Preliminary Project Review (Optional)

Application Contents. Applications shall be filed with the Division on the appropriate City forms, together with all necessary fees and/or deposits, exhibits, maps, materials, plans, reports, and other information specified in the application form and any applicable Division handout, and any additional information required by the Director in order to describe clearly and accurately the proposed project, its potential environmental impact, and its effect on existing improvements, and to conduct a thorough review of the proposed project.

Eligibility for Filing. All zoning approval and other applications required by this Title shall be filed with the Division. Applications may be made by:

Filing Date. The filing date of any application shall be the date on which the application along with the required application processing fees is submitted to the Division.

Filing Fees Required. The Council shall, by resolution, adopt a schedule of fees for permits, entitlements, amendments, and other matters pertaining to this Title (hereafter referred to as the City Council Fee Resolution). The City Council Fee Resolution may be obtained from the Division and may be changed or modified only by resolution of the Council. The City's processing fees are cumulative. For example, if an application for a Development Review also requires a Variance, both fees will be charged. Also, specified projects may be subject to a deposit and an hourly rate, rather than a flat application fee(s), in compliance with the City Council Fee Resolution. Processing shall not commence on an application until all required fees/deposits have been paid. Without the application fee(s), or deposit if applicable, the application will not be deemed complete.

Refunds and Withdrawals

Completeness Review. The Division shall review an application for completeness before it is accepted as being complete to begin processing. The Division will consider an application complete when:

Notification of Applicant. The applicant shall receive written notification within 30 days of submittal that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the written notification, must be provided.

Appeal by Applicant. If the application together with the submitted materials is again found incomplete following subsequent submittal of requested materials, the applicant can appeal that decision in writing to the Planning Commission in accordance with Section 65943 of Government Code.

Expiration of Application. If a pending application is not resubmitted within three months after receiving an incomplete notice from the planning division, the application shall expire and be deemed withdrawn and any remaining deposit amount shall be refunded, subject to administrative processing fees. If an application, after being deemed complete, is not acted upon by the applicant within a three month period, then the application shall expire and be deemed withdrawn.

Extension of Application. The Director may grant a single three-month extension upon written request of the applicant. After expiration of the application and extension, if granted, a new application, including fees, plans, exhibits, and other materials will be required to commence processing of a new project application on the same property.

Additional Information. After the application has been accepted as complete, the Director may require the applicant to submit additional information needed for the environmental review of the project in compliance with Section 17.500.030, Environmental Assessment.

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

Compliance. All work for which project drawings and plans have received approval by the Director, Commission, or Council shall be performed in substantial compliance with the approved drawings and plans, any statements (written or oral) made in support of the application, any conditions of approval imposed by the review authority, and any minor changes approved by the Director.

Changes. Any minor changes to or deviations from the approved drawings and plans that do not change the intent of the original approval may be approved by the Director. In the case of a discretionary permit, the original review authority shall review and approve any major changes, in compliance with Section 17.510.035, Changes to an Approved Project.

Discretionary Decisions by the Director or Commission. Any "Decisions" listed in Table 5-1 (except Zoning Clearance), shall become effective on the date following the end of the appeal period following the date the decision is rendered by the appropriate review authority, provided that no appeal of the review authority's action has been filed in compliance with Chapter 17.640, Appeals. A decision shall be considered as follows:

Zoning Clearance Permits. Staff decisions shall be effective immediately upon being stamped and signed by staff.

Decisions by Council. Any Comprehensive Plan, Development Agreement, Specific Plan, or amendment to the Zoning Map and this Title shall become effective on the 30th day following the date the decision is rendered by the Council. A General Plan amendment shall become effective immediately upon adoption of a resolution by the Council.

Time Limits. To ensure continued compliance with the provisions of this Chapter, each approved permit or entitlement shall expire one year from the date of approval if the use has not been exercised, unless otherwise specified in the permit or entitlement. A time extension may be granted in compliance with subsection C, Project Phasing, if a written request is submitted by the applicant and received by the Division prior to expiration of the approval.

If a permit or entitlement has not been exercised within the established time frame and a time extension is not granted the permit or entitlement shall be deemed void.

Permit Implementation—Exercising the Permit or Entitlement. The zoning approval shall not be deemed exercised until the permittee has submitted plans to the Building Division for plan check. If no construction is required, the zoning approval shall be deemed exercised when the permittee has actually commenced the allowed use on the subject site in compliance with the conditions of approval.

Project Phasing. If a project is to be developed in approved phases, each subsequent phase shall be exercised within 12 months from the date that the previous phase was exercised, unless otherwise specified in the zoning approval, or the zoning approval shall expire and be deemed void. If the project also involves the approval of a Tentative Map, the phasing shall be consistent with the Tentative Map and the zoning approval shall be exercised before the expiration of the Tentative Map, or the zoning approval shall expire and be deemed void.

Extensions of Time.

Minor changes may be approved, modified, or denied by the Director. Major changes shall be approved, modified, or denied by the original review authority.

The Director shall determine whether a proposed change is major or minor. The determination that the change is major depends on whether the proposal may result in:

General Applicability. Zoning Clearance shall be required in conjunction with Division review of any building or grading permit, business tax certificate (business license), or other authorization required by the WMC or this Title or for any new use or change of use. Where no other authorization is required, (e.g., Building Permit) Zoning Clearance shall be obtained from the Division before the commencement of any business or land use activity. The Director has the discretion on a case-by-case basis to determine that an application is subject to Development Review and require noticing and/or defer the action to the Commission based on criteria including traffic, parking demand, building shade, shadow, scale, design and other potential impacts.

ADUs and JADUs. Any application for an ADU or JADU that meets the requirements of Section 17.400.135 shall be approved ministerially.

SB 9 Two-Unit Housing Development. Any application for a qualifying SB 9 two-unit housing development that meets the requirements of Section 17.400.122 shall be approved ministerially.

Establish quality development that focuses on community design principles that result in creative and imaginative solutions;

Ensure that each new development is designed to best comply with the purpose and intent of the zoning district in which the property is located, in compliance with all applicable performance standards, design standards, and design guidelines adopted by the City, and does not have an adverse effect on the aesthetic, architectural, health, and safety related qualities of adjoining properties or upon the City in general;

Ensure access to each property and a circulation pattern that is safe and convenient for both pedestrians and vehicles;

Ensure the orderly and harmonious appearance of structures with associated site improvements (e.g., landscaping, parking areas, signs, etc.);

That landscaping, including the location, type, size, color, texture, and coverage of plant materials; provisions for irrigation; and protection of landscape elements, has been designed to create visual relief, complement structures, and provide an attractive environment and is consistent with the purpose and intent of this Title, the requirements of the zoning district in which the site is located, and all applicable development standards, and design guidelines;

Ensure that the general layout of the project, including orientation and location of buildings, vehicular and pedestrian access and circulation, parking and loading facilities, building setbacks and heights and other improvements on the site is consistent with the purpose and intent of this Title and the design guidelines;

Implement and promote the goals and policies of the General Plan;

Eliminate blight;

Prevent incompatible design and development types;

Ensure compliance with the National Pollution Discharge Elimination Systems (NPDES) program.

Development Review shall be required for:

Subject to Commission Review. The Director has the discretion on a case-by-case basis to require noticing for any Development Review application and defer the application to the Commission for action. Projects not exempt from the California Environmental Quality Act (CEQA) are subject to Commission hearing and action.

Exempt from Development Review. The following projects are exempt from Development Review but are subject to Zoning Clearance except Subsection (3):

Filing. An application for a Development Review shall be completed, filed, and processed in compliance with Chapter 17.500, Applications, Processing, and Fees. The application package shall include all information specified in the application, any applicable Division handout, and any additional information required by the Director in order to conduct a thorough review of the proposed project. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 17.520.020, Findings and Decision.

Notice, Hearings, and Review. Notice, hearings, and review regarding an application for a Development Review shall be provided in compliance with Chapter 17.630, Public Hearings and Administrative Review should the Director require a public notice and/or defer the application to the Commission for action. Projects not exempt from the California Environmental Quality Act (CEQA) are subject to a hearing and Commission action.

Concurrent Review. When a project requires other land use permits such as a Variance, Conditional Use Permit, subdivision, or zone change application, the Development Review shall occur concurrently with the review of the other land use permits, unless the applicant requests otherwise.

Project Review Procedures. In conducting a Development Review for a particular project, the reviewing authority shall consider the location, design, site plan configuration, and the overall effect of the proposed project upon surrounding properties and the City in general. A Development Review shall be conducted by comparing the proposed project to applicable General Plan policies, any applicable Specific Plan, adopted development and design standards, design guidelines, and other applicable City ordinances.

The proposed development will not be detrimental to the public health, safety and welfare;

The proposed development is in full compliance with this Title, including with the design guidelines manual;

The proposed development will not adversely affect the General Plan and any applicable Specific Plan and it is consistent with the General Plan; and

The existing or proposed public facilities necessary to accommodate the proposed project (e.g., fire protection devices, parkways, public utilities, sewers, water, sidewalks, storm drains, street lights, traffic control devices, and the width and pavement of adjoining streets and alleys) will be available to serve the subject site.

Home-Based Business Zoning Clearance Permit

That such approval was obtained by fraud.

That the home-based business permit has been exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law, or regulation for which the approval was granted.

That the home-based business permit for which the approval was granted has been so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance.

Permit Requirement. A Temporary Use or Temporary Event Permit approved by the applicable review authority shall be required for all uses identified in Section 17.540.015, and shall be issued before the commencement of the activity.

Exempt Activities. The following temporary uses and events are exempt from the requirement for a Temporary Use or Temporary Event Permit. Uses other than the following shall comply with Section 17.540.015.

Allowed Temporary Uses

Allowed Temporary Events

Application Contents. The application shall be made on forms furnished by the Division and shall be accompanied by the information identified in any applicable City handouts and permit applications.

Time for Filing. A temporary use or event permit application shall be filed as follows:

The use or event is limited to a duration that is no more 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 land uses on-site and in the vicinity of the subject property.

The temporary use or activity 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 Title.

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

The use or event will comply with all applicable provisions of local, State, and Federal laws or regulations.

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

General Standards. Standards for floor areas, heights, landscaping areas, off-street parking, setbacks, and other structure and property development standards that apply to the category of use or the zoning district of the subject parcel shall be used as a guide for determining the appropriate development standards for temporary uses and events. However, the review authority may authorize an adjustment from the specific requirements as deemed necessary and appropriate.

Standards for Specific Temporary Activities. Specific temporary land use activities shall comply with the development standards identified in Chapter 17.300, General Property Development and Land Use Standards, as applicable to the use, in addition to those identified in Sections 17.550.030 and 17.540.035.A.

Condition of the Site Following a Temporary Use or Event. Each site occupied by a temporary use or event shall be cleaned of debris, litter, or any other evidence of the temporary activity on completion or removal of the activity, and shall thereafter be used in compliance with the provisions of this Title.

Revocation. A Temporary Use or Temporary Event Permit may be revoked or modified, with only a 24-hour notice, in compliance with Chapter 17.660, Revocations and Modifications.

Extension of the Permit—Temporary Uses. The Director may extend the operational length of a temporary use or event if the delay is beyond the control of and was not the result of actions by the permittee.

Expiration of Permit. A Temporary Use, Special Event, or Temporary Event Permit shall be considered to have expired when the approved use has ceased or is suspended.

Purpose. This Section provides a process for permitting and regulating garage sales to ensure that basic health, safety, and community welfare standards are met, with the minimum necessary conditions or limitations consistent with the temporary nature of the activity.

Operating Standards. Garage sales are permitted in all residential zoning districts subject to the following restrictions:

Permit Requirements. A permit shall be issued, without tax, upon submission of an application and filing of the affidavit mentioned in subsection B.5. Each application for a garage sale permit shall be accompanied by a nonrefundable application fee established by the City Council Fee Resolution.

General Provisions. Grand openings shall be limited to the following:

Permits. Grand opening permits shall be limited to: a new business; the change of ownership for an existing business; and/or the change of name for an existing business. However, in no case shall the number of grand openings, pursuant to this Section, exceed one per 12-month period, per business address. A grand "re-opening" shall not constitute a grand opening for purposes of this Section.

Authorization. Prior to the issuance of a permit for a grand opening, the applicant shall provide the City with written permission from the property owner or management, authorizing the proposed grand opening.

Filing. An application for an Administrative or Conditional Use Permit shall be completed, filed, and processed in compliance with Chapter 17.500, Applications, Processing and Fees. The application package shall include all information specified in the application, any applicable Division handout, and any additional information required by the Director in order to conduct a thorough review of the proposed project. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 17.550.020, Findings and Decision.

Notice, Hearings and Administrative Review. Notice, hearings, and administrative review regarding an application for an Administrative Use Permit or Conditional Use Permit shall be provided in compliance with Chapter 17.630, Public Hearings and Administrative Review, and as follows:

The proposed use is allowed within the subject zoning district with the approval of an Administrative or Conditional Use Permit and complies with all other applicable provisions of this Title and the WMC.

The proposed use is consistent with the General Plan and any applicable Specific Plan.

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

The subject site is physically suitable for the type and intensity of use being proposed, including access, compatibility with adjoining land uses, shape, size, provision of utilities, and the absence of physical constraints.

The establishment, maintenance, or operation of the proposed use will not be detrimental to the public interest, health, safety, or general welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located.

General Procedures. Procedures relating to appeals, revocations, and modifications as identified in Article 6, Zoning Code Administration, in addition to those identified in Chapter 17.510, Permit Implementation, Time Limits and Extensions, shall apply following the approval of an Administrative or Conditional Use Permit application.

Permit Validity. An Administrative or Conditional Use Permit granted pursuant to the provisions of this Chapter that is valid and in effect shall run with the land and shall continue to be valid upon a change of ownership of the site or structure that was the subject of the use permit application. However, should the activity approved by the use permit be discontinued for a consecutive period of one year, the use permit shall be deemed expired and shall become null and void. Upon expiration, further continuation of the activity on-site will require approval of a new Administrative or Conditional Use Permit application.

Administrative adjustment of specific development standards of this Title when the strict application of those standards creates an unnecessary, involuntarily created hardship or unreasonable regulation that makes it impractical to require compliance with the development standards.

Variances from the development standards of this Title only when, because of special circumstances applicable to the property (including location, shape, size, surroundings, topography, or other conditions), the strict application of this Title denies the property owner privileges enjoyed by other property owners in the vicinity and in identical zoning districts.

Administrative Adjustment. The Director may grant an administrative adjustment for only the development standards identified in Table 5-2. An administrative adjustment may be granted only once for a specific type of request per parcel. A request that exceeds the limitations identified in Table 5-2 shall require the filing of an application for a variance.

Administrative Adjustment for Recreational Vehicles

Administrative Adjustment to the Area and Height Computation for Signs. The Director may allow an increase to the maximum allowed sign area or height restrictions in accordance with the provisions and findings of Section 17.330.020.E, Administrative Adjustments to the Area and Height Computation.

Variance. The Commission may grant a Variance from the requirements of this Title; except that a Variance shall not allow a use of land not otherwise allowed in the applicable zoning district by Article 2, Zoning Districts, Permitted Land Uses, and Zone-Specific Standards.

Filing. An application for an administrative adjustment or a variance shall be completed, filed, and processed in compliance with Chapter 17.500, Applications, Processing and Fees. The application package shall include all information specified in the application, any applicable Division handout, and any additional information required by the Director in order to conduct a thorough review of the proposed project. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 17.550.050, Findings and Decision.

Notice and Hearings. Notice and hearings regarding an application for a variance or an administrative adjustment shall be provided in compliance with Chapter 17.630, Public Hearings and Administrative Review, and as follows:

Administrative Adjustment Findings. The Director shall record the decision in writing with the findings on which the decision is based. The administrative adjustment may be approved, with or without conditions, only after making all of the following findings:

Variance Findings. The Commission shall record the decision in writing with the findings on which the decision is based. The variance may be approved, with or without conditions, only after making all of the following findings:

Filing. An application for a Comprehensive Plan shall be completed, filed, and processed in compliance with Chapter 17.500, Applications, Processing and Fees. The application package shall include all information specified in the application, any applicable Division handout, and any additional information required by this Title or the Director in order to conduct a thorough review of the proposed project. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 17.560.020, Findings and Decision.

Comprehensive Plan Requirements. All Comprehensive Plans shall be prepared and endorsed by a professional team that shall include a licensed landscape architect, a registered civil engineer, and a licensed architect, as applicable, and shall include, but not be limited to:

Notice and Hearings. Notice and hearings regarding an application for a Comprehensive Plan or a modification to an approved Comprehensive Plan shall be provided in compliance with Chapter 17.630, Public Hearings and Administrative Review.

Review Authority. A Comprehensive Plan shall be approved by the adoption of an ordinance or disapproved by a resolution of the Council after consideration of the Commission's recommendation.

The proposed development is capable of creating an environment of sustained desirability and stability, or there is adequate assurance that such objective will be attained;

The proposed uses will not be detrimental to present and potential surrounding uses, but will have a beneficial effect;

The streets and thoroughfares serving the development are suitable and adequate to carry anticipated traffic and the development will not generate traffic that will overload the adjacent street network;

The proposed development is compatible with the surrounding area;

The types and locations of any proposed commercial development have been demonstrated to be economically justified;

The Comprehensive Plan is in conformance with the General Plan, or a concurrent General Plan Amendment is in process;

Any exception from the standards and requirements of this Title is warranted by the design and amenities incorporated in the Comprehensive Plan and is desired by the Council;

Existing and proposed utility services are adequate for the proposed uses;

The Comprehensive Plan has complied with all applicable City requirements.

Major changes or alterations to an approved Comprehensive Plan shall be considered by the Commission at a public hearing, which shall make recommendations to the Council. The Council may then approve, conditionally approve, or disapprove the proposed changes or alterations, after a public hearing.

The Director may administratively approve minor changes or alterations to an approved Comprehensive Plan, subject to an appeal pursuant to Chapter 17.640, Appeals, provided that the Director makes the following findings:

If the Director determines that the above findings cannot be made, then the request shall be considered a major change and referred to the Commission for review at a public hearing and for Council review at a public hearing.

Maintenance, rehabilitation, renovation, and reconstruction of existing structures, that will not alter the site plan shall not require a Comprehensive Plan or any Comprehensive Plan modification, minor or major.

All determinations required by this Section are subject to appeal pursuant to Chapter 17.640, Appeals.

City. By a Resolution of Intention adopted by the Council.

Property Owner. By an application in compliance with Chapter 17.500, Applications, Processing and Fees. For Specific Plans proposed by private property owners, the project area may be 1 parcel under single ownership or a combination of adjoining parcels subject to a unified planning concept with the full written concurrence of all applicable property owners.

Proposed Land Uses. The distribution, location, and extent of land uses proposed within the area covered by the Specific Plan, including open space areas.

Infrastructure. The proposed distribution, location, extent, and intensity of major components of public and private drainage, energy, sewage, solid waste disposal, circulation, transportation, water, and other essential facilities proposed within the Specific Plan area and needed to support the proposed land uses.

Land Use and Development Standards. Standards, criteria, and guidelines by which development would proceed, and standards for the conservation, development, and utilization of natural resources, where applicable.

Implementation Measures. A program of implementation measures, including regulations, programs, public works projects, and financing measures necessary to carry out the proposed land uses, infrastructure, and development and conservation standards and criteria.

Relationship to General Plan. A discussion of the relationship of the Specific Plan to the objectives, policies, general land uses, and programs of the General Plan.

Design Standards and Guidelines. Standards and guidelines for proposed structures and public street features within the boundaries of the Specific Plan area.

Additional Information. The Specific Plan shall contain any additional information determined to be necessary by the Director based on the characteristics of the area to be covered by the plan, applicable policies of the General Plan, or any other issue(s) determined by the Director to be significant.

Filing and Initial Processing. A draft Specific Plan proposed by a property owner shall be filed with the Division and shall be accompanied by the fee required by the City Council Fee Resolution. A draft plan proposed by an applicant or prepared by the City shall then be processed in the same manner as required for General Plans by State law (California Government Code Sections 65350 et seq.), and as provided by this Section.

Division Evaluation. After the receipt of a draft Specific Plan, the Division shall conduct an initial review in compliance with Section 17.500.025, Initial Application Review, to determine whether it complies with the provisions of this Section. If the draft plan is not in compliance, it shall be returned to the applicant with a written explanation of why it does not comply, and with suggested revisions to ensure compliance. When a draft plan is returned by the applicant to the Division and the Division determines it is complete and in compliance with this Section, the plan shall be deemed to be accepted for processing.

Environmental Review. The draft Specific Plan shall be subject to environmental review in compliance with CEQA and the City's CEQA Guidelines.

Public Hearings. A proposed Specific Plan shall be subject to public hearings before both Commission and Council before its adoption, as follows:

Conformance with the General Plan. The Council shall adopt a Specific Plan only if it finds that the proposed plan is consistent with the objectives, policies, general land uses, and programs of the General Plan and other adopted goals and policies of the City.

Development within Specific Plan Area. After the adoption of a Specific Plan, subsequent projects to implement the Specific Plan may be approved or adopted within an area covered by a Specific Plan only if first found consistent with the Specific Plan. The Council may impose a Specific Plan fee surcharge on development permits within the Specific Plan area, in compliance with State law (California Government Code Section 65456).

Amendments

Modifications. Development standards identified in an adopted Specific Plan may be modified only as specified in the Specific Plan and in compliance with State law.

Filing. An application for a density bonus or other bonus incentives shall be completed, filed, and processed in compliance with Chapter 17.500, Applications, Processing and Fees. The application package shall include all the information specified in the application form, any applicable Division handout, and any additional information required by the Director in order to conduct a thorough review of the proposed project. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 17.570.025, Findings and Decision.

Notice and Hearings. Notice and hearings regarding an application for a density bonus and other bonus incentives shall be provided in compliance with Chapter 17.630, Public Hearings and Administrative Review.

Review Authority. Requests for a density bonus and other bonus incentives shall be reviewed by the Commission, who shall make a recommendation on which the Council shall act upon by resolution.

The project would be compatible with the purpose and intent of the General Plan and the provisions of this Title;

The project will not be detrimental to the public interest, health, safety, or general welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located;

The number of dwellings can be accommodated by existing and planned infrastructure capacities;

Adequate evidence exists to ensure that the development of the property would result in the provision of affordable housing in a manner consistent with California Government Code Section 65915, or as may be amended, and the purpose and intent of this Title;

There are sufficient provisions to guarantee that the designated dwelling units would remain affordable in the future.

Owner's Request. An owner of real property may request and apply through the Division to enter into a Development Agreement provided that:

Director Review. The Director shall receive, review, process, and prepare recommendations for Commission and Council consideration on all applications for development agreements.

Concurrent Processing and Public Hearings. All development-related applications shall be processed and scheduled for public hearing concurrently with the application for a Development Agreement. The Council shall be the review authority for the Development Agreement and all associated applications.

Fees. The application for a Development Agreement shall include the processing fee established by the City Council Fee Resolution. Additionally, appropriate fees shall be established and collected for periodic reviews conducted by the Director in compliance with Section 17.580.040.A, Periodic Review.

Commission Hearing. The Director, upon finding the application for a Development Agreement complete, shall set the date for a public hearing before the Commission in compliance with Chapter 17.630, Public Hearings and Administrative Review. Following conclusion of a public hearing, the Commission shall adopt a resolution and make a written recommendation to the Council that it approve, conditionally approve, or deny the application.

Council Hearing. Upon receipt of the Commission's recommendation, the City Clerk shall set a date for a public hearing before the Council in compliance with Chapter 17.630, Public Hearings and Administrative Review. Following conclusion of the public hearing, the Council shall approve, conditionally approve, or deny the application with appropriate findings in compliance with subsection F, Required Findings.

If the Council proposes to adopt a substantial modification to the Development Agreement not previously considered by the Commission during its hearings, the proposed modification shall be first referred back to the Commission for its recommendation, in compliance with State law (California Government Code Section 65857). Failure of the Commission to report back to the Council within 40 days after the referral, or within a longer time set by the Council, shall be deemed a recommendation for approval of the proposed modification.

Notice of the Hearings. Notice of the hearings outlined in subsections A and B, shall be given in the form of a notice of intention to consider approval of a Development Agreement in compliance with State law (California Government Code Section 65867).

Adopting Ordinance. Should the Council approve or conditionally approve the application, it shall, as a part of the action of approval, direct the preparation of a Development Agreement embodying the conditions and terms of the application as approved or conditionally approved by it, as well as an ordinance authorizing execution of the Development Agreement by the Council, in compliance with State law (California Government Code Section 65867.5).

Required Findings. The ordinance shall contain the following findings and the facts supporting them. It is the responsibility of the applicant to establish the evidence in support of the required findings.

Referendum. The ordinance is subject to referendum in compliance with State law (California Government Code Section 65867.5).

Mandatory Contents. A Development Agreement entered into in compliance with this Section shall contain the mandatory provisions (e.g., conditions, requirements, restrictions, and terms) specified by State law (California Government Code Section 65865.2, Agreement Contents).

Permissive Contents. A Development Agreement entered into in compliance with this Section may contain the permissive provisions (e.g., conditions, requirements, restrictions, and terms) specified by State law (Government Code Section 65865.2, Agreement Contents), and any other terms determined to be appropriate and necessary by the Council, including provisions for the payment to the City of monetary consideration.

Effective Date. The City shall not execute any Development Agreement until on or after the date on which the ordinance approving the agreement becomes effective, and until it has been executed by the applicant.

Conditioning Approval. The provisions of this Section shall not be construed to prohibit the Director, Commission, or Council from conditioning an approval of a discretionary permit or entitlement on the execution of a Development Agreement where the condition is otherwise authorized by law.

Recordation. A Development Agreement shall be recorded with the County Recorder no later than 10 days after it is executed, in compliance with State law (California Government Code Section 65868.5).

Periodic Review. Every Development Agreement approved and executed in compliance with this Section shall be subject to periodic review by the Director during the full term of the agreement. Appropriate fees to cover the City's costs to conduct the periodic reviews shall be collected from the contracting party in compliance with Section 17.580.015, Application Filing, Processing and Review.

Purpose of Periodic Review. The purpose of the periodic review shall be to determine whether the contracting party or the successor-in-interest has complied in good faith with the terms and conditions of the Development Agreement. The burden of proof shall be on the applicant or contracting party or the successor to demonstrate compliance to the full satisfaction of, and in a manner prescribed by, the City.

Result of Periodic Review. If, as a result of a periodic review in compliance with this Section, the Director finds and determines, on the basis of substantial evidence, that the contracting party or the successor-in-interest has not complied in good faith with the terms or conditions of the agreement, the Director shall notify the Commission, which may recommend to the Council that the agreement be terminated or modified.

The procedures for the termination or modification hearing shall comply with Section 17.580.020, Public Hearings.

Rules, Regulations and Policies. Unless otherwise provided by the Development Agreement, the rules, regulations, and official policies governing allowed uses of the land, density, design, improvement, and construction standards and specifications, and Building Code provisions applicable to development of the property subject to a development agreement, are the rules, regulations, and official policies in force at the time of execution of the agreement.

State Law. In compliance with State law (California Government Code Section 65866), unless specifically provided for in the Development Agreement, the agreement does 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 under the Development Agreement. Further, a Development Agreement does not prevent the City from conditionally approving or denying any subsequent development project application on the basis of existing or new rules, regulations, and policies.

The request is made to modify an existing or approved residential structure and/or site.

The request is made in conjunction with an application to construct or modify one or more residential units and/or sites zoned for residential use.

Filing. An application for reasonable accommodations shall be completed, filed, and processed in compliance with Chapter 17.500, Applications, Processing and Fees. The application package shall include all information specified in the application, any applicable Division handout, and any additional information required by the Director in order to conduct a thorough review of the proposed project. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 17.585.020, Findings and Decision.

Notice, Hearings and Administrative Review. Notice, hearings, and administrative review regarding an application for reasonable accommodations shall be provided in compliance with Chapter 17.630, Public Hearings and Administrative Review, and as follows:

Findings. In considering an application for reasonable accommodations, the reviewing authority may approve the application, with or without conditions, only after making all of the following findings:

Decision. The Director shall record the decision in writing with the findings on which the decision is based. A permit application deemed approved shall be subject to all applicable provisions of this Title, which shall be satisfied by the applicant before a building permit is issued or in the case where a building permit is not required, prior to the establishment of the land use for which the reasonable accommodation was granted.

Expiration. Any reasonable accommodation approved in accordance with the terms of this code shall expire within 24 months from the effective date of approval or at an alternative time specified as a condition of approval unless:

Time Extension. The Director may approve a time extension for a reasonable accommodation for a period or periods not to exceed three years. An application for a time extension shall be made in writing to the Director no less 30 days or more than 90 days prior to the expiration date.

Violation of Terms. Any reasonable accommodation approved in accordance with the terms of this Title may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith.

Discontinuance. A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for 180 consecutive days. If the persons initially occupying a residence vacate, the reasonable accommodation shall remain in effect only if the Director determines that: (1) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the Code; or (2) the accommodation is to be used by another individual with a disability. The Director may request the applicant or his/her successor in interest to the property to provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within 10 days of the date of a request by the City shall constitute grounds for discontinuance by the City of a previously approved reasonable accommodation.

Revocation. Procedures for revocation shall be as prescribed by Chapter 17.660, Revocations and Modifications.