§ 36.44

The following sections describe the duties and powers of city officials and administrative bodies responsible for acting on the land use permits and entitlements contained in this Chapter.

Amendments to the zoning ordinance text, rezonings or zoning map amendments, adoption or amendment of precise plans and amendments to the general plan are legislative acts reviewed by the environmental planning commission with final determination by the city council. In addition to the authority specifically described below, the zoning administrator may, in accordance with Section 36.44.45, designate other community development staff to review projects and issue zoning permits for projects not requiring public hearings. Each of the city officials and administrative bodies with final decision authority as listed below shall have the power to approve, conditionally approve or disapprove projects, permits and amendments. A summary of the review authority described in this Article is given in Table 36.44-1.

Table 36.44-1

Review Authority

Key: R—Review and recommendation body

F—Final decision-making body

A—Appeal body

1 Refer to the administration section of precise plans for further information on items reviewed by the environmental planning commission and Sections 36.44.15 and 36.44.25 regarding concurrent reviews by the environmental planning commission.

2 State-mandated housing approvals.

3 Listed for reference only. Refer to subdivision regulations in Chapter 28 of the city code.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 2.21, § 5, 3/9/21; Ord. No. 01.2024, § 28, 1/23/24.)

a.

Appointment. The zoning administrator shall be appointed by the city manager. The city manager may authorize the community development director to appoint deputy zoning administrator(s).

b.

Duties and powers. The zoning administrator shall perform the duties prescribed in this Chapter as designated in precise plans and as assigned by the community development director. The duties shall include, but are not limited to, the power to do all of the following:

1.

Make recommendations to the city council on planned community permits when specified by a precise plan;

Oversee design review for all zoning permits under the review authority of the zoning administrator as referenced in Section 36.44.20;

3.

Approve:

(a)

Single-family residential major floor area ratio exceptions;

(b)

Temporary use permits;

(c)

Variances;

(d)

Planned unit development permits;

(e)

Conditional use permits;

(f)

Special design permits;

(g)

Applications for development review;

(h)

Permit extensions;

(i)

Mobile home park permits;

(j)

Planned community permits when allowed by a precise plan;

(k)

Interpretation of this Chapter; and

(l)

California Environmental Quality Act (CEQA) determination for these items;

4.

Refer any application for permit or entitlement to the city council for final action; and

5.

Adopt rules of procedure for detailed application format, meeting process or other detailed procedures consistent with this Article.

c.

Meetings. The zoning administrator shall hold regularly scheduled hearings open to the public at dates, times and places determined and posted by the zoning administrator.

d.

Concurrent processing. In lieu of a separate administrative zoning public hearing, the zoning administrator shall refer any zoning permit application being processed concurrently with a general plan amendment, amendment to the text of the zoning ordinance, amendment to the zoning map or new or amended precise plan to the environmental planning commission for concurrent review and recommendation to the city council.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 22.19, §§ 4, 5, 12/10/19; Ord. No. 01.2024, § 28, 1/23/24.)

The zoning administrator shall establish procedures for review of the site, architectural and landscape design of development applications, which includes, but is not limited to:

a.

Assigning oversight of the design review of projects to a deputy zoning administrator;

b.

Hiring one (1) or more professional architects to serve as consultant(s); and

c.

Holding regularly scheduled meetings that are open to the public.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 28, 1/23/24.)

Editor's note— Ord. No. 01.2024, § 28, adopted Jan. 23, 2024, repealed the former § 36.44.20, and enacted a new § 36.44.20 as set out herein. The former § 36.44.20 pertained to development review committee (DRC) and derived from Ord. No. 18.13, § 1, adopted Dec. 10, 2013.

The duties, responsibilities and powers of the subdivision committee shall be as provided by Chapter 28 of the City Code (Subdivisions) except, in lieu of a separate subdivision committee public hearing, the subdivision committee shall refer any subdivision map application being processed concurrently with a general plan amendment, amendment to the text of the zoning ordinance, amendment to the zoning map, or new or amended precise plan to the environmental planning commission for concurrent review and recommendation to the city council.

(Ord. No. 18.13, § 1, 12/10/13.)

a.

Appointment and membership. The commission shall consist of seven (7) members, appointed by the city council, who serve in compliance with the provisions of this chapter and the city charter Section 906.

b.

Duties and powers. The commission shall have all powers assigned to it under the city charter Section 906 (a-c) and shall exercise the following functions to safeguard the environmental quality of the community:

1.

Establish, maintain and monitor an environmental planning process;

2.

Identify community-wide goals, through citizen contact and initiate programs to implement and monitor such goals;

3.

Formulate and make recommendations to the council for final determinations on new street plan lines, precise plans, general plan amendments, zoning map amendments, zoning text amendments, environmental clearance documents and other applicable policy or ordinance matters related to the city's planning process;

4.

Monitor the city's zoning standards and map to ensure consistency with the community's land use objectives;

5.

Communicate with the council, public agencies and citizens regarding the environment and plan implementation and subregional and regional planning; and

6.

Review and make recommendations on CEQA determinations for these items.

c.

Meetings. The commission shall hold regularly scheduled meetings open to the public at dates, times and places determined and posted by the commission.

(Ord. No. 18.13, § 1, 12/10/13.)

a.

Powers. The city council shall have final authority for:

1.

Appeals on determinations by the subdivision committee and zoning administrator;

2.

Tentative and final subdivision maps;

3.

Planned community permits when specified within the applicable precise plan;

4.

Any permit or entitlement application referred to the council by the zoning administrator;

5.

Street plan lines;

6.

Precise plans;

7.

General plan amendments;

8.

Zoning map amendments;

9.

Zoning chapter text amendments; and

10.

CEQA determinations for these items.

If, on Items 5 through 10, the city council is contemplating approving an action significantly different than the recommendation from the environmental planning commission, the council may, by majority vote, return the item back to the commission for reconsideration and recommendation. The council may specify a time period by which the commission is to return their recommendation back to the council.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 22.19, § 6, 12/10/19; Ord. No. 01.2024, § 29, 1/23/24.)

A prospective applicant is encouraged to request a preapplication meeting with the community development department prior to formal submittal of a permit application. The purpose of this meeting is to inform the applicant of requirements that apply to the proposed development project, review the procedures outlined in this Chapter, examine possible alternatives or modifications and identify any technical studies relating to future environmental or project permit review. The community development director may require a preapplication meeting for controversial or complex projects.

In addition to or prior to the preapplication meeting, a prospective applicant with authorization of the property owner(s) may voluntarily submit an informal application together with the filing fee as established by resolution of the city council, conceptual plans and materials to the community development

department. The purpose of the informal application review is to identify applicable development standards, guidelines, and city regulations for the proposed project, receive preliminary feedback on compliance and understand the permits required for the prospective project.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 29, 1/23/24.)

DIVISION 2. - DEVELOPMENT REVIEW PROCESS

SEC. 36.44.45. - Development review process. SEC. 36.44.50. - Purpose and intent.

The purpose and intent of the development review regulations in this Division is to establish procedures for the discretionary review of development throughout the city in order to ensure that new development and changes to existing developments: (1) comply with city development requirements and policies; (2) maintain or enhance the appearance of the community; (3) maintain property values through quality development; (4) ensure compatibility of private development with surrounding properties and neighborhoods, public rightsof-way and other facilities; and (5) in reviewing new residential development, strong emphasis is given to the compatibility of the new development with the surrounding development, including its intensity, density,

scale, bulk, height, setbacks, open space, building orientation and architectural style and design. The surrounding development refers to building types, as opposed to styles, and a larger area than immediately adjacent development.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 30, 1/23/24.)

All new construction, modifications to building exteriors or development sites, and changes in land use shall require a development review permit, except as otherwise listed in this Division, including, but not limited to, the following:

a.

All new buildings or additions to existing buildings;

b.

Any modification that affects the exterior appearance of an existing building, including, but not limited to, covering or blocking window openings in any manner;

c.

Any modification to parking lot striping or other on-site circulation changes; and

d.

Any change to fencing, landscaping or hardscape.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 3.2026, § 19, 3/10/26.)

Zoning permits are not required for the following developments and improvements:

a.

Any exterior or site modification that the zoning administrator determines is minor, including, but not limited to, minor changes to building color, minor changes to a landscaping plan, restriping parking lots to match previously approved plans, minor adjustments to doors and windows, new or replaced roof equipment and a new or modified roofscreen(s) or parapet(s) consistent with height limitations of this Chapter;

b.

Construction of or additions and improvements to conforming single-family or two (2) family structures that comply with the provisions of this Chapter;

c.

Interior improvements;

d.

Construction of fences and entry features over front yard gates that comply with height, width and depth requirements in Section 36.06.50;

e.

Establishment of new tenants with the same or similar use with no exterior changes;

f.

A change from one permitted use to a different permitted use; and

g.

A small-footprint land use in compliance with the provisions of Section 36.18.27 (Standards for specific small-footprint land uses in commercial zones).

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 31, 1/23/24; Ord. No. 3.2026, § 19, 3/10/26.)

Preliminary development review through a preapplication meeting or submittal of an informal application (see Section 36.44.40) is encouraged prior to the formal submittal of an application. This informal review provides guidance to project proponents prior to preparation of detailed building designs and site plans for formal application submittal.

Formal development review is initiated when the department receives a complete application for development review. Development review can be a separate permit application or part of a larger permit application as described in this Section. The zoning administrator shall have the overall authority to conduct development review, subject to appeal to the city council, but may refer applications to other community development department staff for review and issuance of permits. The development review process is administered at three (3) levels of evaluation: administrative, zoning administrator public hearings and council public hearings.

The zoning administrator or community development director may require that any application be reviewed through the more formal development review process, including design review.

a.

Administrative procedures. Applications with complete materials for simple requests, in full compliance with this Chapter or applicable precise plans, requiring no site visits or review by other departments may be approved administratively without public notice or hearing. Typical projects that may qualify include the following:

1.

New signs and change of copy on existing signs, which conform to a previously approved sign program;

2.

New or amended sign programs;

3.

Temporary use permit for the sale of seasonal items, including Christmas trees and pumpkins, seasonal or temporary recreation uses, such as day camps, construction yards in conjunction with an approved construction project, mobile home(s) as part of a temporary work site for employees, homeless shelter for up to twenty-nine (29) people and not exceeding thirty-five (35) days, food kitchens and relief services and similar type uses;

Minor facade modifications, including: adding or removing door(s), automated teller machines (ATMs) at an existing bank, handicapped-accessible ramps, additions to single-family structures with nonconforming setbacks and minor architectural enhancements to multi-family structures which conform to approved plans;

5.

Minor site plan modifications, including adding or changing: trash enclosures, bicycle lockers, utilities with minimal aboveground structures, satellite dish antennas, fences, landscaping and landscaping structures, such as arbors or gazebos and parking lots striping;

6.

Fences which exceed six (6) feet in height but do not exceed seven (7) feet in a residential zoning district and where the applicant can provide letters of agreement from all adjacent property owners;

7.

Facade modifications to multi-family, commercial and industrial structures where less than one thousand (1,000) square feet of additional floor area is proposed;

8.

Modification or minor additions to existing site plans and/or structures located in the planned community zoning district as provided by Section 36.50.30.b. or where the precise plan allows for minor modifications;

9.

Development review associated with consideration of any new use, new construction or modifications within the neighborhood design (ND) and special design (SD) overlay zoning districts;

10.

Development on sites with existing nonconforming structures (see Section 36.06.60);

11.

Modifications to residential structures for reasonable accommodations (see Section 36.08.40);

12.

Multi-family accessory structure(s);

13.

New or modified outdoor dining located on private property. This includes outdoor dining located within the downtown precise plan;

14.

New or modified merchandise displays located on private property within the downtown precise plan; and

Parking reductions associated with an increase in bedrooms within an existing multiple-family residential dwelling unit per Section 36.32.70.

b.

Zoning administrator procedures. In addition to the authority to take final action on variances, conditional use permits and other special property development permits, the zoning administrator is responsible for making development review recommendations to the city council on planned community permits when specified by a precise plan, overseeing design review as part of the development review process and making final decisions on applications for the following:

1.

New construction and/or major remodeling or site plan modifications when in full compliance with the provisions of this Chapter;

2.

Single-family structures and additions where a floor area ratio exception is requested;

3.

Minor adjustment to design/site consideration of an approved permit from a public hearing which does not result in a reduction from any standard outlined in this Chapter or change any special conditions adopted by the city council, including, but not limited to:

(a)

On-site circulation and parking, loading and landscaping;

(b)

Placement and/or height of walls, fences and structures; and

(c)

Minor changes to architectural features and/or modification of finished materials and colors that do not alter or compromise the previously approved theme;

4.

Development review associated with applications for variances, conditional use permits, temporary use permits and planned unit developments, including general plan mixed-use village center developments;

5.

Changes of use in commercial, office and industrial zoning districts which are in compliance with this Chapter but may impact adjacent properties, including, but not limited to, proposals for outdoor storage

adjacent to a residential zoning district; outdoor seating at an existing restaurant; or changes in parking lot lighting which may generate off-site glare;

6.

Fences which exceed six (6) feet in height but do not exceed seven (7) feet in a residential zoning district where the applicant cannot provide the community development department with letters of agreement from all adjacent property owners;

7.

Antenna or communication facilities in all zoning districts, including public right-of-way;

8.

Public projects involving permanent new buildings; and

9.

The moving or relocation of a building per Division 7 of Article III of this Chapter.

c.

City council. The city council shall make a final development review determination on a planned community permit when the precise plan requires council approval and a planned unit development when it is accompanied by a tentative map. The city council is the final appeal body of zoning administrator determinations.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 20.19, § 11, 12/10/19; Ord. No. 22.19, § 7, 12/10/19; Ord. No. 1.2023, § 5, 2/14/23; Ord. No. 7.2023, § 4, 5/23/23; Ord. No. 01.2024, § 31, 1/23/24; Ord. No. 3.2026, § 19, 3/10/26.)

Approval of a project shall require written findings supporting the conformance of the project with adopted city standards and design guidelines. The findings shall be based upon the following:

a.

The general design considerations as described by the purpose and intent of this chapter, the general plan and any city-adopted design guidelines;

b.

The architectural design of structures, including colors, materials and design elements (i.e., awnings, exterior lighting, screening of equipment, signs, etc.) are compatible with surrounding development;

c.

The location and configuration of structures, parking, landscaping and access are appropriately integrated and compatible with surrounding development, including public streets and sidewalks and other public

property;

d.

The general landscape design ensures visual relief, complements structures, provides an attractive environment and is consistent with any adopted landscape program for the general area;

e.

The design and layout of the proposed project will result in well-designed vehicular and pedestrian access, circulation and parking; and

f.

The approval of the development review permit for the proposed use is in compliance with the California Environmental Quality Act (CEQA).

(Ord. No. 18.13, § 1, 12/10/13.)