To establish uniform procedures to prepare and file applications;

To provide a framework for processing applications by the Community Development Department;

To establish factors to be considered by the hearing body, including findings and conditions of approval; and

To coordinate application processing with environmental review of projects.

Zoning Permit Required. A zoning permit shall be required prior to the commencement of a new, changed or expanded use and/or prior to the issuance of a building permit, consistent with Chapter 10.52 SMC (Zoning Permits.) The issuance of a zoning permit shall be a ministerial act, provided the proposal meets all zoning requirements contained in this title and any other applicable requirements. Zoning permits shall be required for all uses and building permits whether or not discretionary permits are also required.

Discretionary Permits. Projects involving new, changed or expanded land uses and/or the issuance of a building permit may require review and approval of one or more discretionary permit(s) (see Chapter 10.88 SMC, Definitions), as follows:

Environmental Review. Notwithstanding any other provision of this title, no ministerial action (as defined in SMC Title 11 (Environmental Protection) and the California Environmental Quality Act (CEQA)) shall be taken for a portion of a project unless all discretionary City entitlements required for the entire project have been issued. For the purposes of this section, "project" shall mean the specific development proposal for which one or more applications have been made.

Review Authority. The Community Development Department shall review all applications and accompanying data to determine compliance with all provisions of this title. If the application is for any use for which non-administrative design review is required (Chapter 10.54 SMC, Design Review Procedures), the application shall be referred to the Planning Commission in accordance with SMC § 10.54.070 (Referral). If more than one application is submitted, the entire proposal shall be reviewed and approved by the highest applicable authority. (For example, if a proposal involves a minor use permit and a variance requiring Planning Commission approval, the Planning Commission shall hear the entire proposal.)

Multiple Applications. The Community Development Director may schedule combined public hearings when multiple permit applications are filed for a given development or site (for example, a development which requires a conditional use permit and a variance).

The proposed use is allowed on its site, as provided by Chapters 10.20 through 10.28 SMC (Zoning Districts Regulations), or SMC § 10.44.310 (Temporary uses and events); and

The proposed land use, building or structure, or division of land complies with all applicable standards and requirements of this Zoning Ordinance, or such standards are addressed by a concurrently filed variance application that will, if approved, provide such compliance; and

Neither the proposed site nor any building or land use thereon is being maintained in violation of the Subdivision Map Act, this Zoning Ordinance, or any condition of approval of an applicable land use permit, except where the application proposes correction of the violation, and correction will occur before establishment of the new proposed use, or recordation of a final or parcel map in the case of a subdivision; and

The City has not denied an application for substantially the same use on the same site within one year prior to the date of filing, unless permission to re-file has been granted pursuant to SMC § 10.50.110 (Effect of denial).

Completed consolidated application form and any other applicable forms required by the Department;

Permission from the owner of the subject property, or owner authorization, including acknowledgment for review which may include a site inspection by the Historic Preservation Commission and/or City staff;

Any other information, plans or maps required by a particular application type, specified or requested by the City Engineer or other departments, or prescribed by resolution of the Planning Commission;

Floodplain information applicable to the site;

Applicable fee, as established by resolution of the City Council;

Date of construction; and

For structures that are not subject to the provisions of Chapter 10.46 SMC (Historic Preservation) and are over 50 years of age and subject to CEQA:

Determination of Completeness. Within 30 days of filing, the Community Development Department shall determine whether an application includes the information required by this title, as follows:

Referral of Application. At the discretion of the Community Development Director, or where otherwise required by the municipal code, State, or Federal law, any land use permit application filed pursuant to this chapter may be referred to any public agency that may be affected by, or have an interest in, the proposed land use.

Staff Review and Referral. The Community Development Department may refer projects to the Fire Department, Health Department, Police Department, Planning Commission, and any other department of the City if it is deemed necessary by the Community Development Director. For any uses for which performance standards review is required, the application shall be referred to the Planning Commission. All referring departments shall provide written comments, as follows:

Time Limits for Action by City. Administrative design review, design review, sign and awning permits, minor or conditional use permits, nonconforming permits, lot line adjustments, condominium conversion permits and variances shall be approved or denied by the granting authority as provided by California Government Code Section 65950.

Failure to Approve or Deny Project. Any development project which is not approved or denied within the time limits specified by this section, and for which public notice is required and has been given, and for which appropriate environmental documentation has been completed and approved, shall be deemed approved pursuant to SMC § 10.50.160 (Applications deemed approved). (See California Government Code Section 65956(b) .)

Extension of Time Limits. A project proponent may request, in writing, an extension of the time limits specified in subsection A of this section (Time Limits for Action by City). The Community Development Director may grant or deny such a request for good cause. A request for a decision by the Community Development Director to grant an extension of the time limits specified above shall be made prior to the expiration of such time limits.

Exceptions. Time limits shall commence as of the effective date of any general plan amendment, rezoning or zoning text amendment requested and necessary for permit processing of any land use permit application.

Additional Information. After an application has been accepted as complete pursuant to SMC § 10.50.060 (Initial review of applications), the Community Development Department may require the applicant to submit additional information needed for the environmental review of the project pursuant to the provisions of CEQA.

Environmental Review Procedure. After an application has been accepted as complete pursuant to SMC § 10.50.060 (Initial review of applications), the application shall undergo environmental review, as required by the California Environmental Quality Act (CEQA) and SMC Title 11 (Environmental Protection). The review shall determine whether or not the proposed project is subject to the California Environmental Quality Act and if so whether a negative declaration or environmental impact report must be prepared.

This determination and the preparation of appropriate documents (including negative declarations and EIRs) shall be subject to the provisions of CEQA and SMC Title 11 (Environmental Protection).

Designated Historic Structures and Properties in Historic Overlay Districts. Projects involving the demolition or interior or exterior alterations of sites or structures that are designated on the local/State/National Historic Register or within a historic overlay district shall be subject to environmental review, consistent with SMC § 10.46.060 (Property and review requirements). The Historic Preservation Commission shall review such projects.

Structures over 50 Years of Age and Subject to CEQA. When an application results in the alteration to the exterior or publicly accessible spaces of, addition to, or demolition of an existing structure that is over 50 years of age and subject to CEQA, or when an application involves new construction on a previously undeveloped site, staff shall review the structure's or site's potential as a historical resource, consistent with Public Resources Code Section 21084.1 and Title 14, California Code of Regulations, Section 15064.5. The Community Development Director, or their designee, shall review the information submitted pursuant to SMC § 10.50.050 to determine whether the property may qualify as a historical resource under CEQA.

The Historic Preservation Commission shall provide the decision-making body an advisory historical resource determination when required. The decision-making body shall make an environmental determination consistent with subsection B of this section (Environmental Review Procedure).

Staff Evaluation. Community Development Department staff shall review all applications filed pursuant to this title. Review shall determine compliance and consistency with the provisions of this title, other applicable provisions of the municipal code, the general plan, and applicable specific plans.

Staff Report Preparation. A staff report shall be prepared by the Community Development Department for all applications that require Zoning Administrator, Planning Commission or City Council review and approval. The report shall describe the conclusions of the Department staff about the proposed land use and any accompanying development, based on staff's evaluation. The staff report shall include recommendations of the staff on the approval, approval with conditions, or denial of the application, based on the evaluation of the project proposal and consideration of information provided by an initial study or environmental impact report.

Report Distribution.

Recommended Conditions. The granting authority may conditionally approve permits and variances. Such conditions of approval shall address the following objectives, consistent with State law, to the extent that these objectives are relevant to the requested permit:

Effect of Conditions. It shall be unlawful, and a violation of this code, for any person to construct or otherwise establish a land use authorized by a permit pursuant to this chapter prior to compliance with, or contrary to, the conditions of approval adopted as set forth in this section. Violations of this title shall be enforced pursuant to the applicable City of Sausalito code enforcement regulations.

Conditions of approval prerequisite to construction have been satisfied and any required construction permits have been issued; or

Use not requiring construction permits has been established on the site and is in operation as approved, and all conditions of approval prerequisite to establishment of the use have been satisfied; or

Conditions of approval prerequisite to construction of multiple-building or multiple-structure project have been satisfied, any required building or grading permits have been issued, and foundation inspection for each and every building or structure has been conducted and approved by the Building Official or a designee. (For multiple-phase projects which require a discretionary permit, the conditions of approval for that permit can provide for extended dates of expiration); or

A land use permit granted for a planned residential development has been implemented through the filing for recordation of the final subdivision map pursuant to the approved PD.

Timing for Request. Applicant for an approved permit shall request a permit extension not later than the permit expiration date established for each permit in Chapters 10.52 (Zoning Permits) through 10.68 SMC (Variances). Request shall be in writing, shall include reasons for the request, and shall be accompanied by the nonrefundable filing fee established by the most current Community Development Department fee schedule. Filing an extension request required by this section shall suspend the permit's expiration date until a decision is made by the appropriate hearing body regarding the extension request.

Public Notice. The Community Development Department shall send notice within the same noticing area which was provided notice of the hearing for the original permit. The notice shall state that any person who objects to the requested time extension shall notify the Zoning Administrator, in writing, of the objection within 10 days of the mailing date of the notice.

Public Hearing. A public hearing shall be noticed and held by the Zoning Administrator for any initial request for a time extension, pursuant to Chapter 10.82 SMC (Public Notice and Hearings). The Planning Commission shall consider any additional requests for time extensions for projects originally approved by the Planning Commission. The time extension request shall follow the entire procedure set forth in this chapter to consider and approve or deny the requested extension.

Findings. Subject to subsection C of this section (Public Hearing), the Zoning Administrator or Planning Commission may extend the expiration date of the approved administrative design review permit, design review permit, minor use permit, conditional use permit, nonconforming permit, variance, lot line adjustment or condominium conversion permit by one year if the following findings can be made:

One year elapses after expiration of applicable construction permit.

Use has been discontinued for more than six consecutive months after it was established and/or operated.

Appurtenant structure necessary for conditional use has been removed from site for a period greater than six consecutive months.

The time limit set for the duration of the use by a condition of approval expires.

Changes must be requested:

The Community Development Director may authorize minor changes to an approved site plan, architecture, or the nature of the approved use provided the changes meet the following requirements:

Notice. Notice shall be given as set forth in SMC § 10.82.020.

Appeal. Changes to approved project decisions may be appealed to the Planning Commission within 10 days of the decision date. Appeals must be submitted in writing and shall be processed in accordance with Chapter 10.84 SMC (Appeals).

Security Required. Guarantees of performance may be required as a condition of approval or when specified by this title in order to secure compliance. Applicant shall provide guarantees in the form of letters of credit, certificates of deposit, cash deposits and/or other forms specified by the granting authority.

Amount of Security. Security shall be provided in the amount of 110 percent of the estimated costs of improvements or other actions being guaranteed, based on a cost estimate prepared by a qualified professional approved by the Community Development Director.

Authorization for Completion. Security shall include authorization for the City or its contractors to enter upon the property in question and undertake and complete the work being guaranteed in the event of default by the applicant.

Review and Update. The granting authority may require an annual review of the amount of the security. If found to be outdated or insufficient, such security may be required to be increased to guarantee the original condition for which such security was required. If the security is not provided within 60 days of its due date, such action shall be grounds for setting aside the approval and for a hearing to revoke the permit.

Cause for Revocation. The granting authority may revoke or modify any previously approved permit or variance, unless otherwise specified by this title. Revocation shall require a public hearing held in the manner prescribed by Chapter 10.82 SMC (Public Notice and Hearings). The following shall be grounds for modification or revocation:

Revocation. Permit or variance shall be suspended automatically upon violation of any applicable provision of this title as set forth in subsection A of this section (Cause for Revocation). The Community Development Director shall notify the property owner of the suspension. The Community Development Director may order all operations, or any portion thereof, authorized by the permit or variance to cease during the time it is suspended when necessary and in order to protect health, safety or general welfare. The granting authority shall notice and hold a public hearing within 60 days, in accordance with the procedure prescribed by Chapter 10.82 SMC (Public Notice and Hearings). Following public hearing, if the granting authority is not satisfied that the applicant or project is complying with the applicable regulations governing, or the conditions attached to, the permit, the granting authority shall revoke the permit or variance or take such action necessary to ensure compliance unless specified otherwise elsewhere under this title.

To provide for Community Development Department review of all permitted land uses; and

To ensure building permits are issued consistent with this title.

The use has commenced; or

A building permit has been issued by the Building Official and construction started and diligently pursued toward completion on the subject property; or

The Building Official has issued a certificate of occupancy for the subject site or structure.

To promote the preservation of Sausalito's unique visual character;

To preserve land values and investment through thoughtful architectural and site design;

To prevent the erection of unsightly or obnoxious structures, additions, alterations or signage;

To incorporate site considerations, adjacent uses, and area traffic circulation into the review of new construction or alterations to existing structures;

To minimize obstruction of public views and primary views from private property;

To minimize obstruction of light, air and privacy;

To minimize property clearing, excessive grading and destruction of trees and shrubbery.

Supportive housing, as defined in Cal. Gov’t. Code § 65650, shall not be subject to this chapter in all zones where multifamily and mixed uses are permitted.

Applications for housing development projects on non-vacant sites used in two or more Housing Element cycle planning periods pursuant to Cal. Gov’t. Code § 65583.2(c), in which the housing development project includes at least 20% of the units affordable to lower income households. The only site this paragraph shall apply to is located at APN 064-062-19.

Owner-occupied or multifamily residential use projects, on sites designated in the Housing Element pursuant to Cal. Gov’t. Code § 65583.2(h), that accommodate very low and low-income households, and includes at least 20% of the units affordable to lower income households, as located in the following overlay zoning districts:

Attached housing developments, which satisfy the requirements of Cal. Gov’t. Code §§ 65589.4(a)(1) and (b).

Architectural control shall be minimal, ensuring that purposes and objectives of this title are met, individual initiative is encouraged in building design, and substantial additional expense is not required.

Good architectural character is based upon the suitability of a building for its purposes; upon the appropriate use of sound materials; and upon the principles of harmony and proportion in the elements of the building.

Good architectural character is not, in itself, more expensive than poor architectural character, and is not dependent upon the particular style of architecture selected.

The relationship of a building to its surroundings is of greater importance than the quality of design of the individual structure.

Purpose and Authority. Administrative design review permits may be approved, conditionally approved or denied by the Community Development Department. When administrative design review permits are requested in conjunction with one or more permits requiring Zoning Administrator review, administrative design review permits may be approved, conditionally approved, or denied by the Zoning Administrator.

Applicability. Selected project proposals require a lesser level of design review which shall be conducted by the Community Development Department (or Zoning Administrator where applicable). The Community Development Department shall review and act on applications for the following classifications of projects, for which Planning Commission review is not required for another concurrent application; provided, that the property is not subject to the provisions of Chapter 10.46 SMC (Historic Preservation) nor affects a historical resource as defined in CEQA Guidelines Section 15064.5. In the event of concurrent application for which Planning Commission review is required, or that the site is subject to the provisions of Chapter 10.46 SMC or the project is found to affect a historical resource, the application shall be subject to design review under SMC § 10.54.050 (Design review permits).

Public Notice. The Community Development Department shall give public notice of the application, pursuant to SMC § 10.82.020(B) (Public Notice – Administrative Design Review and Changes to an Approved Project).

Conditions. The Community Development Department may apply reasonable conditions of approval, consistent with SMC § 10.50.100 (Recommended conditions of approval).

Findings. The Community Development Department may approve or conditionally approve an administrative design review permit if the findings specified in SMC § 10.54.050(D) (Findings), and SMC § 10.54.050(E) (Heightened Review Findings), as applicable, can be made.

Resolution and Notice of Decision. The Community Development Department shall prepare a written resolution which shall include all findings and applicable conditions of approval. Notice of decision shall be distributed to the owner, applicant, and all persons who submitted written comment on the application.

Appeal. Administrative design review permit decisions may be appealed to the Planning Commission within 10 days of the decision date. Appeals must be submitted in writing and shall be processed in accordance with Chapter 10.84 SMC (Appeals). Notice of appeals of staff decisions to the Planning Commission and the City Council shall be sent to all properties within 300 feet of the subject property.

Effective Date. Community Development Department staff and Zoning Administrator decisions of approval or denial of administrative design review permit applications shall become final 10 days after date of resolution, unless an appeal has been filed.

Referral to Planning Commission. The Community Development Director may refer an administrative design review permit application to the Planning Commission. Such referral shall be subject to public hearing, consideration, and approval or denial pursuant to the procedures specified by SMC § 10.54.050 (Design review permits). Referral shall be at the discretion of the Community Development Director dependent upon policy implications, unique or unusual circumstances, the size of the project, or other factors determined by the Community Development Director to be significant enough to warrant Planning Commission review.

Expiration of Permit. Administrative design review permits shall expire two years following the effective date of the permit, provided no extension has been filed prior to the expiration date.

Purpose and Authority. Design review permits provide for discretionary review of the architectural and design features of selected projects for which design review is required, as established by this section. The Planning Commission may approve, conditionally approve or deny design review permit applications.

Applicability. Design review permits shall be required for applications for the following listed projects, or any projects that incrementally or cumulatively over a three-year period would result in any of the following:

Public Notice and Hearing. Design review permit applications require public hearing by the Planning Commission. Public hearing shall be noticed and conducted consistent with Chapter 10.82 SMC (Public Notice and Hearings). Design review for signs and awnings shall not be subject to the noticing requirement.

Findings. The Planning Commission shall approve design review permit applications only if the following findings can be made:

Heightened Review Findings. The site development standards contained in Table 10.22-2 are not entitlements; the approved size, setbacks or other physical conditions of a proposed new home or expansion of an existing home subject to design review shall be at the discretion of the Planning Commission. In order to meet the findings of design review, including the following heightened review findings, the Planning Commission may approve a home smaller, or with greater setbacks, or otherwise impose requirements that are more restrictive than those set forth in this chapter. For residential projects that require a discretionary design review (either administrative design review or a design review permit) and exceed 80 percent of the permitted floor area ratio (FAR) and/or building coverage limitations, the decision-making body must determine whether or not the site can support maximum build-out, consistent with the following:

Public Oversight for Streamlined Permitting Under State Law. The Planning Commission shall conduct a public hearing for design review for projects that are subject to Government Code Section 65913.4, 65912.114, or 65912.124, or any other State laws that require streamlined permitting but authorize design review or public oversight by a planning commission. In such event, the Planning Commission may approve a design review permit notwithstanding the findings that may otherwise be required by this section if approval of a project is required under applicable State law. Any such design review shall be conducted in the manner required by applicable State law.

Conditions. The Planning Commission may impose conditions of approval on design review permits to meet the purposes of this title, the general plan and any applicable specific plan, and to mitigate impacts of development. Conditions may include but not be limited to maximum floor area, building coverage limit, maximum height, and minimum open space.

Resolution. The Planning Commission decision shall be in the form of a written resolution and shall include all findings and conditions of approval.

Appeal. Except for design review permits approved under subsection F of this section, all decisions of the Planning Commission, with respect to design review permits, may be appealed to the City Council within 10 days of the Planning Commission decision. Appeals shall be filed and processed in accordance with Chapter 10.84 SMC (Appeals).

Effective Date. Design review permits shall become effective at the end of the appeal period, provided no appeal has been submitted.

Expiration of Permit. Design review permits shall expire two years following the effective date of the permit, provided no extension has been filed prior to the expiration date.

Extension. The applicant may request an extension of a design review permit prior to the expiration of the permit. The Zoning Administrator or the Planning Commission (upon receipt of a referral from the Zoning Administrator) may grant one extension for up to one year, in accordance with SMC § 10.50.140 (Extension of approved permits).

Administrative design review permit or design review permit application;

Applicable fee, as established by resolution of the City Council;

A narrative project description, providing rationale for proposed architectural and site design solutions;

One set of full-size plans, and one digital copy. Plans shall include:

Materials sample board;

Geotechnical report;

Tree removal/alteration permit, or written request for exemption, as applicable;

Current topographic and record of survey;

Story pole plan and certification;

Site photographs;

Demolition plan; and

A conceptual site diagram that demonstrates the feasibility to construct additional dwelling unit(s), if any, as allowed on the project site by illustrating their possible location on the parcel as well as required on-site parking and access. The conceptual site diagram does not grant any rights nor bind any future development of the property. This submittal is applicable only to Planning Commission design review permits which result in a project site developed at less than the maximum density allowed on the respective site. For the purposes of this subsection, accessory dwelling units shall count towards fulfilling the density requirement.

To review and regulate the long-term (three years or more) use of City of Sausalito properties and easements by individual property owners;

To protect the City of Sausalito's interests in City-owned property and easements;

To examine demonstrated physical need by neighboring property owners to use and improve adjacent or nearby publicly owned properties or easements for long-term and short-term private use;

To ensure that permanent and/or semi-permanent private use of City-owned properties or easements will not affect the need for, and use of, public passageways and utilities;

To ensure compatibility of permanent and/or semi-permanent encroachments with the surrounding area;

To ensure land use review of permanent and/or semi-permanent encroachments;

To ensure consistency of encroachments with the general plan, marinship specific plan, other sections of the Municipal Code and applicable plans and ordinances; and

To provide for the necessary removal or termination of any encroachment.

Community Development Director. The following encroachments shall be subject to Community Development Director review and recommendation:

Planning Commission. The Planning Commission shall have the authority to review and make recommendations on the following types of encroachments:

Design Review. Encroachments requiring Planning Commission review and recommendation shall be subject to design review procedures (Chapter 10.54 SMC). Encroachments requiring Community Development Director review and recommendation shall be subject to administrative design review permits (SMC § 10.54.040).

Multiple Applications. When multiple applications are filed for a given development or site, the Community Development Director may schedule a consolidated public hearing before the highest authority required under one or more of the applications.

City Council. The City Council shall have the final decision-making authority to approve encroachment agreements, thereby authorizing the use of City-owned rights-of-way, easements or property.

The proposed encroachment is compatible with the surrounding area and will either improve or not significantly diminish visual or physical public enjoyment of the streetscape upon which the encroachment is proposed.

The encroachment will not adversely affect the usability or enjoyment of adjoining parcels nor create or extend an undesirable land use precedent.

The encroachment is necessary to the reasonable use and enjoyment of the property and the extent of the encroachment is justifiable.

The proposed encroachment will not adversely affect the public circulation nor create or constitute a hazard to public safety.

The value of the proposed improvements will not prejudice a policy decision to terminate the encroachment nor preclude or make difficult the establishment or improvement of streets or pedestrian ways.

To consider the relationship of the project's location to the neighborhood and community as a whole;

To determine if the project's use and location is compatible with the types of uses that are normally permitted in the surrounding area;

To consider the compatibility of the proposed use with the site's characteristics;

To evaluate the adequacy of services and facilities for the proposed use;

To provide opportunity for public review and comment on proposed use; and

To identify conditions and requirements necessary to comply with the basic purposes of this title, the general plan and any applicable specific plan.

The proposed use is allowed with issuance of a minor use permit, pursuant to Chapters 10.20 through 10.28 SMC (Zoning Districts Regulations), Chapter 10.44 SMC (Specific Use Requirements) or any other applicable section of this title.

The proposed use is consistent with the general plan, the purposes of the Zoning Ordinance, and the purposes of the applicable zoning district.

The proposed use, together with the applicable conditions, will not be detrimental to the public health, safety, or general welfare of the City.

The proposed use complies with each of the applicable provisions of the Zoning Ordinance.

The proposed use or facility is properly located relative to the community as a whole and to land uses and transportation and service facilities in the vicinity.

The size and shape of the subject property is adequate to provide features needed to ensure reasonable compatibility with land uses normally permitted in the surrounding area. Features may include but not be limited to yards, open spaces, walls and fences, parking, loading, landscaping, and such features as may be required by this title or the Commission.

Public utilities and facilities are or will be adequate to serve the proposed use, including streets and highways paved (and of adequate width) for the quantity and type of traffic it will generate.

The proposed use will not materially adversely affect nearby properties or their permitted uses.

Findings required by Chapter 10.44 SMC (Specific Use Requirements) for the approval of specific uses are made.

To consider the relationship of the project's location to the neighborhood and community as a whole;

To determine if the project's use and location is compatible with the types of uses that are normally permitted in the surrounding area;

To consider the compatibility of the proposed use with the site's characteristics;

To evaluate the adequacy of services and facilities for the proposed use;

To provide opportunity for public review and comment on the proposed use;

To consider possible impacts (including but not limited to noise, smoke, odor, dust, vibration, radiation) on neighboring sites and residents;

To consider possible hazard from explosion, contamination or fire;

To determine inconvenience, economic loss, or hazard associated with increased traffic and people;

To identify conditions and requirements necessary to comply with the basic purposes of this title, the general plan and any applicable specific plan;

To provide for an approval process for master plans if required by the general plan.

The proposed use is allowed with issuance of a conditional use permit, pursuant to Chapters 10.20 through 10.28 SMC (Zoning Districts Regulations), or SMC § 10.46.040 (Conditional uses), Chapter 10.44 SMC (Specific Use Requirements) or any other applicable section of this title.

The proposed use is consistent with the general plan, the purposes of the Zoning Ordinance, and the purposes of the applicable zoning district.

The proposed use, together with the applicable conditions, will not be detrimental to the public health, safety, or general welfare of the City.

The proposed use complies with each of the applicable provisions of the Zoning Ordinance.

The proposed use or facility is properly located relative to the community as a whole and to land uses and transportation and service facilities in the vicinity.

The size and shape of the subject property is adequate to provide features needed to ensure reasonable compatibility with land uses normally permitted in the surrounding area. Features may include but not be limited to yards, open spaces, walls and fences, parking, loading, landscaping, and such features as may be required by this title or the Commission.

Public utilities and facilities are or will be adequate to serve the proposed use, including streets and highways paved (and of adequate width) for the quantity and type of traffic it will generate.

The proposed use will not materially adversely affect nearby properties or their permitted uses.

Findings required by Chapter 10.44 SMC (Specific Use Requirements) for the approval of specific uses are made.

Conformity with site plan, architectural drawings, or statements submitted in support of the application, or as modified during the review process to protect the public health, safety, and general welfare and secure the objectives of the general plan.

Special yards, open spaces and buffers.

Fences and walls.

Surfacing of parking areas and its specifications.

Street dedications and improvements, including provision of service roads or alleys when practical and necessary dedications of utility easements, sites for public use, and to preserve open space.

Regulation of points of vehicular ingress and egress.

Regulation of signs.

Landscaping and its maintenance. Within the waterfront area east of Bridgeway bounded by El Portal on the south and the north City limits, a maintenance bond shall be required to insure that landscaped areas are maintained for a period of one year from the date of final approval for occupancy.

Maintenance of grounds.

Control of noise, vibration, odors, and other potentially dangerous or objectionable elements.

Limits on time for conduct of certain activities.

Time period within which the proposed use shall be developed.

Conditions addressing the orderly and efficient development of the City and consistency with the interest and purposes set forth in this title and the general plan.

Such guarantees as the Planning Commission deems necessary to ensure compliance with such conditions.

To acknowledge the existence of legally established structures and/or uses that may become nonconforming due to the adoption of the ordinance codified in this title;

To allow the continued use of legally established nonconforming uses as long as the use remains operational and the structure remains;

To provide a permit process to allow for additions or alterations to, and/or replacement of, existing or previously existing nonconforming structures;

To provide a permit process for substituting one nonconforming use with another nonconforming use of similar or less intensive character; and

To provide for replacement of a nonconforming use or structure that was involuntarily vacated and/or demolished.

Existing structures or premises that are utilized for a nonconforming use shall not be enlarged, extended, reconstructed, substituted or structurally altered unless one of the following conditions is met:

A nonconforming use located within any zoning district, which was involuntarily ceased, may be reinstated within one year of the cessation of the use.

A nonconforming use that is changed to a conforming use shall not return to a nonconforming use.

A nonconforming use that is located in a structure listed on the National Register of Historic Places may be allowed to resume if the use was involuntarily ceased and necessary permits are secured.

Nonconforming use of a structure or premises shall not be allowed under the following conditions:

For purposes of this title, a use shall be deemed to have ceased when it has been discontinued either temporarily or permanently, whether with the intent to abandon the use or not.

Substitution, Replacement, Extension. Nonconforming structures may be replicated, replaced, renovated, or expanded consistent with nonconforming zoning entitlement according to only the following specific circumstances:

Permit and Parking Requirements. The table that follows (Table 10.62-1, Parking and Permit Requirements for Nonconforming Structures) summarizes the parking requirements based on the type of demolition (voluntary versus involuntary), amount of demolition (substantial versus partial), and permit required, as outlined in subsection A of this section (Substitution, Replacement and Extension).

Documentation. Documentation of the specific existing or pre-existing structural nonconformity is presented either:

Title XXIV. All replacement structures shall be constructed to meet the current Title XXIV requirements. Replication of structures that are listed on the National Register of Historic Places or on the California Register of Historic Places, or are designated local landmarks or determined to be potential historic resources, shall be constructed to meet the current California Historic Building Code.

Requirements. All replacement structures shall be subject to the requirements of SMC § 10.62.050(A) (Substitution, Replacement, Extension) and 10.62.050(B) (Permit and Parking Requirements).

Applicability. Nonconformity permits shall be required to maintain nonconforming zoning entitlements for the following:

Authority. The Planning Commission may approve, conditionally approve, or deny an application for a nonconformity permit.

Applications. Applications for nonconformity permits shall include all information specified by resolution of the Planning Commission. Submittal shall include a site plan drawn to scale showing locations of all existing and proposed buildings, yards, driveways, and parking areas; floor plans showing the location of uses in the structure; and the required fee. Application procedures and processing timeframes shall be consistent with Chapter 10.50 SMC (Land Use Permit Procedures), State law, and procedural guidelines established by the Community Development Director. Acceptance of an application does not constitute any indication of approval.

Environmental Review. Applications for nonconformity permits shall be subject to environmental review pursuant to SMC § 10.50.080 (Environmental Review) and SMC Title 11 (Environmental Protection).

Public Notice and Hearing. The Planning Commission shall hold a public hearing on an application for a nonconformity permit following completion of a staff report pursuant to SMC § 10.50.090 (Staff report and recommendations). Public hearing shall be noticed and held in accordance with Chapter 10.82 SMC (Public Notice and Hearings).

Conditions of Approval. The Planning Commission may apply reasonable conditions of approval to provide optimal compliance to applicable regulations and to help make findings required by this section.

Findings. As applicable, the Planning Commission may issue a nonconformity permit if all of the following findings can be made:

Notice of Decision. The Planning Commission's decision shall be in the form of a written resolution, which shall include findings on which the decision was based, applicable conditions of approval and a summary of the appeal process. Written decision shall be mailed to the applicant.

Appeals. All decisions of the Planning Commission may be appealed to the City Council within 10 days of the decision date. All appeals shall be filed and processed in accordance with Chapter 10.84 SMC (Appeals).

Effective Date. Nonconformity permits shall become effective at the end of the appeal period, provided no appeal has been filed. While an appeal is pending, the establishment of the proposed structure or use shall be held in abeyance.

Expiration of Permit. Nonconformity permits shall expire two years following the effective date of the permit, unless a different expiration date is stipulated at the time of approval, a construction permit has been issued and construction diligently pursued, or the permit is extended.

To provide an administrative level of review of applications to adjust lot lines between existing legal lots of record;

To ensure adjustment of lot lines between existing legal lots of record does not result in an increased number of lots, nor increased development potential;

To ensure resultant lots and applicable improvements fully comply with SMC Title 11 (Environmental Protection) and this title;

To ensure resultant lots conform to the applicable physical requirements and use regulations of Chapters 10.20 through 10.28 (Zoning Districts Regulations), 10.40 (General Development Regulations), and 10.44 SMC (Specific Use Requirements); and

To prevent an increase of any pre-existing nonconformity to zoning requirements.

Legal descriptions of each of the lots and statements of the areas contained therein.

Title reports verifying the descriptions and vestees, when determined necessary by the Community Development Director.

Preliminary record of survey map prepared by a California-registered civil engineer or land surveyor.

Topographic contour map showing natural grade at two-foot contour intervals.

Zoning and building data map drawn to scale, which may be a copy of the preliminary record of survey map. Map shall show all existing buildings and other structures; all existing and proposed driveways; all existing and proposed parking spaces; all existing and proposed retaining walls; and the location and size of all existing trees that are defined as protected trees by Chapter 11.12 SMC.

No new lots will be created.

Lot line adjustment will not increase development potential of affected parcels.

Resultant lots conform with all applicable requirements of this title, including shape, orientation to public right-of-way, use, open space, setbacks and bulk requirements.

When existing lots do not conform with all applicable physical and use requirements of this title, the resultant lots will not increase pre-existing nonconformities.

Resultant lots will not create new nonconformities with this title.

Resultant lots will be adequate in size and shape to accommodate the uses permitted in the applicable district and all yards, open spaces, walls and fences, vehicular access, parking, landscaping and other features required by this title.

Proposed lots will be compatible with the uses and structures normally permitted in the surrounding area.

The proposed lot line configuration will not adversely affect the abutting property or its permitted use.

The proposed lot lines are properly located relative to the adjoining properties, other properties in the vicinity and the public street right-of-way.

To establish criteria and procedures for the conversion of existing multiple-family rental housing to condominiums, community apartments, stock cooperatives and any other subdivision which is a conversion of rental housing;

To ensure the performance of maintenance responsibilities in condominiums and to avoid public nuisances and hazards to public health and safety in condominiums;

To ensure that rental apartments being converted to condominiums meet physical standards as required by all applicable laws, ordinances and regulations;

To maintain the availability of rental housing and to maintain an adequate supply of moderate income units;

To assure that purchasers of converted housing have been properly informed as to the physical condition of the structure which is offered for purchase;

To provide a balance of ownership and rental housing in Sausalito and a variety of choices of tenure, type, price and location of housing; and

To prevent effectively subdividing or splitting parcels which otherwise do not comply with zoning or subdivision ordinances.

Map showing all common areas and usage of the building, showing the boundaries of all units for informational purposes;

Specific information regarding the demographic characteristics of the project, its current tenants and future occupants, including but not limited to the following:

Physical Elements Report. A report prepared by a registered engineer or architect or licensed qualified contractor describing the physical elements of all structures and facilities. The report shall include, but not be limited to, the following:

A declaration of covenants, conditions and restrictions which would be applied on behalf of any and all owners of condominium units within the project. The declaration shall include, but not be limited to, the conveyance of units; the assignment of parking; an agreement for common area maintenance, including facilities and landscaping, together with an estimate of any initial assessment fees anticipated for such maintenance; description of a provision for maintenance of all vehicular access areas within the project; an indication of appropriate responsibilities for maintenance of all utility lines and services for each unit; a plan for equitable sharing of communal water metering.

Full architectural plans, including floor plans, elevations, site plan, as determined necessary.

Signed copies from each tenant of notice of intent to convert, as specified in SMC § 10.66.130 (Tenant provisions). The subdivider shall submit evidence that a letter of notification was sent to each tenant for whom a signed copy of the notice is not submitted. This requirement shall be deemed satisfied if such notices comply with the legal requirements for service by mail.

Any other information which, in the opinion of the Community Development Department, will assist in determining whether the proposed project will be consistent with the purposes of this article.

Size, age and condition of any building proposed for conversion to condominiums.

Balance between owned and rental units within the community.

Balance between high, moderate and low income housing within the community.

Provisions for relocation of any tenants in a building proposed for condominium conversion, including the time available for such relocation.

The desires and needs of any tenants in a building proposed for condominium conversion, including any desire to either purchase prospective condominium units or maintain rental status.

Possible effect on neighborhood property values and taxes.

Dedication of unused development rights to City to be used for open space dedication.

The Planning Commission has received and reviewed an overall assessment report from the Community Development Department regarding the general condition of all buildings and listing all code violations.

Factors identified in SMC § 10.66.040 (Public notice and hearing) have been fully considered by the Planning Commission.

The condominium project will conform to all applicable laws, ordinances and regulations, including but not limited to those pertaining to housing, building, fire, and subdivision.

The condominium project conforms to the Sausalito General Plan.

The City approves the declaration of restrictions required by California Civil Code Section 1355 for the project, as specified in SMC § 10.66.060 (Conditions of approval).

Approval of the proposed condominium project will not adversely affect the provision of adequate housing for all segments of the community, and adequate replacement housing for displaced tenants is available. The vacancy rate for comparable units shall be considered in evaluating the adequacy of replacement housing.

No deficiency of multiple-family rental housing and two-family rental dwelling units exists within the City of Sausalito, consistent with the housing element.

All provisions of this chapter are met; or

The minimum number of parking spaces required by this chapter is being met, any existing nonconformities are not being increased, and, to the greatest extent practicable, some existing nonconformities are being decreased.

The overall design and physical condition of the condominium conversion achieves a high degree of appearance, quality and safety.

The proposed project will not convert during the current calendar year more than five percent of the potentially convertible rental units in Sausalito for the current calendar year except as otherwise provided in this chapter, consistent with SMC § 10.66.140 (Effect on City's low and moderate income housing supply).

Vacancies in the project have not been intentionally increased for the purpose of preparing the project for conversion.

There has been no new construction over 300 square feet within the past three years.

The project will not result in the eviction of a senior citizen tenant.

The project will not result in a loss of low and moderate income housing stock of the City.

A declaration of restrictions required by California Civil Code Section 1355 shall set forth the occupancy and management policies for the project and shall contain provisions satisfactory to the City regarding the following:

Prior to final map approval, the subdivider shall provide the City with a copy of the proposed budget for maintenance and operation of common facilities including needed reserves. The budget shall show estimated monthly costs to the owner of each unit, projected over a five-year period, or such time as is required by the Department of Real Estate. Such budget shall be prepared or reviewed and analyzed by a professional management firm, experienced with management of condominium complexes. The management firm shall submit a statement of qualifications.

The subdivider shall provide each purchaser with a copy of all submittals (in their final, acceptable form) required by SMC § 10.66.030(C) (Physical Elements Report), 10.66.030(D) (declaration of covenants, conditions and restrictions), and 10.66.030(G) (other information) prior to the purchaser executing any purchase agreement or other contract to purchase a unit in the project, and the developer shall give the purchaser sufficient time to review the information. Copies of the submittals shall be made available at all times at the sales office and shall be posted at various locations, as approved by the City, at the project site. Copies shall also be provided to the homeowners' association upon its formation.

Prior to the close of escrow, the subdivider shall submit the following information to the Community Development Department:

All provisions of the Sausalito Municipal Code shall be met. Any violations shall be corrected prior to the approval of the final or parcel map, or, upon approval of the Community Development Department, funds shall be secured as provided by SMC § 10.50.190 (Security for performance) to assure completion of such corrective work.

A physical inspection of each unit shall be completed prior to final map approval to ensure compliance with the housing code.

The following physical standards shall be met:

Five or More Existing Dwelling Units. The following conditions shall also apply to condominium conversions affecting five or more existing dwelling units:

The application for an amendment shall include a plan showing all common areas and usage of the building and showing the boundaries of all units for informational purposes.

The proposed changes must be consistent with all applicable provisions of this title.

The application shall include a demonstration to the satisfaction of the Community Development Director that the condominium homeowners' association, as well as the record owner and all record holders of security interests in the condominium unit, have reviewed and consented to the proposed changes.

Within 30 days of recordation as provided by California Civil Code Section 1351, a copy of the condominium plan or amendment to the condominium plan shall be filed with the City.

The developer will provide for a significant increase in housing for low and moderate income households or senior citizen households over and above the provisions of this chapter.

The developer will provide for the construction of new rental housing.

The developer will donate an acceptable site or an acceptable amount of funds to the City for construction of new rental or senior citizen housing.

To establish regulations for the processing of hotel-condominium permits and the operation of hotel-condominiums;

To ensure that hotel-condominiums are operated and governed in the same manner as conventional hotels, and that such facilities are not used for residential purposes;

To ensure the maintenance and upkeep of converted structures to avoid public nuisances and hazards to public health and safety;

To ensure that structures converted to hotel-condominiums meet physical standards as required by all applicable laws, ordinances and regulations; and

To ensure that the purchasers of the hotel-condominium units have been properly informed as to the physical condition of the structure that is offered for purchase.

A map showing all common areas and usage of the building, showing the boundaries of all units for informational purposes.

A physical elements report prepared by a registered engineer or architect or licensed, qualified contractor describing the physical elements of all structures and facilities. The report shall include, but not be limited to, the following:

Full architectural plans, including floor plans, elevations and site plan, as determined necessary by the Community Development Director.

Any other information that, in the opinion of the Community Development Director, will assist in determining whether the proposed project will be consistent with the purposes of this chapter.

The Planning Commission has received and reviewed the physical elements report regarding the general condition of all buildings and listing all code violations.

The project will conform to all applicable laws, ordinances and regulations, including but not limited to those pertaining to building, fire, subdivision and formula retail (SMC § 10.44.240).

The project is consistent with the Sausalito General Plan.

All provisions of this chapter are met, or, alternatively, the parking requirements for hotel-condominiums are met, any existing nonconformities are not increased, and, to the greatest extent practicable, existing nonconformities are decreased.

The overall design and physical condition of the project achieves a high degree of appearance, quality and safety.

Covenants, Conditions and Restrictions (CC&Rs). CC&Rs and all other agreements, including but not limited to property owner's association agreements, and hotel management agreements, relating to a hotel-condominium project shall be submitted for review and approval by the Community Development Director and City Attorney to ensure that: (1) the long-term maintenance and operation of the hotel-condominium are in accordance with this chapter and the terms of the hotel-condominium conversion permit; (2) all units, except for the resident manager unit prescribed in subsection F of this section, remain available for occupancy by transients (as defined in SMC § 10.88.040); (3) except for ownership interests held by a corporation, limited liability company, limited partnership, general partnership or similar entity, or a tenancy-in-common or joint tenancy (which shall be treated as a single entity), the ownership interest in any individual unit or units shall not be divided by any form of fractional ownership, including, without limitation, a timeshare; (4) no storage or long-term parking of vehicles or other items (except for storage facilities provided in individual units) shall be allowed; and (5) notice is provided to future purchasers of the City's right to enforce the CC&Rs and all other agreements. Any future amendments to such documents shall be subject to review and approval by the Community Development Director and City Attorney.

Owner's Association. All hotel-condominium projects shall require the establishment of a property owner's association (a "POA") to oversee the maintenance and operation of the hotel-condominium and its services. The structure and responsibilities of the POA shall be approved by the Community Development Director and the City Attorney and shall comply with all applicable regulations of the California Department of Real Estate.

Guest Management Entity. All hotel-condominium projects shall require the POA to hire a hotel management entity to manage and operate the hotel-condominium and its services as a single hotel facility. The POA shall submit a letter identifying the hotel management entity and its professional qualifications to the Community Development Director and City Attorney. The hotel management entity shall: (1) provide transient guest services to all owners of the hotel-condominium units; (2) be the sole entity to manage and operate the reservations of individual hotel-condominium units; and (3) be responsible for collection of the transient occupancy tax. All unit owners shall be required to participate in the reservation program provided by the hotel management entity. The management and operations of a hotel-condominium shall be subject to compliance with SMC § 10.44.240 (Formula retail).

Enforcement and Inspection. The POA and the hotel management entity shall have the right, power and obligation to enforce the terms set forth by the CC&Rs and all other agreements, together with the terms of the hotel-condominium conversion permit and any other permits issued by the City for the site. This includes, without limitation, the right to enter any portion of the hotel-condominium, including individual units, to cure any failure or defect in order to satisfy such terms. In addition, all hotel-condominium facilities, including individual units, shall be subject to inspection upon reasonable notice by the Community Development Department to ensure compliance with the terms of any use permits issued for the hotel-condominium, the terms of this chapter, and all other applicable laws and regulations.

Occupancy and Rates. Units shall be available for transient occupancy by the general public at all times, and shall not be used for purposes that are not subject to the transient occupancy tax (TOT). Occupancy by unit owners or their designees shall be limited to no more than 28 days per calendar year per unit. Any such occupancy shall be subject to the TOT in accordance with Chapter 3.12 SMC. Calculation of the TOT for unit owners or their designees shall be based on the same reservation/guest rates as utilized for the general public.

Resident Manager. Notwithstanding the terms of this chapter, a hotel-condominium facility may contain one unit that may be used on a full-time basis by a resident manager(s), and, if applicable, such unit shall be subject to the governance of the POA and the hotel management entity.

Reservation System. All hotel-condominium facilities shall provide a central reservation system for the reservation of units as an integral part of hotel-condominium services.

Furnishings and Utilities. All hotel-condominium facilities shall contain a central lobby with a front desk and/or reservation desk. All units within the hotel-condominium facility shall contain and maintain standardized furniture, furnishings, and decor, and shall be served by centrally metered utility services, including, but not limited to, telephone and cable services. No units shall contain a kitchen or any lockable storage closet or cabinet unless access to such closet or cabinet is uniformly provided to all hotel-condominium occupants.

Parking. Parking shall be provided in accordance with the requirements of SMC § 10.40.100 (Parking standards); in addition, owners shall not be allowed to store vehicles.

Utility Undergrounding. Utilities serving the structure(s) shall be undergrounded in accordance with Chapter 18.08 SMC from the meter to the distribution lines.

Physical Condition. The project shall conform to the applicable standards of SMC Title 8 regarding Uniform Construction Codes in effect on the date the last construction permit was issued for the subject structure or structures, except as herein provided:

Signage. Any signage for the hotel-condominium shall conform to the requirements of Chapter 10.42 SMC.

Financial Records. The financial records of the hotel-condominium pertaining to the usage of each unit, including any occupancy by owners or their designees, shall be open for inspection by authorized representatives of the City, upon reasonable notice, in order to ensure compliance with the Sausalito Municipal Code.

Additional Terms and Conditions. In addition to the regulations set forth in this chapter, the City may impose additional terms and conditions on the hotel-condominium conversion permit as is deemed necessary to further the goals of this chapter and the Sausalito Municipal Code.

Compliance with Law. It shall be the responsibility of the applicant for a hotel-condominium project, as well as the unit owners, the POA, and the rental management entity, to comply with the requirements of this chapter, as well as other applicable Federal, State and local laws and regulations.

To provide relief from the strict application of the Zoning Ordinance when special circumstances apply to the property, including size, shape, topography, location or surroundings, and the strict application of the Zoning Ordinance deprives such property of privileges enjoyed by other property in the vicinity and under the identical zoning district; and

To ensure conditions are applied so that the adjustment authorized does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated.

Reduce the minimum lot area required for a new land division by Chapters 10.20 through 10.28 SMC (Zoning Districts Regulations) such that the project would increase densities above those specified by the general plan; or

Waive any other requirement of this title or SMC Title 9 (Subdivisions) related to general plan consistency and other subdivision map requirements; or

Authorize land uses other than those identified as allowed in the particular zoning district by Chapters 10.20 through 10.28 SMC (Zoning Districts Regulations), as required by California Government Code Section 65906.

There are exceptional or extraordinary circumstances or conditions applying to the property involved or to the intended use of the property that do not apply generally to other property or uses in the same district.

Owing to such exceptional or extraordinary circumstances the literal enforcement of the provisions of the title would result in practical difficulty or unnecessary hardship.

Such variance is necessary for the preservation of a substantial property right of the petitioner, possessed by other property in the same district.

The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvement in the vicinity or in the district in which the subject property is located.

The granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zoning district.

The granting of such variance will be in harmony with the general purpose and intent of this title and the general plan.

This chapter applies to the permitting of all small residential rooftop solar energy systems in the City.

Small residential rooftop solar energy systems legally established or permitted prior to the effective date of the ordinance codified in this chapter are not subject to the requirements of this chapter unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements are not covered under this chapter.

All small residential rooftop solar energy systems shall meet applicable health and safety standards and requirements imposed by the State and the City, local Fire Department, and all other applicable laws and regulations.

Small residential rooftop solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code.

Small residential rooftop solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories, and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

All documents required for the submission of an expedited small residential rooftop solar energy system application shall be made available on the publicly accessible City website.

Electronic submittal of the required permit application and documents by email and/or facsimile shall be made available to all small residential rooftop solar energy system permit applicants.

An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.

The City's Building Department shall adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review.

The small residential rooftop solar energy system permit process, standard plan, and checklist shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research, as may be amended from time to time.

All fees prescribed for the permitting of small residential rooftop solar energy systems must comply with Cal. Gov't Code §§ 65850.55, 66015, and 66016, and Cal. Health and Safety Code § 17951.

The City Building Department shall adopt an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems on or before September 30, 2015. Upon receipt of a complete application that satisfies the requirements of the approved checklist and standard plan, the Building Department shall issue a building permit or other nondiscretionary permit the same day for over-the-counter applications, and within one to three business days for electronic applications. A Building Official may require an applicant to apply for a use permit if the Official finds, based on substantial evidence, that the small residential rooftop solar energy system could have a specific, adverse impact upon the public health and safety. Such decisions may be appealed to the City Planning Commission, and subsequently to the City Council as applicable.

Review of an application and/or appeal of a use permit pursuant to this section shall be limited to a review of whether the application meets local, State, and Federal health and safety requirements.

If a use permit is required, a Building Official may deny an application for the use permit if the Official makes written findings based upon substantive evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid, as defined, the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. Such decisions may be appealed to the City Planning Commission, and subsequently to the City Council as applicable.

Any condition imposed on the approval of an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest reasonable cost.

A city shall not condition approval of an application on the approval of an association, as defined in Cal. Civil Code § 4080.

If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.

Only one inspection shall be required and performed by the City Building Department for small residential rooftop solar energy systems eligible for expedited review. A separate fire inspection may be performed by the Sausalito Fire Department.

The inspection shall be done in a timely manner and include consolidated inspections where feasible. An inspection shall be scheduled within two business days of a request and provide a two-hour inspection window.

If a small residential rooftop solar energy system fails inspection, a subsequent inspection may be performed, but need not conform to the requirements of this chapter.