Sec. 27.301. - Enforcement procedure.

Any building or structure erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this zoning ordinance, and any use of land, buildings, or premises established, conducted, operated or maintained contrary to the provisions of this zoning ordinance shall be and the same is hereby declared to be unlawful; and the city attorney at the request of the planning director shall commence appropriate legal action or proceedings for the abatement, removal or the enjoining thereof, in the manner prescribed by law.

(Ord. No. 2008-04 § 1.)

Sec. 27.302. - Investigation or inspection of property.

Every member of the planning commission and their authorized representatives may enter any premises, building, or structure at any reasonable hour for investigation or inspection as to whether or not any portion of such premises, building, or structure, is being used in violation of this zoning ordinance. Denial, prevention, obstruction, or attempts to deny, prevent, or obstruct such access is a misdemeanor.

(Ord. No. 2008-04 § 1.)

Sec. 27.303. - Penalty for violation of this ordinance.

Violation of any provision of this zoning ordinance, or of any approval, conditional use permit, or variance granted hereunder is a misdemeanor. Conviction for such misdemeanor shall be punishable by a fine not to exceed five hundred dollars, or by imprisonment for not to exceed six months, or by both such fine and imprisonment or alternative sentence. Each separate day or any portion thereof during which any violation of this zoning ordinance occurs or continues constitutes a separate offense and upon conviction thereof shall be punishable as herein provided.

(Ord. No. 2008-04 § 1.)

Secs. 27.304—27.309. - Reserved. Article XXI. - Density Bonus Program.[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Ord. No. 2021-08, § 3, adopted Nov. 2, 2021, repealed the former Art. XXI, §§ 27.310—27.314, and enacted a new Art. XXI as set out herein. The former Art. XXI pertained to similar subject matter and derived from Ord. No. 2008-04 § 1.

Sec. 27.310. - Density bonus application.

In addition to any other review required for a proposed housing development, applications for a density bonus shall be filed with the planning director on a form approved by the director. The application shall be filed concurrently with an application for a site plan review or administrative approval.

The applicant shall submit reasonable documentation to establish eligibility for a requested density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratios.

(Ord. No. 2021-08, § 3.)

Sec. 27.311. - Determination of application completeness.

Application Completeness. The formal processing of an application shall begin on the date the application is deemed complete. The statutory period of thirty days established by state law for determining completeness (California Government Code Section 65943 [Permit Streamlining Act]), shall begin the day the application is accepted by the Planning Director.

Initial Determination. Within thirty days of application acceptance, the planning director shall determine whether the application is complete. The director shall notify the applicant in writing that one of the determinations has been made:

Complete Application. All submittal requirements have been satisfied and the application has been deemed complete.

Incomplete Application. Specific information is still necessary to complete the application. The letter may also identify preliminary information regarding the areas in which the submitted application is not in compliance with city development standards and application requirements.

Determination on Resubmittal. Within thirty days of acceptance of information submitted in response to a determination of incomplete application, the planning director shall determine whether the application is complete. The planning director

shall notify the applicant in writing that one of the determinations has been made:

Complete Application. All submittal requirements have been satisfied and the application has been deemed complete.

Incomplete Application. Specific information is still necessary to complete the application. The letter shall specify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application.

Right to Appeal. The applicant may appeal the determination in accordance with the California Government Code Section 65493 (Permit Streamlining Act). A final written determination on the appeal shall be rendered not later than sixty days after receipt of the applicant's written appeal.

(Ord. No. 2021-08, § 3.)

Sec. 27.312. - Processing of density bonus application.

City staff shall process the density bonus application in the same manner as, and concurrently with, the application for a site plan review or administrative approval that is required by this zoning ordinance.

(Ord. No. 2021-08, § 3.)

Sec. 27.313. - Granting of a density bonus.

For a housing development qualifying pursuant to the requirements of Government Code Section 65915, the city shall grant a density bonus in an amount specified by Government Code Section 65915. Except as otherwise required by Government Code Section 65915, the density bonus units shall not be included when calculating the total number of housing units that qualifies the housing development for a density bonus.

(Ord. No. 2021-08, § 3.)

Sec. 27.314. - Maximum allowable residential density.

For the purpose of calculating the density bonus, the "maximum allowable residential density" shall be the maximum density allowed under the zoning ordinance and land use element of the general plan, or, if a range of density is permitted, the maximum allowable density for the specific zoning range and land use element of the general plan applicable to the project. Where the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, the maximum density allowed in the general plan shall prevail.

ement of the general plan, or, if a range of density is permitted, the maximum allowable density for the specific zoning range and land use element of the general plan applicable to the project. Where the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, the maximum density allowed in the general plan shall prevail.

(Ord. No. 2021-08, § 3.)

Sec. 27.315. - Granting of incentives and concessions.

The city shall grant the applicant the number of incentives and concessions required by Government Code Section 65915. The city shall grant the specific concession(s) or incentive(s) requested by the applicant, unless it makes any of the relevant written findings stated in Government Code Section 65915(d). Senior citizen housing developments that qualify for a density bonus shall not receive any incentives or concessions, unless Government Code Section 65915 is amended to specifically require that local agencies grant incentives or concessions for senior citizen housing developments.

(Ord. No. 2021-08, § 3.)

Sec. 27.316. - Approval of waivers or reductions in development standards.

Except as restricted by Government Code Section 65915, the applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant. A request for a waiver or reduction of development standards shall be accompanied by documentation demonstrating that the waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the

density bonus and incorporating any incentives or concessions required to be granted. The city shall approve a waiver or reduction of a development standard, unless it finds that:

1.

The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant;

2.

The waiver or reduction of the development standard would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;

3.

The waiver or reduction of the development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or

4.

The waiver or reduction of the development standard would be contrary to state or federal law.

(Ord. No. 2021-08, § 3.)

Sec. 27.317. - Granting of a reduction in parking standards.

The applicant may request, and the city shall grant, a reduction in parking requirements in accordance with Government Code Section 65915(p), as that section may be amended from time to time.

(Ord. No. 2021-08, § 3.)

Sec. 27.318. - Agreement to ensure continued affordability.

The applicant shall enter into an agreement with the city to ensure the continued affordability of all affordable units or the continued reservation of such units for qualifying senior citizens. Prior to receiving a building permit for any project that receives a density bonus or any incentive, concession, waiver, or reduction of development standards pursuant to this section, such agreement shall be recorded as a covenant against the property.

(Ord. No. 2021-08, § 3.)