An application for a variance shall be made to the community development department on a form prescribed by the city, and shall be accompanied by a variance application fee, a statement, plans or other evidence showing that the application complies with the above requirements of this section. Fees for variance applications shall be set by resolution of the city council.

No application shall be accepted as complete unless and until all fees, the application form and related information are filed with and accepted by the planning department. Failure of any applicant to respond, within 30 days of mailing, to any notice that the application is incomplete or to any request to clarify, amplify, correct or otherwise supplement the application shall be deemed an abandonment of the variance application, and no further action shall be taken upon it.

All applications shall be reviewed pursuant to and for compliance with the California Environmental Quality Act (CEQA) under state law and any procedures established by the city council. Conditions of approval shall include any measures required pursuant to the CEQA review.

All applications shall be reviewed by the appropriate members of the city staff. The report of the staff members, including any recommended conditions of approval, shall be coordinated and forwarded to the planning commission, as appropriate by the community development director, prior to the hearing on the application.

The planning commission shall hold a public hearing on each application after the application is accepted as complete. Notice of the time and place of the hearing, including a general explanation of the matter to be considered and a general description of the area affected, shall be given by publication, as required by Government Code Section 65090, and by mail, as required by Section 65091. Failure to receive the notice required by Government Code Section 65091 shall not invalidate any action on the application. The city council may, by resolution, provide for additional notice. Any hearing may be continued to a specific time, date and place without further public notice.

The planning commission may approve, conditionally approve or deny approval of the application by resolution. A resolution approving a variance application shall clearly describe the variance, set forth all conditions of approval, and identify which conditions, if any, must be met prior to use of the variance. No variance shall be granted unless findings of fact are made that all of the criteria in subsection A of this section apply. The planning commission may require security it deems reasonably necessary to ensure compliance with any conditions imposed.

The granting of any variance may be conditioned to require the dedication of land or the posting of a bond to guarantee the installation of public improvements, provided the dedication or public improvements are reasonably related to the use for which the variance is granted. No variance shall be granted unless conditions are imposed that assure that the variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone district in which the subject property is located. No variance shall be granted which authorizes a use or activity which is not expressly authorized by the zone district regulations. Every variance granted under this section is revocable; revocation proceedings shall require notice and public hearing the same as for a variance.

After the time for filing an appeal has expired, or if an appeal is timely filed, after the decision on the appeal, the community development director shall mail or deliver to the applicant or designee a copy of the executed resolution on the decision. A resolution approving or affirming the approval of or reversing the disapproval of a variance application shall permit the applicant to vary from the applicable zoning regulations to the extent authorized in the resolution, provided any precedent conditions imposed therein have first been met.

No building permit or mobile home installation permit for which a variance is required shall be issued until the time to appeal approval of the variance has expired, or in case of appeal, until the approval has been affirmed or the disapproval has been reversed by the city council.

An application for a use permit shall be made in writing on a form prescribed by the city, and shall be accompanied by an application fee, a clear and concise description of the use and accompanying activities, and shall contain plans or maps showing the details of the proposed use, building or facilities. Fees for use permit applications shall be set by resolution of the city council.

No application shall be accepted as complete unless and until all fees, the application form and related information are filed with and accepted by the community development department. Failure of any applicant to respond, within 30 days of mailing, to any notice that the application is incomplete or to any request to clarify, amplify, correct or otherwise supplement the application shall be deemed an abandonment of the use permit application and no further action shall be taken upon it.

All applications shall be reviewed pursuant to and for compliance with the California Environmental Quality Act (CEQA) under state law and any procedures established by the city council. Conditions of approval shall include any measures required pursuant to the CEQA review.

All applications shall be reviewed by appropriate members of the city staff. The report of the staff members, including any recommended conditions of approval, shall be coordinated and forwarded to the planning commission, as appropriate by the community development director prior to the hearing on the application.

The planning commission shall hold a public hearing on each application after the application is accepted as complete. Notice of the time and place of the hearing, including a general explanation of the matter to be considered and a general description of the area affected, shall be given by publication as required by Government Code Section 65090, and by mail, as required by Government Code Section 65091. Failure to receive the notice required by Government Code Section 65091 shall not invalidate any action on the application. The city council may, by resolution, provide for additional notice. The planning commission may continue any hearing to a specific time, date and place.

The planning commission may approve, conditionally approve or deny approval of the application by resolution. A resolution approving a use permit application shall clearly describe the uses permitted, set forth all conditions of approval, and identify which conditions, if any, must be met prior to use of the use permit. No use permit shall be granted unless findings of fact are made that the establishment, maintenance or operation of the use, building or facilities applied for will not, under the circumstances of the particular use, be detrimental to or contrary to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of the proposed use or be detrimental or injurious to property or improvements in the neighborhood or to the general welfare of the city; provided, if any proposed use, building or facility is necessary for the public health, safety or general welfare, the findings shall so state. The planning commission may require security it deems reasonably necessary to ensure compliance with any conditions imposed.

The granting of any use permit may be conditioned to require the dedication of land or the posting of a bond to guarantee the installation of public improvements, provided the dedication or public improvements are reasonably related to the use for which the use permit is granted. Every use permit granted under this section is revocable. Any use permit granted under this section may be limited by the planning commission to a term set when the use permit is granted. The establishment, maintenance or operation of any use under this section shall cease at the end of the term, if any, of the use permit. No use permit granted under this section may be renewed, but a new use permit may be granted upon terms and conditions appropriate at the time of such grant. Revocation proceedings shall require notice and a public hearing the same as for the use permit.

After the time for filing an appeal has expired, or if an appeal is timely filed, after the decision on the appeal, the community development director shall mail or deliver to the applicant or designee a copy of the executed resolution on the decision. A resolution approving or affirming the approval of or reversing the disapproval of a use permit application shall constitute the use permit and shall permit the applicant to engage in the use or undertake the activity described provided any conditions imposed therein have first been met.

No building permit or mobile home installation permit for which a use permit is required shall be issued until the time to appeal approval of the use permit has expired, or, in case of appeal, until the approval has been affirmed or the disapproval has been reversed by the city council.

Any interested person may appeal a decision of the planning commission to approve, conditionally approve or deny an application for a variance or use permit, or to amend or add conditions, or to revoke a variance or use permit by filing a notice of appeal with the city clerk within five calendar days of the decision. The notice of appeal shall identify, by application number, the variance or use permit which is the subject of the appeal, shall state the action, finding or determination, and the date thereof, from which the appeal is taken; and shall specifically set forth the grounds upon which the appeal is based. No appeal shall be deemed to be filed unless any required fee is submitted to the city clerk with the notice of appeal.

The city clerk shall furnish copies of the notice of appeal to each city council member, the community development director, city attorney and the applicant, permittee or holder of the affected variance or use permit.

The city council shall set the matter for public hearing and the city clerk shall give notice of the hearing in the same manner as notice of the hearing was given before the planning commission. The city clerk shall notify the appellant and all persons to whom the notice of appeal is to be furnished of the date, time and place of the hearing. Any hearing shall be limited to the grounds specifically stated in the notice of appeal.

The record on appeal shall consist of a copy of the application and all related documents, the environmental assessment, including any environmental impact report, if one has been prepared; the staff report to the planning commission and recommendation; the minutes of the hearing before the planning commission, including a fair summary of all testimony received, and all other documentary, pictorial or other physical evidence received at the hearing.

The city council shall review the record on appeal and any additional relevant information which may be received at the hearing before it. Whenever the evidence before the city council supports any findings or determination which prohibits approval under Sections 17.112.010(F) or 17.112.020(F) the city council shall not affirm the approval or reverse the disapproval of a variance or use permit unless appropriate conditions sufficient to overcome all such findings are included in the decision. The city council may continue any hearing to a specific time, date and place without requiring further public notice; provided, however, it shall render its decision no later than 15 days after it first hears the matter. The city council may, at its discretion, refer any application back to the planning commission for further review and report. The city council may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, determination or condition appealed. The action of the city council shall be final.

Whenever the community development director determines that one or more grounds exist for revocation of a variance, use permit or home occupation permit, the planning commission may set the matter for hearing before it by resolution of intention to revoke the variance or use permit. The holder of the variance or the permittee shall be given notice by mail of the grounds, time and place of the hearing at least 15 days prior to the hearing.

Grounds for revocation include, but are not limited to:

The planning commission may revoke or decline to revoke the variance, use permit or home occupation permit. In lieu of revocation, the planning commission may amend existing conditions of approval or impose additional conditions, as appropriate.

Every variance, use permit or home occupation permit expires and is null and void without further action by the city if the activity or the use for which the variance, use permit or home occupation permit was granted has not been actively and substantially commenced within one year of the date of its approval, or the date the approval was affirmed or the disapproval was reversed on appeal. The community development director has the authority to declare, based on length of time and operation of law, that the variance, use permit or home occupation permit has been abandoned and is, therefore, null and void.

The planning commission may extend the time for commencement of the use or activity when the variance, use permit or home occupation permit is approved, or during the year following approval or affirmation of approval of the variance, use permit or home occupation permit, if an application for an extension of time is made to the planning department prior to expiration of the variance, use permit or home occupation permit. The decision on an application for an extension of time is ministerial and a public hearing on the application is not required. An extension of time shall be approved if the permittee shows reasonable cause for the extension. Reasonable cause exists if the applicant shows that circumstances beyond his or her control have prevented him or her from taking sufficient action. The decision on an application may be appealed to the city council under the provisions of Section 17.112.030, but a public hearing is not required on the appeal.

The time limitations imposed under subsections D and E of this section shall not include any period during which litigation is pursued challenging the validity of the approval of a variance, use permit or home occupation permit.

The holder of a variance, use permit or home occupation permit may surrender it to the community development department at any time and thereafter shall cease to engage in, operate or maintain the use.

Plan lines (i.e., future road width lines) shall be established in order to do the following:

Plan lines shall be initiated by adoption of a resolution of intention by the city council or planning commission.

Plan lines shall be designated on maps that show all property lines and buildings within and adjacent to the project area, and shall show all existing and proposed right-of-way widths, as well as a cross section of the proposed road. Plan lines shall define or show the land areas required for future streets, street extensions, realignments or street widening by lines dimensioned from existing right-of-way lines, actual or established street center lines, or by ties to existing monuments, property lines or corners.

All proposed plan line maps shall be reviewed pursuant to and for compliance with the California Environmental Quality Act under procedures established by the city council. The community development department shall prepare an analysis of the consistency or inconsistency of the proposed plan line with the general plan. The community development department shall also prepare an analysis of the effect of the proposed plan line on any specific plan applicable to the real property to which the plan line is proposed to apply.

The planning commission shall hold a public hearing on each plan line initiated under this section. Notice of the time and place of the hearing, including a general explanation of the matter to be considered and a general description of the area affected, shall be given by publication, as required by Government Code Section 65090, and by mail, as prescribed by Government Code Section 65090. Failure to receive the notice required by Government Code Section 65091 shall not invalidate any action on the proposed plan line. Any hearing may be continued. If a hearing is continued to a specific time, date and place, no further notice of the hearing is required, unless the community development director determines otherwise.

Additional notice of any plan line map may be given if the community development director deems it necessary or desirable, and shall be given if the city council so directs.

After the hearing, the planning commission shall render its decision in the form of a written resolution which shall include a recommendation to the city council for action on the proposed plan line maps, the reasons for the recommendation, and the relationship of the proposed plan line maps to the general plan and any applicable specific plan. The community development director shall cause a copy of the resolution to be filed with the city clerk within 10 working days after its adoption.

Following the planning commission's recommendation on a plan line map, the city council shall set the matter for a public hearing before it. After the conclusion of the public hearing, the city council may adopt the proposed plan line map or any part thereof, in such a form or with such modifications as the city council may deem to be appropriate.

No building or structure shall be erected, constructed, altered, replaced or added to within adopted plan lines. Where practical difficulties, unnecessary hardships and results inconsistent with the general purposes of this section may result from the strict application of this section, variances may be granted, as provided in Section 17.112.010.

The regulations of any zone district established pursuant to this chapter may be amended by changing the boundaries of districts, reclassifying land from one district to another district or districts or combinations thereof, or by changing any other provisions thereof whenever the amendments would further the public necessity, convenience and general welfare.

An amendment is initiated by:

No application shall be accepted as complete unless and until all fees, the application form and related information are filed with and accepted by the community development department. Failure of any applicant to respond, within 30 days of mailing, to any notice that the application is incomplete or to any request to clarify, amplify, correct or otherwise supplement the application shall be deemed an abandonment of the amendment application, and no further action shall be taken upon it.

All applications shall be reviewed pursuant to and for compliance with the California Environmental Quality Act (CEQA) under procedures established by the city council. The results of the CEQA review shall be transmitted to the appropriate members of the staff.

All applications shall be reviewed by the appropriate staff members. The staff report shall be coordinated by the community development director and forwarded to the planning commission prior to the hearing on the application.

The community development department shall prepare an analysis of the consistency or inconsistency of the proposed amendment with the general plan, and any applicable specific plan.

The planning commission shall hold a public hearing on each proposed amendment. Notice of the time and place of the hearing, including a general explanation of the matter to be considered and a general description of the area affected, shall be given by publication, as required by Government Code Section 65090, and by mail, as required by Government Code Section 65091. Failure to receive the notice required by Government Code Section 65091 shall not invalidate any action on the proposed amendment. Any hearing may be continued. If a hearing is continued to a specific time, date and place, no further notice of the hearing is required. Additional notice of any amendment may be given if the community development director deems it necessary or desirable, and shall also be given if the city council so directs.

After the hearing, the planning commission shall render its decision, in the form of a written resolution, which shall include a recommendation to the city council for action on the proposed amendment, the reasons for the recommendation, and the relationship of the proposed ordinance or amendment to the general plan and any applicable specific plan. The community development director shall cause a report of the planning commission's action to be filed with the city clerk within 10 working days after the planning commission's decision.

If the planning commission has recommended approval of the proposed amendment, the city council shall set the matter for public hearing before it. If the proposed amendment would change property from one district to another, and the planning commission has recommended against adoption of the amendment, the city council need take no further action on the amendment unless an interested person files a written request for a hearing with the city clerk within 10 days after the commission's recommendation is filed with the city clerk. The notice provisions of subsection G of this section apply to hearings held under this subsection.

The city council may approve or disapprove any recommendation of the planning commission, provided any modification of the proposed ordinance or amendment by the city council, which was not considered by the planning commission during its hearing, shall first be referred to the planning commission for its recommendation. The planning commission shall not be required to hold a public hearing on the proposed modification. If the planning commission fails to make its recommendation within 40 days after the city council refers it to the planning commission, the modification shall be deemed approved by the planning commission.

The city council or the planning commission may, by resolution, abandon any proceedings for an amendment initiated by its own resolution of intention, provided the proposed amendment is then pending before it for consideration and provided that any public hearing on the amendment for which notice has been given is first held. An applicant may withdraw his or her application at any time, provided any public hearing on the amendment, for which notice has been given, is first held, and the amendment is not required as a condition of approval of a development project.

Purpose. This section provides a procedure to request Reasonable Accommodation for persons with disabilities seeking equal access to housing under the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act (ADA) (referred to in this section as the Acts) in the application of zoning laws and other land use regulations, policies, and procedures. A Reasonable Accommodation is typically an adjustment to physical design standards (e.g., setbacks) to accommodate the placement of wheelchair ramps or other exterior modifications to a structure in response to the needs of a qualifying disabled resident.

Applicability. The provisions established in this section shall apply as follows:

Application Filing, Processing, and Review. The filing, processing, and review of an application for a Reasonable Accommodation shall comply with the following:

Findings and Decision. The written decision to approve, conditionally approve, approve with modifications, or deny a request for Reasonable Accommodation shall consider the following factors:

Conditions of Approval. In approving a request for Reasonable Accommodation, the community development director or city manager designee shall impose conditions of approval deemed reasonable and necessary to ensure the Reasonable Accommodation will comply with subsection D (Findings and Decision) of this section.

Rescission and Discontinuance. The rescission and discontinuance of a Reasonable Accommodation shall comply with the following provisions:

Rescission. An approval or conditional approval of a Reasonable Accommodation request application made in compliance with this section may be conditioned may be rescinded or automatically expired under appropriate circumstances (e.g., the disabled individual vacates the subject parcel), unless allowed to remain in compliance with subsection H (Discontinuance), below.

Discontinuance. A request for Reasonable Accommodation shall be deemed discontinued in the following circumstances: