Chapter 18.80 — General Provisions

Sections:

18.80.010 – Purpose and Intent 18.80.020 – Discretionary Permits and Actions 18.80.030 – Additional Permits May Be Required 18.80.040 – Burden of Proof and Precedence

This Article identifies and describes the discretionary permits and other approvals required by the Development Code and establishes the overall application and review structure.

• A. Administrative Permits and Actions. Permits and actions are generally limited to interpretation of policy or relatively minor adjustments of Development Code standards.

  1. Administrative Use Permits. An administrative permit authorizing the operation of a specific use of land or a structure in a particular location.

  2. Development Code Interpretations. An administrative interpretation of provisions of the Development Code in an effort to resolve ambiguity in the regulations and to ensure their consistent application.

  3. Minor Variances. An administrative action granting exception to certain development standards in cases where strict compliance would result in a unique hardship.

  4. Reasonable Accommodations. An administrative permit authorizing limited modifications to residential properties to accommodate a person with specified disabilities and physical limitations in compliance with specific criteria and performance standards.

  5. Sign-Related Permits.

     • a. Sign Permits. An administrative permit authorizing a variety of signs, including individual signs for promotional advertising in compliance with specific provisions and conditions. Temporary signs may also be approved in conjunction with a Temporary Use Permit.

     • b. Comprehensive Sign Programs. A process through which permissible on-site signage is reviewed to provide for a coordinated, complementary program of signage within a single development project consisting of multiple tenant spaces, or a district.

  6. Site Plan and Design Review. An administrative review process providing for review of projects for compliance with the provisions of the Development Code and with any site plan or architectural design guidelines adopted by the City.

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7. Temporary Use Permits. An administrative permit authorizing specific limited term uses in compliance with specified conditions and performance criteria.

8. Zoning Clearances. An administrative plan check process of nonexempt uses and structures which do not otherwise require review to determine compliance with applicable provisions of the Development Code.

• B. Quasi-Judicial Permits and Actions. Permits and actions which authorize a development activity after a public hearing and which require a written notice of decision reflecting the facts and standards on which the decision is based.

  1. Conditional Use Permits. A permit authorizing the operation of a specific use of land or a structure in a particular location.

2. Planned Development Permits. A permit authorizing the development of land that may not conform with the applicable zone-driven standards or related regulations, but which complies with the goals and policies of the General Plan and any applicable specific plan for a particular area. A Planned Development Permit may also allow for exceptions to development standards, but only when provisions for enhanced amenities can be demonstrated and the project site is at least one acre in size.

   3. Variances. An action granting exception to the development standards in cases where strict compliance would result in a unique hardship and strict state-mandated findings can be made.

   4. Density Bonus for Affordable Housing . An action authorizing a residential density bonus .

• C. Legislative Actions. Actions adopting or amending comprehensive plans or land use planning documents or zoning ordinances.

  1. Development Agreements and Amendments. An agreement between the City and a party with legal or equitable interest in the real property relating to the development of the property.

  2. Development Code Text/Zoning Map Amendments. An action authorizing either a text amendment to the Development Code or a map amendment changing the zoning designation of particular property.

  3. General Plan Text/Map Amendments. An action authorizing either a text amendment to the General Plan or a map amendment changing the General Plan land use designation of particular property.

D. Subdivision Maps and Other Approvals.

1. Subdivision of Land. Regulations governing the subdivision of land are set forth in Article 5.

2. Buildings and Construction. Provisions for construction and building are set forth in Municipal Code Title 15.

E. Housing Development Projects, Housing for Low, Very Low and Moderate Income Households, and Emergency Shelters

1. Density . If a proposed housing development project complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review

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standards, in effect at the time the application is determined to be complete, but the City proposes to disapprove the project or to impose a condition that the project be developed at a lower density, the City shall base its decision regarding the proposed housing development project upon written findings supported by a preponderance of the evidence on the record that both of the following conditions exist:

• a. The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

nless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

• b. There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified, other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density.

2. Inconsistency or Noncompliance . If the proposed housing development project is deemed to be inconsistent, not in compliance, or not in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision, the City shall provide the applicant with written documentation identifying the provision or provisions, and an explanation of the reason or reasons it considers the housing development to be inconsistent, not in compliance, or not in conformity as follows:

   • a. 150 or fewer housing units: within 30 days of the date that the application for the housing development project is determined to be complete.

   • b. More than 150 units: within 60 days of the date that the application for the housing development project is determined to be complete.

3. Failure to provide documentation . The housing development project shall be deemed consistent, compliant, and in conformity with the applicable plan, program, policy, ordinance, standard, requirement, or other similar provision for failure to provide the required documentation.

4. Impact of density bonus . Receipt of a density bonus pursuant to Government Code section 65915 shall not constitute a valid basis on which to find a proposed housing development project is inconsistent, not in compliance, or not in conformity, with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision.

5. Additional Findings Required . In addition to the findings required by the type of approval or permit applied for under Article 5 or Article 7, in order to condition an approval in a manner that would make the project infeasible or to deny or disapprove a development for a housing development project, housing for low, very low or moderate income households or an emergency shelter, a written finding based upon a preponderance of evidence in the record of at least one of the following criteria must be made:

   • a. The adopted housing element is in substantial compliance with requirements of the Government Code, and the City has met or exceeded its share of the regional housing need allocation for the planning period for the income category proposed for the housing development project or the need for emergency shelter.

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• b. The development project or emergency shelter as proposed would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households or rendering the development of the emergency shelter financially infeasible. Inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety.

• c. The denial of the project or imposition of conditions is required in order to comply with specific state or federal law, and there is no feasible method to comply without rendering the development unaffordable to low- and moderate-income households or rendering the development of the emergency shelter financially infeasible.

• d. The development project or emergency shelter is proposed on land zoned for agriculture or resource preservation that is surrounded on at least two sides by land being used for agricultural or resource preservation purposes, or which does not have adequate water or wastewater facilities to serve the project.

• e. The development project or emergency shelter is inconsistent with both the zoning ordinance and general plan land use designation as specified in any element of the general plan.

A land use on property that complies with the permit requirement or exemption provisions of the Development Code shall also comply with the permit requirements of other Municipal Code provisions and any permit requirements of other agencies before construction or use of the property is commenced. All necessary permits shall be obtained before starting work or establishing a new use. Nothing in the Development Code shall eliminate the need to obtain any permits required by:

• A. Any other Municipal Code provisions, including building, grading, or other construction permits; a business license in compliance with Municipal Code Chapter 5.04, if required; or subdivision approval if required; or

• B. Any applicable county, district, regional, state, or federal regulations.

• A. Burden of Proof. The burden of proof to establish the evidence in support of the required finding(s) for any permit or approval is the responsibility of the applicant.

B. Precedence.

1. Each permit shall be evaluated on a case-by-case basis.

2. The granting of a prior permit either on the subject property or any other property within the City does not create a precedent and is not justification for the granting of a new permit.

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