The purpose of this chapter is to establish the general requirements of this title for the review and approval of proposed development and new land uses in the city. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

All uses and structures shall be established, maintained, constructed, reconstructed, altered, or replaced in compliance with the following requirements:

A.    Allowed Uses. The use of land shall be consistent with the allowed use regulations as listed in Division III, Zoning Districts, Allowed Uses, and Development Standards.

B.    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 otherwise exempt in this title.

C.    Development Standards. All uses and structures must comply with the development standards described in this title, including but not limited to Division III, Zoning Districts, Allowed Uses, and Development Standards, and Division IV, Site Development Provisions.

D.    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.

E.    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 public works. Legal nonconforming parcels may be used or developed in compliance with Chapter 17.08, Nonconformities.

F.    Development Agreements. All uses and structures shall comply with any applicable development agreement approved by the city.

G.    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. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    Designated Approving Authority. Consistent with Chapter 17.04, Administrative Responsibility, the city has identified the three planning agencies (zoning administrator, planning commission, and city council) to administer this title. Collectively, those agencies have the responsibility to review and decide all permits and entitlements required by the city. This section summarizes the permits and entitlements by the designated approving authority. Section 17.16.070, Approving authority, provides additional information regarding both recommending and final approving authority as well as rules for special circumstances (e.g., multiple entitlements). Chapters 17.18, Zoning Administrator Decisions, 17.20, Planning Commission Decisions, and 17.22, City Council Decisions, include additional details regarding individual permits and entitlements (e.g., purpose, required findings).

B.    Entitlements Decided by the Zoning Administrator. The permits and entitlements listed below require approval from the city’s designated zoning administrator.

1.    Plan check/zoning clearance.

2.    Business licenses.

3.    Sign permits, except where otherwise provided in Title 18.

4.    Official code interpretation.

5.    Similar use determination.

6.    Home occupation permit.

7.    Temporary use permit.

8.    Minor adjustment.

9.    Administrative use permit and time extensions.

10.    Minor design review and time extensions.

11.    Reasonable accommodation.

C.    Entitlements Decided by the Planning Commission. The permits and entitlements listed below require approval from the planning commission.

1.    Entertainment permit.

2.    Major design review.

3.    Conditional use permit.

4.    Variance.

5.    Planned development.

D.    Entitlements Decided by the City Council. The permits and entitlements listed below require approval from the city council. More details regarding approving authority are listed in Section 17.16.070, Approving authority.

1.    Development agreement.

2.    Specific plan.

3.    Zoning amendment.

4.    General plan amendment.

5.    Prezoning.

6.    Appeals of planning commission. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

The establishment, operation, construction, or development of uses, properties, and structures may be subject to additional permitting and licensing requirements imposed by other sections of this municipal code or applicable local, regional, state, or federal laws. All applicable permits, licenses, or other approvals including, without limitation, building, grading, or other construction permits shall be obtained prior to the start of work or operations. This specifically includes building, grading, tree removal or other construction permits. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

The purpose of this chapter is to establish standard procedures necessary for the clear and consistent processing of land use and planning permits and entitlements. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

Applications pertaining to this title shall be submitted in writing to the zoning administrator on a completed city application form designated for the particular request. Every application shall include the signatures of the applicant and property owner, agent authorization as appropriate, and any fee prescribed by city council resolution to cover the cost of investigation, processing and recommendation or determination. Applications shall be submitted together with all plans, maps, data, or special reports about the proposed project development, or land use entitlements requested, deemed necessary by the zoning administrator to provide the approving authority with adequate information on which to base decisions. The permit application checklist lists the minimum necessary submittal materials for that particular type of permit. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    Application Completeness. Within thirty calendar days of application submittal, the zoning administrator shall determine whether or not the application is complete. The zoning administrator shall notify the applicant of the determination that either:

1.    All the submittal requirements have been satisfied and the application has been accepted as complete.

2.    Specific information is still necessary to complete the application. The letter may also identify preliminary information regarding the areas in which the submitted plans are not in compliance with city standards and requirements.

B.    Application Completeness without Notification. If the written determination is not made within thirty days after receipt, and the application includes a statement that it is an application for a development permit, the application shall be deemed complete for purposes of this chapter.

C.    Resubmittal. Upon receipt and resubmittal of any incomplete application, a new thirty-day period shall begin during which the zoning administrator shall determine the completeness of the application. Application completeness shall be determined as specified in subsection A of this section, Application Completeness.

D.    Incomplete Application. If additional information or submittals are required and the application is not made complete within sixty days of the completeness determination letter, the application may be deemed by the city to have been withdrawn and no action will be taken on the application. Unexpended fees, as determined by the zoning administrator, 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 division.

E.    Right to Appeal. The applicant may appeal the determination in accordance with Section 17.16.080, Appeals, and the Permit Streamlining Act (California Government Code Section 65943). (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

After acceptance of a complete application, the project shall be reviewed in accordance with the environmental review procedures of the California Environmental Quality Act (CEQA). The zoning administrator will consult with other departments and committees as appropriate to ensure compliance with all provisions of the municipal code and other adopted policies and plans. The zoning administrator will prepare a report to the designated approving authority describing the project, and his or her recommendation to approve, conditionally approve, or deny the application. At the same time, the report shall be provided to the applicant prior to consideration of the entitlement request. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    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, design review, specific plans, zoning text/map amendments, prezoning, development agreements, and general plan amendments considered by the planning commission or city council.

B.    Notice of Hearing. Pursuant to California Government Code Sections 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.

1.    Notice of public hearing shall be published in at least one newspaper of general circulation in the city.

2.    Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners of property within a radius of three hundred feet of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners as shown upon the current tax assessor’s records. The radius may be increased as determined to be necessary and desirable by the zoning administrator based on the nature of the proposed project. If the number of owners exceeds one thousand, the city may, in lieu of mailed notice, provide notice by placing notice of at least one-eighth-page in one newspaper of general circulation within the city.

3.    Notice of the public hearing shall be mailed, postage prepaid, to the owner of the subject real property or the owner’s authorized agent and to each local agency expected to provide essential facilities or services to the proposed project.

4.    Notice of the public hearing shall be posted at City Hall.

5.    Notice of the public hearing shall be mailed to any person who has filed a written request for notice.

6.    Actions Affecting Permitted Uses. In case the proposed amendment affects the permitted uses of real property on one or more parcels, notice shall also be given as follows:

a.    Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to the owner of the subject real property or the owner’s duly authorized agent, and to the project applicant.

b.    Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to all owners of real property within three hundred feet of the real property that is the subject of the hearing.

c.    If the number of owners to whom notice must be provided in subsections (B)(2) and (B)(3) of this section exceeds one thousand, publication of the notice as per subsection (B)(2) of this section may be substituted for mailed or delivered notice.

d.    Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

7.    In addition to the notice required by this section, the city may give notice of the hearing in any other manner it deems necessary or desirable.

C.    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.

D.    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.

E.    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. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    Notice. For applications decided by the zoning administrator as listed in Table 17.16-A—Approving Authority for Land Use Entitlements, the notice of decision of a zoning administrator shall be provided, in writing, to the applicant, interested parties, and members of the city council. If no concerns are expressed, the application will be rendered without appeal. The notice shall include:

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

2.    A statement of the standards and facts relied upon in rendering the decision.

3.    Findings as listed for each entitlement or justification for the decision based on the criteria, standards, and facts set forth.

4.    An explanation of appeal rights and appeal deadlines. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    Designated Approving Authority. The approving authority as designated in Table 17.16-A, Approving Authority for Land Use Entitlements, shall approve, conditionally approve, or deny the proposed land use or development permit or entitlement in accordance with the requirements of this title. Table 17.16-A, Approving Authority for Land Use Entitlements, 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 17.16.080, Appeals.

B.    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.

C.    Referral to the Planning Commission. At any point in the application review process, the zoning administrator may transfer his or her 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 under this section to another decision-maker is not an appeal and requires no appeal application or fee.

(Ord. 2020-002 §§ 3, 4, 2020: Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    Appeal Authority. Any interested person may appeal any action of the zoning administrator or planning commission within ten days from the date of the action. Actions by the city council are final and no further administrative appeals are available.

B.    Call for Review. Any decision of the zoning administrator may be called up for review by a planning commissioner or city council member. Any decision of the planning commission may be called up for review by a city council member. If council members or planning commissioners request review, there is a presumption that the reason for the review is that the action has significant and material effects on the quality of life within the city. No inference of bias shall be made or implied due to such a request for review being filed.

C.    Filing an Appeal or Call for Review. 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. A call for review shall be filed with the zoning administrator and/or city clerk.

D.    Notice and Schedule of Appeal Hearings and Calls for Review. Unless otherwise agreed upon by the person filing the appeal and the applicant, appeal hearings and calls for review should be conducted within thirty days from the date of appeal submittal. Notice of hearing for the appeal shall be provided pursuant to noticing requirements of Section 17.16.050, Public hearing and public notice.

E.    Appeal Hearing and Action. Each appeal and call for review shall be considered a de novo (new) hearing. In taking its action on an appeal, the appeal or review authority shall state the basis for its action. The appeal or review authority may act to confirm, modify, or 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 or review authority is final on the date of decision and, unless expressly provided by this chapter, may not be further appealed. (Ord. 2020-002 § 5, 2020: Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

Generally, the action to approve, conditionally approve, or deny a permit or entitlement authorized by this title shall be effective ten calendar days after the date of action, immediately following expiration of the ten-day appeal period. Legislative actions by the city council (e.g., zoning amendment, general plan amendment, specific plans, and development agreements) become effective thirty days from the date of final action and may not be appealed. Permit(s) shall not be issued until the effective date of required permit. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

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

B.    Exercising Permits. The exercise of a permit occurs when the property owner has performed substantial work as determined by the zoning administrator and the building official and incurred substantial liabilities in good faith reliance on the building permit. 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 constitute 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.

C.    Permit Extensions. The approval of an extension extends the expiration date for up to two years from the original permit date.

1.    Process. The same approving authority that granted the original permit may extend the period within which the exercise of a permit must occur. Notice and/or public hearing shall be provided in the same manner as for the original permit. An application for extension shall be filed not less than thirty days prior to the expiration date of the permit, along with appropriate fees and application submittal materials.

2.    Conditions. The permit, as extended, may be conditioned to comply with any development standards that may have been enacted since the permit was initially approved.

3.    Permit Extension Findings. The extension may be granted only when the designated approving authority finds that the original permit findings can still be made and there are no changed circumstances or there has been diligent pursuit to exercise the permit that warrants such extension.

4.    Expiration. If the time limits are reached with no extension requested, or a requested extension is denied or expires, the permit expires.

D.    Permit Expiration for a Closed Business. All permits and entitlements shall expire when a business is closed for more than one calendar year. Approval of new permits and entitlements based on current requirements shall be required prior to any business activity on the site. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

Any person holding a permit granted under this title may request a modification or amendment 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 design, or the waiver or alteration of conditions imposed in the granting of the permit. Fees for such application shall be as set forth by resolution of the city council.

If the zoning administrator determines that a proposed project action is not in substantial conformance with the original approval, the zoning administrator shall notify the property owner of the requirement to submit a permit modification application for consideration and action by the same approving authority as the original permit. A permit modification may be granted only when the approving authority makes all findings required for the original approval. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

This section provides procedures for the revocation of previously approved land use entitlements or permits.

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

B.    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 a public hearing conducted pursuant to Section 17.16.050, Public hearing and public notice.

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

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

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

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

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

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

6.    The improvement or use allowed by the entitlement or permit has become detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a public nuisance. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

An application shall not be accepted or acted upon if within the past twelve months the city has denied an application for substantially the same project on substantially the same real property, unless the zoning administrator finds one or more of the following circumstances to exist:

A.    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.

B.    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.

C.    Mistake at Previous Hearing. A mistake was made at the previous hearing that was a material factor in the denial of the previous application. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

The purpose of this chapter is to establish procedures for land use permits and entitlements that are decided administratively by city staff or the zoning administrator. Each permit and entitlement type is described in this chapter in terms of purpose and applicability, approving authority, and unique processing provisions. Exemptions to permit requirements are listed throughout. General processing procedures are established in Chapter 17.16, General Application Processing Procedures. Table 17.16-A—Approving Authority for Land Use Entitlements provides a summary of the permits and entitlements decided by the zoning administrator and indicates whether the decision may be appealed. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    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 thorough but typically “over-the-counter” planning approvals for building permits, and other city applications that require approval from a different city department and can be processed by the planning department in a relatively short time period.

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

1.    All structures that require a building permit.

2.    All planning entitlement and permit approvals to ensure compliance with applicable conditions of approval.

3.    Other city applications that may be subject to the provisions of this title, including but not limited to encroachment and grading and improvement plans.

C.    Review Process. Processed along with related city action, such as building permit application.

D.    Findings. Plan check/zoning clearance shall be granted only when the zoning administrator finds the proposal to be in conformance with all applicable provisions of this title.

E.    Compliance Requirements. The zoning administrator may impose requirements in order to ensure compliance with this title and to prevent adverse or detrimental impact to the surrounding neighborhood. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    Purpose and Applicability. The zoning ordinance may require an official interpretation when it is not clear what provisions may apply. This includes when a specific use is not listed and it is unclear whether the use is permitted, permitted with a use permit, or not permitted.

B.    Review Process.

1.    An official code interpretation can be initiated by staff or the public using an application provided by the planning department.

2.    The zoning administrator shall prepare an official code interpretation.

3.    A notice of decision shall be provided according to the provision of Section 17.16.060, Notice of zoning administrator decisions.

4.    Official code interpretation may be referred to the planning commission by the zoning administrator or may be appealed.

C.    Findings. The zoning administrator shall make an official code interpretation allowing a use only after finding all of the following:

1.    The characteristics of and activities associated with the proposed interpretation will not involve a higher level of activity, environmental impact, or population density than intended for the zoning district.

2.    The interpretation is not otherwise inconsistent with the purposes of the applicable zoning district.

3.    Any proposed use will be consistent with the general plan, any applicable specific plan, and the zoning ordinance.

D.    Record of Interpretations. Interpretations shall be made in writing and shall contain the facts that support the interpretation. The planning department shall maintain all such interpretations on record for review by the general public upon request. The notice of decision shall be provided, in writing, to the applicant, interested parties, and property owners within three hundred feet. The notice shall include:

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

2.    A statement of the standards and facts relied upon in rendering the decision.

3.    An explanation of appeal rights and appeal deadlines. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    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 zoning administrator 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.

B.    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 permitted or conditionally permitted use.

C.    Approval Findings. The zoning administrator shall make a similar use determination after finding all of the following. If the zoning administrator does not make all of these findings, he/she shall not make the similar use determination.

1.    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.

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

3.    The proposed use will be consistent with the general plan, any applicable specific plan, and the zoning code.

D.    Determinations. Determinations shall be made in writing and shall contain the facts that support the determination. The planning 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:

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

2.    A statement of the standards and facts relied upon in rendering the decision.

3.    An explanation of appeal rights and appeal deadlines.

E.    Procedure. A notice of decision shall be provided according to Section 17.16.060, Notice of zoning administrator decisions. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

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

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

C.    Review Process.

1.    Applications for a home occupation shall be submitted on forms provided by the planning department along with the applicable fee established by city council resolution.

2.    Upon acceptance of a home occupation application, the zoning administrator or a designated representative shall review the request for compliance with development standards related to the proposed activities and render a decision within a five-day review period. The decision shall clearly state, in writing, any conditions of approval or reasons for denial.

3.    Immediately following the effective date of an approved home occupation, the applicant shall obtain a city business license.

4.    Relocation of a Home Occupation. If a home occupation relocates, a new permit and review shall be required for the new location.

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

1.    The proposed home occupation is consistent with the general plan, any applicable specific plan or planned community, and all applicable provisions of this title.

2.    The proposed home occupation is consistent with the development standards for home occupations shown in this section.

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

4.    All required county, regional, state, or federal permits have been obtained.

E.    Compliance Requirements. The zoning administrator 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. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    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 zoning district, 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.

B.    Applicability. A temporary use permit shall be required prior to the establishment of those uses specified in Chapter 17.64, Temporary Uses. Temporary use permits will be reviewed for compliance with development standards related to those activities provided in Chapter 17.64, Temporary Uses, and as set forth below.

C.    Review Process. An application for a temporary use permit shall be submitted on forms provided by the planning department along with the applicable fee established by city council.

D.    Findings. A temporary use permit shall be granted when the zoning administrator determines that the use complies with the following findings:

1.    The proposed temporary use is consistent with the general plan and any other applicable specific plan, and all applicable provisions of the city ordinance.

2.    The establishment and operation of the temporary use will not, under the particular circumstances of the use (location, size, duration, operational characteristics, design), be detrimental to the health, safety or general welfare of persons or businesses residing or working in the vicinity of the activity, or in the city as a whole.

E.    Compliance Requirements. The zoning administrator may impose requirements, conditions and/or require guarantees in order to ensure compliance with this title, and/or to prevent adverse or detrimental impact to the surrounding area. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

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

B.    Applicability. A minor adjustment may be granted to modify certain requirements of this code, as listed in Table 17.18-A—Standards Subject to Minor Adjustment. Adjustments do not apply to land use and are not intended to waive a specific prohibition or procedural requirement. Additionally, a minor adjustment may be granted for exemptions from development standards for the repurposing or reuse of industrial warehouse and other large footprint buildings for alternative uses not envisioned when the structure was originally built.

C.    Review Process. An application for a minor adjustment shall be filed with the planning department in a manner prescribed by the zoning administrator with the required fee, including any CEQA determinations, as established by city council resolution.

D.    Public Notice. The zoning administrator shall upon making a determination provide notice to adjacent property owners according to Section 17.16.060, Notice of zoning administrator decisions.

E.    Findings. The zoning administrator shall approve or approve with conditions an application for an exception after finding all of the following. If the zoning administrator does not make all of these findings, he/she shall deny the minor adjustment.

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

2.    The proposed development is compatible with existing and proposed land uses in the surrounding area.

3.    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). All minor adjustments shall be consistent with density bonus provisions outlined in Section 17.60.020, Density bonus and other incentives.

4.    Granting the minor 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.

5.    The minor adjustment is consistent with the general plan or any applicable specific plan or development agreement.

6.    The exception is the minimum required in that it allows the specified improvement or development to occur, but does not provide additional development rights.

F.    Conditions. In approving a minor adjustment, the zoning administrator 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. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    Purpose. An administrative use permit provides a process for zoning administrator 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 proposal for the specific site. 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.

B.    Applicability. This section applies to land use requiring an administrative use review as designated with an “A” on the allowed use tables.

C.    Review Process.

1.    The zoning administrator is the approving authority for administrative use permits. However, the zoning administrator may also refer an administrative use permit to the planning commission for review and approval.

2.    Notice of the determination shall be made in accordance with Section 17.16.060, Notice of zoning administrator decisions.

3.    Zoning administrator determination shall be based on standards and criteria set forth within this title and shall be accompanied by brief, written findings and a determination.

D.    Findings. The zoning administrator shall approve, or approve with conditions, an application for an administrative use review after making all of these findings. If the zoning administrator does not make all of these findings, he/she shall deny the administrative use permit.

1.    The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this zoning ordinance, municipal code, general plan, and any applicable specific plans or city regulations/standards.

2.    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.

3.    Granting 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.

E.    Conditions. In approving an administrative use permit, the zoning administrator 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. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    Purpose and Applicability. This section establishes a minor design review process for less significant projects as an alternative to the major design review process (Section 17.20.030), for the following projects:

1.    Selected Residential Development. Design review for the following residential development shall be conducted by the zoning administrator unless a conditional use permit or other approval is otherwise required by the planning commission:

a.    New single-family and two-family residences and additions of one hundred twenty-one square feet or more.

b.    Multiple-family residences with four or fewer units.

2.    Commercial Development. Minor design review, using the commercial design guidelines, shall be required for commercial development in all zoning districts.

3.    Industrial Development. Minor design review, using the industrial design guidelines, shall be required for industrial development in all zoning districts.

4.    Signs. Minor design review is required for non-exempt signs identified in Chapter 18.04, Regulatory Sign Ordinance. Signs that involve public policy issues may be referred to the planning commission.

5.    Walls and Fences. Minor design review is required for nonexempt walls and fences required by Chapter 17.45, Fences, Walls, Gates, and Screening, in a commercial, industrial, or multifamily development.

B.    Review Process and Approving Authority. The zoning administrator is the approving authority for minor design review. However, the zoning administrator may also refer a minor design review to the planning commission for review and approval.

1.    Notice of the determination shall be made in accordance with Section 17.16.060, Notice of zoning administrator decisions.

2.    Zoning administrator determination shall be based on standards and criteria set forth within this title and shall be accompanied by brief, written findings and a determination.

C.    Review Criteria. The zoning administrator shall ensure that the proposed development meets the following requirements:

1.    Design Guidelines. The proposal is consistent with applicable design guidelines.

2.    Community Plans. The proposal is consistent with any community design plan or specific plan.

3.    General Plan. The proposal is consistent with the land use, physical design, and economic development element and the open space element of the general plan.

4.    Location and Design. The location and design of proposed development gives particular consideration to privacy, views, and sunlight on adjoining properties and fosters the orderly and harmonious development and preservation of the public health and welfare of the city and its neighborhoods.

5.    Design and Colors. The architectural design of structures and their colors and materials are visually harmonious with surrounding development, landforms, and vegetation.

D.    Findings. The zoning administrator shall make the following findings before approving a minor design review application:

1.    The proposed project is consistent with the general plan.

2     The proposed use is in accord with the objective of the zoning ordinance and the purposes of the district in which the site is located.

3.    The proposed use is in compliance with each of the applicable provisions of the zoning ordinance, general plan, and/or applicable specific plan.

4.    The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

E.    Conditions. In approving a minor design review, the zoning administrator 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 title. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    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.

B.    Permit Application.

1.    Applicant. A request for reasonable accommodation may be made by any person with a disability, their representative, or a developer or provider of housing for individuals with a disability. A reasonable accommodation may be approved only for the benefit of one or more individuals with a disability.

2.    Application. An application for a reasonable accommodation from a zoning regulation, policy, or practice shall be made on a form specified by the zoning administrator. No fee shall be required for a request for reasonable accommodation, but if the project requires another discretionary permit, then the prescribed fee shall be paid for all other discretionary permits.

3.    Other Discretionary Permits. If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval, then the applicant may file the request for reasonable accommodation together with the application for the other discretionary permit or approval. The processing procedures of the discretionary permit shall govern the joint processing of both the reasonable accommodation and the discretionary permit.

4.    Required Submittals. In addition to materials required under other applicable provisions of this code, an application for reasonable accommodation shall include the following:

a.    Documentation that the applicant is:

i.    An individual with a disability.

ii.    Applying on behalf of one or more individuals with a disability.

iii.    A developer or provider of housing for one or more individuals with a disability.

b.    The specific exception or modification to the zoning code provision, policy, or practices requested by the applicant.

c.    Documentation that the specific exception or modification requested by the applicant is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence.

d.    Any other information that the zoning administrator reasonably concludes is necessary to determine whether a reasonable accommodation is necessary, so long as any request for information regarding the disability of the individuals benefited complies with fair housing law protections and the privacy rights of the individuals affected.

C.    Review Procedure. The zoning administrator is the designated approval authority for reasonable accommodation requests and shall approve a reasonable accommodation request if the compliance requirements below are addressed.

D.    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:

1.    The requested accommodation is requested by or on behalf of one or more individuals with a disability protected under the fair housing laws.

2.    The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling.

3.    The requested accommodation will not impose an undue financial or administrative burden on the city as “undue financial or administrative burden” is defined in fair housing laws and interpretive case law.

4.    The requested accommodation will not result in a fundamental alteration in the nature of the city’s zoning program, as “fundamental alteration” is defined in fair housing laws and interpretive case law.

5.    The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others.

E.    Conditions. The zoning administrator is authorized to approve or deny applications and to impose reasonable conditions upon such approval, as the administrator may deem necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare.

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

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

H.    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:

1.    Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability.

2.    Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation.

3.    In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants.

4.    In the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting.

I.    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:

1.    Whether the requested accommodation would fundamentally alter the character of the neighborhood.

2.    Whether the requested accommodation would result in a substantial increase in traffic or insufficient parking.

3.    Whether the requested accommodation would substantially undermine any express purpose of either the city’s general plan or an applicable specific plan.

4.    In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.

J.    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.

K.    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.

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

1.    A building permit has been issued and construction has commenced.

2.    A certificate of occupancy has been issued.

3.    Occupancy of dwelling has occurred.

4.    A time extension has been granted.

M.    Time Extension. The zoning administrator 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 zoning administrator no less than thirty 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.

N.    Violation of Terms. Any reasonable accommodation approved in accordance with the terms of this title 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.

O.    Discontinuance. A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for one hundred eighty consecutive days. If the persons initially occupying a residence vacate, the reasonable accommodation shall remain in effect only if the zoning administrator determines that: (1) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the zoning code, or (2) the accommodation is necessary to give another disabled individual an equal opportunity to enjoy the dwelling. The zoning administrator may request the applicant or his or her successor in interest to the property to provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within ten days of the date of a request by the city shall constitute grounds for discontinuance by the city of a previously approved reasonable accommodation.

P.    Revocation. Any revocation shall be noticed and heard pursuant to the procedures established in Section 17.16.120, Revocation.

Q.    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 zoning administrator may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or additions to the plan or the conditions of approval, and are consistent with the intent of the original approval. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

The purpose of this chapter is to establish procedures for land use permits and entitlements that are decided by the planning commission. Each permit and entitlement type is described in this chapter in terms of purpose and applicability, approving authority, and unique processing provisions. Exemptions to permit requirements are listed throughout. General processing procedures are established in Chapter 17.16, General Application Processing Procedures. Table 17.16-A—Approving Authority for Land Use Entitlements provides a summary of the permits and entitlements decided by the planning commission, along with the recommending and appeal authority. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    Purpose and Applicability. An entertainment permit is required where alcoholic beverages are sold or offered for sale and at least one of the following occurs on premises: performance of any kind (e.g., play, burlesque show, fashion show, revue, pantomime), the playing of any musical instrument, or dance performance or dancing by patrons.

B.    Exempt Activities. This section does not apply when the only entertainment is furnished by jukebox or similar type of prerecorded music and dancing is not permitted.

C.    Special Review Procedures. The planning commission is the approving authority for entertainment permits. The planning commission shall refer all applications for the permit required under this chapter to the police chief, fire chief, zoning administrator, and building official for investigation and recommendation concerning what effect, if any, the issuance of such permit will have on the public peace, health, safety, and general welfare of the city and its inhabitants. Public hearing and notice are required and the determination shall be based on the standards and criteria set forth in this section accompanied by brief, written findings and a determination.

D.    Hours of Operation.

1.    The entertainment permit may establish permissible hours of operation; provided, however, in no event may any person conduct, show, stage, perform or produce any entertainment or dancing, between the hours of two a.m. and six a.m., in any establishment required to be licensed under this chapter.

2.    No person shall use any establishment required to be licensed under this chapter for the purpose of conducting a private club between the hours of two a.m. and six a.m.

E.    Findings. The planning commission shall approve, or approve with conditions, an application for an entertainment permit after making all of findings below. If the planning commission does not make all of these findings, he/she shall deny the entertainment permit.

1.    The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this zoning ordinance, municipal code, general plan, and any applicable specific plans or city regulations/standards.

2.    Based on review by the zoning administrator, building inspector, police chief, and fire chief, the issuance of the permit will not have a significant negative impact on the public peace, health, safety, and general welfare of the city and its inhabitants.

F.    Revocation. The planning commission is authorized for any cause which it may deem sufficient to revoke at any time any license or permit issued under the provisions of this chapter. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    Purpose. The purpose of this section is to provide a uniform process for major design review as called for by the provisions of this title.

B.    Applicability. Major design review shall be required for new construction and additions as set forth below in this section. If project is subject to a conditional use permit this review is combined.

1.    Residential.

a.    Multiple-family with five or more residences in all zoning districts.

b.    Residential care facilities in all zoning districts.

2.    Commercial. Major design review, using the commercial design guidelines, shall be required for commercial development in all zoning districts, including any additions over fifteen feet in height or involving more than two hundred fifty square feet of ground area. If project is subject to a specific plan, may be subject to minor design review only.

3.    Industrial. Major design review, using the industrial design guidelines, shall be required for industrial development in all zoning districts, including any additions over fifteen feet in height or involving more than two hundred fifty square feet of ground area. If project is subject to a specific plan, it may be subject to minor design review only.

4.    Mixed Uses. Major design review, using the mixed-use design guidelines, shall be required for all development within the city’s mixed-use districts (Chapter 17.34, Commercial and Industry Districts, Allowed Uses, and Development Standards).

5.    Public and Quasi-Public. Major design review shall be required for all development in a public and semipublic zoning district (Chapter 17.36).

6.    Multiple Guidelines. If more than one type of design guideline, such as residential, commercial, industrial, and mixed use, is applicable to a given project, the zoning administrator shall determine which provisions apply, based on the use(s), zoning district, and context.

C.    Design Review Requirements. The planning commission shall ensure that the proposed development meets the following requirements of this section:

1.    Design Guidelines. The proposal is consistent with applicable design guidelines.

2.    Community Plans. The proposal is consistent with any community design plan or specific plan.

3.    General Plan. The proposal is consistent with the land use, physical design, and economic development element and the open space element of the general plan.

4.    Location and Design. The location and design of proposed development gives particular consideration to privacy, views, and sunlight on adjoining properties and fosters the orderly and harmonious development and preservation of the public health and welfare of the city and its neighborhoods.

5.    Design and Colors. The architectural design of structures and their colors and materials are visually harmonious with surrounding development, landforms, and vegetation.

D.    Findings. The review authority shall determine that the project under consideration adequately meets the requirements of this chapter and the applicable design guidelines.

E.    Expiration. A design review approval shall expire if building permits have not been issued within one year from the date of final approval. A time extension not exceeding one year beyond the initial one-year period may be granted by the zoning administrator. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    Purpose. This section provides a process for the review, imposition of conditions, approval, and termination of a conditional use permit.

B.    Findings. In order to grant any use permit, the findings of the planning commission shall be that the establishment, maintenance, or operation of the use of the building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.

C.    Conditions. The planning commission may impose such conditions in connection with the use permit as it deems necessary to secure the purposes of this title and may require that such conditions are being or will be complied with.

D.    Expiration. A use permit shall automatically expire if a building permit has not been issued within one year from the date of final approval. A time extension not exceeding one year beyond the initial one-year period may be granted by the zoning administrator. A public hearing is not required for the extension.

E.    Discontinuance of Use. If the use granted by any conditional use permit is discontinued for a period of six consecutive months, the permit automatically expires.

F.    Failure to Comply with Conditions. Failure to comply with any of the terms or conditions of a use permit is a violation of this title, subject to the enforcement provisions prescribed by Chapter 17.10, Enforcement, and any and all other penalties and remedies that may be provided by law.

G.    Grounds for Revocation. Any use permit granted in accordance with the terms of this chapter may be revoked if any of the conditions or terms of such permit are violated, the use is discontinued, or if any law or ordinance is violated in connection therewith.

H.    Hearings and Decision. The planning commission shall hold a hearing on any proposed revocation and make its decision using the process set forth in this chapter for approval of a conditional use permit. A decision of the planning commission can be appealed pursuant to Section 17.16.080, Appeals.

I.    Hours of Operation. Use permit is required for businesses operating between midnight and seven a.m. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    Purpose. The purpose of this section is to provide relief to applicants where practical difficulties, unnecessary hardships, and results inconsistent with the general purpose of this title may result from the strict application of certain provisions thereof.

B.    Findings. In order to grant any variance, after the conclusion of the public hearing, the planning commission shall make a finding of facts showing that the following conditions exist:

1.    There are exceptional or extraordinary circumstances or conditions applying to the land or building referred to in the application, including size, shape, topography, location or surroundings, which circumstances or conditions do not apply generally to land, buildings and/or uses in the same district.

2.    Because of these exceptional or extraordinary circumstances or conditions, the strict application of this title deprives the property of privileges enjoyed by other properties in the vicinity and within the same zoning district.

3.    The granting of the application is necessary for the preservation and enjoyment of substantial property rights of the petitioner.

4.    The granting of such application will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood.

C.    Conditions. The planning commission may impose such conditions in connection with the variance as it deems necessary to secure the purposes of this title and to ensure that the variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and within the same zoning district.

D.    Use Variance Not Permitted. A variance shall not be granted that authorizes a use that is not otherwise authorized by the provisions of this title.

E.    Expiration. A variance shall automatically expire if building permits have not been issued within one year from the date of final approval. A time extension not exceeding one year beyond the initial one-year period may be granted by the zoning administrator. A public hearing is not required for the extension. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

The purpose of this chapter is to establish procedures for land use permits and entitlements that are decided by the city council. Each permit and entitlement type is described in this chapter in terms of purpose and applicability, approving authority, and unique processing provisions. Exemptions to permit requirements are listed throughout. General processing procedures are established in Chapter 17.16, General Application Processing Procedures. Table 17.16-A—Approving Authority for Land Use Entitlements provides a summary of the permits and entitlements decided by the city council, along with the recommending authority. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    Purpose. The purpose of this section is to establish procedures and requirements for consideration of development agreements by the city, consistent with state law. Development agreements encourage and ensure private participation in the financing, construction, and acquisition of public facilities, and the participation in programs that are beneficial to the health, safety, and general welfare of the community. In return, development agreements provide assurances that, upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules, and standards, subject to the conditions of approval, thus vesting certain development rights in the property.

B.    Application. An applicant may propose that the city consider entering into a development agreement pursuant to the California Government Code, commencing with Section 65864, by filing an application with the planning department. The following materials shall accompany the application:

1.    Proposed Agreement. A proposed agreement, which shall contain the following:

a.    A legal description of the property sought to be covered by the agreement.

b.    A statement of concurrence in the application by the owner if the applicant is not the fee owner.

c.    A description of the proposed uses, height, and size of building(s), density or intensity of use, and provision for reservation or dedication of land for public purposes.

d.    A statement of terms and conditions relating to applicant financing of public facilities and required improvements.

e.    Provisions for reservation or dedication of land for public purposes, as applicable.

f.    All proposed conditions, terms, restrictions, and requirements for subsequent city discretionary actions.

g.    A provision that the applicant will comply with all mitigation measures already adopted or adopted in the future pursuant to CEQA that are related to the project or the property on which the project is located. A statement specifying which rights are intended to vest on the effective date of the agreement, and the timing and sequence of subsequent discretionary approvals and vesting of rights.

h.    The proposed time when construction would commence and be completed for the entire project and any proposed phases, including construction of any public facilities.

i.    The termination date for the agreement.

j.    A provision requiring the applicant to indemnify the city against claims arising out of the development process and to provide insurance in an amount and form acceptable to the city attorney to assure the applicant’s ability to satisfy its indemnification duty.

2.    Other Information. Such other information as the planning commission may require by policy or to satisfy other requirements of law.

3.    Fee. The required fee as required in Chapter 17.06, Fees.

C.    Staff Review. Unless the project is categorically exempt, the planning department shall, at the applicant’s expense and in accord with city procedures for implementations of CEQA, undertake environmental review of a complete application. Upon completion of such review, the development agreement shall be transmitted together with the division’s recommendations to the planning commission thirty days prior to the public hearing by the planning commission.

D.    Findings. After the public hearing is closed, the city council shall introduce and adopt an ordinance to approve, approve with conditions, modify, or disapprove the proposed development agreement. An agreement shall not be approved unless the city council makes the following findings:

1.    The development agreement is consistent with the general plan goals, policies, land uses, and implementation programs and any other adopted plans or policies applicable to the agreement.

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

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

4.    The development agreement is consistent with the provisions of California Government Code Sections 65864 through 65869.5.

5.    That the city council has considered the fiscal effect of the development agreement on the city and the effects on the housing needs of the region in which the city is situated, and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources.

E.    Authorization. Any approval of a proposed agreement shall authorize the mayor and the city manager to sign the agreement on behalf of the city, and shall become effective after thirty days following the second reading, unless a referendum is filed within that time.

F.    Annual Review. All development agreements shall be reviewed by the planning department at least once every twelve months, unless the agreement provides for more frequent review, in which case the agreement shall prevail. The purpose of the review shall be to inquire into the good faith compliance of the applicant with the terms and conditions of the agreement and for any other purpose specified in the agreement. The following components are required for annual review:

1.    Staff Report. Prior to each review, the planning department shall prepare a report relative to all development that has occurred under the agreement subsequent to the last past review and any other relevant matters.

2.    Compliance. If the planning department review determines that all terms and conditions of the agreement have been met, and the city manager concurs in writing, no further review shall be required.

3.    Recommendation for Modification or Termination. If the planning department report recommends modification or termination of the agreement, or if the city manager proposes to make such a recommendation to the city council, a public hearing shall be scheduled before the planning commission on the agreement if such modifications are major or involve land use changes. Notice of intention to modify or terminate the agreement shall be given in the same manner as set forth in Section 17.16.050, Public hearing and public notice. At a public hearing the applicant shall have the burden of demonstrating his or her good faith compliance with the terms and conditions of the agreement. After closing the public hearing, the planning commission shall determine whether to recommend that the agreement be terminated or modified.

4.    Decision on Modification or Termination. Upon receipt of the planning commission’s recommendation, the city council shall schedule a public hearing. Notice of intention to modify or terminate the agreement shall be given in the same manner as set forth in Section 17.16.050, Public hearing and public notice. If, after the public hearing is closed, the city council finds and determines on the basis of substantial evidence that the applicant or its successor in interest has not complied in good faith with the terms and conditions of the agreement, the city council may modify or terminate the agreement. Any modification or termination is subject to the provisions of Section 17.16.110, Modification.

G.    Application of Existing Rules, Standards, and Policies. Unless otherwise provided by the development agreement, rules, standards, and official policies applicable to development of the property subject to a development agreement shall be those rules, standards, and official policies in force at the time of execution of the agreement. A development agreement shall not prevent the city, in subsequent actions applicable to the property, from applying new rules, standards, and policies which do not conflict with those rules, standards, and policies applicable to the property as set forth herein, nor shall a development agreement prevent the city from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, standards, and policies. No rights shall be deemed to vest in the applicant, or any other person, under any development agreement, except as expressly set forth in the development agreement.

H.    Modification or Termination. All agreement provisions are subject to modification or suspension as set forth in the California Government Code, commencing with Section 65864. Any development agreement may be amended, or canceled in whole or in part, by mutual consent of the applicant (or its successor in interest) and the city, or it may be modified or terminated pursuant to the provisions of subsection F of this section. Notice of intention to take any such action shall be given in the manner provided by Section 17.16.050, Public hearing and public notice; provided, however, that the parties may set forth an alternative procedure in the agreement for processing insubstantial amendments. Any significant amendment shall be subject to the provisions of Government Code Section 65867.5. Any development agreement that is amended or modified shall be subject to those rules, standards, and official policies in force at the time of the execution of the agreement.

I.    Recording. No later than ten days after the city and applicant have executed the agreement, the city clerk shall record with the county recorder a copy of the agreement. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A     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.

B.    Applicability. The general plan identifies certain new development areas of the city which require a specific plan or master plan (planned development) to implement general plan policies. Specific plans are also encouraged if they will lead to more effective implementation of the general plan.

C.    Special Review Procedures. The designated approving authority for a specific plan is the city council, which shall hold a public hearing on the planning commission recommendation prior to taking action. The planning commission shall hold a public hearing and then shall provide a recommendation, which shall include the reasons for the recommendation and the relationship of the proposal to the general plan. The city council approves by ordinance or denies the specific plan in accordance with the requirements of this title.

D.    Specific Plan Amendment. An amendment to specific plan text and map may be initiated by the planning commission or the city council, or may be initiated by the original applicant for the specific plan district or a successor thereto, provided such applicant or successor has, at the time of application for an amendment, a continuing controlling interest in development or management of uses within the planned community zone.

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

1.    Statement of relationship of the specific plan to the general plan.

2.    Policies for development and standards for regulating development within the plan area.

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

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

5.    The location of and types of streets.

6.    Public facilities and infrastructure required to serve developments within the specific plan area.

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

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

9.    Any other programs, guidelines, or standards appropriate for the area covered by the specific plan.

F.    Environmental Review. The majority of specific plans will require the preparation of an environmental impact report (EIR) under CEQA and its guidelines. Once certified, the EIR for a specific plan may be relied upon for further entitlements sought subsequent to adoption of the specific plan. Unless otherwise exempt, an initial study shall be prepared for all subsequent applications to determine whether a supplement to the EIR must be prepared. In the event that a supplement to the EIR is determined not to be necessary, a negative declaration or mitigated negative declaration shall be prepared.

G.    Findings. The following findings shall be made prior to the approval of a specific plan:

1.    The proposed specific plan is consistent with the goals, policies, and objectives of the general plan, development agreement, or other implementation instrument.

2.    The proposed specific plan will not adversely affect surrounding properties.

3.    The proposed specific plan is consistent with the city of San Pablo design guidelines. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    Purpose. The purpose of this section is to provide a uniform procedure for amending the text of this title or the boundaries of the zoning map for the city of San Pablo. This title may be amended by changing the boundaries of districts or by changing any other provision thereof whenever the public necessity and convenience and the general welfare require such amendment by following the procedure set forth in this chapter.

B.    Special Review Procedures. The designated approving authority for a zoning amendment 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 ordinance or denies the zoning amendment in accordance with the requirements of this title.

C.    Initiation. An amendment may be initiated as prescribed in this section.

1.    Petition. An amendment may be initiated by the verified petition of one or more owners of the property affected by the proposed amendments, which shall be filed with the planning commission and shall be accompanied by a fee as prescribed in Chapter 17.06, Fees.

2.    City Council. An amendment may be initiated by resolution of intention of the city council.

3.    Planning Commission. An amendment may be initiated by resolution of intention by the planning commission.

4.    City Staff. City may initiate an amendment to the zoning ordinance for consideration by the planning commission and recommendation to city council for adoption.

D.    Findings. Zoning amendments may be approved only when the city council finds that the amendment is consistent with the general plan goals, policies, and implementation programs. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    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).

B.    Special Review Procedures. 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.

C.    Frequency of Amendment. Pursuant to Government Code Section 65358, no mandatory element of the general plan may be amended more frequently than four times during any calendar year. Subject to that limitation, an amendment may be made at any time and may include more than one change to the general plan.

D.    Initiation of Amendment. A general plan amendment may be initiated by the planning commission or the city council, by application of the property owner(s) of the parcel(s) to be affected by the general plan amendment, or by recommendation of the zoning administrator 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.

E.    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. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    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.

B.    Process. The method of accomplishing prezoning shall be the same as for a zoning amendment. Such zoning shall become effective at the time annexation becomes effective. Upon passage of an ordinance establishing the applicable pre-district designation for property outside the city, the zoning map shall be revised to show the potential or “pre-district” classification to become effective upon annexation. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)