process.

Findings. Development code/zoning map amendments may be approved only when the city council finds that the Development Code/zoning map amendment is consistent with the general plan goals, policies, and implementation programs.

Purpose. The purpose of prezoning is to establish the designation of land uses for unincorporated property adjoining the city, within the sphere of influence, prior to annexation.

Review process. The method of accomplishing prezoning shall be the same as for zoning amendment as provided in section 17.22.040 (Development Code/zoning map amendment). Such zoning shall become effective at the time annexation becomes effective. Upon passage of an ordinance establishing the applicable pre-zone designation for property outside the city, the zoning map shall be revised to show the potential or "pre-zone" classification to become effective upon annexation, and shall identify each zone or zones applicable to such property with the label of "PRE ZONE" in addition to such other map designation as may be applicable.

Purpose. This section establishes procedures and requirements for the review and approval of development agreements in compliance with the provisions of Government Code §§ 65864 through 65869.5. The city council finds and declares the use of development agreements is beneficial to the public, in that:

Applicability. Only a person who has legal or equitable interest in the subject property which is the subject of the development agreement (or his or her authorized agent), may submit an application for a development agreement.

Review process. The designated approving authority for development agreements is the city council, which shall hold a public hearing prior to taking action. The planning commission shall hold a public hearing on the proposed development agreement and make a recommendation to the city council. The city council approves by ordinance or denies the development agreement in accordance with the requirements of this title.

Findings. A development agreement may only be granted when the city council makes all of the following findings specifying that the development agreement:

Amendment and cancellation of agreement. Any party to the agreement may propose an amendment to or cancellation in whole or part of the development agreement, the procedure for which is the same as the procedure for entering into the agreement initially. Notice of intention to amend or cancel any portion of the development agreement shall be given as provided in chapter 17.14 (General Application Processing Procedures).

Recordation. Within ten days after the city enters into the development agreement or any amendment thereof, the city clerk shall cause the agreement or amendment to be recorded with the county recorder. Additionally, the city clerk shall be the official custodian of the development agreement file. Said file shall include an executed copy of the agreement and the originals of all exhibits, reports of periodic review, amendments, and/or cancellations to the development agreement.

Periodic review. The planning director may, from time to time, review the development agreement and provide a written report to the city council. The burden of proof is on the applicant to provide necessary information verifying good faith compliance with the terms of the development agreement. The applicant shall also bear the cost of such review in accordance with the fee established by city council resolution. If the planning director finds that any aspect of the development project is not in good faith compliance with the terms of the development agreement, the planning director may schedule the matter before the appropriate approving authority for review for possible amendment or revocation.

Purpose. The purpose of a general plan amendment is to allow for modifications to the general plan text (e.g., goals, policies, or implementation programs) or to change the general plan land use designation on any parcel(s).

Review process. The designated approving authority for general plan amendments is the city council, which shall hold a public hearing prior to taking action. The planning commission shall hold a public hearing and provide a recommendation. The city council approves by resolution or denies the general plan amendment in accordance with the requirements of this title.

Frequency of amendment. Pursuant to Government Code § 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.

Initiation of amendment. A general plan amendment may be initiated by the planning commission or the city council, by application of property owner(s) of parcel(s) to be affected by the general plan amendment, or by recommendation of the planning director to clarify text, address changes mandated by state law, maintain internal general plan consistency, address boundary adjustments affecting land use designation(s), or for any other reason beneficial to the city.

Findings. The city council may approve a general plan amendment upon finding that the amendment is in the public interest and that the general plan as amended will remain internally consistent. In the event that a general plan amendment is requested by a private property owner, the applicant shall demonstrate to the city council that there is a substantial public benefit to be derived from such amendment and how the proposed amendment furthers the goals of the general plan.