Article 40 — Environmental Review (City-wide) — Oceanside Zoning Code

Sections:

4001 Environmental Review

The City of Oceanside is the Lead Agency, responsible for the administration of the California Environmental Quality Act (CEQA) for all applications determined to be projects, as defined by the CEQA Guidelines.

A project that is not ministerially or categorically exempt from CEQA and is the subject of an application for a discretionary approval, including but not limited to a General Plan Amendment, Zoning Map Amendment, Tentative Map, Development Plan, Use Permit, Variance, Master Plan, Specific Plan, PD Plan, HD Plan, MHP Plan, or NC Plan shall be subject to environmental review and shall be the subject of a Negative Declaration or an Environmental Impact Report (EIR).

A. Lead Agency Responsibilities. The City Planner shall perform environmental review of an application in accordance with CEQA and the CEQA Guidelines. Environmental review shall include:
1. Determination that an application is a project as defined by CEQA;
2. Review for exemption status;
3. Preparation of an initial study for applications determined not to be exempt;
4. Preparation of the appropriate CEQA document (Negative Declaration or Environmental Impact Report); and
5. Processing of the CEQA document.

The City Planner shall determine the potential for significant environmental impacts associated with an application and require the preparation of a Negative Declaration or Environmental Impact Report. The City Planner’s decision may be appealed by the applicant or other interested party to the Planning Commission, Community Development Commission or Harbor Board of Directors, as the case may be. Final adoption of the CEQA document is the responsibility of the discretionary body having the final discretionary approval responsibility.

B. Duties of Other Agencies. Agencies and bodies other than the lead agency shall have the powers and responsibilities assigned to responsible and trustee agencies by CEQA and CEQA guidelines.

40-1

CITY OF OCEANSIDE COMPREHENSIVE ZONING ORDINANCE

- Article 41 Use Permits and Variances (City wide)

Sections:

4101 Purposes 4102 Authority of the City Planner, Planning Commission, Harbor Board of Directors, Community Development Commission and City Council

4103 Application for Use Permit or Variance 4104 Notice, Administrative Decision, and Public Hearing 4105 Required Findings 4106 Conditions of Approval 4107 Effective Date

4108 Lapse of Approval; Time Extension ; Transferability; Discontinuance; Revocation 4109 Changed Plans 4110 Appeals

4101 Purposes

This article provides the flexibility in application of land use and development regulations necessary to achieve the purposes of this ordinance by establishing procedures for approval, conditional approval, or disapproval of use-permit and variance applications. Use permits are required for use classifications typically having unusual site development features or operating characteristics requiring special consideration so that they may be designed, located, and operated compatibly with uses on adjoining properties and in the surrounding area.

Variances are intended to resolve practical difficulties or unnecessary physical hardships that may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from geographic, topographic, or other physical conditions on the site or in the immediate vicinity; or from street locations or traffic conditions in the immediate vicinity of the site. Cost to the applicant of strict compliance with a regulation shall not be the sole reason for granting a variance.

Variances may be granted with respect to fences, walls, landscaping, screening, site area, site dimensions, yards, height of structures, courts, distances between structures, open space, signs, off-street parking and off-street loading, frontage, locational requirements and performance standards.

Authorization to grant variances does not extend to use regulations because the flexibility necessary to avoid results inconsistent with the land use objectives of this ordinance is provided by the use permit process for specified uses and by the authority of the Planning

(Bold/underlined/italicized or stricken text indicates City Council adopted revisions, in effect in inland areas only. California Coastal Commission acceptance of a LCPA for coastal zone properties is currently pending) 41-1

CITY OF OCEANSIDE COMPREHENSIVE ZONING ORDINANCE

Commission, Harbor Board of Directors or Community Development Commission to determine whether a specific use belongs within one or more of the use classifications listed in Article 4.

4102 Authority of the City Planner, Planning Commission, Harbor Board of Directors, Community Development Commission and City Council

The Planning Commission shall approve, conditionally approve, or disapprove applications for use permits or variances which are consistent with the General Plan subject to the general purposes of this ordinance, the specific purposes of the base or overlay zoning district in which a development site is located, and the provisions of this article, unless authority for a decision on a use permit is specifically assigned to the City Planner in the individual articles of this ordinance.

Within designated redevelopment areas, the City Planner shall recommend approval, conditional approval, or denial of applications for use permits or variances to the Community Development Commission (acting as the Planning Commission for the designated redevelopment area), which shall have final decision-making authority over such applications under this article.

The City Planner may refer development ~~plans for any project~~ proposals involving conditional use(s) or variance(s) to the Planning Commission or Community Development Commission, as the case may be, for review and approval if he or she finds that the project may conflict with the purposes and standards of the base district and any overlay districts applicable to the project or with the purposes of this article, or if public services and facilities serving the project may be inadequate. Such projects shall be the subject of a public hearing, as provided by Section 4305.

Within the Oceanside Small Craft Harbor, recommendations shall be made by the Harbor Chief Executive Officer for processing and action by the Harbor Board of Directors, which shall have final decision-making authority, except for projects that are also within a redevelopment area, in which case the Community Development Commission shall have final authority.

For use permits involving condominium conversions of five units or more, mobile home park conversions, and regulated uses not within a redevelopment area or the Harbor, the City Council shall have final decision-making authority (see Articles 32, 34 and 36 respectively)

4103 Application for Use Permit or Variance

Applications for use permits and variances shall be initiated by submitting the following

CITY OF OCEANSIDE COMPREHENSIVE ZONING ORDINANCE

materials to the Planning Division:

A. A completed application form, signed by the property owner or authorized agent, accompanied by the required fee, plans and mapping documentation in the form
prescribed by the City Planner;
- B. A map showing the location and street address of the development site and all lots within 300 feet of the boundaries of the site; and
- C. A list, drawn from the last equalized property tax assessment roll, showing the names and addresses of the owners of record of each lot within 300 feet of the boundaries of the site. This list shall be keyed to the map required in subsection (B) above.

4104 Notice, Administrative Decision, and Public Hearing

A. Administrative Decision. For use permit applications that only require the consideration of the City Planner, the City Planner shall administratively approve, conditionally approve, or disapprove the use permit application.
B. Public Hearing Required. For use permit and variance applications that require the consideration of the Planning Commission, Community Development Commission or Harbor Board of Directors, a public hearing of the Planning Commission, Community Development Commission, or Harbor Board of Directors shall be held to approve, conditionally approve, or disapprove the use permit or variance application.

Public Hearing Required. For use permit and variance applications that require the consideration of the Planning Commission, Community Development Commission or Harbor Board of Directors, a public hearing of the Planning Commission, Community Development Commission, or Harbor Board of Directors shall be held to approve, conditionally approve, or disapprove the use permit or variance application.

C. Time of Administrative Decision or Public Hearing. Within 10 working days after acceptance of a complete application, the City Planner shall set a time and place for an administrative decision or a public hearing to be held within 60 days.
D. Notice. Notice of the administrative decision or public hearing shall be given in the following manner:
1. Published Notice. Notice shall be published in at least one newspaper of general circulation within the City at least 10 days prior to the administrative decision or public hearing on the project.
2. Mailed or Delivered Notice. At least 10 days prior to the administrative decision or public hearing, notice shall be mailed to the applicant and all owners of property within 300 feet of the boundaries of the site, as shown on the last equalized property tax assessment role.
E. Contents of Notice. The notice of the administrative decision or public hearing shall

CITY OF OCEANSIDE COMPREHENSIVE ZONING ORDINANCE

contain:

A description of the location of the development site and the purpose of the application;
A statement of the time, place, and purpose of the administrative decision or public hearing;
A reference to application materials on file for detailed information; and
A statement that any interested person or an authorized agent may comment or appear and be heard.

F. Multiple Applications. When applications for multiple use permits or variances on a single site are filed at the same time, the City Planner shall schedule a combined administrative decision or public hearing.

4105 Required Findings

The Planning Commission, Community Development Commission, Harbor Board of Directors or the City Planner as the case may be, may approve an application for a use permit or variance as it was applied for or in modified form as required by the City Planner, Community Development Commission, Harbor Board of Directors or Planning Commission if, on the basis of the application, plans, materials, and testimony submitted, the Planning Commission, Community Development Commission, Harbor Board of Directors or the City Planner finds:

A. For Use Permits.

That the proposed location of the use is in accord with the objectives of this ordinance and the purposes of the district in which the site is located.
That the proposed location of the conditional use and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan; will not be detrimental to the public health, safety or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to properties or improvements in the vicinity or to the general welfare of the city.
That the proposed conditional use will comply with the provisions of this ordinance, including any specific condition required for the proposed conditional use in the district in which it would be located.

CITY OF OCEANSIDE COMPREHENSIVE ZONING ORDINANCE

For properties located within the coastal zone: That the proposed conditional use will be consistent with all applicable policies of the certified Land Use Plan.

B. For Variances.
1. That because of special circumstances or conditions applicable to the development site including size, shape, topography, location or surroundings strict application of the requirements of this ordinance deprive such property of privileges enjoyed by other property in the vicinity and under identical zoning classification;
2. That granting the application will not be detrimental or injurious to property or improvements in the vicinity of the development site, or to the public health, safety or general welfare; and
3. That granting the application is consistent with the purposes of this ordinance and will not constitute a grant of special privilege inconsistent with limitations on other properties in the vicinity and in the same zoning district; and, if applicable,
4. For properties located within the OS District: That granting the application is consistent with the requirements of Section 65911 of the Government Code and will not conflict with General Plan policies governing orderly growth and development and the preservation and conservation of open-space lands.
5. For properties located within the coastal zone: That granting the application is consistent with all applicable policies of the certified Land Use Plan.

4106 Conditions of Approval

In approving a use permit or variance, the Planning Commission, Community Development Commission, Harbor Board of Directors or the City Planner as the case may be, may impose reasonable conditions necessary to:

A. Achieve the general purposes of this ordinance or the specific purposes of the zoning district in which the site is located, or to make it consistent with the General Plan;
B. Protect the public health, safety, and general welfare; and
C. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area.

Limits on Conditions of Approval. No conditions of approval of a use permit shall include

CITY OF OCEANSIDE COMPREHENSIVE ZONING ORDINANCE

use, height, bulk, density, open space, parking, loading, or sign requirements that are less restrictive than those prescribed by applicable district regulations.

4107 Effective Date

Effective Date. Use permits administratively approved by the City Planner shall become effective on the date of the City Planner's administrative decision, unless appealed to the Planning Commission, or Community Development Commission, as provided for in this article. Use permits and variances approved by the Planning Commission, Community Development Commission or Harbor Board of Directors shall become effective on the date of adoption of the Planning Commission, Community Development Commission or Harbor Board of Directors resolution, unless appealed, as provided for in Article 46.

4108 Lapse of Approvals; Time Extension; Transferability; Discontinuance; Revocation

A. Lapse of Approvals. A use permit or variance shall lapse ~~two~~ three years after the effective date of approval or conditional approval or at an alternative time specified as a condition of approval unless:
1. A grading permit has been issued and grading has been substantially completed and/or a building permit has been issued, and construction diligently pursued; or
2. A certificate of occupancy has been issued; or
3. The use is established; or
4. The use permit or variance is extended pursuant to the provisions of Article 1, Section 150 (see Article 1, Section 150: Time Extensions of Discretionary Applications).
5. In cases where a use permit or variance is approved concurrently with a Tentative Map and a Final Map or Parcel Map is recorded, the use permit or variance shall be effective for an additional 24 months from the date of recordation of the Final Map or Parcel Map.
B. Time Extension. Upon application by the project applicant filed prior to the expiration of an approved or conditionally approved use permit or variance, the time at which the use permit or variance expires may be extended by the City Planner, or the Planning Commission, Community Development Commission, or Harbor Board of Directors, as the case may be, for a period or periods not to exceed a total of three years.

CITY OF OCEANSIDE COMPREHENSIVE ZONING ORDINANCE

Application for renewal shall be made in writing to the City Planner no less than 30 days or more than 90 days prior to expiration. Decisions on Time Extensions may be appealed, as prescribed in Article 46.

C B . Transferability. Use permits and variances run with the land . The validity of a use permit or a variance shall not be affected by changes in ownership.
D C . Discontinuance. ~~A u~~ U se permit s or and variance s do not expire automatically ~~shall lapse~~ if the exercise of rights granted by it is discontinued. ~~for six consecutive months~~ .
ED . Revocation. A use permit or variance that is exercised in violation of a ·condition of approval or a provision of this ordinance may be revoked, as provided in Section 4704.

4109 Changed Plans

A. Changed Plans. A request for changes in conditions of approval of a use permit or variance, or a change to the approved plans that would affect a condition of approval, shall be treated as a new application. The City Planner may waive the requirement for a new application if the changes requested are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the project's approval or otherwise found to be in substantial conformance.

4110 Appeals

A. Rights of Appeal and Review. Use permit decisions of the City Planner may be appealed by any interested party to the Planning Commission, or Community Development Commission, as the case may be. Use permit and variance decisions of the Planning Commission may be appealed by any interested party to the City Council.
B. Procedures; Public Hearings. Procedures for appeals shall be as prescribed by Article 46.

CITY OF OCEANSIDE COMPREHENSIVE ZONING ORDINANCE

~~– Article 41 C Use Permits (Coastal Zone Exclusive of Downtown)~~

Sections:

4111 Purpose 4112 Uses Requiring Conditional Use Permit 4113 Trailers or Equipment Vans 4114 High Rise Structures 4115 Expandable Homes 4116 Residential Uses in Commercial Zones 4117 Office and Commercial Uses in Industrial Zones 4118 Travel Trailer Parks 4119 Churches in Industrial Zones 4120 Time Share Resorts

4111 Purpose

The following uses, and all matters directly related to such uses, are declared to be possessing such unique and special characteristics as to make it impractical for them to be automatically included within some or any of the zoning districts defined in this ordinance. The location and operation of any of these uses within the Coastal Zone - exclusive of the Downtown District - shall be subject to the review and issuance of either an Administrative Conditional Use Permit or a Conditional Use Permit (CUP), pursuant to Article 41.

4112 Uses Requiring Conditional Use permit

~~The following uses require conditional use permits within the zones indicated. Such permits shall be issued in accordance with the provisions of this Ordinance.~~

~~(1) Allowed within zone by right.~~

(Bold/underlined/italicized or stricken text indicates City Council adopted revisions, in effect in inland areas only. California Coastal Commission certification of a LCPA for coastal zone properties is currently pending.) 41C-8

CITY OF OCEANSIDE COMPREHENSIVE ZONING ORDINANCE

~~(X) Allowed within the zone after granting of CUP.~~

~~(A) Allowed within the zone after granting of ACUP (no mark) Not allowed within zone.~~

	O	R1	R3	RT	OP	C1	C2	M1	VC
~~Airports, heliports, landing fields~~				X	X	X	X	X
~~Ambulance services~~					X		X
~~Amusementparks~~				X		X			X
~~Apartments – 20 units +~~			X	X	X	X	X
~~Apartments – less than 20 units(per R-3)~~			1	1	X	X	X
~~Arcades~~							X
~~Automobile service stations~~						X	X	X	X
~~Bars and cocktail lounges (not associated~~ ~~with restaurant)~~							X		X
~~Bathhouses~~							X
~~Boat building, indoor construction only,~~ ~~outside rigging areas permitted~~								X
~~Campgrounds and recreation vehicleparks~~	X						X
~~Breweries, Craft~~ ~~Tier 1~~ ~~Tier 2 and/or abutting residential zones,~~ ~~Churches, or schools~~							A X
~~Car washes~~							X
~~Card rooms~~							X
~~Cemeteries~~	1
~~Churches and accessory uses~~		X	X	X	X	X	X	X
~~Clubs, lodges etc.~~ ~~(a) Nonprofit –neighborhood;~~ ~~(b) Nonprofit regional; (c) Profit~~
		X	X	X	X	X	X
				X	X	X	X
~~Columbariums, crematories, mausoleums,~~ ~~mortuaries~~	X			X	X	X	X
~~Convenience food stores~~						X	X		X
~~Dance halls/ Dance establishments~~							X
~~Day Care Facilities~~	X	X	X	X	X	X	X	X
~~Drive-in facilities~~				X		X	X		X
~~Escort services – include “out-call”~~				X			X
~~Expandable home~~		X	X	X
~~Food and Beverage Kiosk~~				X		X	X		X
~~Miniature golf courses, driving ranges~~ ~~(separate from standard golf course)~~				X		X	X
Golf course(public orprivate)	1	X	X	X	X	X	X

41C-9

CITY OF OCEANSIDE COMPREHENSIVE ZONING ORDINANCE

~~Greenhouses(no retail sales in R-1)~~								X
~~Gun shops ~~								X
~~High-rise structures (subject to provisions~~ ~~of Section 4113)~~			X	X	X	X	X	X	X	X
~~Hospitals~~			X	X	X	X	X	X
~~Hotels and motels~~					X		X	X		X
~~Industrial uses not listed in M1 Zone~~									X
~~Kennels~~								1	1
~~Light equipment rentalyards~~						X		X	1
~~Liquor Stores~~							X	X		X
~~Locker clubs~~								X
~~Massage establishments~~								X
	F	O	R1	R3	RT	OP	C1	C2	M1	VC	H
~~Mini storage/ self storage facilities~~								X	X
~~Mobile homeparks~~			X	X
~~Motor vehicle rental/sales (automobile,~~ ~~motor bike/cycle rentals, truck, trailer,~~ ~~camper, motorcycle, new or used sales,~~ ~~rentals or swap lots)~~								X	X
~~Natural mineral resources development~~	X	X	X	X	X	X	X	X	X
~~Parking lots or structures(commercial)~~					X	X	X	X	X	X
~~Pawnshops ~~								X
~~Poolrooms, billiard rooms, shooting~~ ~~galleries~~								X
~~Private security agency~~						X	X
~~Public buildings or lands owned and/or~~ ~~operated by Federal, State, County or City~~	X	X	X	X	X	X	X	1	1	X
~~Public utility stations, yards, wells and~~ ~~other similar facilities; electrical receiving~~ ~~and/or transforming stations~~	X	X	X	X	X	X	X	X	X	X
~~Race tracks (animal or auto), rodeos,~~ ~~fairground and similar facilities~~								X	X
~~Radio and television transmitters –~~ ~~commercial~~								X	X
~~Recreation facilities(private commercial)~~		1					X	X	X	X
~~Residential Care, General~~			X	X
~~Restaurant Fast Food~~					X		X	X		X
~~Riding and/or boarding stables, riding~~ ~~schools and related uses (min. site area 2 ac)~~			X
~~Sanitary land fills~~	X	X	X	X	X	X	X	X	X
~~Schools and Colleges~~		1	X	X	X	X	X	X
~~Secondhand stores~~							X	X
~~Self-service Laundromats~~							X	X
Sewage disposalplants			X	X	X	X	X	X	X	X
~~Shooting gallery~~								X
~~Signs over 35 feet~~			X	X	X	X	X	X	X
~~Swap lots~~								X
~~Theaters – open air, drive-ins~~						X		X
~~Theaters~~								X

CITY OF OCEANSIDE COMPREHENSIVE ZONING ORDINANCE

~~Temporary trailer or equipment vans (See~~ ~~Section 4113)~~			X	X	X	X	X	X	X
~~Time-share resortprojects~~					X					X	X
~~Trade, specialty schools~~						X	X	X	X
~~Warehouses – self-storage ~~									X
~~Wineries, Craft~~ ~~Tier 1~~ ~~Tier 2 and/or abutting residential zones,~~ ~~Churches, or schools~~								A U
~~Wireless Communications Facilities~~	2	2	2	2	2	2	2	2	2	2	2
~~Worm farms~~			X

4113 Trailers or Equipment Vans

~~Temporary trailer or equipment vans will only be allowed for use by financial institutions, industrial plants, public agencies or public utilities.~~

(1) Prior to the filing of a conditional use permit application, the applicant shall first obtain on the application the endorsement of the Building Official, that the use would be proper within the requirements of the Building Code of the City of Oceanside.
(2) Approval of this use shall be given on a one-year basis and a six-month extension may be granted by the Planning Commission if it is necessary to complete arrangements for construction of a permanent structure to house the use.
~~(3) All utility services shall be connected in conformity to the City Building Code requirements.~~
(4) Sanitation facilities shall be connected to sewer or shall utilize a self-enclosed independent system unless toilet facilities are available to the applicant on the premises or the person by whom the work is performed.
~~(5) No living quarters will be allowed in the trailers or vans.~~

4114 High Rise Structures (Section 4114 text moved under Add. Regs. in zoning districts)

~~(1) The Planning Commission shall determine from the evidence presented at the hearing that all of the following facts exist:~~
- (a) The proposed building or structure at the particular location and under the proposed conditions of development has complied with good planning practices, including provisions for height, building bulk, yards, open space, lot coverage, grading and related public health, safety and convenience features, and will provide for the preservation of the general welfare of the community as if developed to the height limits imposed by the provisions of the appropriate zone.

CITY OF OCEANSIDE COMPREHENSIVE ZONING ORDINANCE

~~(b) The proposed building or structure will comply with the regulations and conditions specified in the Building Code for such structures.~~
- ~~(c) The granting of an exception will not adversely affect any adopted plan of any governmental agency.~~
(2) The Planning Commission may modify or further restrict setback requirements, maximum height, off-street parking, and landscaping requirements upon a specified finding being made that it is necessary to provide for a more aesthetically pleasing project or necessary for the preservation of health, safety, peace or general welfare of persons living in or near the project.

4115 Expandable Homes

~~Expandable homes may be permitted subject to meeting the following criteria:~~

~~(1) This provision shall apply only to subdivisions of five or more lots.~~
~~(2) All exterior walls shall be completed as part of the initial construction.~~
~~(3) All necessary building and electrical permits will be required prior to the finishing of any unfinished room(s).~~
~~(4) All unfinished rooms shall be sealed off until completed.~~
~~(5) All plumbing shall be capped off.~~
~~(6) All electrical circuits shall be cut off at the panel.~~
~~(7) The Planning Commission may add additional requirements to insure adequate safety and compatibility to the existing neighborhood.~~

4116 Residential Uses in Commercial Zones (Sec. 4116 modified and moved to Art. 11, Sec 1140 Q.)

~~Residential dwelling units may be permitted in the C-2 and C-1 zones subject to the following criteria:~~

~~(1) The residential use is a secondary use to an office or commercial use.~~
~~(2) The residential shall be located above or on the same lot as the primary commercial use.~~
~~(3) The total number of units shall not exceed the formula of one dwelling unit per 1,000 square feet of lot area.~~

CITY OF OCEANSIDE COMPREHENSIVE ZONING ORDINANCE

(4) For new construction off-street parking shall be provided at a ratio of one space for each dwelling unit. Twenty-five percent (25%) of the parking spaces required by the office or commercial use may be included within the parking spaces provided by the residential units.
~~(5) For existing structures no additional parking need be provided when the Planning Commission finds that adequate off-site parking is provided elsewhere in close proximity to the property.~~
~~4117 Office and Commercial Uses in Industrial Zones~~ ( Section 4117 moved to M-1 – Art. 13, Sec. 1330C, Add. Reg C)

Office and commercial uses not specifically listed within any of the industrial zones may be permitted in any industrial zone subject to the approval of a Conditional Use Permit and under the following criteria:

(1) The amount of square footage to be used for office and commercial uses shall not exceed 25% of the gross floor area of any development as shown on a development plan or 25% of any freestanding building not part of a development plan.
~~(2) Off-street parking shall be in accordance with applicable parking ordinance provisions.~~
~~(3) The uses shall not interfere with the primary industrial uses located in the area.~~
(4) An applicant may request that the Planning Commission waive the maximum square footage requirement if it can clearly be shown that the proposed use would comply with the spirit and intent of this section.
~~(5) As part of the application package the names and addresses of all owners and tenants within 300 feet of the proposed use shall be submitted.~~
~~(6) The above requirement will not be required if, as part of an approved master development plan, office and commercial uses have been clearly delineated as approved uses.~~

4118 Travel Trailer Parks ( Section deleted and replaced by Sec. 3029 RV Parks)

~~Travel Trailer Parks may be established, after issuance of a Conditional Use Permit, under the following criteria:~~

CITY OF OCEANSIDE COMPREHENSIVE ZONING ORDINANCE

~~(1) The General Plan designation must be High Density Residential.~~
~~(2) Zoning must be R-3.~~
(3) The number of spaces in any one park may not exceed twenty-five (25) trailers. When located within an existing mobile home park, the number of travel trailers shall not exceed twenty-five (25) or twenty-five percent (25%) of the total number of mobile home spaces in the park whichever is less.
~~(4) All units must meet applicable health and safety codes.~~
~~(5) Restroom and shower facilities must be provided within a reasonable distance from the travel trailers.~~
~~(6) Off-street parking at a ratio of one space per unit shall be provided.~~
~~(7) Landscaping shall be provided on a ratio of thirty-five percent (35%) of the lot area.~~
~~(8) A six-foot masonry wall surrounding a travel trailer park shall be provided.~~
(9) A waiver to the development standards identified above shall be considered if the park is created as a result of the displacement by a governmental agency of low and moderate income units located within the City of Oceanside.

4119 Churches in Industrial Zones (Section 4119 deleted and replaced by Art 30, Sec. 3004)

~~Churches may be established in the M-1 after issuance of a Conditional Use Permit, under the following criteria:~~

~~(1) The location proposed is not in an area considered “prime” for immediate industrial development.~~
(2) Parking must be provided as required by the parking regulations for churches, except that the parking may be shared with other industrial users in the vicinity if it can be shown that the uses will not be occurring simultaneously.
~~(3) Buildings shall meet the requirements of the Uniform Building Code for church occupancies.~~
~~(4) The church activities must not interfere with the primary industrial uses in the area.~~

4120 Time Share Resorts ( Section 4120 deleted and replaced by Art 30, Sec. 3030)

Time-share resort projects may be permitted under the zoning standards of the respective zone and other applicable City policies with the issuance of a Conditional Use Permit provided the following requirements are met:

CITY OF OCEANSIDE COMPREHENSIVE ZONING ORDINANCE

~~(1) A time-share resort project shall comply with the adopted plans, goals, objectives, policies and regulations of the City of Oceanside.~~
~~(2) A time-share resort project shall file a Tentative Map and comply with Sections all other relevant sections of the Comprehensive Zoning Ordinance and Subdivision Ordinance.~~
(3) Time-share resort projects shall have primary automobile access on a collector or higher rated roadway as identified on the City Master Street Plan. For purposes of this section, The Strand shall be considered a collector roadway.
(4) Parking for time-share resort projects. Parking spaces shall be provided at a ratio of one space per bedroom. Guest parking for time-share resort projects shall be provided at a ratio of one space for the first one to five time-share units; and thereafter, at a ratio of one space per five time-share resort units.
~~(5) A time-share resort project application shall submit the following plans to address and mitigate the unique land use impacts of time-share resort projects.~~
- (a) Sales Plan – A Sales Plan shall address the times, areas and methods that will be used to sell the time-share resort estates or uses. Factors to the defined in the plan shall include, but are not limited to: the location, length, and marketing methods that will be utilized to include definitions as to on-site and off-site marketing and signage; and a discussion as to the potential numbers of individuals and automobiles expected during various stages of the sales effort and mitigation measures.
- (b) Management Plan – A Management Plan shall describe the methods employed by the applicant or his/her assignee to guarantee the future adequacy, stability, and continuity of a satisfactory level of management and maintenance of a time-share resort project. Means by which the City can service the project to protect the public health, safety, and general welfare shall be defined.
- (c) Contingency Plan – A Contingency Plan shall address the actions to be taken by the applicant or his/her assignee if the time-share resort project is an economic failure, or fails to sell 50% of the time-share resort estates or uses within two (2) years of receiving a permit to occupy the first unit.
~~(d) Conversion Plan – If a time-share resort project application involves conversion of existing residential dwellings, a Conversion Plan shall be required consistent with City Policy.~~

CITY OF OCEANSIDE COMPREHENSIVE ZONING ORDINANCE

- Article 43 Development Plan Review (City wide)

Sections:

4301 Purpose and Applicability 4302 Review Requirements 4303 Initiation of Development Plan Review 4304 Application for Development Plan 4305 Notice, Administrative Hearing, and Public Hearing 4306 Required Findings 4307 Conditions of Approval 4308 Effective Date; Lapse of Approvals; ~~Time Extension;~~ Changed Plans 4309 Appeals

4301 Purpose and Applicability

To ensure that new development complies with all applicable requirements of this ordinance, development plans shall be required for development projects as provided in this article.

More specifically, the purposes of development plan review are to:

A. Ensure that the architectural design of structures, and that plans for the landscaping of open spaces conform with the requirements of this ordinance, and with any prior conditions of approval;
B. Ensure that new development will not create public service and facility demands exceeding the capacity of existing and planned infrastructure.

4302 Review Requirements

Development plans shall be reviewed as follows:

A. All development plans shall be reviewed by the Planning Division and by any other City department or division or governmental agency designated by the City Planner. The City Planner, Planning Commission, Community Development Commission or Harbor Board of Directors shall approve, conditionally approve or deny all development plans except as provided in this section, or for projects located within the Coastal Zone as otherwise specified in the Coastal Permit Handbook.
B. Development plans for projects in an H Historic Overlay District shall be reviewed by the Historic Preservation Advisory Commission, and approved, conditionally approved or denied by the Planning Commission. Development plans for the alteration, enlargement or demolition of a designated historical site shall be approved, conditionally approved or

(Bold/underlined/italicized or stricken text indicates City Council adopted revisions, in effect in inland areas only. California Coastal Commission certification of a LCPA for coastal zone properties is currently pending.)

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denied by the Historic Preservation Advisory Commission, as provided by Section 2111.

C. For development plans for projects within designated redevelopment areas, the City Planner shall recommend approval, conditional approval or denial to the Community Development Commission. For development plans within the Oceanside Small Craft Harbor, recommendations shall be made by the Harbor Chief Executive Officer for processing and action by the Harbor Board of Directors.
D. Development plans for projects in redevelopment areas shall be reviewed and approved, conditionally approved or denied by the Community Development Commission, as provided by adopted redevelopment plan(s).
E. All projects within the Oceanside Small Craft Harbor shall require Development Plans which shall be reviewed and approved, conditionally approved or denied by the Harbor Board of Directors. The Board shall have final decision-making authority except for projects which are also within a redevelopment area, in which case the Community Development Commission shall have final authority.
F. The Planning Commission shall approve, conditionally approve, or disapprove development plans for projects as follows:
1. R, A, OS, PS and PD Districts. All projects except (a) single-family residences, (b) projects with less than three housing units, (c) exterior alterations and additions of less than 2,500 square feet of floor area.
2. C Districts. All proposed projects on sites of two acres or more involving new construction, all additions of more than 2,500 square feet of floor area on sites of two acres or more, and any exterior alterations to existing buildings or building complexes greater than or equal to 10,000 square feet of floor area.
3. I Districts. All projects involving new construction of 100,000 square feet of floor area or more, exterior alterations to existing structures of 100,000 square feet of floor area or more, or additions of 100,000 square feet of floor area or more.
G. The City Planner shall administratively approve, conditionally approve, or disapprove development plans for projects as follows:
1. R and A Districts. Projects as follows: (a) single-family residences in the A district, (b) projects with two housing units in R districts.
2. C Districts. All proposed projects on sites of less than two acres involving new construction, any addition of square footage to existing structures on sites of less than two acres, and all additions of less than 2,500 square feet of floor area on sites of two acres or more.

(Bold/underlined/italicized or stricken text indicates City Council adopted revisions, in effect in inland areas only. California Coastal Commission certification of a LCPA for coastal zone properties is currently pending.)

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I Districts. All projects involving new construction of less than 100,000 square feet of floor area, all additions of less than 100,000 square feet of floor area, and all exterior alterations to existing buildings or building complexes greater than or equal to 10,000

square feet and less than 100,000 square feet of floor area.

D Districts. All projects, pursuant to Article 12, Section 1220 and Schedule D-1, Land Use Regulations “D” Downtown District.

H. The City Planner may refer development plans for any project to the Planning Commission or Community Development Commission, as the case may be, for review and approval if he finds that the project may conflict with the purposes and standards of the base district and any overlay districts applicable to the project or with the purposes of this article, or if public services and facilities serving the project may be inadequate. Such projects shall be the subject of a public hearing, as provided by Section 4305.

4303 Initiation of Development Plan Review

An application for a development plan shall be initiated by a property owner or authorized agent. If the property is not under a single ownership, all owners shall join in the application, and a map showing the extent of ownership shall be submitted with the application.

4304 Application for Development Plan

The following plans and materials shall be submitted with a Development Plan application provided that the City Planner may waive submission of items deemed unnecessary to determine compliance with applicable requirements of this ordinance:

A. A completed application package and form, signed by the property owner or authorized agent, accompanied by the required fee, plans and mapping documentation in the form prescribed by the City Planner;
B. A fully dimensioned site plan showing:
1. The architect's or designer's name, address, and telephone number;
2. Scale of plan and north arrow;
3. Street address of site and vicinity map showing the relationship of the site to the surrounding area;
4. Existing and proposed property lines, right-of-way lines, dedications, and easements;
5. Locations of existing and proposed structures, driveways, walks and open spaces; and
(Bold/underlined/italicized or stricken text indicates City Council adopted revisions, in effect in inland areas only. California Coastal Commission certification of a LCPA for coastal zone properties is currently pending.)

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Locations, heights, and materials of existing and proposed walls and fences.

C. A statement describing the proposed use and calculations in tabular form showing compliance with applicable density, coverage, parking, and open-space regulations.
D. A fully dimensioned landscape plan.
E. A grading plan showing proposed changes in grade and the total volume of land to be cut or filled, with proposed drainage patterns indicated by arrows.
F. A fully dimensioned parking and loading plan showing:
1. Locations and dimensions of all parking and loading spaces, driveways and vehicular entrances, with proposed traffic circulation patterns indicated by arrows; and
2. Calculations showing the number of parking and loading spaces required by size and the number proposed.
G. Elevations of proposed structures, showing exterior wall openings and describing exterior materials.
H. Floor plans showing the proposed use and exterior wall openings.
I. Locations, dimensions, and heights of all signs.
J. Any other informational items deemed necessary by the City Planner in order to fully analyze and review the proposed development.

4305 Notice, Administrative Decision, and Public Hearing

A. Administrative Decision. For projects that require development plans to be considered by the City Planner, the City Planner shall administratively approve, conditionally approve, or disapprove the development plan application.
B. Public Hearing Required. For projects that require development plans to be considered by the Planning Commission Harbor Board of Directors or Community Development Commission, a public hearing of the Planning Commission, Harbor Board of Directors’ or Community Development Commission shall be held to approve, conditionally approve, or disapprove the development plan application.
C. Time of Administrative Decision or Public Hearing. Within 10 working days after acceptance of a complete application, the City Planner shall set a time and place for an administrative decision or a public hearing to be held within 60 days.

(Bold/underlined/italicized or stricken text indicates City Council adopted revisions, in effect in inland areas only. California Coastal Commission certification of a LCPA for coastal zone properties is currently pending.)

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D. Notice. Notice of the City Planner’s administrative decision, or the Planning Commission's, Harbor Board of Directors’ or Community Development Commission’s public hearing as the case may be, shall be given in the following manner:
1. Published Notice. Notice shall be published in at least one newspaper of general circulation within the City at least 10 days prior to the administrative decision or public hearing on the project.
2. Mailed or Delivered Notice. At least 10 days prior to the administrative decision or public hearing, notice shall be mailed to the applicant and all owners of property within 300 feet of the boundaries of the site, as shown on the last equalized property tax assessment role.
E. Contents of Notice. The notice for the administrative decision or the public hearing shall contain:
1. A description of the location of the development site and the purpose of the application;
2. A statement of the time, place, and purpose of the administrative decision or public hearing;
3. A reference to application materials on file for detailed information; and
4. A statement that any interested person or an authorized agent may comment or appear and be heard.

4306 Required Findings

The Planning Commission, Harbor Board of Directors, Community Development Commission or the City Planner as the case may be, may approve an application for a development plan if, on the basis of the application, plans, materials, and testimony submitted, the Planning Commission, Harbor Board of Directors, Community Development Commission or the City Planner finds:

A. For the Development Plan

That the site plan and physical design of the project as proposed is consistent with the purposes of the Zoning Ordinance.
That the Development Plan as proposed conforms to the General Plan of the City.
That the area covered by the Development Plan can be adequately, reasonably and conveniently served by existing and planned public services, utilities and public

(Bold/underlined/italicized or stricken text indicates City Council adopted revisions, in effect in inland areas only. California Coastal Commission certification of a LCPA for coastal zone properties is currently pending.)

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facilities.

That the project as proposed is compatible with existing and potential development on adjoining properties or in the surrounding neighborhood.
That the site plan and physical design of the project is consistent with the policies contained within Section 1.24 and 1.25 of the Land Use Element of the General Plan, the Development Guidelines for Hillsides, and Section 3039 of this ordinance.
For properties located within the coastal zone: That the project is consistent with all applicable policies of the certified Land Use Plan.

4307 Conditions of Approval

In approving a development plan, the Planning Commission, Harbor Board of Directors, Community Development Commission, or the City Planner as the case may be, may impose reasonable conditions necessary to:

A. Achieve the general purposes of this ordinance or the specific purposes of the zoning district in which the project is located, or to make it consistent with the General Plan;
B. Protect the public health, safety, and general welfare; and
C. Ensure that the site plan and physical design of the project is compatible with existing and potential uses on adjoining properties or in the surrounding neighborhood.

4308 Effective Date; Lapse of Approvals; Time Extensions; Changed Plans

A. Effective Date. Development plans administratively approved by the City Planner shall become effective on the date of the City Planner’s administrative decision, unless appealed to the Planning Commission or Community Development Commission, as provided for in this article. Development plans approved by the Planning Commission , Harbor Board of Directors or Community Development Commission shall become effective on the date of adoption of the Planning Commission Harbor Board of Directors or Community Development Commission resolution, unless appealed, as provided for in Article 46 or pursuant to applicable Coastal Act and Coastal Commission Regulations.
B. Lapse of Approvals. Development plan approvals shall lapse ~~two~~ three years after the effective date of approval or conditional approval or at an alternate time specified as a condition of approval unless:
1. A grading permit has been issued and grading has been substantially completed and/or a building permit has been issued, and construction diligently pursued; or
2. An occupancy permit has been issued; or

(Bold/underlined/italicized or stricken text indicates City Council adopted revisions, in effect in inland areas only. California Coastal Commission certification of a LCPA for coastal zone properties is currently pending.)

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The approval is extended pursuant to the provisions of Article 1, Section 150 (see Article 1, Section 150: Time Extensions of Discretionary Applications) ; or
In cases where a Development Plan is approved concurrently with a Tentative Map and a Final Map or Parcel Map is recorded, the Development Plan shall be effective for an additional 24 months from the date of recordation of the Final Map or Parcel Map.
In the situation where items #1 and/or #2 above have occurred and site activity had commenced and been completed in earlier phases of the overall development plan but

no site grading or building permit activity had occurred on the remaining undeveloped portion of the site for a period of five years, a new development plan must be obtained.

C. Time Extension. Upon application by the project applicant filed prior to the expiration of an approved or conditionally approved development plan, the time at which the development plan expires may be extended by the City Planner, the Planning Commission, Harbor Board of Directors or the Community Development Commission as the case may be, for a period or periods not to exceed a total of three years. Application for renewal shall be made in writing to the City Planner no less than 30 days or more than 90 days prior to expiration.

DC . Changed Plans. A request for changes in conditions of approval of a development plan, or a change to the development plan that would affect a condition of approval, shall be treated as a new application. The City Planner may waive the requirement for a new application if the changes requested are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the project's approval or otherwise found to be in substantial conformance.

4309 Appeals

A. Rights of Appeal and Review. Development plan decisions of the City Planner may be appealed by any interested party to the Planning Commission or Community Development Commission, as applicable. Development plan decisions of the Planning Commission may be appealed by any interested party to the City Council. Projects which are located within the appealable Coastal Zone may be appealed to the Coastal Commission, pursuant to the Coastal Permit Handbook.
B. Procedures; Public Hearings. Procedures for appeals shall be as prescribed by Article 46. In addition, appeals of projects which are located within the Coastal Zone are subject to compliance with the Coastal Permit Handbook.

(Bold/underlined/italicized or stricken text indicates City Council adopted revisions, in effect in inland areas only. California Coastal Commission certification of a LCPA for coastal zone properties is currently pending.)

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- Article 44 Development Agreements (City wide)

Sections:

4401 Purpose 4402 Application Requirements 4403 Pre-Application Process 4404 Department Review and Recommendation 4405 Public Hearing Required 4406 Planning Commission Action 4407 City Council Action 4408 Annual Review 4409 Application of Existing Rules, Regulations, and Policies 4410 Modification and Termination 4411 Administration

4401 Purpose

In order to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic cost of development, the Legislature of the State of California adopted Section 65864 et. seq. of the Government Code, authorizing local governments to enter into development agreements with applicants for development projects. The objective of such an agreement is to provide assurances that, upon approval of the project, the applicant may proceed with the project in accord with existing policies, rules and regulations, subject to the conditions of approval, thus vesting certain development rights in the property. The purpose of this article is to establish procedures and requirements for consideration of development agreements by the City consistent with state law.

4402 Application Requirements

An applicant may propose that the City consider entering into a development agreement pursuant to Title 7, Chapter 4, Article 2.5 of the Government Code, commencing with Section 65864, by filing an application with the Planning Division. The application shall be accompanied by the following:

A. A proposed agreement, which shall contain the following:
1. A legal description of the property sought to be covered by the agreement;
2. A statement of concurrence in the application by the owner if the applicant is not the fee owner;
3. A description of the proposed uses, height and size of building(s), density or intensity of use, and provision for reservation or dedication of land for public purposes;

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A statement of terms and conditions relating to applicant financing of public facilities and required improvements;
All proposed conditions, terms, restrictions, requirements for subsequent City discretionary actions;
A statement specifying which rights are intended to vest on the effective date of the agreement, and the timing and sequence of subsequent discretionary approvals and vesting of rights;
The proposed time when construction would be commenced and completed for the entire project and any proposed phases; and
The termination date for the agreement.

B. A completed Initial Study form.
C. A map showing the location and street address of the property that is the subject of the amendment and of all lots of record within 300 feet of the boundaries of the property.
D. A list, drawn from the last equalized property tax assessment roll, showing the names and addresses of the owner of record of each lot within 300 feet of the boundaries of the property. (This list shall be keyed to the map required by subsection [C] above.);
E. A statement documenting that the project is consistent with the General Plan and all applicable specific plans.
F. Such other information as the City Planner may require by policy or to satisfy other requirements of law.
G. The required fee.

4403 Pre-Application Process

City staff shall not begin to negotiate with the applicant until the City Council has so authorized staff, following completion of the pre-application process as set forth below.

A. The Planning Division shall review the proposal, consult with all City departments, obtain such additional information from the applicant as may be deemed necessary by the City Manager, and shall, within 45 days of receipt of the proposal, prepare a report containing the Division’s recommendation to the City Council. The recommendation shall consist of the following:
1. A statement of potential public benefits accruing to the City if the agreement were entered into, as identified by the City Planner;

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A recommendation whether the City should negotiate further with the applicant, with supporting arguments;
A statement of issues for further research and investigation, and issues which should be addressed in the development agreement;
A statement of those documents, applications and other items required by the City Planner in order to further process the application or negotiate with the applicant.

B. Upon receipt of the recommendation of the City Planner, the report shall be set for a public hearing before the City Council at its next regularly scheduled meeting. The City Council shall consider at the hearing whether to authorize City staff to negotiate with the applicant concerning the development agreement. Notice of the hearing shall be given in accordance with Section 65090 and 65091 of the Government Code.
C. Upon the close of the hearing, the City Council shall either:
1. Direct City staff, by written resolution, to begin negotiating with the applicant, and to prepare a proposed development agreement for Planning Commission review; or
2. Determine that no further negotiations are desirable and so state in a written resolution, including the reasons for such a determination, and reject the application.

4404 Department Review and Recommendation

The Planning Division shall, at the applicant's expense and in accord with City procedures for implementation of CEQA, undertake environmental review and, upon completion of such review, transmit the application, together with the recommendations thereon, to the Planning Commission.

4405 Public Hearing Required

Upon receipt of an application, the results of the environmental review, and the recommendations of the staff, the Planning Commission shall schedule a public hearing. The Planning Commission hearing shall be scheduled for six months following City Council authorization to staff to negotiate with the applicant, unless the City and the applicant mutually agree to a later date.

Notice of intention to consider the application shall be given as provided in Sections 65090 and 65091 of the Government Code. In addition, if the application is being processed together with the development project, notice of such intention shall be given as required for consideration of the development project.

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4406 Planning Commission Action

After the public hearing is closed, the Planning Commission shall recommend approval, modification, or disapproval of the proposed development agreement. The Commission shall transmit its recommendation to the City Council within 30 days.

4407 City Council Action

A. Upon receipt of the application, the results of the environmental review, and the recommendations of the staff and the Planning Commission, the City Council shall schedule a public hearing on the application. Notice of intention to consider the application shall be given in the same manner as set forth in Section 4405 above.
B. If the application is being processed together with the development project, the public hearing on the application may be held concurrently with the hearing on the project.
C. After the public hearing is closed, the City Council shall approve, modify, or disapprove the proposed development agreement. An agreement shall not be approved unless the City Council makes the following findings:
1. That the agreement is consistent with the General Plan and with any Specific Plan;
2. That the agreement is consistent with all provisions of this ordinance, the City Code, and the State Subdivision Map Act;
3. That the agreement will not be detrimental to the health, safety and general welfare; and will not adversely affect the orderly development of property or the preservation of property values;
4. That the City Council has considered the effect of the development agreement on the housing needs of the region in which the City is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources.
5. For properties located within the coastal zone: That the agreement is consistent with all applicable policies of the certified Land Use Plan.

Any approval of a proposed agreement shall be made by ordinance, which shall authorize the Mayor and the City Clerk to sign the agreement on behalf of the City, and shall become effective after thirty days following the second reading, unless a referendum is filed within that time.

D. No agreement shall be signed by the Mayor and the City Clerk until it has been duly signed by the applicant and owner, if the applicant is not the owner. If the applicant has not signed and returned the approved agreement to the Mayor and the City Clerk for signing within 30 days of Council approval, said application shall be deemed withdrawn

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by applicant.

E. Within 10 days after the Mayor and the City Clerk sign a development agreement and the ordinance becomes effective, the City Clerk shall cause a copy thereof to be recorded.
F. All agreement provisions are subject to modification or suspension as set forth in Title 7, Chapter 4, Article 2.5, of the Government Code, commencing with Section 65864.

4408 Annual Review

A. Development agreements shall be limited in their term to a period not to exceed a maximum of 10 years from the effective date of the adopting ordinance. The City may specify in the agreement options to renew the term of the agreement.
B. All development agreements shall be reviewed by the City Planner at least once every 12 months, unless the agreement provides for more frequent review, in which case the agreement shall prevail.
C. The purpose of the review shall be to inquire into the good faith compliance of the applicant with the terms and conditions of the agreement and for any other purpose specified in the agreement.
D. The City Planner shall begin the annual review proceeding by giving written notice to the applicant or any of its successors in interest (hereinafter collectively referred to as the "applicant") that the City intends to undertake a periodic review of the development agreement. He shall give the written notice at least 30 days and not more than 60 days prior to the first anniversary of the effective date of the development agreement and each anniversary thereafter. The notice shall specify that the applicant must submit documentation to demonstrate the applicant's good faith compliance with the development agreement. In addition to the information provided by the applicant set forth below, the City Planner may request that the applicant address additional issues with respect to the applicant's good faith compliance with the terms of the development agreement. The City Planner shall deliver no less than 30 days' written notice of any hearing of any requirement that the City desires to be addressed, and applicable staff reports, in a manner sufficient for the applicant to respond. Either party may address any requirement of the development agreement during the review period. If, at any time of review, an issue not previously identified in writing is required to be addressed by the City, the review at the request of either party may be continued to afford sufficient time for analysis and preparation.
E. During the review period, the applicant shall have the duty to demonstrate its good faith compliance with the terms of the development agreement. The burden of proof of good faith compliance shall be on the applicant. The applicant's duty to demonstrate may be satisfied, by presentation to the City of: (1) a written report identifying the applicant's performance or the reasons for its non-performance or excused performance pursuant to

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any applicable provisions of the development agreement; or (2) oral or written evidence submitted at the time of review.

F. The City Planner shall determine, on the basis of substantial evidence, whether or not the Applicant has complied in good faith with the terms and conditions of the development agreement, and shall deliver written notice of his or her determination to the applicant. If the City Planner finds and determines on the basis of substantial evidence that the applicant has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period is concluded and no other action shall be necessary.

If the City Planner finds and determines on the basis of substantial evidence that the applicant has not complied in good faith with the terms and conditions of the agreement during the period under review, the notice of such determination shall specify the manner in which the applicant has failed to comply. The applicant may appeal this determination to the City Council by filing a written notice of appeal with the City Clerk within 10 working days after the date the notice of determination of noncompliance is issued. If the applicant fails to appeal the determination within this time period, the City Planner determination shall become conclusive and final. The City Planner shall thereafter take such further action as may be deemed necessary based on the requirements of the development agreement including, but not limited to establishment of a cure period, project modification, or referral to City Council for modification or termination of the agreement.

G. Upon appeal by the applicant or upon the referral of the determination by the City Planner to the City Council, the City Council shall conduct a public hearing at which the applicant must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue is upon the applicant. Prior to the City Council's determination, the City Council may refer the matter to the Planning Commission for their review and recommendation to the City Council. The City Council shall, in its referral, specify when the Planning Commission should issue its report and recommendation to the City Council.
H. The City Council shall determine upon the basis of substantial evidence whether or not the applicant has, for the period under review, complied in good faith with the terms and conditions of the agreement. The City Council shall issue written findings to support its determination.
1. If the City Council finds and determines on the basis of substantial evidence that the applicant has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period is concluded and no other action shall be necessary.
2. If the City Council finds and determines on the basis of substantial evidence that the applicant has not complied in good faith with the terms and conditions of the agreement during the period under review, the City may declare the applicant to be

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in default, may initiate proceedings to unilaterally modify or terminate the agreement in accordance with Section 4410, set a reasonable time for compliance under the agreement, or take such further action as the City deems necessary and appropriate under the circumstances.

4409 Application of Existing Rules, Regulations and Policies

Unless otherwise provided by the development agreement, rules, regulations, and official policies applicable to development of the property subject to a development agreement, shall be those rules, regulations, and official policies in force at the time of execution of the agreement. 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 herein, nor shall a development agreement prevent the City from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations, and policies. No rights shall be deemed to vest in the applicant, or any other person, under any development agreement, except as expressly set forth in the development agreement.

4410 Modification and Termination

Any development agreement may be amended, or canceled in whole or in part, by mutual consent of the applicant (or its successor in interest) and the City, or it may be modified or terminated pursuant to the provisions of Section 4408, above. Notice of intention to take any such action shall be given in the manner provided by Section 4405, above; provided, however, that the parties may set forth an alternative procedure in the agreement for processing insubstantial amendments. Any significant amendment shall be subject to the provisions of the Government Code, Section 65867.5.

4411 Administration

The City Planner shall prepare and adopt such application forms, checklists, and other documents as considered necessary and desirable to implement these procedures and requirements.

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