Adopt design guidelines for specific areas of the City for review pursuant to Chapter 17.37, Design Review.

Consider and adopt, reject, or modify Development Agreements, following a public hearing and recommended action by the Planning Commission, pursuant to Chapter 17.43, Development Agreements.

Consider and adopt, reject or modify proposed amendments to the General Plan, Zoning Code, Zoning Map, development agreements, specific plans, and environmental documents related to any of the foregoing, pursuant to Chapter 17.44, Amendments to the General Plan, Zoning Code, and Zoning Map.

Hear and decide appeals from decisions of the Planning Commission pursuant to Section 17.35.130, Appeals.

Establish, by resolution, a Municipal Fee Schedule listing fees, charges, and deposits for various applications and services provided, pursuant to this title.

Annually review progress towards implementation of the General Plan and make recommendations to the City Council based on any new legislation, development trends, or changing economic, social, and environmental conditions.

Approve, modify, or deny Conditional Use Permits and Variances, pursuant to Chapter 17.38, Use Permits, and Chapter 17.41, Variances.

Make recommendations to the City Council on development agreements, pursuant to Chapter 17.43, Development Agreements.

Make recommendations to City Council on proposed amendments to the General Plan, Zoning Code, and Zoning Map, specific plans, and environmental documents related to any of the foregoing, pursuant to Chapter 17.44, Amendments to the General Plan, Zoning Code, and Zoning Map.

Hear and decide appeals from decisions of the Zoning Administrator or Community Development Director, pursuant to Section 17.35.130, Appeals.

Hear and decide proposals to revoke permits, pursuant to Section 17.35.120, Revocation of Permits.

Make environmental determinations on any approvals that are subject to environmental review under the California Environmental Quality Act, pursuant to State law.

Such other powers and responsibilities as assigned or directed by the City Council.

Perform all of the functions designated by State law, including, but not limited to, the following:

Maintain and administer the Zoning Code, including the processing of applications, abatements, and other enforcement actions.

Prepare rules and procedures necessary for conducting the Director's business. They may include the administrative details of hearings officiated by the Director (e.g., scheduling, rules of procedure, and recordkeeping). These rules and procedures must be approved by City Council resolution, following review and recommendation by the Planning Commission.

Issue administrative regulations for the submission and review of applications subject to the requirements of Government Code Section 65950, Deadlines for Project Approval Conformance; Extensions.

Issue a Zoning Clearance pursuant to Chapter 17.36, Zoning Clearance.

Approve, modify, or deny Temporary Use Permits, pursuant to Chapter 17.39, Temporary Use Permits.

Approve, modify, or deny a Modification, pursuant to Chapter 17.40, Modifications.

Approve, modify, or deny requests for Reasonable Accommodation for land use projects, pursuant to Chapter 17.42, Reasonable Accommodation.

Conduct Design Review and approve, modify, or deny land use projects pursuant to Chapter 17.37, Design Review.

Determine whether a project is subject to review under the California Environmental Quality Act and notify the applicant if any additional information is necessary to conduct the review.

Make recommendations to the Planning Commission and City Council on all applications, appeals, and other matters upon which they have the authority and the responsibility to act under this title.

Investigate and report to the Planning Commission on permit violations when the City has initiated revocation procedures, pursuant to Section 17.35.120, Revocation of Permits.

Serve as Zoning Administrator or designate a member of Planning Division staff to serve as Zoning Administrator, pursuant to Section 17.34.050, Zoning Administrator.

Delegate administrative functions to members of the Planning Division.

Such other powers and responsibilities as assigned or directed by the City Council.

Approve, modify, or deny Minor Use Permits, pursuant to Chapter 17.38, Use Permits.

Approve, modify, or deny requests for extensions for land use projects, pursuant to Section 17.35.100, Expiration and Extension.

Decide requests for Minor Revisions to Approved Permits, pursuant to Section 17.35.110, Revisions to an Approved Permit.

Refer items to the Planning Commission where, in his or her opinion, the public interest would be better served by a Planning Commission public hearing and action.

Interpret the Zoning Code as needed for members of the public and other City Departments.

Make General Plan consistency findings such as for the Capital Improvement Program (CIP).

Such other powers and responsibilities as assigned or directed by the Director.

Applicant. The owner of property or the owner's authorized agent. If the application is made by someone other than the owner or the owner's agent, proof of the right to use and possess the property as applied for, satisfactory to the Director, shall accompany the application.

Application Forms. The Director shall prepare and issue application forms and lists that specify the information that will be required from applicants for projects subject to the provisions of this title.

Supporting Materials. The Director may require the submission of supporting materials as part of the application, including, but not limited to: statements, photographs, plans, drawings, renderings, models, material samples and other items necessary to describe existing conditions and the proposed project and to determine the level of environmental review pursuant to the California Environmental Quality Act (CEQA).

Availability of Materials. All submitted material becomes the property of the City, may be distributed to the public, and shall be made available for public inspection. At any time, upon reasonable request, and during normal business hours, any person may examine application materials in support of or in opposition at the Planning Division offices. Unless prohibited by law or superseded by specific permit confidentiality requirements, copies of such materials shall be made available at a reasonable cost.

Exemption from Permit Streamlining Act. Pre-application review is not subject to the requirements of the California Permit Streamlining Act. An application that is accepted for pre-application review shall not be considered complete pursuant to the requirements of the Act unless and until the Director has received an application for approval of a development project, reviewed it, and determined it to be complete under Section 17.35.040, Review of Applications.

Review Procedure. The Planning Division shall conduct pre-application review. The Director may consult with or request review by any City agency or official with interest in the application.

Recommendations Are Advisory. Neither the pre-application review nor the provision of information and/or pertinent policies shall be construed as either a recommendation for approval or denial of the application or project by City staff. Any recommendations that result from pre-application review are considered advisory only and shall not be binding on either the applicant or the City.

Initial Completeness Review. The Director shall determine whether an application is complete within 30 days of the date the application is filed and required fee received.

Referral of Application. At the discretion of the Director, or where otherwise required by this title, State or Federal law, any application filed in compliance with this title may be referred to any City department, public agency, or interest group that may be affected by or have an interest in the proposed land use project.

Extensions. The Director may, upon written request and for good cause, grant extensions of any time limit for review of applications imposed by this title.

Mailed Notice. At least 10 days before the date of the public hearing, or 15 days before the date of action when no public hearing is required, the Director (or the City Clerk for City Council hearings) shall provide notice by First Class mail delivery to the following:

Alternative Method for Large Mailings. If the number of owners to whom notice would be mailed or delivered is greater than 500, instead of a mailed notice, the Director (or City Clerk for City Council hearings) may provide notice by placing a display advertisement of at least one-eighth of a page in at least one newspaper of general circulation in the City, at least 10 days prior to the hearing.

Posted Notice. At their discretion, the Director may require notice be posted in a format approved by the Planning Division, in a prominent place on or near the subject property site at least 10 days prior to the hearing.

Newspaper Notice. At least 10 days before the date of the public hearing or the date of action when no public hearing is required, the Director (or City Clerk for City Council hearings) shall publish a notice in at least one newspaper of general circulation in the City.

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

Failure to Notify Individual Properties. The validity of the proceedings shall not be affected by the failure of any property owner, resident, or community organization to receive a mailed notice.

The City shall require notice of a Planning Commission’s hearing on a proposed zoning ordinance or amendment to a zoning ordinance, if the proposed ordinance or amendment to a zoning ordinance affects the permitted uses of real property, to be published, posted, mailed, and delivered, or advertised, as applicable, at least 20 days before the hearing.

Generally. Hearings shall be conducted pursuant to procedures adopted by the hearing body. Hearings are not required to be conducted according to technical rules relating to evidence and witnesses.

Scheduling. Hearings before the City Council shall be scheduled by the City Clerk. All other hearings shall be scheduled by the Director.

Presentation. An applicant or an applicant's representative may make a presentation of a proposed project.

Public Hearing Testimony. Any person may appear at a public hearing and submit oral or written evidence, either individually or as a representative of a person or an organization. Each person who appears at a public hearing representing an organization shall identify the organization being represented.

Time Limits. The presiding officer may establish time limits for individual testimony and require that individuals with shared concerns select one or more spokespersons to present testimony on behalf of those individuals.

Continuance of Public Hearing. The hearing body may by motion continue the public hearing to a fixed date, time and place, or may continue the item to an undetermined date.

Investigations. The hearing body may cause such investigations to be made as it deems necessary and in the public interest in any matter to be heard by it. Such investigation may be made by a committee of one or more members of the hearing body or by City staff. The facts established by such investigation shall be submitted to the hearing body either in writing, to be filed with the records of the matter, or in testimony before the hearing body, and may be considered by the Review Authority.

Decision. The public hearing shall be closed before a vote is taken.

Applicability. In recognition of the greater potential for impact on residents of the city posed by large development projects, enhancements to the standard processes by which public input is solicited are appropriate. The following process enhancements shall apply to the review of applications filed after the effective date of the ordinance codified in this section for large development projects seeking a discretionary approval and, to the extent the processes set forth in this Section 17.35.075 conflict with the processes otherwise required by the West Sacramento Municipal Code (including without limitations set forth in Title 16 and Title 17), these processes shall control. Conversely, all provisions of the Municipal Code not in conflict with this section shall apply to the processing of large development projects.

For projects where State law limits the number of public meetings or the length of time the City is allowed to process an application, such as SB 330, the City retains the discretion to allocate those meetings as it deems best including, if necessary to comply with State law, dispensing with the project workshops. Where practicable however, every effort will be made to include a public workshop as one of the allowable meetings under this provision.

Date of Action. The Review Authority shall decide to approve, modify, revoke, or deny any discretionary permit following the close of the public hearing, or if no public hearing is required, within the time period set forth below. These deadlines do not apply to any action that has been appealed to the City Council in accordance with Section 17.35.130, Appeals. Time extensions may be granted pursuant to Section 17.35.100, Expiration and Extension.

Notice of Action. After the Director or Planning Commission takes any action to approve, modify, or deny an application that is subject to appeal under the terms of this title, the Director shall issue a Notice of Action. The Notice shall describe the action taken, including any applicable conditions, and shall list the findings that were the basis for the decisions. The Director shall file the Notice with the City Clerk and mail the Notice to the applicant and to any other person or entity that has filed a written request for such notification with the Planning Division.

Findings. Findings, when required by State law or this title, shall be based upon consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record and shall be stated in writing in the resolution or record of the action on the permit.

Scope. The scope of approvals includes only those uses and activities proposed in the application, excluding other uses and activities. Unless otherwise specified, the approval of a new use shall terminate all rights and approvals for previous uses no longer occupying the same site or location.

Conditions. The site plan, floor plans, building elevations, and/or any additional information or representation, whether oral or written, indicating the proposed structure or manner of operation submitted with an application or submitted during the approval process shall be deemed conditions of approval. Any approval may be subject to requirements that the applicant guarantees, warranties, or ensures compliance with submitted plans and conditions in all respects.

Actions Voiding Approval. If the construction of a building or structure or the use established is contrary to the description or illustration in the application, to either violate any provision of this title or require additional permits, then the approval shall be deemed null and void.

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

Effective Dates. A final decision on an application for any approval subject to appeal shall become effective after the expiration of the 15-day appeal period following the date of action, unless an appeal is filed. No Building Permit or business license shall be issued until the 16th day following the date of the action.

Expiration. The Review Authority, in the granting of any permit, may specify a time, consistent with the purposes of the use and necessary to safeguard the public safety, health and welfare, within which the proposed use must be undertaken and actively and continuously pursued. If no time period is specified, any permit granted under this title shall automatically expire when no project or use has been initiated within two years after the date of the approval and become null and void.

Extensions. The Zoning Administrator may approve a two-year extension of any permit or approval granted under this title upon receipt of a written application with the required fee within the time period specified by the Review Authority, or two years of the date of the approval.

Minor Revisions. The Zoning Administrator may approve minor revisions to approved plans and permits that are consistent with the original findings and conditions approved by the Review Authority, do not substantially expand the approved floor area, and would not intensify any potentially detrimental effects of the project.

Major Revisions. A request for revisions to conditions of approval of a discretionary permit, a revision to an approved site plan or building plan that would affect a condition of approval, or a revision that would intensify a potential impact of the project shall be treated as a new application and shall be decided on by the same Review Authority as the approved permit.

Initiation of Proceeding. Revocation proceedings may be initiated by the City Council, Planning Commission, Director, or Zoning Administrator.

Public Notice, Hearings, and Action. After conducting a duly-noticed public hearing, the Planning Commission shall act on the proposed revocation, pursuant to this chapter.

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

Notice of Action. Following Planning Commission action to revoke or modify a permit, the Director shall issue a Notice of Action within seven days. The Notice shall describe the Commission's action with its findings. The Director shall mail notice to the permit holder and to any person or entity who requested the revocation proceeding.

Application. Applications and fees for a Zoning Clearance shall be submitted in accordance with the provisions set forth in Section 17.35.020, Application Forms and Fees. The Director may request that the Zoning Clearance application be accompanied by a written narrative, plans, and other related materials necessary to show that the proposed development, alteration, or use of the site complies with all provisions of this title and the requirements and conditions of any applicable Design Review, Use Permit, or other discretionary land use approval.

Determination. If the Director determines that the proposed use or building is allowed as a matter of right by this title and conforms to all the applicable development and use standards, the Director shall issue a Zoning Clearance. An approved Zoning Clearance may include attachments of other written or graphic information, including, but not limited to, statements, numeric data, site plans, floor plans, and building elevations and sections, as a record of the proposal's conformity with the applicable regulations of this title. Prior to issuing any Building Permit, subdivision approval, or lot line adjustment, the Director shall review the application to determine whether the use, building, or change in lot configuration complies with all provisions of this title or any applicable Design Review, Use Permit, or other discretionary land use approval and that all conditions of such permits and approvals have been satisfied.

Exceptions. No Zoning Clearance shall be required for the continuation of previously approved or permitted uses and structures or uses and structures that are not subject to any building or zoning regulations.

Promote excellence in site planning and design and the harmonious appearance of buildings and sites;

Ensure that new and modified uses and development will be compatible with the existing and potential development of the surrounding area; and

Supplement other City regulations and standards to ensure control of aspects of design that are not otherwise addressed.

Planning Commission. The Planning Commission shall act as the Review Authority for all projects requiring Planning Commission approval (such as, but not limited to, Conditional Use Permits and Variances).

Community Development Director. The Director shall act as the Review Authority for all projects that do not meet the criteria listed in subsection A for a decision by the Planning Commission. The Director may refer items directly to the Planning Commission when in his or her opinion the public interest would be better served by having the Planning Commission conduct Design Review.

Application Forms and Fees. Written applications for Design Review shall be submitted to the Planning Division pursuant to Section 17.35.020, Application Forms and Fees.

Concurrent Processing. When a development project requires a Use Permit, Variance, or any other discretionary approval, the Design Review application shall be submitted to the Planning Division as a part of the application for the discretionary permit or approval.

If a project requires any Use Permit, Variance, or other discretionary approval other than Design Review, the design review shall be conducted concurrently with the discretionary permit.

If a project does not require any Use Permit, Variance, or other discretionary approval other than Design Review, the Planning Division shall provide public notice and input in the following manner:

Appeals. Design Review decisions may be appealed to the Planning Commission as provided for in Section 17.35.130, Appeals.

Expiration, Extensions, and Revisions. Design Review approvals may only be expired, extended, or modified as provided for in Chapter 17.35, Common Procedures.

Conditional Use Permits. The Planning Commission shall act as the Review Authority for Conditional Use Permits based on consideration of the requirements of this chapter.

Minor Use Permits. The Zoning Administrator shall act as the Review Authority for Minor Use Permits based on consideration of the requirements of this chapter. The Zoning Administrator may, at his or her discretion, refer any application for a Minor Use Permit for a project that may generate substantial public controversy or involve significant land use policy decisions to the Planning Commission for decision. In that case, the application shall be processed as a Conditional Use Permit.

Conditional Use Permits. All applications for Conditional Use Permits shall require public notice and hearing before the Planning Commission pursuant to Chapter 17.35, Common Procedures.

Minor Use Permits. All applications for Minor Use Permits shall require public notice pursuant to Section 17.35.060, Public Notice. A public hearing on a Minor Use Permit shall occur only when a hearing is requested by the applicant or other interested person(s) in writing and received by the Zoning Administrator within 10 days of the mailed notice. In the event a public hearing is requested, the Minor Use Permit shall be scheduled for a hearing before the Zoning Administrator pursuant to Chapter 17.35, Common Procedures.

All applications for interim uses shall require public notice and hearing before the Planning Commission pursuant to Chapter 17.35, Common Procedures.

The proposed use is allowed within the applicable zone and complies with all other applicable provisions of this title and all other titles of the West Sacramento Municipal Code;

The proposed use is consistent with the General Plan and any applicable specific plan;

The proposed use will not be adverse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements;

The proposed use complies with any design or development standards applicable to the zone or the use in question, unless waived or modified pursuant to the provisions of this title;

The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses and circulation in the vicinity; and

The site is physically suitable for the type, density, and intensity of the use being proposed, including access, utilities, and the absence of physical constraints.

Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council;

Achieve the general purposes of this title or the specific purpose of the zone in which the project is located;

Achieve the findings for a Use Permit listed in Section 17.38.060, Required Findings; or

Mitigate any potentially significant impacts identified because of environmental review conducted in compliance with the California Environmental Quality Act.

Appeals. Use Permit decisions may be appealed as provided for in Section 17.35.130, Appeals.

Expiration, Extensions, and Revisions. Use Permit approvals may only be expired, extended, or modified as provided for in Chapter 17.35, Common Procedures.

The length of time for the interim use shall be determined by the Planning Division with approval by the Planning Commission. The length of time of interim use shall be no more than five years. Upon completion of the interim use period, the use shall cease operation and the site in which the interim use was operating shall be returned to its original condition. If additional time is needed, an interim use extension shall require a new public hearing with the Planning Commission. Only one extension may be granted per use.

The proposed use will not unreasonably affect adjacent properties, their owners and occupants, or the surrounding neighborhood, and will not in any other way constitute a nuisance or be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the area of such use or to the general welfare of the City; and

The proposed use will not unreasonably interfere with pedestrian or vehicular traffic or circulation in the area surrounding the proposed use and will not create a demand for additional parking that cannot be safely and efficiently accommodated by existing parking areas.

Regulation of ingress, egress, and traffic circulation;

Regulation of fire protection and access for fire vehicles;

Regulation of lighting and signage;

Regulation of hours of operation, staffing, or other aspects of the use; and

Removal of all trash, debris, temporary structures and electrical service.

Dimensional Requirements. Relief from dimensional requirements of property development standards specified in this title, not to exceed 25% of the requirement.

Exclusions. Modifications cannot be granted for any of the following standards:

Review Authority. The Director shall act as the Review Authority for Modification applications based on consideration of the requirements of this chapter except in the case of concurrent processing pursuant to subsection B.

Concurrent Processing. If a request for a Modification is being submitted in conjunction with an application for another approval, permit, or entitlement that requires Planning Commission action, it shall be heard and acted upon at the same time and in the same manner as that application.

Public Notice and Hearing. Modifications do not require a public hearing or notice.

The Modification is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances, including, but not limited to: topography, noise exposure, irregular property boundaries, or other unusual circumstances;

There are no alternatives to the requested Modification that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the public; and

The granting of the requested Modification would not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or density that would be inconsistent with the requirements of this title.

Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council;

Achieve the general purposes of this title or the specific purposes of the zone in which the project is located;

Achieve the findings for a Modification granted; or

Mitigate any potentially significant impacts identified because of review conducted in compliance with the California Environmental Quality Act (CEQA).

Appeals. Modification decisions may be appealed as provided for in Section 17.35.130, Appeals.

Expiration, Extensions, and Revisions. Modifications may only be expired, extended, or modified as provided for in Chapter 17.35, Common Procedures.

Public Notice. An application for a Variance shall require a public notice prior to the Planning Commission decision, pursuant to Section 17.35.060, Public Notice.

Public Hearing. An application for a Variance shall require a public hearing before the Planning Commission, pursuant to Section 17.35.070, Conduct of Public Hearings.

There are exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to property in the vicinity and identical zone, and that the granting of a Variance will not constitute a granting of a special privilege inconsistent with the limitations on the property in the vicinity and identical zone;

The granting of the application is necessary to prevent a physical hardship which is not of the applicant's own actions or the actions of a predecessor in interest;

The granting of the application will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare or convenience; and

The granting of the Variance will be consistent with the general purposes and objectives of this title, any applicable specific plans, and the General Plan.

Appeals. Variance decisions may be appealed as provided for in Section 17.35.130, Appeals.

Expiration, Extensions, and Revisions. Variances may only be expired, extended or revised as provided for in Chapter 17.35, Common Procedures.

A request for Reasonable Accommodation may be made by any person with a disability, their representative, or any other entity, when the application of zoning law or other land use regulation, policy, or procedure acts as a barrier to fair housing opportunities.

A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having this type of impairment, or anyone who has a record of this type of impairment.

A request for Reasonable Accommodation may include a change or exception to the practices, rules, and standards for the development, siting, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

Description of the accommodation request;

The applicant's name, address, and telephone number;

Location of the subject property, including address and assessor's parcel numbers;

Name and address of the property owner and the owner's written consent to the application;

The current actual use of the subject property;

Verifiable documentation of the individual's disability status;

The regulation(s), policy, or procedure for which accommodation is sought;

Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling; and

Additional information necessary for Planning Division staff to facilitate proper consideration of the request, consistent with fair housing laws.

Whether the housing, which is the subject of the request, will be used by an individual defined as disabled under the Acts;

Whether the request for Reasonable Accommodation is necessary to make specific housing available to an individual with a disability under the Acts;

Whether the requested Reasonable Accommodation would impose an undue financial or administrative burden on the City; and

Whether the requested Reasonable Accommodation would require a fundamental alteration of a City program or law, including, but not limited to, land use and zoning.

Appeals. Reasonable Accommodation decisions may be appealed as provided for in Section 17.35.130, Appeals.

Expiration, Extensions, and Revisions. Reasonable Accommodations may only be expired, extended or revised as provided for in Chapter 17.35, Common Procedures. A Reasonable Accommodation shall terminate if the accommodation is no longer required, or if the recipient of the accommodation no longer resides at the property.

The City incorporates by reference the provisions of Government Code Sections 65864 through 65869.5. In the event of any conflict between those statutory provisions and this chapter, the statutes shall control.

A development agreement may be considered for a proposed development that will require a developer to make a substantial investment at the early stages of the project for planning and engineering for the entire project and for public facilities and services.

The Director shall negotiate the specific components and provisions of the Development Agreement on behalf of the City for Planning Commission review and recommendation to the City Council. The Director may request input from other affected departments as needed.

The Planning Commission shall act as the advisory body and review the Development Agreement to provide recommendation to the City Council.

The City Council shall act as the Review Authority, and after receiving recommendations from the Planning Commission, may adopt, reject, or modify a Development Agreement based on consideration of the requirements of this chapter.

Application Requirements. Applications for Development Agreements shall be filed with the Community Development Department in accordance with the provisions set forth in Section 17.35.020, Application Forms and Fees. In addition to any other application requirements, the application for a Development Agreement shall include data or other evidence in support of the applicable findings required by Section 17.43.070, Required Findings.

Concurrent Processing. It is the intent of this chapter that the application for a Development Agreement will be made and considered simultaneously with the review of other necessary applications, including, but not limited to, rezoning, Planned Development, and Conditional Use Permits. If combined with an application for rezoning, Planned Development, or Conditional Use Permit, the application for a Development Agreement shall be submitted with said application and shall be processed, to the maximum extent possible, jointly to avoid duplication of hearings and repetition of information. A Development Agreement is not a substitute for, nor an alternative to, any other required permit or approval, and the qualified applicant or developer must comply with all other required procedures for development approval.

Notice. Public notice of hearings by the Planning Commission for a Development Agreement shall be given as specified in Section 17.35.060, Public Notice. Notice of the hearing shall also be mailed or delivered to any other local agency expected to provide essential facilities or services to the property that is the subject of the Development Agreement.

Hearing. The Planning Commission shall conduct a public hearing for making recommendations to the City Council in conformance with the provisions of Section 17.35.070, Conduct of Public Hearings.

Recommendation to Council. Following the public hearing, the Planning Commission shall make a written recommendation on the proposed Development Agreement. The Director shall transmit the Planning Commission's written recommendation and complete record of the application to the City Council.

Applicant Execution of Agreement. A proposed Development Agreement shall be executed by the Applicant before it is placed before City Council for consideration at a public hearing.

Notice. Public notice of hearings by the City Council for a Development Agreement shall be given as specified in Section 17.35.060, Public Notice. Notice of the hearing shall also be mailed or delivered to any other local agency expected to provide essential facilities or services to the property that is the subject of the Development Agreement.

Hearing. After receiving the report from the Planning Commission but no later than the time specified by Section 65943 of the Government Code, the City Council shall hold a public hearing in conformance with the provisions of Section 17.35.070, Conduct of Public Hearings.

Decision. After the City Council completes the public hearing, the City Council shall approve, modify, or deny the Development Agreement. Approval of a Development Agreement shall be by ordinance. The ordinance shall refer to and incorporate by reference the text of the Development Agreement. Matters not previously considered by the Planning Commission during its hearing may, but need not, be referred to the Planning Commission for report and recommendation. The Planning Commission may, but need not, hold a public hearing on matters referred to it by the City Council.

Finding of Compliance. If the City Manager or designee, based on substantial evidence, finds compliance by the applicant with the provisions of the Development Agreement, no action is required.

Finding of Noncompliance. If the City Manager or designee finds the applicant has not complied with the provisions of the Development Agreement, the Director may issue a finding of noncompliance which may be recorded by the City with the County Recorder after it becomes final. The Director shall specify in writing to the applicant the respects in which the applicant has failed to comply and shall set forth terms of compliance and specify a reasonable time for the applicant to meet the terms of compliance. If the applicant does not comply with any terms of compliance within the prescribed time limits, the Development Agreement shall be subject to termination or revision pursuant to this chapter.

Appeal of Determination. Within 10 days after issuance of a finding of noncompliance, any interested person may file a written appeal of the finding with the City Council. The appellant shall pay fees and charges for the filing and processing of the appeal in amounts established by resolution of the City Council. The appellant shall specify the reasons for the appeal. The issuance of a finding of compliance or finding of noncompliance and the expiration of the appeal period without appeal, or the confirmation by the City Council of the issuance of the finding on such appeal, shall conclude the review for the applicable period and such determination shall be final.

Mutual Agreement. Any development may be canceled or amended by mutual consent of the parties following compliance with the procedures specified in this section. A Development Agreement may also specify procedures for administrative approval of minor amendments by mutual consent of the applicant and City Manager or designee.

After Finding of Noncompliance. If a finding of noncompliance does not include terms of compliance, or if applicant does not comply with the terms of compliance within the prescribed time limits, the City Manager or designee may refer the Development Agreement to the City Council for termination or revision. After the public hearing, the City Council may terminate the Development Agreement, modify the finding of noncompliance, or rescind the finding of noncompliance, and issue a finding of compliance.

Recordation. If the parties to the agreement or their successors in interest amend or cancel the Development Agreement, or if the City terminates or modifies the Development Agreement for failure of the applicant to fully comply with the provisions of the Development Agreement, the City Clerk shall record notice of such action with the County Recorder.

Rights of the Parties After Cancellation or Termination. If a Development Agreement is cancelled or terminated, all rights of the applicant, property owner or successors in interest under the Development Agreement shall terminate. If a Development Agreement is terminated following a finding of noncompliance, the City may, in its sole discretion, determine to return all benefits, including reservations or dedications of land, and payments of fees, received by the City.

Existing Rules and Regulations. Unless otherwise specified in the Development Agreement, the City's rules, regulations, and official policies governing permitted uses of the property, density and design, and improvement standards and specifications applicable to development of the property shall be those City rules, regulations, and official policies in force on the effective date of the Development Agreement.

Future Rules and Regulations. A Development Agreement shall not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations and policies that do not conflict with those rules, regulations and policies applicable to the property as set forth in the Development Agreement. A Development Agreement shall not prevent the City from denying or conditionally approving any subsequent land use project or authorization for the project on the basis of such rules, regulations, and policies. Unless otherwise specified in the Development Agreement, a Development Agreement shall not exempt the applicant from obtaining future discretionary land use approvals.

State and Federal Rules and Regulations. In the event that any regulation or law of the State of California or the United States, enacted or interpreted after a Development Agreement has been entered into prevents or precludes compliance with one or more provisions of the Development Agreement, then the Development Agreement may be modified or suspended in the manner and pursuant to the procedures specified in the Development Agreement, as may be necessary to comply with such regulation or law.

Amendments to the General Plan, to address changes in State or Federal law and problems and opportunities that were unanticipated at the time of adoption or the last amendment; and

Amendments to the Zoning Code and Zoning Map, whenever the public necessity, convenience, general welfare, or good practice justify such amendment, consistent with the General Plan.

All proposals to change the text of the General Plan and the maps that illustrate the application of its provisions; and

All proposals to change the text of this Zoning Code or to revise a zone or boundary line shown on the Zoning Map.

Application. A qualified applicant shall submit an application accompanied by the required fee, pursuant to Chapter 17.35, Common Procedures. The Planning Division may require an applicant to submit such additional information and supporting data as considered necessary to process the application. The Planning Division may allow Amendments to the General Plan, Zoning Code, and Zoning Map to be processed concurrently with other applications.

Staff Report. The Director shall prepare a report and recommendation to the Planning Commission on any amendment application. The report shall include, but is not limited to, a discussion of how the proposed amendment meets the criteria in Section 17.44.080, General Plan Consistency Required for Zoning Amendments (if applicable), as well as an environmental document prepared in compliance with the California Environmental Quality Act (CEQA). Applications involving projects for which an environmental document is required shall not be heard until the environmental assessment procedures required by CEQA are satisfied.

Public Hearing and Notice. All Amendments to the General Plan, Zoning Code, and Zoning Map shall be referred to the Planning Commission, which shall conduct at least one public hearing on any proposed amendment. At least 10 days before the date of any public hearing, the Planning Division shall provide notice as provided for in Section 17.35.060, Public Notice. Notice of the hearing also shall be mailed or delivered to any local agency expected to provide essential facilities or services to the property that is the subject of the proposed amendment.

Planning Commission Hearing. Before submitting a recommendation report to the City Council, the Planning Commission shall conduct at least one public hearing in accordance with Section 17.35.070, Conduct of Public Hearings.

Recommendation to City Council. Following the public hearing, the Planning Commission shall make a recommendation on the proposed amendment to the City Council. Such recommendation shall include the reasons for the recommendation, findings related to Section 17.44.080, General Plan Consistency Required for Zoning Amendments (if applicable), and the relationship of the proposed amendment to other adopted documents. The recommendation shall be transmitted in the form of a Council memo, prepared by the Planning Division, with a copy of the approved minutes from the Planning Commission meeting.

City Council Hearing. After receiving the recommendation from the Planning Commission, the City Council shall hold a hearing in accordance with Section 17.35.070, Conduct of Public Hearings. The notice for the hearing shall include a summary of the Planning Commission recommendation.

City Council Action. After the conclusion of the hearing, the City Council may approve, modify, or deny the proposed amendment. If the Council proposes any substantial revision not previously considered by the Planning Commission during its hearings, the proposed revision shall first be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing. The failure of the Planning Commission to report within 45 days after the referral shall be deemed a recommendation for approval and the amendment shall be returned to Council for adoption.

Community Development Director. The Director shall enforce the provisions of this title pertaining to the use of any land or structure, bulk, height and land coverage of structures, open spaces about structures and the dimensions and area of sites upon which structures are located.

Other Officials. Requirements pertaining to health and sanitation, fire protection and building code regulations shall be enforced by the respective agencies which have jurisdiction in such matters. Whenever there is a conflict between the provisions of this title and other City, State and Federal regulations, the more restrictive regulations apply.

Ordering the cessation of the use in whole or in part;

Imposing reasonable conditions upon any continued operation of the use, including those uses that constitute existing nonconforming uses;

Requiring continued compliance with any conditions so imposed;

Requiring the user to guarantee that such conditions shall in all respects be complied with; or

Imposing additional conditions or ordering the cessation of the use in whole or in part upon finding of a nuisance.