Chapter 17.52 — ASSIGNMENT OF DUTIES

The city clerk shall set hearings and give notices for appeals to be heard by the city council. (Ord. 495 § 1, 2005)

The city engineer/public works director shall:

• A. Prescribe standards for driveway construction.

• B. Prescribe standards for surfacing and draining of parking lots.

• C. Determine correct traffic flow markings for parking lots. (Ord. 495 § 1, 2005)

The building official shall:

• A. Determine estimated cost to replace nonconforming buildings.

• B. Determine the value of destroyed nonconforming buildings.

• C. Determine applications for exception from enclosure requirements for swimming pools.

• D. Enforce all regulations regarding enclosure of swimming pools.

• E. Determine when a structure poses an imminent safety hazard. (Ord. 495 § 1, 2005)

The police chief shall issue permits for signs in conjunction with issuance of special events permits. (Ord. 495 § 1, 2005)

The city manager shall hold administrative hearings or designate a hearing officer for such hearings as provided by this title.

(Ord. 495 § 1, 2005)

The planning commission shall:

• A. Initiate general plan amendments and specific plans.

• B. Hear and make recommendations on all proposals for adoption and amendment of the general plan.

• C. Hear and make recommendations on all proposals for adoption and amendment of specific plans.

• D. Initiate zone changes and amendments to this title, including those referred by the city council.

• E. Hear and recommend proposals for zone changes and prezonings.

• F. Determine whether to hear applications for rezoning made within one year of a similar application.

• G. Determine variance applications.

• H. Determine conditional use permit applications.

• I. Determine applications for site and architecture approval except those items listed in EMC § 17.52.080 .

• J. Determine time extension when it would have had the power to grant the original approval.

• K. Determine matters referred to it by the city planner.

• L. Hears appeals from decisions of the city planner.

• M. Determine when permitted deviations from the standards of this title shall apply.

• N. Perform any functions required by statute or ordinance but not specifically assigned by this chapter.

• O. Determine whether a nonconforming use is no longer lawful.

• P. Determine and issues zoning approval for minor subdivisions of land consisting of four lots or less.

• Q. Determine whether enhanced signage is appropriate for properties with unique characteristics as illustrated in EMC § 17.42.060(E) .

• R. Determine modifications to the number of parking spaces required in a specific project when such modification can be permitted under this title.

• S. Determine when alternating use of parking spaces can be permitted.

• T. Determine whether a specific plan for development is required for parcels less than five acres in size.

• U. Determine modification to the number of parking spaces required in a specific development project where provided for by this title.

• V. Determine alternative use of parking spaces.

W. Be the deciding body for approval of accessory buildings with area greater than 450 square feet. (Ord. 495 § 1, 2005)

The city council shall:

• A. Initiate and refer general plan amendments and specific plans or amendments proposed by the council to the planning commission for recommendation.

• B. Hear and determine planning commission recommendations for the adoption or amendment of the general plan or any specific plans.

• C. Adopt ordinances.

• D. Refer substantive changes and amendments of this title to the planning commission for their recommendation.

• E. Hear appeals from the decisions of the planning commission.

• F. Determine applications for permits for signs on public property, including but not limited to community-oriented bulletin boards and kiosks.

• (Ord. 495 § 1, 2005)

The city planner shall:

• A. Prescribe all forms and contents of applications.

• B. Keep all records of the planning commission, city planner and planning department work, except records transmitted to the city council and retained by the city clerk.

• C. Investigate applications.

• D. Give all notices except notices of proceedings of the city council.

• E. Prepare planning commission agendas, set planning commission hearing dates (subject to the requirements of this chapter) and establish filing deadlines.

• F. Issue permits for site and architecture approval and home occupations as provided for by this title.

• G. Determine revocations or modifications of site plan approvals, and home occupation permits.

• H. Refer any matter assigned by ordinance to the planning commission for decision.

• I. Determine applications for sign approval when action is not required of the council or planning commission.

• J. Determine applications for site and architecture approval where such application is for any of the following:

  1. Expansion of a building of less than 25 percent of floor area.

  2. Minor exterior alterations of a nonresidential building that utilize exterior materials consistent with that existing.

  3. Where there will be no material change in the use or character of a building or site.

• K. Determine where action is based on an application or notice of appeal, prepare a written notification of all determinations, except determinations by the council, and send the notifications to all applicants and appellants.

• L. Prepare and send notifications required by statute to the county assessor.

• M. Notify applicants of hearings.

• N. Correct the zoning map.

• O. Determine parking requirements for uses whose parking requirements are not specified.

• P. Determine whether an intensification of land use has occurred.

• Q. Assist in the writing of ordinances.

• R. Determine whether lots have merged.

• S. Prepare written staff reports on project applications or other matters as required by this chapter or as directed by the city manager.

• T. Make presentations to the planning commission, city council and other groups as required.

• U. Determine the reduction of driveway widths for a portion of a driveway.

• V. Be the deciding body for the design of manufactured housing units.

• W. Review applications for construction permits for ordinance compliance.

• X. Determine whether a specific plan for development is required for parcels less than five acres in size.

• Y. Determine when front yard fences for existing residential uses in a nonresidential zone can be built as high as six feet.

• (Ord. 495 § 1, 2005)

Chapter 17.53. REASONABLE ACCOMMODATION FOR PERSONS WITH DISABILITIES

A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of a zoning law, building regulation, or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. The process for addressing reasonable accommodation requests established by this chapter applies to requests from persons defined as disabled under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts).

A request for reasonable accommodation may include a modification or exception to the permit requirements, standards, and practices for the siting, development, improvement, 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. Requests for reasonable accommodation shall be made in the manner prescribed by this chapter. (Ord. 557 § 1 (Att. A), 2016)

• A. Requests for reasonable accommodation shall include the following information:

  1. The applicant's name, address, and telephone number.

  2. Address of the property for which the request is being made.

  3. The current actual use of the property.

  4. The basis for the claim that the individual is considered disabled under the Acts.

  5. The municipal code provision, land use code provision, or other regulation or policy from which reasonable accommodation is being requested.

  6. A description of why the reasonable accommodation is necessary to make the specific property accessible to the individual.

• B. Additional Information. If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with the Acts, specifying in detail the information that is required. In the event that a request for additional information is made, the 30-day period to issue a decision is stayed until the applicant responds to the request.

• (Ord. 557 § 1 (Att. A), 2016)

• A. Development Services Manager. Requests for reasonable accommodation shall be reviewed by the development services manager (manager), or his or her designee if no approval is sought other than the request for reasonable accommodation.

• B. Other Review Authority. Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application.

(Ord. 557 § 1 (Att. A), 2016)

• A. Manager Review. The manager, or his or her designee, shall make a written determination within 30 calendar days and either grant, grant with modifications, or deny a request for reasonable accommodation.

• B. Other Reviewing Authority. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the authority responsible for reviewing the discretionary land use application in compliance with the applicable review procedure for the discretionary review.

• (Ord. 557 § 1 (Att. A), 2016)

• A. Findings and Decision. The written decision to grant or deny a request for reasonable accommodation shall be consistent with the Acts and shall be based on consideration of the following factors:

  1. Whether the housing, which is the subject of the request, will be used by an individual with a disability protected under the Acts.

  2. Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.

  3. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city.

  4. Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning.

  5. Potential impact on surrounding uses.

  6. Physical attributes of the property and structures.

  7. Alternative reasonable accommodations which may provide an equivalent level of benefit.

• B. Conditions of Approval. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the above findings.

• (Ord. 557 § 1 (Att. A), 2016)