Recognizing that filing fees cover the city's costs for public hearings, mailing, posting, transcripts, and the staff time required to process applications, no refunds due to a denial are allowed.

In the case of a withdrawal, the Director may, at the request of the applicant, authorize a partial refund based upon the pro-rated costs to-date and determination of the status of the application at the time of withdrawal.

All necessary application forms, documentation, exhibits, materials, and studies as established by the department, have been provided and accepted as adequate;

All necessary fees and deposits have been paid and accepted.

The proposed project is exempt from the requirements of CEQA;

A negative declaration or mitigated negative declaration may be issued; or

An environmental impact report (EIR) shall be required.

A change of use that does not require more parking than the previous use;

An addition to any structure other than a single-family home or duplex, or an addition to any detached accessory structure, that does not exceed 500 square feet, and maintains the same architectural character or theme, as limited by subsection (B);

An addition to the first floor of a single-family home or duplex that does not exceed 500 square feet and maintains the same architectural character or theme, as limited by subsection (B);

An exterior alteration that maintains the same architectural character or theme (see Section 19.44.020, Administrative Permits – Applicability);

An alteration solely for the purpose of increasing access for disabled persons or to comply with local, state, or federal regulations concerning handicapped accessibility;

Reduction in the number of residential units;

Any detached accessory structure serving a residential use that does not exceed 500 square feet and maintains the same architectural character or theme;

Construction of a fence or any other structure that does not require a building permit or any other item regulated by the Zoning Ordinance;

Solar energy systems, collectors and panels;

Any Accessory Dwelling Unit or Junior Accessory Dwelling Unit, as authorized by Section 19.36.310;

Electric vehicle charging stations and electric vehicle charging sites, and any associated equipment;

Re-roofing that can be seen from street (not required for flat roof).

Two unit projects, as further regulated by Section 19.36.325.

Alcoholic beverages sales, on-site consumption;

An exterior alteration that changes architectural character or theme;

Up to 500 square feet of second story construction to either a single-family home or duplex either as a new second story or an addition to an existing second story;

An addition of more than 500 to 1,000 square feet to any structure other than a single-family home or duplex;

An addition which does not exceed 500 square feet but changes the architectural character or theme, or encloses a balcony in conformance with Section 19.72.030(B);

Garages, carports, and other residential accessory structures under 500 square feet which do not maintain the same architectural character as the primary structure(s);

Outdoor dining areas;

Installation of a mechanical parking lift at an existing parking facility;

New or expanded (including expanded hours of operation) outdoor dining areas and other outdoor commercial uses with similar light, noise, and impact characteristics as determined by the Community Development Director, located on rooftops, terraces, or other outdoor locations above the ground floor. The Community Development Director shall take action on outdoor commercial uses above the ground floor as follows:

Outdoor dining with late night alcoholic beverage sales for on-site consumption (after 11:00 p.m.), shall require the approval of an administrative permit by the Community Development Director at a duly noticed public hearing in accordance with Chapter 19.74;

Restaurants with alcoholic beverage sales, on- and off-site consumption (takeout via pickup) with appropriate ABC license;

The use of dwelling units for rental between 31 and 365 days, as further regulated by Section 19.36.275;

Incidental business activities in accordance with Section 19.36.030.

Illustrations. Sketches or drawings of sufficient size, scale, and clarity to show: the size and location of the property; location of adjacent streets; location and approximate size of all structures and signs on the parcel; and the location and number of off-street parking spaces and drive aisles which exist or are to be installed as part of the proposed land use activity.

Statement of Operations. A letter describing the hours of operation, number of employees staffing the use during operation and their parking needs, anticipated number of people using the facility during operation, and other information as applicable about the operation of the land use and any related construction that pertains to the impacts of the use on the other activities on the site and on neighboring parcels.

Time of Posting. The applicant shall post notification signs at the project site at the following times.

The applicant is responsible for preparing, installing, and maintaining the notification signs. The applicant shall submit an affidavit to the city verifying that the signs were posted on the site in a timely manner.

The notification signs shall:

Posting Duration. The first notification sign shall remain in place until a decision on the application becomes final, including the time required if an appeal is filed. The second notification sign shall remain in place until the start of project construction.

Local Agencies. Each local agency expected to provide water, schools, or other essential facilities or services to the project, whose ability to provide the facilities and services may be affected;

Surrounding Residents and Property Owners. All owners of real property as shown on the county's current equalized assessment roll, and all tenants within a radius of 500 feet of the exterior boundaries of the parcel involved in the application.

A new garage or carport or other residential accessory structure of 500 square feet or less. See Chapter 19.42 (Zone Clearances).

Fences and other yard improvements or equipment in compliance with Article 19-3 (Site Planning and General Development Standards).

Other structures specified by Table 2-2 (Allowed Residential Uses) and Table 2-5 (Allowed Commercial and Public Uses);

For all projects required by this section to have development permit approval by the Planning Commission, and for all proposals in the SSP (Sunset Specific Plan) zoning district with 10,000 square feet or more of total gross floor area, and for all residentially zoned projects of five or more units, the applicant shall conduct a meeting with property owners and tenants located within a 500-foot radius of the subject site to present the project and discuss identified concerns prior to action by the review authority.

The neighborhood meeting shall be held not more than 60 days after the application date. If a public hearing is required by Section 19.48.030, the neighborhood meeting shall also be held not less than 28 days before the public hearing.

Planning Commission Review. An application for a development permit requiring Planning Commission review shall be scheduled for a public hearing once the Community Development Department has determined the application complete. (See Chapter 19.40 – Application Filing and Processing). Notice of the public hearing shall comply with Chapter 19.74 (Public Hearings and Notice).

Community Development Department Review. A property that is the subject of a development permit requiring Community Development Department review shall be posted with a sign giving notice of the application for at least 28 days before the date on which the public comment period will end. The sign shall include the development permit number, the address and a description of the project and the date on which the public comment period will end, and shall be of a format and size prescribed by the Community Development Department. If the project includes new residential dwelling units the sign dimensions shall be in compliance with Section 19.74.020(B)(3) (Posting of Site).

When leased, dwelling units and accessory dwelling units in multi-family dwelling unit buildings shall be rented for a lease term of at least one year, as evidenced by a written rental or lease agreement, and as reflected by the definition of dwelling unit in Section 19.90.020. A dwelling unit shall not be used as corporate housing or vacation rental.

The site is physically adequate for the type, density, and intensity of development being proposed (e.g., number of employees) including provision of services (e.g., sanitation and water), public access, and the absence of physical constraints;

The design, location, size, and operating characteristics of the proposed development are compatible with the existing and future land uses on-site and in the vicinity of the subject property;

On- or off-site improvements (e.g., fire hydrants, streets, street lighting, traffic-control devices, etc.) are provided as reasonable and necessary to carry out the purpose and requirements of the applicable zoning district;

The design of the proposed development maintains the scale, bulk and mass of adjacent properties within the existing neighborhood, and does not impair the integrity and character of the zoning district in which it is to be located;

The proposed development incorporates new landscaping that complements the existing landscape and together provides opportunities for landscaped open space which contribute to a high quality visual image; and

The establishment, maintenance, or operation of the proposed development at the location proposed does not endanger, jeopardize, or otherwise constitute a menace to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use.

A building or structure is deemed an unsafe building as defined in the West Hollywood Building Code, as determined by the Building Official; or

A vacant property as defined in Chapter 9.64 (Vacant Properties) has been deemed an imminent threat to public safety, as determined by the Director of Community Safety, or other designee as designated by the City Manager, in consultation with the Director of Community Development. This provision shall only be in effect through December 4, 2026. The determination will be based on some or all of the following characteristics:

Compelled by public safety due to the imminent hazard posed by a building, as determined by the Building Official; or

A proposed interim use resulting from a demolition satisfies a public need, as determined by the Planning Commission at a public hearing.

On-site contractors' construction yards, in conjunction with an approved construction project. The permit shall expire upon completion of the construction project, or the expiration of the companion building permit, authorizing the construction project.

Emergency public health and safety activities.

Incidental business activities in accordance with Section 19.36.030.

Construction Yards. Off-site contractors' construction yards, in conjunction with an approved construction project. The permit shall expire upon completion of the construction project, or the expiration of the companion building permit, authorizing the construction project.

Parking Lots on Commercially Zoned Property. A temporary parking lot on commercially zoned vacant property that is not being used for any other purpose, in compliance with Section 19.28.140 (Temporary Parking Lots).

Parking Lots on Residentially Zoned Property. A temporary parking lot on residentially zoned vacant property that is not being used for any other purpose, and where the site is in excess of one acre and immediately adjacent and accessible to a commercially zoned property, in compliance with Section 19.28.140 (Temporary Parking Lots).

Residence. A mobile home as a temporary residence of the property owner when a valid building permit for a new single-family dwelling is in force. The permit may be approved for up to one year, or upon expiration of the building permit, whichever first occurs.

Seasonal Sales Lots. Seasonal sales activities (for example, Halloween, Christmas) including temporary residence or security trailers, on non-residential properties and undeveloped residential properties on arterial streets. A permit shall not be required when the sales are at the site of an established commercial business holding a valid city business tax certificate as required. The sales activity may be approved for a maximum of 30 days.

Storage. Enclosed temporary storage, unrelated to a construction project, including a cargo container and sea-train. The use may be approved for a maximum of 30 days.

Temporary Real Estate Sales Offices. A temporary real estate sales office may be established within the area of an approved development project, solely for the first sale of homes. An application for a temporary real estate office may be approved for a maximum of one year.

Temporary Structures. A temporary classroom, office, or similar structure, including a manufactured or mobile unit, may be approved, for a maximum time period of 18 months from the date of approval, as an accessory use or as the first phase of a development project.

Temporary Work Trailers. A trailer or mobile home as a temporary work site for employees of a business may be allowed:

Similar Temporary Uses. Similar temporary uses which, in the opinion of the review authority, are compatible with the zoning district and surrounding land uses.

The use is limited to a duration that is less than the maximum allowed duration, as determined appropriate by the review authority;

The site is physically adequate for the type, density, and intensity of use being proposed, including provision of services (e.g., sanitation and water), public access, and the absence of physical constraints;

The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property;

The temporary use will be removed and the site restored as necessary to ensure that no changes to the site will limit the range of possible future land uses otherwise allowed by this Zoning Ordinance;

Adequate temporary parking will be provided to accommodate the vehicle traffic generated by the temporary use either on-site or at alternate locations acceptable to the review authority;

The use will comply with applicable provisions of other local, State, or Federal laws or regulations; and

Any other pertinent factors affecting the operation of the temporary use will be addressed, including the following, to ensure the orderly and efficient operation of the proposed use, in compliance with the intent and purpose of this chapter.

Sanitary and medical facilities;

Security and safety measures;

Solid waste collection and disposal.

Nuisance factors including the prevention of glare or direct illumination of adjacent properties, dirt, dust, gasses, heat, noise, odors, smoke, or vibrations;

Operating hours and days, including limitation of the duration of the use or event to a shorter time period than that requested;

Temporary signs; and

Temporary structures and facilities, including height, placement, and size, and the location of equipment and open spaces, including buffer areas and other yards.

Temporary Parking Lots. A temporary use permit for a parking lot may be extended in compliance with Section 19.28.140 (Temporary Parking Lots).

Other Temporary Uses. The Director may extend the operational length of the Temporary Permit if the delay is beyond the control of and was not the result of actions by the permittee.

Expiration. A temporary use permit shall be considered to have expired when the approved use has ceased or was suspended.

Where the use associated with the proposed parking requires Community Development Director review and decision in compliance with Article 19-2 (Zoning Districts and Allowable Land Uses); and

Where an applicant proposes to make excess parking spaces available to others.

Notification to the City. The owner or operator of a business that uses approved off-site spaces to satisfy the requirements of Chapter 19.28 (Off-Street Parking and Loading Standards) shall immediately notify the Community Development Director of any change of ownership or use of the property for which the spaces are required, and of any termination or default of the agreement between the parties.

Effect of Termination of Agreement. Upon notification that a lease for required off-site parking has terminated, the Community Development Director shall determine a reasonable time in which one of the following shall occur:

Expiration and Extension. To ensure continued compliance with the provisions of this chapter, each approved parking use permit shall expire one year from effective date of approval, unless otherwise specified in the permit, if the use has not been established. Time extensions may be granted in compliance with Chapter 19.62.

Revocation. A parking use permit may be revoked or modified, with only a 24-hour notice, in compliance with Section 19.80.060 (Revocations and Modifications).

It embodies distinctive characteristics of a period, method, style, or type of construction, or is a valuable example of the use of indigenous materials or craftsmanship; or

It contributes to the significance of a historic area by being:

It reflects significant geographical patterns, including those associated with different eras of growth and settlement, particular transportation modes, or distinctive examples of community or park planning; or

It embodies elements of architectural design, craftsmanship, detail, or materials that represent a significant structural or architectural achievement or innovation; or

It has a unique location or singular physical characteristic or is a view or vista representing an established and familiar visual feature of a neighborhood, community, or the city; or

An application requesting designation may be submitted as follows:

The application for nomination shall be kept on file in the Community Development Department and shall contain, at a minimum, the following:

A particular potential cultural resource may be evaluated by the city only once in any 10-year period in any context, as either an individual resource or as part of a district, unless the nomination statement or application is filed by the current owner of the property.

The City Council or HPC may at any time, on its own initiative, reconsider a designation or non-designation decision in any particular case where material new information, which was not discovered through the exercise of due diligence at the time of the original decision has been uncovered, or when the Council or HPC discovers that the information upon which it made its determination regarding designation was false. Wherever applicable, this process shall follow the nomination process outlined in Sections 19.58.050, 19.58.060 and this section. (See also Section 19.58.080, Removal of Designated Resources from Local Register).

Notification that an application for the nomination of a particular property or area has been submitted shall be sent to the property owner(s) and occupant(s) of the property within 10 days of the Community Development Department's finding the completed nomination application complete.

Notification of the HPC's decision either to recommend nomination of a potential cultural resource, in compliance with the application process or on its own initiative, or to deny a recommendation for nomination shall be mailed or hand delivered to the property owner(s) and occupant(s) of the potential cultural resource within 10 days of the HPC's public date of decision.

The Community Development Director shall determine whether the nomination application is complete. If complete, the application shall be filed and the time for notification shall begin to run. If the Community Development Department determines that the application papers are incomplete, the Community Development Department shall send a letter, notifying the applicant and specifying the documentation which would be necessary to complete the application for filing. A nomination application shall not be considered filed unless and until it is determined to be complete by the Community Development Department.

Once a resource has been nominated for designation, a public hearing to consider possible designation of the resource shall be conducted. The applicant and the property owner(s) and occupant(s) of the nominated resource shall be notified of the public hearing to consider the designation by mail at least 10 days before the hearing date and may submit testimony to the HPC. A public notice shall be published in a newspaper of general circulation within the city not less than 10 days before the hearing.

The HPC shall either recommend designation of the cultural resource or recommend denial of the designation, in whole or in part, to the Council. The HPC may evaluate any nominated resource as either an individual designation or a potential contributor to a district before rendering a recommendation on the resource. If the HPC recommendation is appealed, the appeal must be filed in the office of the City Clerk within 10 days following the date of the HPC's public action on the designation in compliance with Chapter 19.74 (Public Hearings and Notice).

The HPC recommendation statement or resolution recommending designation of a cultural resource or historic district may be placed on the Council's consent calendar for approval unless an appeal is filed, in which case, the appeal will be heard at a regularly scheduled public hearing.

Failure to send any notice by mail or hand delivery to any property owners where the address of the owner is not a matter of public record shall not invalidate any proceedings in connection with the proposed designation. The HPC and Council may also give other notices, as they may deem desirable and practicable.

Once a designation is approved, the Council shall adopt a resolution designating the cultural resource or historic district, or denying its designation, and the reasons therefor. If the cultural resource or historic district is designated, it shall be placed on the local register. Any resolution approving a designation shall be forwarded to the State Office of Historic Preservation.

In cases of demolition as approved by a certificate of appropriateness; or

After five years of being designated, the property owner may submit a "de-nomination statement," outlining reasons for removal from the register. The de-nomination request shall be processed in compliance with the procedure for nomination listed above (Section 19.58.070(B)). The de-nomination statement must provide written proof and documentation that the findings used to designate the structure were largely in error, or that new information is discovered, material to the decision to designate a cultural resource, which was not discovered through the exercise of due diligence at the time of the original designation; or

In compliance with Section 19.58.070(B)(6), above.

In addition to any other permits to regulate land uses or square footage additions as required by this Zoning Ordinance, but in lieu of any permits to regulate physical alteration of the cultural resources; and

Shall accompany any permit or any work otherwise altering the architectural features or appearance of the resource.

A notice shall be mailed to the property owner of record at least 10 days prior to the public hearing;

Notice to occupants shall be given either by mailing a notice or by posting an 8½″ by 11″ notice at the primary structure entrance or at the lobby elevators, whichever is more appropriate. This notice shall be mailed or posted on the site 10 days prior to the public hearing. Notice is to occupants of the site under review only; and

Notice in cases involving proposed demolition shall be given in the following manner:

In all cases where the proposed alteration, demolition, or removal would otherwise require Planning Commission approval, the HPC may recommend approval or denial, in whole or in part, of the application in writing. The HPC's recommendation shall include findings of fact relating to the criteria for obtaining the certificate and that constitute the basis for its recommendation. The HPC shall adopt its recommendation by resolution and send it to the Planning Commission at the Commission meeting held to consider the proposal.

The Planning Commission shall have final authority to approve or deny, in whole or in part, the recommendation of the Historic Preservation Commission. The certificate may be approved in conjunction with a project which requires a development permit from the Planning Commission. Notice of the Planning Commission's decision shall be sent to the applicant, owner(s) and occupant(s) of the property within two business days of the Commission's date of public action, and any appeal therefrom shall be made in compliance with Chapter 19.74 (Public Hearings and Notice).

In all other cases, the HPC's decision to approve or deny, in whole or in part, the issuance of a certificate of appropriateness shall be final unless appealed to the Council. Any appeal shall be made in compliance with Chapter 19.76 (Appeals).

In evaluating applications for Certificates of Appropriateness, the HPC or Community Development Director shall use any adopted design guidelines, CEQA Guidelines, and the Secretary of the Interior's Standards for Rehabilitation and shall consider the factors (e.g., the existing and proposed architectural style, arrangement, color, design, materials, and texture to be used) with regard to the original distinguishing architectural characteristics of the cultural resource. In addition, the Community Development Director may require that the proposed work be reviewed by a preservation architect. The actual work must be completed by a preservation contractor or someone with demonstrated expertise in the field.

The Community Development Director may approve Certificates of Appropriateness for proposals which are for minor architectural elements and details, paint or other colorings or finishes, minor site improvements, or signage. Community Development Director approval of a certificate of appropriateness shall require making all of the certificate of appropriateness findings in subsection (D) but does not require a public hearing or public notice. The Community Development Director may also approve fences, replacement of window glass, replacement in-kind of windows, doors, roofs, or exterior materials, or proposals which are determined by the Community Development Director to be ordinary maintenance or repair, and which are conducted in a manner that preserves the archaeological, cultural, and historic value of the cultural resource through conformance with the prescriptive standards adopted by the Historic Preservation Commission for that cultural resource, cultural resource property, or historic district and/or the guidelines of the Secretary of the Interior's Standards for Rehabilitation. Minor changes or modifications to a certificate of appropriateness can be approved by the Community Development Director, even if the Community Development Director was not the approving body. The Community Development Director may refer any certificate of appropriateness application to the HPC.

Wherever feasible, the State Historic Building Code (SHBC) and the Uniform Code for Building Conservation (UCBC) shall be used in permitting any alteration to a cultural resource.

Cost estimates of the proposed alteration, construction, demolition, or removal, and an estimate of the cost(s) that would be incurred to comply with the recommendations of the HPC for the issuance of a certificate of appropriateness;

A written report from a licensed structural engineer with experience and expertise of historic structures in rehabilitation as to the structural soundness of any structures on the property and their suitability for rehabilitation;

Estimated market value of the property in its current condition and estimated market value after completion of the proposed alteration, construction, demolition, or removal as compared with any changes recommended by the HPC;

In the case of a proposed demolition, an estimate from an appraiser, architect, developer, real estate consultant, or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or adaptive reuse of the existing structure on the property and its market value for continued use after rehabilitation;

For income-producing properties, information on annual gross income, current assessed property valuations, current property value appraisals, depreciation, reductions, and annual cash flow after debt service, operating and maintenance expenses, real estate taxes, and other information considered necessary by the HPC to determine whether substantial evidence of economic hardship exists;

Remaining balance on any mortgage or other financing secured by the property for the previous two years;

All appraisals obtained within the previous two years by the owner(s) or applicant in connection with the financing, ownership, or purchase of the subject property;

Amount paid for the property, the date of purchase, and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer. Additionally, any listing of the property for sale or rent, price(s) asked and offer(s) received, if any, within the previous two years;

Assessed value of the property according to the two most recent assessments;

Real estate taxes for the previous two years;

Form of ownership or operation of the property, whether sole proprietorship, for-profit or nonprofit corporation, limited partnership, joint venture, or other;

Other information including the income tax bracket of the owner(s), applicant, or principal investor(s) in the property considered necessary by the HPC or HPC for a determination as to whether the property does yield or may yield a reasonable return to the owner(s); and

In the event of proposed demolition, any information listed in Section 19.58.110.

Alterations, Generally. A certificate of appropriateness shall be issued for a proposed alteration only if the review authority first finds that:

Alterations Found Not to be Adverse. The effect of alteration on a cultural resource that would otherwise be found to be adverse may be considered not adverse for the purpose of this section when the alteration is:

The cultural resource cannot be remodeled, rehabilitated or re-used in a manner which would allow a reasonable use;

Denial of the application will diminish the value of the subject property so as to leave substantially no value;

The cultural resource cannot be remodeled, rehabilitated, or re-used in a manner that would allow a reasonable rate of return; and

The applicant demonstrated that all means involving city-sponsored incentives (e.g., financial assistance, grants, loans, reimbursements, tax abatements, and changes in the Zoning Map or Zoning Ordinance), as well as the possibility of a change of use or adaptive reuse in compliance with Section 19.58.150(E)(5)(b) (Change of Use or Adaptive Reuse), above have been explored to relieve possible economic hardship, and further, that all other means for alleviating economic hardship, including state or federal tax credits, grants to subsidize the preservation of the property, have been exhausted and have failed to alleviate the hardship.

Book or pamphlet;

Photographic display;

Small museum or exhibit;

Use of original fixtures; and/or

Other methods deemed appropriate by the HPC.

Permit fee waivers;

Transfer of development rights;

Change of use or adaptive reuse;

Mills Act Agreements;

Reduction in the development standards of this Zoning Ordinance; and

The permitting of uses not allowed in the zone, but which are permitted in other zones.

The property owner's name;

The address of the cultural resource;

The structure or improvement designated;

A description of the specific rehabilitation incentive being requested;

Detailed, scaled drawings depicting the proposed project;

A plan for restoration or ongoing maintenance of the designated resource prepared by a preservation architect, who is acceptable to the city;

An estimate of the cost of restoration or maintenance plan from a preservation architect who is acceptable to the city;

A list of any funds granted by any agency, public or private, for the purpose of restoration;

A statement regarding the availability of tax credits;

A written statement complete with a full set of architectural drawings (where appropriate) which clearly outline and depict the proposal by the applicant for rehabilitation incentives; and

Other information deemed necessary by the Community Development Director.

HPC Hearing and Action. The HPC shall hold a public hearing to determine the eligibility of a property for rehabilitation incentives and shall, by resolution, approve or deny any incentives. Public notice for the hearing shall comply with Chapter 19.74 (Public Hearings and Notice); however, noticing for incentives which would not otherwise require a public hearing (e.g., some reduction in standards, Mills Act Agreements, and some change of uses) shall instead require the following notice:

Planning Commission Review and Action. For rehabilitation incentives which involve adaptive reuse and either: (i) where the proposed use would typically require Commission approval; or (ii) is a proposed urban inn or bed and breakfast inn, the Planning Commission shall be the approval authority. The Commission shall consider the recommendation of the HPC, if any, regarding the request.

Appeals. Appeals of HPC final decisions shall be heard by the Council, subject to the notice and hearing requirements of Chapter 19.74. The appeal shall be filed in the Office of the City Clerk within 10 days following the date of the HPC's public action. Noticing for Mills Act request shall only require a 10-day notification to the owner of the property. The Council has final approving authority in Mills Act decisions.

Investigations. The Commission has the authority to request the applicant for rehabilitation incentives to furnish any material deemed necessary to determine the propriety of granting a rehabilitation incentive.

Findings for Rehabilitation Incentives. The Commission may recommend or grant rehabilitation incentives, only if all of the following findings of fact are made in a positive manner:

A modification may allow an adjustment of no more than 10 percent to the standards of this Zoning Ordinance.

Any request to deviate from the development standards of this Zoning Ordinance that exceeds the 10 percent limitation, shall require a variance application in compliance with this chapter.

There are exceptional or extraordinary circumstances or conditions applicable to the property involved, including size, shape, topography, location, or surroundings, which do not generally apply to the surrounding properties in the same zone; and which deny the owner privileges enjoyed by other property owners in the vicinity and within the same zoning district; and

Because of the circumstances or conditions, the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated but which is denied to the property in question; and

The granting of the variance will not be materially detrimental to the public welfare or injurious to the adjacent property; and

The granting of the variance will not adversely affect the General Plan nor the purpose and intent of the provisions of this Zoning Ordinance.

Decisions Made Following a Public Hearing. When a resolution is adopted without changes or with changes that are read into the record.

Decisions Made by Staff. When a permit, including plans and conditions is stamped and signed.

The applicant may request an extension of the permit expiration date by filing a written request for an extension before the expiration of the permit or entitlement, together with the filing fee required by the city's fee resolution. The permittee has the burden of proof to establish, with substantial evidence, the justification for extension of the permit or entitlement.

The review authority may grant an extension for a period of time that is deemed commensurate with the justification for the extension presented by the applicant, but in no event for more than one year per extension.

No more than two extensions shall be granted per permit or entitlement and the maximum time period for an approved permit or entitlement shall not exceed five years.

Notwithstanding subsection (C)(3), above, the review authority may extend the permit expiration date for one additional year as part of a major change to an approved project (see Section 19.62.070) for a maximum time period of six years. A major change request shall be submitted before a permit's original expiration date, and not during any periods of extension (see subsection (A)).

Minor changes to an approved project are not eligible for the additional one-year extension authorized under subsection (C)(4) above.

Notice of a requested extension shall be given in compliance with Chapter 19.74 (Public Hearings and Notice) and by mail 10 days in advance of the hearing to any person who spoke or wrote a letter that was read on the record or submitted to the Community Development Director on or before the date of the original approval.

Notwithstanding subsection (E)(1), notice of the decision on a time extension for a reasonable accommodation permit shall be provided as specified in Section 19.69.050(A).

Significant impacts to the surrounding neighborhood;

Significant environmental impacts;

A change to the approved use or a significant change to project design;

A change to the basis on which the environmental determination for the project was made; or

A change to the basis upon which the review authority made the findings for approval of the project.

A covenant of easement may be required to provide for parking and pedestrian access, ingress, egress, emergency access, light and air access, landscaping, or for open space, other features and amenities.

The covenant may be imposed as a condition of approval by the review authority.

Describe the real property to be subject to the easement;

Describe the real property to be benefitted by the easement; and

Identify the city approval or permit granted which relied on or required the covenant.

Act as an easement in compliance with state law (Chapter 3 [commencing with Section 801] of Title 2 of Part 2 of Division 2 of the Civil Code), except that it shall not merge into any other interest in the real property. Civil Code Section 1104 shall apply to the conveyance of the affected real property.

Impart notice to all persons to the extent afforded by the recording laws of the state. Upon recordation, the burdens of the covenant shall be binding on, and the benefits of the covenant shall inure to, all successors-in-interest to the real property.

Non-Residential Projects. The fees required from non-residential applicants shall be paid before the city issues a building permit for the project.

Phased Non-Residential Projects. If a non-residential project will be constructed in phases, and separate building permits will be issued for each phase, the fees imposed in compliance with this chapter shall be calculated on the basis of the gross floor area of the entire project.

The fees may be paid separately for each phase of the project so that the amount paid upon issuance of a building permit shall be the percentage of the total fee equal to the percentage of project's gross floor area allowed to be constructed by the building permit.

Residential Projects. The fees required from a residential project applicant shall be paid before issuance of a building permit for the dwelling units on which the fees are imposed. However, if the project contains more than one detached dwelling unit, the fees required for the entire project shall be paid before issuance of a building permit for the first unit.

Associated Demand. Any person subject to a fee required by this chapter may apply to the Council for an adjustment, reduction, postponement, or waiver of that fee based upon the absence of a reasonable relationship between the impact of that person's commercial or residential development project on the demand for affordable housing, child care facilities, public open space, or transportation facilities and programs in the city and either the amount of the fee charged or the type of facilities to be provided.

Application. There shall be a separate application for each fee adjustment request made in compliance with this section. The application shall be made on forms provided by the Community Development Department and shall be filed with the City Clerk. The application shall state, in sufficient detail as determined by the Community Development Director, the factual basis for the requested adjustment, reduction, or waiver.

Hearing. The Council shall consider a fee adjustment at a public hearing.

Building Permit Expiration. The building permit for the development project subject to the fees expired and no extension has been granted. A written application for refund in compliance with this subsection shall be filed with the Community Development Director no later than 90 days after expiration of the building permit; or

Improper Collection. If fees collected in compliance with this chapter are erroneously or illegally collected, a written application for refund shall be filed with the Community Development Director no later than 90 days after the initial payment of the fees in compliance with this section.

Constructs affordable housing, child care facilities or public open space in compliance with guidelines established by the Council, either on- or off-site; or

Implements and administers trip mitigation measures in compliance with guidelines established by the Council.

The status of the applicant as property owner or bona fide representative of the owner is established to the satisfaction of the Community Development Director;

The application is accompanied by all documents, information, and materials required by the Community Development Department.

For all projects requesting development agreement approval as defined in this Chapter 19.66 (Development Agreements), including stand-alone billboards, the applicant shall conduct a meeting with property owners and tenants located within a 500-foot radius of the subject site to present the project and discuss identified concerns prior to action by the review authority.

The neighborhood meeting shall be held not more than 60 days after the application date. This neighborhood meeting satisfies the neighborhood meeting requirement under Section 19.48.040.

The development agreement is in the best interests of the city, promoting the public interest and welfare;

The development agreement is consistent with all applicable provisions of the General Plan, any applicable specific plan, and this Zoning Ordinance;

The development agreement does not:

The development agreement is in compliance with the conditions, requirements, restrictions, and terms of Sections 19.66.040(A) (Mandatory contents) and 19.66.040(B) (Permissive contents), below.

Pre-Submittal Review. A pre-submittal application, fee, and conference with the Community Development Director; and

Public Meetings. The applicant shall hold at least one public meeting to identify potential community impacts and concerns relating to the proposed plan. Public notice of the meeting shall be provided in compliance with Chapter 19.74 (Public Hearings and Notice), and the appropriate procedures for the meeting shall be determined by the Community Development Director.

Planning Commission. The hearing shall receive public notice and be conducted in compliance with Chapter 19.74 (Public Hearings and Notice). After the hearing, the Planning Commission shall forward a written recommendation, with appropriate findings to the Council, in compliance with subsection (E), below; and

Council. Following the hearing at which the Planning Commission makes a recommendation, a public hearing on the specific plan shall be scheduled. The hearing shall be noticed and conducted in compliance with Chapter 19.74 (Public Hearings and Notice). After the hearing, the Council may adopt the specific plan, may deny the plan, or may adopt the plan with changes, with appropriate findings, provided that any substantial modifications to the plan that were not considered by the Planning Commission shall be referred to the Planning Commission for its recommendation, in compliance with state law (Government Code Section 65356). Failure of the Planning Commission to report within 45 days after the referral, or a longer period set by the Council, shall be deemed a recommendation for the approval of the changes.

The applicant's or representative's name, mailing address and daytime phone number;

The address of the property for which the request is being made;

The specific code section, regulation, procedure or policy of the city from which relief is sought;

A site plan or illustrative drawing showing the proposed accommodation;

An explanation of why the specified code section, regulation, procedure or policy is preventing, or will prevent, the disabled individual's(s') use and enjoyment of the subject property;

The basis for the claim that the Fair Housing Laws apply to the individual(s) and evidence satisfactory to the city supporting the claim, which may include a letter from a medical doctor or other licensed health care professional, a disabled license, or any other appropriate evidence;

A detailed explanation of why the accommodation is reasonable and necessary to afford the applicant an equal opportunity to use and enjoy a dwelling in the city;

Verification by the applicant that the property is or will be the primary residence of the person(s) for whom reasonable accommodation is requested; and

Any other information required to make the findings required by Section 19.69.040, consistent with the Fair Housing Laws.