When practical difficulties, unnecessary hardships or results inconsistent with the general intent and purpose of this chapter occur by reason of the strict and literal interpretation of any of its provisions, a zone variance may be granted in the manner hereinafter set forth in this chapter.

Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property.

(Prior code § 9800)

Before any zone variance is granted, the applicant shall show, to the reasonable satisfaction of the body hearing such matter, that there are special circumstances applicable to the property involved, such as size, shape, topography, location or surroundings, which do not generally apply to other adjacent properties included in the same zone as the subject property, which make the granting of the zone variance necessary in order to facilitate a reasonable use of the property involved.

(Prior code § 9801)

The director may grant a minor variance from regulations, as specified in Chapter 17.20 or Chapter 17.30 of this code, as applicable.

A.

Application. Applications for a minor variance shall be initiated by submitting the following materials to the planning and community preservation department:

1.

A completed application form signed by the property owner or authorized agent, accompanied by the required fees and plans;

B.

Notice.

1.

A list, drawn from the last equalized property tax assessment roll showing the names and addresses of the owner or record of each lot within three hundred feet of the property, and the posting of a sign on the property for fourteen days to notify them that an application is being filed for a minor variance.

2.

Comments shall be accepted by the director for a fourteen-day period following the application submittal.

3.

The director may use any comments received to assist in making findings and conditions relating to the application.

C.

Burden of Proof and Conditions of Approval. The director must find, or conditions must be imposed, to insure that:

1.

The project does not adversely impact the public health, safety, and welfare;

2.

The design of the home is improved with the granting of the minor variance.

D.

An action by the director may be appealed to the planning commission and subsequently to the city council pursuant to Chapter 17.66 of this title.

(Ord. 1234 § 5, 2005; Ord. 1115 § 18, 1995)

(Ord. No. 1313, § 4, 3-22-11; Ord. No. 1412, § 5(Exh. A), 5-14-19; Ord. No. 1466, § 83, 3-28-23)

The director may grant a modification of a required yard as follows:

A.

Reduction of open areas by permitting portions of a building to extend into a required yard by not more than ten percent;

B.

A modification of a required yard, as set forth in this section, may be granted pursuant to the approval of a minor conditional use permit pursuant to the provisions of Section 17.60.055 of this chapter;

C.

The determination of the director may be appealed to the planning commission, pursuant to the provisions of Section 17.60.115 of this chapter, within fourteen days of the director's determination.

(Ord. 1177 § 4 (part), 2000)

(Ord. No. 1466, § 84, 3-28-23)

The purpose of any conditional use permit shall be to insure that the use for which the same is required will be rendered compatible with other existing and permitted uses located in the general area of the same. The following uses, each of which possesses characteristics of such unique and special form as to render impractical their operation without specific approval, shall be permitted in the zones as hereinafter set forth, provided that a conditional use permit is first obtained pursuant to the provisions of this part, unless such use is designated as a permitted use in a particular zone.

(Ord. 1247 § 7, 2006; Ord. 1214 § 2 (Exh. 1 (part)), 2004; Ord. 1177 § 4 (part), 2000; Ord. 1135 § 5, 1996; Ord. 1133 § 5, 1996; Ord. 1116 § 4, 1994; Ord. 1113 § 4, 1994; Ord. 1084 § 1 (part), 1992; Ord. 1079U § 3, 1991; Ord. 1062 § 2, 1990; Ord. 1037 § 6, 1988; Ord. 1033 § 3, 1987; Ord. 1006 § 2, 1983; Ord. 996 § 7, 1982; Ord. 975 § 2, 1980; Ord. 960 § 2, 1978; prior code § 9810)

(Ord. No. 1296, § 3, 7-28-09; Ord. No. 1313, § 4, 3-22-11; Ord. No. 1385, § 2, 2-14-17; Ord. No. 1389, Exh. A, §§ 23—26, 7-11-17; Ord. No. 1431, § 2(Exh. A), 11-10-20; Ord. No. 1441, § 2(Exh. B), 5-11-21; Ord. No. 1466, § 85, 3-28-23)

Before any conditional use permit is granted, the application shall show, to the reasonable satisfaction of the reviewing authority, the existence of the following facts:

A.

That the site for the proposed use is adequate in size, shape, topography, and location;

B.

That the site has sufficient access to streets which are adequate, in width and pavement type, to carry the quantity and quality of traffic generated by the proposed use;

C.

That the proposed use is neither detrimental to the public health, safety and general welfare, nor will unreasonably interfere with the use, possession and enjoyment of surrounding and adjacent properties;

D.

That there is a demonstrated need for the use requested;

E.

That the proposed use is consistent with the general plan, zoning and other applicable codes;

F.

That the use at the location requested would benefit the public interest and convenience.

(Ord. 1084 § 1 (part), 1992: prior code § 9811)

(Ord. No. 1375, § 5, 2-9-16; Ord. No. 1389, Exh. A, § 27, 7-11-17)

Editor's note— Ord. No. 1389, Exh. A, § 27, adopted July 11, 2017, changed the title of § 17.60.040 from "Conditional use permits—Burden of proof" to read as herein set out.

A.

Purpose. The purpose of an administrative design review permit is to ensure that an applicable project incorporates good design principles and is compatible with its neighborhood and natural surroundings.

B.

Reviewing Authority. Except as otherwise provided by this chapter, the reviewing authority for an administrative design review permit application shall be the director. The reviewing authority shall approve, conditionally approve, or deny an application for an administrative design review permit or a design review permit in writing. Any reference to design review permit in this title shall mean the same as administrative design review.

C.

Review Procedure. An administrative design review permit shall be noticed, processed and may be appealed in compliance with the requirements for a minor conditional use permit; provided however, that the director may refer any application for an administrative design review permit to the planning commission at the director's sole discretion. An application that has been referred to the planning commission for a design review permit shall be noticed, processed and may be appealed in compliance with the requirements established for a conditional use permit.

D.

Findings. Before an administrative design review permit is granted, the reviewing authority shall make the following findings of facts:

1.

The proposed project is consistent with the general plan, zoning code and any applicable design standards.

2.

The proposed project will not unreasonably interfere with the use, possession and enjoyment of surrounding and adjacent properties.

3.

The height, bulk, scale, mass and siting of the proposed project is compatible with the existing neighborhood, landforms and surroundings.

4.

The proposed project reflects the scale of the neighborhood in which it is proposed and it does not visually overpower or dominate the neighborhood and is not ill-proportioned so as to produce either architecture or design that detracts from the foothill village setting.

5.

The proposed project neither unreasonably interferes with public views or the views and privacy of neighbors, produces unreasonable noise levels, nor causes material adverse impacts.

6.

The proposed project exhibits a coherent project-wide design, and each structure or portion thereof (especially additions) on the site is compatible with other portions of the project, regardless of whether the same are publicly visible.

7.

For proposed projects seeking relief from development standards, where allowed, to accommodate characteristics of an identifiable architectural style (such as additional height pursuant to subsection 17.20.027(A)), the proposed project adheres to the norms of such identifiable architectural style and that such style is consistently carried through on all elevations of the building, regardless of whether the same are publicly visible.

8.

For proposed projects that require discretionary review due to exceeding size thresholds (pursuant to subsections 17.20.027(C), 17.30.045(B), 17.28.070(A)1 or similar), that the proposed is a superior project that would enhance its neighborhood and exhibit exceptional design through a combination of most, if not all, of:

a.

Innovative, thoughtful and/or noteworthy architecture that is responsive to the specific site, rather than standard, generic, or "cookie-cutter" plans;

b.

Where applicable, adaptive reuse or other preservation and restoration of historic structures;

c.

Preservation of the natural landscape to the extent possible by such means as minimizing grade changes and retaining protected and specimen trees;

d.

Siting of structures in keeping with landforms and so as to maximize open space, public views, and neighbor views and privacy;

e.

High quality architectural details and building materials compatible with the overall project design; and

f.

Sustainable building and landscaping practices, especially water-saving features.

E.

Compatibility. As used in this section, compatibility is not interpreted to mean simple repetition of existing form, mass, scale and bulk. Nor is compatibility interpreted to mean repetition of building style or detailing. Compatibility is based on consideration of a constellation of associated characteristics including building type, the property site plan, building mass and scale, and architectural material and expression. Compatibility comes from an identification of character-defining features of an area, and an applicant's thoughtful response to them within the design. Compatibility is often more easily and naturally achieved by reuse and renovation of existing structures; hence, for additions and expansions, compatibility with existing structures should also be considered.

F.

Applicability in Relation to Other Standards. This section is not meant to be a perfunctory review of projects which comply with other development standards. Rather it is meant to impose significant, separate, and additional burdens on proposed projects with the understanding that in many cases satisfying such burdens may call for significantly reduced development intensity than is allowed otherwise under this title. By way of illustration and not limitation, (i) so as not to unreasonably interfere with views and privacy, a project proposed on a narrow or irregularly shaped parcel may accommodate significantly less second story floor area than would otherwise be allowed; (ii) so as not to unreasonably interfere with views and privacy, a proposed project with significant second story floor area may need to be set back farther from lot lines than otherwise allowed; (iii) to ensure compatibility with and not to visually overpower or dominate the neighborhood, the floor area of a proposed project in a neighborhood predominated by smaller homes may need to be much lower than allowed by objective criteria; (iv) to ensure compatibility with landforms, a project proposed on a parcel with steep slopes or irregular topography may have much more limited siting options than setback standards would allow and may need reduced height and/or floor area; and (v) to exhibit exceptional design through noteworthy architecture, the floor area of a proposed project may need to be much lower than allowed by objective criteria in order to allow space for articulation, variation in massing, covered porches, and other enhancing architectural features.

G.

Application. All design drawings, as determined by the department, shall be prepared by an architect licensed by the California Architects Board. Standard two-dimensional building elevations and other similar graphic materials will typically suffice for administrative design review permits. However, for design review permits, it is recommended that applicants provide materials in addition to those otherwise required in order to demonstrate that their proposed projects satisfy the foregoing burdens. Such materials may include, but are not limited to, three-dimensional perspective renderings from multiple angles; photo simulations showing the sited project in relation to neighboring structures and landforms; comparisons of proposed building size, height, setbacks, etc. to surrounding structures; story poles; material and color boards; information on energy and water saving systems; and colored landscape plans showing protected and specimen trees and illustrating drought-tolerant landscaping, permeable paving and other water-saving features; and a narrative description prepared by applicant and/or architect describing how the application meets the required findings. For applications for which finding D.8. above is applicable, all project plans shall be prepared and stamped by a licensed architect, and such licensed architect shall prepare the narrative description with emphasis on the application's compliance on finding D.8.

(Ord. 1115 § 17, 1995)

(Ord. No. 1375, § 6, 2-9-16; Ord. No. 1389, Exh. A, § 28, 7-11-17; Ord. No. 1434, § 2(Exh. A), 11-10-20; Ord. No. 1455, § 7(Exh. F), 5-24-22; Ord. No. 1466, § 86, 3-28-23)

Editor's note— Ord. No. 1389, Exh. A, § 28, adopted July 11, 2017, changed the title of § 17.60.041 from "Additional burden of proof for permits for certain noted projects" to read as herein set out.

A.

Application of Division—Permitted Use. Notwithstanding the provisions of this chapter, if any use is designated as a permitted principal use in any zone, the conditional use permit requirement shall not apply to that use in that zone.

B.

Nonconformity. None of the uses enumerated in Section 17.60.030, for which a conditional use permit is required, shall be deemed nonconforming if:

1.

The same complied with the zoning regulations in effect on June 14, 1977;

2.

The same would otherwise have acquired a nonconforming status solely by reason of the application of Section 17.60.030; and

3.

There is no alteration or enlargement of the use, nor the commencement of any new use on the lot where located; and

4.

The existing valid horse-keeping license has been reviewed under the provisions of Sections 17.60.060 through 17.60.050 prior to December 1, 1978, and a conditional use permit approved for the use.

C.

Effect of Grant of Conditional Use Permit. Where a conditional use permit is granted for one or more uses on a lot, no other use, building or structure shall be located or maintained upon such lot, unless allowed pursuant to the provisions of the conditions of approval imposed upon the issuance of such permit.

(Ord. 1084 § 1 (part), 1992: Ord. 960 § 3, 1978; prior code § 9812)

Uses, activities and development standards listed in sections of this title as permitted subject to the granting of a minor conditional use permit may be approved by the director, without a public hearing, pursuant to the following provisions:

A.

Application and Fees. An application for a minor conditional use permit shall be filed by the owner of the property (or authorized agent) for which the permit is requested on forms furnished by the planning and community preservation department. The applicant shall submit the appropriate fee in conjunction with the submittal of an application, the amount of which is determined by resolution of the city council.

B.

Posted Notice. A notice that a minor conditional use permit is to be considered shall be mailed to all property owners within a three hundred-foot radius of the property where the minor conditional use permit is proposed. The notification shall describe the proposed minor conditional use permit and shall provide a comment period of not less than fourteen calendar days. Additionally, signage shall be posted in accordance with Section 17.60.100B.; however, references therein to the planning commission's decision on a conditional use permit shall be interpreted as the director's decision on the minor conditional use permit.

C.

Determination. Upon consideration of any comments received, the director may approve, conditionally approve, or deny the proposed minor conditional use permit pursuant to the following findings:

1.

That the proposed request will not be detrimental, or otherwise be inconsistent with the character of its neighborhood;

2.

That the site of the proposed request is adequate in size, shape, topography and location to accommodate the request;

3.

That the proposed request is neither detrimental to the public health, safety and general welfare, nor will unreasonably interfere with the use, possession and enjoyment of surrounding and adjacent property owners;

4.

That there is a demonstrated need for the use requested;

5.

That the proposed request will be arranged, designed, constructed, operated and/or maintained so as to be compatible with the intended character of the surrounding area and shall not change the essential character of the surrounding area from that intended in the general plan.

D.

Conditions of Approval. When approving or conditionally approving a minor conditional use permit, the director shall designate conditions deemed necessary to protect the public health, safety and general welfare.

E.

Notification of Determination. Within three days upon the determination by the director to approve, conditionally approve or deny the requested minor conditional use permit, notification of the determination shall be mailed to all property owners within a three hundred foot radius of the property where the minor conditional use permit has been requested. In addition, notification of the director's determination shall also be provided to the applicant, council and planning commission.

F.

Appeal. The determination of the director may be appealed to the planning commission, pursuant to the provisions of Section 17.60.115, within fourteen days of the director's determination.

(Ord. 1177 § 4 (part), 2000)

(Ord. No. 1375, § 7, 2-9-16; Ord. No. 1431, § 2(Exh. A), 11-10-20; Ord. No. 1466, § 87, 3-28-23)

A.

Purpose. The purpose of the discretionary demolition permit procedure is to insure that potential historic resources are properly evaluated before they are altered or demolished.

B.

For purposes of this section, "demolition" is defined as the destruction and removal, in part or in whole, of the foundation, exterior walls, roof structure, exterior framing, exterior siding and/or finish cladding material, porches, chimney and architectural details.

C.

No structure which was constructed seventy-five years or more prior to the date of the application for review shall be demolished without a discretionary demolition permit.

D.

Procedure: Any application for a discretionary demolition permit shall be accompanied by (i) a written historic assessment or survey prepared by a qualified architectural historian certified by the secretary of the interior's standards from the list of qualified consultants on file with the planning and community preservation department which concludes that the property proposed to be demolished is not classified under the California Historic Resource Codes 1 to 5 - eligible for local listing or designation, or a contributor to an existing or potential district and (ii) an application for replacement development project consistent with the standards and requirements of the applicable zoning district, and (iii) an affidavit of posting of a sign at least three feet by four feet in size, located in a conspicuous place on the property abutting a public street or alley, identifying the property as the subject of an application for a demolition permit. Both the discretionary demolition permit and the application for the replacement development project shall be reviewed concurrently and no discretionary demolition permit shall be approved unless and until the replacement development project is approved. The reviewing body for a demolition permit shall be the same body or individual that would review and approve the accompanying replacement development project.

E.

A discretionary demolition permit may be approved if the reviewing body makes one of the following determinations:

1.

The structure proposed to be demolished is neither designated on the local list of historic resources nor eligible for designation as an individual resource or contributor to a district or potential district, and the replacement development project is approved; or

2.

The city engineer or building official or his or her designee has provided a written determination that demolition is necessary to immediately abate an imminent hazard to public safety.

F.

Exceptions. The following applications do not require a discretionary demolition permit:

1.

Demolition of any interior walls of any structure for the purpose of remodel, repair or maintenance, subject to any required permits;

2.

Removal and replacement, subject to any required permits, of exterior windows, doors, roof covering, foundation, exterior siding and/or finish cladding material, porches, chimney, architectural details and other structural or decorative elements deemed by the director to be minor alterations, where the materials used for maintenance and replacement do not materially alter the appearance, size or character of the existing structure;

3.

Any proposed demolition of a structure constructed less than seventy-five years from the date of the applications, which is subject to the provisions of Section 15.04.115;

4.

Any proposed demolition of a historic landmark which is subject to the provisions of Section 17.82.090;

5.

The director may rely on definitions and permitting processes in the municipal code to consider circumstances which do not meet the exact criteria defined in exceptions 1—5 above, to determine that a specific case meets the intent of one or more of the exceptions.

6.

The director may refer any applications that do not require a discretionary demolition permit to the planning commission if the director determines at the director's sole discretion that the proposed development has the potential to result in significant impacts to the structure. In the event the director refers an application to the planning commission, the planning commission shall follow the requirements for a discretionary demolition permit as set forth in this chapter.

7.

Supportive housing, as defined in Government Code Section 65650, shall be a use by right under Government Code Section 65651.

G.

An applicant who does not qualify for a discretionary demolition permit under subsection E or H of this section may seek a certificate of economic hardship pursuant to Section 17.82.100.

H.

Burden of Proof on Applicant. Before any demolition permit is granted, the application shall show, to the reasonable satisfaction of the body considering such matter, the existence of the following facts:

1.

That the structure proposed for demolition:

a.

Has no local, state or national historic significance as determined by the historic resource evaluation in the form of State of California Department of Parks and Recreation (DPR) Series 523 Forms pursuant to subsection D above; or

b.

Is deemed to be eligible for local listing or designation under the California Historic Resource Codes 1 to 5, or a contributor to an existing or potential district, and all environmental review has been conducted, and/or a historical resource evaluation report with analysis of proposed alternations to determine if a proposed project would result in a substantial adverse change to a historical resource as defined in Section 15064.5(b) of the State [of] California Environmental Quality Act (CEQA) Guidelines, allowing the project to proceed with applicable permit requirements including, but not limited to: construction of a replacement structure in substantially similar architectural style and façade, maintenance of a plaque, photographs and/or publication describing the original structure and its local, state or national historic value, or other mitigation measures described in the environmental review document or the historical resources evaluation report; or

c.

The city engineer or building official or his or her designee has provided a written determination that demolition is necessary to immediately abate an imminent hazard to public safety.

2.

That the proposed demolition activities will not unreasonably interfere with the use, possession and enjoyment of surrounding and adjacent properties;

3.

That there is a demonstrated need for the demolition activity requested;

4.

That the result of the demolition activity is consistent with the objectives of the general plan; and

5.

That the public interest, convenience, and necessity require that the demolition activity be undertaken at the location requested.

I.

Appeal.

1.

Any person may appeal a decision of the planning director to the planning commission pursuant to Section 17.60.115.

2.

Any person may appeal a decision of the planning commission to the city council pursuant to Sections 17.60.120 and 17.60.130.

(Ord. No. 1363, § 2, 3-24-15; Ord. No. 1386, Exh. A, § 1, 2-28-17; Ord. No. 1412, §§ 6, 7(Exh. A), 5-14-19; Ord. No. 1441, § 5(Exh. B), 5-11-21)

If multiple concurrent applications that call for different reviewing authorities are made for the same project, the applications shall be noticed and processed together and reviewed by the highest required authority. For example, if a project requires a design review permit and a minor conditional use permit, both such applications shall be noticed and processed together, and reviewed together in a public hearing by the planning commission. Before the project could move forward, the planning commission would need to make the required findings for the design review permit set forth in Section 17.60.041(D) and those for the minor conditional use permit set forth in Section 17.60.055(C). The action of the planning commission could then be appealed to the city council pursuant to Section 17.60.120 (note that Sections 17.60.055(F) and 17.60.115 would not apply to an appeal of the minor conditional use permit as the matter would have already been reviewed by the planning commission).

(Ord. No. 1389, Exh. A, § 29, 7-11-17)

Applications for a zone variance, conditional use permit, shall be filed by the owner of the property affected thereby, or his agent, with the director, on forms furnished by the director, which shall set forth fully the nature of the proposed use, and the facts deemed sufficient to justify the granting of the variance or conditional use permit, in accordance with the provisions of this part.

The applicant shall furnish to the director an accurate list of the names and addresses of all property owners to whom notice must be given as hereinafter provided. The director may provide the radius map and mailing list for a fee to be set by the city council.

(Ord. 1084 § 1 (part), 1992: prior code § 9820)

Each such original application, modification application or appeal, shall be accompanied by a filing and processing fee in an amount as set by the council. Any applicant may withdraw his/her application by filing a written request to do so at any time prior to final action thereon; provided, that there shall be no refund of fees.

(Ord. 1084 § 1 (part), 1992: prior code § 9821)

Every application for a zone variance or conditional use permit shall be set for a public hearing before the commission by the director. Hearings may be continued from time to time by the commission or council, as it may deem necessary.

(Ord. 1084 § 1 (part), 1992: prior code § 9822)

The granting of any zone variance or conditional use permit may be conditioned. The purpose of any such conditions shall be to insure that the activity thus permitted will be conducted in a manner consistent with the public peace, safety, general welfare, and the provisions of this chapter.

(Ord. 1084 § 1 (part), 1992: prior code § 9823)

Notice of the time and place of public hearings before the planning commission and city council on zone variance and conditional use permit applications shall be made as follows:

A.

Mailed Public Notice. Public notices shall be given by United States mail, postage prepaid, addressed to the owners of property located within a radius of three hundred feet from the external boundaries of the property to which the application relates, addressed to the owners as shown on the latest equalized assessment roll of the county, or from other records which contain more recent and accurate addresses.

B.

Posting of Property. A notice of public hearing sign, meeting the criteria set forth below, shall be posted a minimum of fourteen days prior to the scheduled public hearing, and the sign shall remain in place until the expiration of the appeal period following a decision by the planning commission. If an appeal to the city council is filed, a new public hearing sign complying with this section shall be posted. Failure to post the sign on the property by the applicant shall result in the automatic continuance of the project to the next available planning commission or city council meeting. The sign shall be posted in the following manner:

1.

The sign shall be located in a conspicuous place on the property abutting a public or private street or alley not more than ten feet inside the property line.

2.

The sign shall be twelve feet square in sign area, generally measuring three feet by four feet.

3.

The sign shall not exceed six feet in height from the ground level; provided that if the property is surrounded by fences, walls, or hedges at or near the street property line, additional height may be permitted with the approval of the director to ensure visibility of the sign from the public right-of-way.

4.

The sign shall not be illuminated.

5.

The size, style, number, and color of the sign's lettering shall be the specifications approved by the director, and the director may approve deviations to these requirements in order to meet the intent of these noticing provisions.

6.

Support elements for the sign shall be made of four-inch by four-inch wood posts, or similar; provided however, that a sign may be posted in a window, on a fence, or on a building wall when there is an existing structure on-site that is set back less than ten feet from the street.

7.

A building permit shall not be required for the posting of a sign installed in compliance with this subsection.

8.

The applicant shall submit proof of posting to the director or his or her designee in the form of a signed affidavit and a photograph of the sign.

9.

Any costs associated with complying with this subsection shall be borne by the applicant.

C.

Contents of Notice. Such notices shall describe the subject property, identify the project case number, and contain a brief description of the proposed project and the date, time and place of the public hearing.

(Ord. 1177 § 4 (part), 2000: Ord. 1084 § 1 (part), 1992: prior code § 9824)

(Ord. No. 1305, § 1, 2-9-10; Ord. No. 1466, § 88, 3-28-23)

Within a reasonable time after the public hearing upon a variance or conditional use permit application, the commission, by resolution, shall approve, conditionally approve or deny the same. Said resolution shall contain a brief statement of facts upon which its action is based. Within seven days following the adoption of such a resolution, the commission's secretary shall forward a copy thereof to the city clerk, to the applicant and to any other person requesting the same.

(Ord. 1084 § 1 (part), 1992: prior code § 9825)

Any determination of the director may be appealed to the planning commission, pursuant to the provisions of this section, within fourteen days of the director's determination. Upon receiving a notice of an appeal of the determination of the director by any aggrieved party, the following provisions shall apply:

A.

Appeal Fee. An appeal fee shall be required as set forth in the fee schedule adopted by city council resolution.

B.

Consideration of the Appeal. The director shall schedule the matter to be considered by the planning commission at the first available planning commission meeting. Public notice of the consideration of the appeal by the planning commission shall be distributed pursuant to the public notice requirements of the action being appealed.

C.

Determination of the Appeal. Upon receipt of the appeal, the planning commission shall consider all evidences and information upon which the director made the determination, including all relevant public testimonies, and adopt one of the following actions:

1.

Affirm the determination of the director and deny the appeal;

2.

Uphold the appeal, thereby reversing the determination of the director; or

3.

Modify the determination of the director as deemed appropriate.

D.

Appeals of decisions of the planning commission shall be made pursuant to the provisions of Section 17.60.130 and Chapter 17.66 of this title.

(Ord. 1234 § 6, 2005; Ord. 1177 § 4 (part), 2000: Ord. 1115 § 16, 1995)

(Ord. No. 1466, § 89, 3-28-23)

A.

The resolution of the planning commission granting or denying a zone variance or conditional use permit shall become final on the tenth business day following its adoption unless:

1.

Within such time an appeal, in writing, is filed with the city council, by the applicant or any other interested person in the manner set forth in Chapter 17.66 of this title;

2.

Within such time a call for review is made in the manner set forth in Chapter 17.66 of this title.

B.

The decision of the commission shall be final and conclusive in the absence of a timely filed appeal. The timely filing of an appeal shall stay the effective date of the commission's resolution pending action by the city council.

C.

Appeals of the planning commission decision shall require the filing of a fee as set forth in Chapter 17.66 of this title.

(Ord. 1234 § 7, 2005: Ord. 1139 § 2(B), 1997; Ord. 1084 § 1 (part), 1992; Ord. 1004 § 1, 1983: Ord. 998 § 1, 1983: prior code § 9826)

Upon receiving a notice of appeal, or call for review of a decision of the planning commission, the city council shall either:

A.

Affirm the action of the planning commission;

B.

Refer the matter back to the planning commission with or without instructions for further proceedings;

C.

Alter the action of the planning commission in the manner it shall determine is necessary to comply with this code and other applicable law; or

D.

Notice of the city council's decision shall be made by the city clerk within the time set forth in Chapter 17.66 of this title.

(Ord. 1234 § 8, 2005: Ord. 1084 § 1 (part), 1992; Ord. 1004 § 2, 1983: prior code § 9827)

Inadvertent failure to give notice in the manner prescribed herein shall have no effect upon any proceeding before the commission or the council.

(Ord. 1139 § 2(C), 1997; Ord. 1084 § 1 (part), 1992; Ord. 917 § 3 (part), 1974: prior code § 9829)

A.

Upon recommendation by the director, the body which initially granted a zone variance or conditional use permit shall conduct a noticed public hearing to determine whether such variance or conditional use permit should be revoked. If the granting body finds any one of the following facts to be present, it shall revoke the variance or conditional use permit:

1.

That the variance or permit was obtained by fraud;

2.

That the use for which such approval was granted has ceased to exist by reason of a voluntary abandonment;

3.

That the permit or variance granted is being or has been exercised contrary to any conditions of approval imposed upon such permit or variance, or in violation of any law; or

4.

That the use for which the approval was granted is being exercised so as to be detrimental to the public health or safety, or so as to constitute a public nuisance.

B.

If the revocation hearing is conducted by the commission, its decision shall be subject to review on appeal, taken in the time and manner set forth in Section 17.60.120 of this chapter.

(Ord. 1084 § 1 (part), 1992: prior code § 9830)

Any zone variance or conditional use permit shall be null and void if the use granted thereby is not commenced within the time specified in the resolution approving such zone variance or conditional use permit, or, if no time is so specified, if commencement does not occur within one year from the date said zone variance or permit is granted. The granting body, upon good cause shown by the applicant, may extend the time limitations imposed pursuant to this section, once, for a period of not to exceed one year. Provided that if litigation is filed prior to the exercise of such rights, attacking the validity of such variance or permit, the time for exercising such rights shall be automatically extended pending a final determination of such litigation.

(Ord. 1084 § 1 (part), 1992: prior code § 9831)

In the event that construction which is inconsistent with a conditional use permit or variance is performed, the first three applications for an amendment to the previously approved conditional use permit or variance to bring the conditional use permit or variance into conformity with the construction shall be accompanied by an additional penalty fee equal to that of twice the rate of the current city rate for obtaining a conditional use permit or variance. Subsequent applications for making application for a conditional use permit or variance for all amendment to the previously approved conditional use permit or variance to bring the conditional use permit or variance into conformity with the construction shall be accompanied by an additional penalty fee equal to that of five times the rate of the current city rate for obtaining a conditional use permit or variance.

A.

Procedures Prior to Imposition of Penalty Fees. No penalty shall be imposed pursuant to this subsection until city staff determines that unauthorized construction has occurred and the applicant or property owner or a representative of the applicant or property owner has been given an opportunity to discuss that determination with the director.

B.

Refund of Penalty and Fees. The penalty and application fees shall be refunded if the planning commission finds that the construction was, in fact, consistent with the originally approved conditional use permit or variance.

C.

Appeal to the City Council. If the planning commission finds that the construction was inconsistent with the conditional use permit or variance, the applicant may appeal that determination to the city council in the manner and within the time set forth in Chapter 17.66 of this title. The penalty, application and appeals fees shall be refunded if the city council determines that the construction was, in fact, consistent with the originally approved conditional use permit or variance.

D.

Judicial Review. If the city council determines that the construction was inconsistent with the conditional use permit or variance, that determination shall constitute a final administrative action of the city and the applicant may seek judicial review of that decision in the manner provided by law.

E.

Removal of Unauthorized Construction. Payment of the penalty shall not preclude the city from disapproving an amendment and requiring the applicant to bring the construction into conformity with the previously approved conditional use permit or variance.

F.

Violation—Misdemeanor. The penalties for violating any of the provisions of this chapter, and/or any condition of any entitlement or permit granted under this chapter, are as set forth in Section 1.12.010 of this code.

(Ord. 1234 § 10, 2005; Ord. 1130 § 1, 1996)

(Ord. No. 1466, § 90, 3-28-23)

Any condition imposed upon the granting of a zone variance or conditional use permit, including a zoning approval granted prior to the adoption of these regulations, may be modified or eliminated, or new conditions may be modified or eliminated, or new conditions may be added; provided, that the body which granted the zone variance or conditional use permit which is the subject of the modification proceeding shall first conduct a public hearing thereon, noticed in the same manner as was required for its initial granting. No such modification shall be granted unless the granting body finds that such modification is necessary to protect the public peace, health and safety, or that such action is necessary to permit reasonable operation under the zone variance or conditional use permit, as granted. If the modification hearing is conducted by the commission, its decision shall be subject to review on appeal in the time and manner set forth in Chapter 17.66 of this title.

(Ord. 1234 § 11, 2005: Ord. 1084 § 1 (part), 1992: prior code § 9832)