1. Affordable Housing Incentives. An action authorizing a residential density bonus that includes an alternative or additional incentive in compliance with Chapter 17.140 (Affordable Housing Incentives).

2. Development Review—Minor. An administrative action providing for the review of and action on certain development applications identified in Chapter 17.106 (Development Review).

3. Director’s Action on Exceptions. An administrative action granting exception (modification or deletion) to certain specified development standards of these zoning regulations in cases where strict compliance would result in a hardship, as specified in and processed in compliance with Chapter 17.108 (Director’s Action).

4. Home Occupation Permits. An administrative permit authorizing the operation of a specified home-based occupation in a particular location in compliance with the provisions of these zoning regulations and in compliance with procedures specified in Article 4, Section 17.86.140 (Home Occupations).

5. Reasonable Accommodation. An administrative permit authorizing limited modifications to properties to accommodate a person with physical or mental impairments that substantially limit one or more major life activities in compliance with specific criteria and performance standards and in compliance with procedures specified in Chapter 17.112 (Reasonable Accommodation).

6. Temporary Use Permits. An administrative permit authorizing specific limited term uses in compliance with specified conditions and performance criteria specified in Article 4, Section 17.86.260 (Temporary and Intermittent Uses).

7. Zoning Regulations Interpretations. An administrative interpretation of certain provisions of these zoning regulations in an effort to resolve conflict or ambiguity in the regulations and to ensure their consistent application in compliance with Chapter 17.04 (Interpretation of the Zoning Regulations).

1. Development Review—Moderate. An administrative action providing for the review of and action on certain development applications identified in Chapter 17.106 (Development Review).

2. Director’s Hearing on Exceptions. An administrative action granting exception (modification or deletion) to certain specified development standards of these zoning regulations in cases where strict compliance would result in a hardship, as specified in and processed in compliance with Chapter 17.109 (Director’s Hearing), and other than those exceptions cited in Chapter 17.108 (Director’s Action).

3. Director’s Hearing on Various Permits. A quasi-judicial action authorizing the construction or alteration of specific development projects and as otherwise called for in these zoning regulations for projects subject to a director’s hearing. A public hearing is required in compliance with Chapter 17.122 (Public Notices and Hearings).

4. Minor Use Permits. A permit authorizing the operation of a specific use of land or a structure in a particular location in compliance with the provisions of these zoning regulations and in compliance with procedures specified in Chapter 17.110 (Minor Use Permits and Conditional Use Permits).

5. Revocation of Director’s Hearing Actions and Minor Use Permits. A judicial process providing for the review of potential violations of conditions of approval for an authorized use or structure, and for the revocation of such approval based upon findings set forth in Chapters 17.108 and 17.109.

6. Variances. An action granting exception to the development standards of these zoning regulations in cases where strict compliance would result in a unique hardship in compliance with Chapter 17.114 (Variances).

1. Adjustments to Standards in the Downtown-Commercial (C-D) Zone. A process for making adjustments, on a project-specific basis, to the development standards applicable to development in the C-D zone, as specified in Chapter 17.32 (Downtown-Commercial (C-D) Zone).

2. Building Setback Lines. A process for adoption of official building setback lines, as specified in Chapter 17.80 (Street Regulations).

3. Conditional Use Permits. A permit authorizing the operation of a specific use of land or a structure in a particular location in compliance with the provisions of these zoning regulations and the procedures specified in Chapter 17.110 (Minor Use Permits and Conditional Use Permits).

4. Development Review—Major. A process providing for the review of and action on certain development applications identified in Chapter 17.106 (Development Review).

5. PD Overlay Zone—Amendments to Final Development Plan. A process for reviewing proposed amendments to an adopted Planned Development Overlay (PD) Zone or final development plan as specified in Chapter 17.48 (Planned Development (PD) Overlay Zone).

6. Planning Commission Hearing on Various Exceptions and Special Development Projects. A quasi-judicial action authorizing an exception (modification or deletion) to certain specified development standards of these zoning regulations and for the construction or alteration of specific development projects and as otherwise called for in these zoning regulations. A public hearing is required in compliance with Chapter 17.122 (Public Notices and Hearings).

7. Revocation of Conditional Use Permits. A judicial process providing for the review of potential violations of conditions of approval for an authorized use or structure, and for the revocation of such approval based upon findings set forth in Chapter 17.110.

1. Development Agreements and Amendments. An agreement between the city and a party with legal or equitable interest in the real property relating to the development of property in compliance with Chapter 17.128 (Development Agreements).

2. General Plan Text/Map Amendments. An action authorizing either a text amendment to the general plan or a map amendment changing the general plan land use designation of particular property in compliance with Chapter 17.130 (General Plan Amendments).

3. Specific Plan and Amendments. A regulatory document prepared in compliance with Government Code Section 65450 et seq. for the systematic implementation of the general plan for a particular area as specified in Chapter 17.50 (Specific Plan Overlay Zone).

4. Zoning Regulations Text/Zoning Map Amendments. An action authorizing either a text amendment to these zoning regulations or a map amendment changing the zoning designation of particular property in compliance with Chapter 17.124 (Amendments—Zoning Regulations and Zoning Map).

1. Concurrent Filing. An applicant for a development project that requires the filing of more than one application (e.g., conditional use permit, tentative map, etc.) shall file all related applications concurrently, together with all required application fees, unless these requirements for concurrent filing are waived by the director.

2. Concurrent Processing. Multiple applications for the same project shall be processed concurrently and shall be reviewed and acted upon by the highest review authority designated by these zoning regulations for any of the applications. For example, a project for which applications for moderate development review project and a conditional use permit are filed shall have both applications decided by the planning commission, instead of the director being the final decision-making authority for the moderate development review project. (Ord. 1705 §§ 56—60, 2021; Ord. 1650 § 3 (Exh. B), 2018)

1. Any other municipal code provisions, including building, grading, or other construction permits; a business license in compliance with Title 5 (Licenses, Permits, and Regulations), if required, or subdivision approval if required by Title 16 (Subdivisions); or

2. Any applicable county, regional, state, or federal regulations.

1. Each permit or approval shall be evaluated on a case-by-case basis.

2. The granting of a prior permit or approval, or the denial of a permit, either on the subject property or any other property within the city does not create a precedent and is not justification for the granting or denial of a new permit under current review. (Ord. 1650 § 3 (Exh. B), 2018)

1. At the time of submitting an application for a discretionary land use approval, the applicant shall agree as part of the application to defend (with legal counsel of city’s selection), indemnify, and hold harmless the city and its agents, attorneys, employees, and officers from any action, claim, or proceeding brought against the city or its agents, employees, and officers to annul, attack, set aside, or void a discretionary land use approval of the city.

2. The required indemnification shall include damages awarded against the city, if any, costs of suit, attorney’s fees, and other costs and expenses incurred in connection with the action.

1. Criteria for Review. The director shall review each application for completeness and accuracy before it is accepted as being complete and officially filed. The director’s determination of completeness shall be based on the city’s list of required application contents and related additional written instructions provided to the applicant in any preapplication conference and/or during the initial application review period.

2. Notification of Applicant. As required by Government Code Section 65943, within thirty calendar days of application filing, the applicant shall be informed, in writing, either that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the director’s letter, shall be provided. This requirement shall not apply to any legislative actions.

3. Submittal of Additional Information.

4. Environmental Information. Upon review of an initial application or after an application has been accepted as complete, the director may require the applicant to submit additional information needed for the environmental review of the project in compliance with the California Environmental Quality Act (CEQA) and the CEQA guidelines.

1. Cultural Heritage Committee Review. Notwithstanding subsection C of this section and Section 17.106.030 (Levels of development review) certain projects may require review by the cultural heritage committee in accordance with Chapter 14.01 (Historic Preservation Ordinance).

1. Residential Enlargement or Modification. Residential enlargements or modifications larger than one thousand square feet or twenty-five percent of the existing gross floor area before the addition, whichever is less.

2. Nonresidential Enlargement or Modification. Nonresidential enlargement, modification, reconstruction, rehabilitation, or remodel resulting in an increase in gross floor area equal to or exceeding twenty-five percent of the existing gross floor area of the structure or more than two thousand five hundred square feet, whichever is less, before the construction.

3. Mixed-Use Development. Mixed-use development enlargement, modification, reconstruction, rehabilitation, or remodel resulting in increase in gross floor area equal to or exceeding twenty-five percent of the existing gross floor area of the structure or more than two thousand five hundred square feet, whichever is less, before the construction.

1. Accessory structures as defined in Section 17.70.010 (Accessory structures);

2. Accessory dwelling units, junior accessory dwelling units, and guest quarters as defined in Section 17.86.020 (Accessory dwelling units, and junior accessory dwelling units, and guest quarters);

3. Housing development projects which qualify under Chapter 17.69 (Objective Design Standards for Qualifying Residential Projects);

4. Single-unit dwellings as defined in Section 17.156.038 (S Definitions) and minor or significant additions or modifications to existing single-unit dwellings, except as identified in Section 17.106.030(B)(1);

5. Small residential development projects that consist of the construction, minor or significant additions, rehabilitation or remodel of less than five dwellings, where the gross floor area of each individual dwelling does not exceed one thousand two hundred square feet, except as identified in Section 17.106.030(B)(1);

6. Aesthetically insignificant projects which include modifications, additions, reconstruction, rehabilitation, or remodel of existing structures or other site features, that are not defined as a significant enlargement or modification, and have no potential for conflict with the objectives of development review as identified in Section 17.106.010 (Purpose and intent). (Ord. 1705 § 63, 2021; Ord. 1650 § 3 (Exh. B), 2018)

1. New single-unit residence and significant additions to an existing single-unit residence as described in Section 17.106.020 (enlargements and modifications), or small residential development projects where:

2. Projects that include a public or private rooftop deck, or upper-level balconies or open space on a third floor or above;

3. Multi-unit residential/mixed-use developments ten units or less, which are not defined to be a “small residential development project”;

4. Nonresidential/mixed-use development with less than two thousand five hundred gross square feet of new construction;

5. Minor or incidental building addition or remodel, which is not considered exempt under Section 17.106.020(C) and is not considered a significant enlargement or modification to a previously approved project, as described in Section 17.106.020 (enlargements and modifications).

1. Multi-unit residential/mixed-use developments between eleven and forty-nine units;

2. New single-unit developments between eleven and forty-nine units;

3. Nonresidential/mixed-use development with two thousand five hundred to ten thousand gross square feet of new construction;

4. Building addition or remodel, that is not considered minor or incidental or is considered a significant enlargement or modification to a previously approved project, as described in Section 17.106.020 (enlargements and modifications).

1. Multi-unit residential/mixed-use developments with fifty units or more;

2. New single-unit developments with fifty units or more;

3. Nonresidential/mixed-use development with more than ten thousand gross square feet of new construction;

4. Significant additions and new construction of principal buildings in the C-D zone;

5. Any development project for which an environmental impact report is required. (Ord. 1705 § 64, 2021; Ord. 1650 § 3 (Exh. B), 2018)

1. For moderate development review, the architectural review commission shall conduct a public hearing and forward its recommendations to the director. The director shall consider the recommendations but shall not be bound by them in taking final action on the application.

2. For major development review, the architectural review commission shall conduct a public hearing and make a recommendation to the planning commission by forwarding its recommendation through the director. The director shall have the authority to either:

1. Compliance with these zoning regulations and all other applicable city regulations and policies;

2. Efficient site layout and design;

3. Applicable environmental review;

4. Compatibility with neighboring properties and developments with regard to setbacks, building heights, massing, location of parking facilities, and similar site design and building design features that shape how a property appears within a broader, definable neighborhood or zone context;

5. Efficiency and safety of public access and parking and loading facilities;

6. The compatibility in scale and aesthetic treatment of proposed structures with public areas;

7. The adequacy of proposed driveways, landscaping, parking spaces, on-site and off-site parking, pedestrian improvements;

8. The placement and use of private open spaces;

9. The use of design techniques such as façade articulation, use of varied building finishes and materials, varied rooflines, and stepped-back stories to break up building massing;

10. Privacy considerations with regard to the placement and orientation of balconies and windows;

11. Appropriate open space and use of water-efficient landscaping both to enhance overall site design and to provide privacy screening;

12. Consistency with the general plan and any applicable specific plan; and

13. Consistency with any adopted design guidelines, policies, and standards applicable to the property.

1. A director’s action is initiated when the department receives a complete application package, including the required information and materials specified in the department handout and any additional information required to conduct a thorough review of the proposed project or request.

2. Upon receipt of a complete application, the director shall review the location, design, configuration, and the effect of the proposed project or action on adjacent properties, streets, and alleys by comparing the application materials to applicable standards in these zoning regulations and determining whether the findings required in Section 17.108.040 (Required Findings) can be made.

3. Within thirty days after the director’s action application has been deemed complete, the director shall either approve or deny the application and, if approved, may impose conditions deemed reasonable and necessary to protect the public health, safety, and general welfare and ensure compliance with this chapter and all applicable city regulations and policies.

1. Is consistent with the intent of these zoning regulations and applicable general plan policies;

2. Is consistent with or an improvement to the character of the neighborhood or zone;

3. Provides adequate consideration of and measures to address any potential adverse effects on surrounding properties such as, but not limited to, traffic, vehicular and pedestrian safety, noise, visual and scale, and lighting.

4. While site characteristics or existing improvements make strict adherence to the zoning regulations impractical or infeasible, or the project nonetheless conforms with the intent of these regulations.

1. A director’s hearing shall be scheduled when the department receives a complete application package, including the required information and materials specified in the department handout and related additional information required to conduct a thorough review of the proposed project or request.

2. Upon receipt of a complete application, the director shall review the location, design, configuration, and the effect of the proposed project or action on adjacent properties, streets, and alleys by comparing the application materials to applicable standards in these zoning regulations and determining whether the findings required in Section 17.109.040 (Required Findings) can be made.

1. Before acting on any director’s hearing application, the director shall hold a hearing at which information and arguments may be presented. Notice of the time, date, place, and purpose of the hearing shall be given in compliance with Chapter 17.122 (Public Notices and Hearings).

2. Decisions of the director shall be rendered in writing within ten days of the final hearing at which action is taken. The decision shall state the conditions of approval, if any, or the reasons for denial. The director’s decision shall be final unless appealed. (Ord. 1650 § 3 (Exh. B), 2018)

1. Are consistent with the intent of these zoning regulations and applicable general plan policies;

2. Are consistent with or an improvement to the character of the neighborhood or zone;

3. Provide adequate consideration of and measures to address any potential adverse effects on surrounding properties such as, but not limited to, traffic, vehicular and pedestrian safety, noise, visual and scale, and lighting.

1. Before acting on any minor use permit application, the director shall hold a hearing at which information and arguments may be presented. Notice of the time, date, place, and purpose of the hearing shall be given in compliance with Chapter 17.122 (Public Notices and Hearings).

2. Decisions of the director shall be rendered in writing within ten days of the final hearing at which action is taken. The decision shall state the conditions of approval, if any, or the reasons for denial. The director’s decision shall be final unless appealed.

3. At his or her discretion, the director may refer a minor use permit to the planning commission when he/she determines the application involves a major policy issue or public controversy that would be resolved more suitably by the planning commission. (Ord. 1650 § 3 (Exh. B), 2018)

1. Before acting on any use permit application, the planning commission shall hold a public hearing conducted according to its procedure. Notice of the time, date, place, and purpose of the hearing shall be given in compliance with Chapter 17.122 (Public Notices and Hearings).

2. Decisions of the planning commission shall be rendered in writing within ten days of the final hearing at which action is taken. The decision shall state the conditions of approval, if any, or the reasons for denial. The planning commission’s decision shall be final unless appealed.

3. When a conditional use permit is before the planning commission, the planning commission may act to impose additional or relax any property development standards capable of being so altered under relevant sections of these regulations. The intent of this provision is to enable the planning commission to deal with various aspects of project design in a comprehensive way, without postponement of action on a project for separate hearings. Conditional use permit findings and procedures shall apply as provided in relevant sections of these regulations. (Ord. 1650 § 3 (Exh. B), 2018)

1. Modification or limitation to activities, including times and types of operations;

2. Special yards or open spaces;

3. Fences, walls, or landscape screens;

4. Provision and arrangement of parking and vehicular and pedestrian circulation;

5. On-site or off-site street, sidewalk or utility improvements, and maintenance agreements;

6. Noise generation and attenuation;

7. Dedication of right-of-way or easements or access rights;

8. Arrangement of buildings and use areas on the site;

9. Special hazard reduction measures, such as slope planting;

10. Minimum site area;

11. Other conditions which may be found necessary to address unusual site conditions;

12. Establishment of an expiration date, after which the use must cease at that site;

13. Recycling and solid waste plans.

1. The proposed use is consistent with the general plan and any applicable specific plan;

2. The proposed use is allowed or conditionally allowed within the applicable zone and complies with all other applicable provisions of these zoning regulations and the municipal code;

3. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity;

4. The site is physically suitable in terms of:

5. The establishment and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use.

1. Fixed Period of Time. Unless otherwise stated in the permit, a provision for a fixed period of time.

2. Operating Hours and Days. Regulation of operating hours and days, including limitation of the duration of the temporary use.

3. Temporary Pedestrian and Vehicular Circulation. Provision for adequate temporary pedestrian and vehicular circulation, parking facilities (including vehicular ingress and egress), and public transportation, if applicable.

4. Regulation of Nuisance Factors. Regulation of nuisance factors including prevention of glare or direct illumination on adjacent parcels, dirt, dust, gases, heat, noise, odors, smoke, trash, and vibration.

5. Regulation of Temporary Structures. Regulation of temporary structures and facilities, including their number, placement, height and size, location of equipment and open spaces, including buffer areas and other yards.

6. Sanitary and Medical Facilities. Provision for sanitary and medical facilities, as appropriate.

7. Waste Collection, Recycling, and/or Disposal. Provision for solid, hazardous, and toxic waste collection, recycling, and/or disposal.

8. Police/Security and Safety Measures. Provision for police/security and safety measures, as appropriate.

9. Outdoor Lighting. Regulation of outdoor lighting.

10. Special Sales. If special sales are proposed, limitations on the location where sales may occur, the number of vendors, and the scope of goods to be sold.

11. Food Sales. If food sales are involved, obtainment of all appropriate health permits.

12. Performance Bond. Submission of a performance bond or other security measures satisfactory to the director to ensure that any temporary structures and facilities used will be removed from the site within a reasonable time following the activity and that the property will be restored to its former condition, or better, as determined by the director.

13. Other Conditions. Other conditions that would ensure the operation of the proposed temporary use in an orderly and efficient manner, and in full compliance with the purpose of this section. (Ord. 1650 § 3 (Exh. B), 2018)