93.02 Boundaries Of Zones

Where uncertainty exists as to the boundaries of any zone shown on such map, the following rules shall apply:

1. Where such boundaries are indicated as approximately following streets and alley lines or lot lines, such lines shall be construed to be such boundaries; 2. In subdivided property or where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by use of the scale appearing on the map;

2. In case any uncertainty exists, the planning commission shall determine the location of boundaries; 4. Where any public street or alley is officially vacated or abandoned, the regulations applicable to abutting property shall apply to such vacated or abandoned street or alley; 5. Where any private right-of-way or easement of any railroad, railway, canal, transportation or public utility company is vacated or abandoned, the regulations applicable to abutting property shall apply to such vacated or abandoned property;

3. All property in the city not otherwise classified, and all property hereafter annexed and not zoned upon annexation, is classified as OS zone. (Ord. 427-AC)

93.03 Residential Zones 1. The following residential zones are established: R-1, R-2 and R-3. Each of those zones is designed and intended to secure for the persons who reside there a comfortable, healthy, safe and pleasant environment in which to live, sheltered from incompatible and disruptive activities that properly belong in nonresidential zones. Other objectives of some of these zones are explained in the remainder of this section.

2. R-1 Single-Family Zone. This zone is intended to provide for the development of low density, single-family residential areas (one (1) to seven (7) units per net acre). 3. R-2 Two-Family Zone. This zone is intended to provide for the development of medium density, two-family residential areas (eight (8) to seventeen (17) units per net acre). 4. R-3 Multifamily Zone. This zone is intended to provide for the development of high density multiple family units (eighteen (18) to thirty (30) units per net acre), such as apartments, condominiums, townhouses or other group dwellings compatible for the neighborhood environment.

3. CRR Commercial, Residential, Resort Zone. This zone is intended to allow for sufficient diversity of land use types in the area along the Colorado River catering to the resort atmosphere. Depending upon the nature of the development, this zone can support the full range of residential and commercial densities as appropriate. (Ord. 427-AC)

93.04 Commercial Zones 1. The following commercial zones are established: C-1, C-2, and C-3. These zones are created to accomplish the purposes and serve the objectives set forth in the remainder of this section. 2. C-1 Neighborhood Commercial Zone. This zone is intended to serve the daily or frequent food and convenience needs of families within their respective service areas -- usually one-half (1/2) to one (1) mile. The uses normally include a supermarket and small shops such as drug store, barber and beauty shops, laundry and cleaning service. The overall site area should be sufficient to provide for the supportable commercial facilities as well as sufficient parking.

3. C-2 General Commercial Zone. This zone is generally intended for uses in central business district (particularly those that are pedestrian oriented) accommodating a wide range of commercial and associated residential uses.

4. C-3 Highway Commercial Zone. This zone is intended for uses that do not fit into any of the other commercial development in that businesses would include those not associated with the CBD or neighborhood center such as shopping centers, automobile sales and services, commercial recreation, gasoline service stations, restaurants and motels and miscellaneous commercial uses. Naturally, many of the highway commercial uses would be located adjacent to the freeway interchanges.

5. CRR Commercial, Residential, Resort Zone. This zone is intended for types of uses that would occur essentially along the river and contain apartments, hotels, motels, restaurants, boat clubs, marinas, specialty and gift shops and convenience services, goods and supplies for boat owners, water skiers, scuba divers and the visiting public, using marina and aquatic recreational facilities. This zone is intended to allow for sufficient diversity of land use types in the resort tourist areas for interest, convenience and resort atmosphere while avoiding the dangers of overcrowding and haphazard mixing of land uses. (Ord. 427-AC)

93.05 Manufacturing Zones The following are established primarily to accommodate enterprises engaged in the manufacturing, processing, creating, repairing, renovating, painting, cleaning, or assembling of goods, merchandise, or equipment: M-1 and M-2. The performance standards set forth in later sections place limitations in the characteristics of uses located in these zones. The limitations in the M-1 zone are less restrictive than those in the M-2 zone. (Ord. 427-AC)

93.06 Public Facilities Zone

This zone is intended for public facilities such as schools, parks, civic centers, etc. (Ord. 427-AC)

93.07 Open Space Zone This zone category is for land in the city not designated for residential commercial, industrial, parks and recreation or institutional uses. Development may be allowed in open space areas under the PUD process. (Ord.427-AC) Article IV Permits 94.00 Permits Required 94.01 Eligible Applicants 94.02 Complete Applications 94.03 Staff Consultation Before Formal Application 94.04 Staff Consultation After Application Submitted 94.05 Zoning Permits 94.06 Special Use Permits And Conditional Use Permits 94.07 Recommendations On Conditional Use Permit Applications 94.08 Council Action On Conditional Use Permits 94.09 Planning Commission Action On Special Use Permits 94.10 Additional Requirements On Special Use And Conditional Use Permits 94.11 No Occupancy, Use, Or Sale Of Subdivision Lots Until Requirements Fulfilled 94.12 Completing Developments In Phases 94.13 Expiration Of Permits 94.14 Effect Of Permit On Successors And Assigns 94.15 Amendments To And Modifications Of Permit 94.16 Reconsideration Of Planning Commission Actions 94.17 Applications To Be Processed Expeditiously 94.18 Maintenance Of Common Areas, Improvements And Facilities 94.19 Reasonable Accommodation Applications Ord. No. 427-AC, 621-AC 94.00 Permits Required

1. Permit Definitions.

   1. The use made of property may not be substantially changed, substantial clearing, grading, or excavation may not be commenced, and buildings or other substantial structures may not be constructed, erected, moved, or substantially altered except in accordance with and pursuant to one of the following permits:

      1. A zoning permit issued by the city planner;

      2. A special use permit issued by the planning commission;

      3. A conditional use permit issued by the city council;

      4. Sign permits issued by the city planner.

   2. Zoning permits, special use permits, conditional use permits and sign permits are issued under this part only when a review of the application submitted, including the plans contained therein, indicates that the development will comply with the provisions of this part if completed as proposed. Such plans and applications as are finally approved are incorporated into any permit issued, and except as otherwise provided in section 94.14, all development shall occur strictly in accordance with such approved plans and applications.

   3. Physical improvements to land to be subdivided may not be commenced except in accordance with a conditional use permit.

2. A zoning permit, conditional use permit, special use permit, or sign permit shall be issued in the name of the applicant (except that application submitted by an agent shall be issued in the name of the principal), shall identify the property involved and the proposed use, shall incorporate by reference the plans submitted, and shall contain any special conditions or requirements lawfully imposed by the permit-issuing authority. All such permits issued with respect to tracts of land in excess of one (1) acre (except sign permits and zoning permits for single- family and two-family residential uses) shall be recorded in the San Bernardino County registry after execution by the record owner. (Ord. 427-AC)

   2. Site Plan Permit Requirements. A site plan shall be drawn to scale of an adequate size and shall indicate clearly and with full dimensions the following data where applicable: 1. Exterior boundary lines of the property indicating easements, dimensions and lot size.

      2. All adjacent streets or rights-of-way, including 1 bicycle and/or hiking trails.

      3. Location, elevations, size, height, dimensions, materials, colors, and proposed use of all buildings and structures (including walls, fences, signs, lighting and hooding devices) existing and intended to remain on the site.

      4. Setback information for all buildings existing and proposed at the site.

      5. Distances between all structures and between all property lines or easements and structures.

      6. Any nearby buildings which are relevant to this application.

      7. Any existing significant natural features such as rock outcroppings, highly protected trees, creeks, knolls and ridgelines.

      8. Location, number of spaces, and dimensions of off-street parking spaces, loading docks, and maneuvering areas; indicate internal circulation.

      9. Pedestrian, vehicular and service points of ingress and egress; driveway widths, and distances between driveways.

      10. Proposed landscaping; include quantity, location, varieties and container size.

      11. Proposed grading plan (for sites having over five (5) foot grade differential), showing existing and proposed contours, and the direction and path of drainage on, through and off the site; indicate any proposed drainage channels or facilities.

      12. Required and existing street dedications and improvements such as sidewalks, curbing and pavement. Indicate widths, radii of curves, street grades and whether streets are public or private.

      13. Other such data as may be required to by the Planning Commission and City Council or the City Planner to make the required findings for approval of the specific type of application. 14. Scale shown as "Scale: 1 inch =feet" and North arrow.

      14. Vicinity map indicating nearby cross streets in relation to site (need not be to scale).

      15. Whether the proposed site is in a FEMA flood plain.

• HISTORY Amended by Ord. 663-AC on 10/24/2023 94.01 Eligible Applicants 1. Applications for zoning, special use, conditional use, or sign permits will be accepted only from persons having the legal authority to take action in accordance with the permit approval. By way of illustration, in general this means that applications should be made by the owners or lessees of property, or their agents, or persons who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this part, or the agents of such persons (who may make application in the name of such owners, lessees, or contract vendees).

• 2. The city planner may require an applicant to submit evidence of his/her authority to submit the application in accordance with subsection (a) of this section whenever there appears to be a reasonable basis for questioning this authority. (Ord. 427-AC)

• HISTORY Repealed & Replaced by Ord. 663-AC on 10/24/2023 94.02 Complete Applications 1. All applications for zoning, special use, conditional use, or sign permits must be complete before the permit issuing authority is required to consider the application. 2. Subject to subsection (c) of this section, an application is complete when it contains all of the information that is necessary for the permit issuing authority to decide whether or not the development, if completed as proposed, will comply with all of the requirements of this part.

• 3. In this part, detailed or technical design requirements and construction specifications relating to various types of improvements (streets, sidewalks, etc.) are set forth in one (1) or more of the appendices to this part. It is not necessary that the application contain the type of detailed construction drawings that would be necessary to determine compliance with these appendices, so long as the plans provide sufficient information in the light of the substantive requirements set forth in this text of this part.
• 4. The city planner shall make every effort to develop application forms, instructional sheets, checklists, or other techniques or devices to assist applicants in understanding the application requirements and the form and type of information that must be submitted. In classes of cases where a minimal amount of information is necessary to enable the City Planner to determine compliance with this part, such as applications for zoning permits to construct single-family or two-family houses, or applications for sign permits, the city planner shall develop standard forms that will expedite the submission of the necessary plans and other required information. (Ord. 427-AC)

• HISTORY Repealed & Replaced by Ord. 663-AC on 10/24/2023 94.03 Staff Consultation Before Formal Application 1. To minimize development planning costs, avoid misunderstanding or misinterpretation, and ensure compliance with the requirements of this part, preapplication consultation between the developer and the planning staff is encouraged or required as provided in this section.

• 2. Before submitting an application for a conditional use permit authorizing a development that consists of or contains a major subdivision, the developer shall submit to the City Planner a preliminary site-plan for such subdivision, drawn approximately to scale (one (1) inch equals one hundred (100) feet). The preliminary site plan shall contain: 1. The name and address of the developer;

     2. The proposed name and location of the subdivision; 
     
     3. The approximate total acreage of the proposed subdivision;
     

2. The application is incomplete; or

3. If completed as proposed in the application, the development will not comply with one (1) or more requirements of this part.

4. Even if the permit-issuing body finds that the application complies with all other provisions of this part, it may still deny the permit if it concludes based upon the information submitted at the hearing, that if completed as proposed, the development, more probably than not:

     1. Will materially endanger the public health or safety; or 
   
     2. Will not be in general conformity with the general plan. (Ord. 427-AC)
   

• HISTORY Repealed & Replaced by Ord. 663-AC on 10/24/2023 94.07 Recommendations On Conditional Use Permit Applications 1. Before being presented to the council, an application for a conditional use permit shall be submitted to the planning commission for a public hearing and action. 2. When presented to the planning commission, the application shall be accompanied by a staff report setting forth the planning department’s proposed findings concerning the application's compliance with other requirements of this part, as well as any staff recommendations for additional requirements to be imposed by the council. If the planning department’s report proposes a finding or conclusion that the application fails to comply with any other requirement of this part, it shall identify the requirement in question and specifically state supporting reasons for the proposed findings or conclusions.

  3. The planning commission shall consider the application and the attached staff report in a timely fashion.

  4. After planning commission action, the planning staff shall report to the council the planning commission recommendation and the reasons thereof. 5. In response to the planning commission recommendations, the applicant may modify his application prior to submission to the council, and the planning staff may likewise revise its recommendations. (Ord. 427-AC)

1. The council shall consider whether the application is complete. If no member moves that the application be found incomplete (specifying

2. either the particular type of information lacking or the particular requirement with respect to which the application is incomplete) then this shall be taken as an affirmative finding by the council that the application is complete.

3. The council shall consider whether the application complies with all of the applicable requirements of this part. If a motion to this effect passes, the council need not make timer findings concerning such requirements.

4. If such a motion fails or is not made then a motion shall be made that the application be found not in compliance with one or more of the requirements of this part. Such a motion shall specify the particular requirements the application fails to meet. Separate votes may be taken with respect to each requirement not met by the application.

5. If the council concludes that the application fails to comply with one (1) or more requirements of this part, the application shall be denied.

• If the council concludes that all such requirements are met, it shall issue the permit unless it adopts a motion to deny the application for one (1) or more of the reasons set forth in section 94.07(d). Such a motion shall propose specific findings, based upon the evidence submitted, justifying such a conclusion. (Ord. 427-AC) HISTORY Repealed & Replaced by Ord. 663-AC on 10/24/2023 94.09 Planning Commission Action On Special Use Permits In considering whether to approve an application for a special use permit, the planning commission shall proceed in the same manner as the council when considering conditional use permit applications. 1. The planning commission shall consider whether the application is complete. If the planning commission concludes that the application is incomplete and the applicant refuses to provide the necessary information, the application shall be denied. A motion to this effect shall specify either the particular type of information lacking or the particular requirement with respect to which the application is incomplete. A motion to this effect, concurred in by two (2) members of the planning commission, shall constitute the planning commission's finding on this issue. If a motion to this effect is not made and concurred in by at least two (2) members, this shall be taken as an affirmative finding by the commission that the application is complete.

2. The planning commission shall consider whether the application complies with all of the applicable requirements of this part. If a motion to this effect passes by the necessary majority vote, the planning commission need not make further findings concerning such requirements. If such a motion fails to receive the necessary majority vote or is not made, then a motion shall be made that the application be found not in compliance with one (1) or more requirements of this part. Such a motion shall specify the particular requirements the application fails to meet. A separate vote may be taken with respect to each requirement not met by the application, and a majority vote of the commission (excluding vacant seats) in favor of such a motion shall be sufficient to constitute such motion a finding of the commission. If the planning commission concludes that the application fails to meet one (1) or more of the requirements of this part, the application shall be denied.

3. If the planning commission concludes that all such requirements are met, it shall issue the permit unless it adopts a motion to deny the application for one (1) or more of the reasons set forth in section 94.07(d). Such a motion shall propose specific findings, based upon the evidence submitted, justifying such a conclusion. Since such a motion is not in favor of the applicant, it is carried by a simple majority vote. (Ord. 427-AC)

that all such requirements are met, it shall issue the permit unless it adopts a motion to deny the application for one (1) or more of the reasons set forth in section 94.07(d). Such a motion shall propose specific findings, based upon the evidence submitted, justifying such a conclusion. Since such a motion is not in favor of the applicant, it is carried by a simple majority vote. (Ord. 427-AC)

HISTORY Repealed & Replaced by Ord. 663-AC on 10/24/2023 94.10 Additional Requirements On Special Use And Conditional Use Permits 1. Subject to subsection (b) of this section, in granting a special or conditional use permit, the planning commissioner or city council, respectively, may attach to the permit such reasonable requirements in addition to those specified in this part as will ensure that the development in its proposed location:

  1. Will not endanger the public health or safety; 

  2. Will be in conformity with the general plan. 

2. The permit-issuing body may not attach additional conditions that modify or alter the specific requirements set forth in the ordinance codified in this part unless the development in question presents extraordinary circumstances that justify the variation from the specified requirements.

3. Without limiting the foregoing, the planning commission may attach to a permit a condition limiting the permit to a specified duration.

4. All additional conditions or requirements shall be entered on the permit. (Ord. 427-AC)

1. If a development is constructed in phases or stages in accordance with this section, then, subject to subsection (c) of this section, the provisions of Section 94.12 (No occupancy, use, or sale of lots until requirements fulfilled) shall apply to each phase as if it were the entire development.

2. As a prerequisite to taking advantage of the provisions of subsection (a) of this section, the developer shall submit plans that clearly show the various phases or stages of the proposed development and the requirements of this part that will be satisfied with respect to each phase or stage.

3. If a development that is to be built in phases or stages includes improvements that are designed to relate to, benefit, or be used by the entire development (such as a swimming pool or tennis courts in a residential development) then, as part of his application for development approval, the developer shall submit a proposed schedule for completion of such improvements. The schedule shall relate completion of such improvements to completion of one (1) or more phases or stages of the entire development. Once a schedule has been approved and made part of the permit by the permitissuing authority, no land may be used, no buildings may be occupied, and no subdivision lots may be sold except in accordance with the approved schedule. (Ord. 427-AC)

1. Zoning, special use, conditional use, and sign permits shall expire automatically.

2. If, within twelve (12) months after issuance of such permits:

   1. The use authorized by such permits has not commenced, in circumstances where no substantial construction, erection, alteration, excavation, demolition, or similar work is necessary before commencement of such use, or

   2. Less than ten (10) percent of the total cost of all construction, erection, alteration, excavation, demolition, or similar work on any development authorized by such permits has been completed on the site. With respect to phased development this requirement shall apply only to the first phase.

   3. If after some physical alteration to land or structures begins to take place, such work is discontinued for a period of twelve (12) months, then the permit authorizing such work shall immediately expire. However, expiration of the permit shall not affect the provisions of section 94.15.

3. The permit-issuing authority may extend for a period up to twelve (12) months the date when a permit would otherwise expire pursuant to subsections (a) or (b) of this section if it concludes that: (1) the permit has not yet expired; (2) the permit recipient has proceeded with due diligence and in good faith; and (3) conditions have not changed so substantially as to warrant a new application. Successive extensions may be granted for periods up to twelve (12) months upon the same findings. All such extensions may be granted without resort to the formal processes and fees required for a new permit.

permit has not yet expired; (2) the permit recipient has proceeded with due diligence and in good faith; and (3) conditions have not changed so substantially as to warrant a new application. Successive extensions may be granted for periods up to twelve (12) months upon the same findings. All such extensions may be granted without resort to the formal processes and fees required for a new permit.

5. For purposes of this section, the permit within the jurisdiction of the council or the planning commission is issued when such commission votes to approve the applications and issue the permit. A permit within the jurisdiction of the city planner is issued when the earlier of the following takes place: 1. A copy of the fully executed permit is delivered to the permit recipient, and delivery is accomplished when the permit is mailed to the permit applicant or sent through electronic delivery; or 2. The city planner notifies the permit applicant that the application has been approved and that all that remains before a fully executed permit can be delivered is for the applicant to take certain specified actions, such as having the permit executed by the property owner so it can be recorded if required. (Ord. 427-AC)

HISTORY Repealed & Replaced by Ord. 663-AC on 10/24/2023 94.14 Effect Of Permit On Successors And Assigns 1. Zoning, special use, conditional use, and sign permits authorize the permittee to make use of land and structures in a particular way. Such permits are transferable. However, so long as the land or structures or any portion thereof covered under a permit continues to be used for the proposes for which the permit was granted, then: 1. No person (including successors or assigns of the person who obtained the permit) may make use of the land or structures covered under such permit for the purposes authorized in the permit except in accordance with all the terms and requirements of that permit; and

2. The terms and requirements of the permit apply to and restrict the use of land or structures covered under the permit, not only with respect to all persons having any interest in the property at the time the permit was obtained, but

3. Also with respect to persons who subsequently obtain, any interest in all or part of the covered property and wish to use it for or in connection with purposes other than those for which the permit was originally issued, so long as the persons who subsequently obtain an interest in the property had actual or record notice (as provided in subsection (b) of this section) of the existence of the permit at the time they acquired their interest.

4. Whenever a special use, or conditional use permit is issued to authorize development (other than single-family or two-family residences) on a tract of land, nothing authorized by the permit may be done until the record owner of the property signs a written acknowledgment that the permit has been issued so that the permit. (Ord. 427-AC)

HISTORY Repealed & Replaced by Ord. 663-AC on 10/24/2023 94.15 Amendments To And Modifications Of Permit 1. Insignificant deviations from the permit (including approved plans) issued by the city council, the planning commission or the city planner are permissible and the city planner may authorize such insignificant deviations. A deviation is insignificant if it has no discernible impact on neighboring properties, the general public, or those intended to occupy or use the proposed development.

2. Minor design modifications or changes in permits (including approved plans) are permissible with the approval of the permit-issuing authority. For purposes of this section, minor design modifications or changes are those that have no substantial impact on neighboring properties, the general public, or those intended to occupy or use the proposed development.

3. All other requests for changes in approved plans will be processed as new applications. If such requests are required to be acted upon by the council or planning commission, new conditions may be imposed, but the applicant retains the right to reject such additional conditions by withdrawing his request for an amendment and may then proceed in accordance with the previously issued permit.

4. The city planner shall determine whether amendments to and modifications of permits fall within the categories set forth above in subsections (a), (b), and (c) of this section. 5. A developer requesting approval of changes shall submit a written request for such approval to the city planner and that request shall identify the changes. Approval of all changes must be given in writing. (Ord. 427-AC)

HISTORY Repealed & Replaced by Ord. 663-AC on 10/24/2023 94.16 Reconsideration Of Planning Commission Actions Whenever: 1. The city council disapproves a conditional use permit application; or 2. The planning commission disapproves an application for a special use permit or a variance, on any basis other than the failure of the applicant to submit a complete application, such action may not be reconsidered by the respective body at a later time unless the applicant clearly demonstrates that: 1. Circumstances affecting the property that is the subject of the application have substantially changed, or 2. New information is available that could not with reasonable diligence have been presented at a previous hearing. 3. The Applicant has substantially changed the design of the project.

3. A request to be heard on this basis must be filed with the city planner within the time period for an appeal. However, such a request does not extend the period within which an appeal must be taken. (Ord. 427-AC)

HISTORY Repealed & Replaced by Ord. 663-AC on 10/24/2023 94.17 Applications To Be Processed Expeditiously Recognizing that inordinate delays in acting upon appeals or applications may impose unnecessary costs on the appellant or applicant, the city shall make every reasonable effort to process appeals and permit applications as expeditiously as possible, consistent with the need to ensure that all development conforms to the requirements of this part. (Ord. 427-AC) HISTORY Repealed & Replaced by Ord. 663-AC on 10/24/2023 94.18 Maintenance Of Common Areas, Improvements And Facilities The recipient of any zoning, special use, conditional use, or sign permit, or his successor, shall be responsible for maintaining all common areas, improvements, or facilities required by this part or any permit issued in accordance with its provisions, except those areas, improvements, or facilities with respect to which an offer of dedication to the public has been accepted by the appropriate public authority. As illustrations, and without limiting the generality of the foregoing, this means that private roads and parking areas, water and sewer lines, and recreational facilities must be properly maintained so that they can be used in the manner intended, and required vegetation and trees used for screening, landscaping, or shading must be replaced if they die or are destroyed. (Ord. 427-AC) HISTORY Repealed & Replaced by Ord. 663-AC on 10/24/2023 94.19 Reasonable Accommodation Applications 1. Reasonable Accommodation. 1. A modification in the application of land use or zoning regulations or in the application of land use, zoning, or building policies, procedures, or practices when necessary to eliminate barriers to housing opportunities, which does not impose undue financial or administrative burdens on the City or require a fundamental or substantial alteration of the City's regulations, policies, procedures or practices.

2. Reasonable Accommodation for Residential Uses. A request for reasonable accommodation can be made by any individual with a disability, his or her representative, or a developer or provider of housing for an individual with a disability, when the application of a land use or zoning regulation, or land use, zoning, or building policy, practice or procedure acts as a barrier to fair housing.

   3. The purpose of granting an application for Reasonable Accommodation is to provide an individual with health conditions and impairments, the representative, or a developer or provider of housing for an individual with a disability, a modification with respect to the application of land use, or zoning regulations, and in the application of land use, zoning, or building policies, practices or procedures when those regulations, policies and procedures act as a barrier to fair housing. An application for Reasonable Accommodation may be filed with the Planning Department as provided in Article IV Section.

dual with a disability, a modification with respect to the application of land use, or zoning regulations, and in the application of land use, zoning, or building policies, practices or procedures when those regulations, policies and procedures act as a barrier to fair housing. An application for Reasonable Accommodation may be filed with the Planning Department as provided in Article IV Section.

4. Definitions. Article II Section 92 is hereby amended to add the following definitions: 5. Fair Housing Laws. The Federal Fair Housing Act (42 U.S.C. § 3601 et. Seq.), the California Fair Employment and Housing Act (Government Code §12900 et seq.), and the California Disabled Persons Act (Civil Code § 54 et.Seq.).

5. Individual with a Disability. A person who has a medical, physical, or mental conditions that limits a major life activity, as those terms are defined in California Government Code section 12926

6. Submittal Requirements for Reasonable Accommodations. Each application for a Reasonable Accommodation shall be accompanied by the site plan information required by Article IV Section 94 (2) (a) through (j). The application shall be accompanied by the following information: 1. The name, address, and phone number for the applicant and owner of the property for which the reasonable accommodation request is being made; 2. The current and proposed use of the property for which the reasonable accommodation request is being made; 3. If the applicant is someone other than the property owner, a letter of agency or authorization signed by the property owner consenting to the application being made; 4. The basis for the claim that the individual to be reasonably accommodated is an Individual with a Disability under the Fair Housing Laws;

   5. The land use or zoning regulation, or land use, zoning, or building policy, practice or procedure for which reasonable accommodation is being requested; 6. The type of accommodation sought;

   6. The reason(s) why the accommodation is necessary for the needs of the people with health conditions or impairment person. Where appropriate, include a summary of any potential means and alternatives considered in evaluating the need for the accommodation;

   7. Copies of memoranda, correspondence, pictures, plans or background information

   8. Reasonably necessary to reach a decision regarding the need for the accommodation; other supportive information deemed necessary by the department to facilitate proper consideration of the request, consistent with fair housing laws.

   9. Completion of a CEQA Checklist if proposed site is on vacant land.

7. Findings. The reviewing authority shall approve the application, with or without conditions, unless it determines on the basis of substantial evidence that one or more of the following findings cannot be made:

   1. The accommodation is requested by or on behalf of an individual with a disability protected under the fair housing laws.

   2. The housing, which is subject to the requested accommodation, will be used by an individual with a disability protected under fair housing laws.

8. The requested accommodation is necessary to provide an individual with a disability an equal opportunity to use and enjoy a dwelling.

   4. The requested accommodation will not impose an undue financial or administrative burden on the City.

   5. The requested accommodation would not require a fundamental alteration in the nature of a City program or law, including land use and zoning.

   6. Other Discretionary approvals. If the project requires other discretionary approval (such as a Conditional Use Permit or Variance) independent of the reasonable accommodation request, then the reasonable accommodation application will be decided prior to the other applications. Such decisions shall not to be-reconsidered as part of the subsequent approvals but shall be regarded as independent entitlements.

   7. Decisions. The City Planner shall, within 30 days of determining the application complete, approve, approve with conditions, or deny the application based on the findings set forth in Article IV Section 94.19 (2), and may impose such conditions as it deems necessary to ensure the accommodation will comply with the findings required in Article IV Section 94.19 (2) and fair housing laws. As part of consideration of a request for a reasonable accommodation related to construction of new dwelling or dwellings, the City Planner may consult with the Design Review Committee regarding the requested accommodation and any options that may result in a reasonable accommodation. While any request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

   8. Appeals. The decision of the City Planner may be appealed in accordance with Article XVIII "Enforcement and Review" Appeals are subject to payment of the fee imposed on appeals in the City's Master Fee Schedule.

   9. Nonconforming Status. All improvements constructed under the auspices of this chapter shall be removed upon the vacation of the unit by the person to whom the reasonable accommodation was granted unless the Development Department Director, City Planner, Building Official, or other discretionary reviewing authority, as applicable, makes a determination as follows: 1. The unit has been preoccupied by a qualified person or such improvements provide benefit for future occupancy by a qualified person; or

9. The removal of the improvement is not readily achievable without making significant structural changes that would impact the safety and soundness of the structure, as determined solely by the Building Official, or such costs of removal equal or exceed 25 percent of the market value of the structure.

10. Confidentiality. Medical information provided to the City related to the person for whom a reasonable accommodation is being requested shall be retained in a manner so as to respect to the privacy rights of the applicant to the extent feasible, shall be kept confidential and shall not be made available to the public, pursuant to state and federal law.

11. Urgent, Temporary and Unforeseen Need. Upon receipt of the application required by Article IV Section 94.19 (2), and without the right of appeal provided by Article IV Section 94.19 (6), upon a showing of an urgent, temporary and unforeseen need made by or on behalf of an Individual with a Disability, the Zoning Administrator shall approve as a Temporary Reasonable Accommodation temporary ramps and temporary and easily remediated alterations to a building that are not designed or intended nor allowed to remain for more than 90 days following such approval during a period of temporary disability (90 days maximum) or during a period during which an application for Reasonable Accommodation has been made and has not been acted upon with, finality. Any approved Temporary Reasonable Accommodation shall be removed within the period of time established for such removal by the City Planner at the time of approval.

HISTORY Amended by Ord. 621-AC on 8/13/2019 Article V Appeal, Variances, Interpretations 95.00 Appeals 95.01 Variances 95.01.1 Limitations On Granting Waivers And Variances 95.02 Interpretations 95.03 Requests To Be Heard Expeditiously 95.04 Burden Of Proof In Appeals And Variances 95.05 Action On Appeals And Variances (Ord. 427-AC, 460-AC) 95.00 Appeals 1. An appeal from any final order or decision of the city planner may be taken to the planning commission by any person aggrieved. An appeal is taken by filing with the city planner and the planning commission written notice of appeal specifying the grounds therefor. A notice of appeal shall be considered filed with the city planner or council when delivered to the planning department, and the date and time of filing shall be entered on the notice by the planning staff.

2. An appeal from any final order or decision of the planning commission may be taken to the city council by any person aggrieved. Filing of appeal shall be the same procedure as described in subsection (a) of this section.

3. An appeal must be taken within ten days after the date of the decision or order appealed from. 4. Whenever an appeal is filed, the city planner shall forthwith transmit to the planning commission or city council all the papers constituting the record relating to the action appealed from. 5. The planning commission or council may reverse or affirm (wholly or partly) or may modify the order, requirement, decision or determination appealed from and shall make any order, requirement, decision or determination that in its opinion ought to be made in the case before it. To this end, the commission shall have all the powers of the officer from whom the appeal is taken. (Ord. 427-AC)

95.01 Variances 1. An application for a variance shall be submitted to the planning commission by filing a copy of the application with the city planner in the planning department. Applications shall be handled in the same manner as applications for special use permits.

2. A variance may be granted by the planning commission if it concludes that strict enforcement of the ordinance codified in this part would result in practical difficulties or unnecessary hardships for the applicant and that, by granting the variance, the spirit of the ordinance codified in this part will be observed, public safety and welfare secured, and substantial justice done. It may reach these conclusions if it finds that: 1. If the applicant complies strictly with the provisions of the ordinance codified in this part, he can make no reasonable use of his property; 2. The hardship of which the applicant complains is one suffered by the applicant rather than neighbors or the general public; 3. The hardship relates to the applicant’s land, rather that personal circumstances; 4. The hardship is unique, or nearly so, rather than one shared by many surrounding properties; 5. The hardship is not the result of the applicant’s own actions; and 6. The variance will neither result in the extension or initiation of a nonconforming situation.

3. In granting variances, the planning commission may impose such reasonable conditions as will ensure that the use of the property to which the variance applies will be as compatible as practicable with the surrounding properties.

4. A variance may be issued for an indefinite duration or for a specified duration only. 5. The nature of the variance and any conditions attached to it shall be entered on the face of the zoning permit, or the zoning permit may simply note the issuance of the variance and refer to the written record of the variance for further information. All such conditions are enforceable in the same manner as any other applicable requirement of this part. (Ord. 427-AC)

95.01.1 Limitations On Granting Waivers And Variances Neither the city council nor the planning commission is authorized to grant waivers or variances to any of the provisions of this Part III, except: 1. Only if necessary and only to the extent necessary to prevent the taking of property in violation of the federal or state constitutions by the strict applications of the requirements of this Part III; or 2. As provided in Section 95.01. (Ord. 460-AC)

95.02 Interpretations

1. The planning commission is authorized to interpret the zoning map and to pass upon disputed questions of lot lines or district boundary lines and similar questions, if such questions arise in the context of an appeal from a decision of the city planner.

2. An application for a map interpretation shall be submitted to the planning commission by filing a copy of the application with the city planner in the planning department. The application shall contain sufficient information to enable the commission to make the necessary interpretation.

3. Where uncertainty exists as to the boundaries of zones as shown on the official zoning map, the following rules shall apply:

   1. Boundaries indicated as approximately following the centerlines of alleys, streets, highways, streams or railroads should be construed to follow such centerlines;

4. Boundaries indicated as approximately following lot lines, city limits or extraterritorial boundary lines, shall be construed as following such lines, limits or boundaries;

   3. Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as following such shorelines;

   4. Where a district boundary divides a lot or where distances are not specifically indicated on the official zoning map, the boundary shall be determined by measurement, using the scale of the official zoning map;

   5. Where any street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment.

5. Interpretations of the location of floodway and floodplain boundary lines may be made by the city planner. (Ord. 427-AC)