This section specifies the level of review for proposed multiple-family, commercial and industrial uses of land or structures that are listed as "permitted" uses within the district the proposed use is located. The process provides for increasing levels of review based on the size or intensity of a project. For specific construction standards and regulations within flood hazard zones, see Title 6, Chapter 9, Article 9, Flood Damage Prevention, for additional information.

(a)

Level of review. To determine the applicable review process, a proposed project shall be compared to the following matrix. When Planning Commission (Section 8-5.7001(c)) or City Council (Section 8-5.7001(d)) development plan (also known as development permit) review is required by this article, and a use permit is also required, then the use permit review process shall be used in lieu of the development plan process. Notwithstanding, in the alternative City Council use permit review process (Section 8-5.7003(f)) and development plan review process (Section 8-5.7001(e)) may be used in the sole discretion of the City Council for qualifying use permit reviews and development plans, respectively.

(1)

Expansion of facilities have the same level of review as a new project (considering expansion area only) provided it has been two years or more between original completion and beginning of the next expansion. Otherwise the total square footage is figured as cumulatively.

(2)

May be subject to an alternative review process by the City Council per Section 8-5-7001(e).

(b)

Ministerial development plan review.

(1)

Those projects determined to be ministerial shall be reviewed and decided upon by the Planning Director. No public hearing is required for this level of review.

(2)

Following receipt of a complete application and review of the application, the Planning Director shall do one of the following:

(i)

Approve the application if it is determined that the proposal will comply with all applicable requirements of this chapter and other City standards. Applications for all residential uses are required to satisfy at least one of the findings found in Title 6, Chapter 9, Article 6 of the Municipal Code. The term to begin and complete construction for an approved development plan shall be the same as the building permit.

(ii)

Deny the application if it is determined that the proposal will not comply with all applicable standards of this chapter and all other City standards.

(iii)

Request further information as needed in order to make the determination to approve or deny the application.

(3)

Appeals. The decision of the Planning Director may be appealed to the Planning Commission (Section 8-5.7104(a)). Upon request of the appealing party, the City Council may waive any fee required for an appeal to the City Council, in whole or in part, to the appealing party.

(c)

Planning Commission development plan review. This provides a review process for medium to large expansions or new projects that for which the anticipated uses are permitted by the district in which the proposal is located. Because of the scale of the proposal the Planning Commission's review is needed to assure that the project will be compatible with existing or expected neighboring improvements and that adequate public facilities are available to serve the project.

(1)

Process. Following acceptance of a complete development plan application, the proposal shall be distributed by the Planning Department to other City departments and other relevant public agencies for review and comment. The City Council shall also be provided with a general description of the proposed project and location. Following review by City staff and recommendation by the Planning Department, the Planning Commission shall conduct a public hearing on the proposal. Procedures contained in Article 71 of this chapter are applicable to the Planning Commission development plan review unless the alternative City Council development plan review process is required per Section 8-5.7001(e).

(2)

Notice and hearing. Notice of a public hearing shall be given pursuant to Government Code §§ 65090 through 65095.

(3)

Determination. Following the close of the public hearing the Planning Commission shall approve, approve with conditions or deny the application within 30 days of the close of the hearing.

(4)

Findings for approval. Approval or approval with conditions shall be granted when the following findings can be made, based on information in the record:

(i)

The site for the proposed use is adequate in size and shape to accommodate said use, public access, parking and loading, yards, landscaping and other features required by this chapter.

(ii)

The streets serving the site are adequate to carry the quantity of traffic generated by the proposed use.

(iii)

The site design, design of the buildings and the scale of the project will complement neighboring facilities.

(iv)

The application satisfies at least one of the findings found in Title 6, Chapter 9, Article 6 of the Municipal Code.

(5)

Appeals. The decision of the Planning Commission may be appealed to the City Council (Section 8-5.7104(b)).

(d)

City Council development plan review. The City Council development plan review process shall be the same as established for the Planning Commission development plan review except that the Planning Commission, following a public hearing, shall make an advisory recommendation to the City Council. Following the Commission's recommendation, the Council shall conduct a public hearing. The development plan shall be decided based on the same findings as required of the Planning Commission. Procedures contained in Article 71 of this chapter are applicable to City Council development plan review.

(e)

Alternative City Council development plan review process. Notwithstanding any other provision of this section, the City Council may review a development plan pursuant to an alternative City Council development plan review process. That process shall follow the same process as the City Council use permit review process in Section 8-5.7003(m), except that it shall only apply to development plan reviews that would otherwise be subject to 8-5.7001(c) (Planning Commission development plan review) and (d) City Council development plan review, and if the alternative City Council development plan review process is no approved by a majority of the City Council, or if not decision is rendered by the City Council within 20 days of the first meeting, then it shall not be used and an applicable level of review as set forth in 8-5.7001(c) and (d) shall be applied instead.

(f)

Review authorized by condition of approval. If a previously approved development plan or other entitlement granted by the City has a condition of approval requiring proposed modifications to, or review of, said entitlement to be submitted to City Council for approval consideration, then the alternative City Council development plan review process shall be used for said entitlement. No approval by the majority of the City Council shall be required in such circumstances.

(§ 8-5.7001, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 07-95, eff. August 31, 1995; § 1, Ord. 10-96, eff. December 19, 1996)

(Ord. No. 009-16, § 2(Att. A, § 4), 9-20-2016; Ord. No. 007-20, § 3, 3-17-2020; Ord. No. 008-21, § 3, 10-19-2021)

When required by the district in which the use of land or a structure is located, a zoning clearance is required prior to commencing with either construction or use. The Planning Director is responsible for reviewing and determining whether the proposal meets all required standards for any of the uses for which zoning clearances are required by this chapter. Projects that meet all City requirements shall be approved. No public hearing is required for issuance of a zoning clearance.

(a)

Action by the Director. Following receipt of a complete application and review of the application, the Planning Director shall do one of the following:

(1)

Approve the application if it is determined that the proposal will comply with all applicable requirements of this chapter and other City standards. If conditions warrant, the Planning Director may apply a reasonable term to the permit.

(2)

Deny the application if it is determined that the proposal will not comply with all applicable standards of this chapter and all other City standards.

(3)

Request further information as needed in order to make the determination to approve or deny the application.

(b)

Appeals. The decision of the Planning Director may be appealed to the Planning Commission (Section 8-5.7104(a)).

(§ 8-5.7002, Ord. 010-94, eff. January 5, 1995)

Uses requiring a use permit are those for which their effect on surrounding uses and the environment typically cannot be determined in advance of being proposed for a particular location. This process provides for the review of the location, configuration, design and impacts of the proposed use.

(a)

Process. Following acceptance of a complete use permit application, the proposal shall be distributed by the Planning Department to other City departments and other relevant public agencies for review and comment. The City Council shall also be provided with a general description of the proposed use and location. Following review by City staff and recommendation by the Planning Department, the Planning Commission shall conduct a public hearing on the proposal unless the alternative City Council use permit review process is required per Section 8-5.7003(f).

(b)

Notice and hearing. Notice of a public hearing shall be given pursuant to Government Code §§ 65090 through 65095.

(c)

Determination. Following the close of the public hearing the Planning Commission shall approve, approve with conditions or deny the use permit application within 30 days of the close of the hearing.

(d)

Findings for approval. Approval or approval with conditions shall only be granted when the following findings can be made, based on information in the record:

(1)

The proposal is consistent with the General Plan.

(2)

The site for the proposed use is adequate in size and shape to accommodate said use, public access, parking and loading, yards, landscaping and other features required by this chapter.

(3)

The streets serving the site are adequate to carry the quantity of traffic generated by the proposed use.

(4)

The site design and the size and design of the buildings will complement neighboring facilities.

(5)

The establishment or operation of the use or building applied for will not be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the vicinity of the proposed use or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.

(6)

At least one of the findings in Title 6, Chapter 9, Article 6 of the Municipal Code is satisfied.

(e)

Appeals. The decision of the Planning Commission may be appealed to the City Council (Section 8-5.7104(b)). Upon request of the appealing party, the City Council may waive any fee required for an appeal to the City Council, in whole or in part, to the appealing party.

(f)

Alternative City Council use permit review process. Notwithstanding any other provision of this section, the City Council may review a use permit pursuant to an alternative City Council use permit review process as follows:

(1)

Once a use permit application is final, and prior to commencing any other level of review process, the Planning Director will provide a general description of the proposed use and location to the City Council.

(2)

Within seven calendar days thereafter, any member of the City Council may direct the City Manager to add an item on the agenda, at the next reasonably available meeting of the City Council, for consideration whether to use the alternative City Council use permit review process. If no request is made within seven calendar days, the Planning Director shall proceed with the level of review otherwise set forth in Section 8-5.7003(a))

(3)

No less than seven calendar days prior to the matter being considered by the City Council, the Planning Director shall give notice to the applicant that the City Council will be considering whether to proceed with the alternative review process. Notice shall include the date, time and place of the City Council meeting, a general explanation of the matter to be considered, and a general description of the location of the property for which the use permit is proposed. Notice of the meeting shall also be mailed, emailed or otherwise provided at least seven days prior to the meeting to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is subject to the meeting. In the alternative, if the nature of the use is such that more than 250 parcels of real property would be within 300 feet of the proposed use, then notice may be published in a newspaper of general circulation. The failure of any person or entity to receive notice given pursuant to this subsection shall not constitute grounds for invalidating any action for which the notice was given.

(4)

At the next reasonably available meeting of the City Council, the City Council may consider whether to proceed with the alternative City Council use permit review process. Factors for proceeding with the alternative review process can include likelihood of an appeal to the City Council if another review process is used, the public interest in expediting the review process, and other items related to public health, safety and welfare. The City Council may not consider the merits of, or whether to approve or deny, the use permit, but shall have sole discretion whether to utilize the alternative review process for the use permit.

(5)

The alternative City Council use permit review process may not be used unless approved by a majority of the City Council. If so approved, the City Council use permit review process shall be the same as established for the Planning Commission use permit review. No advisory recommendation from the Planning Commission is required, but may be requested by the City Council. If so requested, the Planning Commission, following a public hearing, shall make an advisory recommendation to the City Council within 40 days of first hearing the matter. Following the Planning Commission's recommendation, or if none is requested, the Council shall conduct a public hearing. The use permit shall be decided based on the same findings as subsection (d) of this section.

(6)

The decision of the City Council shall be final; there is no right of appeal.

(7)

If the alternative City Council use permit review process is not approved by a majority of the City Council, or if no decision is rendered by the City Council within 20 days of the first meeting, then it shall not be used and an applicable level of review as set forth in subsection (a) shall be instead applied

(§ 8-5.7003, Ord. 010-94, eff. January 5, 1995)

(Ord. No. 009-16, § 2(Att. A, § 4), 9-20-2016; Ord. No. 007-20, § 4, 3-17-2020; Ord. No. 008-21, § 4, 10-19-2021)

Variances are utilized to provide relief from the strict application of the provisions of this chapter where special circumstances pertaining to physical characteristics of the site are such that the strict application of the standards in this chapter deprives a property of the privileges enjoyed by other properties in the vicinity and under the same zone district. Variances cannot be used to modify the types of permitted uses in a district.

(a)

Application. Applications for variances shall be accompanied by a statement with supporting and other evidence showing that, due to special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of the provisions of this chapter deprives the property owner of privileges that are enjoyed by other properties in the vicinity with the same zoning classification.

(b)

Process. Following acceptance of a complete variance application, the proposal shall be distributed by the Planning Department to other City departments and other relevant public agencies for review and comment. Following review by City staff and recommendation by the Planning Department, the Planning Commission shall conduct a public hearing on the proposal.

(c)

Notice and hearing. Notice of a public hearing shall be given pursuant to Government Code §§ 65090 through 65095.

(d)

Determination. Following the close of the public hearing, the Planning Commission shall approve, approve with conditions or deny the variance request within 30 days of the close of the hearing.

(e)

Findings for approval. Approval or approval with conditions shall only be granted when the following findings can be made based on information in the record:

(1)

There are special circumstances applicable to the size, shape, topography, location or surroundings of the property, and because of these circumstances, the strict application of the provisions of this chapter would deprive the property of privileges enjoyed by other properties in the vicinity and in the same zone district.

(2)

Approval of the variance will not be a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and in the same zone district.

(3)

The variance does not authorize a use not otherwise permitted by the zone district in which the property is located.

(4)

Approval of the variance will not be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the neighborhood of such use or be detrimental or injurious to property or improvements in the neighborhood or to the general welfare of the City.

(f)

Appeals. The decision of the Planning Commission may be appealed to the City Council (Section 8-5.7104(b)).

(§ 8-5.7004, Ord. 010-94, eff. January 5, 1995)

The Planning Director shall have the authority to accept the withdrawal of any application submitted for consideration pursuant to the provisions of this chapter. The refund of any portion of the application fees shall be based on staff time spent during the review process prior to the date of the requested withdrawal.

(§ 1, Ord. 07-95, eff. August 31, 1995)