Sec. 90-1016. - Same—Use permit procedure.

The regulations prescribed in subsections 90-998(b) and (c) shall control the procedure for making application for the processing of a use permit for a planned unit development, subject to the following exceptions:

(1)

In lieu of the drawing of the site prescribed in subsection 90-998(b)(4), the application shall be accompanied by the development plan of the entire planned unit development, drawn to scale and showing the contours of the site in intervals of not more than one foot and provisions for: draining of surface; watercourses; railroad and public utility rights-of-way; streets, driveways and pedestrian walks; off-street

parking and loading facilities; reservations and dedications for public uses; private uses including dwelling types, lot layout, locations, heights and elevations of structures and landscaped areas.

(2)

In addition to the data and drawings prescribed in subsection 90-998(b) and subsection (1) of this section, the application shall be accompanied by a tabulation of the area proposed to be devoted to each land use and a tabulation of the average population density per net acre and per gross acre in the area or areas proposed to be devoted to residential use.

(3)

When a planned unit development involves proposals which necessitate the filing of a tentative subdivision map and/or which would also necessitate the granting of exceptions of the regulations of chapter 62, subdivisions, the planning commission may grant tentative approval of the proposal. Where such tentative approval is requested by the applicant, the requirements of subsections (1) and (2) of this section may be waived temporarily, provided the applicant submits the following:

a.

In lieu of the drawing of the site prescribed in subsection (1) of this section, the application shall be accompanied by a schematic drawing, drawn to a minimum scale of one inch equals 100 feet, showing the general relationships contemplated among all public and private uses and existing and proposed physical features.

b.

A written statement setting forth the source of water supply, method of sewage disposal, means of drainage, dwelling types, nonresidential uses, lot layout, public and private access, height of structures, lighting, landscaped areas and provisions for maintenance of landscaped areas, area to be devoted to various uses and population density per acre and per gross acre contemplated by the applicant.

Upon approval of a tentative subdivision map in accordance with the procedures prescribed by chapter 62, subdivisions, the applicant shall submit a detailed development plan in accordance with the requirements of subsections (1) and (2) of this section before the planning commission may grant a final approval of the applicant's proposal.

(4)

The planning commission may grant a use permit for a planned unit development as the use permit was applied for or in modified form if, on the basis of the application and the evidence submitted, the commission makes the following findings:

a.

That the proposed location of the planned unit development is in accordance with the objectives of this chapter.

b.

That the proposed location of the planned unit development and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity.

c.

That the proposed planned unit development will comply with each of the applicable provisions of this section.

d.

That the standards of population density, site area and dimensions, site coverage, yard spaces, heights of structures, distance between structures, off-street parking and off-street loading facilities and landscaped areas will produce an environment of stable and desirable character consistent with the objectives of this chapter.

e.

That the standards of population density, site area and dimensions, site coverage, yard spaces, height of structures, distances between structures and off-street parking and off-street loading facilities will be such that the development will not generate more traffic than the streets in the vicinity can carry without congestion and will not overload utilities.

f.

That the combination of different dwelling types and/or variety of land uses in the development will complement each other and will harmonize with existing and proposed land uses in the vicinity.

Sec. 90-1017. - Same—Planning commission action; appeals to the city council.

(a)

Planning commission action.

(1)

The commission, by written resolution, may approve, approve with stated conditions, disapprove or disapprove without prejudice a conditional use permit application for a planned unit development. The resolution shall describe the basis for the decision, including whether or not the findings set forth in subsection 90-1016(4) have been made.

(2)

The commission shall have 40 days after the conclusion of a public hearing to render its decision on a conditional use permit application for a planned unit development. Failure of the commission to adopt a resolution within the aforementioned 40-day period shall be deemed to constitute a denial of the application.

(3)

The decision of the commission shall be final unless appealed to the council in accordance with the procedure specified in subsection (b) of this section.

(4)

The commission shall cause a copy of its resolution to be mailed to the applicant within ten days from the date of adoption thereof.

(5)

No building permit or business license shall be issued where a conditional use permit for a planned unit development has been approved or conditionally approved by the commission until ten days after such permit has been granted by the commission and then only in accordance with the terms and conditions of the conditional use permit granted and only if the approval or conditional approval of the conditional use permit by the commission has not been appealed to the council pursuant to the procedure specified in subsection (b) of this section.

(b)

Appeals to the city council.

(1)

In case the applicant is not satisfied with the action of the commission, he may within ten days after the date of mailing, as shown by the postmark of the resolution mentioned in subsection (a)(4) of this section, or within ten days after the expiration of the 40-day period mentioned in subsection (a)(2) of this section, file in writing with the city clerk an appeal to the council. The appeal shall state specifically wherein it is claimed that there was an error or abuse of discretion by the commission or whereby its decision is not supported by the evidence in the record.

(2)

In case any party other than the applicant is not satisfied with the action of the commission, he may within ten days after the date of adoption of the resolution of the commission, or within ten days after the expiration of the 40-day period mentioned in subsection (a)(2) of this section, file in writing with the city clerk an appeal to the council. The appeal shall state specifically wherein it is claimed that there was an error or abuse of discretion by the commission or whereby its decision is not supported by the evidence in the record.

(3)

The council shall set a date for a public hearing on the appeal and shall post notices as set forth in subsection 90-994(c)(3). The date for the public hearing shall not be less than ten nor more than 40 days from the date on which the appeal was filed.

(4)

Notice shall also be given to the commission of such appeal, and the commission shall submit a report to the council setting forth the reason for its action or shall be represented at the hearing.

Sec. 90-1018. - Uses permitted subject to director's review permit (D.R.P.)—Review of proposed use; findings; notices.

The following procedures for review of proposed use, findings and notices shall apply to all uses permitted subject to review and approval by the director.

(1)

Review of proposed use. It shall be the duty of the director to review the proposed use, to ascertain all facts pertinent to it, and in writing to state his approval or disapproval of the proposed use together with findings and reasons for such decision, within 30 days of the filing of a complete application for such use. At his discretion, the director may refer the proposed use directly to the planning commission for public hearing and decision. If the proposed use is referred to the commission, the procedures of sections 90-998 through 90-1001, conditional use permits, shall be followed. Those applications which are referred directly to the commission by the director and which are filed and heard concurrently with any application requiring city council hearing shall, after the commission decision, be heard by the city council together with that concurrent application.

(2)

Findings. In approving or denying a proposed use, the director shall make findings explaining how and why all the following conditions either exist or do not exist:

a.

That the site of the proposed use is adequate in size and shape to accommodate the use and all yards, spaces, walls and fences, parking, loading, landscaping and other property development standards required in this chapter.

b.

That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use.

c.

That the proposed use will not be detrimental to the immediate neighborhood.

d.

That the conditions stated in the approval are necessary to protect the public health, safety, and general welfare.

e.

That the proposed use is consistent with the general plan.

Such findings shall be sent to the applicant and kept on file in the office of the director.

(3)

Notices.

a.

If an application is approved by the director, owners of properties located within a radius of 300 feet of the exterior boundaries of the property subject to the application shall be notified in writing of the decision. Such notices shall be by prepaid mail, and the owner, for the purposes of such notices, shall be deemed to be the person or persons to whom the properties were assessed on the last assessment roll. The address to which such written notice shall be mailed shall be that shown upon such assessment roll.

b.

If an application relating to mobile home park services is approved by the director, the following procedures shall apply:

1.

The applicant shall provide a list of tenants within the park.

2.

Those tenants located within 300 feet of the site of the proposed use shall be notified in lieu of property owners identified in subsection (3)a. of this section.

(Ord. No. 805, § 1, 4-19-88)

Sec. 90-1019. - Same—Appeals; reapplication; revocation.

The following procedures for appeals, reapplication and revocation shall apply to all uses permitted subject to review and approval by the director of the development services department, hereinafter "director."

(1)

Appeals.

a.

No decision of the director shall be effective until a period of ten days has elapsed following the date of mailing written notice of his decision.

b.

During this period any person adversely affected by the decision may file an appeal with the planning commission. The appeal shall be in writing and shall set forth the reason for the appeal.

c.

Commission public hearing date and notice.

The commission shall hear the appeal of the director's decision within 60 days after the date of the filing of the appeal.

2.

Notice of the public hearing shall be given by mail as hereinafter provided, and shall state the time and place of the hearing and the subject matter of the application.

3.

Notice shall be mailed not less than ten days (or 21 days if the project is subject to the requirements of the California Environmental Quality Act) before the date set for the hearing to owners of property located within a radius of 300 feet of the exterior boundaries of the property described in the application, using for this purpose the last known name and address of such owners as are shown on the latest adopted tax roll of the county.

d.

Commission public hearing and decision.

1.

The commission shall render a decision within 40 days after the close of hearing on such appeal. The commission's decision shall be final, unless an appeal therefrom is filed with a court of competent jurisdiction within 15 days after the commission renders its decision.

2.

The commission may by resolution approve, approve with conditions, or disapprove the decision of the director. A tie vote shall constitute a denial of the appeal.

3.

The commission's decision shall include findings explaining how and why all of the conditions described in subsection 90-1018(2) either exist or do not exist.

4.

The applicant shall be notified in writing at the address on the application of the commission's decision.

5.

If an application is disapproved by the director, or by the commission after appeal, a record of such disapproval shall be made and kept on file by the director.

6.

The appeal of a commission decision on any application filed and heard concurrently with other applications shall require a city council hearing of all such applications.

(2)

Reapplication. No person shall apply for a similar use on the same land, building or structure within a period of one year from the date of the final decision on the previous application, unless prior decision was a denial without prejudice.

(3)

Revocation.

a.

The director or the commission granting the use permit may revoke the permit for noncompliance with any of the conditions set forth in the permit.

b.

If the time limit for development of the proposed use expires prior to establishment of the use, and no extension has been granted, the permit shall be deemed void.

(4)

Exemption for converted use. When an existing use for which a site plan review has been approved or director's review permit has been issued converts to a different use on the same property, the director may exempt the converted use from the requirement to obtain a director's review permit upon a finding that the converted use will not require any changes in traffic circulation, parking, ingress or egress at the property.

(5)

Time limit for development. A director's review permit shall lapse and become void one year following the date on which the director's review permit became effective unless, prior to expiration, a building permit is issued by the building official and construction is being diligently pursued or the use has been established. For a good cause, a director's review permit may be renewed for an additional period of one year or for such lesser period as may be specified, provided that an application for renewal is filed with the director prior to expiration of the permit.

(Ord. No. 805, § 1, 4-19-88; Ord. No. 918, § 16, 9-1-94; Ord. No. 950, § 29, 5-16-96; Ord. No. 970, § 16, 7- 17-97)

Secs. 90-1020—90-1050. - Reserved. ARTICLE XXV. - ADMINISTRATION OF THE ZONING ORDINANCE