Each Council member shall appoint one member of the Commission ("appointee"), whose term shall coincide with the term of the appointing Council member.

The full Council shall appoint each member of the DRPB, whose term shall be indicated by the full Council, or until a successor has been appointed, pursuant to Council Policy 000-06.

Each appointee shall serve at the pleasure of the appointing Council member or full Council.

All appointees shall be residents of the City at all times during their respective terms.

No appointee shall be an officer or employee of the City.

The Commission may adopt rules and procedures for the purpose of implementing City ordinances, Council policies relating to planning matters, and this Zoning Code and for the purpose of conducting the business and exercising the powers of the Commission.

The Commission shall keep a public record of all determinations, findings, resolutions, and transactions.

A summary of all pertinent evidence offered at a public hearing and the names of persons testifying shall be recorded and made a part of the permanent Commission file.

Appointment of Chairperson. The Mayor shall appoint the Chairperson of the Commission, with the concurrence of the Council, prior to the first regular annual meeting of the Commission in January. The term of the Chairperson shall expire upon the appointment of a replacement in compliance with this schedule, or upon the appointment of a new Chairperson. The Chairperson shall preside at meetings of the Commission and shall represent the Commission at functions and perform other duties as are appropriate or as may be assigned by the Commission or the Council.

Election of Vice-Chairperson. The Commission shall annually elect a Vice-Chairperson from its membership at its first regular meeting in January. The term of the Vice-Chairperson shall expire upon the election of a replacement in compliance with this schedule, or upon the election of a new Vice Chairperson. The Vice-Chairperson shall preside at meetings and perform the duties of the Chairperson in the Chairperson's absence.

Four members of the Commission shall constitute a quorum.

A member who is present, but is disqualified from participating in a matter, shall not be counted in determining whether a quorum is present for that matter.

For all recommendations on legislative acts and decisions on Variances, four affirmative votes are required.

For all other actions, a vote by a majority of the quorum is required.

A member of the Commission may be removed by the affirmative vote of at least four members of the Council, or the appointing Council member.

A vacancy shall be filled in the same manner as the original appointment.

A person appointed to fill a vacancy shall serve for the remainder of the unexpired term.

At least two members shall be licensed architects.

At least one member shall be a licensed landscape architect or licensed landscape contractor, or shall have a college degree or applicable professional experience in the field of landscaping.

At least one member shall be an archaeologist, architectural historian, or historian.

The remaining members shall be representative of the community at large, preferably involved in the design, construction, civil or structural engineering, and/or historic preservation industry.

All members shall demonstrate knowledge or interest in the quality of architectural design and historic preservation of the City.

Appointment of Chairperson. The Mayor shall appoint the Chairperson of the DRPB, with the concurrence of the Council, prior to the first regular annual meeting of the DRPB in January. The term of the Chairperson shall expire upon the appointment of a replacement in compliance with this schedule, or upon the appointment of a new Chairperson. The Chairperson shall preside at meetings of the DRPB and shall represent the DRPB at functions and perform other duties as are appropriate or as may be assigned by the DRPB or the Council.

Election of Vice-Chairperson. The DRPB shall annually elect a Vice- Chairperson from its membership at its first regular meeting in January. The term of the Vice-Chairperson shall expire upon the election of a replacement in compliance with this schedule, or upon the election of a new Vice- Chairperson. The Vice-Chairperson shall preside at meetings and perform the duties of the Chairperson in the Chairperson's absence.

The DRPB shall have the authority to perform the duties and functions identified by Section 20-50.020, Table 5-1 (Review Authority), and Section 20-52.030 (Design Review).

The DRPB shall review and recommend revisions to the Design Guidelines as appropriate.

As it relates to historic and cultural preservation, the DRPB shall perform its duties in compliance with this Chapter and Chapter 20-58 (Historic and Cultural Preservation) and shall:

The DRPB may:

A member of the DRPB may be removed by the affirmative vote of at least four members of the Council, or the appointing Council member.

A vacancy shall be filled in the same manner as the original appointment.

A person appointed to fill a vacancy shall serve for the remainder of the unexpired term.

Acting directly, or through a subordinate employee designated as Zoning Administrator in compliance with Section 20-60.090 (Zoning Administrator), perform the duties and functions identified in this Zoning Code, including the initial review of land use applications, in compliance with Section 20-50.020 (Authority for Land Use and Zoning Decisions), Table 5-1 (Review Authority), the California Environmental Quality Act (CEQA), and the City's environmental review procedures identified in Title 17 of the City Code (Environmental Protection), giving of notices, preparing reports, issuing Certificates of Zoning Compliance, receiving and processing appeals, terminating incomplete applications, and receiving and accounting for fees;

Perform other responsibilities assigned by the City Manager, DRPB, Commission, and Council;

Supervise Department staff members assigned to the Department's administration;

Maintain the sections of this Zoning Code, Zoning Map, and all records of zoning actions and cases;

Approve site plans as provided by this Zoning Code;

Attend meetings and serve as principal advisor to the Commission and DRPB. The Director shall also serve as secretary to the Commission and DRPB and in this capacity shall prepare and keep minutes and all other records of these review authorities;

Report regularly to the Commission on actions taken by the Department, including the number of cases handled, and their disposal and recommendations for amendments of this Zoning Code; and

Refer, at the Director's sole discretion, any of the above or other matters to the Commission for its review and action, and to notify the applicant or other affected person of the referral.

Have the responsibility and authority to take action on applications for all administrative permits and approvals issued by the Department;

Perform other responsibilities assigned by the Director, Commission, and Council; and

Perform the duties and functions identified in this Zoning Code, including Section 20-50.020 (Authority for Land Use and Zoning Decisions), Table 5-1 (Review Authority), the California Environmental Quality Act (CEQA), and the City's environmental review procedures identified in Title 17 of the City Code (Environmental Protection), giving notices, preparing reports, issuing Certificates of Zoning Compliance, receiving and processing appeals, terminating incomplete applications, and receiving and accounting for fees;

Review authority referral. The Zoning Administrator may defer any decision and refer the request to the respective higher Review Authority, pursuant to Section 20-50.020, Authority for Land Use and Zoning Decisions.

A nonconforming use may be changed to another nonconforming use of a similar or more restricted classification or nature; provided, the proposed new nonconforming use would not increase the degree or intensity of the nonconformity.

The replacement nonconforming use shall serve as the "new bench mark" in terms of establishing the acceptable level of nonconformity.

Where a nonconforming use is changed to another nonconforming use of a more restrictive classification, it shall not thereafter be changed to a use of a less restrictive classification.

Nonconforming use of land. A nonconforming use of land which does not involve any structure, except accessory structures, shall not be enlarged or expanded in size or capacity, or extended to occupy a greater area, or increased in intensity. "Accessory structures," as used in this Subsection, include driveways, fences, parking areas, signs, walls, or minor structures less than 400 square feet in area.

Nonconforming use of a structure. Changes to a nonconforming use of a structure by addition, enlargement, extension, reconstruction, or relocation, may be allowed only if the changes comply with all of the regulations of the applicable zoning district and the following provisions:

If a nonconforming use of land, or a nonconforming use of a conforming structure, is discontinued for a continuous period of at least six months, the rights to legal nonconforming status shall terminate. The time limit for maintaining a legal nonconforming status for properties located along the north side of Sebastopol Road to Highway 12, between Stony Point Road and Dutton Avenue, as illustrated in Figure 6-1, shall be 24 months, for existing nonconforming uses and structures, to maintain a vibrant and thriving industrial area until such time as the area is ready to convert to residential and mixed residential and retail uses.

The nonconforming use shall not be resumed once the use has been terminated for at least six months, or 24 months for properties located along the north side of Sebastopol Road, between Stony Point Road and Dutton Avenue.

The Director shall base a determination of discontinuance on evidence including the removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, disconnected or discontinued utilities, or no business receipts/records to document continued operation.

Without further action by the City, any further use of the site shall comply with all of the regulations of the applicable zoning district and all other applicable provisions of this Zoning Code.

Gas stations and related fossil fuel infrastructure shall not be enlarged, extended, reconstructed, or moved to a different portion of the lot or parcel of land occupied by such use except as outlined below or as required for compliance with local, state, or federal law, or as approved by the CUPA. Fossil fuel infrastructure subject to this provision includes, but is not limited to, structures, features, and facilities related to the sale, storage, conveyance, and dispensing of gasoline and any other fossil fuel (e.g., storage tanks, pumps, dispensers). A Minor Use Permit shall be required for any modifications to existing gas stations and fossil fuel infrastructure unless proposed modifications are subject to review by a higher review authority pursuant to City Code Section 20-50.020, Authority for Land Use and Zoning Decisions, Table 5-1, Review Authority. Land use entitlements required pursuant to this section are in addition to applicable CUPA permitting requirements.

Damage up to 50 percent of market value. A nonconforming structure involuntarily damaged up to 50 percent of its current market value (as defined in Subparagraph D.b, below) may be reconstructed, repaired, restored, and used as before; provided that the restoration is initiated (as defined in Subparagraph D.a, below) within 12 months, and is substantially completed within 24 months from the date of application for the required Building Permit.

Damage to 50 percent or more of market value. A nonconforming structure involuntarily damaged to 50 percent or more of its current market value (as defined in Subparagraph D.b, below) shall not be reconstructed, repaired, or restored, except in conformity with the applicable requirements of the subject zoning district.

Minor repair. Minor normal repair and maintenance may be made to a nonconforming structure:

Major repair. Major repair to a nonconforming structure, when the cost of repairing or replacing the damaged portion of the structure exceeds 50 percent of the current market value of the structure, before damage or destruction, may occur with Conditional Use Permit approval, where the review authority first determines that the major repairs are necessary to correct potential hazards to public health or safety.

Other voluntary modifications. The addition, enlargement, extension, reconstruction, or structural alteration of a nonconforming structure may be allowed with Conditional Use Permit approval; provided that the review authority determines that the modification is necessary to secure added safety or to reduce the fire hazard and/or to secure aesthetic advantages through the alignment, architecture, or closer conformity to surrounding allowed structures in the immediate neighborhood, and only in compliance with Subparagraphs (C)(1) and (C)(2), above.

Restoration is initiated. As used in this Section, "restoration is initiated" requires that, at a minimum, a complete Building Permit application has been filed.

Approved subdivision. The parcel was created by a recorded subdivision;

Individual parcel legally created by deed. The parcel is under one ownership and of record, and was legally created by a recorded deed before the effective date of the zoning amendment that made the parcel nonconforming;

Variance or lot line adjustment. The parcel was approved through the Variance procedure or resulted from a lot line adjustment;

Partial government acquisition. The parcel was created in compliance with the provisions of this Zoning Code, but was made nonconforming when a portion was acquired by a governmental entity so that the parcel size is decreased not more than 20 percent and the yard facing a public right-of-way was decreased not more than 50 percent; or

Certificate of Compliance. A Certificate of Compliance has been issued, in compliance with Title 19 (Subdivisions) of the City Code, verifying that the parcel complies with the applicable provisions of Title 19 and the Subdivision Map Act.

Director decisions. A determination or decision by the Director may be appealed to the DRPB, Commission, or Council as applicable to the decision.

Zoning Administrator decisions. A determination or decision by the Zoning Administrator may be appealed to the DRPB, Commission, or Council as applicable to the decision.

DRPB decisions. A decision by the DRPB may be appealed to the Council; provided that a member of the DRPB shall not be allowed to appeal a DRPB decision.

Commission decisions. A decision by the Commission may be appealed to the Council; provided that a member of the Commission shall not be allowed to appeal a Commission decision.

Height. An existing single-family dwelling that is nonconforming only because it exceeds the height limit of the applicable zoning district, shall not be required to comply with the provisions of this Chapter.

Setbacks. Where a single-family dwelling or a detached accessory structure, is nonconforming only by reason of substandard setbacks, the provisions of this Section shall not apply; provided that any structural alteration of a nonconforming structure shall not increase the degree of nonconformity, and any enlargements shall comply with the setback requirements of the applicable zoning district.

Parking. A single-family dwelling that is nonconforming with respect to the parking requirements of this Zoning Code is exempt from requirements of this Chapter that would otherwise require compliance with the parking requirements of this Zoning Code.

Where the review authority determines that a nonconforming single- or multi-family dwelling unit has been involuntarily damaged or destroyed by accident (e.g., fire, explosion, etc.), the unit may be reconstructed or replaced with a new structure using the same development standards applied to the damaged or destroyed structure (e.g., building footprint, building height, density standards, number of dwelling units, setbacks, and floor area); provided:

If the preceding requirements are not met, the replacement structure shall comply with all of the regulations of the applicable zoning district in effect on the date of application for the required Building Permit.

For damage involving a declared Hazard see Chapter 20-35, Resilient City Standards.

Conformity of uses requiring Conditional Use Permits. A use lawfully existing without a Conditional Use Permit that would be required by this Zoning Code to have Conditional Use Permit approval, in compliance with Section 20-52.050, shall be deemed conforming, but only to the extent that it previously existed (e.g., maintain the same site area boundaries, hours of operation, etc.)

Previous Conditional Use Permits in effect. A use that was authorized by a Conditional Use Permit but is not allowed by this Zoning Code in its current location may continue, but only in compliance with the original Conditional Use Permit (e.g., if the original Conditional Use Permit specified a termination date, then the use shall terminate in compliance with the requirements of the Conditional Use Permit.)

Nonconforming due to public acquisition. Whenever any structure or parcel is rendered nonconforming within the meaning of this Chapter by reason of a reduction in a required parcel area, reduction of off-street parking facilities, or setbacks occurring solely by reason of dedication to, or purchase by, the City for any public purpose, or eminent domain proceedings, which result in the acquisition by the City or any agency authorized for the eminent domain proceedings of a portion of the property, the same shall not be deemed nonconforming within the meaning of this Chapter.

Required reconstruction, remodeling, or repair. Any required reconstruction, remodeling, or repair shall be limited to that necessary to render the structure reasonably safe for continued use; provided, all reconstruction, remodeling, or repair work shall be substantially completed within 12 months from the date of application for the required Building Permit.

General appeals. Appeals shall be submitted in writing, and filed with the Department on a City application form within 10 calendar days after the date of the decision. The time limit will extend to the following business day where the last of the specified number of days falls on a day that the City is not open for business.

Review authority. The review authority for appeals is shown in Table 6-1.

Appeal of Commission denial of amendment. An appeal of a Commission denial of an amendment shall be filed with the City Clerk within 10 days following the date of the Commission action.

Place for filing.

Pertinent facts. The written appeal shall state the pertinent facts of the case and shall specify the following:

Filing fee. Appeals shall be accompanied by the required filing fee, in compliance with the Council's Fee Schedule.

Appellants. Only those persons who file an appeal within the specified appeal period shall be considered appellants of the matter under appeal.

Procedures for joining an appeal. Any person who wishes to join an appeal shall follow the same procedures for an appellant.

No joining after appeal period. No person shall be allowed to join an appeal after the end of the specified appeal period.

Director's report.

The hearing on the appeal shall be scheduled for the earliest regular meeting following the date on which the appeal was accepted as filed. The applicable review authority may continue the hearing from time to time until its determination on the appeal, in compliance with Section 20-66.040 (Hearing Procedure). Appeal to the DRPB or Commission. An appeal to the DRPB or the Commission shall be scheduled by the Director, at its earliest regular meeting, consistent with agenda preparation procedures, meeting schedules, and notice requirements, if applicable.

Appeal to the Council. An appeal to the Council shall be scheduled by the City Clerk, at its earliest regular meeting, consistent with Council agenda preparation procedures, Council meeting schedules, and notice requirements, if applicable.

Public hearing.

The review authority may:

If new or different evidence is presented on appeal, the Commission or Council may refer the matter to the Director or Commission for further consideration.

The applicant's name, address and telephone number;

Address of the property for which the request is being made;

The current actual use of the property;

The basis for the claim that the individual is considered disabled under the Acts;

The Zoning Code provision, regulation or policy from which reasonable accommodation is being requested; and

Why the reasonable accommodation is necessary to make the specific property accessible to the individual.

Whether the housing, which is the subject of the request, will be used by an individual disabled under the Acts;

Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts;

Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the City;

Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a City program or law, including but not limited to land use and zoning;

Potential impact on surrounding uses;

Physical attributes of the property and structures; and

Other reasonable accommodations that may provide an equivalent level of benefit.

General Plan. A General Plan amendment may include revisions to text or diagrams.

Zoning Code. A Zoning Code amendment may modify any procedure, provision, regulation, requirement, or standard applicable to land use or development within the City.

Zoning Map. A Zoning Map amendment has the effect of rezoning property and/or moving a boundary between two zoning districts.

Eligibility for initiation of amendment. A General Plan, Zoning Map, and/or Zoning Code text amendment may be initiated by:

Application requirements. An application for an amendment filed by a property owner or authorized agent in compliance with Subsection B.1.b, shall be filed in compliance with Chapter 20-50 (Permit Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for amendment applications. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 20-64.050 (Findings), below.

Study of additional area. The Director, upon review of an application, or upon a motion by the Commission or Council for an amendment, may elect to include a larger area or additional land in the study of the General Plan or Zoning Map amendment request.

After the initial processing of a proposed amendment in compliance with Chapter 20-50 (Permit Application Filing and Processing) the Commission and Council shall each conduct at least one public hearing regarding the amendment.

Notice of the hearings shall be given in compliance with Chapter 20-66 (Public Hearings).

Failure of any person to receive notice of the hearings shall not invalidate a decision by the Commission or Council.

The Commission or Council may continue a hearing on a proposed amendment from time to time, but the continuances shall not exceed a total of 100 days from the date of the initial opening of a public hearing before the applicable review authority.

Following the closing of the hearing the Commission or Council may continue its discussion and action on the matter for a period of time not to exceed 60 additional days.

If determined necessary by a majority vote of the members present, the Commission or Council may continue the discussion and action for a period of time not to exceed 60 additional days.

No further continuances shall be allowed, unless expressly approved by the applicant.

The Commission may modify a proposed amendment by changing the wording of a proposed text amendment or, in the case of a proposed General Plan or Zoning Map amendment, by reducing the area involved, or by recommending a more restrictive land use or zoning classification, as applicable. The term "more restrictive" means a lower density within an applicable category of residential, commercial, or industrial zoning classification. In no case shall a Commission modification extend into another land use or zoning category without additional public notice of the Commission reconsideration.

The reasons for a modification to a proposed General Plan or Zoning Map amendment, along with a statement as to the initial proposal, shall be included in the recommendation to the Council.

A Commission denial of a proposed amendment shall terminate the proceedings in the matter, and the action of the Commission shall be final, unless an appeal is filed with the City Clerk within 10 days of the date of Commission action, in compliance with Chapter 20-62 (Appeals).

However, in the case of an amendment proposed or initiated by the Council, the Commission shall forward its written recommendation for denial to the Council for its consideration within 60 days after the date of the opening of the public hearing.

General Plan. If the Council votes to approve an amendment to the General Plan, the Council shall do so by adopting a resolution.

Zoning Code or Zoning Map. If the Council votes to approve an amendment to this Zoning Code or the Zoning Map, the Council shall do so by adopting an ordinance.

The Council may modify any proposed amendment by making non-substantive changes in the wording of the proposed General Plan or Zoning Map amendment, by reducing the area involved, considering the option of a mixed use classification, or by recommending a more restrictive land use or zoning classification, as applicable. The term "more restrictive" means a lower density within an applicable category of residential, commercial, or industrial zoning classification, and in no case shall a modification transcend into another category without re-noticing the Council's reconsideration.

Before taking the action, the Council may refer the proposed non-substantive change to the Commission for a written recommendation.

In this case, the Commission need not hold a public hearing, and shall report back to the Council within 60 days after the date of Council referral, or it shall be deemed to have approved the proposed non-substantive changes.

The proposed amendment ensures and maintains internal consistency with the goals and policies of all elements of the General Plan;

The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City;

The site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested/anticipated land use developments; and

The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA).

Findings required for all Zoning Code/Map amendments:

Additional finding for Zoning Code amendments: The proposed amendment is internally consistent with other applicable provisions of this Zoning Code.

Additional finding for Zoning Map amendments: The site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested zoning designations and anticipated land uses/developments.

A prezoning shall be accomplished by ordinance, and shall be initiated, processed, and approved or denied in the same manner as provided for Zoning Map amendments for property located within the City.

Upon the effective date of annexation of property which has been prezoned in compliance with this Section, the zoning designation shall become the official zoning designation for the property and shall be so designated on the Official Zoning Map.

A prezoning designation may be withdrawn or changed in the same manner and under the same procedures required for establishing the prezoning designation.

Upon receipt of the Commission's recommendation, the Council shall approve, approve in modified form, or deny the proposed prezoning based on the findings contained in 20-64.050 (Findings), above.

If the Council proposes to adopt a substantial modification to the prezoning not previously considered by the Commission during its hearings, the proposed modification shall be first referred back to the Commission for its recommendation.

The Director is authorized to give notice of public hearings to be held by the Zoning Administrator, DRPB, or Commission, under the provisions of this Zoning Code.

The City Clerk is authorized to give notice of public hearings to be held by the Council, under the provisions of this Zoning Code.

A defect (failure) in the notice procedure shall not affect the jurisdiction or authority of a review authority to take action on a matter, unless otherwise provided by law applicable to and binding upon a charter city.

Hearing information. The notice shall provide the following information about a scheduled public hearing, except in the case of a Minor Conditional Use Permit (see Section 20-52.050.E.2), Minor Variance or Minor Adjustment (see Section 20-52.060.F).

Project information. The name of the applicant; the City's file number assigned to the application; a general explanation of the matter to be considered); and a general description, in text and by diagram, of the location of the property that is the subject of the hearing; and

Statement on environmental document. If a draft Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report has been prepared for the project, in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City's environmental review procedures identified in Title 17 of the City Code, the hearing notice shall include a statement that the hearing body would also consider approval of the draft Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report.

Mailed notice.

Newspaper publication.

Site posting. Notice shall also be given by:

Online posting.

Electronic notice. Notice shall be emailed to the Community Advisory Board (CAB) and posted to an electronic distribution list for City public notices.

Continuance with date announced. If a date is announced for a continued hearing, no additional notice for the continued hearing is required.

Continuance with no date announced. A new notice of hearing is required in compliance with this Chapter if no date is announced for a continued hearing.

The review authority (Zoning Administrator, DRPB, Commission, or Council, as applicable) may announce and record their decision on the matter being considered at the conclusion of a scheduled hearing, or defer action and continue the matter to a later meeting agenda in compliance with Section 20-66.040 (Hearing Procedure), above.

At the conclusion of a hearing by the Zoning Administrator, the Zoning Administrator may instead refer the matter to the Commission for a decision.

Within five days after the final decision, or recommendation, is rendered by the applicable review authority, a notice of action (e.g., decision or recommendation), any applicable conditions of approval, and the reporting/monitoring requirements shall be mailed to the applicant at the address shown on the application.

A copy of the notice of action shall also be sent to the property owner, if different from the applicant, and to all other persons who have filed a written request for notice.

Other than amendments. The decision of the Council on any matter, other than an amendment, shall be effective immediately following the decision.

General Plan. A General Plan amendment shall become effective immediately upon the adoption of a resolution by the Council, and after the close of the statute of limitations under the California Environmental Quality Act (CEQA).

Zoning Code and Zoning Map. A Zoning Code and Zoning Map amendment shall become effective on the 31st day following the adoption of an ordinance by the Council.