Ione Municipal Code § 17.10.050 Architectural design review for historic overlay district

The purpose of this chapter is to establish the procedures for administering all planning and zoning-related permits and entitlements required and regulated by the city in accordance with this title.

Each permit type is described in this chapter in terms of purpose and applicability and unique processing provisions. See Chapter 17.08 (Application processing procedures) for general application submittal, review, noticing/hearing, decision-making authorities, and appeal provisions. The permit process for review, decision, and appeal of signs is listed in Chapter 17.42 (Signs). Exemptions to permit requirements are listed throughout this title. Provisions for tentative maps, parcel maps, and final maps are listed in Title 16.

(Ord. No. 528, 2-15-2022)

A. Purpose and applicability. The purpose of the plan check is to ensure that all new and modified uses and structures comply with applicable provisions of this title, using simple administrative plan check procedures. Plan check is required for the following actions:

1. All structures that require a building permit;

2. All planning entitlement applications to ensure compliance with applicable conditions of approval; and

3. For other city applications, including tree removal, business license, encroachment, and grading and improvement plans.

B. Process. No separate application form is necessary for plan check. This process will be conducted by the city planner as part of the building permit entitlement or other city application review. Plan check clearance shall be granted only when the city planner finds the proposal to be in conformance with all applicable provisions of this title. The city planner may modify plans in whole or in part, apply conditions of approval, or require guarantees to ensure compliance with applicable provisions of this title. Any permit or application listed in Subsection A. shall not be issued without approval of plan check.

(Ord. No. 528, 2-15-2022)

A. Purpose and intent. The purpose of site plan review is to provide a process for promoting the orderly and harmonious growth of the city; to encourage development in keeping with the desired character of the city; and to ensure physical and functional compatibility between uses. This site plan review permit established by this chapter is intended to provide a process for consideration of development proposals to ensure that the design and layout of commercial, retail, industrial or institutional uses or multifamily residential development will constitute suitable development and will not result in a detriment to the city or to the environment. There are two types of site plan review:

1. Administrative Site Plan Review - SP(a). An administrative site plan review is a ministerial, non-discretionary review by the decision-making authority of a project application to determine compliance with the provisions of this Code and the Ione General Plan.

2. Discretionary Site Plan Review - SP(d). A discretionary site plan review is a discretionary review by the decision-making authority of a project application to determine compliance with the provisions of this Code and the Ione General Plan.

B. Applicability.

1. A discretionary site plan review permit is required for the following items:

a. Multifamily residential development;

b. Single family residential homes, except those addressed under paragraph 2 (Administrative Site Plan Review) or Subsection C (Exemptions);

c. Non-residential development (e.g., commercial, office, industrial, public/quasi-public);

d. Additions to the above projects where 500 or more gross square feet is being added to existing structures;

e. Fences and walls not otherwise exempt under Section 17.36.020 (Permit requirements and exemptions); and

f. Any item not listed in paragraph 2 or Subsection C., for which the city planner determines that a site plan review permit is required.

2. An administrative site plan review permit is required for the following items:

a. A project of up to two single family homes;

b. One duplex (projects proposing more than one duplex or other residential dwelling types in addition to one duplex require a discretionary site plan review);

c. One triplex (projects proposing more than one triplex or other residential dwelling types in addition to one triplex require a discretionary site plan review);

d. One fourplex (projects proposing more than one fourplex or other residential dwelling types in addition to one fourplex require a discretionary site plan review);

e. Additions to single family residential homes greater than 150 square feet and less than 500 square feet in size;

f. Additions to non-residential structures greater than 150 square feet and less than 500 square feet in size;

g. Accessory structures 500 square feet or larger; and

h. Uses identified as requiring an administrative site plan review in Tables 17.22.030-1 and 17.24-030-1.

C. Exemptions. The following structures and activities are exempt from site plan review. However, such structures may require additional permits and plan check, such as a ministerial building permit, to ensure compliance with adopted building code standards and applicable zoning code provisions.

1. Single family homes that are within an approved subdivision that has received site plan review approval;

2. Additions to single family residential homes less than 150 square feet in size;

3. Additions to non-residential structures less than 150 square feet in size;

4. Accessory structures less than 500 square feet;

5. Installation of signs;

6. Repairs and maintenance to the site or structure that do not add to, enlarge, or expand the area occupied by the structure, or the gross floor area of the structure.

7. Interior alterations that do not increase the gross floor area within the structure, or change/expand the permitted use of the structure (e.g., tenant improvements); and

8. Construction, alteration, or maintenance by a public utility or public agency of underground or overhead utilities intended to service existing or nearby approved developments (e.g., water, gas, electric or telecommunication supply or disposal systems, including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, and similar facilities and equipment).

9. Projects subject to a streamlined ministerial process under Section 17.10.040.

D. Timing. Site plan review approval is required prior to issuance of any ministerial building permits or site improvement plans and prior to or in conjunction with discretionary action for corresponding development applications.

E. Considerations. In conducting a site plan review, the decision-making authority shall consider the following:

1. Considerations relating to site layout, the orientation and location of building, signs, other structures, open spaces, landscaping and other development features in relation to the physical characteristics, zoning, and land use of the site and surrounding properties;

2. Considerations relating to traffic, safety, and traffic congestion, including the effect of the development plan on traffic conditions on abutting streets, the layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exits, driveways, and walkways, the adequacy of off-street parking facilities to prevent traffic congestion, and the circulation patterns within the boundaries of the development;

3. Considerations necessary to ensure that the proposed development is consistent with the general plan and all applicable specific plans or planned development master plans, including but not limited to the density of residential units; and

4. Considerations relating to the availability of city services, including, but not limited to, water, sewer, drainage, police and fire; and whether such services are adequate based upon city standards.

F. Findings. A site plan review permit or any modification thereto shall be granted only when the decision-making authority makes all of the following findings.

1. Administrative site plan review.

a. The proposed project is consistent with the objectives of the general plan, complies with applicable zoning regulations, planned development master plan or specific plan provisions, improvements standards, and other applicable standards and regulations adopted by the city;

b. The proposed project will not create safety conflicts with vehicular, bicycle, or pedestrian transportation modes of circulation;

c. The proposed project is compatible with adjacent residential and on-residential uses; and

d. The proposed project will not have an adverse impact on public health or safety.

2. Discretionary site plan review.

a. The proposed project is consistent with the objectives of the general plan, complies with applicable zoning regulations, planned development master plan or specific plan provisions, improvements standards, and other applicable standards and regulations adopted by the city;

b. The proposed project will not create safety conflicts with vehicular, bicycle, or pedestrian transportation modes of circulation;

c. The site layout (orientation and placement of buildings and parking areas), as well as the landscaping, lighting, and other development features are compatible with adjacent residential and non-residential uses; and

d. The proposed project will not have an adverse impact on public health or safety.

G. Conditions. The decision-making authority may modify plans in whole or in part and may condition the site plan review permit to ensure specific design features and conformance with all applicable provisions of this title.

(Ord. No. 528, 2-15-2022)

A. Purpose. The purpose of the streamlined ministerial permit process is to provide a streamlined ministerial review process for a development project eligible for a streamlined ministerial process under California Government Code Section 65913.4, California Health and Safety Code Section 17021.8, or other sections of state law requiring a streamlined ministerial review process and to determine whether an eligible project is consistent with applicable objective standards.

B. Process for an Eligible Multifamily Project Under California Government Code Section 65913.4.

1. Prior to submitting an application for a streamlined ministerial permit, the applicant shall submit a pre-application which includes all of the information required by California Government Code Section 65913.4 and the city planner shall conduct Native American tribal consultation as required by Government Code Section 65913.4(b).

2. Streamlined ministerial permit applications for eligible multifamily projects shall be submitted to the city planner, which shall approve, conditionally approve, or disapprove such application or set the application on the agenda of the planning commission for design review or public oversight.

3. The Streamlined ministerial permit review shall focus on assessing compliance with criteria for streamlined projects established by California Government Code Section 65913.4(b), as well as any reasonable objective design standards published and adopted by ordinance or resolution before submission of the streamlined ministerial permit application, and shall be broadly applicable to development within the jurisdiction.

4. If the development project is in conflict with any applicable objective planning standards specified in California Government Code Section 65913.4(a), the city planner shall provide the applicant written documentation of which standard or standards the project conflicts with, and an explanation for the reason or reasons of the conflict, as follows:

a. Within 60 days of submittal of the complete streamlined ministerial permit application pursuant to this section if the project contains 150 or fewer housing units.

b. Within 90 days of submittal of the complete streamlined ministerial permit application to this section if the project contains more than 150 housing units.

5. The application shall be denied unless it is found to satisfy all applicable objective standards. For purposes of this subsection, a project development is consistent with the objective planning standards if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards.

6. The streamlined ministerial permit application may be referred to the planning commission or city council for design review or public oversight. Such review shall not in any way inhibit, chill, or preclude the ministerial approval provided by California Government Code Section 65913.4, shall be limited in scope as described in paragraph (3), and shall be completed within the time period prescribed by the Government Code, which is as follows, unless alternate review or decision periods are established by state law for a specific use or development type:

a. Within 90 days of submittal of the complete application to the city planner if the development contains 150 or fewer housing units.

b. Within 180 days of submittal of the complete application to the city planner if the development contains more than 150 housing units.

C. Process for projects pursuant to California Health and Safety Code Section 17021.8.

Applications for qualified projects submitted pursuant to California Health and Safety Code Section 17021.8, which addresses the streamlined ministerial process for eligible agricultural employee housing, shall be processed in conformance with the requirements of Section 17021.8.

D. Process for other projects eligible for streamlined ministerial review under state law.

1. Streamlined ministerial permits shall conform to the application, timing, and findings requirements as specified for the specific permit type in state law.

2. Streamlined ministerial permit applications for eligible multifamily projects shall be submitted to the city planner which shall approve, conditionally approve, or disapprove such application or set the application on the agenda of the planning commission for design review or public oversight.

3. The streamlined ministerial permit review shall be ministerial, objective, and strictly focused on assessing compliance with the zoning code, general plan, and all other applicable requirements.

4. If the development project is in conflict with any applicable planning standards, the city planner shall provide the applicant written documentation of which standard or standards the project conflicts with, and an explanation for the reason or reasons of the conflict, within 90 days of submittal of the streamlined ministerial permit application.

5. The application shall be denied unless it is found to satisfy all applicable objective standards. For purposes of this subsection, a project development is consistent with the objective planning standards if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards.

6. The streamlined ministerial permit application may be referred to the planning commission or city council for design review or public oversight. Such review shall not in any way inhibit, chill, or preclude the ministerial approval provided by California Government Code Section 65913.4, shall be limited in scope as described in paragraph (3), and shall be completed within 180 days of submittal of the application pursuant to this title unless alternate review or decision periods are established by state law for a specific use or development type.

E. Expiration of approval. Whenever no such use has been initiated within one year of the streamlined ministerial permit approval, the approval shall thereupon become null and void, unless a permit extension has been requested and granted or the project meets the following requirements.

1. The approval shall not expire if the project includes public investment in housing affordability, beyond tax credits, where 50 percent of the units are affordable to households making at or below 80 percent of the area median income.

2. If the project does not meet the requirements of paragraph (1), the approval shall remain valid for three years from the date of the final action establishing the approval or three years from the date of final judgment upholding an approval that has been litigated project provided that vertical construction of the development has begun and is in progress. For purposes of this paragraph, "in progress" means one of the following:

a. The construction has begun and has not ceased for more than 180 days.

b. If the development requires multiple building permits, an initial phase has been completed, and the project proponent has applied for and is diligently pursuing a building permit for a subsequent phase, provided that once it has been issued, the building permit for the subsequent phase does not lapse.

(Ord. No. 528, 2-15-2022)

A. Purpose and intent. The purpose of the architectural design review for historic overlay district (hereafter referred to as architectural design review) is to provide for the protection, enhancement, and perpetuation of the old and historical buildings of downtown Ione; to ensure compliance with the architectural and design standards of Section 17.28.020 (Historic overlay (H) district); and to help prevent the depreciation of land values by ensuring proper attention is given to site and architectural design. This permit is intended to provide a process for consideration of development proposals in which the site, architectural and overall project design is substantially improved by the consideration of design and architectural features of the project as provided in Section 17.28.020 (Historic overlay district), while providing a significant city benefit. However, the flexibility does not apply to use of the land in that only those uses permitted within the underlying base zoning district are allowed.

B. Applicability. An architectural design review permit is required for the following activities on properties designated with the historic overlay (H) zoning district:

1. Installation of new features on existing structures/facades;

2. Additions to existing structures;

3. Placement, alteration, or relocation of signs;

4. New development;

5. Changes to exterior architectural style; and

6. Other actions identified in this title.

C. Exemptions. The following activities in the historic overlay (H) zoning district are exempt from architectural design review. However, such structures may require additional permits, such as a ministerial building permit to ensure compliance with adopted building code standards and applicable zoning code provisions.

1. Repair and maintenance to the site or structure that does not add to, enlarge, or expand the area occupied by the land use, or the floor area of the structure. Exterior repairs that employ the same materials and design as the original construction are also exempt from architecture review;

2. Interior alterations that do not increase the gross floor area within the structure;

3. Construction, alteration, or maintenance by a public utility agency of underground or overhead utilities intended to service existing or nearby approved developments (e.g., water, gas, electric or telecommunication supply or disposal systems, including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, and other similar facilities and equipment); and

4. Construction, alteration, and maintenance of buildings used exclusively and solely for residential uses (e.g., single family residential) are hereby exempted. Buildings that provide for the mixing of residential and non-residential uses in a single structure (e.g., mixed use) do not qualify for this exemption.

D. Decision-making authority. The designated approving authorities for architectural design review are listed below. For any architecture review process not identified, the planning commission shall be decision-making authority. The decision-making authority shall approve, conditionally approve, or deny the proposed architectural design review application in accordance with the provisions of this chapter and Section 17.28.020 (Historic overlay). Architectural design review approval is required prior to issuance of any ministerial building permits or site improvement plans and prior to or in conjunction with discretionary action of corresponding development applications (e.g., conditional use permit, variance).

1. Administrative architectural design review. For all administrative actions, the city planner shall be the decision-making authority. Administrative actions refer to all actions except new development and wholesale changes to architectural style of any existing building. These types of projects typically do not require routing of applications to other departments or agencies. Issues related to fire and building code compliance are addressed at time of building permit issuance. Administrative actions include, but are not limited to, the following:

a. Installation of new features on existing structures consistent with the existing architectural style of the building, such as new roof, trim, doors, windows, etc., and

b. Placement, alteration, or relocation of signs.

2. Comprehensive architectural design review. For all comprehensive actions, the planning commission shall be the decision-making authority. Comprehensive actions include:

a. New construction and wholesale redevelopment of existing sites; and

b. Wholesale changes to the existing architectural style of a building (e.g., changing from mother lode to commercial vernacular).

E. Submittal requirements. Section 17.08.010 (Application submittal) identifies the requirement for submittal of any application to the city for permit or entitlement. In addition to this general requirement, the city shall require, at a minimum, that the following be submitted for all architectural design reviews:

1. A completed city application form indicating, among other things, the applicant's name, address, and telephone number;

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

3. Detailed project description;

4. Plans showing the proposed physical improvements including either samples of the proposed materials or other information indicating the type of material, color, design, and/or fire rating; and

5. Such other relevant information as may be requested by the city planner or his or her designee in order to provide the decision-making authority with adequate information on which to base a decision.

F. Procedure. The procedures for architectural design review shall be as provided in Chapter 17.08 (Application processing procedures) except as provided below:

1. Administrative architectural design review.

a. No public hearing shall be required unless required below.

b. Notice of the filing of an application for administrative architectural design review shall be mailed to persons owning property within 300 feet of the project site and posted on the property. The mailed notice of application shall advise persons that plans for the project are available for public review at city hall and that the application will be decided unless a written request for hearing is received by the city planning department on or before a date specified in the notice which shall be ten working days after the date of mailing.

c. If no timely written request for hearing is filed, the application shall be administratively approved by the city planner if it is deemed to be consistent with the provisions of the historic overlay (H) district.

d. If a timely written request for hearing is filed, the application shall no longer be administratively processed and shall instead be processed in accordance with the procedures for comprehensive architectural design review.

e. The city planner may elevate any project to the comprehensive architectural design review process that, if in the opinion of the city planner, such project is not in substantial conformance with applicable provisions for the historic overlay (H) district, or if the city planner determines that because of location, size, or design of the project warrants a hearing before the planning commission.

2. Comprehensive architectural design review.

a. A public hearing shall be required by the decision-making authority.

b. Public notice of the hearing shall be provided as specified in Section 17.08.040 (Public notices).

G. Findings. An architectural design review permit, or any modification thereto, shall be granted only when the decision-making authority makes all of the following findings:

1. The proposed project is consistent with the objectives of the general plan, and complies with applicable zoning regulations and improvement standards adopted by the city;

2. The proposed architecture, site design, and landscape are suitable for the purposes of the building and the site and will enhance the character of the neighborhood and community;

3. The architecture, including the character, scale and quality of the design, relationship to the site and other buildings, building materials, colors, screening of exterior appurtenances, exterior lighting and signage and other similar elements establishes a clear design concept and is consistent with the architectural and design intentions of Section 17.28.020 (Historic overlay).

H. Conditions. The decision-making authority may modify plans in whole or in part and may condition the architectural design review permit to ensure specific design features, construction materials, and conformance with all applicable provisions of this title.

I. Permit issuance. The final action on the architectural design review permit by the decision-making authority shall constitute approval of the permit. Such permit shall only become valid after the designated ten-day appeal period has been completed.

(Ord. No. 528, 2-15-2022)

A. Purpose and applicability. The purpose of the conditional use permit is for the individual review of uses, typically having unusual site development features or operating characteristics, to ensure compatibility with surrounding areas and uses where such uses are deemed essential or desirable to the various elements of objectives of the general plan. A conditional use permit is required for all uses specifically identified as requiring a conditional use permit in Article II, zoning districts, allowable land uses, and development standards, and Article V, standards for specific non-residential uses. An existing nonconforming use may be enlarged or expanded upon approval of a conditional use permit by the decision-making authority.

B. Findings. Conditional use permits are quasi-judicial and shall be granted only when the planning commission determines that the proposed use or activity complies with all of the following findings:

1. The proposed use is consistent with the general plan and all applicable provisions of this title.

2. The establishment, maintenance or operation of the use applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of such use, or the general welfare of the city.

C. Conditions/guarantees. The planning commission may impose conditions and/or require guarantees for the conditional use permit to ensure compliance with this section and other applicable provisions of this title and to prevent adverse or detrimental impact to the surrounding neighborhood.

D. Permit issuance. The final action on the conditional use permit by the planning commission shall constitute approval of the permit. Such permit shall only become valid after the designated ten-day appeal period has been completed.

E. Appeals. Appeal of the city planner or planning commission action on the request for conditional use permit shall be made in accordance with the procedures specified in Section 17.08.060 (Appeals).

(Ord. No. 528, 2-15-2022)

A. Purpose and applicability. In accordance with California Government Code Section 65906, a variance request allows the city to grant exception to the development standards and provisions of this title in cases where, because of special circumstances applicable to the property, the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning districts. A variance approval is required to grant exception from any of the development standards and provisions of this title. Variance applications may not be granted for uses or activities not otherwise permitted by zoning district regulations.

B. A variance is a request to exceed the applicable standards identified in this chapter, except where this chapter specifies that modifications to specific standards are allowed with a conditional use permit. A major variance includes all requests to exceed applicable standards, except those requests addressed under a minor variance. A minor variance includes:

1. In any zone, modifications of the front, side, or rear yard setback requirements; provided, however, the total modification shall not reduce the applicable setbacks to less than 80 percent of those otherwise required in the zone;

2. In any zone, modifications of building heights; provided, however, such building heights shall not exceed 120 percent of the otherwise applicable maximum height in the zone;

3. In any zone, modifications of the minimum lot area, width, and depth; provided, however, such modifications shall not reduce the total lot area to less than 80 percent of that otherwise required in the zone; and

4. In any zone, modifications of the maximum area or height of signs otherwise applicable in the zone; provided, however, such modifications shall not result in a sign exceeding 120 percent of either the maximum height or maximum size otherwise applicable in the zone.

5. In any zone, modifications of the off-street parking requirements; provided, however, the total variance shall not reduce the off-street parking to less than 80 percent of that otherwise required off-street parking. Such modifications shall be authorized only if it is found that the off-street parking, as modified, provides, either on the same site or on some reasonably and conveniently located site, adequate parking, loading, turning, and maneuvering space to accommodate substantially such needs as are generated by the use and will not result in a safety hazard to the users of the site or surrounding areas.

6. In any zone, modifications to the surfacing materials required to satisfy the paving requirements for off-street parking and loading. Such modifications shall be authorized only if it is found that the location of the parking or storage area or the nature or weight of the vehicles or equipment is such as to make the normally required surfacing materials unnecessary.

7. In the planned development (PD) overlay zones, minor modifications of the detailed development plans or detailed development standards approved by the planning commission or city council only if it is found that such modifications are in substantial conformity with the plans or standards approved by the Commission, and that the appearance and function of the total development will not be significantly adversely affected as a result of such modification.

8. In any zone, modification of any other standard by more than 15 percent.

B. Findings. The decision-making authority may approve and/or modify any variance application in whole or in part, with or without conditions, only if the applicant can demonstrate to the decision-making authority that the circumstances of their particular case can justify making all of the following findings:

1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, such that the strict application of this title deprives such property of privileges enjoyed by other property owners in the vicinity and under identical land use zoning district classifications.

2. That granting the variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use zoning district tin which such property is located.

3. That granting the variance will not adversely affect the interests of the public or the interests of residents and property owners in the vicinity of the premises in question.

4. That the granting of the variance is consistent with the objectives of the general plan and zoning code.

C. Conditions. The decision-making authority may impose conditions for the variance to ensure compliance with this section and other applicable provisions of this title.

D. Issuance. The final action on the variance by the decision-making authority shall constitute approval of the permit. Such permit shall only become valid after the designated ten-day appeal period has been completed.

E. Appeals. Appeal of the decision-making authority on the request for variance shall be made in accordance with the procedures specified in Section 17.08.060 (Appeals).

(Ord. No. 528, 2-15-2022)

A. Purpose and intent. The purpose of allowing reasonable accommodation(s) is to provide a process for individuals with disabilities to make requests for reasonable accommodation(s) for relief from the various land use, zoning, or rules, policies, practices, and/or procedures of the city. It is the policy of the city, pursuant to the federal Fair Housing Amendments Act of 1988, as amended, and the California Fair Employment and Housing Act, as amended (hereafter "fair housing laws"), to provide people with disabilities reasonable accommodation(s) in rules, policies, and procedures that may be necessary to ensure equal access to housing.

B. Requesting reasonable accommodation(s).

1. In order to make specific housing available to an individual with a disability, a disabled person or representative may request reasonable accommodation(s) relating to the various land use, zoning, or rules, policies, practices, and/or procedures of the city.

2. If an individual needs assistance in making the request for reasonable accommodation(s) or appealing a determination regarding reasonable accommodation(s), the city planner will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant or representative.

3. A request for reasonable accommodation(s) with regard to city regulations, rules, policies, practices, and/or procedures may be filed on an application form provided by the city planner at the time that the accommodation may be necessary to ensure equal access to housing.

C. Required information. The applicant shall provide the following information when requesting reasonable accommodation(s):

1. A completed city application indicating, among other things, the applicant's name, address, and telephone;

2. Property owner and address of the property for which the request is being made;

3. The current actual use of the property;

4. The zoning code provision, regulation, or policy from which reasonable accommodation(s) is being requested;

5. The basis for the claim that the person(s) for whom the reasonable accommodation(s) is/are sought is/are considered disabled under the Fair Housing Act and why the accommodation is reasonably necessary to make specific housing usable and accessible to the person(s);

6. If necessary to reach a determination, the city planner may request further information, consistent with fair housing laws, specifying in detail the information that is required.

D. Decision-making authority and approval process.

1. Notwithstanding any other provision of this zoning code, the city planner shall have the authority to consider and take action on requests for reasonable accommodation(s). When a request for reasonable accommodation(s) is filed with the city planning department, it will be referred to the city planner for review and consideration as a ministerial action unless determined otherwise by the city planner. The city planner shall issue a written determination of his or her action within 30 days of the date of receipt of a completed application, except that the decision period may be extended to 30 days from the date any information requested under paragraph C subparagraph 6 is submitted by the applicant to the city. The city planner may:

a. Grant or deny the accommodation request; or

b. Grant the accommodation request subject to specified nondiscriminatory condition(s).

2. All written determinations of actions of the city planner shall explain in detail the basis of the decision, including the basis for the findings in Paragraph E and shall give notice of the right to appeal and the right to request reasonable accommodation(s) on the appeals process (e.g., requesting that city staff attempt to schedule an appeal hearing as soon as legally and practically possible), if necessary. The notice of action shall be sent to the applicant by mail.

3. If necessary to reach a determination or action on the request for reasonable accommodation(s), the city planner may request further information from the applicant consistent with the city planning department specifying in detail what information is required. In the event a request for further information is made, the 30-day period to issue a written determination shall be stayed until the applicant fully and sufficiently responds to the request.

E. Required findings for reasonable accommodation(s). In making a determination regarding the reasonableness of a requested accommodation(s), the decision-making authority shall make the following findings:

1. The housing which is the subject of the request for reasonable accommodation(s) will be used for an individual protected under fair housing laws.

2. The request for reasonable accommodation(s) is necessary to make specific housing available to an individual protected under fair housing laws.

3. The requested reasonable accommodation(s) does not impose an undue financial or administrative burden on the city.

4. The requested accommodation does not fundamentally alter the city's land use and zoning or building program.

F. Appeals. Appeal of the city planner action on the request for reasonable accommodation(s) shall be made in accordance with the following procedures.

1. Within 30 days of the date of the decision-making authority's written decision, an applicant may appeal an adverse decision. Appeals from the adverse decision shall be made in writing.

2. If an individual needs assistance in filing an appeal on an adverse decision, the jurisdiction will provide assistance to ensure that the appeals process is accessible.

3. All appeals shall contain a statement of the grounds for the appeal. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

4. Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available.

(Ord. No. 528, 2-15-2022)

A. Purpose. Sign permits provide a mechanism for administrative review and determinations to ensure that signs are consistent with the general plan and provisions of the zoning code.

B. Applicability. A sign permit shall be required for all permanent signs, as defined by this title, prior to the establishment or erection of a new sign or the replacement, alteration, or relocation of an existing permanent sign, as specified in Section 17.42.040 (Permits and review procedures). Where a sign is proposed, no building permit may be issued until a sign permit has first been approved and issued.

B. Procedures.

1. The city planner, or his or her designee, shall be the decision-making authority for sign permits.

2. Multiple sign applications. When an application proposes two or more signs on the same property and/or as part of the same tenant, the applications may be granted in whole or in part, with separate decisions as to each proposed sign. When an application is denied in whole or in part, a written notice shall specify the ground(s) for such denial.

C. Submittal timing. Timing. An application for a sign permit for a permanent sign shall be submitted to the city planning department at the time the building permit application is submitted to the building department.

D. Approval findings. The decision-making authority may approve a sign permit when the sign permit application and the sign itself comply with the standards and requirements of this title. A sign permit application may be approved subject to conditions, so long as those conditions are not in conflict with this title or some other applicable law, rule, or regulation.

(Ord. No. 528, 2-15-2022)

A. Purpose. The purpose of a creative sign program is to provide a process for property owners and businesses to propose, and the city to consider, special deviations from the regulations for on-site permanent signs provided in this title under certain limited circumstances. The creative sign program also provides a process for the city to review special signage types prior to issuance of a sign permit. The intent of the creative sign program is to:

1. Encourage signs of unique design that exhibit a high degree of imagination, inventiveness, spirit, and thoughtfulness; and

2. Provide a process for the application of sign regulations in ways that will allow creatively designed signs that make a positive visual contribution to the overall image of the city, while mitigating the impacts of large or unusually designed signs.

B. Applicability. An applicant may request approval of a creative sign program in order to allow a sign that may require standards that differ from the signage provisions of this title, but comply with the purpose and findings for creative sign program. Establishments that are eligible for creative sign programs include any commercial, office, or industrial use in the city and specifically include any such use within the historic (H) overlay district.

C. Decision-making authority and procedures.

1. The city planner, or his or her designee, shall be the decision-making authority for creative sign programs.

2. Multiple signs. One creative sign program application may be submitted for multiple signs, provided all signs are on the same property and/or as part of the same tenant. In such instances, the application may be granted in whole or in part, with separate decisions as to each proposed sign. When an application is denied in whole or in part, a written notice shall specify the ground(s) for such denial.

3. Public hearing. No public hearing shall be required for a creative sign program, except as set forth below:

a. Notice of the filing of an application for a creative sign program shall be mailed to persons owning property within 300 feet of the project site and posted on the property where the sign or signs are proposed to be located. The mailed notice of application shall advise persons that plans for the project are available for public review at city hall. The notice shall also indicate that the decision-making authority will take final action on the application unless a written request for hearing is received by the city planning department on or before the date specified in the notice, which shall be at least ten working days from the date of mailing.

b. If no timely written request for hearing is filed, the application shall be administratively approved by the decision-making authority if it is deemed to be consistent with the deviations and considerations for creative sign programs.

c. If a timely written request for hearing is filed, the application shall no longer be administratively processed and shall instead be decided at a public hearing of the planning commission.

d. Notwithstanding the foregoing, the decision-making authority may elevate any project to a planning commission decision if, in the opinion of the decision-making authority, such project is not in substantial conformance with the intent of the creative sign program, or if the decision-making authority determines that the location, size, or design of the project warrants a hearing before the planning commission.

4. Revocation or cancellation. The city planner shall revoke any creative sign program upon refusal by the permit holder to comply with the provisions of the creative sign program after written notice of noncompliance and at least 30 days opportunity to correct. In the event that the sign, by nature of its physical condition, poses an imminent or significant threat to public safety, the city planner shall revoke the creative sign program and order immediate correction of the safety hazard.

D. Submittal requirements.

1. Timing. An application for a creative sign program shall be submitted to the city planning department prior to submittal of an application for a sign permit.

2. Application contents. The application for creative sign program shall be made on a form as prescribed by the city planning department and shall be accompanied by the information identified on the form. The information shall include, but is not limited to, the following:

a. The name, address, contact information, and signature of the applicant, as well as the name, address, and contact information for the contractor or installer and property owner. If the applicant is someone other than the sign owner, then the sign owner's signature is also required on the application form;

b. Proof of consent of the property owner or other person(s) having the immediate right to possession and control of the property;

c. Preliminary information indicating how the sign will be constructed and/or mounted to a building or structure;

d. Location, size, structure, and other descriptive information required by the city planning department; and

e. Such other information as the city planning department may reasonably request to determine that the proposed application is in full compliance with the provisions of this title, the City Code, and other applicable law. The message proposed to be displayed on the sign is not required, but may be shown at the option of the applicant.

E. Deviations allowed. The following types of deviations from the signage standards of this title may be requested by the applicant for a creative sign program and may, upon written findings, be approved by the decision-making authority:

1. Increases in maximum allowed area for permanent signs on the subject site;

2. Allowances for types of lighting not otherwise permitted by this title;

3. Allowances for types of signs not specifically permitted by this title; and

4. Allowances for signs to exceed the maximum height requirement(s).

F. Considerations and basis for deviations. In approving an application for a creative sign program and any deviations from the signage standards of this title, the decision-making authority shall ensure that the proposed sign meets the following criteria:

1. Design quality. The sign shall:

a. Have a positive visual impact on the surrounding area;

b. Be of unique design and exhibit a high degree of imagination, inventiveness, spirit, and thoughtfulness; and

c. Provide strong graphic character through the imaginative use of color, graphics, proportion, quality materials, scale, and texture.

2. Contextual criteria. The sign shall contain at least one of the following elements:

a. Classic historic design style;

b. Creative image reflecting current or historic character of the city; or

c. Inventive representation of the logo, name, or use of the structure or business.

3. Architectural criteria. The sign shall:

a. Utilize or enhance the architectural elements of the building; and

b. Be placed in a logical location in relation to the overall composition of the building's facade and not cover any key architectural features and details of the facade.

4. Impacts on surrounding uses. The sign shall be located and designed not to cause light and glare impacts on surrounding uses, especially residential uses.

G. Findings. A creative sign program shall be granted only when the decision-making authority makes all of the following findings:

1. The proposed creative sign program is consistent with the objectives of the general plan;

2. The proposed signage is consistent with the purposes of the creative sign program; and

3. The proposed deviations from the signage standards of this title are consistent with the considerations and basis for deviations listed in this title.

(Ord. No. 528, 2-15-2022)

A. Purpose. The uniform sign program provides a process for the city's review of and decisions related to requests for signs for multi-tenant projects. The intent of the uniform sign program is to allow the integration of a project's signs with the design of the structures involved to achieve a unified architectural statement and to approve common sign regulations for multi-tenant projects, as well as to encourage design flexibility without circumventing the intent of this Code.

B. Applicability. A uniform sign program shall be required for all new multi-tenant shopping centers, office parks, and other multi-tenant or mixed use developments of three or more separate tenants/uses that share either the same parcel or structure and use common access and parking facilities as specified in Section 17.42.040 (Permits and review procedures).

C. Standards and content. The uniform sign program shall include criteria for building-attached and freestanding signs for tenants, anchors, and the integrated development itself to establish consistency of sign type, location, logo and/or letter height, lines of copy, illumination, and construction details of signs for the project. All signs within the development shall be consistent with the uniform sign program adopted for the development. The message substitution policy of Chapter 17.42 shall be deemed incorporated in every uniform sign program, even if the uniform sign program documents do not explicitly so state. Maximum size, location, height, setback, and other development standards for signs in the uniform sign program shall be consistent with the standards of this title.

D. Approval findings. A uniform sign program, or revisions thereto, may be approved, approved with conditions, or denied by the decision-making authority based upon findings of fact that the proposed sign program (or revision thereto) is consistent with the standards for uniform sign programs as established in the city's zoning code.

(Ord. No. 528, 2-15-2022)

A. Purpose. Temporary use permits (TUP) provide a process for ministerial review and determinations to allow short-term activities that may not meet the normal development or use standards of the applicable zoning district, but may be acceptable because of their temporary nature. The temporary use permit applicant must demonstrate the application is consistent with Code requirements.

B. Applicability. A temporary use permit allows the short-term activities listed in Chapter 17.220 (Temporary uses).

C. Approval findings. The city planner shall make the following findings to approve or conditionally approve a temporary use permit application:

1. The establishment, maintenance, or operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use.

2. The use, as described and conditionally approved, will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.

3. Approved measures for the removal of the use and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this zoning code.

4. The approval includes provisions to ensure that each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used in compliance with the provisions of this zoning code. The decision-making authority may require appropriate security before initiation of the use to ensure proper cleanup after the use is finished.

D. Conditions of approval. In approving a temporary use permit, the city planner may impose conditions (e.g., buffers, hours of operation, landscaping and maintenance, lighting, off-site improvements, parking, performance guarantees, property maintenance, signs, surfacing, time limits, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the required findings.

(Ord. No. 528, 2-15-2022)

A. Purpose. This section establishes procedures and requirements for the review and approval of development agreements when applied for as part of a land use entitlement in compliance with the provisions of California Government Code Sections 65864 through 65869.5. The city council finds and declares the use of development agreements is beneficial to the public, in that:

1. Development agreements increase the certainty in the approval of development projects thereby preventing the waste of resources, reducing the cost of development to the consumer, and encouraging investment in and commitment to comprehensive planning, all leading to the maximum efficient utilization of resources at the least economic cost to the public.

2. Development agreements provide assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, thereby strengthening the public planning process, encouraging private participation in comprehensive planning, and reducing the economic costs of development.

3. Development agreements enable the city to plan for and finance public facilities, including, but not limited to, streets, sewerage, transportation, drinking water, school, and utility facilities, thereby removing a serious impediment to the development of new housing.

B. Qualified applicant. Only a qualified applicant, a person who has legal or equitable interest in the real property which is the subject of the development agreement (or his or her authorized agent) may submit an application for a development agreement.

C. Flexibility of development regulations. Unless preempted by state or federal law, any development agreement if adopted by the city may modify development rules, regulations, and policies governing permitted uses of land, and density, and governing design, improvements, construction standards and specification, and phasing applicable to development of the property involved in the agreement.

Nothing contained in these regulations shall prevent the developer or the city from proceeding with normal tentative map or final map processes on any phase of a development which is the subject of a development agreement at any time during its term.

D. Submittal requirement. Section 17.08.010 (Application submittal) identifies the requirement for submittal of any application to the city for permit or entitlement, in addition to this general requirement, the city shall require, at a minimum, that the following be submitted for a development agreement:

1. A completed city application form indicating, among other things, the applicant's name, address, and telephone number;

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

3. Detailed project description;

4. Description of public benefits that will result from the agreement; and

5. Such other relevant information as may be requested by the city planner or his or her designee in order to provide the decision-making authority with adequate information on which to base a decision.

E. Findings. A development agreement may only be granted when the city council makes all of the following findings specifying that the development agreement:

1. Is consistent with the objectives, policies, and general land uses specified in the general plan and any applicable specific plans;

2. Is compatible and in conformity with public convenience, general welfare, and good land use and zoning practice;

3. Will not be detrimental to health, safety, and general welfare of the city;

4. Will not adversely affect the orderly development of property or the preservation of property values; and

5. Provides sufficient benefit to the community to justify entering into the agreement.

F. Approval of development agreement. A development agreement is a legislative act and shall be approved by the city council by ordinance. The mayor shall execute any development agreement approved by the city council.

G. Amendment and cancellation of agreement. Either party may propose an amendment to or cancellation in whole or part of the development agreement, the procedure for which is the same as the procedure for entering into the agreement initially. Where, however, the city initiates the proposed amendment or cancellation, it must first notice the property owner of its intent at least 15 days in advance.

H. Recordation. Within ten days after the city enters into the development agreement, or any amendment thereof, the city clerk shall cause the agreement or amendment to be recorded with the county recorder. Additionally, the city clerk shall be the official custodian of the development agreement file. Said file shall include an executed copy of the agreement and the originals of all exhibits, reports of periodic review, amendments, and/or cancellations to the development agreement.

I. Periodic review. The city manager shall review the development agreement every 12 months from the date the development agreement is entered into and provide a written report to the city council. The burden of proof is on the applicant to provide necessary information verifying compliance with the terms of the development agreement. The applicant shall also bear the cost of such review in accordance with the fee established by city council resolution. If the city manager finds that any aspect of the development project is not in strict compliance with the terms of the development agreement or may warrant consideration by the decision-making authority, the city manager may schedule the matter before the appropriate decision-making authority for review.

(Ord. No. 528, 2-15-2022)

A. Purpose and applicability. The purpose of the planned development district is to provide procedures for the consideration and regulation of areas suitable for proposed comprehensive development with detailed development plans and of those areas that require special planning to provide for appropriate planned development in harmony with their natural features and other environmental consideration. In the event there is an inconsistency or conflict between an adopted planned development and comparable provisions of this title, the planned development shall prevail. This section describes the process for adoption, amendments, and subsequent development permitted under a planned development. Chapter 17.26 (Special purpose districts) describes planned development districts and adopts it by reference.

B. Initiation of planned development zoning. Proposals to establish a planned development or planned development district may be initiated by the city or by any person in the same manner as a zoning amendment as provided in this zoning code.

C. Application contents. Section 17.08.010 (Application submittal) identifies the requirement for submittal of any application to the city for permit or entitlement. In addition to this general requirement, the city shall require, at a minimum, that the following be submitted for planned development:

1. Either a request for a conditional use permit for all proposed development or a master plan for the proposed development;

2. The following required data:

a. Topographic map showing natural features of site and adjacent property, and location of proposed facilities and roads;

b. Description of existing site, including vegetation, wildlife, natural features, and present services, access, and land use;

c. Description of clearing, grading, excavating, filling, and other land alterations to be performed;

d. Description of proposed uses and structures, landscaping, fencing, services, streets, utilities, and other facilities;

e. Other information as required by the city planning department, city planner, or planning commission, including but not limited to detailed construction, improvement, utility, and drainage plans and other data as is deemed necessary to adequately consider the proposed development; and

f. Such other relevant information as may be requested by the city planner or his or her designee in order to provide the decision-making authority with adequate information on which to base a decision.

D. Required contents of a master plan. When a master plan is being established for the planned development, the master plan shall set forth in text, maps, and diagrams the following items, at the level of detail appropriate for the planned development submittal:

1. A list of permitted, conditionally permitted, and prohibited uses;

2. Performance and development requirements related to yards, lot area, intensity of development on each lot, parking, landscaping, and signs;

3. Other design standards appropriate for the specific site and development;

4. Legal description of property covered by the master plan; and

5. Reasons for establishment of a planned development master plan on the particular property.

F. Additional contents of a master plan. Additional contents may be required as determined by the city planner including, but not limited to, the following:

1. Regulations relating to nonconforming lots, uses, structures, and signs;

2. Time, phasing, and sequence of development projects;

3. Infrastructure plan; and

4. Circulation plan.

G. Findings. The decision-making authority shall make the following findings to approve a planned development:

1. The proposed uses are so designed as to result in an appropriate overall development consistent with the purposes of planned development zoning;

2. The site is physically suited for the proposed uses;

3. The proposed uses do not significantly detract from the natural and scenic values of the site;

4. Adequate services are available for the proposed uses, including but not limited to water supply, sewage disposal, roads, and utilities.

H. Conditions. The decision-making authority may attach such conditions to the planned development district as are deemed necessary to insure compliance with the intent and purpose of planned development zoning, including but not limited to height, area, lot and setback requirements; design standards; access, road and revegetation/landscaping requirements; dedications and use restrictions.

I. Action/adoption. Adoption of the planned development by ordinance of the city council shall constitute final action and approval of the planned development. Authorization for construction in accordance with the planned development may only be granted after the effective date of the action.

J. Delineation of planned development areas. On the zoning map, a planned development district shall be delineated in a manner similar to that of any other zoning district except that each planned development zoned area shall also bear a number, text, or other symbol which distinguishes it from other planned development areas. See Section 17.26.030 (Planned development zoning districts).

K. Environmental review. It is anticipated, under the California Environmental Quality Act and implementing guidelines, that most planned development approvals will require preparation of either a mitigated negative declaration (MND) or an environmental impact report (EIR). Once adopted or certified, the MND or EIR for a master plan may be relied upon for further entitlements sought subsequent to adoption of the planned development master plan (e.g., site plan review). Unless otherwise exempt, an initial study shall be prepared for all subsequent entitlements to determine whether a supplement to the MND or EIR must be prepared. In the event that a supplement to the MND or EIR is determined not to be necessary, a negative declaration or mitigated negative declaration for the project shall be prepared.

L. Subsequent development in a planned development for which there is no master plan. When a master plan was not established as part of the establishment of a planned development zone (e.g., when a request for the zone change to planned development and for a use permit for all proposed developments was approved) and a use is proposed that was not covered in the previous approval, a conditional use permit shall be required for all subsequent development and uses (in addition to any other required entitlement, e.g., site plan review), or a master plan providing for a range of uses shall prepared and considered. The master plan shall be prepared consistent with the provisions of Subsection F. (Required contents of a master plan). In approving subsequent development in a planned development for which there is no master plan, the decision-making authority shall make the following findings:

1. That the proposed uses are so designed as to result in an appropriate overall development consistent with the purposes of planned development zoning as applied to the subject site;

2. That the site is physically suited for the proposed use(s); and

3. That adequate services are available for the proposed uses, including but not limited to water supply, sewage disposal, roads, and utilities.

M. Application for amendment to the planned development zone. The procedures for amending a planned development zone (including amendments to the master plan or establishing a master plan where one previously did not exist) shall be the same as for any amendment to the zoning code, as set forth in Section 17.10.150, including the necessary findings in Section 17.10.150 E. (Findings for zoning amendment (text or map)).

N. Application of planned development requirements. Where specific conditions of the planned development (including master plan) are more restrictive than the zoning code development standards, the conditions of the planned development shall apply. Where a standard is not addressed in the planned development, the zoning code shall apply.

(Ord. No. 528, 2-15-2022)

A. Purpose. The purpose of a specific plan is to provide a vehicle for implementing the city's general plan on an area-specific basis. The specific plan is intended to serve as a regulatory document, consistent with the general plan. In the event there is an inconsistency or conflict between an adopted specific plan and comparable provisions of this title, the specific plan shall prevail. This section is consistent with California Government Code Section 65450, et. seq. This section describes the process for adopting, amending, and subsequent development under a specific plan. Chapter 17.26 (Special purpose districts) describes the individual specific plan districts and adopts them by reference.

B. Applicability. The city's general plan encourages preparation of specific plans and identifies certain areas of the city which require specific plans for development. Specific plan zoning may be considered for other areas of the city.

C. Submittal requirements. Section 17.08.010 (Application submittal) identifies the requirements for submittal of any application to the city for permit or entitlement. In addition to this general requirement, the city shall require, at a minimum, the following the submitted for a specific plan:

1. A draft of the proposed specific plan document and relevant map(s) that includes all of the necessary components as listed in Subsection D. (Contents); and

D. Contents. In addition to the state minimum content requirements of California Government Code Section 65451, the following items outline the city's content requirements for an application:

1. Statement of the relationship of the specific plan to the general plan.

2. Policies for development and standards for regulating development within the plan area.

3. The proposed land uses for all areas covered by the plan.

4. The types and configurations of buildings to be included in all developments within the plan area.

5. The location of and types of streets.

6. Public facilities and infrastructure required to serve developments within the specific plan area.

7. A parking and circulation plan for off-street parking areas showing the location of parking lots, the approximate number of spaces, and the approximate location of entrances and exits.

8. Proposed conservation, open space and/or recreation areas, if any.

9. Any other programs, guidelines or standards appropriate for the area covered by the plan.

E. Environmental review. It is anticipated, under the California Environmental Quality Act and Guidelines, that most specific plans will require preparation of an environmental impact report (EIR). Once certified, the EIR for a specific plan may be relied upon for further entitlements sought subsequent to adoption of the specific plan. Unless otherwise exempt, an initial study shall be prepared for all subsequent applications to determine whether a supplement to the EIR must be prepared. If a supplement to the EIR is determined not to be necessary, a negative declaration or mitigated negative declaration shall be prepared.

F. Findings. Specific plans and any amendment thereto shall be approved/adopted only when the city council makes the following findings:

1. The proposed specific plan is consistent with the general plan goals, policies, and implementation programs.

2. The land use and development regulations within the specific plan are comparable in breadth and depth to similar zoning regulations contained in this title.

3. The administration and permit processes within the specific plan are consistent with the administration and permit processes of the zoning code.

G. Adoption. Adoption of the specific plan by ordinance of the city council shall constitute final action and approval of the specific plan. Authorization for construction in accordance with the specific plan may only be granted after the effective date of the adoption.

H. Delineation of specific plan areas. On the zoning map, a specific plan zoning district shall be delineated in a manner similar to that of any other zoning district except that each SP-zoned area shall also bear a number, text, or other symbol which distinguishes it from other specific plan areas. See Section 17.26.020 (Specific plan zoning districts).

I. Application of specific plan development requirements. Where specific conditions of the specific plan are more restrictive than the zoning code development standards, the conditions of the specific plan shall apply. Where a standard is not addressed in the specific plan, the zoning code shall apply.

(Ord. No. 528, 2-15-2022)

A. Purpose. The purpose of prezoning is to establish the designation of land use by zoning district for unincorporated property adjoining the city, within the sphere of influence. This section is consistent with California Government Code Section 65859.

B. Procedure. The procedure, review, and action for prezoning are the same as that established for a zoning code amendment pursuant to Section 17.10.150 (Zoning code amendment).

(Ord. No. 528, 2-15-2022)

A. Purpose. The purpose of a zoning amendment is to allow modification to any provisions of this title (including the adoption of new regulations or deletion of existing regulations) or to rezone or change the zoning designation on the zoning map for any parcel(s). This section is consistent with California Government Code Section 65853.

B. Initiation of amendment. A zoning amendment to this title may be initiated by motion of the planning commission or city council, by application by property owner(s) of parcel(s) to be affected by zoning amendment, or by recommendation of the city planner to clarify text, address changes mandated by state law, maintain general plan consistency, address boundary adjustments affecting land use designation(s), or for any other reason beneficial to the city.

C. Submittal requirements. Section 17.08.010 (Application submittal) identifies the requirement for submittal of any application to the city for permit or entitlement. In addition to this general requirement, the city shall require, at a minimum, that the following be submitted for a zoning code amendment when initiated by the property owner(s) of parcel(s) to be affected by the zoning amendment:

1. Maps showing the existing and proposed zoning designations for the subject property(s) when the proposed zoning amendment is for a map amendment;

2. The proposed text of the proposed zoning amendment when the proposed zoning amendment is for a text amendment; and

3. Such other relevant information as may be requested by the city planner or his or her designee in order to provide the decision-making authority with adequate information on which to base a decision.

D. Findings for zoning amendment (text or map). Zoning amendments shall be granted only when the city council makes the following findings:

1. The proposed zoning amendment (text or map) is consistent with the general plan goals, policies, and implementation programs.

E. Conditions/restrictions. When considering an application for a zoning amendment to rezone property, the city council has the authority to impose restrictions on property including use restriction.

F. Action/adoption. Adoption of the zoning amendment by ordinance of the city council shall constitute final action and approval of the amendment. Authorization for construction or occupancy in accordance with the amendment may only be granted upon or after the effective date of the action.

(Ord. No. 528, 2-15-2022)

A. Purpose. The purpose of a general plan amendment is to allow for modifications to the general plan text (e.g., goals, policies, or implementation programs) or to change the general plan land use designation on any parcel(s).

B. Frequency of amendment. Pursuant to Government Code Section 65358, no mandatory element of the general plan may be amended more frequently than four times during any calendar year. Subject to that limitation, an amendment may be made at any time and may include more than one change to the general plan.

C. Initiation of amendment. A general plan amendment may be initiated by motion of the planning commission or city council, by application by property owner(s) of parcel(s) to be affected by general plan amendment, or by recommendation of the city planner to clarify text, address changes mandated by state law, maintain internal general plan consistency, address boundary adjustments affecting land use designation(s), or for any other reason beneficial to the city.

D. Submittal requirements. Section 17.08.010 (Application submittal) identifies the requirement for submittal of any application to the city for permit or entitlement. In addition to this general requirement, the city shall require, at a minimum, that the following be submitted for a general plan amendment when initiated by the property owner(s) of parcel(s) to be affected by the general plan amendment:

1. Maps showing the existing and proposed general plan designations for the subject property(s) when the proposed general plan amendment is for a map amendment;

2. The proposed text of the proposed general plan amendment when the proposed general plan amendment is for a text amendment; and

3. Such other relevant information as may be requested by the city planner or his or her designee in order to provide the decision-making authority with adequate information on which to base a decision.

E. Findings for general plan amendment (text or map). In the event that a general plan amendment is requested by a private property owner, the applicant shall demonstrate to the city council that there is a substantial benefit to be derived from such amendment.

F. Adoption. Adoption of the general plan amendment by the city council shall constitute final action and approval of the amendment. Authorization for construction or occupancy in accordance with the amendment may only be granted upon the effective date of the action.

(Ord. No. 528, 2-15-2022)