Chapter 18.36 — AMENDMENTS

Sections:

Footnotes: --- ( 2 ) --Prior ordinance history: Ord. 45-63 §§8.1—8.7.

An amendment to the zoning ordinance is intended to accommodate changes in city goals and provide means of implementing these goals as they affect public health, safety and welfare.

When public necessity, convenience and welfare justify a zoning ordinance amendment, the planning commission, city council or an individual may initiate a change in the provisions of this title.

Amendments to the standards which include additions of words, phrases, sentences, and sections, or the change or elimination of such, shall be approved only if:

• A. The amendment is consistent with the general plan of the city and specified plans of the area; and

• B. The amendment shall promote the public health, safety and welfare and will better serve the goals and purposes of this title.

(Ord. 335-96 §3(part), 1996).

The requirements and procedures of this chapter shall apply to all applications for zone changes and amendments to the zoning code.

(Ord. 335-96 §3(part), 1996).

• A. Amendments of the provisions of this chapter, or the reclassification of specific properties from one zone to another, shall be initiated, only in one of the following ways:

  1. By motion of the city council; or

  2. By motion of the commission; or

  3. With reference to the reclassification of specific real property, by the owner thereof, or his authorized agent, or by any public utility which has commenced the exercise of its power of eminent domain with regard to such property; or

  4. With reference to an amendment to specific zoning regulations, by any person who is a resident of the city, or an owner of property within the city.

• B. Nothing contained in this chapter shall be deemed to prevent the city council from taking action pursuant to Section 65858 of the Government Code.

(Ord. 335-96 §3(part), 1996).

18.36.040 - Application request.

The director shall prepare suitable application forms. Any such application shall be accepted for filing by the director only upon payment by the applicant of a filing and processing fee in a sum set by resolution of the city council. Any applicant may, in writing, withdraw the request at any time during the processing of such request; provided, however, that there shall be no refund of any fees paid in connection therewith.

(Ord. 335-96 §3(part), 1996).

• A. Notice of the time and place of public hearings before the commission and council, on zone changes and amendments to the zoning code, shall be given by United States mail, postage prepaid, addressed to the owners of property located within a radius of three hundred feet from the external boundaries of the property to which the application relates, addressed to the owners as shown on the latest equalized assessment roll of the county and by publication at least once, not less than ten days prior to the date of the hearing in a newspaper of general circulation within the city.

  • B. Such notices shall describe the subject property, and contain a brief description of the request and the date, time and place of the public hearing.

• (Ord. 335-96 §3(part), 1996).

The commission and council shall conduct noticed public hearings on each such application in the time and manner prescribed by state law.

• (Ord. 335-96 §3(part), 1996).

• A. After conducting noticed public hearing on any proposed zone change or code amendment, the commission, based on the evidence presented, shall take one of the following courses of action:

  1. Recommend to the city council that the request be granted; or

  2. Recommend to the city council that the request be granted in part, and denied in part; or

  3. Recommend to the city council that the request be denied.

• B. The commission's action shall be by resolution and contain a brief statement of facts upon which the action is based, adopted by not less than a majority of its total voting members.

(Ord. 335-96 §3(part), 1996).

18.36.080 - City council action.

• A. Upon receipt by the city clerk of a commission recommendation relating to a code amendment or zone change, the clerk shall give the same type of notice of hearing before the council, as is required for hearings before the planning commission. The city council shall conduct a de novo hearing upon such matter. After conducting a public hearing, the city council may approve, modify or disapprove the recommendation of the planning commission, provided that any modification of the proposed amendment by the city council not previously considered by the planning commission during its hearing, shall first be referred to the planning commission for its consideration and recommendation. Such consideration resulting from a city council referral shall require a public hearing. Failure by the planning commission to report to the city council on the proposed modification within forty days, or such longer period as the city council may designate, shall be deemed an approval of the proposed modification by the planning commission.

• B. If the planning commission's recommendation is for denial, the city council shall not be required to take any further action, unless the applicant, any member of the city council or any other person affected by the decision, within five calendar days after the action of the planning commission, files an application for appeal with the city clerk.

(Ord. 335-96 §3(part), 1996).

The city council may impose conditions of approval upon the reclassification of any property from one zone classification to another, where it finds that such conditions must be imposed so that such reclassification shall not create problems inimical to the public health, safety and general welfare of the city.

(Ord. 335-96 §3(part), 1996).

Following the adoption of the resolution by the planning commission or the city council, the secretary of the planning commission shall mail a copy thereof to the applicant and any other person requesting the same.

(Ord. 335-96 §3(part), 1996).

Inadvertent failure to give notice in the manner prescribed in this chapter shall have no effect upon any proceeding before the commission or the council.

(Ord. 335-96 §3(part), 1996).

Chapter 18.40 - APPEALS

The planning commission shall have the power to hear and decide appeals based on the enforcement or interpretation of the provisions of this title.

(Ord. 45-63 §9.3, 1963).

Except as specifically provided in this section, this title shall not be interpreted to repeal, abrogate, annul or in any way affect any existing provision of any law or ordinance or regulations or permits previously adopted or issued relating to the erection, construction, moving, alteration or enlargement, of any building or improvement; provided, however, in any instances where this title imposes greater restrictions upon the erection, construction, establishment, moving, alteration or improvement of buildings or the use of any building or structure than is imposed or required by an existing law, ordinance or regulation, the provisions of this title shall control.

(Ord. 45-63 §9. 1, 1963).

Whenever the planning commission of the city is called upon to determine whether or not the use of land or any structure in any district is similar in character to the particular uses allowed in a district, the commission shall consider the following factors as criteria for their determination:

• A. Effect upon the public health, safety and genera 1 welfare of the neighborhood involved and the city at large;

• B. Effect upon traffic conditions;

• C. Effect upon the orderly development of the area in question and the city at large in regard to the general planning of the whole community.

(Ord. 45-63 §9.2, 1963).

The applicant, mayor, city manager, city planning director, any city councilor, or any person with a record ownership, equitable, or possessory interest in real property any part of which is within three hundred feet of any project which is the subject of, or otherwise affected by, a decision of the planning commission, may appeal the decision to the city council by presenting a written request therefor at the office of the city clerk

within five calendar days of the date of the planning commission's decision and by paying, within five calendar days of demand by the City Clerk, such fee therefor as may from time to time have been specified by resolution of the city council, provided, however, that no fee need be paid by any city officer filing such an appeal. Non-binding recommendations of the planning commission to the city council need not, and may not, be appealed.

(Ord. 45-63 §9.4, 1963).

(Ord. No. 458-2020, § 1, 2-13-2020)

Notice shall be given to the planning commission of such appeal, and a report shall be submitted by the commission to the city council, setting forth the reasons for the action taken by the commission. Such report shall be submitted in writing or by representation at the hearing.

(Ord. 45-63 §9.5, 1963).

The city council shall render its decision within forty-five days after the filing of the appeal provided, for in Section 18.40.040.

(Ord. 45-63 §9.6, 1963).

Chapter 18.44 - ENFORCEMENT AND PENALTY

Sections

• A. It shall be the duty of the building inspector of the city to enforce the provisions of this title, pertaining to the use of land or buildings, and the erection, construction, reconstruction moving, alteration or addition to any building or structures.

• B. Any permit or license of any type issued by any department or officer of the city issued in conflict with the provision of this title is null and void.

(Ord. 45-63 §10.1, 1963).

• 18.44.020 - Noncomplying structures declared public nuisance—Abatement.

Any building or structure erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title, and any use of land or buildings operated or maintained contrary to the provisions of this title, are declared to be public nuisances. The city attorney, upon order of the city council, shall commence the necessary action or proceedings for the abatement, removal and enjoinment thereof in the manner prescribed by law in the courts which may have jurisdiction to grant such relief as will accomplish such abatement and restraint. The remedies provided for in this section shall be in addition to any other remedy or remedies or penalties provided in this title or any other law or ordinance.

(Ord. 45-63 §10.2, 1963).

Any person, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this title shall be guilty of an infraction, and subject to the penalties authorized under Chapter 1.20 (General Penalty) and Chapter 19.01 (Administrative Citations) of this Municipal Code, as well as any other legal or equitable means as allowed by law. Any violation of this title which is committed and continues from day to day constitutes a separate offense for each and every day during which such violation is committed and continued.

(Ord. 279-91 §1, 1991: Ord. 45-63 §10.3, 1963).

(Ord. No. 472-2023, § 5, 2-8-2024)

Chapter 18.46 - EMERGENCY SHELTERS

The purpose of these standards is to ensure the development of emergency shelters do not adversely impact adjacent parcels or the surrounding neighborhood, and shall be developed in a manner which protects the health, safety, and general welfare of the nearby residents and businesses, while providing for the housing needs of people in need of shelter. The following performance standards shall apply to emergency shelters

(Ord. No. 426-2015, § 1, 4-9-2015)

In addition to the standards set forth in here and below, emergency shelters shall also be required to comply with the California Building Code and California Fire Code in effect at the time of building permit application.

(Ord. No. 426-2015, § 1, 4-9-2015)

In addition to the standards set forth in here and below, emergency shelters shall also be required to comply with the California Housing Code in effect at the time of building permit application.

(Ord. No. 426-2015, § 1, 4-9-2015)

Prior to commencing operation, the emergency shelter provider must have a written management plan, which shall be approved by the planning commission. The management plan must include, but is not be limited to, provisions for staff training, resident identification process, neighborhood outreach, policies regarding pets, the timing and placement of outdoor activities, temporary storage of residents' personal belongings, safety and security, screening of residents to insure compatibility with services provided at the facility, and training, counseling and social service programs for residents, as applicable.

(Ord. No. 426-2015, § 1, 4-9-2015)

Each resident shall be provided a minimum of fifty gross square feet of personal living space per person, not including space for common areas. In no case shall occupancy exceed sixty residents at any one time. Bathing facilities shall be provided in quantity and location as required in the California Plumbing Code (Title 24 Part 5), and shall comply with the accessibility requirements of the California Building Code (Title 24 Part

2).

(Ord. No. 426-2015, § 1, 4-9-2015)

The emergency shelter facility may provide one or more of the following specific facilities and services, including but not limited to:

• A. Commercial kitchen facilities designed and operated in compliance with the California Retail Food Code;

• B. Dining area;

• C. Laundry;

• D. Recreation room;

• E. Support services, (e.g., training, counseling);

F. Child care facilities.

• (Ord. No. 426-2015, § 1, 4-9-2015)

Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, full cut-off downward facing hooded lighting and directed away from adjacent properties and public rights-ofway, and of intensity compatible with the neighborhood.

(Ord. No. 426-2015, § 1, 4-9-2015)

Outdoor activities, such as recreation, eating, and staging for drop-off, intake, and pick-up, may be conducted at the facility. Conducting such activities either at a back entrance or inner courtyard is encouraged. For the purposes of noise abatement in residential districts, outdoor activities may only be conducted between the hours of 8:00 a.m. to 10:00 p.m.

(Ord. No. 426-2015, § 1, 4-9-2015)

Emergency shelters must be sited within the R-3 (high density residential), R-4 (residential mixed-use), and C-2 (general commercial) zones. No more than one emergency shelter is permitted within a radius of one thousand feet from another emergency shelter.

(Ord. No. 426-2015, § 1, 4-9-2015)

To assure that new and renovated buildings are compatible with the existing character and scale of the surrounding commercial environment, new and infill buildings must be consistent with the architectural design guidelines.

(Ord. No. 426-2015, § 1, 4-9-2015)

The agency or organization operating the shelter shall comply with the following requirements:

• A. Temporary shelter shall be available to residents for no more than sixty days. Extensions up to a total stay of one hundred eighty days may be provided if no alternative housing is available.

• B. Staff and services shall be provided to assist residents to obtain permanent shelter and income. Such services shall be available at no cost to all residents of a provider's shelter or shelters.

• C. The provider shall not discriminate in any services provided.

• D. The provider shall not require participation by residents in any religious or philosophical ritual, service, meeting or rite as a condition of eligibility.

(Ord. No. 426-2015, § 1, 4-9-2015)