Sec. 26-179. - Applicability and permit requirements.

All uses, structures and parcels determined by the Community Development Director or their designee to be nonconforming shall require a hearing before the Planning Commission to establish the appropriate abatement period. Abatement periods may be extended by the Planning Commission. Early termination of a nonconformity may be initiated by order of the Planning Commission or City Council for public health, safety, and welfare purposes. Such actions shall be processed pursuant to standard procedures in this article and Development Code.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-180. - Required findings.

(a)

Abatement and extension.

(1)

In establishing the amortization period for a nonconforming use, structure or parcel, the Planning Commission shall consider competent financial data such as the depreciation schedule attached to the owner's latest federal income tax return. Findings shall be made as to whether or not the balancing of the

public interest and the request by the owner for continuance, alteration, or expansion of the nonconformity requires a deviation from the City's development standards.

(2)

To grant an extension to the abatement period for a nonconformity, the Planning Commission shall find that an unreasonable hardship would otherwise be imposed on the property owner if such an extension were not granted.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-181. - Conditions.

The Planning Commission may impose conditions to ensure maintenance of an equitable balance of the public interest and the interests of the property owner.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

ARTICLE VI. - PERMIT PROCESSING PROCEDURES DIVISION 1. - GENERAL PROVISIONS

Sec. 26-182. - Application forms and materials.

The Community Development Director or their designee shall prepare and issue application forms and lists that specify the information that will be required from applicants for projects subject to the provisions of this chapter. The director shall require the submission of supporting materials as part of the application, including but not limited to statements, photographs, plans, drawings, renderings, models, material samples, contextual drawings, massing diagrams and/or models, site development history information, and other items necessary or relevant (e.g., easements, prior site zoning) to describe existing conditions and the proposed project and to determine the level of environmental review pursuant to the California Environmental Quality Act.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-183. - Applications a part of permanent record.

Applications filed pursuant to this chapter shall be numbered consecutively in the order of their filing, and shall become a part of the permanent official records of the agency to which application is made, and there shall be attached thereto and permanently filed with copies of all notices and actions with certificates or affidavits of posting, mailing or publications pertaining thereto.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-184. - Filing fees.

The City Council shall approve by resolution a municipal fee schedule that establishes fees for permits, appeals, amendments, informational materials, penalties, copying, and other such items. These fees may be amended by the City Council by legislation.

If, pursuant to the guidelines and procedures for evaluating environmental impacts of proposed projects, the Community Development Director or their designee declares that a proposed action is not categorically exempt from the provisions of the California Environmental Quality Act of 1970, the developer shall be required to pay the California Department of Fish and Wildlife and County recording fee established by a resolution of the City Council at the time the application to prepare or process required environmental impact documents is accepted.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-185. - Multiple applications.

(a)

Multiple applications needed for the same project (e.g., a precise plan and zone change) must be filed and processed concurrently.

(b)

When multiple applications for one (1) project are filed concurrently and subject to different approval authorities, the highest approval authority shall act on all the applications. If the different approval authorities are the Planning Commission and the City Council, the Planning Commission shall make a recommendation on the applications to the City Council.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-186. - Setting hearings.

(a)

All proposals for amending zone boundaries or classifications of property uses within such zones, General Plan amendments, conditional use permits, precise plans, amendments and rezones as are defined by this chapter, or the granting of variances (except minor modifications), as provided in this chapter, shall be set by the secretary of the Planning Commission for public hearing when such hearings are to be held before the Planning Commission, by the clerk of the City Council when such hearings are to be held by it.

(b)

All proposals requiring a hearing as provided in this article shall be considered by the Community Development Director or their designee in a public hearing when such hearings are to be held before. A hearing will only take place if a request for such hearing is made with the planning division within the ten (10) day public review period. If such a request is received, a notice shall be mailed in accordance with section 26-187. If no request for hearing is received within the stated time, the Community Development Director or their designee shall have the authority to approve, approve with conditions, or disapprove the proposal without benefit of a hearing. Conversely, the Community Development Director or their designee may elect to not rule on the proposal prior to noticing and transfer the matter directly to the Planning Commission, to be heard within thirty (30) days from the date this election by the Community Development Director or their designee is provided in writing to the applicant. All times as set out herein shall be calendar days unless otherwise indicated.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)