(a)

Purpose. The following procedure shall be utilized to add or classify a use as permitted or permitted subject to a conditional use permit in an open space, urban reserve, commercial or industrial district of this chapter when the use is not specifically listed as permitted or permitted subject to a conditional use permit in a district. The following procedure shall also be utilized to clarify or interpret this chapter in any of the following cases, or for other purposes as may be specified in this chapter:

(1)

If ambiguity exists with reference to any of the property development standards of this chapter.

(2)

If uncertainty exists with reference to the boundary of a zoning district.

(3)

If ambiguity or uncertainty arises as to the meaning of any word or provisions contained in this chapter.

(b)

Initiation. A request to classify a use or for a clarification or interpretation of this chapter may be initiated in any of the following manners:

(1)

By the verified application of any interested person or persons.

(2)

By resolution of intention adopted by the commission.

(3)

By resolution of intention adopted by the council, which resolution shall be referred to the commission for action.

(a)

Planning commission consideration and decision.

(1)

The commission by written resolution may approve, modify or disapprove an application. The resolution shall describe the basis for the decision including, in the case of applications to classify a use, whether or not the findings set forth in subsection (b) of this section have been made.

(2)

The commission shall have 40 days after receipt of a completed application to render its decision on the application.

(3)

A decision to approve an application must be carried by a majority of the full membership of the commission.

(4)

A decision of the commission shall be final unless appealed to the council in accordance with the procedure specified in subsection 90-993(a), or unless the decision was to approve with modifications or disapprove an action initiated by resolution of intention of the council, in which case the decision of the commission shall be considered advisory and shall be transmitted to the council for final action in accordance with the procedure specified in subsection 90-993(a).

(5)

The commission shall cause a copy of its resolution to be mailed to the applicant and the council within ten days from the date of adoption thereof.

(6)

No building permit or business license shall be issued for a use that has been classified by the commission or where the issuance of the permit or license is dependent or based upon an interpretation made by the commission until ten days after the classification or interpretation has been made by the commission and then only if the decision of the commission has not been appealed to the council.

(b)

Findings. In classifying an unlisted use as permitted or permitted subject to a conditional use permit, the commission shall first make a finding that all of the following conditions exist:

(1)

That the subject use is compatible with the intent of the district in which the use is proposed.

(2)

That the use has the same basic operational characteristics as the uses permitted or conditionally permitted.

(3)

That the use can be expected to conform with the property development standards and performance standards prescribed for the district.

(4)

That the use will not be detrimental to the public health, safety or welfare.

(5)

That the use will not conflict with any goals, objectives, or policies of the city general plan.

(a)

Appeal to the city council.

(1)

In case the applicant is not satisfied with the action of the commission, he may within ten days after the date of mailing as shown by the postmark on the resolution mentioned in subsection 90-992(a)(5), or within ten days after the expiration of the 40-day period mentioned in subsection 90-992(a)(2), file in writing with the city clerk an appeal to the council. The appeal shall state specifically wherein it is claimed that there was an error or abuse of discretion by the evidence in the record.

(2)

In case any party other than the applicant is not satisfied with the action of the commission, he may within ten days after the date of adoption of the resolution of the commission or within ten days after the expiration of the 40-day period mentioned in subsection 90-992(a)(2) file in writing with the city clerk an appeal to the council. The appeal shall state specifically wherein it is claimed that there was an error or abuse of discretion by the commission or whereby its decision is not supported by the evidence in the record.

(3)

The council shall set a date on which the appeal will be considered. The date for consideration of the appeal shall not be more than 40 days from the date on which the appeal was filed.

(4)

Notice shall also be given to the commission of such appeal, and the commission shall submit a report to the council setting forth the reasons for its action or shall be represented at the meeting at which the appeal is considered.

(5)

The council may affirm, reverse or modify a decision of the commission; provided, however, that if a decision denying an application to classify a use is reversed or a decision approving an application to classify a use is modified, the council shall on the basis of the record transmitted and such additional evidence as may be submitted as prescribed in subsection 90-992(b).

(6)

The council shall render its decision by resolution within 40 days of filing of an appeal. Failure of the council to adopt a resolution within the aforementioned 40-day period shall be deemed to constitute a denial of the appeal.

(7)

The council shall cause a copy of its resolution to be mailed to the applicant within ten days from the adoption thereof.

(8)

A decision of the council shall be final and shall have immediate effect.

(b)

Effect of determination. Uses classified pursuant to this section shall be regarded as listed uses. The city clerk shall maintain an up-to-date list of all such classifications which have been made.

(a)

Purpose. The following procedure shall be utilized to amend the provisions of this chapter, including the official zoning map.

(b)

Initiation of amendments.

(1)

Amendments to the provisions of this chapter may be initiated in any of the following manners:

a.

By the verified application of any interested person or persons.

b.

By a resolution of intention adopted by the commission.

c.

By a resolution of intention adopted by the council, which resolution shall be referred to the commission for hearing.

(2)

Upon the filing with the director or adoption by the commission of any such application or resolution, the commission shall hold a public hearing thereon and such additional public hearings as the commission deems necessary.

(3)

The director shall set the time and place for such hearing, which shall be held not less than ten nor more than 40 days following the filing with the commission of such application or resolution.

(c)

Notices of hearings.

(1)

For the purposes of this section, any amendment to the provisions of this chapter which is for the purpose of changing particular property from one zoning district to another, or changing the boundary of any particular zoning district, shall be referred to as a "change of zoning district amendment," and all other amendments to the provisions of this chapter shall be referred to as a "general amendment."

(2)

Notice of the time and place of any public hearing on the matter of any general amendment shall be given by the director by at least one publication in a newspaper of general circulation, published and circulated in the city, not less than ten calendar days prior to such hearing and by such other means as the director may deem necessary or desirable. The notice shall contain a general explanation of the matter to be considered and a general description of the area or areas affected by the general amendment.

(3)

Notices of changes of zoning district amendments. Notice of the time and place of any public hearing on the matter of a change of zoning district amendment shall be given by the director by mailing in the United States mail a written notice thereof, not less than ten calendar days prior to such hearing, to all persons, including businesses, corporations or other public or private entities, whose names and addresses appear on the latest equalized assessment roll as owning real property within the territory covered by such proposed change and within 300 feet of the outer boundaries thereof. If the number of properties to be noticed under this requirement exceeds 300, the city, in lieu of a notice that is mailed or delivered, shall provide written notice to the property owner, and (i) provide a notice by placing a display notice of at least one-eighth page in at least one newspaper of general circulation at least ten calendar days prior to such a hearing and (ii) provide notice by posting a notice of the public hearing notice on the city's website. The notice shall contain a general explanation of the matter to be considered and a general description of the area affected by the change of zoning district amendment.

(Ord. No. 2022-09, § 2, 11-2-22)

(a)

The public hearings provided for in this section shall be held at the time and place for which such hearings were set and notices thereof given.

(b)

Any such hearing may be continued by the majority of the members present at any hearing, who may fix a time and place to which such hearing may be continued, even in the absence of a quorum, prior to the conclusion of the hearing, the time and place to which the hearing is to be continued and no further notice shall be required. In the absence of all of the members of the commission at the time and place for which such hearing was set, it shall be deemed continued to the next regular meeting of the commission, and no further notice shall be required.

(c)

A majority in number of the total voting membership of the commission shall constitute a legal quorum for the purposes of conducting such hearing.

(d)

The recommendation of the commission on any change of zoning district or general amendment shall be by a resolution of the commission, carried by the affirmative votes of not less than a majority of its total membership. A tie vote shall be considered a technical denial.

(e)

The commission shall have the authority to establish any reasonable rules of procedure for the conduct of such hearing. The commission may require any person who is to testify before it to be placed under oath, in which case the member presiding at such hearing shall be empowered to administer such oath.

(f)

The commission may cause such investigations to be made as it deems necessary and in the public interest in any matter to be heard by it. Such investigations may be made by a committee of one or more members of the commission, or by the members of its staff, or by its agents or employees. The facts established by such investigations shall be submitted to the commission, either in writing to be filed with the records of the matter, or in testimony before the commission, and may be considered by the commission in making its decision.

(g)

The commission shall cause a written summary of all pertinent testimony heard at such public hearing, together with a record of the names and addresses of all persons testifying, to be prepared and filed with the papers relating to such matter.

(a)

Commission hearings: Decisions.

(1)

Within 40 days after the conclusion of a public hearing to consider a change of zoning district or general amendment, the commission, by written resolution, shall make its recommendation to the council to approve, modify, disapprove, or disapprove without prejudice the amendment, including its reasons for the recommendations, and the relationship of the proposed amendment to applicable general and specific plans.

a.

For amendments initiated by application, failure of the commission to adopt a resolution within the aforementioned 40-day period shall be deemed to constitute a denial of the application.

b.

For amendments initiated by resolution of intention of the commission or council, failure of the commission to adopt a resolution within the aforementioned 40-day period shall be deemed to constitute a recommendation of approval of the proposed amendment.

(2)

Within ten days of adopting a resolution on a change of zoning district or general amendment, the commission shall cause a copy of its resolution to be mailed to the applicant and to be forwarded to the council; provided, however, in the case of change of zoning district amendments initiated by application, the recommendation of the Commission to deny an application shall constitute a final decision and shall not be forwarded to the council unless an appeal is filed in accordance with the procedure set forth in subsection (b) of this section.

(b)

Commission decision: Appeals.

(1)

When a change of zoning district amendment is initiated by an application, if the commission recommends against adoption of the amendment, its decision may be appealed to the council as follows:

a.

The applicant, or any of the applicants, within ten days after the date of mailing as shown by the postmark of the resolution mentioned in subsection (a)(2) of this section, or within ten days after the expiration of the 40-day period set forth in subsection (a)(1) of this section, may file in writing with the city clerk an appeal from the decision of the commission.

b.

Any interested person, other than the applicant, within ten days after the expiration of the 40-day period set forth in subsection (a)(1) of this section may file in writing with the city clerk an appeal from the decision of the commission.

(2)

If no appeal is filed within the time allowed by the provisions of this section, the denial by the commission in a matter initiated by an application shall be deemed final.

(3)

On the filing with the city clerk of an appeal, a public hearing shall be held thereon by the council, which hearing shall be set, and notice thereof given, and decided substantially in the same manner as set forth in subsection 90-994(c).

(4)

Notice shall also be given to the commission of such appeal, and the commission shall submit a report to the council setting forth the reasons for its action or shall be represented at the meeting at which the appeal is considered.

(a)

Council hearings.

(1)

Following the receipt of the recommendation of the commission on a change of zoning district or general amendment, the city clerk shall set a time and place for a hearing on the matter, which hearing shall be held not less than ten nor more than 40 days following such receipt; provided, however, in matters initiated by a resolution of the council upon which the recommendation or report of the commission has been unfavorable, the council may determine to take no further action.

(2)

Notice of the time and place of such hearing shall be given in the same manner as set forth in subsection 90-994(c).

(3)

Within 40 days after the conclusion of the public hearing thereon, the council, by ordinance, shall make its findings and decision whether or not to approve, modify, disapprove or disapprove without prejudice the recommendation of the commission on the amendment, provided that any modification of the amendment by the council not previously considered by the commission during its hearing shall first be referred to the commission for report and recommendation, but the commission shall not be required to hold a public hearing thereon. Failure of the commission to report within 40 days after the reference shall be deemed approval of the proposed modification. In matters initiated by an application, the failure of the council to make its decision within 40 days after the conclusion of its public hearing shall be deemed to constitute a denial.

(4)

The action of the council on such change of zoning district or general amendment shall be final.

(b)

New applications. Following the denial of a change of zoning district or general amendment application, no application for the same or substantially the same zone change or general amendment shall be filed within one year from the date of denial of the zone change or general amendment, unless the denial was without prejudice.

(c)

Mapping. Within ten days of approval of a change of zoning district amendment by the council, the director shall indicate the change on the official zone map.

(a)

Purpose. Certain uses are permitted, subject to the granting of a conditional use permit in all or certain districts. Because of their unusual characteristics, or the special attributes of the area in which they are to be located, conditional uses require special consideration so that they may be properly located with respect to the objectives of this chapter and their effect upon surrounding properties.

(b)

Application for conditional use permit. An application for a conditional use permit shall be filed with the director on a form prescribed by the commission which shall include the following information:

(1)

Name and address of the applicant.

(2)

Statement that the applicant is the owner of the property or is the authorized agent of the owner.

(3)

Address and legal description or the assessor's parcel number of the property.

(4)

The application shall include an accurate scale drawing of the site and improvements proposed. The drawing must be adequate to enable the commission to determine the compliance of the proposal with the requirements of this chapter.

(5)

Any other data pertinent to the findings prerequisite to the granting of a conditional use permit that may be required by the city or submitted by the applicant.

(c)

Planning commission public hearing.

(1)

A public hearing shall be held by the commission not less than ten nor more than 60 days after the filing of a complete application for a conditional use permit, notice of which shall be given in the manner prescribed in subsection 90-994(c)(3).

(2)

At the public hearing, the commission shall review the application and the statement and drawing submitted therewith and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the findings prescribed in section 90-999.

(3)

The public hearing shall be conducted in accordance with the rules and procedures specified in section 90-995.

(Ord. No. 824, § 1, 4-18-89; Ord. No. 950, § 23, 5-16-96)

The planning commission, before granting a conditional use permit, shall make all of the following findings:

(1)

That the site for the proposed use is adequate in size and shape to accommodate the use and all yards, spaces, walls and fences, parking, loading, landscaping and other features required by this chapter to adjust the use with land and uses in the neighborhood.

(2)

That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use.

(3)

That the proposed use will have no adverse effect upon adjoining or other properties. In making this determination, the commission shall consider the proposed location of improvements on the site; vehicular ingress, egress and internal circulation; setbacks; height of buildings; walls and fences; landscaping; outdoor lighting; signs; and such other characteristics as will affect surrounding properties.

(4)

That the proposed use is consistent with the objectives and policies of the city general plan.

(5)

That the conditions of approval are necessary to protect the public health, safety and general welfare. Conditions may include the following:

a.

Requiring special yards, spaces and buffers.

b.

Requiring fences and walls.

c.

Requiring enclosure of storage areas and limitation on out of door display of merchandise.

d.

Regulation of grading, surfacing, and drainage improvements.

e.

Regulation of points of vehicular ingress and egress.

f.

Regulation of signs.

g.

Requiring landscaping and maintenance thereof.

h.

Requiring maintenance of grounds.

i.

Requiring fire prevention equipment and measures.

j.

Regulation of noise, vibration, odors, etc.

k.

Regulation of time, hours of days of operation, for certain activities.

l.

Establishing a time period within which the proposed use shall be developed. See subsection 90-1001(a).

m.

Regulation of the time period for which the use permit will be valid and the use may be operated. See subsection 90-1001(b).

n.

Regulation of lighting.

o.

Requiring a bond or deposit of money to assure faithful compliance and performance on the part of the applicant for the completion of street improvements and other facilities or the removal of such facilities.

p.

Requiring street dedications and improvements, subject to the provisions of subsection 90-1011(c).

q.

Requiring site plan review for a use, building or structure.

r.

Such other conditions as will facilitate development of the city in an orderly and efficient manner and in conformity with the policies and requirements set forth in this chapter and in the city general plan.

(Ord. No. 824, § 1, 4-18-89)

(a)

Planning commission action.

(1)

The commission, by written resolution, may approve, approve with stated conditions, disapprove, or disapprove without prejudice a conditional use permit application. The resolution shall describe the basis for the decision, including whether or not the findings set forth in section 90-999, have been made.

(2)

The commission shall have 40 days after the conclusion of a public hearing to render its decision on a conditional use permit application. Failure of the commission to adopt a resolution within the aforementioned 40-day period shall be deemed a denial of the application.

(3)

The decision of the commission shall be final unless it is appealed to the council in accordance with the procedure specified in subsection (b) of this section.

(4)

The commission shall cause a copy of its resolution to be mailed to the applicant within ten days from the date of adoption thereof.

(5)

No building permit or business license shall be issued where a conditional use permit has been approved or conditionally approved by the commission until ten days after such permit has been granted, and then only in accordance with the terms and conditions of the approval and if no appeal has been filed pursuant to the procedures specified in subsection (b) of this section.

(b)

Appeal to the city council.

(1)

The applicant may, within ten days after the date of mailing, as shown by the postmark of the resolution mentioned in subsection (a)(4) of this section, or within ten days after the expiration of the 40-day period mentioned in subsection (a)(2) of this section, file in writing with the city clerk an appeal to the council. The appeal shall state specifically wherein it is claimed that there was an error or abuse of discretion by the commission or whereby its decision is not supported by the evidence in the record.

(2)

Any party other than the applicant may, within ten days after the date of adoption of the resolution, or within ten days after the expiration of the 40-day period mentioned in subsection (a)(2) of this section, file in writing with the city clerk an appeal to the council. The appeal shall state specifically wherein it is claimed that there was an error or abuse of discretion by the commission or whereby its decision is not supported by the evidence in the record.

(3)

Notice of the public hearing on the appeal shall be given and posted as set forth in subsection 90-994(c)(3). The public hearing shall be held not less than ten nor more than 50 days from the date on which the first notice of appeal was filed.

(4)

Notice shall also be given to the commission of such appeal, and the commission may submit a report to the council setting forth the reason for its action or may be represented at the hearing.

(5)

The council may affirm, reverse, or modify a decision of the commission; provided, however, that if a decision denying a conditional use permit is reversed or a decision granting a use permit is modified, the council shall, on the basis of the record transmitted and such additional evidence as may be submitted, make the findings prerequisite to the granting of a conditional use permit as prescribed in section 90-999.

(6)

The council shall render its decision by resolution within 40 days after the conclusion of the public hearing held on the appeal. Failure of the council to adopt a resolution within the aforementioned 40-day period shall be deemed a denial of the appeal.

(7)

The council shall cause a copy of its resolution to be mailed to the applicant within ten days from the adoption thereof.

(8)

The decision of the council shall be final and shall have immediate effect.

(Ord. No. 824, § 1, 4-18-89; Ord. No. 950, § 24, 5-16-96)

(a)

Time limit for development.

(1)

A conditional use permit shall lapse and become void one year following the date on which the conditional use permit became effective unless, by conditions of the conditional use permit, a lesser or greater time is prescribed or unless, prior to the expiration, either the use is being diligently pursued in accordance with the conditional use permit, or a building permit is issued by the building official and construction is commenced and is being diligently pursued in accordance with the conditional use permit.

(2)

A conditional use permit may be renewed for an additional period of one year or for a lesser or greater period as may be specified, provided that an application for renewal is filed with the commission prior to the expiration of the time period granted. The commission may grant or deny an application for renewal.

(3)

A conditional use permit shall lapse and become void if there is a discontinuance in its use for a continuous period of one year after the exercise of rights granted under the permit.

(b)

Use permit to run with the land. A conditional use permit granted pursuant to the provisions of this section shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the use permit application unless a specific time period during which the use permit will be valid was included in the approval.

(c)

Mapping. Within ten days of the approval or conditional approval of a conditional use permit, the director shall indicate on the official zone map the lot or lots affected by said permit. The indication shall show the number of the resolution adopting the permit.

(d)

New application. Following the denial of a conditional use permit application or the revocation of a conditional use permit, no application for a conditional use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within one year from the date of denial or revocation of the conditional use permit, unless the denial was without prejudice.

(e)

Revocation or modification of conditional use permit. A conditional use permit may be revoked or modified in the manner and under the conditions set forth in section 90-1006.

(Ord. No. 824, § 1, 4-18-89)

(a)

Purpose. Where practical difficulties, unnecessary hardships and results inconsistent with the general purposes of this chapter may result from the strict application of certain provisions thereof, variances may be granted as provided in this section. The granting of any variance and the conditions attached to such grant shall assure that such variance does not constitute a special privilege inconsistent with the limitations on other properties in the vicinity and district in which the property is situated. Variances shall apply to regulations regarding structures and any physical conditions on the site, but shall not apply to types of uses where the conditional use permit or zoning ordinance amendment procedures are appropriate.

(b)

Application for variance. An application for a variance shall be filed with the director on a form prescribed by the commission which shall include the following information:

(1)

Name and address of the applicant.

(2)

Statement that the applicant is the owner of the property or is the authorized agent of the owner.

(3)

Address and legal description or the assessor's parcel number of the property.

(4)

The application shall include an accurate scale drawing of the site and variance proposed. The drawing must be adequate to enable the planning commission to determine the compliance of the proposal with the requirements of this chapter.

(5)

Evidence in the form of a statement showing the bases upon which the findings set forth in section 90-1003 for granting a variance can be made.

(6)

Any other data pertinent to the application that may be required by the city or submitted by the applicant.

(c)

Planning commission public hearing.

(1)

A public hearing shall be held by the commission not less than ten days nor more than 60 days after the filing of a complete application for a variance, notice of which shall be given in the manner prescribed in subsection 90-994(c)(3).

(2)

At the public hearing, the planning commission shall review the application and the statement and drawing submitted therewith and shall receive pertinent evidence concerning the proposed variance, particularly with respect to the findings prescribed in section 90-1003.

(3)

The public hearing shall be conducted in accordance with the rules and procedures specified in section 90-995.

(Ord. No. 950, § 25, 5-16-96)

The commission, before granting a variance, shall make all of the following findings:

(1)

That because of special circumstances applicable to the subject property, including the size, shape, topography, location or surroundings, but not including monetary hardship, the strict application of the provisions of this chapter deprives the subject property of privileges enjoyed by a substantial number of other properties in the vicinity and under identical zoning district classification.

(2)

That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity or district in which the property is located.

(3)

That the granting of the variance will not adversely affect the city general plan, any adopted specific plan, or the purposes of this chapter.

(4)

That the granting of the variance will not constitute a grant of special privilege to the property owner.

(5)

That any conditions established by the commission for the variance are deemed necessary to protect the public health, safety, and general welfare. Conditions may include the following:

a.

Requiring special yards, spaces, and buffers.

b.

Requiring fences and walls.

c.

Requiring enclosure of storage areas and limitation on out of door display of merchandise.

d.

Requiring grading, surfacing, and drainage improvements.

e.

Regulation of points of vehicular ingress and egress.

f.

Regulation of signs.

g.

Requiring landscaping and maintenance thereof.

h.

Requiring maintenance of grounds.

i.

Requiring fire prevention equipment and measures.

j.

Regulation of noise, vibration, odors, etc.

k.

Regulation of lighting.

l.

Requiring a bond or deposit of money to assure faithful compliance and performance on the part of the applicant for the completion of street improvements and other facilities or the removal of such facilities.

m.

Requiring street dedications and improvements, subject to the provisions of subsection 90-1011(c).

n.

Regulation of the time period for which the variance shall be valid.

o.

Requiring site plan review for a use, building or structure, and such other conditions as will make possible the development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this section.

(a)

Planning commission decision.

(1)

The commission, by written resolution, may approve, approve with stated conditions, disapprove, or disapprove without prejudice a variance application. The resolution shall describe the basis for the decision, including whether or not the findings set forth in section 90-1013 have been made, the basis for the findings, and shall state the specific circumstances requiring the conditions of approval.

(2)

The commission shall have 40 days after the conclusion of a public hearing to render its decision on the variance application. Failure of the commission to adopt a resolution within the aforementioned 40-day period shall be deemed to constitute denial of the application.

(3)

The decision of the commission shall be final unless appealed to the council in accordance with the procedure specified in subsection (b) of this section.

(4)

The commission shall cause a copy of its resolution to be mailed to the applicant within ten days from the date of adoption thereof.

(5)

No building permit shall be issued where a variance has been approved or conditionally approved by the commission until ten days after the variance has been granted by the commission, and then only in accordance with the terms and conditions of the variance granted and only if the approval or conditional approval of the variance by the commission has not been appealed to the council pursuant to the procedure specified in subsection (b) of this section.

(b)

Appeal to the city council.

(1)

In case the applicant is not satisfied with the action of the commission, he may within ten days after the date of mailing, as shown by the postmark of the resolution mentioned in subsection (a)(4) of this section or within ten days after the expiration of the 40-day period mentioned in subsection (a)(2) of this section file in writing with the city clerk an appeal to the council. The appeal shall state specifically wherein it is claimed that there was an error or abuse of discretion by the commission or whereby its decision is not supported by the evidence in the record.

(2)

In case any party other than the applicant is not satisfied with the action of the commission, he may within ten days after the date of adoption of the resolution of the commission, or within ten days after the expiration of the 40-day period mentioned in subsection (a)(2) of this section, file in writing with the city clerk an appeal to the council. The appeal shall state specifically wherein it is claimed that there was an error or abuse of discretion by the commission or whereby its decision is not supported by the evidence in the record.

(3)

The council shall set a date for a public hearing on the appeal and shall post notices as set forth in subsection 90-994(c)(3). The date for the public hearing shall not be less than ten days nor more than 40 days from the date on which the appeal was filed.

(4)

Notice shall also be given to the commission of such appeal, and the commission shall submit a report to the council setting forth the reason for its action or shall be represented at the hearing.

(5)

The council may affirm, reverse, or modify a decision of the commission; provided, however, that if a decision denying a variance is reversed or a decision granting a variance is modified, the council shall, on the basis of the record transmitted and such additional evidence as may be submitted, make the findings prerequisite to the granting of a variance as prescribed in section 90-1003.

(6)

The council shall render its decision by resolution within 40 days after the conclusion of the public hearing held on the appeal. Failure of the council to adopt a resolution within the aforementioned 40-day period shall be deemed to constitute a denial of the appeal.

(7)

The council shall cause a copy of its resolution to be mailed to the applicant within ten days from the adoption thereof.

(8)

The decision of the council shall be final and shall have immediate effect.

(Ord. No. 950, § 26, 5-16-96)

(a)

Time limit for development. A variance shall lapse and become void one year following the date on which the variance became effective, unless by conditions of the variance a lesser or greater time is prescribed or unless, prior to the expiration, a building permit is issued by the building official and construction is commenced and being diligently pursued in accordance with the variance. A variance may be renewed for an additional period of one year or for a lesser or greater period as may be specified, provided that an application for renewal is filed with the commission prior to the expiration of the time period granted. The commission may grant or deny an application for renewal.

(b)

Variance to run with the land. A variance granted pursuant to the provisions of this section shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the variance application unless a specific time period in which the variance will be valid has been set in accordance with subsection 90-1003(5)n.

(c)

Mapping. Within ten days of the approval or conditional approval of a variance, the director shall indicate on the official zone map, the lot or lots affected by the variance. The indication shall show the number of the resolution adopting the variance.

(d)

New application. Following the denial of a variance application or the revocation of a variance, no application for the same or substantially the same variance on the same or substantially the same site shall be filed within one year from the date of denial or revocation of the variance, unless the denial or revocation was without prejudice.

(e)

Revocation or modification of a variance. A variance may be revoked or modified in the manner and under the conditions set forth in section 90-1006.

(a)

Authorization. The commission may revoke or modify any conditional use permit or any variance on any one or more of the grounds set forth in this section after a hearing is held and conducted as set forth in this section.

(b)

Revocation: Grounds. The grounds for the revocation of a conditional use permit or variance shall be any of the following:

(1)

That approval was obtained by means of fraud or the misrepresentation of a material fact.

(2)

That the use in question has ceased to exist, as provided in subsection 90-1001(a)(2) or 90-1005(a).

(3)

That there is or has been a violation of or failure to observe the terms or conditions of the permit or variance or that the use has been conducted in violation of the provisions of this chapter or any other law or regulation.

(4)

That the use to which the permit or variance applies has been conducted in a manner detrimental to the public safety, health, and welfare or so as to be a nuisance.

(c)

Modification: Grounds. The grounds for the modification of a conditional use permit or variance shall be any of the following:

(1)

That the grounds which would otherwise justify a revocation of the permit or variance can be corrected or cured by a modification imposing new or additional conditions.

(2)

That improvements in methods or technological advances permit the conduct of the use with adequate safeguards under the proposed modification.

(3)

That one or more of the original conditions of the permit or variance is unworkable, impractical, or otherwise fails to accomplish the original aims.

(d)

Procedures for revoking or modifying conditional use permits and variances. Proceedings for the revocation or modification of a conditional use permit or variance may be initiated and shall be set for hearing, notices, heard, and determined in substantially the same manner as provided for amendments to the provisions of this chapter set forth in subsection 90-994(b), subsection 90-994(c)(3), section 90-995 and subsection 90-996(a), with the exception that the decision of the commission shall be final unless appealed to the council in accordance with the procedure set forth in subsection 90-996(b). All references in such sections to amendments shall be deemed to refer to the proposed revocation or modification.

(e)

Appeal to the city council.

(1)

All decisions of the commission in proceedings for the revocation or modification of a conditional use permit or variance may be appealed and reviewed in substantially the same manner as provided for appeals from decisions of the commission set forth in subsections 90-996(b) and 90-997(a). All references in such sections to amendments shall be deemed to refer to the proposed revocation or modification.

(2)

Upon the expiration of the time within which an appeal may be so filed, and there being no appeal filed within such time, the decision of the commission shall be deemed final; provided, however, if an appeal is filed within such time, the decision of the commission shall be stayed pending the determination of the appeal or its withdrawal by the appellant. The action of the council on such appeal shall be final.

(a)

Purpose. The purpose of this section is to allow the commission to review and make recommendations on the routes of the proposed electric transmission lines. The provisions of this chapter shall not be construed as to limit or interfere with the construction, installation, operation, and maintenance of any use coming under the jurisdiction of the public utilities commission, which uses are related to the public utility purposes of water and gas pipes, mains and conduits, telegraph and telephone lines, pole mounted repeaters, telephone booths, except in residential districts, sewers and sewer mains, electric light and power distribution and transmission lines except as provided in subsection (b) of this section.

(b)

Planning commission review of utility towers. The routes of proposed electric transmission lines shall be submitted to the commission for review and recommendation. The commission shall confine its review to the route placement and height of such towers and the effect on land use.

(1)

Power transmission lines shall be those lines which are intended to transmit electrical energy from:

a.

The source of such energy to a receiving substation.

b.

A receiving substation to a distribution substation.

(2)

Prior to the acquisition of right-of-way, the following plans and information shall be submitted to the commission for its review and recommendation:

a.

Location of the proposed route.

b.

Type of towers and transmission lines.

c.

Approximate height of towers.

d.

Width of right-of-way.

e.

Other pertinent data.

(3)

The commission may, when in the public interest, recommend such modifications as it deems necessary to protect the public health, safety, and welfare.

(4)

The commission shall complete its review and make its findings within 40 days after the filing of the plans and data.

(c)

Appeal to the city council. The recommendations of the commission may be appealed to the council within ten days of the completion of the review and findings. Appeals shall be placed on the agenda of the council's next regular meeting. The council shall review the findings and recommendations of the commission and shall make its decision within 15 days of its review. The decision of the council shall be final.

(a)

Purpose and procedure.

(1)

The following provisions and procedure shall apply to the approval of minor deviations from the provisions of this chapter.

(2)

A minor deviation may be granted by the director upon written request, subject to such conditions as it may impose without any notice or appeal if it finds that to do so would not be detrimental to the public welfare or injurious to property and improvements in the area in which the property is located.

(3)

A minor deviation is:

a.

Reduction of lot area, lot dimensions, space between buildings, yard space, or population density requirements by not more than ten percent.

b.

Increase of lot coverage or height limitations by not more than ten percent.

c.

Permission to repair or remodel a nonconforming structure if the work will bring the structure and the subsequent use into greater conformity with the property development standards of the zoning district in which the structure is located.

(b)

Records. The director shall keep a written record of all minor deviations granted pursuant to the provisions of this section.

(a)

Purpose. The purposes of the site plan review process are to ensure that proposed developments conform with the requirements of this chapter and to guide the development services department in the issuance of building permits.

(b)

Application for site plan review.

(1)

A site plan shall be required for all buildings or development projects containing two or more dwelling units, and all office, commercial, and industrial developments regardless of size.

(2)

[Reserved.]

(c)

Information. Application shall be made in the number of copies designated by the director, shall be filed in the office of the development services department, and shall include the information herein designated. Applications shall be accompanied by a legal description of the property, plot plans drawn to a standard engineering scale, floor plans and building elevations drawn to a standard scale, drawings, photographs, and other pertinent information as follows:

(1)

The lot dimensions.

(2)

The location, elevation, size, height, and proposed use of all buildings and structures on the property.

(3)

The yards and spaces between buildings.

(4)

Walls and fences and their locations, height, and materials.

(5)

Off-street parking, including the location, number of spaces, dimensions of the parking area, and internal circulation pattern.

(6)

Access, pedestrian, vehicular and service, and points of ingress and egress and internal circulation patterns.

(7)

Signs and their location, size and height.

(8)

Loading, including the location, dimensions, number of spaces and internal circulation.

(9)

Lighting, including the location, general nature, and hooding devices.

(10)

Street dedications and improvements.

(11)

Drainage improvements.

(12)

Landscaping, including the location and type.

(13)

Fire prevention equipment measures, including the location and type.

(14)

Such other data as may be required to permit the director to make the required findings.

(d)

Director's determination.

(1)

Within 40 days after submission of a complete site plan application, the director shall approve, approve with conditions, or disapprove the site plan application. The director shall cause a copy of the site plan, with his decision and any conditions shown thereon or attached thereto, to be mailed to the applicant and all persons requesting such notice within ten days of the approval thereof. The director's decision shall be final unless appealed to the planning commission in accordance with the provisions of subsection 90-1011(b).

(2)

Within ten days after the approval or conditional approval of a site plan application by the director, the development services department shall provide public notice of the site plan approval to all owners of real property, as indicated by the latest equalized assessment roll, located within 300 feet of the exterior boundaries of the site.

(3)

At the director's discretion, the site plan application may be referred directly to the planning commission for a public hearing and decision. Public notice of such hearing shall be provided in accordance with the requirements of Government Code § 65091.

(Ord. No. 777, § 3, 4-15-86; Ord. No. 950, § 27, 5-16-96; Ord. No. 983, § 1, 3-19-98; Ord. No. 1161, § 3, 9-3-15)

(a)

Findings. In approving the site plan, the decision maker shall find that:

(1)

The proposal is in compliance with all applicable provisions of this chapter.

(2)

The following are so arranged that traffic congestion is avoided, pedestrian and vehicular safety are protected and there will be no unreasonable impact on surrounding properties.

a.

Facilities, improvements and utilities.

b.

Vehicular ingress, egress, and internal circulation.

c.

Location of buildings.

d.

Location of service areas.

e.

Walls.

f.

Landscaping.

(3)

The proposed lighting is so arranged as to deflect the light away from adjoining properties.

(4)

The proposed signs will not by size, location, or lighting interfere with traffic or limit visibility.

(5)

That the conditions of approval are necessary to protect the public health, safety and welfare.

(b)

Conditions of approval. Approval of a site plan may be made subject to conditions. Such conditions shall include the standard conditions of approval for site plan reviews and conditional use permits adopted by the planning commission via Resolution Nos. 1674 and 1703 and may include any or all of the following:

(1)

Requiring special yards, spaces and buffers.

(2)

Requiring special fences and walls.

(3)

Requiring the enclosure of storage areas and limiting out-of-door display areas.

(4)

Requiring special grading, surfacing, and drainage improvements.

(5)

Regulating points of vehicular ingress and egress.

(6)

Regulating signs.

(7)

Requiring landscaping and maintenance thereof.

(8)

Requiring maintenance of grounds.

(9)

Requiring special fire prevention equipment and measures.

(10)

Regulating noise, vibration, odors, electrical discharges or interference.

(11)

Regulating lighting.

(12)

Requiring street dedications and improvements, subject to the provisions of subsection 90-1012(a).

(13)

Imposing such other conditions as are necessary and appropriate to protect the public health, safety and welfare and the environment, and to insure that surrounding properties will not be unduly impacted by the proposed development.

(Ord. No. 777, § 3, 4-15-86; Ord. No. 983, § 2, 3-19-98)

(a)

Appeal to the planning commission.

(1)

The applicant or any person affected by the site plan, including a member of the planning commission or a member of the city council, may appeal the decision of the director to the planning commission by setting forth in writing the reasons for such appeal.

(2)

Such appeal shall be filed with the director within ten days after the date of mailing as shown by the postmark on the papers mentioned in subsection 90-1009(d).

(3)

The planning commission shall conduct a public hearing in which to consider the appeal within 40 days of the filing of said appeal. Notice of the appeal hearing shall be provided in accordance with the provisions of Government Code § 65091.

(4)

The decision of the planning commission shall be final unless appealed to the city council in accordance with the requirements of subsection 90-1011(b).

(b)

Appeal to the city council.

(1)

The applicant or any person affected by the site plan, including the city manager or a member of the city council, may appeal the decision of the commission to the city council by setting forth in writing the reasons for such appeal.

(2)

Such appeal shall be filed with the city clerk within ten days after the date of such decision.

(3)

The council shall conduct a public hearing in which to consider the appeal within 40 days of the filing of said appeal. Notice of the appeal hearing shall be provided in accordance with Government Code § 65091.

(4)

The council may affirm, reverse, or modify the decision of the commission; provided, however, that if a decision denying a site plan is reversed or a decision granting a site plan is modified, the council shall, on the basis of the record transmitted and such other evidence as may be presented to the council, make the findings prerequisite to the approval of a site plan as prescribed in subsection 90-1010(a).

(5)

The decision of the council shall be final. The council shall cause a copy of the site plan, with its decision and any conditions attached thereto, to be mailed to the applicant and all persons requesting notification within ten days of the adoption thereof.

(c)

Revisions to approved site plan. Revisions by the applicant to an approved site plan may be approved by the director prior to construction if the revised proposal is substantially similar to the approved site plan, or if revisions are made to comply with one or more conditions of approval. All other revisions shall require the submittal of a site plan review amendment application in accordance with the provisions of section 90-1009 with a filing fee equal to one-half of the original filing fee. Commission and council consideration of the amended site plan shall be the same as for the original site plan review.

(d)

Time limit for development. A site plan review shall lapse and become void one year following the date on which the site plan review became effective unless, prior to expiration, a building permit is issued by the building official and construction is being diligently pursued. For good cause, a site plan review may be renewed for an additional period of one year or for such lesser period as may be specified, provided that an application for renewal is filed with the director prior to expiration of the site plan.

(Ord. No. 777, § 3, 4-15-86; Ord. No. 950, § 28, 5-16-96; Ord. No. 983, § 3, 3-19-98)

(a)

Required street dedications and improvements. Because of changes that may occur in an area due to increases in vehicular traffic generated by facilities requiring site plan review, and upon the principle that development projects should provide street dedications and improvements as near as practicable in proportion to the increased vehicular traffic and need for such improvements generated by such projects, the dedications and improvements specified in subsections (a)(1) through (a)(4) of this section shall be required as a condition of approval of any site plan. The director may require that a fee be paid in lieu of constructing the improvements required in subsections (a)(2) through (a)(4) of this section, if it is determined that it would be in the public interest to defer construction of the improvements. The amount of the fee shall be equal to the cost of the improvements that otherwise would have been required.

(1)

Dedication of all land necessary to widen an existing street right-of-way or a new street to its ultimate planned right-of-way, as established by any adopted general, specific or precise plan or by the city's improvement standards shall be required.

(2)

Where a development borders a new street, the dedication of which was required pursuant to subsection (a)(1) of this section, or an existing street right-of-way which is not developed in accordance with the city's improvement standards, improvement of the right-of-way of the street to city standards for a width of 30 feet as measured from the ultimate right-of-way line of the street abutting the development shall be required. The required improvements shall include, but are not limited to, curbs, gutters and sidewalks, drainage facilities, street trees, street signs, street lights, required utilities, street grading and paving.

(3)

Where a development is traversed by a new street, the dedication of which was required pursuant to subsection (a)(1) of this section, or an existing street right-of-way which is not developed in accordance with the city's improvement standards, improvement of the right-of-way of the street to city standards for a width of 60 feet shall be required. If the right-of-way of the street exceeds 60 feet, the commission shall determine the sections of the right-of-way to be improved. The required improvements shall include, but are not limited to, curbs, gutters and sidewalks, drainage facilities, street trees, street signs, street lights, required utilities, street grading and paving.

(4)

Where a development borders a new frontage road, the dedication of which was required pursuant to subsection (a)(1) of this section, or an existing frontage road right-of-way which is not developed in accordance with the city's improvement standards, improvement of the entire right-of-way of the street abutting the development shall be required.

(b)

Building permits. Before a building permit may be issued for any building or structure that is subject to site plan review, the director shall determine that:

(1)

The proposed building conforms with the approved site plan and conditions; and

(2)

All required dedications have been recorded.

(Ord. No. 777, § 3, 4-15-86; Ord. No. 983, § 4, 3-19-98)

(a)

Occupancy.

(1)

Before any building or structure subject to site plan review shall be occupied, the city building official shall determine that all required on-site, outside city right-of-way, and off-site, within city right-of-way, improvements shall either have been completed, or if not completed, the permittee shall have entered into an agreement with the city to complete the work within six months from the date of occupancy.

(2)

The city building official may extend the completion date for one additional six-month period upon written request of the permittee, upon a showing of good cause therefor.

(3)

The agreement with the city shall be secured either by cash deposited with the city, cash deposited in an irrevocable escrow approved by the city attorney, or other financial security approved by the city attorney as the equivalent thereof. Such security shall be in the amount of 100 percent of the estimated cost of completing the work as determined by the building official.

(4)

If such work is not completed within the period provided, or any extension thereof, the city shall be authorized to take all necessary action to enforce the agreement, including the use of the security to cause completion of all required improvements.

(5)

Monies deposited with the city or in escrow may be partially released to the depositor by the building official during the progress of the work, so long as the same ratio of security is maintained on the deposit to secure all uncompleted work.

(b)

Site plan approval to run with the land. A site plan approved pursuant to this article shall run with the land and shall continue to be valid upon change of ownership of the property which was the subject of the site plan approval.

(Ord. No. 777, § 3, 4-15-86; Ord. No. 918, § 15, 9-1-94; Ord. No. 948, § 8, 4-4-96; Ord. No. 983, § 5, 3-19-98)

(a)

Planned unit developments, involving the careful application of design, are encouraged to achieve a more functional, aesthetically pleasing and harmonious living and working environment within the city which otherwise might not be possible by strict adherence to the regulations of this chapter.

(b)

In certain instances, the objectives of this chapter may be achieved by the development of planned units which do not conform in all respects with the land use pattern designated on the zone plan or the district regulations prescribed by this chapter. A planned unit development may include a combination of different dwelling types and/or a variety of land uses which are made to complement each other and harmonize with existing and proposed land uses in the vicinity, by design. In order to provide locations for such well-planned developments, the planning commission is empowered to grant use permits for planned unit developments, subject to review by the city council, provided that such developments comply with the regulations prescribed in sections 90-1014 through 90-1017.

(a)

Districts. A planned unit development may be located in any district upon the granting of a conditional use permit in accordance with the provisions of section 90-1014.

(b)

Permitted uses. A planned unit development shall include only those uses permitted, either as permitted uses or conditional uses, in the zoning district in which the planned unit development is located, subject to the following exceptions:

(1)

Any use permitted in an R, RM, C-P, or C-1 district as a permitted use or a conditional use, or any combination of such uses may be included in a planned unit development located in a R or RM district.

(2)

Any use permitted in any C-4, C-M, M-L or M-H district, as a permitted use or conditional use, or any combination of such uses, may be located in a planned unit development located in a M-L or M-H district.

(c)

Site area. The minimum site area for a planned unit development shall be five acres.

(d)

Standards. The standards of site area and dimensions, site coverage, yard spaces, distances between structures, building height, off-street parking and off-street loading facilities and landscaped areas need not be equivalent to the standards prescribed in the regulations for the district in which the planned unit development is located if the applicant has demonstrated, by his design proposal, that the objectives of this chapter and the objectives of sections 90-1014 through 90-1017 will be achieved.

The average population density per net acre may not exceed the maximum population density prescribed by the site area regulations or the site area per dwelling unit regulations for the district in which the planned unit development is to be located unless the applicant can demonstrate by his design proposal and such additional evidence as may be submitted, that the objectives of sections 90-1014 through 90-1017 will be achieved. In the event the planned unit development proposes to use nonconventional street and lot designs, the applicant shall show how such designs will achieve the desired goals.

(e)

Required conditions. No use shall be permitted and no process, equipment or materials shall be employed which unreasonably interfere with persons residing or working in the vicinity or injurious to property located in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination, glare, unsightliness or heavy truck traffic or to involve any hazard of fire or explosion.

(Ord. No. 910, § 1, 4-21-94)

The regulations prescribed in subsections 90-998(b) and (c) shall control the procedure for making application for the processing of a use permit for a planned unit development, subject to the following exceptions:

(1)

In lieu of the drawing of the site prescribed in subsection 90-998(b)(4), the application shall be accompanied by the development plan of the entire planned unit development, drawn to scale and showing the contours of the site in intervals of not more than one foot and provisions for: draining of surface; watercourses; railroad and public utility rights-of-way; streets, driveways and pedestrian walks; off-street parking and loading facilities; reservations and dedications for public uses; private uses including dwelling types, lot layout, locations, heights and elevations of structures and landscaped areas.

(2)

In addition to the data and drawings prescribed in subsection 90-998(b) and subsection (1) of this section, the application shall be accompanied by a tabulation of the area proposed to be devoted to each land use and a tabulation of the average population density per net acre and per gross acre in the area or areas proposed to be devoted to residential use.

(3)

When a planned unit development involves proposals which necessitate the filing of a tentative subdivision map and/or which would also necessitate the granting of exceptions of the regulations of chapter 62, subdivisions, the planning commission may grant tentative approval of the proposal. Where such tentative approval is requested by the applicant, the requirements of subsections (1) and (2) of this section may be waived temporarily, provided the applicant submits the following:

a.

In lieu of the drawing of the site prescribed in subsection (1) of this section, the application shall be accompanied by a schematic drawing, drawn to a minimum scale of one inch equals 100 feet, showing the general relationships contemplated among all public and private uses and existing and proposed physical features.

b.

A written statement setting forth the source of water supply, method of sewage disposal, means of drainage, dwelling types, nonresidential uses, lot layout, public and private access, height of structures, lighting, landscaped areas and provisions for maintenance of landscaped areas, area to be devoted to various uses and population density per acre and per gross acre contemplated by the applicant.

Upon approval of a tentative subdivision map in accordance with the procedures prescribed by chapter 62, subdivisions, the applicant shall submit a detailed development plan in accordance with the requirements of subsections (1) and (2) of this section before the planning commission may grant a final approval of the applicant's proposal.

(4)

The planning commission may grant a use permit for a planned unit development as the use permit was applied for or in modified form if, on the basis of the application and the evidence submitted, the commission makes the following findings:

a.

That the proposed location of the planned unit development is in accordance with the objectives of this chapter.

b.

That the proposed location of the planned unit development and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity.

c.

That the proposed planned unit development will comply with each of the applicable provisions of this section.

d.

That the standards of population density, site area and dimensions, site coverage, yard spaces, heights of structures, distance between structures, off-street parking and off-street loading facilities and landscaped areas will produce an environment of stable and desirable character consistent with the objectives of this chapter.

e.

That the standards of population density, site area and dimensions, site coverage, yard spaces, height of structures, distances between structures and off-street parking and off-street loading facilities will be such that the development will not generate more traffic than the streets in the vicinity can carry without congestion and will not overload utilities.

f.

That the combination of different dwelling types and/or variety of land uses in the development will complement each other and will harmonize with existing and proposed land uses in the vicinity.

(a)

Planning commission action.

(1)

The commission, by written resolution, may approve, approve with stated conditions, disapprove or disapprove without prejudice a conditional use permit application for a planned unit development. The resolution shall describe the basis for the decision, including whether or not the findings set forth in subsection 90-1016(4) have been made.

(2)

The commission shall have 40 days after the conclusion of a public hearing to render its decision on a conditional use permit application for a planned unit development. Failure of the commission to adopt a resolution within the aforementioned 40-day period shall be deemed to constitute a denial of the application.

(3)

The decision of the commission shall be final unless appealed to the council in accordance with the procedure specified in subsection (b) of this section.

(4)

The commission shall cause a copy of its resolution to be mailed to the applicant within ten days from the date of adoption thereof.

(5)

No building permit or business license shall be issued where a conditional use permit for a planned unit development has been approved or conditionally approved by the commission until ten days after such permit has been granted by the commission and then only in accordance with the terms and conditions of the conditional use permit granted and only if the approval or conditional approval of the conditional use permit by the commission has not been appealed to the council pursuant to the procedure specified in subsection (b) of this section.

(b)

Appeals to the city council.

(1)

In case the applicant is not satisfied with the action of the commission, he may within ten days after the date of mailing, as shown by the postmark of the resolution mentioned in subsection (a)(4) of this section, or within ten days after the expiration of the 40-day period mentioned in subsection (a)(2) of this section, file in writing with the city clerk an appeal to the council. The appeal shall state specifically wherein it is claimed that there was an error or abuse of discretion by the commission or whereby its decision is not supported by the evidence in the record.

(2)

In case any party other than the applicant is not satisfied with the action of the commission, he may within ten days after the date of adoption of the resolution of the commission, or within ten days after the expiration of the 40-day period mentioned in subsection (a)(2) of this section, file in writing with the city clerk an appeal to the council. The appeal shall state specifically wherein it is claimed that there was an error or abuse of discretion by the commission or whereby its decision is not supported by the evidence in the record.

(3)

The council shall set a date for a public hearing on the appeal and shall post notices as set forth in subsection 90-994(c)(3). The date for the public hearing shall not be less than ten nor more than 40 days from the date on which the appeal was filed.

(4)

Notice shall also be given to the commission of such appeal, and the commission shall submit a report to the council setting forth the reason for its action or shall be represented at the hearing.

The following procedures for review of proposed use, findings and notices shall apply to all uses permitted subject to review and approval by the director.

(1)

Review of proposed use. It shall be the duty of the director to review the proposed use, to ascertain all facts pertinent to it, and in writing to state his approval or disapproval of the proposed use together with findings and reasons for such decision, within 30 days of the filing of a complete application for such use. At his discretion, the director may refer the proposed use directly to the planning commission for public hearing and decision. If the proposed use is referred to the commission, the procedures of sections 90-998 through 90-1001, conditional use permits, shall be followed. Those applications which are referred directly to the commission by the director and which are filed and heard concurrently with any application requiring city council hearing shall, after the commission decision, be heard by the city council together with that concurrent application.

(2)

Findings. In approving or denying a proposed use, the director shall make findings explaining how and why all the following conditions either exist or do not exist:

a.

That the site of the proposed use is adequate in size and shape to accommodate the use and all yards, spaces, walls and fences, parking, loading, landscaping and other property development standards required in this chapter.

b.

That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use.

c.

That the proposed use will not be detrimental to the immediate neighborhood.

d.

That the conditions stated in the approval are necessary to protect the public health, safety, and general welfare.

e.

That the proposed use is consistent with the general plan.

Such findings shall be sent to the applicant and kept on file in the office of the director.

(3)

Notices.

a.

If an application is approved by the director, owners of properties located within a radius of 300 feet of the exterior boundaries of the property subject to the application shall be notified in writing of the decision. Such notices shall be by prepaid mail, and the owner, for the purposes of such notices, shall be deemed to be the person or persons to whom the properties were assessed on the last assessment roll. The address to which such written notice shall be mailed shall be that shown upon such assessment roll.

b.

If an application relating to mobile home park services is approved by the director, the following procedures shall apply:

1.

The applicant shall provide a list of tenants within the park.

2.

Those tenants located within 300 feet of the site of the proposed use shall be notified in lieu of property owners identified in subsection (3)a. of this section.

(Ord. No. 805, § 1, 4-19-88)

The following procedures for appeals, reapplication and revocation shall apply to all uses permitted subject to review and approval by the director of the development services department, hereinafter "director."

(1)

Appeals.

a.

No decision of the director shall be effective until a period of ten days has elapsed following the date of mailing written notice of his decision.

b.

During this period any person adversely affected by the decision may file an appeal with the planning commission. The appeal shall be in writing and shall set forth the reason for the appeal.

c.

Commission public hearing date and notice.

1.

The commission shall hear the appeal of the director's decision within 60 days after the date of the filing of the appeal.

2.

Notice of the public hearing shall be given by mail as hereinafter provided, and shall state the time and place of the hearing and the subject matter of the application.

3.

Notice shall be mailed not less than ten days (or 21 days if the project is subject to the requirements of the California Environmental Quality Act) before the date set for the hearing to owners of property located within a radius of 300 feet of the exterior boundaries of the property described in the application, using for this purpose the last known name and address of such owners as are shown on the latest adopted tax roll of the county.

d.

Commission public hearing and decision.

1.

The commission shall render a decision within 40 days after the close of hearing on such appeal. The commission's decision shall be final, unless an appeal therefrom is filed with a court of competent jurisdiction within 15 days after the commission renders its decision.

2.

The commission may by resolution approve, approve with conditions, or disapprove the decision of the director. A tie vote shall constitute a denial of the appeal.

3.

The commission's decision shall include findings explaining how and why all of the conditions described in subsection 90-1018(2) either exist or do not exist.

4.

The applicant shall be notified in writing at the address on the application of the commission's decision.

5.

If an application is disapproved by the director, or by the commission after appeal, a record of such disapproval shall be made and kept on file by the director.

6.

The appeal of a commission decision on any application filed and heard concurrently with other applications shall require a city council hearing of all such applications.

(2)

Reapplication. No person shall apply for a similar use on the same land, building or structure within a period of one year from the date of the final decision on the previous application, unless prior decision was a denial without prejudice.

(3)

Revocation.

a.

The director or the commission granting the use permit may revoke the permit for noncompliance with any of the conditions set forth in the permit.

b.

If the time limit for development of the proposed use expires prior to establishment of the use, and no extension has been granted, the permit shall be deemed void.

(4)

Exemption for converted use. When an existing use for which a site plan review has been approved or director's review permit has been issued converts to a different use on the same property, the director may exempt the converted use from the requirement to obtain a director's review permit upon a finding that the converted use will not require any changes in traffic circulation, parking, ingress or egress at the property.

(5)

Time limit for development. A director's review permit shall lapse and become void one year following the date on which the director's review permit became effective unless, prior to expiration, a building permit is issued by the building official and construction is being diligently pursued or the use has been established. For a good cause, a director's review permit may be renewed for an additional period of one year or for such lesser period as may be specified, provided that an application for renewal is filed with the director prior to expiration of the permit.

(Ord. No. 805, § 1, 4-19-88; Ord. No. 918, § 16, 9-1-94; Ord. No. 950, § 29, 5-16-96; Ord. No. 970, § 16, 7-17-97)