A.

The purpose of the preapplication process is to provide an opportunity for exchange of information between the applicant and staff prior to the submittal of a formal development application. This chapter contains procedures and requirements for the preapplication review.

B.

Discussions at the preapplication conference are not binding on the city and do not constitute submittal or review of a development application.

C.

A formal application for a development project will not be accepted until after the mandatory preapplication conference has been completed.

(Ord. No. 816, § 1, 3-4-2025)

A.

Pre-applicants shall contact the development services department to obtain the required preapplication forms. Upon receipt of the completed forms and required deposit, staff shall schedule a preapplication conference and inform the applicant of the date and time of the conference.

B.

Except for projects identified in this chapter or when waived by the planning division, a prospective applicant for any development entitlement is required to meet with staff prior to completing and filing an application for any proposed project listed in [Sections] 18.65.040 or 18.65.050 in order to:

1.

Provide an opportunity for the applicant to learn about the submittal requirements, procedures, and standards applicable to the proposed project;

2.

Familiarize staff with and offer preliminary comments about the proposed project;

3.

Review the city's approval process, possible project alternatives, or modifications;

4.

Determine the type of permits required for the project; and

5.

Identify any necessary technical studies and information relating to the environmental review of the project.

(Ord. No. 816, § 1, 3-4-2025)

No preapplication will be accepted for review without a deposit of 25 percent of the project development fees established by the city's master fee schedule, which amount will be credited toward project development fees collected at the time of submittal of a formal project application.

(Ord. No. 816, § 1, 3-4-2025)

A.

Staff shall prepare, update, and maintain preapplication forms and a related checklist for potential projects subject to legislative or discretionary approval pursuant to the municipal code, including:

1.

Annexation.

2.

General plan amendment; rezoning; or other city council approval.

3.

Specific plan and amendment.

4.

All nonresidential projects (other than permitted reuse of existing site or structure).

5.

Conditional use permit, site plan review, and planned development.

6.

Tentative map.

7.

Located within 300 feet of a residentially-zoned district or property designated residential within a specific plan.

8.

Includes a request for a density bonus and/or other incentives or concessions under Density Bonus Law, except as provided in [Section] 18.65.050, below.

9.

Does not appear to qualify for an exemption under the California Environmental Quality Act (CEQA).

10.

Any site under Williamson contract.

11.

Development agreement or amendment (described in Section 18.70.050).

B.

A preapplication shall be deemed submitted upon providing the information specified in the city's applicable submittal checklist and submittal of the deposit specified in Section 18.65.030.

C.

A preapplication review shall also be available for potential projects not included in [Subsections] [A.]1. through 11., above, at the project proponent's request, subject to the same submittal requirements.

D.

The planning division may waive the preapplication requirement, as appropriate, when determined that there would be no additional benefit in undergoing preapplication review.

E.

A preapplication is not subject to the requirements of the California Permit Streamlining Act or the California Environmental Quality Act (CEQA), as determined by state law.

F.

Discussions regarding a preapplication are not binding on the city. Submittal of a preapplication does not constitute submittal or review of a project, and does not grant a vested right to develop the project under the regulations and fees in effect at the time the preapplication is submitted.

(Ord. No. 816, § 1, 3-4-2025)

Pursuant to Government Code Section 65941.1(a), and as may be amended, prospective proponents of eligible housing development projects may submit a preapplication under state law and this section.

A.

Projects entitled to preapplication under this section include any of the following:

1.

Residential units only;

2.

Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designed for residential use; or

3.

Transitional housing or supportive housing.

B.

A preapplication shall be deemed submitted upon providing the information specified in the city's applicable submittal checklist and submittal of the deposit specified in Section 18.65.030.

C.

The project for which a preapplication has been submitted shall be subject only to the ordinances, policies, and standards adopted and in effect when the preapplication was deemed submitted.

D.

If the development project is revised such that the number of residential units or square footage of construction changes by 20 percent or more, exclusive of any increase resulting from the receipt of a density bonus, incentive, concession, waiver, or similar provision, the housing development project shall not be deemed to have submitted a preapplication that satisfies this section until the applicant resubmits the information required by the city's applicable submittal checklist so that it reflects the revisions. For purposes of this subsection, "square footage of construction" means the building area, as defined by the California Building Standards Code (Title 24 of the California Code of Regulations).

E.

Within 180 calendar days after submitting a preapplication, the application(s) required for the development project shall be submitted with all of the information required to process the development application consistent with state law, including, but not limited to, Government Code Sections 65940, 65941, and 65941.5.

F.

If the city determines that the application for the development project is not complete pursuant to Government Code Section 65943, the development proponent shall submit the specific information needed to complete the application within 90 days of receiving the agency's written request for additional information. If he development proponent does not submit this information within the 90-day period, then the preapplication shall expire and have no further force or effect.

(Ord. No. 816, § 1, 3-4-2025)

The city requires the use of a preapplication process, as set forth in [Chapter] 18.65, preapplication, prior to the submittal of a development agreement application to enable the applicant to prepare and submit a complete formal application addressing the issues and concerns of the city.

A.

Purpose. The purpose of a development agreement preapplication conference is to provide an opportunity for the applicant to learn about the submittal requirements, procedures, and standards applicable to development agreements. The preapplication conference is also an opportunity for staff to become familiar with and offer preliminary comments about the proposed development agreement.

B.

Discussions non-binding. Discussions at the preapplication conference are not binding on the city and do not constitute submittal or review of a development agreement.

C.

Scheduling. Applicants shall contact the development services department to obtain the required preapplication forms. Upon receipt of the completed forms and required deposit, staff shall schedule a preapplication conference and inform the applicant of the date and time of the conference.

D.

Procedure. During the preapplication conference, staff will explain the development agreement review process and any special issues or concerns regarding the proposed development agreement.

E.

Effect. An application for a development agreement will not be accepted until after the mandatory preapplication conference has been completed.

(Ord. No. 816, § 1, 3-4-2025)

This chapter establishes objective standards for the identification, review, and abatement or prevention of nuisances. The section is intended to ensure that industries and commercial establishments implement necessary control measures to protect the community from hazards and nuisances, and to protect industries from arbitrary exclusion. This section may be applied to any use in any zones which has the potential to cause the hazards and nuisances identified in this title.

(Ord. No. 743, § 3, 3-21-2017)

No land or building in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious, or otherwise objectionable fire, explosive, noise, vibration, smoke, fumes, gases, dust, odor, or other form of air pollution, heat, cold, dampness, radioactivity, electrical or other disturbances, glare, liquid or solid refuse or wastes, or other substance, condition or element (referred to in this chapter as "dangerous or objectionable elements"), in such a manner or in such amount as to violate the regulations of this chapter limiting dangerous and objectionable elements.

(Ord. No. 743, § 3, 3-21-2017)

Should the development services director believe that a proposed use in any district is likely to create or emit dangerous or objectionable elements, he or she may invoke the performance standards procedures in this chapter during the development application process. Building permits and business licenses will be issued contingent on the determination by the development services director that the effect of potential hazards and nuisances on the community have been addressed.

(Ord. No. 743, § 3, 3-21-2017)

Whenever the performance standards procedure has been invoked, the applicant shall submit, as part of the development application process, a plan and supplemental statement of the proposed machinery, processes, applications, and products that may cause dangerous or objectionable elements and the techniques to be used in obviating the emission of dangerous or objectionable elements as defined in this chapter.

(Ord. No. 743, § 3, 3-21-2017)

If the development services director determines that a proposed use identified prior to or during the development plan process may cause the emission of dangerous or objectionable elements, he or she may refer the applicant to one or more expert consultants qualified to advise as to whether a proposed or existing use would adversely affect surrounding areas or adjoining premises by the creation or emission of dangerous or objectionable elements. In the case of an existing use determined to be creating or emitting such elements, the operator of the use may be required to retain a consultant(s) to analyze and advise. Such consultant shall address his report to the development services director and a copy to the applicant or operator at the same time.

(Ord. No. 743, § 3, 3-21-2017)

Within 30 days after the development services director has received the application provided for in Section 18.76.030, or the report provided for in Section 18.76.050, if a report is required, the development services director shall decide whether the proposed use will conform to the requirements of this chapter, and, on such basis, shall authorize or refuse to authorize issuance of a building permit or require a modification of the proposed plan of construction or specifications, and proposed equipment or operation. Any building permit so authorized and issued shall be conditioned upon the applicant's completed buildings and installations, conforming in operation to the performance standards as stipulated in the building permit.

(Ord. No. 743, § 3, 3-21-2017)

Whenever the performance standards procedure has been invoked and a building permit issued, the development services director shall investigate any purported violation of performance standards and, if there is reasonable ground for the same, shall notify the commission of the occurrence or existence of a probable violation thereof. The development services director shall investigate the alleged violation, and may employ qualified experts as necessary to determine whether a violation has occurred and to determine its extent. If it is determined by the development services director that a violation has occurred or exists, a copy of the findings shall be forwarded to the planning commission. The services of any qualified experts shall be financed by the violator if the violation is established; otherwise, the cost shall be borne by the city.

(Ord. No. 743, § 3, 3-21-2017)

The lawful use of land existing on the effective date of the ordinance codified in this title, although such use does not conform to the regulations specified by this title for the district in which such use is located, may be continued, provided that no such use shall be enlarged or increased, nor be extended to occupy a greater area than that occupied by such use at the time of the adoption of the ordinance codified in this title; and that if any such use ceases, as provided in this chapter, the subsequent use of such land shall be in conformity to the regulations specified by this title for the district in which such land is located.

(Ord. No. 743, § 3, 3-21-2017)

The lawful use of a building existing at the time of adoption of the ordinance codified in this title may be continued, although such building and/or use does not conform to the regulations specified for the district in which such building is located.

(Ord. No. 743, § 3, 3-21-2017)

Any use for which a use permit is required and may be granted by the terms of this title shall be considered a nonconforming use unless and until a use permit is obtained in accordance with Chapter 18.73.

(Ord. No. 743, § 3, 3-21-2017)

If at any time any building in existence on the effective date of the ordinance codified in this title does not conform to the regulations, including parking regulations, for the district in which it is located, and is damaged or destroyed by fire, explosion, act of God or act of the public enemy, to the extent of more than 60 percent of the actual value thereof according to the fair market value placed thereon by the county assessor for the fiscal year during which such destruction occurs, the land and building shall be subject to all the regulations specified by this title for the district in which such land and buildings are located.

(Ord. No. 743, § 3, 3-21-2017)

If the actual operation of a nonconforming use of a building ceases for a continuous period of six months, unless the legal owner can establish valid proof to the contrary, such cessation of the nonconforming use shall be considered abandonment. Without further action by the planning commission, the building and the land on which the building is located shall be subject to all the regulations specified by this title for the district in which such land and building are located.

(Ord. No. 743, § 3, 3-21-2017)

A.

Ordinary maintenance and repairs may be made to any nonconforming building, provided no structural alterations or additions are made and provided that such work does not exceed 25 percent of actual value in any one-year period.

B.

Subsection (A) shall not be applicable to any structure and parcel of land contained in any official target area or amendment thereto adopted as a part of the development services block grant housing program for which funds from the program will be loaned, granted, or otherwise used to maintain, repair or reconstruct such residential structure.

(Ord. No. 743, § 3, 3-21-2017)

A.

Nothing contained in this title shall be deemed to require any change in the plans, construction or designated use of any building upon which actual construction was lawfully begun prior to the effective date of the ordinance codified in this title. "Actual construction" means the actual placing of construction materials in their permanent position, fastened in a permanent manner; actual work in excavating a basement or the demolition or removal of an existing structure begun preparatory to rebuilding; provided that in all cases, "actual construction" work shall be diligently carried on until the completion of the building or structure involved.

B.

The foregoing provisions shall also apply to nonconforming uses in districts extended and in new districts created after the effective date of the ordinance codified in this title.

(Ord. No. 743, § 3, 3-21-2017)

Government Code Sections 65864 through 65869.5 authorize the city to enter into binding development agreements with any person having a legal or equitable interest in real property for the development of such property and further authorize the city to establish procedures and requirements for consideration of development agreements upon application by, or on behalf of, the property owner or other person having a legal or equitable interest in the property. Therefore, when such agreements are deemed appropriate by the city to ensure orderly growth and development of the city, expand or extend specified public utilities, services, and facilities, enhance or protect existing amenities or provide new amenities for the benefit of the community; provide a furtherance of the goals and objectives of the general plan; or otherwise protect the public health, safety and welfare of the community, such agreements may be considered by the city under the regulations, procedures and requirements set forth in this chapter.

(Ord. No. 743, § 3, 3-21-2017)

The city council shall by separate resolution fix a schedule of fees and charges for the filing and processing of applications and documents required to be filed under these regulations, procedures, and requirements.

(Ord. No. 743, § 3, 3-21-2017)

Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has a legal or equitable interest in the real property which is the subject of the development agreement. The development services director may require an applicant to submit proof of his interest in the real property and/or the authority and purported agent to act on behalf of an applicant. Before processing an application, the development services director shall obtain the opinion of the city attorney as to the sufficiency of any applicant's interest in the real property and the applicant's qualifications to enter into the agreement.

(Ord. No. 743, § 3, 3-21-2017)

A.

The development services director shall prescribe the form for each application, notice and documents provided for or required under these regulations, procedures and requirements for the preparation and implementation of development agreements.

B.

The development services director may require an applicant to submit such information and supporting data as the development services director reasonably considers necessary to process the application.

(Ord. No. 743, § 3, 3-21-2017)

Editor's note— Ord. No. 816, § 1, adopted Mar. 4, 2025, repealed § 18.70.050, which pertained to preliminary review, and derived from Ord. No. 743, § 3, adopted Mar. 21, 2017. See Ch. 18.65 for current provisions.

Each application shall be accompanied by a form of development agreement proposed by the applicant. This requirement may be satisfied by use of a standard city form of development agreement. Specific proposals for modifications of or additions to the standard form may be proposed by the applicant. The agreement will be approved by the city at its sole discretion.

(Ord. No. 743, § 3, 3-21-2017)

An application shall contain, but not be limited to, the following information:

A.

A description of all real property subject to the agreement;

B.

The term of the agreement;

C.

Identification of parties to the agreement;

D.

Conditions precedent to change of parties to the agreement;

E.

A development plan;

F.

Development regulations and uses, including but not limited to, the permitted uses of the property, the density or intensity of use, and the maximum height and size of proposed buildings;

G.

A development program including timing, permits, and other authorizations and procedures;

H.

Provisions for reservations or dedications of land for public purposes;

I.

Conflicts with other laws and ordinances;

J.

Defaults, remedies, and termination procedures;

K.

Cooperative agreement in the event of legal challenge;

L.

Reimbursement of city costs;

M.

Performance recitals;

N.

Waivers and amendments;

O.

Severability.

(Ord. No. 743, § 3, 3-21-2017)

In the case of a new development, not previously authorized, the applicant shall obtain any or all of the following documents which are required by applicable law and the agreement shall include such references, terms, conditions, covenants, and standards as may be set forth in such documents:

A.

Approved/certified environmental document;

B.

Approved annexation documents;

C.

Approved zoning or prezoning;

D.

Approved planned unit development permit;

E.

Approved land use permit;

F.

Approved tentative subdivision map(s);

G.

Approved final subdivision map(s);

H.

Approved design review or site plan permits;

I.

Approved utility easements, right-of-way dedications, and/or other reservation or dedications for public purposes;

J.

Any other specific authorization deemed by the city to be of necessity a part of the development agreement.

(Ord. No. 743, § 3, 3-21-2017)

Where an existing development has been authorized by the city prior to the enactment of the ordinance from which this chapter derives and the development has not been commenced or is substantially incomplete, the agreement shall be applicable to only those portions of the development for which a valid building permit has not been issued. The contents shall include any amendments to the approvals listed in Section 18.70.080, and may contain any new authorizations or conditions deemed appropriate by the city to carry out the intent and purposes of this chapter and of the agreement.

Where any authorization under Section 18.70.080 is required by ordinance or by the plan of a new development and which authorizations have not previously been required of an existing development subject to this section, such requirements may be imposed only by the mutual consent of all parties to the agreement.

(Ord. No. 743, § 3, 3-21-2017)

A.

Upon formal application by an applicant, the development services director shall review the application and attachments in accordance with this title and any other applicable ordinance.

B.

Upon acceptance for filing by the development services director, copies of agreements, concurrent applications, plans and drawings shall be distributed to the city departments, public agencies, and responsible agencies as required by this title and any other applicable ordinance.

C.

Such departments and agencies shall have not longer than 45 days to respond to the application in writing; provided, however, that:

1.

In the event an environmental impact report (EIR) or combined EIR and environmental impact statement (EIS) is required, the responses to the application shall be received by the development services director no later than 30 days after certification and adoption of the final EIR or EIR/EIS.

2.

In the event a division of land subject to the state Subdivision Map Act and Division I of Title 17 is required, the responses to the application shall be received by the development services director, as required by state law.

D.

After receipt by the development services director of all written responses to the application and prior to giving notice of public hearing, the development services director shall prepare a report to the city planning commission which shall state whether or not the proposed agreement, or any amended form of the proposed agreement, is consistent with the city general plan, any applicable specific plan, previous authorizations, if any, and any applicable ordinances and codes.

(Ord. No. 743, § 3, 3-21-2017)

The development services director shall give notice of intention to consider adoption of a development agreement and of any other public hearing required by law or these regulations. The requirements for form and time of notice of intention to consider adoption of development agreement are as follows:

A.

Form of Notice. The form of the notice of intention to consider adoption of development agreement shall contain:

1.

The date, time, and place of the hearing;

2.

A general explanation of the matter to be considered, including but not limited to a general description of the real property affected; and

3.

Any other information required by specific provision of these regulations or which the development services director considers necessary or desirable.

B.

Time and Manner of Notice. Notice shall be given by development services director as required by the provisions of Government Code Sections 65090—65096. If combined hearings are to be held, separate notices for each such hearing must be given by the development services director.

C.

Failure to Receive Notice. The failure of any person who is entitled to be given notice by applicable law and/or these regulations to actually receive notice, if notice has been properly given, shall not affect the authority of the city to enter into a development agreement and no such development agreement shall be invalid by reason of such failure to receive notice.

(Ord. No. 743, § 3, 3-21-2017)

The public hearing shall be conducted in accordance with the procedural standards set forth in Government Code Section 65804 for the conduct of zoning hearings. Such hearings may be continued from time to time as deemed necessary. Each person interested in the matter shall be given an opportunity to be heard. The applicant has the burden of proof at the public hearing on the proposed development agreement.

(Ord. No. 743, § 3, 3-21-2017)

Where it is deemed appropriate by the development services director and does not conflict with the Government Code or city ordinance, a combined hearing or hearings may be held by the planning commission to avoid duplication of hearing requirements. The planning commission shall take action on each application and make separate findings by separate resolution or minute action.

(Ord. No. 743, § 3, 3-21-2017)

No action, inaction, or recommendation regarding the proposed development agreement shall be void or invalid or be set aside by a court by reason of any error, irregularity, informality, neglect, or omission as to any matter pertaining to petition, application, notice, finding, record, hearing, report, recommendation, or any matters of procedure whatsoever unless in an examination of the entire circumstances, including the evidence, the court is of the opinion that the error complained of was prejudicial and that by reason of the error the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed.

There shall not be a presumption that an error is prejudicial or that injury was done.

(Ord. No. 743, § 3, 3-21-2017)

A.

After the hearing by the planning commission, the commission shall make its recommendation concerning the agreement by resolution to the city council. The resolution shall include the planning commission's determination that the proposed development agreement:

1.

Is consistent with the objectives, policies, general land uses, and programs set forth in the general plan and any applicable specific plan;

2.

Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located;

3.

Is in conformity with public convenience, general welfare and good land use practice;

4.

Will not be detrimental to the public health, safety and general welfare;

5.

Will not adversely affect the orderly development of property or the preservation of property values.

B.

The resolution shall include statements specifying reasons for the recommendation.

(Ord. No. 743, § 3, 3-21-2017)

A.

The city council shall give notice of a public hearing or hearings in the time and manner set forth in Section 18.70.110 and the city council shall hold such hearings as are required by the Government Code, this title, and any other applicable ordinance.

B.

Upon completion of the public hearing by the city council, the city council may accept, modify, or disapprove the recommendation of the planning commission; or may request more information from the applicant or city staff before making a final determination.

C.

The city council shall not approve the development agreement unless it finds that the provisions of the agreement are consistent with the general plan and any applicable specific plan.

D.

Approval of a development agreement by the city council shall be by ordinance. The ordinance shall set forth the effective date of the agreement; provided, that the effective date shall be expressly conditioned upon all parties to the agreement certifying to their acceptance to all of the terms and conditions of the agreement by signature thereto prior to or upon the effective date. Failure of any of the parties to this agreement to so certify to the terms and conditions prior to the effective date shall automatically void the agreement.

(Ord. No. 743, § 3, 3-21-2017)

A.

Initiation. Either party may propose to amend or to cancel, in whole or in part, a development agreement previously entered into.

B.

Procedure. The procedure for amendment or cancellation, in whole or in part, of a development agreement shall be the same procedure set forth in Sections 18.70.020 through 18.70.160; however, where the city initiates the proposed amendment to or cancellation in whole or in part of the development agreement, it shall first give notice to all other parties to the agreement of its intention to initiate such proceedings at least 30 days in advance of consideration of the amendment or cancellation required by public hearing.

(Ord. No. 743, § 3, 3-21-2017)

A.

Within ten days after the city enters into the development agreement, the city shall record the agreement with the county recorder.

B.

If the parties to the agreement, or their successors in interest, amend or cancel the agreement as provided in Government Code Section 65868, or if the city terminates or modifies the agreement as provided in Government Code Section 65865.1 for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the city clerk shall have notice of such action recorded with the county recorder.

(Ord. No. 743, § 3, 3-21-2017)

A.

The city shall review the development agreement every 12 months from the date the agreement is entered into.

1.

The time for review may be shortened either by agreement between the parties or by:

a.

Recommendation of the development services director; or

b.

Affirmative vote of at least three members of the planning commission; or

c.

Affirmative vote of at least three members of the city council.

2.

In no event shall the review period exceed a period of 12 months.

B.

The development services director shall initiate the review proceedings by giving notice to all parties to the agreement that the city intends to undertake a periodic review of the development agreement, and shall give such notice at least 30 days in advance of the date of such review by the city.

(Ord. No. 743, § 3, 3-21-2017)

A.

If directed by the city council, the planning commission shall hear the matter regarding review of the development agreement.

B.

The city council or planning commission shall conduct a public hearing. The property owner must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue is upon the property owner.

(Ord. No. 743, § 3, 3-21-2017)

A.

If the development services director, city council, or planning commission finds and determines on the basis of substantial evidence that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review for the period shall be concluded.

B.

If the development services director, city council, or planning commission finds and determines on the basis of substantial evidence that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the city council or planning commission may commence proceedings to amend or cancel the agreement.

C.

If the planning commission is the reviewing body, the property owner may appeal the determination of the planning commission to the city council in accordance with Chapter 18.84, Appeals.

(Ord. No. 743, § 3, 3-21-2017)

A.

Notice of Proceedings. If, upon a finding under Section 18.70.210(B), the city determines to proceed to amend or cancel the agreement, the city, through the development services director, shall give notice to the property owner of its intention to amend or cancel. The notice shall contain:

1.

The date, time, and place of the hearing;

2.

A statement as to whether or not the city proposes to cancel or to amend the development agreement;

3.

Other information, which the city considers necessary to inform the property owner of the nature of the proceeding.

B.

Hearing. At the date, time, and place set for the hearing on amendment or cancellation, the property owner shall be given an opportunity to be heard. The city council may refer the matter back to the planning commission or city staff for further proceedings or for report and recommendation. The city council may impose such conditions as it considers necessary to protect the interests of the city. The decision shall be made by amendment or repeal of the agreement ordinance. The decision of the city council is final.

(Ord. No. 743, § 3, 3-21-2017)

The planned unit development (PUD) permit is designed and intended to provide for the orderly development of land in conformance with the comprehensive scheme contemplated by the land use element and other elements of the general plan of the city and specific plan, where applicable. The permit would allow a flexible design approach to the establishment of a community environment equal to or better than that resulting from the application of the minimum standards of this title. The permit is designed and intended to accommodate various types of development, such as neighborhood and district shopping centers, professional and administrative office areas, multi-family housing developments, single-family residential developments, commercial service centers, and light industrial parks, or any other use or combination of uses which can be made appropriately a part of a planned development.

(Ord. No. 743, § 3, 3-21-2017)

A PUD permits may be issued to property in any zone in accordance with this chapter.

(Ord. No. 743, § 3, 3-21-2017)

A.

The approval of a PUD permit under the provisions of this chapter for any property shall be accomplished only following application of the property owner or his/her authorized agent, or by initiation of the planning commission or by direction of the city council for the planning commission to initiate such permit process in accordance with the procedures established in this chapter.

B.

To apply for a PUD permit, the applicant shall file with the development services director an application for a PUD permit, together with a preliminary development plan as described in Section 18.72.040. Such application shall be processed in the manner prescribed by Chapter 18.73 for conditional use permits and this chapter.

C.

Once the PUD permit is filed, the development services director will set up a preliminary meeting with the applicant to discuss PUD consistency with underlying general plan land use, zoning districts, and any specific plan or applicable ordinances and codes.

(Ord. No. 743, § 3, 3-21-2017)

A.

An application for a PUD permit shall be accompanied by a preliminary development plan, drawn to scale, together with supporting data, and which shall include at least the following:

1.

The boundaries of the property, together with the names, locations, and width of surrounding streets, existing easements, and the present use of adjacent properties;

2.

A site plan depicting the location, elevation, and dimensions of all existing and proposed structures, parking areas, and other proposed uses on the subject property supplemented by a narrative description of all improvements proposed to be installed and the types of uses on each portion of the property;

3.

A landscape plan, denoting the major landscape elements and concepts;

4.

Schematic drawings, elevations and rendering depicting the architectural design of buildings and structures proposed to be constructed and written development standards which detail exterior construction materials and design;

5.

Other data requested by the development services director relative to those requirements set forth in Section 18.72.040 which may be applicable to the proposed development or any previously approved application;

6.

A schedule of time for construction for various portions of the development if the construction is proposed to occur in stages;

7.

A completed and approved environmental document;

8.

When applicable, supporting documents for a development agreement as required by Chapter 18.70 if such agreement is to be considered separately from the permit.

B.

The preliminary development plan and all supplemental data thereto shall be filed as a permanent record with the development services director.

(Ord. No. 743, § 3, 3-21-2017)

Within 30 days of filing a PUD permit application, the director shall determine the completeness of the application. Where it is found to be an incomplete application, the director shall notify the applicant in writing, specifying what information, maps or other data would make it a complete application.

(Ord. No. 743, § 3, 3-21-2017)

A.

Upon acceptance, the development services director shall transmit copies of the application to all departments and responsible permitting agencies, if necessary, for comment.

B.

Upon completion of review and comment, the director shall set the matter for public hearing as prescribed in Title 7 of the Government Code, Section 65905.

(Ord. No. 743, § 3, 3-21-2017)

The planning commission shall hold at least one public hearing on the matter. Within 90 days of the close of the public hearing, the planning commission shall make such findings as are required by law and recommend to the city council that the permit be approved, approved subject to specific written conditions, or the planning commission may deny the application for cause. Such action shall be by resolution.

(Ord. No. 743, § 3, 3-21-2017)

Where the planning commission has recommended approval, with or without conditions, the director shall transmit the record of the planning commission action to the city clerk for the purpose of setting a public hearing before the city council. The hearing shall be set in the manner prescribed by Title 7, Section 65905 of the Government Code. The city council shall hold at least one public hearing on the matter and shall render its decision to approve, approve subject to conditions, or deny the application for cause, within the time limits prescribed by Title 7, Section 65950 or Section 65952.1 of the Government Code. The city council's action shall be by resolution with such findings as are required by law.

(Ord. No. 743, § 3, 3-21-2017)

Appeals shall be handled in the manner prescribed in Chapter 18.76, "Site Plan and Architectural Review Approval."

A.

The precise development plan shall consist of a map or maps, together with supplemental descriptive data, which shall show the location of all buildings and structures to be constructed upon the property and such other information as may be needed to fully describe and locate all features of the proposed development. The precise development plan shall substantially conform to and comply with the provisions of the preliminary development plan as approved and adopted by the planning commission.

B.

Where phased development is to occur, the precise development plan may be filed in separate units or stages. However, the city will require information on all phases for the purposes of environmental review.

(Ord. No. 743, § 3, 3-21-2017)

Unless otherwise specified by the resolution of approval for the preliminary development plan, the precise development plan shall be reviewed for consistency with the preliminary development plan and completeness of its contents by the development services director. The director shall also refer such submittal to any statutorily responsible city agency, planning commission or the city council if such precise development plan is required to receive further approval. Where it is determined by the development services director that a precise development plan is consistent with the approved preliminary development plan, the director shall so certify in writing and within 30 days of that determination, send such certification to the applicant, any affected agency, and city department necessary.

(Ord. No. 743, § 3, 3-21-2017)

Where statutory or city council requirements place precise development plan approval or parts thereof in the jurisdiction of the planning commission or city council, the director shall make a report to the approving body as to the consistency of the precise development plan to the preliminary development plan. The action of the approving body shall constitute the city's findings regarding consistency.

(Ord. No. 743, § 3, 3-21-2017)

The precise development plan and all supplemental data, thereto, shall be filed as a permanent record with the development services director. After the effective date of the permit no grading shall be commenced nor shall any building or structure be erected, moved, altered, enlarged or rebuilt on such property except in compliance with the precise development plan as approved.

(Ord. No. 743, § 3, 3-21-2017)

The planning commission may adopt as part of the permit and the city council may adopt as part of any development plan agreement, as specified in Chapter 18.70, requirements, regulations, limitations and restrictions either more or less restrictive than those specified elsewhere in this title or, in the event of a development agreement, conditions more or less restrictive than specified in other regulations of the city. Such requirements, regulations, limitations and restrictions may include and relate to the following:

A.

The number of residential dwelling units per acre, subject to the land use and housing elements of the general plan;

B.

Percentage of coverage of land by buildings and structures;

C.

Height and bulk limitations, arrangements, and spacing of buildings and other improvements;

D.

Traffic control and arrangement, design and dimensions of streets, alleys, pedestrian ways, parking, and loading areas;

E.

Screening of uses from each other and from adjacent areas, including use of fencing, walls and landscaping for those purposes;

F.

Establishment and continuous maintenance of open space and other areas provided for use in common by deed, easement, or other form of agreement;

G.

Architectural design and color of buildings and structures, including signs;

H.

Planting and maintenance of trees, shrubs, plants, and lawns;

I.

Measures designed to minimize or eliminate noise, dust, odor, fumes, smoke, vibrations, glare, or radiation that would have an adverse effect on the present or potential development of various portions of the property and surrounding properties;

J.

Schedule of time for construction of the proposed buildings and structures, or any stage of development thereof;

K.

Location, design, and installation of renewable energy generation facilities, utilities, public facilities, and easements.

(Ord. No. 743, § 3, 3-21-2017)

Where the PUD permit is used to impose special provisions regarding the design and development of a residential subdivision the tentative subdivision map as described in Division I of Title 17 shall constitute a part of the applicant's preliminary development plan and the final subdivision map as described in Division I of Title 17 shall constitute a part of the precise development plan.

(Ord. No. 743, § 3, 3-21-2017)

Following adoption of the preliminary development plan or precise development plan, as the case may be, the plan shall not be changed, amended, or altered in any manner except as set forth in this section. Any substantial change or alteration in the actual physical characteristics of the plan, its configuration, or uses shall amount to a new permit and shall only be accomplished, pursuant to a new application. Any other minor changes or alterations may be approved administratively, either with or without public noticing, as determined by the development services director.

(Ord. No. 743, § 3, 3-21-2017)

A.

Any permit issued under the provisions of this chapter shall automatically terminate and the affected property shall automatically revert to its prior status at the end of two years following the effective date of the permit or amendment if a precise development plan has not been filed and approved in accordance with the preliminary development plan. The planning commission may extend the term of a preliminary plan upon a showing of good cause by the applicant.

B.

Any development agreement adopted under the provisions of Chapter 18.70 which is terminated for any reason shall automatically terminate a permit and the affected property shall automatically revert to its prior status. Such revision shall also occur one year after approval of the precise development plan if the construction specified in the precise development plan has not been substantially commenced. The city council may extend the time to commence construction upon a showing of good cause by the applicant.

(Ord. No. 743, § 3, 3-21-2017)

A.

The purpose of the conditional use permit is to ensure the proper integration of uses, which because of their special nature and/or potential for becoming a nuisance may be suitable only in certain locations or zoning districts and then only when such uses can be controlled or designed in a particular manner. Conditional uses often involve such factors as noise, dust, dirt, litter, fumes, odors, vibrations, or pedestrian or traffic congestion and/or safety, and other potential problems or hazards of various kinds.

(Ord. No. 743, § 3, 3-21-2017)

Uses set forth in this title as conditional uses, including all matters relating to their establishment, operation, and maintenance are determined to be of such nature and character as to preclude listing them as permitted uses in any district without special review. The special review shall be for the purpose of determining whether each proposed conditional use is, and will continue to be compatible with surrounding existing and planned uses and whether the conditional use will conform in all respects to the requirements under this Code, and for the further purpose of establishing such special conditions as may be necessary to ensure the harmonious integration and continued compatibility of the use in its immediate neighborhood and within the surrounding area.

(Ord. No. 743, § 3, 3-21-2017)

Use permit, revocable, conditional, or valid for a term period may be issued for any of the uses or purposes for which such permits are required or permitted by the terms of this title. Granting of a use permit does not exempt the applicant from complying with applicable requirements of building codes and other ordinances.

(Ord. No. 743, § 3, 3-21-2017)

Application for use permit shall be made in writing on a form prescribed by the development services director and shall be accompanied by plans and elevations, site plans and/or data necessary to show that conditions set forth in Sections 18.73.060 through 18.73.540 are fulfilled as required by the development services director. Such application shall be accompanied by a fee as provided by resolution of the city council.

(Ord. No. 743, § 3, 3-21-2017)

Public hearings before the planning commission shall provide public notice of the use permit application in question at least ten calendar days in advance of the planning commission meeting.

(Ord. No. 743, § 3, 3-21-2017)

The city council is aware that from time to time persons in possession of property desire to use property for purposes which are not specifically provided for in this title. In order to carry out the intent of this chapter and to promote the general welfare of the community, the city council authorizes the granting authority to grant use permits for uses which are not provided for in this chapter subject to the following:

A.

A finding by the granting authority that the use is substantially similar in characteristics, intensity and compatibility to a use or uses within the zoning classification applicable to the property,

B.

A finding by the granting authority that the use would be appropriate in the zoning classification applicable to the property as permitted or conditional use. Each such use shall conform to all regulations and conditions of approval applicable to similar described uses specified in the provisions of the applicable zone, as well as the standards and provisions applicable to the similar uses in this title.

(Ord. No. 743, § 3, 3-21-2017)

The granting authority may grant a use permit upon the finding that the requirements set forth in Sections 18.73.060 through 18.73.070 are fulfilled, provided the commission may stipulate additional conditions and guarantees that such conditions will be complied with when, in the public interest, such additional conditions and guarantees may be deemed to be necessary.

(Ord. No. 743, § 3, 3-21-2017)

In granting a use permit, the planning commission shall find the following general conditions to be fulfilled:

A.

That the establishment, maintenance or operation of a use or building applied for are in conformity to the general plan for the city with regard to circulation, population densities and distribution, design, and/or other aspects of the general plan considered by the development services director to be pertinent;

B.

That adequate utilities, access roads, pedestrian and bicycle access, drainage, parking, and/or other necessary facilities have been or are being provided;

C.

That the applicant exhibits proof that such use will not, under the circumstances of the particular case, constitute a nuisance or be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in or passing through the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city, provided that if any proposed building or use is necessary for the public health, safety or general welfare, the finding shall be to that effect.

D.

That the proposed use conforms with all relevant federal, state, and local laws and regulations.

(Ord. No. 743, § 3, 3-21-2017)

Under the following circumstances a use permit may be revoked, modified, or extended by the planning commission:

A.

In the case where the conditions of a use permit have not been or are not being complied with,

B.

In the case where the use permit has been exercised and that use has ceased or been discontinued for a consecutive period of 12 months.

C.

Prior to consideration by the planning commission, the item shall be set for public hearing in the manner prescribed by law.

(Ord. No. 743, § 3, 3-21-2017)

Appeal from the action of the development services director and/or planning commission may be made according to Chapter 18.84, Appeals.

(Ord. No. 743, § 3, 3-21-2017)

A temporary use permit authorizing certain temporary use classifications shall be subject to the following provisions:

A.

Application and Fee. A completed application form and the required fee shall be submitted to the development services director. The development services director may request any other plans and materials necessary to assess the potential impacts of the proposed temporary use.

B.

Duties of the Community Development Director. The development services director shall approve, approve with conditions or deny an application within five working days of submittal of a complete application. No notice or public hearing shall be required.

C.

Required Findings. The application shall be approved as submitted or in modified form if the development services director finds:

1.

That the proposed temporary use will be located, operated, and maintained in a manner consistent with the policies of the general plan and the provisions of this title; and

2.

That approval of the application will not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare.

D.

Conditions of Approval. In approving a temporary use permit, the development services director may impose reasonable conditions necessary to:

1.

Achieve the general purposes of this title and the specific purposes of the zoning district in which the temporary use will be located;

2.

Protect the public health, safety, and general welfare; and

3.

Ensure operation and maintenance of the temporary use in a manner compatible with existing uses on adjoining properties and in the surrounding area.

E.

Effective Date—Duration—Appeals. An approved temporary use permit shall be effective on the date of its approval; a disapproved permit may be appealed by the applicant, as provided in Chapter 18.84, Appeals. The permit shall be valid for a specified time period not to exceed 45 days. A temporary use permit shall lapse if not used within the dates approved and may be revoked by the development services director effective immediately upon verbal or written notice for violation of the terms of the permit or the conditions specified in this section. The development services director may approve changes in a temporary use permit. The total time allowed for all such uses shall not exceed 45 days unless an extension is granted by the planning commission.

(Ord. No. 743, § 3, 3-21-2017)

Zoning occupancy certificates shall be required for the use of vacant land, for a change in the character of the use of land or for the occupancy or change of occupancy of any building, within any district established by this title, except that residential buildings or the use of land for agriculture shall not require a zoning occupancy certificate.

(Ord. No. 743, § 3, 3-21-2017)

Application for a zoning occupancy certificate shall be made in writing on a form prescribed by the development services director and shall contain such information necessary to determine compliance with this title and other city ordinances.

(Ord. No. 743, § 3, 3-21-2017)

The zoning occupancy certificate shall be issued after an inspection of the buildings has been made and the proposed use of the building is in conformance with this title and/or other applicable ordinances of the city.

(Ord. No. 743, § 3, 3-21-2017)

In any case where the conditions of granting of a zoning occupancy certificate have not, or are not in compliance, the development services director shall give notice to the permittee of intention to revoke such zoning occupancy certificate. Such revocation shall be subject to confirmation by the planning commission.

(Ord. No. 743, § 3, 3-21-2017)

In any case where a zoning occupancy certificate is not used within six months after the date of the granting thereof, then without further action by the development services director or planning commission, the zoning occupancy certificate shall be null and void.

(Ord. No. 743, § 3, 3-21-2017)

Appeal from the action of the development services director and/or planning commission may be made according to the provisions of Chapter 18.84, Appeals.

(Ord. No. 743, § 3, 3-21-2017)

Site plan and architectural review and approval by the planning commission shall be required for the following:

A.

For any use for which a conditional use permit is required, as indicated in the allowed use tables in Sections 18.08.060, 18.20.070, and 18.28.070;

B.

Is considered a "major site plan," as defined in Section 18.76.050, below; and

C.

For any proposed construction in the P, OS, or PQP districts.

(Ord. No. 743, § 3, 3-21-2017)

Site plan and architectural review and approval by the development services director shall be required for the following:

A.

For any use for which administrative review is permitted by the allowed use tables in Sections 18.08.060, 18.20.070, and 18.28.070;

B.

For any addition to an existing single-family residence;

C.

Reconstruction or alteration of existing buildings, except for the addition or maintenance of landscaping, where the alteration affects the exterior appearance of the building or circulation to the site;

D.

Projects involving a change or intensification of land use, such as the conversion of an existing building to a restaurant, or the conversion of a residential structure to an office or commercial use, except where permitted in the WDSP;

E.

Any project in the APS, RM, RH, RMU or commercial zoning districts, not considered a "major site," as defined in Section 18.76.050.

(Ord. No. 743, § 3, 3-21-2017)

Projects, subject to site plan and architectural review, shall be required to submit an application for site plan and architectural review to the planning department, prior to the submittal of an application for an issuance of a building permit. Applications for site plan and architectural review approval shall show:

A.

Siting of structures so as to preserve light and air on adjoining properties;

B.

Provision for protection of other properties so that proposed use shall not constitute a nuisance;

C.

Design and location of parking facilities;

D.

Control of ingress and egress so as to minimize traffic hazards, protect the general safety, and ensure safety of pedestrians and bicyclists;

E.

Landscaping of yard and setback areas;

F.

Elevations, design, height, and intended use of proposed buildings and other structures;

G.

The number, size, location, and design of existing and proposed signs; and

H.

The exterior lighting plan, indicating the size, orientation, location, height, and appearance of fixtures.

(Ord. No. 743, § 3, 3-21-2017)

Projects shall be reviewed for compliance with the allowed list of activities and all applicable development standards of this title and relevant city standards.

The city council is empowered to adopt, by resolution, specific development guidelines and criteria for site planning and architecture. These guidelines shall be used by the development services director and planning commission, where relevant, to review all development projects for which the site plan and architectural review process specified by this chapter are required. These guidelines and criteria may be amended from time to time by a resolution of the city council, after consideration and recommendation by the planning commission.

(Ord. No. 743, § 3, 3-21-2017)

Planning commission approval is required for major site plan and architectural review projects. The commission may establish criteria to delegate some approvals to the development services director. Major site plans refer to plans that propose more than 100 attached or detached single-family dwelling units, more than 160 multi-family dwelling units, or 50,000 square feet of gross floor area in a non-residential land use, or a combination of residential and non-residential land uses of more than 80,000 square feet of gross floor area.

The development services director has review and approval authority for projects, as defined in Section 18.76.020. The development services director shall review all applicable information and within 30 days of receiving all required application materials, make a determination whether the proposed project meets all the standards required by this title and relevant city standards. The decision of the planning director may be appealed to the planning commission, pursuant to Chapter 18.84.

(Ord. No. 743, § 3, 3-21-2017)

The purpose of this chapter is to implement the waterfront district specific plan in accordance with the general plan; to recognize the interdependence of land values, preservation of historic structures and aesthetics and to provide a method by which the following goals can be achieved:

A.

To promote important aesthetic values of the community provided in the built environment;

B.

To assist in the development of architectural standards and guidelines for residential, office, commercial, retail, business and industrial structures;

C.

To preserve and protect historic structures;

D.

To assure that the community's cultural heritage, as reflected in the built environment is not lost;

E.

To enhance property values in the waterfront district specific plan (DWSP) area.

(Ord. No. 743, § 3, 3-21-2017)

The planning commission shall serve as the architectural review board (ARB) and be responsible to assure that the purposes and provisions of this chapter are implemented.

(Ord. No. 743, § 3, 3-21-2017)

A.

It shall be the responsibility of the ARB to review applications for alterations, construction, improvements, demolitions, removal of improvements and signs within the DWSP, as specified by Chapter 18.26. The ARB shall have the authority to approve, modify, or disapprove such applications, except where further action must be taken by the city council, in which cases, the action of the ARB shall be advisory. The ARB may authorize administrative approval of applications for signs or other minor actions that may be delegated to the development services director.

B.

It shall be the responsibility of the ARB to update the survey and inventory of historic properties, which comprise the city's local register of historic structures and sites. The ARB shall review the local register annually, make recommendations for the addition or deletion of structures or sites, and submit these recommendations to the city council for certification. In selecting properties for nomination to the local register, the ARB shall consider:

1.

Architectural significance and style; and

2.

Historic significance, including age of structure, site, or original owners.

(Ord. No. 743, § 3, 3-21-2017)

A.

Local Register of City Historic Properties is Established. It is the intent of this section that all structures certified for listing on the local register may be eligible under the definition of "qualified historic building" for applicability of the state historic building code standards, as administered by the chief building official. It is further the intent of this section that the certified local register structures and their significant architectural features be preserved and that any additions, alterations, new construction, or improvements be undertaken in accordance with the design criteria established by the waterfront district specific plan.

(Ord. No. 743, § 3, 3-21-2017)

The development services director shall have the power to grant variances from the terms of this title subject to appeal to the planning commission by any person or persons affected by the variance, except that in no case shall a variance be granted by the development services director to allow a use of land or buildings that is prohibited in the zoning district in which the subject property is located.

(Ord. No. 743, § 3, 3-21-2017)

Variances from the terms of this title may be granted only when the following conditions are found:

A.

Because of special circumstances applicable to the specific property in question, including size, shape, topography, location or surroundings, the strict application of this title would deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification.

B.

The variance granted shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zoning district within which the subject property is situated.

(Ord. No. 743, § 3, 3-21-2017)

Applications for variances shall be filed with the development services director upon such forms and accompanied by such data as may be prescribed by the development services director so as to assure the fullest practicable presentation of the facts for the permanent record. Each such application for variance shall be accompanied by a fee set by resolution of the city council.

(Ord. No. 743, § 3, 3-21-2017)

At least ten days prior to the granting of any variance permit, notice of the proposed variance shall be given by a newspaper of general circulation in the city or by posting in three public places designated for posting in the city, or by posting on the property for which variance is sought. Notices shall also be provided to all property owners within 300 feet of the property that is subject to the application.

(Ord. No. 743, § 3, 3-21-2017)

A.

No public hearing need be held on variance permit applications provided that the planning commission shall hold a public hearing when the development services director, as a result of public notice, deems such hearing is advisable in the public interest.

B.

Should a public hearing before the planning commission be scheduled, an additional public notice of the variance permit application in question shall be given in the same manner as prescribed in Section 18.80.040 at least ten working days in advance of a regular meeting of the planning commission.

(Ord. No. 743, § 3, 3-21-2017)

The development services director shall grant a variance permit in accordance with any instruction of the planning commission and provided the conditions set forth in Section 18.80.020 are satisfied. The applicant shall be forthwith notified of the action being taken.

(Ord. No. 743, § 3, 3-21-2017)

Appeal from the action of the development services director and/or planning commission may be made according to the provisions of Chapter 18.84, Appeals.

(Ord. No. 743, § 3, 3-21-2017)

In any case where a granted variance has not been exercised within six months after the date of granting thereof, then without further action by the development services director or planning commission, the variance shall be null and void.

(Ord. No. 743, § 3, 3-21-2017)

This title may be amended whenever the public necessity and convenience and the general welfare require such amendment by following the procedure described in this chapter.

(Ord. No. 743, § 3, 3-21-2017)

An amendment may be initiated by any one of the following:

A.

Verified petition of one or more owners of property affected by the proposed amendment, which petition shall be filed with the planning commission and shall be accompanied by a fee set by resolution of the city council, of which no part shall be returnable to the petitioner; or

B.

Resolution of intention by the city council; or

C.

Resolution of intention by the planning commission.

(Ord. No. 743, § 3, 3-21-2017)

A.

The planning commission shall hold at least one public hearing on any proposed amendment.

B.

In case the proposed amendment consists of a change to the text of this title, the planning commission shall give notice thereof by posting the notice of public hearing in the newspaper of general circulation of the city or in three public places designated for posting within the city at least ten days prior to the public hearing.

C.

In case the proposed amendment consists of a change of the boundaries of any district so as to reclassify property from any district to any other district, the planning commission shall give notice of the time and place of such hearing and of the purpose thereof by mailing first class, in the United States Mail, a written notice of the hearing, not less than five days prior to such hearing, to the owners of all property involved and also to the owner in care of each street address inside the city limits within 300 feet of the outer boundary of the proposed amendment, and by posting the notice in at least three places on the property. Any failure to receive such postal card notices, as provided in this subsection, shall not invalidate any proceedings for amendment of this title.

(Ord. No. 743, § 3, 3-21-2017)

Following the hearing provided for in Section 18.82.030, the planning commission shall make a report of its findings and recommendations with respect to the proposed amendment and shall file with the city council an attested copy of such report within 90 days after the notice of the hearing; provided, that such time limit may be extended upon mutual agreement of the parties having an interest in the proceedings. Failure of the planning commission to so report within 90 days without the aforesaid agreement shall be deemed to be recommendation of approval of the proposed amendment by the planning commission.

(Ord. No. 743, § 3, 3-21-2017)

A.

Upon receipt of the report provided in Section 18.82.040 from the planning commission, or upon the expiration of the 90 days as provided in Section 18.82.040, the city council shall set the matter for public hearing and shall give notice thereof by one publication in a newspaper of general circulation within the city or posting in the three public places designated for posting within the city at least ten days prior to such hearing.

B.

After conclusion of the hearing, the city council may adopt or reject the proposed amendment as the council may deem advisable, but provided that any proposed change shall be referred back to the planning commission for study and report before adoption by the council. The report shall be due within 35 days after being received by the planning commission.

(Ord. No. 743, § 3, 3-21-2017)

Upon the consent of the planning commission, any petition for an amendment may be withdrawn upon the written application of a majority of all the persons who signed such petition. The city council or the planning commission, as the case may be, may, by resolution, abandon any proceedings for an amendment initiated by its own resolution of intention, provided that such abandonment may be made only when such proceedings are before such body for consideration, and provided that any hearing of which public notice has been given shall be held.

(Ord. No. 743, § 3, 3-21-2017)

The planning commission shall have power to hear and decide appeals when it is alleged by the appellant that there is error in any order, requirement, permit, decision, or determination made by an administrative official in the administration or enforcement of this title.

(Ord. No. 743, § 3, 3-21-2017)

Any person, firm, or corporation aggrieved or affected by any determination in the administration of this title may, within ten days, file an appeal in writing with the planning commission. Filing of an appeal shall stay all proceedings on furtherance of the action appealed from until the determination of the appeal.

Upon receipt of such appeal by the commission, the commission shall set a date for a public hearing not less than 35 days thereafter. Notices of such hearing shall be posted on the property involved at least five days prior to such hearing.

(Ord. No. 743, § 3, 3-21-2017)

The development services director shall transmit to the commission copies of all papers constituting the record of action appealed from, including a written statement setting forth the reasons for his decision.

(Ord. No. 743, § 3, 3-21-2017)

Upon hearing the appeal, the planning commission shall find that the decision appealed from shall be affirmed, changed, or modified. Notice of the commission's decision shall be mailed forthwith to the original applicant, the person making the appeal, and to any other person who has filed a written request with the commission.

(Ord. No. 743, § 3, 3-21-2017)

In case an applicant or any interested party is not satisfied with the decision of the planning commission, he or she may appeal in writing to the city council within ten days. A copy of the appeal shall be submitted to the planning commission. The city council shall consider the appeal and render its decision within 60 days after receipt of the appeal.

(Ord. No. 743, § 3, 3-21-2017)

A call for review may be filed by two members of the city council with the development services director within ten days of the commission's decision. No fee shall be required. The city council shall consider the item called for review and render its decision within 60 days after the filing of the request for review with the development services director.

(Ord. No. 743, § 3, 3-21-2017)

Decisions that are appealed or called up for review shall not become effective until the appeal or review is resolved.

(Ord. No. 743, § 3, 3-21-2017)

The development services director shall be a qualified member of the planning staff, designated by the planning commission, who shall normally be available to the general public during regular office hours.

(Ord. No. 743, § 3, 3-21-2017)

The development services director shall administer this title in accordance with the provisions of this title and the instructions of the planning commission.

(Ord. No. 743, § 3, 3-21-2017)

It is the duty of the development services director and the planning commission to enforce the provisions of this title pertaining to the erection, construction, reconstruction, moving, conversion, alteration, or addition to any building or structure. It is the duty of the city manager and all officers of the city, charged in this title or otherwise charged by law with the enforcement of this title, to enforce this title and all its provisions.

(Ord. No. 743, § 3, 3-21-2017)

All departments, officials and public employees of the city who are vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this title, and shall issue no such permits or licenses for uses, buildings, or purposes where the same would be in conflict with the provisions of this title; and any such permits or licenses, if issued in conflict with the provisions of this title, shall be null and void.

(Ord. No. 743, § 3, 3-21-2017)

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this title is unlawful and a public nuisance. The city attorney shall, upon order of the city manager, immediately commence action or proceedings for the abatement, removal, and enjoinment thereof in the manner provided by law, and shall take such other steps, and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate and remove such building or structure, and restrain and enjoin any persons, firm or corporation from setting up, erecting, building, maintaining, or using any such building or structure, or using any property contrary to the provisions of this title.

(Ord. No. 743, § 3, 3-21-2017)

The remedies provided for in this chapter shall be cumulative and not exclusive.

(Ord. No. 743, § 3, 3-21-2017)

A violation of any provision of this title shall be prosecuted as an infraction punishable by fines as authorized by Government Code Section 36900. Said fine is not to exceed $50.00 for a first conviction; $100.00 for a second conviction within one year; and $250.00 for a third or subsequent conviction within one year. Upon conviction, each day on which any violation of this title is committed or permitted, may be considered a separate offense, punishable as specified by this section.

(Ord. No. 743, § 3, 3-21-2017)