Chapter 18.104 — COMMON PERMIT REQUIREMENTS

This chapter establishes procedures for the preparation, filing, and processing of permits required by the zoning code. The term "permit" when used in this chapter refers to any action, permit, or approval listed in Table 18.100-1 (Review and Decision-Making Authority).

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Pre-Application Conference.

1.

The city encourages prospective applicants to request a pre-application conference with the development services department before completing and filing a permit application.

2.

The purpose of this conference is to:

a.

Inform the applicant of city requirements as they apply to the proposed project;

b.

Inform the applicant of the city's review process;

c.

Identify information and materials the city will require with the application, and any necessary technical studies and information relating to the environmental review of the project; and

d.

Provide guidance to the applicant of possible project alternatives or modifications.

3.

The pre-application conference and any information provided to prospective applicants by city staff shall not be construed as a recommendation for approval or denial of an application.

4.

Failure by city staff to identify all permit requirements shall not constitute a waiver of those requirements.

B.

Application Contents.

1.

All permit applications shall be filed with the development services department on an official city application form.

2.

Applications shall be filed with all required fees, information, and materials as specified by the development services department.

C.

Eligibility for Filing.

1.

An application may only be filed by the property owner or the property owner's authorized agent.

2.

The application shall be signed by the property owner or the property owner's authorized agent if written authorization from the owner is filed concurrently with the application.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Fee Schedule. Fees required to process permit applications are identified in the planning division fee schedule approved by the city council.

B.

Requirement of Payment.

1.

The City may deem an application complete and begin processing the application only after all required fees have been paid.

2.

Failure to pay any required supplemental application fees is a basis for denial or revocation of a permit application.

C.

Refunds and Withdrawals.

1.

Application fees cover city costs for public hearings, mailings, staff and consultant time, and the other activities involved in processing applications. Consequently, the city will not refund fees for a denied application.

2.

In the case of an application withdrawal, the community development director may authorize a partial refund of a deposit account based upon the pro-rated costs to date and the status of the application at the time of withdrawal.

3.

Flat fees submitted in conjunction with a permit application are non-refundable.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.104.040 - Application review.

A.

Review for Completeness.

1.

Initial Review. The development services department shall review each application for completeness and accuracy before it is accepted as being complete and officially filed.

2.

Basis for Determination. The development services department's determination of completeness shall be based on the city's list of required application contents and any additional written instructions provided to the applicant in a pre-application conference and during the initial application review period.

3.

Notification of Applicant. Within thirty days of application filing, the development services department shall inform the applicant in writing that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information is required.

4.

Appeal of Determination. When the development services department has determined that an application is incomplete, and the applicant believes that the application is complete or that the information requested by the development services department is not required, the applicant may appeal the development services department's determination in compliance with Chapter 18.112 (Appeals).

5.

Submittal of Additional Information.

a.

When the development services department determines that an application is incomplete, additional required information shall be submitted in writing.

b.

Resubmitted information shall be subject to a new thirty-day period of review for completeness.

6.

Environmental Information. After the development services department has accepted an application as complete, the department may require the applicant to submit additional information for the environmental review of the project in compliance with the California Environmental Quality Act (CEQA).

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Concurrent Filing. An applicant for a development project that requires the filing of more than one application (e.g., zoning map amendment and a conditional use permit) shall file all related applications concurrently unless the concurrent filing requirements are waived by the community development director.

B.

Concurrent Processing. The development services department shall process multiple applications for the same project concurrently. Projects requiring multiple permit applications shall be reviewed and acted upon by the highest review authority designated by the zoning code for any of the applications (e.g., a project requiring a zoning map amendment and a conditional use permit shall have both applications decided by the city council, instead of the planning commission acting on the conditional use permit).

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Staff Evaluation. The development services department shall review all permit applications to determine if they comply with the zoning code, the general plan, and other applicable city policies and regulations.

B.

Staff Report. For all permit applications requiring review by the planning commission or city council, the development services department shall prepare a staff report describing the proposed project and including, where appropriate, a recommendation to approve, approve with conditions, or deny the application.

C.

Report Distribution. Staff reports shall be furnished to the applicant at the same time as they are provided to the review authority before action on the application.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

CEQA Review. After acceptance of a complete application, the development services department shall review the project in compliance with the California Environmental Quality Act (CEQA) to determine whether:

The proposed project is exempt from the requirements of CEQA;

2.

The proposed project is not a project as defined by CEQA;

3.

A Negative declaration (ND) may be issued;

4.

A Mitigated negative declaration (MND) may be issued;

5.

An Environmental impact report (EIR) is required; or

6.

A previously prepared ND/MND or EIR may be used.

B.

Compliance with CEQA. These determinations and, where required, the preparation of appropriate environmental documents shall be in compliance with CEQA and any adopted City CEQA Guidelines.

C.

Special Studies Required. Special studies, paid for in advance by the applicant, may be required to supplement the city's CEQA compliance review.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.104.080 - Applications deemed withdrawn.

A.

Response Required. If an applicant does not pay required supplemental fees or provide information requested in writing by the development services department within nine months following the date of the letter, the application shall expire and be deemed withdrawn without any further action by the city.

B.

Resubmittal. After the expiration of an application, future city consideration shall require the submittal of a new complete application and associated filing fees.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.104.090 - Notice of hearing.

When the zoning code requires a noticed public hearing, the city shall provide notice of the hearing in conformance with Government Code Section 65090 et. seq. and as described in this section.

A.

Content of Notice. Notice of a public hearing shall include all of the following information, as applicable.

1.

Hearing Information. The date, time, and place of the hearing; the name of the hearing body; and the phone number, email address, and street address of the development services department where an interested person could call or visit to obtain additional information.

2.

Project Information. The name of the applicant, the city's file number assigned to the application, a general explanation of the matter to be considered, and a general description of the location of the subject property.

3.

Statement on Environmental Document. A statement that the proposed project is determined to be exempt from the California Environmental Quality Act (CEQA), or that a negative declaration, mitigated negative declaration, or environmental impact report has been prepared for the project. The hearing notice shall state if the hearing body will consider approval of the CEQA determination or document prepared for the proposed project.

4.

Zoning Map Amendments. On-site public notices posted for proposed zoning map amendments shall consist of the words "notice of proposed change of zone" printed in plain type with letters not less than one and one-half inches in height.

B.

Method of Notice Distribution. Notice of a public hearing shall be given at least ten days before the hearing date using the methods required by Government Code Section 65091.

1.

Mailing. Where required, notice shall be mailed or delivered at least ten days before the scheduled hearing to the following recipients:

a.

Project Site Owners and the Applicant. The owners of the subject property or the owner's authorized agent, and the applicant.

b.

Adjacent Property Owners. The owners of the real property located within a radius of three hundred feet from the exterior boundaries of the subject property.

c.

Local Agencies. Each local agency expected to provide roads, schools, sewerage, streets, water, or other essential facilities or services to the subject property, whose ability to provide those facilities and services may be significantly affected.

d.

Persons Requesting Notice. Any person who has filed a written request for notice with the development services department.

e.

Other Persons. Any other person, whose property, in the judgment of the development services department, might be affected by the proposed project.

2.

Alternative to Mailing. If the number of property owners to whom notice would be mailed in compliance with Paragraph 1 above is more than one thousand, the development services department may provide notice by placing a display advertisement of at least one-eighth page in one or more local newspapers of general circulation at least ten days prior to the hearing.

3.

Additional Notice. In addition to the types of notice required above, the development services department may require additional notice as determined necessary or desirable by the community development director.

4.

Failure to Receive Notice. The validity of the hearing shall not be affected by the failure of any resident, property owner, or community member to receive a mailed notice.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.104.100 - Notice of pending action.

A.

For administrative use permit and minor exception applications reviewed by the community development director, public notice shall state that the city is considering the application and that the community development director will hold a public hearing for the application only upon receiving written request for a hearing by a specified date.

B.

If the city receives a request for a public hearing by a specified date, the community development director shall hold a noticed public hearing on the application consistent with this chapter.

C.

If no request for a public hearing is received by the specified date, the community development director shall act on the application without a public hearing.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

After the completion of any environmental document required by the California Environmental Quality Act (CEQA), and a development services department staff report, a matter requiring a public hearing shall be scheduled on the next available agenda reserved for public hearings, but no sooner than any minimum time period established by state law.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.104.120 - Hearing procedure.

A.

General. Hearings shall be conducted in a manner consistent with the procedures adopted or endorsed by the hearing body.

B.

Time and Place of Hearing. A hearing shall be held at the date, time, and place for which notice was given, unless the required quorum of hearing body members is not present.

C.

Continued Hearing. Any hearing may be continued from time to time without further notice, provided that the chair of the hearing body announces the date, time, and place to which the hearing will be continued before the adjournment or recess of the hearing.

D.

Motion of Intent. The hearing body may announce a tentative decision, and defer action on a final decision until appropriate findings and conditions of approval have been prepared.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

After a public hearing resulting in a recommendation to another hearing body, the recommendation shall be forwarded to the other hearing body.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.104.140 - Decision and notice.

A.

Date of Action. With the exception of appeals to the city council, the hearing body shall take action on the matter being considered following the close of the public hearing. The hearing body shall also take action on projects within the following timeframe as required by the California Environment Quality Act (CEQA):

1.

Within sixty days of the date a negative declaration or mitigated negative declaration has been adopted for project approval, the city shall take action on the accompanying discretionary project.

2.

Within one hundred eighty days from the date the decision-making authority certifies a final environmental impact report (EIR), the city shall take action on the accompanying discretionary project.

B.

Decision.

1.

The hearing body may announce and record its decision on the matter being considered at the conclusion of a scheduled hearing, or make a motion of intent and continue the matter to a later meeting agenda.

2.

At the conclusion of a hearing conducted by the community development director, the community development director may choose to refer the matter to the planning commission for review and final decision. Referral to the planning commission may be chosen in cases of unusual public sensitivity, controversy, or complexity relating to the requested approval.

C.

Notice of Decision.

1.

Following a final decision, the development services department shall provide notice of the final action to the applicant and to any person who specifically requested notice of the final action.

2.

Notice of a final action shall contain applicable findings, conditions of approval, reporting and monitoring requirements, and the procedure for appeal of the decision.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

The review authority may attach conditions of approval to a permit application to achieve consistency with the general plan, zoning code, and any applicable specific plan or area plan adopted by the city council.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

City Council Decision. A decision of the city council is final and shall be effective on the date the decision is rendered.

B.

Other Decisions. The decision of the community development director or planning commission is final and effective after five p.m. on the tenth day following the date the decision is rendered, when no appeal to the decision has been filed in compliance with Chapter 18.112 (Appeals).

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2341 N.S., § 15, 2-15-2023)

18.104.170 - Issuance of permits.

Permits shall not be issued until the effective date, provided that no appeal of the review authority's decision has been filed in compliance with Chapter 18.112 (Appeals).

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.104.180 - Conformance to approved plans.

A.

Compliance. All work performed under an approved permit shall be in compliance with the approved drawings and plans and any conditions of approval imposed by the review authority.

B.

Changes. Changes to an approved project shall be submitted and processed in compliance with Section 18.104.200 (Changes to an Approved Project) below.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.104.190 - Performance guarantees.

A.

Security Required. The community development director may require an applicant to provide adequate security to guarantee the proper completion of any approved work or compliance with any conditions of approval.

B.

Form of Security. The security shall be in the form of cash, a certified or cashier's check, or a performance bond executed by the applicant and a corporate surety authorized to do business in California and approved by the city.

C.

Amount of Security. The community development director shall determine the amount of the security necessary to ensure proper completion of the approved work or compliance with any conditions of approval.

D.

Duration of Security. The security shall remain in effect until all work has been completed and conditions fulfilled to the satisfaction of the community development director or until a specified warranty period has elapsed.

E.

Release of Security. The security deposit shall be released upon completion of the approved work or compliance with any conditions of approval.

F.

Failure to Comply.

1.

Upon failure to complete any work or comply with conditions, the city may complete the work or fulfill the condition, and may collect from the applicant or surety all costs incurred, including administrative, engineering, legal, and inspection costs.

2.

Any unused portion of the security shall be refunded to the funding source.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

An approved project shall be established only as approved by the review authority, except when changes to the project are approved in compliance with this section.

A.

Request for a Change. An applicant shall request desired changes in writing, and shall submit appropriate supporting materials and an explanation for the request.

B.

Notice and Hearing. If the original approval required a noticed public hearing, a noticed public hearing is required for the requested change, except as allowed by subsection C (Minor Changes).

C.

Minor Changes. The community development director may authorize minor changes to an approved project if the changes comply with all of the following criteria:

1.

The requested changes are consistent with the zoning code.

2.

The requested changes are consistent with the spirit and intent of the original approval.

3.

The requested changes do not involve a feature of the project that was a basis for findings in a negative declaration, mitigated negative declaration, or environmental impact report for the project.

4.

The requested changes do not involve a feature of the project that was a basis for conditions of approval for the project.

5.

The requested changes do not involve a feature of the project that was a specific consideration by the review authority in granting the approval.

6.

The requested changes do not involve any expansion, intensification, or increase in size of the land use or structure.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.104.210 - Time limits and extensions.

A.

Expiration of Permit.

1.

A permit not exercised within two years shall expire and become void, except where an extension of time is approved as allowed by Subsection C (Extension of Time) below.

2.

A permit shall expire and become void if the permitted land use ceases for one year or longer.

B.

Exercised Defined. A permit or approval shall be considered exercised when:

1.

A building permit is issued and construction has commenced;

2.

A certificate of occupancy is issued; or

3.

The land use is established.

C.

Extension of Time. The community development director may approve extensions to a permit in the following manner:

1.

The community development director may approve up to two two-year extensions (four years total) to a permit.

2.

The applicant shall submit to the development services department a written request for an extension of time no later than ten days before the expiration of the permit.

3.

The community development director may extend the permit if the applicant has proceeded in good faith and has exercised due diligence in efforts to exercise the permit in a timely manner.

4.

The burden of proof is on the applicant to demonstrate that the permit should be extended.

5.

The community development director may choose to refer any extension of time requests to the planning commission for review and final decision.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Resubmittals Prohibited. For a period of twelve months following the denial or revocation of a permit, the city shall not accept an application for the same or substantially similar permit for the same site, unless the

denial or revocation was made without prejudice, and so stated in the record.

B.

Determination. The community development director shall determine whether the new application is for a permit which is the same or substantially similar to the previously denied or revoked permit.

C.

Appeal. The determination of the community development director may be appealed to the planning commission, in compliance with Chapter 18.112 (Appeals).

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

Permits issued in compliance with the zoning code remain valid upon change of ownership of the site, structure, or land use that was the subject of the permit application.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

Any discretionary permit may be revoked as provided for in this section.

A.

Review Authority.

1.

A permit may be revoked by the review authority which originally approved the permit.

2.

In instances where the community development director was the approval authority, the community development director may choose to refer any action to revoke a permit to the planning commission for review and final decision.

B.

Property Owner Notification. Prior to initiating proceedings to revoke a permit, the community development director shall notify the property owner of the permit violations, identify necessary corrections, and establish a reasonable period within which the property owner shall correct the violations. If the property owner has not corrected the violation within the specified period of time, the city may proceed with the process to revoke the permit.

C.

Public Notice and Hearing. Public notice and hearing for any action to revoke a permit shall be provided in compliance with Section 18.104.090 (Notice of Hearing).

D.

Findings. The review authority may revoke a permit only if one or more of the following findings can be made:

1.

The applicant or property owner has altered the circumstances under which the permit was granted to a degree that one or more of the findings required to grant the original permit can no longer be made.

2.

Permit issuance was based on misrepresentation by the applicant, either through the omission of a material statement in the application, or in public hearing testimony.

3.

One or more conditions of approval have been violated, or have not been complied with or fulfilled.

4.

The use or structure for which the permit was granted no longer exists or ceases for a continuous period of at least twelve months.

5.

The applicant or property owner has failed or refused to allow inspections for compliance.

6.

Improvements authorized by the permit are in violation of the zoning code or any law, ordinance, regulation, or statute.

7.

The use or structure is being operated or maintained in a manner which constitutes a nuisance.

E.

Effect of Revocation. The revocation of a permit shall have the effect of terminating the approval and denying the privileges granted by the permit.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

Chapter 18.108 - SPECIFIC PERMIT REQUIREMENTS

This chapter identifies procedures for specific types of permits and approvals required by the zoning code.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.108.020 - Administrative use permits.

A.

Purpose. An Administrative Use Permit is required for land uses that are generally appropriate within a district, but potentially undesirable on a particular parcel or in large numbers. An administrative use permit is a discretionary action that enables the community development director to ensure that a proposed use is consistent with the general plan and will not create negative impacts to adjacent properties or the general public.

B.

When Required. Land uses that require an administrative use permit are shown in the land use regulation tables for each zoning district found in Part 2 (Zoning District Standards).

C.

Review Authority. The community development director takes action on Administrative Use Permit applications. The community development director may refer any administrative use permit application to the planning commission for review and final decision.

D.

Public Notice and Hearing. Public notice of a pending action on an administrative use permit application shall be provided in compliance with Section 18.104.100 (Notice of Pending Action). The community development director shall hold a public hearing for a minor use permit application only upon receiving a written request for a public hearing as provided in Section 18.104.090.

E.

Findings for Approval. To approve an administrative use permit, the review authority shall make all of the following findings:

1.

The proposed use is allowed in the applicable district.

2.

The proposed use is consistent with the general plan, zoning code, and any applicable specific plan or area plan adopted by the city council.

3.

The site is suitable and adequate for the proposed use.

4.

The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and future land uses in the vicinity of the property.

The proposed use will not be detrimental to the public health, safety, and welfare.

6.

The proposed use would not have a substantial adverse effect in traffic circulation and on the planned capacity of the street system.

7.

The proposed use is properly located within the city and adequately served by existing or planned services and infrastructure.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Purpose. A conditional use permit is required for land uses that are generally appropriate within a district, but potentially undesirable on a particular parcel or in large numbers. A conditional use permit is a discretionary action that enables the planning commission to ensure that a proposed use is consistent with the general plan and will not create negative impacts to adjacent properties or the general public.

B.

Review Authority. The planning commission shall review and act on all conditional use permit applications.

C.

When Required. Land uses that require a conditional use permit are shown in the land use regulation tables for each zoning district found in Part 2 (Zoning Districts and Overlay Zones).

D.

Public Notice and Hearing. The planning commission shall review and act on a conditional use permit application at a noticed public hearing in compliance with Chapter 18.104 (Common Permit Requirements).

E.

Findings for Approval. To approve a conditional use permit, the planning commission shall make all of the following findings:

1.

The proposed use is allowed in the applicable district.

The proposed use is consistent with the general plan, zoning code, and any applicable specific plan or area plan adopted by the city council.

3.

The site is suitable and adequate for the proposed use.

4.

The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and future land uses in the vicinity of the property.

5.

The proposed use will not be detrimental to the public health, safety, and welfare.

6.

The proposed use would not have a substantial adverse effect in traffic circulation and on the planned capacity of the street system.

7.

The proposed use is properly located within the city and adequately served by existing or planned services and infrastructure.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Purpose. A design permit is a discretionary action that enables the city to ensure that proposed development exhibits high quality design consistent with the general plan and any other applicable specific plan or area plan adopted by the city council. The design permit process is also intended to ensure that new development and uses are compatible with their surroundings and minimize negative impacts on neighboring properties.

B.

Review Authority.

1.

Except as provided below, the community development director shall review and act on all design permit applications.

2.

The community development director may elevate any design permit application under their authority to the planning commission for review and final decision.

3.

The city council shall review and act on all design permit applications for new city projects (e.g., new municipal buildings, parks) determined by the community development director to be significant in accordance with Subsection D below.

4.

Except for new city projects, the planning commission shall act on any design permit application for any other projects determined by the community development director to be significant in accordance with Subsection D below.

C.

When Required. The following types of projects require a design review permit:

1.

Three or more new residential units.

2.

One or more new residential unit on a sensitive site as defined in Subsection E (Sensitive Sites) below.

3.

New non-residential buildings, structures physical site improvements determined to be significant in accordance with Subsection D (Significant Projects) below.

4.

Additions to existing buildings, structures, or other physical site improvements visible from a public rightof-way and determined to be significant in accordance with Subsection D (Significant Projects) below. Single-family homes are exempt unless the home is on a sensitive site as defined in Subsection E below.

5.

Additions to existing residences located on a sensitive site as defined in Subsection E below.

6.

Site alterations that change the topography of the currently developed site area on a sensitive site as defined in Subsection E below.

7.

Relocation of existing buildings, structures or other physical site improvements.

8.

Exterior changes to existing buildings, structures or other site improvements determined to be significant in accordance with Subsection D (Significant Projects) below. Single-family homes are exempt unless the home is on a sensitive site as defined in Subsection E below.

9.

Grading of more than fifty cubic yards on slopes greater than ten percent.

10.

New accessory structures including secondary dwelling units or guest homes on a sensitive site as defined in Subsection E below.

11.

City projects, including, but not limited to, municipal buildings, parks and open spaces, landscaping within the right-of-way, and street furniture.

12.

Other projects determined by the community development director to be significant or which may adversely affect the environment or adjacent development.

D.

Significant Projects.

1.

The community development director shall determine whether a project in Subsection C above is significant and thus requires a design review permit. When determining if a project is significant, the community development director shall consider:

a.

The visual prominence of the project when viewed from the public right-of-way and/or private property;

b.

The project height, mass, and area of site disturbance;

c.

The type, character, and proximity of adjacent development; and

d.

The potential of the project to create adverse impacts on adjacent uses or the community at large.

2.

Any structure with more than seventy-five thousand square feet of floor area or a building height greater than forty feet, not including projections allowed by-right under Table 18.56-1, is presumed to be significant for purposes of this chapter.

3.

Any residential development of more than one hundred units is presumed significant for purposes of this chapter.

4.

The community development director's determination that a project is significant may be appealed to the planning commission in accordance with Chapter 18.112 (Appeals).

E.

Sensitive Sites.

1.

The community development director may require a design permit for a project located on a sensitive site where a design permit may not otherwise be required.

2.

The community development director's determination that a site is sensitive and that a design permit is required may be appealed to the planning commission in accordance with Chapter 18.112 (Appeals).

3.

The city shall consider a site to be sensitive if the site:

a.

Contains a notable natural feature such as a hillside, ridgeline, watercourse, major drainage way or floodplain.

F.

Exempt Projects. In all cases the following projects shall be exempt from the requirement to obtain a design permit:

1.

Building additions less than five hundred square feet which will not be visible from a public right-of-way.

2.

Exterior modifications to existing buildings that are not visible from any public right-of-way.

Parking lot resurfacing and re-striping, or minor alterations to parking lots, provided the number of spaces is not reduced or the property provides the minimum number of on-site parking spaces as required by Chapter 18.72 (Parking and Loading).

4.

Replacement or addition of existing windows, doors, or roofing materials.

5.

Repainting or retexturing exterior building walls with similar or higher quality materials.

6.

Addition of plant material and/or planter areas that occupy less than 20 percent of the site or removal or modification of a minor amount of existing landscape area.

7.

Replacement of existing awnings or trellises, or the addition of an awnings or trellises less than five feet in width.

8.

Replacement of existing walls and fencing.

9.

Addition, relocation, or replacement of trash enclosures, mechanical screens, and light fixtures.

10.

Remodel or addition of ramps, pathways or parking to accommodate the requirements of federal, state or local accessibility laws.

11.

Murals with or without signage that comply with Chapter 18.88 (Signs) and any applicable specific plan or area plan.

12.

Other projects determined by the community development director to be a minor or incidental modification to an existing building, structure, or site feature.

G.

Public Notice and Hearing.

Public notice of a pending action on a design permit application reviewed by the community development director shall be provided in compliance with Section 18.104.100 (Notice of Pending Action). The community development director shall hold a public hearing for a design permit application only upon receiving a written request for a public hearing as provided in Section 18.104.10.

2.

The planning commission and city council shall review and act on a Design Permit application at a noticed public hearing in compliance with Chapter 18.104 (Common Permit Requirements).

H.

Design Review Criteria. When considering design permit applications, the city shall evaluate applications to ensure that they satisfy the following criteria, comply with the development standards of the zoning district, conform to policies of the general plan and any applicable specific plan, and are consistent with any other policies or guidelines the city council may adopt for this purpose. To obtain design permit approval, projects must satisfy these criteria to the extent they apply.

1.

Community Character. The overall project design including site plan, height, massing, architectural style, materials, and landscaping contribute to Morgan Hill's unique small-town character and distinctive sense of place.

2.

Neighborhood Compatibility. The project is designed to respect and complement adjacent properties. The project height, massing, and intensity is compatible with the scale of nearby buildings. The project design incorporates measures to minimize traffic, parking, noise, and odor impacts on nearby residential properties.

3.

Pedestrian Environment. Buildings incorporate design features that support an active public realm and an inviting pedestrian environment.

4.

Privacy. The orientation and location of buildings, entrances, windows, doors, decks, and other building features minimizes privacy impacts on adjacent properties and provides adequate privacy for project occupants.

5.

Safety. The project promotes public safety and minimizes opportunities for crime through design features such as property access controls (e.g., placement of entrances, fences), increased visibility and features that promote a sense of ownership of outdoor space.

Massing and Scale. The massing and scale of buildings complement and respect neighboring structures and correspond to the scale of the human form. Large volumes are divided into small components through varying wall planes, heights, and setbacks. Building placement and massing avoids impacts to public views and solar access.

7.

Architectural Style. Buildings feature an architectural style that is compatible with the surrounding built and natural environment, is an authentic implementation of appropriate established architectural styles, and reflects Morgan Hill's unique small-town character.

8.

Articulation and Visual Interest. Building facades are well articulated to add visual interest, distinctiveness, and human scale. Building elements such as roofs, doors, windows, and porches are part of an integrated design and relate to the human scale. Architectural details such as trim, eaves, window boxes, and brackets contribute to the visual interest of the building.

9.

Materials. Building facades include a mix of natural, high-quality, and durable materials that are appropriate to the architectural style, enhance building articulation, and are compatible with surrounding development.

10.

Parking and Access. Parking areas are located and designed to minimize visual impacts and support a pedestrian-friendly environment. Safe and convenient connections are provided for pedestrians and bicyclists.

11.

Landscaping. Landscaping is an integral part of the overall project design, is appropriate to the site and structures, and enhances the surrounding area.

12.

Open Space and Public Places. Single-family dwellings feature inviting front yards that enhance Morgan Hill's residential neighborhoods. Multifamily residential projects include public and private open space that is attractive, accessible, and functional. Non-residential development provides semi-public outdoor spaces, such as plazas and courtyards, which help support pedestrian activity within an active and engaging public realm.

13.

Signs. The number, location, size, and design of signs complement the project design and are compatible with the surrounding context.

Lighting. Exterior lighting is an integral part of the project design with light fixtures designed, located, and positioned to minimize illumination of the sky and adjacent properties.

15.

Accessory Structures. The design of detached garages, sheds, fences, walls, and other accessory structures relate to the primary structure and are compatible with adjacent properties.

16.

Mechanical Equipment, Trash Receptacles, and Utilities. Mechanical equipment, trash receptacles, and utilities are contained within architectural enclosures or fencing, sited in unobtrusive locations, and/or screened by landscaping.

I.

Residential Design Criteria. In addition to the criteria in Subsection H above, new medium density residential development that requires a design permit shall also comply with the design criteria in Chapter 18.40 (Alternative Standards for Medium Density Residential Development).

J.

Findings for Approval. To approve a design permit, the review authority shall make all of the following findings:

1.

The proposed project is consistent with the general plan and any applicable specific plan, area plan, or other design policies and regulations adopted by the city council.

2.

The proposed project complies with all applicable provisions of the zoning code and municipal code.

3.

The proposed project substantially complies with all applicable design standards and guidelines contained in the design review handbook.

4.

The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA).

5.

The proposed development will not be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity.

6.

The proposed project complies with all applicable design review criteria in Subsection H above.

7.

For new residential development, the project complies with commitments made through the residential development control system (RDCS).

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2317, N.S., § 2, 11-18-2020; Ord. No. 2327 N.S., § 18, 12-15-2021; Ord. No. 2352, § 15, 4-24-2024)

18.108.050 - Historic alteration permit.

See Section 18.60.080 (Historic Alteration Permits).

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.108.060 - Historic demolition or relocation permit.

See Section 18.60.090 (Historic Demolition or Relocation Permits).

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.108.070 - Minor Exceptions

A.

Purpose. A minor exception allows for small deviations from development standards to accommodate projects which meet the needs of property owners, are consistent with the purpose of the zoning code and general plan, and do not negatively impact neighboring properties or the community at large.

B.

When Allowed.

1.

Permitted Exceptions. The city may approve a minor exception to allow for the following physical development standards:

a.

Maximum fence and wall height as allowed by Section 18.52.050 (Exceptions to Height Limits)

b.

Minimum setbacks as allowed by Section 18.56.030 (Setback Exceptions)

c.

Maximum lot coverage as allowed by Section 18.56.040 (Lot Coverage Exceptions)

d.

Up to ten percent of the minimum lot width in the applicable zoning district to facilitate the subdivision of an existing infill lot of record from one to two lots.

e.

Maximum building height as allowed by Section 18.56.020 (Height Exceptions)

f.

Number of required on-site parking spaces and dimensional standards for parking spaces, driveways, parking lots, and loading areas as allowed by Section 18.72.060.K (Adjustments to Parking Design and Development Standards).

g.

Other similar dimensional standards up to ten percent of the required standard with planning commission approval.

2.

Excluded Modifications. The city may not approve minor exception for:

a.

Lot area or depth;

b.

Minimum number of off-street parking spaces;

c.

Maximum residential density; and

d.

Maximum floor area ratio (FAR).

C.

Review Authority.

1.

The community development director shall review and take action on minor modifications applications listed in Paragraph B.1(a) through B.1(e) above.

2.

Planning commission shall review and take action on all other requested exceptions as allowed by Paragraph B.1(f) above.

D.

Public Notice and Hearing.

1.

Public notice of a pending action on a minor exception application reviewed by the community development director shall be provided in compliance with Section 18.104.100 (Notice of Pending Action). The community development director shall hold a public hearing for a minor exception application only upon receiving a written request for a public hearing as provided in Section 18.104.100.

2.

The planning commission shall review and act on a minor exception application at a noticed public hearing in compliance with Chapter 18.104 (Common Permit Requirements).

E.

Findings for Approval. To approve a minor exception application, the review authority shall make all of the following findings:

1.

The exception will be compatible with adjacent structures and uses and is consistent with the character of the neighborhood or district where it is located.

2.

The exception will not adversely impact neighboring properties or the community at large.

3.

The exception is necessary due to unique characteristics of the subject property, structure, or use.

4.

The modification is consistent with the purpose of the zoning district, the general plan, and any applicable specific plan or area plan adopted by the city council.

5.

The exception will not establish an undesirable precedent.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

See Section 18.88.030.A (Sign Permits).

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.108.090 - Temporary use permits.

A.

Purpose. A temporary use permit is a discretionary permit to allow short term activities that are compatible with surrounding uses and when conducted in compliance with this section and Section 18.92.150 (Temporary Uses and Structures).

B.

When Required. Types of temporary uses requiring a temporary use permit are identified in Section 18.92.150.C (Temporary Uses Requiring a Use Permit).

C.

Timing of Application. Applications for a temporary use permit shall be submitted a minimum of thirty days prior to the establishment of the temporary use.

D.

Review Authority. The community development director shall review and act on all temporary use permit applications.

E.

Public Notice and Hearing. Public notice and hearing is not required for the community development director's decision on a temporary use permit application.

F.

Findings for Approval. To approve a temporary use permit, the community development director shall make all of the following findings:

1.

The proposed temporary use is consistent with the general plan, zoning code, and any applicable specific plan or area plan adopted by the city council.

2.

The location, size, design, and operating characteristics of the proposed temporary use will be compatible with the land uses in the vicinity of the property.

3.

The proposed temporary use will not be detrimental to the public health, safety, and welfare.

4.

The site for the proposed temporary use is adequate in size and shape to accommodate the temporary use without negatively impacting properties adjacent and near to the site.

The site for the proposed temporary use is adequately served by streets and parking areas to accommodate the proposed temporary use.

G.

Conditions of Approval. The community development director may impose conditions on the approval of a temporary use permit to ensure consistency with this section and the zoning code. Such conditions may include, but are not limited to the following:

1.

Provision for temporary parking facilities, including vehicle ingress and egress.

2.

Measures to prevent or reduce nuisance factors such as glare, excessive illumination, noise, vibration, smoke, dust, dirt, odors, gases, and heat.

3.

Regulation of placement, height, size, and location of structures, facilities, landscaping and equipment, including provision for buffering and separation.

4.

Provision for sanitary facilities and for waste collection and disposal.

5.

Measures to promote safety and security.

6.

Regulation of signs and other attention-gaining devices.

7.

Regulation of operating hours and duration of the temporary use.

8.

Regulation of the hours and duration of set-up and dismantling activities.

9.

Any other conditions that will ensure the operation of the proposed temporary use is conducted in an orderly, efficient manner and in accordance with the intent and purpose of the zoning code.

H.

Hold Harmless Agreement. As a condition of approval for a temporary use permit, the applicant shall agree in writing to indemnify, defend, and hold harmless the city, its officers, officials, agents, and employees from any liability or claims for damages due to the granting of the temporary use permit or on account of injury to any person, loss of life, or damage to property caused by, or arising out of, activities authorized by the temporary use permit.

I.

Cash Deposit.

1.

For temporary uses that physically changes, alters and/or improves a site, the applicant shall submit to the city a cash deposit prior to the issuance of the temporary use permit. The cash deposit shall be an adequate amount, as approved by the community development director, to defray the cost of cleaning the site if the applicant fails to leave the property in a presentable and satisfactory condition and to guarantee removal of any temporary uses or structures. The cash deposit shall be a minimum of five hundred dollars.

2.

After completion of the temporary use, the city shall inspect the site and determine if it has been returned to a presentable and satisfactory condition. The city shall return the cash deposit to the applicant upon finding that the deposit is not needed to clean the site or remove any temporary use of structures.

3.

If an applicant does not return the site to a presentable and satisfactory condition, the city may use all or some of the cash deposit to clean the site or remove any temporary use of structures.

4.

The community development director may waive this cash deposit requirement upon finding that the requirement would be an unnecessary hardship for the applicant.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2341 N.S., §§ 16, 17, 2-15-2023)

18.108.100 - Variances.

A.

Purpose. A Variance is a discretionary permit that allows for deviation from physical development standards in the zoning code. The city may grant a variance only when the strict application of development standards creates a unique hardship due to unusual circumstances associated with the property.

B.

When Allowed.

Allowable Variances. The city may grant a variance to allow for deviation from any physical development standard that applies to the subject property. Examples of physical development standards include height, setbacks, open space, floor area ratio (FAR), and off-street parking requirements.

2.

Variances Not Allowed. A variance may not be granted to:

a.

Permit a use other than a use permitted in the zoning district as specified in Part 2 (Zoning District Standards).

b.

Reduce the minimum lot size for single-family dwellings or minimum site area per dwelling unit requirements for multifamily developments.

c.

Allow deviation from a requirement of the general plan.

C.

Review Authority. The planning commission shall review and take action on all variance applications.

D.

Public Notice and Hearing. The planning commission shall review and act on a variance application at a noticed public hearing in compliance with Chapter 18.104 (Common Permit Requirements).

E.

Findings for Approval. To approve a variance, the planning commission shall make all of the following findings:

1.

There are unique circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, that do not generally apply to other properties in the vicinity or in the same zone as the subject property.

2.

The strict application of the zoning code requirements would deprive the subject property of privileges enjoyed by other property in the vicinity or in the same zone as the subject property.

3.

The variance is necessary to preserve a substantial property right possessed by other property in the vicinity or in the same zone as the subject property.

4.

The variance will not be materially detrimental to the public health, safety, or welfare, or be injurious to the property or improvements in the vicinity or in the same zone as the subject property.

5.

The variance does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity or in the same zone as the subject property.

F.

Precedent. The approval of a variance shall not set the precedent for the granting of any future variance. Each application shall be considered only on its individual merits.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Purpose. A zoning clearance is a ministerial procedure used by the development services department to verify that a proposed use, structure, or business complies with the zoning code. Zoning clearances are processed as part of a building permit, grading permit, or business license application and do not require the submittal of a separate permit application.

B.

When Required. A zoning clearance is required prior to the issuance of any building permit, grading permit, or businesses license.

C.

Review Authority. The development services department shall take action on all zoning clearances.

D.

Public Notice and Hearing. No public notice or hearing is required for a zoning clearance.

E.

Review and Action. The development services department shall review building permit, grading permit, and business license applications to verify compliance with the zoning code. If the project complies with the zoning code, the department shall approve the zoning clearance. Department staff shall attach a record of the approved zoning clearance to the approved building permit, grading permit, or business license application.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

Chapter 18.112 - APPEALS

This chapter establishes procedures for the appeal of actions and decisions made by the planning commission and the community development director. This chapter supplements general procedures for appeals to the city council in municipal code Chapter 1.20 (Appellate Procedure). In the case of any conflict between this chapter and Chapter 1.20, this chapter governs.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.112.020 - Appeal subjects and jurisdiction.

A.

Community Development Director Decisions. Any decision or interpretation of the community development director may be appealed to the planning commission.

B.

Planning Commission Decisions. Any decision of the planning commission may be appealed to the city council.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.112.030 - Filing and processing of appeals.

A.

Eligibility. Any person may submit an appeal of a decision by the community development director or the planning commission. City officials and employees may appeal decisions as affected residents.

B.

Timing of Appeal. An appeal shall be filed within ten calendar days following the date the decision was rendered, unless a longer appeal period is specified as part of the project approval.

C.

Form of Appeal.

1.

An appeal shall be submitted in writing to the development services department on an official city application form together with all required application fees.

2.

The appeal application shall state the pertinent facts and the basis for the appeal.

3.

The whole decision or part of the decision may be appealed. If an appellant chooses, an appeal may be taken solely from any finding, action, or condition.

D.

Effect of Appeal. Once an appeal is filed, any action on the associated project is suspended until the appeal is processed and a final decision is rendered by the review authority.

E.

Report and Scheduling of Hearing.

1.

When an appeal has been filed, the development services department shall prepare a report on the matter, including all of the application materials in question, and schedule the matter for a public hearing by the appropriate review authority within ninety days of receiving the appeal.

2.

Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Section 18.104.090 (Notice of Hearings).

3.

Any interested person may appear and be heard regarding the appeal.

4.

All appeals on a single project shall be considered together at the same hearing.

F.

Hearing and Decision.

1.

During the appeal hearing, the review authority may take action on the subject of the appeal or any aspect of the appealed project (de novo review). The review authority shall make its own decision supported by findings.

2.

The review authority's decision may:

a.

Affirm, affirm in part, or reverse the action that is the subject of the appeal;

b.

Adopt additional conditions of approval that address the matter appealed; or

c.

Remand the appeal for further review, recommendation, or action to the previous review authority.

3.

The review authority's action shall be based upon findings of fact about the particular case. The findings shall identify the reasons for the action on the appeal and verify the compliance of the subject of the appeal with the zoning code.

4.

A matter being heard on appeal may be continued for good cause (e.g., additional California Environmental Quality Act (CEQA) review is required).

5.

If the hearing body is unable to reach a decision on the matter appealed, the appeal and the decision of the previous review authority shall remain in effect.

G.

Effective Date of Appeal Decision.

1.

City Council's Decision. A decision of the city council on an appeal is final and shall be effective on the date the decision is rendered.

2.

Other Decisions. A decision of the planning commission is final and effective after five p.m. on the tenth calendar day following the date the decision is rendered, when no appeal to the decision or call for review has been filed in compliance with this chapter. In the event the completion of the appeal period falls on a weekend or holiday, the decision shall become effective after five p.m. on the first business day following the completion of the appeal period.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2327 N.S., § 19, 12-15-2021)

18.112.040 - Calls for review.

A.

City Council Review. City Council may call for a review of any decision of the Community Development Director or Planning Commission.

B.

Initiation. One or more members of the city council may initiate a call for review by filing a written request with the development services department within ten days following the date of the decision. The applicant of the matter called for review shall be notified within ten days of the initiation of a call for review.

C.

Effect of Calls for Review.

1.

Once a call for review is initiated, any action on the associated project is suspended until a final decision is rendered by the city council.

2.

The filing of a call for review does not extend the time in which an appeal of a decision may be filed; the normal appeal period will continue to run.

3.

Where a call for review only applies to a limited issue, an individual may still appeal all or another part of a decision.

D.

Report and Scheduling of Hearing.

1.

When a call for review has been initiated, the development services department shall prepare a report on the matter, including all of the application materials in question. The department shall schedule the matter for a public hearing by the city council within ninety days of receiving the call for review.

2.

Notice of the hearing shall be provided, and the hearing shall be conducted in compliance with Section 18.104.090 (Notice of Hearings).

3.

Any interested person may appear and be heard regarding the call for review.

E.

Hearing and Decision.

1.

During the public hearing, the city council may consider any issue involving the matter called for review, in addition to the specific grounds for the call for review. The city council may:

a.

Affirm, affirm in part, or reverse the action that is the subject of the call for review; or

b.

Adopt additional conditions of approval that may address issues or concerns.

2.

The city council's action shall be based upon findings of fact about the particular case. The findings shall identify the reasons for the action on the matter called for review, and verify the compliance of the matter with the zoning code.

3.

Within sixty days of the initial public hearing on the call for review, the city council shall render its decision on the matter, unless it is continued for good cause (e.g., additional CEQA review is required).

4.

If the city council is unable to reach a decision on the matter under review, the decision of the previous review authority shall remain in effect.

F.

Effective Date of Review Decision. A decision of the city council is final and shall be effective on the date the decision is rendered.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

No person may seek judicial review of a city decision on a permit or other matter in compliance with the zoning code until all appeals to the planning commission and city council have been exhausted.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

Chapter 18.114 - ZONING CODE AMENDMENTS

This chapter establishes procedures for amending the zoning code and zoning map. All amendments to the zoning code shall be processed as set forth in Government Code Section 65853 et seq. and as specified in this chapter.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Zoning Map Amendment. A request for an amendment to the Zoning Map may be initiated by:

1.

The city council;

2.

The planning commission;

3.

The community development director; or

4.

One or more owners of the property for which the amendment is sought.

B.

Zoning Code Text Amendment. A request for an amendment to the text of the zoning code may be initiated by the following:

1.

The city council;

2.

The planning commission;

3.

The community development director; or

4.

Any resident, property owner, or business owner in the city.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

An application for a zoning code amendment shall be filed and reviewed in compliance with Chapter 18.104 (Common Permit Requirements). The application shall include the information and materials required by the development services department, together with all required application fees. For amendments submitted by a resident, property owner, or business owner, it is the responsibility of the applicant to provide evidence in support of the findings required by Section 18.114.060 (Findings for Approval).

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

General. The planning commission shall hold a public hearing on a proposed zoning map amendment and zoning code amendment in compliance with Section 18.104.090 (Notice of Hearings).

B.

Recommendation of Approval. The planning commission may recommend to the city council the approval or conditional approval of the proposed zoning map amendment or zoning code amendment, based upon the findings specified in Section 18.114.060 (Findings for Approval). The planning commission shall forward a written recommendation, and the reasons for the recommendation, to the city council within 90 days after the date the hearing was closed to the public. A recommendation for approval shall be made by a majority vote of the total membership of the planning commission.

C.

Denial. The planning commission may deny the proposed zoning code amendment based upon the findings specified in Section 18.114.060 (Findings for Approval). For a zoning map amendment, if the action of the planning commission is to recommend denial, the city council is not required to take further action on the proposed amendment unless an interested party requests a hearing in writing with the city clerk within ten days after the planning commission recommendation is filed with the city council.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.114.050 - City council hearing and action.

A.

General. After receipt of the planning commission's recommendation to approve a proposed zoning code amendment or zoning map amendment, the city council shall hold a public hearing on the proposal in compliance with Section 18.104.090 (Notice of Hearing).

B.

Approval or Denial. The city council may approve, conditionally approve, or deny the proposed zoning code amendment or zoning map amendment based upon the findings specified in Section 18.114.060 (Findings for Approval).

C.

Finality of Action. The action by the city council shall be made by a majority vote of the total membership of the city council and shall be final and conclusive.

D.

Referral to Planning Commission. If the city council proposes to adopt a substantial modification to the zoning code amendment not previously considered by the planning commission, the proposed modification shall be first referred to the planning commission for its recommendation.

E.

Failure to Report. The failure of the planning commission to report back to the city council within forty days after the reference, or within the time set by the city council, shall be deemed a recommendation of approval.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

The city council may approve a zoning code amendment or zoning map amendment only if all of the following findings are made:

A.

Findings for all Zoning Code and Zoning Map Amendments.

1.

The proposed amendment is consistent with the general plan and any applicable specific plan as provided by Government Code Section 65860.

2.

The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the city.

B.

Additional Finding for Zoning Code Text Amendments. The proposed amendment is internally consistent with other applicable provisions of the zoning code.

C.

Additional Finding for Zoning Map Amendments. The affected site is physically suitable in terms of design, location, shape, size, and other characteristics to ensure that the permitted land uses and development will comply with the zoning code and general plan and contribute to the health, safety, and welfare of the property, surrounding properties, and the community at large.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A Zoning Code Amendment becomes effective thirty days following the adoption of the ordinance by the city council.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

If the city denies a zoning code or zoning map amendment, the city may not accept an application for the same or substantially similar zoning code or zoning map amendment for one year following such denial, except in the following cases:

A.

Upon initiation by the city council or planning commission;

B.

The application requests a rezoning to a different zoning district than that previously requested; or

C.

When the previous application was denied because the proposed amendment would not conform with the general plan, and the general plan has subsequently been amended in a manner which will allow the proposed amendment.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

Chapter 18.115 - GENERAL PLAN AMENDMENTS

This chapter establishes procedures for amending the General Plan text (e.g., goals, policies, or implementation programs) or to change the General Plan land use designation on any parcel(s).

(Ord. No. 2319 N.S., § 11, 1-20-2021)

A general plan amendment may be initiated by motion of the planning commission or city council, by application of property owner(s) of parcel(s) to be affected by the general plan amendment, or by recommendation of the development services director 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.

(Ord. No. 2319 N.S., § 11, 1-20-2021)

An application for a general plan amendment shall be filed and reviewed in compliance with Chapter 18.104 (Common Permit Requirements). The application shall include the information and materials required by the development services department, together with all required application fees. For amendments submitted by a resident, property owner, or business owner it is the responsibility of the applicant to provide evidence in support of the findings required by Section 18.115.060 (Findings for Approval).

(Ord. No. 2319 N.S., § 11, 1-20-2021)

18.115.040 - Planning commission hearing and action.

A.

General. The planning commission shall hold a public hearing on a proposed general plan amendment in compliance with Section 18.104.090 (Notice of Hearings).

B.

Recommendation of Approval. The planning commission may recommend to the city council the approval or conditional approval of the proposed general plan amendment, based upon the findings specified in Section 18.115.060 (Findings for Approval). The planning commission shall forward a written recommendation, and the reasons for the recommendation, to the city council within ninety days after the date the hearing was closed to the public. A recommendation for approval shall be made by a majority vote of the total membership of the planning commission.

C.

Denial. The planning commission may deny the proposed general plan amendment based upon the findings specified in Section 18.118.060 (Findings for Approval). For a land use diagram amendment, if the action of the planning commission is to recommend denial, the city council is not required to take further action on the proposed amendment unless an interested party requests a hearing in writing with the city clerk within ten days after the planning commission recommendation is filed with the city council.

(Ord. No. 2319 N.S., § 11, 1-20-2021)

18.115.050 - City council hearing and action.

A.

General. After receipt of the planning commission's recommendation to approve a proposed general plan amendment, the city council shall hold a public hearing on the proposal in compliance with Section 18.104.090 (Notice of Hearing).

B.

Approval or Denial. The city council may approve, conditionally approve, or deny the proposed general plan amendment based upon the findings specified in Section 18.115.060 (Findings for Approval).

C.

Finality of Action. The action by the city council shall be made by a majority vote of the total membership of the city council and shall be final and conclusive.

D.

Referral to Planning Commission. If the city council proposes to adopt a substantial modification to the general plan amendment not previously considered by the planning commission, the proposed modification shall be first referred to the planning commission for its recommendation.

E.

Failure to Report. The failure of the planning commission to report back to the city council within forty days after the reference, or within the time set by the city council, shall be deemed a recommendation of

approval.

(Ord. No. 2319 N.S., § 11, 1-20-2021)

The city council may approve a general plan amendment only if all of the following findings are made:

A.

The city council must find that the proposed amendment meets the letter and intent of the general plan goals and policies.

(Ord. No. 2319 N.S., § 11, 1-20-2021)

18.115.070 - Effective date.

A general plan amendment becomes effective immediately following the approval of the resolution by the city council.

(Ord. No. 2319 N.S., § 11, 1-20-2021)

If the city denies a general plan amendment, the city may not accept an application for the same or substantially similar general plan amendment for one year following such denial, except in the following cases:

A.

Upon initiation by the city council or planning commission; or

B.

The application requests a different general plan land use designation than that previously requested.

(Ord. No. 2319 N.S., § 11, 1-20-2021)

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.

(Ord. No. 2319 N.S., § 11, 1-20-2021)

18.115.100 - Preliminary review.

A.

When Required. Prior to submittal of an application for a general plan Amendment, an application must receive preliminary input from the planning commission on the proposed general plan amendment.

B.

Application. A preliminary review application for a proposed general plan amendment shall be submitted with the development services department in accordance with Chapter 18.104 (Common Permit Requirements). The application shall include, at a minimum, the following information and materials:

1.

A statement describing the proposed project and how it complies with the findings required for the approval of a general plan amendment in Section 18.115.060 (Findings for Approval).

2.

Project plans, diagrams, and graphics as needed to illustrate the overall development concept, including proposed land uses, buildings, circulation, open space, and any other significant elements in the project.

C.

Public Hearing. The planning commission shall consider the preliminary review application and a public hearing noticed in accordance with Section 18.104.090 (Notice of Hearing).

D.

Preliminary input.

1.

The planning commission shall provide preliminary input on project compliance with findings required for the approval of a general plan amendment in Section 18.115.060 (Findings for Approval).

2.

Planning commission input shall not be construed as a recommendation for approval or denial of the project. Any recommendation to the applicant is advisory only and shall not be binding on either the applicant or the city.

(Ord. No. 2319 N.S., § 11, 1-20-2021)

Chapter 18.116 - DEVELOPMENT AGREEMENTS

This chapter establishes procedures for the processing of Development Agreements in compliance with the Government Code Sections 65864 through 65869.5. Development agreements are intended to:

A.

Strengthen the public planning process, encourage private participation and comprehensive planning, and reduce the economic costs of development;

B.

Facilitate the development of large multi-phase developments, low income housing developments, and developments involving public service and facilities installations which may require several years to complete; and

C.

Promote orderly growth and development, economic welfare, and adequate circulation, utilities and services.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

An applicant for a development project may request that the city review a development agreement application in accordance with the following procedures. As used in this chapter, "applicant" means a person who has a legal or equitable interest in real property, and who applies for a development agreement for a project on that property in accordance with this chapter, and who executes and is bound by the terms of the development agreement. "Applicant" also includes a successor in interest to the rights and duties of the original applicant for a development agreement.

A.

Forms and Information. The applicant shall submit a development agreement application on a form prescribed by the community development director. The director shall identify submittal requirements for development agreement applications, and may require an applicant to submit additional information and supporting data to process the application.

B.

Fees. At the time of initial filing of the application, the applicant shall pay fees and charges required to file and process the development agreement applications and to administer the approved development agreements, including annual reviews, in such amounts as established by resolution of the city council.

C.

Authority to File Application. An applicant shall have a legal or equitable interest in the real property which is the subject of the proposed development agreement. The community development director shall require an applicant to submit proof of his or her interest in the real property and/or of the authority of any agent to act for the applicant. Such proof may include a title report, policy or guarantee, issued by a title company licensed to do business in the state, which demonstrates the required interest of the applicant in the real property.

D.

Initial Review of Application.

1.

The community development director, or his or her designee, shall review each application to determine whether it is complete. If the application is found to be incomplete, the community development director shall reject the application and, within forty-five days after submittal of the application, shall inform the applicant of the items or steps necessary to complete the application.

2.

Following completion of the application, the community development director shall determine whether a project is consistent with the general plan and any applicable specific plan, including the precise development plan and guidelines of a planned unit development (PUD) district, or if the applicant has submitted an application for any necessary amendments to the general plan, PUD, or specific plan.

3.

In addition, the community development director shall determine whether the project meets one of the following criteria:

a.

The project is a residential development awarded a building allotment pursuant to Chapter 18.78 (Residential Development Control System) of Municipal Code Title 18 (Development Code); or

b.

The project is a commercial or industrial development and these three criteria are met:

(1)

The project site is three acres or more in area, and

(2)

The project proposes to construct or rehabilitate multiple structures on the site, and the total floor area to be constructed or rehabilitated is at least one hundred thousand square feet, and

(3)

The project envisions a long-term or phased build-out such that, at the time of application, designs of all buildings and improvements cannot be reasonably specified in the manner required of use permit applications; or the project is a commercial or industrial development and there are other unique or compelling reasons why the project or the potential benefits to the community would warrant consideration in the form of a development agreement.

4.

The community development director shall also determine whether the proposed project comports with regulations of the zoning district in which the property lies, including identification of any aspects of the project which would require a variance were the application subject to review and action under the zoning code.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

Following completion of the application and determination by the community development director that the application meets the criteria described above, the city manager, or his or her designee, shall provide the applicant with the city's standard development agreement. The city manager, or his or her designee, shall negotiate specific components and provisions of the development agreement with the applicant. The negotiated development agreement shall comply with the following requirements:

A.

A development agreement shall specify its duration; the permitted uses of the subject property; the general location and density or intensity of uses; the general location, maximum height and size of proposed buildings; the relation of the project to adjacent properties; and provisions for reservation or dedication of land for public purposes. It shall contain provisions concerning its transferability to any successor owners of the property.

B.

A development agreement shall contain an indemnity clause requiring the applicant to indemnify, defend, and hold the city, its officers, officials, agents, and employees harmless against claims arising out of or related to the actions of applicant in connection with the application or the development process, including all legal fees and costs.

C.

A development agreement should clearly outline the benefits provided to the city from entering into the development agreement. Such benefits may include, but are not limited to:

1.

Construction of public facilities beyond those required as a condition of approval;

2.

Covenants to operate and maintain the private project at higher levels than would otherwise be required;

3.

Proposals to achieve general plan goals not directly associated with the private project; and

4.

Other proposals which, in the judgment of the planning commission and city council, provide public benefits sufficient to justify a development agreement.

D.

A development agreement should include requirements for construction and maintenance of onsite and offsite improvements or payment of fees in lieu of such dedications or improvements.

E.

A development agreement should include any conditions and restrictions imposed by the city with respect to the project, including conditions and restrictions proposed in the environmental review document prepared under the California Environmental Quality Act (CEQA), in order to eliminate or mitigate potential adverse environmental impacts of the project.

F.

A development agreement may provide that the project be constructed in specified phases, and may state construction shall commence within a specified time, and that the project or any phase thereof shall be completed within a specified time.

G.

A development agreement shall be a contract that is negotiated and voluntarily entered into by city and applicant and may contain any additional or modified conditions, terms or provisions agreed upon by the parties.

H.

A development agreement may also include conditions, terms, restrictions, and requirements for subsequent discretionary actions but does not eliminate the applicant's responsibility to obtain all required land use approvals.

I.

If a development agreement requires applicant financing of necessary public facilities, it may include terms relating to subsequent reimbursement over time for such financing.

J.

A development agreement may include any other provisions necessary to guarantee performance of obligations stated in the agreement.

K.

A developments agreement, or any part of a development agreement, may be subject to subsequent condemnation proceedings by the city.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Negotiations. The city manager shall negotiate the specific components and provisions of the development agreement on behalf of the city.

B.

Planning Commission Consideration. Following negotiation of the development agreement, the planning commission shall consider the development agreement for recommendation to the city council. Prior to making a recommendation for City Council action on a proposed development agreement, the planning commission shall hold a noticed public hearing to consider comments on the development agreement from other advisory bodies and from members of the public. The planning commission public hearing may, but need not, be held concurrently with the public hearing(s) on other land use approvals for the project.

C.

Recommendation by Planning Commission. Within thirty days after closing its public hearing, the planning commission shall make its recommendation in writing to the city council. The recommendation shall include the planning commission's determination and supporting reasoning as to whether or not the proposed development agreement:

1.

Is consistent with the goals, objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan;

2.

Is compatible with the uses authorized in the zoning district in which the property is located;

3.

Duly considers city mitigation programs in effect at the time of execution of the agreement;

4.

Will be non-detrimental to the public health, safety and general welfare of persons residing or working in the neighborhood and to property and improvements in the neighborhood;

5.

Complies with the provisions of the California Environmental Quality Act; and

6.

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

D.

City Council Public Hearing. The city council shall hold a noticed public hearing prior to adoption of a development agreement. The city council public hearing may, but need not, be held concurrently with the public hearing(s) on other land use approvals for the project.

E.

Decision by City Council.

1.

After the city council completes the public hearing, it may accept, reject or conditionally accept the recommendation of the planning commission, or in the event the planning commission has failed to make a recommendation, the city council shall approve, disapprove or conditionally approve the development agreement. The city council may, but need not, refer matters not previously considered by the planning commission during its hearing back to the planning commission for report and recommendation. The planning commission may, but need not, hold a public hearing on matters referred back to it by the city council.

2.

The city council shall not approve a proposed development agreement unless it finds that its provisions are consistent with the general plan and any applicable specific plan. This requirement may be satisfied by a finding that the provisions of a proposed development agreement are consistent with proposed general plan or specific plan amendments which are to be adopted concurrently with the approval of the proposed development agreement. A finding of consistency may be made if, considering the general plan and/or specific plan as a whole and balancing competing provisions as appropriate, the city determines that the proposed development agreement does not conflict with the provisions of the general plan and/or specific plan.

3.

A proposed development agreement shall be executed by the applicant before it is placed before the city council for consideration at a public hearing.

F.

Approval of Development Agreement. The city council has the exclusive authority to approve the development agreement. Approval of a development agreement shall be by ordinance.

G.

Failure to Receive Notice. The failure of any person to receive notice required by law or this chapter shall not affect the authority of the city to enter into, modify or terminate a development agreement, nor invalidate a development agreement entered into by the city under this chapter.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.116.050 - Execution and recordation of development agreement.

A.

Within ten days after the ordinance approving the development agreement takes effect, the city manager shall execute the development agreement on behalf of the city, and the city clerk shall record the development agreement with the Santa Clara County Recorder.

B.

If the parties to the agreement or their successors in interest amend or cancel the development agreement, or if the city terminates or modifies the development agreement for failure of the applicant to fully comply with the provisions of the development agreement, the city clerk shall record notice of such action with the Santa Clara County Recorder.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Time for and Initiation of Review.

1.

The city manager shall review each approved development agreement at least once a year, at which time the applicant shall demonstrate compliance with the provisions of the development agreement.

2.

The applicant shall initiate the required annual review by submitting a written request at least sixty days prior to the review date specified in the development agreement. The applicant shall also provide evidence as determined necessary by the city manager to demonstrate compliance with the development agreement. The burden of proof by substantial evidence of compliance is upon the applicant.

B.

Finding of Compliance. If the city manager, on the basis of substantial evidence, finds compliance by the applicant with the development agreement, the city manager shall issue a finding of compliance, which shall be in recordable form and may be recorded with the county recorder after conclusion of the review.

C.

Finding of Noncompliance.

1.

If the city manager finds the applicant has not complied with the provisions of the development agreement, the city manager may issue a finding of noncompliance which may be recorded by the city with the county recorder after it becomes final. The city manager shall specify in writing to the applicant the respects in which applicant has failed to comply, and shall set forth terms of compliance and specify a reasonable time for the applicant to meet the terms of compliance.

2.

If applicant does not comply with any terms of compliance within the prescribed time limits, the development agreement shall be subject to termination or modification pursuant to Section 18.116.070.B of this chapter.

D.

Appeal of Determination. Within ten days after issuance of a finding of compliance or a finding of noncompliance, any interested person may file a written appeal of the finding with the city council. The appellant shall pay fees and charges for the filing and processing of the appeal in amounts established by the city council. The appellant shall specify the reasons for the appeal. The issuance of a finding of compliance or finding of noncompliance by the city manager and the expiration of the appeal period without appeal, or the confirmation by the city council of the issuance of the finding on such appeal, shall conclude the review for the applicable period and such determination shall be final.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Cancellation or Modification by Mutual Consent. Any development agreement may be canceled or modified by mutual consent of the parties following compliance with the procedures specified in Section 18.116.040 of this chapter. A development agreement may also specify procedures for administrative approval of minor amendments by mutual consent of the applicant and the city manager.

B.

Termination or Modification after Finding of Noncompliance. If a finding of noncompliance does not include terms of compliance, or if applicant does not comply with the terms of compliance within the prescribed time limits, the city manager may refer the development agreement to the city council for termination or modification. The city council shall conduct a public hearing. The burden of proof shall be on the applicant to establish at the public hearing that the development agreement has been complied with. After the public hearing, the city council may terminate the development agreement, modify the finding of noncompliance, or rescind the finding of noncompliance, and issue a finding of compliance.

C.

Rights of the Parties after Cancellation or Termination. In the event that a development agreement is canceled or terminated, all rights of the applicant, property owner or successors in interest under the development agreement shall terminate. If a development agreement is terminated following a finding of noncompliance, the city may, in its sole discretion, determine to return any and all benefits, including reservations or dedications of land, and payments of fees, received by the city.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Effect of Development Agreement.

1.

Unless otherwise specified in the development agreement, the city's rules, regulations and official policies governing permitted uses of the property, density and design, and improvement standards and specifications applicable to development of the property shall be those city rules, regulations and official policies in force on the effective date of the development agreement. The applicant shall not be exempt from otherwise applicable city ordinances or regulations pertaining to persons contracting with the city.

2.

A Development Agreement shall not prevent the city, in subsequent actions applicable to the property, from applying new rules, regulations and policies which do not conflict with those rules, regulations and policies applicable to the property as set forth in the development agreement. A development agreement shall not prevent the city from denying or conditionally approving any subsequent land use permit or authorization for the project on the basis of such existing or new rules, regulations, and policies.

3.

Unless otherwise specified in the development agreement, a development agreement shall not exempt the applicant from obtaining future discretionary land use approvals.

B.

Rules Affecting Development Agreement. In the event that any regulation or law of the state of California or the United States, enacted or interpreted after a development agreement has been entered into, prevents or precludes compliance with one or more provisions of the development agreement, then the development agreement may be modified or suspended in the manner and pursuant to the procedures specified in the development agreement as may be necessary to comply with such regulation or law.

C.

Enforcement of a Development Agreement. The procedures for enforcement, amendment, modification, cancellation or termination of a development agreement specified in this section and in California Government Code Section 65865.4 are non-exclusive. A development agreement may be enforced, amended, modified, canceled or terminated by any manner otherwise provided by law or by the provisions of the development agreement.

D.

Public Hearings — Generally. Any public hearing held pursuant to this chapter shall be conducted as nearly as possible in accordance with the procedural standards prescribed in Chapter 18.104 (Common Permit Procedures) and the Government Code. Each person interested in the matters shall be given an opportunity to be heard. The applicant has the burden of proof at the public hearing on the proposed development agreement. No action, inaction or recommendation regarding a development agreement shall be set aside due to any error, irregularity, informality, neglect or omission ("error") as to any matter pertaining to the

e Government Code. Each person interested in the matters shall be given an opportunity to be heard. The applicant has the burden of proof at the public hearing on the proposed development agreement. No action, inaction or recommendation regarding a development agreement shall be set aside due to any error, irregularity, informality, neglect or omission ("error") as to any matter pertaining to the

development agreement unless the error is prejudicial and the complaining party sustained and suffered actual substantial injury, and that a different result would have been probable if the error had not occurred or existed. There is no presumption that an error is prejudicial or that injury was done if error is proven.

E.

Judicial Review — Time Limitation.

1.

Any judicial review of an ordinance approving or amending a development agreement shall be by writ of mandate pursuant to Section 1085 of the California Code of Civil Procedure. Judicial review of any city action taken pursuant to this chapter, other than approval or amendment of a development agreement, shall be by writ of mandate pursuant to Section 1094.5 of the California Code of Civil Procedure.

2.

Any action or proceeding to attack, review, set aside, void or annul any decision of the city taken pursuant to this chapter shall not be maintained by any person unless the action or proceeding is commenced within ninety days after the effective date of the decision.

F.

Irregularity in Proceedings. No action, inaction or recommendation regarding a proposed development agreement shall be held void or invalid or be set aside by a court by reason of any error, irregularity, informality, neglect or omission ("error") as to any matter pertaining to the petition, application, notice, finding, record, hearing, report, recommendation or any matter of procedure whatever, unless the error complained of was prejudicial and that by reason of the error, the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed. There is not a presumption that an error is prejudicial or that injury was done if an error is shown.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

Chapter 18.118 - REASONABLE ACCOMMODATIONS

This chapter establishes a procedure for requesting reasonable accommodation in land use, zoning and building regulations, to provide persons with disabilities equal access to housing consistent with the Federal Fair Housing Act (42 U.S.C. Section 3601 et seq.) and the California Fair Employment and Housing Act (Government Code Section 12955 et seq.). A reasonable accommodation is typically an adjustment to physical design standards to accommodate the placement of wheelchair ramps or other exterior modifications to a dwelling in response to the needs of a disabled resident.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.118.020 - When allowed.

A.

Eligible Applicants. A request for reasonable accommodation may be made by any person with a disability, their representative, or any entity, when the application of the zoning code or other land use or building regulation, policy, or practice acts as a barrier to fair housing opportunities.

B.

Definition. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having this type of impairment, or anyone who has a record of this type of impairment.

C.

Eligible Request. A request for reasonable accommodation may include a request for a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housingrelated facilities that would eliminate regulatory barriers.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.118.030 - Review authority.

A.

Community Development Director. The community development director shall take action on reasonable accommodation applications unless the application is filed for concurrent review with an application for discretionary review by the planning commission or city council.

B.

Other Review Authority. If a reasonable accommodation application is submitted concurrently with a permit application that will be reviewed by the planning commission or city council, the reasonable accommodation application shall be reviewed by the planning commission or city council.

C.

Referral to Planning Commission. The community development director may refer any reasonable accommodation application to the planning commission for review and final decision.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

Notice of the availability of the reasonable accommodation process shall be publicly displayed at City Hall. Forms for requesting reasonable accommodation shall be available to the public at the development services department at City Hall.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.118.050 - Application requirements.

A.

Application. A request for reasonable accommodation shall be submitted on an application form provided by the development services department together with applicable fees required by the planning fee schedule. The application must include the following:

1.

The name and address of the individual(s) requesting reasonable accommodation;

2.

The name and address of the property owner(s);

3.

The address of the property for which the accommodation is requested;

4.

Description of the requested accommodation and the regulations, policy or procedures for which accommodation is sought; and

5.

Reason that the requested accommodation may be necessary to enable the individual(s) with the disability to use the dwelling.

B.

Review with Other Land Use Applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (e.g., conditional use permit, design permit), then the applicant shall file the reasonable accommodation application materials together for concurrent review with the application for discretionary approval.

C.

Application Timing. A request for reasonable accommodation may be filed at any time that the accommodation is necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligation to comply with other applicable regulations not at issue in the requested accommodation.

D.

Application Assistance. If an individual needs assistance in making the request for reasonable accommodation, the city will provide assistance to ensure that the process is accessible to the individual.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.118.060 - Review procedure.

A.

Director Review.

1.

The community development director shall make a written determination within forty-five days and either grant, grant with modifications, or deny a request for reasonable accommodation.

2.

If necessary to reach a determination on the request for reasonable accommodation, the community development director may request further information from the applicant consistent with fair housing laws. In the event that a request for additional information is made, the forty-five-day period to issue a decision is stayed until the applicant submits the requested information.

B.

Other Review Authority. The determination on whether to grant or deny the request for reasonable accommodation submitted concurrently with a discretionary permit application shall be made by the planning commission or city council in compliance with the review procedure for the discretionary review.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

The community development director or the reviewing authority, as applicable, shall make a written determination and either approve, approve with modifications, or deny a request for reasonable accommodation based on consideration of all of the following factors:

A.

Whether the housing which is the subject of the request will be used by an individual with disabilities protected under fair housing law.

B.

Whether the request for reasonable accommodation is necessary to make housing available to an individual with disabilities protected under fair housing law.

C.

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

D.

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.

E.

Physical attributes of the property and structures.

F.

Availability of other reasonable accommodations that may provide an equivalent level of benefit.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2352, § 16, 4-24-2024)

In approving a request for reasonable accommodation, the reviewing authority may impose conditions of approval to ensure that the reasonable accommodation will comply with the criteria required by Section 18.118.070 (Criteria for Decision).

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

Reasonable accommodation decisions may be appealed consistent with Chapter 18.112 (Appeals). If an applicant needs assistance in filing an appeal on an adverse decision, the city will provide assistance to ensure that the appeals process is accessible.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

Chapter 18.120 - ENFORCEMENT

This chapter establishes procedures to ensure compliance with the zoning code, obtain corrections for violation of the zoning code, and impose penalties for violations. These procedures supplement code enforcement provisions in municipal code Title 1 (General Provisions).

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

Any use, structure, or activity that is established or maintained contrary to the requirements of the zoning code shall be unlawful and a violation of the zoning code, shall constitute a public nuisance, and shall be subject to the remedies and penalties provided for in this chapter.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

All departments, officials, and public employees of the city assigned the authority to issue permits or other forms of authorization shall comply with the zoning code.

A.

Permits in Conflict with the Zoning Code. Permits and other forms of authorizations that would be in conflict with the zoning code shall not be issued.

B.

Permits Deemed Void. Any permits or other form of authorizations issued in conflict with the zoning code shall be void and of no effect.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Building Official. The building official shall have primary responsibility for enforcing provisions of the zoning code pertaining to the erection, construction, reconstruction, moving, conversion, or alteration of any structure.

B.

Community Development Director. The community development director shall have primary responsibility for enforcing all other provisions of this code not listed in subsection A above. Other officers of the city as authorized by the community development director shall share responsibility for enforcing provisions of this code.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

The city may choose to undertake any one or all of the following legal actions, in addition to all other remedies available, to correct and/or abate a violation of the zoning code.

A.

Revoke Permit. The city may revoke a permit or other form of authorization consistent with Section 18.104.240 (Permit Revocation).

B.

Withhold Permit. The city may deny or withhold permits or other forms of authorization.

C.

Approve Permit with Conditions. The city may approve a permit or other form of authorization subject to the condition that the violation be corrected.

D.

Stop Work. With or without revoking permits, the city may stop work in whole or in part on any building or structure.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

The remedies and enforcement powers established in this chapter shall be cumulative, and the city may exercise them in any order or combination, at any time.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)