Adopt, reject or modify amendments to the general plan.

Adopt, reject or modify specific plans, planned development plans and amendments to specific plans, planned development plans, the official zoning map, and the zoning code.

Approve, reject, modify or amend development agreements.

Consider appeals of conditional use permits, variances and any other permits that can be appealed pursuant to Title 1: General Provisions, Chapter 1.20: Review of Quasi-Judicial Decisions.

Decide appeals on environmental determinations by the director or the planning commission.

Recommend to the city council amendments to the general plan.

Recommend to the city council specific plans, planned development plans and amendments to specific plans, planned development plans, the official zoning map, or the zoning code.

Recommend development agreements and amendments thereto.

Approve, conditionally approve, modify, or disapprove conditional use permits, variances, and requests for reasonable accommodation.

Revoke conditional use permits, variances, or other zoning permits.

Decide appeals on director decisions as listed in Table 11.5.05.025: Review Authority.

Make environmental determinations on any commission approvals that are subject to environmental review under the California Environmental Quality Act.

Determine incentives for eligible developers proposing affordable housing.

Make other decisions delegated by the city council.

Issue written regulations for the administration of this zoning code.

Determine if applications are complete and may be accepted for processing.

Review projects for compliance with the California Environmental Quality Act ("CEQA"). The director shall:

Approve administrative modifications to the discretionary permits and other types of approvals listed in Chapter 11.5.25: Director Determinations.

Grant the minor modifications listed in Chapter 11.5.25: Director Determinations, Section 11.5.25.020: Minor Modifications.

Determine whether applications would require a zoning change or amendment to the general plan.

Determine zoning conformance pursuant to Chapter 11.5.25: Director Determinations, Section 11.5.25.010: Zoning Conformance Review Procedures.

Interpret the zoning code upon request.

Verify zoning regulations, the scope and viability of previously issued permits and other matters related to the applicability of city regulations on an application.

Make any other determinations listed in Table 11.5.05.025: Review Authority.

Forward commission requests to initiate general plan amendments, specific plans, specific plan amendments to the city council for concurrence.

The director may refer any request to the commission for a decision. Additional fees shall not be charged to the applicant in the event of a director's referral.

Applicants. The following persons may file applications:

Application Forms and Supporting Materials.

Payment, Waiver and Refund of Application Fees.

The applicant shall submit the fee established pursuant to Municipal Code Title 1: General Provisions, Section 1.10.055: Fees for Applications and Appeals and any materials requested by the director.

Submission of materials for pre-application review shall not be considered an application for a development project under the terms of the Permit Streamlining Act (PSA) or California Environmental Quality Act (CEQA) and shall not trigger any obligation on the part of the city to act on any project within a specified period of time.

An applicant may request, or the director may recommend, preliminary review by the planning commission. Any recommendations that result from such review shall be considered advisory only and shall not be binding on either the applicant or the city.

Following pre-application review, staff shall provide the applicant with a written summary of the procedures and requirements applicable to the potential project.

The director shall determine whether an application is complete within 30 days of the date the application is filed with all required fees.

If an application is incomplete, the director shall provide written notification to the applicant listing the applications for permit(s), forms, information and any additional fees that are necessary to complete the application. If the applicant fails to correct the specified deficiencies within 30 days of notification, the director shall deem the application withdrawn and will return it to the applicant.

The director shall document the date the application is deemed complete, schedule any required public hearing, and notify the applicant of the date and time of the hearing.

The director may, upon written request and for good cause, grant extensions of any time limit imposed by this zoning code.

Mailed Notices, Minor Use Permit Matters. At least 10 days before taking action on a minor use permit that can be issued without a public hearing, the city shall provide notice by first class mail to:

Mailed Notices, Public Hearing Matters. At least 10 days before the date of the public hearing, the city shall provide notice by first class mail to:

Additional Hearing Notice. In addition to providing mailed notice pursuant to subsection B of this section, the city shall provide notice within 10 days of the hearing by publication in at least one newspaper of general circulation.

Alternate Method for Large Mailings. If the number of owners to whom notice would be mailed or delivered is greater than 1,000, instead of mailed notice required in subsection B, the city may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation at least 10 days prior to the hearing.

Contents of Notice. The notice shall include the following information:

Public Hearings.

Decision. The decision-maker shall take action within 30 days of the conclusion of the public hearing.

Notice of Decision. The city shall notify the applicant of the decision. Such notice may be in the form of a planning commission or city council resolution, a city ordinance or other written document. The city clerk shall mail such notice to the applicant at the mailing address stated in the application and to any other person or entity who has filed a written request of such notification with the city.

Any approval permits only those uses and activities specifically proposed in the application. Unless otherwise specified therein, the approval of a use shall terminate all rights and approvals for previous uses no longer occupying the same site or location.

Unless otherwise specified or required by the city, the applicant must develop, maintain and operate the project in substantial compliance with the site plan, floor plans, building elevations and/or any additional information or representations, indicating the proposed structure or manner of operation, submitted during the processing of the application. Any approval may be subject to a condition that the permittee ensures compliance with the submitted plans and conditions imposed thereon and acknowledges that inconsistency with the application, submitted plans and conditions invalidates the entitlement.

Any land use entitlement is subject to, and shall comply with, all applicable city ordinances, resolutions or regulations, laws and regulations of other governmental agencies and conditions imposed thereon.

Approvals may be subject to periodic review to determine compliance with the permit and conditions. If a condition specifies that activities or uses allowed under a discretionary permit are subject to periodic reporting, monitoring, or assessments, it shall be the responsibility of the permit holder, the property owner or successor property owners to comply with such conditions.

Appealable Decisions. No building permit or business license shall be issued for any project where a permit is subject to appeal until the 11th day following the date of the action on the permit.

Ordinances. No building permit or business license shall be issued for any project where an ordinance is required until the effective date of the ordinance.

Automatic Lapse. The entitlements conferred by any permit granted pursuant to this zoning code expire if not exercised or extended within one year of issuance.

Extension. The director may approve a single one-year extension of any land use entitlement upon receipt of a written application with the required fee prior to expiration of the permit. The planning commission may approve any other extensions.

Lapse by Written Notice. The director may declare that any permit has lapsed by providing 15 days written notice to the permit holder. The permit holder may seek reinstatement of the permit by filing a request with the planning commission within 10 days of the date of the notice. The commission shall hold a public hearing to consider the request.

Procedure and Notification. The city may revoke any permit if the use or operation violates any of the permit's terms or conditions or any law or ordinance. The planning commission shall hold a public hearing. The city shall provide written notice to the permit holder at least 10 days before the public hearing that includes:

Public Notification. The city shall provide the same public notice of the hearing that is required for the permit that is proposed for revocation.

Conduct of Public Hearing. The public hearing shall be conducted in the same manner as for the permit that is proposed for revocation.

Required Findings. The planning commission may revoke or modify the permit if it makes any of the following findings:

Notice of Action. In the event the planning commission revokes, modifies or imposes additional conditions on a permit, the commission shall adopt a resolution containing its determinations and findings. The city shall mail a copy of the resolution to the permit holder and to any person requesting notice of the action and provide the city council with a copy of the resolution prior to its next regular meeting.

Appeals. Any person may appeal the planning commission's action pursuant to Title 1: General Provisions, Chapter 1.20: Review of Quasi-Judicial Decisions, in which case the city council shall be the hearing officer as that term is used in Title 1: General Provisions, Chapter 1.20: Review of Quasi-Judicial Decisions.

Form and Amount of Security. The required security shall be in a form approved by the director and city attorney. The amount of security shall be as determined by the director to be necessary to ensure proper completion of the work and/or compliance with conditions of approval.

Security for Maintenance. In addition to any improvement security required to guarantee proper completion of work, the director may require security for maintenance of the work, in an amount determined by the director to be sufficient to ensure the proper maintenance and functioning of improvements.

Duration of Security. Required improvement security shall remain in effect until final inspections have been made and all work has been accepted by the director, or until any warranty period required by the director has elapsed. Maintenance security shall remain in effect for one year after the date of final inspection.

Release or Forfeit of Security.

Ordinance or Resolution Required. The city council shall adopt specific plans, development agreements, planned development plans and amendments to the official zoning map, zoning code, specific plans, development agreements and planned development plans by ordinance. The city council shall adopt the general plan, and amendments thereto by resolution.

Initiation. The city council may initiate the legislative actions governed by this chapter. The planning commission, city manager or the director may initiate zoning text amendments, subject to city council concurrence. A person who has a legal or equitable interest in real property may apply for legislative actions to facilitate development of that property. The applicant shall submit proof of legal or equitable interest and of the authority of any agent to act on behalf of the applicant.

Annual Review and Schedule for General Plan Amendments. The planning commission shall establish a schedule for considering general plan amendments in compliance with the requirements of state law. At least one public hearing per year shall be scheduled to review the general plan and the schedule.

Application. The owner shall submit an application for each action governed by this chapter in accordance with Section 11.5.10.010: Application Forms and Fees.

Coordination of Multiple Applications. The director may require that any applications affecting the same property be processed concurrently. An application for legislative action is not a development project within the meaning of the Permit Streamlining Act (PSA) and thus such applications shall not be subject to the time limits specified therein for processing development project applications. Any PSA time periods applicable to applications for development projects processed concurrently with applications for legislative action do not commence until the effective date of the legislative action.

Initial Review. The director shall review each application to determine whether it is complete in accordance with Section 11.5.10.020: Review of Applications. If the application is complete, the director shall determine whether an initial study, negative declaration, environmental impact report, or other environmental documentation is required in compliance with applicable state and local requirements.

Preliminary Planning Commission or Council Review of General Plan Amendments, Specific Plans or Specific Plan Amendments. The director may recommend preliminary review by the planning commission or the city council of any general plan amendments, specific plans, or specific plan amendments.

Coordination with General Plan Amendment Schedule. General plan amendments shall be scheduled in accordance with the city's annual general plan amendment schedule.

Coordination of Notices. The public hearing notice shall identify each proposed action to be considered at the public hearing.

Notice to Affected Service Providers. At least 10 days prior to the date of the public hearing, notice shall be sent to the Los Alamitos Unified School District and any other agency expected to provide essential facilities or services to the property that is the subject of the proposed action.

Notice of Intent to Approve Development Agreement. The city shall publish a notice of intent to consider adoption of a development agreement pursuant to Government Code Sections 65864 et seq., as may be amended from time to time.

Planning Commission Hearing and Action.

City Council Hearing and Action.

Development agreements provide a greater degree of certainty by granting assurance that an applicant may proceed with development in accordance with policies, rules, and regulations in effect at the time of approval subject to conditions to promote the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance and protect the environment are achieved. A development agreement constitutes a contract, negotiated and voluntarily executed by the city and applicant that may contain any conditions, terms or provisions agreed upon by the parties.

The owner may request that the city treat an application for a development project as a development agreement application.

In addition to the processing fees set forth in Section 11.5.10.010: Application Forms and Fees, an owner shall deposit money with the city to pay all fees, costs, expenses and charges for: the filing and processing of the application; the administration of approved development agreements, including annual reviews; and any consultant fees and legal fees and costs incurred by the city in connection with the processing of applications and annual reviews.

The city council shall not approve a proposed development agreement unless it finds that its provisions are consistent with the general plan and any applicable specific plan. This requirement may be satisfied by a finding that the provisions of a proposed development agreement are consistent with proposed general plan or specific plan provisions which are to be adopted concurrently with the approval of the proposed development agreement. A finding of consistency may be made if, considering the general plan and/or specific plan as a whole and balancing competing provisions as appropriate, the city determines that the proposed development agreement does not conflict with the provisions of the general plan and/or specific plan.

Contents. A development agreement:

The procedures for enforcement, amendment, modification, cancellation or termination of a development agreement specified in this section and in California Government Code Section 65865.4 or any successor statute, are non-exclusive. A development agreement may be enforced, amended, modified, canceled or terminated by any manner otherwise provided by law or by the provisions of the development agreement.

Within 10 days after the ordinance approving the development agreement takes effect, the city manager shall execute the development agreement on behalf of the city, and the city clerk shall record the development agreement with the county recorder.

If the parties to the agreement or their successors in interest amend or cancel the development agreement, or if the city terminates or modifies the development agreement for failure of the applicant to fully comply with its provisions, the city clerk shall record notice of such action with the county recorder.

Annual Review, Amendment or Cancellation. The director shall review each approved development agreement at least once a year at which time the applicant shall be required to demonstrate compliance with the provisions of the development agreement.

Termination or Modification After Finding of Noncompliance. If applicant does not comply with any required measures within the deadline, the director may refer the development agreement to the city council for termination or modification. The city council shall conduct a public hearing in compliance with the provisions of Chapter 11.5.10: General Procedures; such hearing may be combined with any hearing or appeal regarding the development agreement. After the public hearing, the city council may: terminate the development agreement; modify the finding of noncompliance; impose additional compliance measures; or rescind the finding of noncompliance and issue a finding of compliance.

Termination or Modification by Mutual Consent. The parties may terminate or modify a development agreement by mutual consent. A development agreement may also specify procedures for director approval of amendments requested by the applicant.

Rights of the Parties After Termination. In the event that a development agreement is terminated, all rights of the applicant, property owner, or successors in interest under the development agreement shall terminate. If a development agreement is terminated following a finding of noncompliance, the city may, in its sole discretion, keep any benefit, including reservations or dedications of land, and payments of fees, received by the city.

Effect of Development Agreement.

Minimum Area. The minimum area for an area proposed for a specific plan shall be 2.5 acres.

Development Standards and Regulations. All property, uses and development within a specific plan's area shall conform to the development standards and regulations and any provisions of that specific plan. Whenever the city adopts a specific plan relating to the development of a designated area of the city, as that term is used in Section 65450 et seq. of the Government Code of the State of California, as may be amended, the provisions and specifications of such an adopted specific plan shall supersede any conflicting provisions of this title without regard as to whether the provisions and specifications of such specific plan are more or less stringent than the provisions of this title.

Special Factors in Determining Specific Plan Standards. Prior to approving a specific plan or an amendment to a specific plan, particular care must be exercised in the establishment of building height development standards for each specific plan under the provisions of Section 11.3.25.010A. Factors to be carefully weighed shall include, but not be limited to, the planning district in which the specific plan is to be located, the former zoning of the specific plan site, height of existing buildings immediately surrounding the specific plan site and the effect of the building height on the areas surrounding the specific plan site. No building within the SPR Zone shall exceed a height of 39 feet, except for nonhabitable architectural features of any proposed buildings, in that portion of the city known as the coastal zone as defined by the California Coastal Act, or north of the San Diego Freeway, except such portions thereof which are zoned LM, Light Manufacturing, on October 14, 1985. The provisions of this section shall not apply to any validly existing specific plan approved by the city prior to October 14, 1985.

Minor Use Permits. The planning commission may issue minor use permits for certain uses identified in Parts II and III: Base District and Overlay District Regulations and Part IV: Regulations Applying in Some or All Districts, that are generally non-controversial but still require special consideration to ensure that they can be designed, located, and operated in a manner that will be compatible with surrounding uses and not interfere with the use and enjoyment of surrounding properties.

Conditional Use Permits. The planning commission may issue conditional use permits for certain uses identified in Parts II and III: Base District and Overlay District Regulations and Part IV: Regulations Applying in Some or All Districts, that require special consideration to ensure that they can be designed, located, and operated in a manner that will be compatible with surrounding uses and not interfere with the use and enjoyment of properties in the vicinity.

Variances. The planning commission may issue variances to adjust dimensional and performance standards, subject to the following:

Application Forms and Fees. Applicants for minor use permits, conditional use permits, and variances shall file an application with the director in accordance with the application procedures in Section 11.5.10.010: Application Forms and Fees.

Notice. The city shall provide notice for minor use permits, conditional use permits, and variances in accordance with Section 11.5.10.025: Public Notification.

Decisions on Minor Use Permits. The planning commission shall conduct a hearing for any application for a minor use permit. After the hearing is closed, the commission shall adopt a resolution approving, conditionally approving or denying the application.

Decisions on Conditional Use Permits and Variances. The planning commission shall conduct a public hearing for any application for a conditional use permit or variance. After the hearing is closed, the commission shall adopt a resolution approving, conditionally approving or denying the application.

Findings for Approval of Use Permit. A use permit shall only be granted if the reviewing body finds, based upon evidence presented at the hearing, the proposal as submitted, or as modified, conforms to all of the following criteria as well as to any other special findings required for approval of use permits in specific zoning districts:

Findings for Approval of Variance. A variance shall only be granted if the planning commission finds, based upon evidence presented at the hearing:

Conditions. In approving a use permit or variance, the reviewing body may impose any reasonable conditions to:

Types of Conditions. The reviewing body may impose reasonable conditions including but not limited to:

Appeals.

Expiration, Extension, and Modifications. The regulations concerning expiration, extension, and modifications are found in Chapter 11.5.10: General Procedures.

Application. Prior to obtaining any business license, permit or other approval, the applicant shall request the director to determine whether the proposed development, use, structure, or change in use complies with all provisions of the zoning code, any applicable land use entitlement, and all conditions thereto.

Application Forms and Fees. The applicant shall submit the application and pay processing fees in accordance with the provisions set forth in Section 11.5.10.010: Application Forms and Fees. The director may request the applicant submit plans and related materials necessary to show that the proposed development, use, structure or change complies with the zoning code, findings required by Section 11.5.20.020: Required Findings, and the requirements and conditions of any applicable land use entitlement. Required development plans shall be drawn to scale and shall indicate clearly and with dimensioning the following information:

Applicability. The director shall determine whether the zoning code allows the proposed development, use or structure by right. No zoning conformance approval shall be required for continuations of previously approved or permitted uses and structures, uses and structures which are not subject to any building or zoning code regulations, or other uses or structures subject to other land use entitlement review.

Required Findings by Director. Prior to such determination, the director shall find:

Issuance of Zoning Conformance. The director shall serve the applicant with a written determination within 30 days of a complete submittal. The director shall issue a zoning conformance upon determining that the proposed business license, permit or approval is allowed as a matter of right by the zoning code, and conforms to all the applicable development and use standards therein. An approved zoning conformance may include attachments of other written or graphic information, including but not limited to, statements, numeric data, site plans, floor plans and building elevations and sections, as a record of the proposal's conformity with the applicable regulations of this zoning code. Other forms of approval may be in the form of a stamp, city staff signature, or other official notation on approved plans, a letter to the applicant, or other certification, at the discretion of the director.

Minor Use Permit Required in Certain Circumstances. Prior to the commencement of any temporary use, the director may require a minor use permit application if the director finds that the temporary use may have detrimental impacts, such as noise or traffic impacts, that should be reviewed pursuant to the provisions of Chapter 11.5.20: Development Permits.

No Minor Use Permit Required. Minor use permits shall not be required for the following types of temporary uses:

Director Decision. The director may approve or conditionally approve an application for temporary uses if the proposed temporary use will not:

Application. An application for a temporary use shall be submitted at least 45 days before the use is intended to begin. The application shall be on a form issued by the director and shall include the written consent of the owner of the property on which the use is proposed.

Conditions of Approval. The director may impose any reasonable conditions, including but not limited to: regulating vehicular ingress and egress and traffic circulation; regulating lighting; regulating hours and/or other characteristics of operation; requiring submission of final plans to ensure compliance with conditions of approval; and other necessary conditions.

Minimum Conditions. In approving a temporary use, the director shall at a minimum impose the following conditions if applicable:

Minor Modifications May Be Granted. Minor modifications from the strict application of the dimensional requirements of the zoning code and minor changes in the use or structure for which a permit has been issued, may be approved as provided by this section. Only the following types of modifications shall be approved:

Application. An application for a minor modification shall be filed with the director in accordance with the application procedures set forth in Chapter 11.5.10: General Procedures. The application shall state in writing the nature of the minor modification requested and explain why the findings necessary to grant the minor modification are satisfied. The applicant shall also submit plans delineating the requested minor modification. The application shall be accompanied by a fee as established by the master fee schedule.

Simultaneous Processing. If a request for a minor modification is being submitted in conjunction with an application for another approval, permit, or entitlement under this zoning code, it shall be heard and acted upon at the same time and in the same manner as that other application.

Commission Determinations. The planning commission may approve minor modifications by minor use permit, pursuant to the provisions of Chapter 11.5.20: Development Permits.

Referral of Applications to Planning Commission. The director may refer any request for a minor modification to the planning commission for a determination of whether to grant the application.

Findings. No minor modification shall be approved unless all of the following findings can be made based on substantial evidence in the record:

Conditions of Approval. In approving a minor modification from the requirements of this zoning code, the director or the planning commission may impose conditions pursuant to Section 11.5.20.025: Conditions of Approval.

Notification of Director Decisions. The director shall provide written notification to the city council and planning commission within 3 days of approving, conditionally approving, or disapproving a request for a minor modification.

Director Actions. Any person may appeal the director's action pursuant to Title 1: General Provisions, Section 1.20.005: Administrative Review, in which case the planning commission shall be the hearing officer as that term is used in Section 1.20.005: Administrative Review.

Commission Actions. Any person may appeal the planning commission's action pursuant to Title 1: General Provisions, Section 1.20.005: Administrative Review, in which case the city council shall be the hearing officer as that term is used in Section 1.20.005: Administrative Review.

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

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

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

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

Director to Decide. The director shall issue a written determination to approve, conditionally approve, or deny a request for reasonable accommodation, and the modification or revocation thereof in compliance with subsection B of this section. The reasonable accommodation request shall be subject to appeal procedures prescribed in Section 11.5.25.025.

Required Findings. The written decision to approve, conditionally approve, or deny a request for reasonable accommodation shall be based on the following findings, all of which are required for approval:

Alternative Reasonable Accommodations. In making these findings, the decision-maker may approve alternative reasonable accommodations which provide an equivalent level of benefit to the applicant.

Consideration Factors. The city may consider, but is not limited to, the following factors in determining whether the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling:

Consideration Factors—Fundamental Alteration to Zoning Program. The city may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the city's zoning program:

Coastal Zone Properties. For housing located in the coastal zone, a request for reasonable accommodation under this section may be approved by the city if it is consistent with the requisite findings set forth in Section 11.5.30.020.B: Required Findings, with Chapter 3 of the California Coastal Act of 1976, and with the Interpretative Guidelines for Coastal Planning and Permits as established by the California Coastal Commission dated February 11, 1977, and any subsequent amendments, and the city's adopted Local Coastal Program.

Rules While Decision is Pending. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

Effective Date. No reasonable accommodation shall become effective until the decision to grant such accommodation shall have become final by reason of the expiration of time to make an appeal. In the event an appeal is filed, the reasonable accommodation shall not become effective unless and until a decision is made by the city council on such appeal, pursuant to the provisions of Section 11.5.20.030: Appeals—Expiration and Extensions.

Expiration. Any reasonable accommodation approved in accordance with the terms of this chapter shall expire within 24 months from the effective date of approval or at an alternative time specified as a condition of approval unless:

Time Extension. The planning commission may approve a single one-year time extension for a reasonable accommodation for good cause. An application for a time extension shall be made in writing to the director no less than 30 days or more than 90 days prior to the expiration date.

Time Extension Notice. Notice of the planning commission's decision on a time extension shall be provided as specified in Section 11.5.10.025.A: Mailed Notices, Minor Use Permit Matters. All written decisions shall give notice of the right to appeal and to request reasonable accommodation in the appeals process as set forth in Section 11.5.30.025 of this chapter.

Appeal of Determination. A time extension for a reasonable accommodation shall be final unless appealed within 10 calendar days of the date of the adoption of the written determination of the approving body. An appeal shall be made in writing and shall be noticed and heard pursuant to the procedures established in Section 11.5.10.025.A: Mailed Notices, Minor Use Permit Matters.

Violation of Terms. Any reasonable accommodation approved in accordance with the terms of this code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith.

Discontinuance. A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for 180 consecutive days. If the persons initially occupying a residence vacate, the reasonable accommodation shall remain in effect only if the director determines that: (1) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the code, and (2) the accommodation is necessary to give another disabled individual an equal opportunity to enjoy the dwelling. The director may request the applicant or his or her successor in interest to the property to provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within 10 days of the date of a request by the city shall constitute grounds for discontinuance by the city of a previously approved reasonable accommodation.

Revocation. Any revocation shall be noticed and heard pursuant to the procedures established in Section 11.5.10.060: Revocation of Permits.

Purpose. This chapter establishes procedures the city will use for conducting environmental review to meet requirements of the California Environmental Quality Act (CEQA), the National Environmental Policy Act (NEPA), and other relevant and applicable federal, state, and local environmental laws and regulations for projects subject to the provisions of this zoning code. These provisions are intended to insure that responsible decision-makers and the public are informed about the potentially significant environmental effects of proposed activities and that environmental review is integrated with the discretionary review provisions to promote incorporation of environmental considerations into the design, planning, and review of projects.

Applicability. The procedures shall apply to all projects sponsored or assisted by the city and all private projects requiring any discretionary approvals from the city including private projects involving funding or any other form of participation by a federal agency, if the federal agency requires the city to conduct environmental review in compliance with NEPA. In the event of a conflict between these environmental review regulations and applicable federal or state regulations or guidelines, the applicable federal or state regulations shall prevail. These provisions are not intended to supersede CEQA Guidelines.

Preliminary Review. Within 30 days after receiving an application, the director shall determine if the application is complete in accordance with Section 11.5.10.020: Review of Applications. The director shall identify potential environmental issues and determine whether a project is subject to environmental review. The director may require the applicant to submit additional information. The director may designate a person to serve as environmental review coordinator for projects undertaken by the city that are not subject to this zoning code. An application subject to environmental review pursuant to CEQA shall not be considered complete until all studies that may be required are submitted. If the director determines that an application is not subject to environmental review under CEQA, the director shall proceed to process the application in accordance with this zoning code.

Review for Exemption. The director shall determine if the project is exempt from environmental review pursuant to CEQA and state and city CEQA Guidelines within 30 days after the application is deemed complete.

Environmental Review Application. If the proposed project is not exempt from CEQA review, the applicant shall submit an application for environmental review accompanied by a fee specified in the master fee schedule. The director may require the submission of additional information and supporting documentation with the application. After receiving an environmental review application, the director or environmental review coordinator shall determine whether to require preparation of an environmental impact report (EIR). In order to make this determination, the director or environmental review coordinator shall prepare, or cause to be prepared, an initial study.

Initial Study. The initial study shall consider all phases of project planning, implementation, and operation and may rely upon expert opinion supported by facts, including documentation submitted by the applicant, technical studies, or other substantial evidence to document its findings regarding the project's potential impacts. An initial study is not required to include the same level of detail as an EIR.

Determination of Environmental Significance. Based on the initial study, the director or environmental review coordinator shall make one of the following findings:

Public Notice of Environmental Determination. If the director or environmental review coordinator has determined that the proposed project will not have a significant effect on the environment, he or she shall prepare a negative declaration for public review in conformance with the requirements of CEQA and applicable state and city environmental review guidelines. If the applicant has agreed to incorporate mitigation measures in order to reduce environmental impacts to a point of insignificance, the director or environmental review coordinator shall prepare a mitigated negative declaration for public review. The director or environmental review coordinator shall provide public notice of the proposed environmental determination at the same time and in the same manner required for the underlying permit in accordance with Chapter 5.10: General Procedures.

The Environmental Quality Control Board shall conduct a public meeting during the public review period to receive public comments and to provide comments on the draft negative declaration or mitigated negative declaration and shall forward all comments to the approving authority for consideration as part of any subsequent public hearings on the draft negative declaration or mitigated negative declaration and accompanying discretionary land use entitlement applications.

Preparation of Negative Declaration. The city or its consultant will prepare the draft negative declaration or draft mitigated negative declaration in conformance with the requirements of CEQA and applicable guidelines. The applicant shall execute a reimbursement agreement requiring that applicant pay all costs associated with preparing the negative declaration or mitigated negative declaration, including administrative costs and the fees and expenses of attorneys and consultants.

Public Notice of Environmental Determination. The director or environmental review coordinator shall provide public notice of the proposed environmental determination for a period of at least 30 days.

Preparation of a Draft EIR. If it is determined that an environmental impact report (EIR) is required, the director or environmental review coordinator shall prepare, distribute, and post a notice of intent to prepare an EIR in the same manner required for the underlying permit unless otherwise specified in applicable state or federal requirements. The notice shall inform interested parties that an EIR is being prepared and seek guidance as to which significant environmental issues and mitigation measures should be explored. Any person who believes that a negative declaration, rather than an EIR, should be prepared for the proposed project may appeal to the city council within 10 days after the notice has been posted. The city council's decision on the appeal shall be final. The city will prepare the draft EIR with its own staff or by contract with a consultant in conformance with the requirements of CEQA and applicable guidelines. The applicant shall execute a reimbursement agreement requiring that applicant pay all costs associated with preparing the EIR, including administrative costs and the fees and expenses of attorneys and consultants.

Public Review of Draft EIR. Following completion of a draft EIR, the director or environmental review coordinator shall prepare and post a notice of completion initiating a minimum 30-day public review period or 45 days if the project is subject to review by a state agency. The director or environmental review coordinator shall mail a notice of the availability of a draft EIR to those requesting such notice in writing, to local and regional agencies, and interested federal agencies. The city shall make copies of the draft EIR available for public review at the department of development services and the office of the city clerk during regular office hours and at each public library within the city. The city may impose a charge for copies of the draft EIR in accordance with the adopted master fee schedule.

The Environmental Quality Control Board shall conduct a public meeting during the public review period to receive public comments and to provide board comments on the draft EIR and shall forward all comments to the approving authority for consideration as part of any subsequent public hearings on the draft EIR and accompanying discretionary land use entitlement applications.

Final EIR. After the public review period has expired, the city or its consultant will prepare a final EIR for certification by the highest decision-making body responsible for action on the project. The final EIR will consist of the draft EIR, all of the comments received, a list of persons, organizations and public agencies commenting on the draft EIR, and a response from the city on significant environmental issues raised in the draft EIR and comments. Prior to any city official or body responsible for taking action on a project for which an initial study or EIR has been prepared considers such matter, the matter shall be scheduled for consideration and recommendation by the Environmental Quality Control Board as to the adequacy of the subject environmental review document in accordance with the provisions of CEQA and state CEQA guidelines.

Responsibility for Action on Environmental Document. Any city official or body responsible for taking action on a project for which an initial study or EIR has been prepared shall use the environmental assessment to make its decision on the development proposal. If the project is accepted, the decision-making body shall impose conditions to mitigate any adverse environmental impacts. The highest decision-making entity responsible for action on an application for a development permit shall approve the negative declaration or mitigated negative declaration or certify the final EIR prior to or at the time the project is considered for approval. The decisionmaking entity may decline to approve or certify the environmental document and request further review or analysis if, in its independent judgment, approval of the negative declaration or mitigated negative declaration or certification of the final EIR would not comply with the requirements of applicable state and local environmental review requirements. Approval of a negative declaration or mitigated negative declaration or certification of a final EIR shall be deemed to be a finding that the document has been prepared in compliance with CEQA and state CEQA guidelines. The decision-making entity shall also certify that the environmental document reflects the independent judgment of the body. Certification of a final EIR does not imply that the city endorses the proposed project or that the city will approve the necessary permit applications.

Timing of Environmental Review. When a development project is subject to environmental review, all decision-making officials and entities shall take action on all applications for the project that have been submitted and deemed complete in compliance with the following time limits unless state or federal law mandate a shorter deadline. Notwithstanding these deadlines, the applicant may request in writing and the city may approve a single extension for a period not to exceed 90 days unless state law authorizes a longer extension. These deadlines do not apply to any action that has been appealed to the city council in accordance with Title 1: General Provisions, Section 1.20.005: Administrative Review.

Program Contents. The city shall approve a mitigation monitoring and reporting program for all projects that it approves with a mitigated negative declaration or following certification of a final EIR. The purpose of the mitigation monitoring program is to ensure that the project applicant complies with all of the provisions or changes identified as mitigation measures during implementation of the project. The mitigation monitoring and reporting program shall consist of the following:

Submittal and Approval. The director, or a contracted consultant, shall prepare and submit a draft mitigation implementation plan in a format specified by the city, which shall be included in the public review draft environmental review document. The director shall review the mitigation implementation plan and compliance schedule for consistency with the approved environmental document and shall identify the city official or agency that will be responsible for ensuring that the mitigation measure is implemented. The applicant shall pay fees to the city in an amount not exceeding the reasonable cost for monitoring compliance with the mitigation plan.

Enforcement. Failure to comply with the conditions and requirements of an approved mitigation monitoring and reporting program shall be considered a violation of the conditions of approval of a project. Such violations shall be subject to enforcement in accordance with the provisions of this code.

Modification of Mitigation Program Not Permitted Following Adoption. Unless specifically authorized or required by the conditions of project approval, neither CEQA nor this zoning code authorize the city to modify or add mitigation measures if the monitoring program shows that the mitigation measures have not achieved the desired result.

Determination that a project is or is not subject to environmental review.

Determination that a project is exempt from environmental review.

Approval of a negative declaration or mitigated negative declaration.

Certification of a final environmental impact report.