§ 18.90

The provisions contained in this division are intended to provide for certain emergency procedures and regulations in the event of a local emergency. The provisions of this division shall be operative at such time as a proclamation of local emergency is issued by the city council pursuant to applicable law. The provisions shall remain operative until the city council declares that the public interest no longer requires the provisions of this chapter to be operative.

(Ord. 2421 § 1 (part), 1987)

18.90.020 - Procedure relating to zone variance and conditional use permit applications.

A.

Notwithstanding any other provision of this code to the contrary, during such time as the provisions of this division are operative, the provisions of this division shall apply to any lot in the city which has located thereon a building or a structure which has suffered damage by virtue of a casualty to which a proclamation of local emergency relates, as a result of which the building or structure must be reconstructed and/or rehabilitated, or demolished. Where such reconstruction and/or rehabilitation, or new construction replacing the demolished building or structure, can only be accomplished by the landowner if a zone variance and/or a conditional use permit is obtained, public hearings or applications for such a zone variance or a conditional use permit shall be heard by the zoning administrator upon five days' written notice given to the

applicant and to the owners and occupants of real properties located within three hundred feet of the outer boundaries of the lot to which such application relates. The zoning administrator shall be empowered, based upon the evidence presented, to grant such a zone variance or a conditional use permit, provided that the facts required therefor pursuant to Chapter 18.52 of this code are present. The zoning administrator shall be empowered, based upon the evidence submitted, to condition the issuance of such a zone variance or conditional use permit in such manner as deemed appropriate to ensure compliance with the provisions of the city's zoning regulations and the city's general plan and to ensure that such building or structure will be constructed or reconstructed and maintained in a manner compatible with surrounding and adjacent properties and public facilities.

B.

Applications for modifications to existing conditional use permits or zone variances, where such modification is required to permit such reconstruction and/or rehabilitation or new construction, shall also be heard and processed by the zoning administrator based upon a five-day written notice of hearing, given in the time and manner set forth in this section. The decision of the zoning administrator in granting, conditionally granting or denying such a zone variance application, conditional use permit application, or a modification application, shall be final and conclusive.

(Ord. 2421 § 1 (part), 1987)

18.90.030 - Temporary structures.

A.

Definitions. For the purpose of this section, the following words and phrases shall be defined as follows:

1.

"City manager" means the city manager of the city.

2.

"Director" means the director of building and safety of the city.

3.

"Displaced commercial use" and "displaced industrial use" mean a commercial or industrial use which was housed in a building or structure which was severely damaged by casualty to which a proclamation of local emergency relates, to the extent that such building or structure which formerly housed such use can no longer, by virtue of the damaged condition of such building or structure, be utilized for that purpose.

4.

"Displaced resident" means one or more natural persons whose dwelling unit, which was their principal place of residence, was damaged by casualty to which the proclamation of local emergency relates, to the extent that the dwelling unit is no longer safe for human habitation.

"Permit" means a permit issued by the director for the use of a temporary structure.

6.

"Temporary structure" means and includes a trailer, building or other structure which is utilized for the purpose of providing temporary housing for a displaced resident, a displaced commercial use and/or a displaced industrial use.

B.

1.

Permits for Temporary Structures—Issuance. Any displaced resident, and any owner and/or operator of a displaced commercial use or a displaced industrial use, may, subject to the provisions of this section, utilize a temporary structure for the purpose of housing a displaced commercial use, a displaced industrial use, or a displaced resident, provided a permit therefor is first obtained pursuant to the provisions of this section. A permit for a temporary structure shall be issued by the director, after the filing of an application for such permit, upon his/her finding the following:

a.

That the applicant for such permit is a displaced resident or the owner/operator of a displaced commercial use or a displaced industrial use; and

b.

That the building in which the displaced resident or displaced commercial use or displaced industrial use, was located on the date of the casualty to which the proclamation of local emergency relates, and was damaged to such an extent that its continued use is prohibited; and

c.

That the applicant for such permit is the owner of the property upon which such damaged building or structure is located, or is the tenant under a lease relating to such property who has the consent of the landowner to file an application for a permit for such temporary structure, as evidenced by written concurrence of the landowner upon such permit application; and

d.

That the applicant states that the owner of the damaged building or structure which formerly housed the use which has been displaced, has made or will make within a reasonable time, a bona fide application for a building permit to restore, rehabilitate and repair such damaged building, or if such building or structure has been demolished or is in the process of being demolished, such owner will make application for permits, within a reasonable time, to replace the demolished building or structure with a new building or structure.

2.

The director shall have the power to conditionally issue a permit so as to ensure that the provisions of this section are fully met; such conditions shall include a requirement that the temporary structure meets all applicable code requirements relating to utility services and other applicable provisions of the city's building regulations, and administrative regulations relating to temporary structures. The director shall be empowered to issue regulations pertaining to the use of temporary structures so as to ensure that the same can be utilized for the stated purpose in a safe manner.

3.

Such a permit when issued shall be valid for the period of time set forth as a condition of the issuance of such permit imposed by the director, but in no case longer than a period of three hundred sixty consecutive calendar days from and after the issuance thereof. At any time during the term of a permit, for good cause, the director may extend the duration of such permit, for a reasonable period of time.

4.

Permits issued under this subsection shall not be transferable for any reason.

C.

Expiration of Term of Permit. Upon expiration of the term of the permit as granted pursuant to this section, the permittee shall vacate the temporary structure and terminate all use of such temporary structure.

D.

Conditions of Permit Approval. Each permittee shall sign a copy of the permit as issued acknowledging the permittee's acceptance of all conditions of approval imposed upon such permit and specifically acknowledging that at the conclusion of the permit term that the permittee will abandon such temporary structure and remove it from its site; and if for any reason the permittee fails to vacate and/or remove a temporary structure upon the expiration or termination of such permit, such permittee shall be obligated to pay to the city any and all costs of litigation necessary to enforce any of the provisions of this section including, but not limited to, administrative costs, including overhead, reasonable attorneys' fees and court costs.

E.

Permit Revocation.

1.

The director shall revoke a permit after issuance, if he/she finds that a violation of any provision of this section has occurred with reference to the usage allowed pursuant to such permit. The director shall, upon being advised of an alleged violation, conduct a public hearing, giving not less than five days' notice thereof to the permittee, at which hearing the permittee and any other interested person may present any relevant evidence, to determine whether any violation of the terms and conditions imposed upon such permit, or of this chapter, has occurred. The burden of proof in such a proceeding to demonstrate that a violation has occurred shall be upon the city. In the event that there is a determination that such permit should be revoked, if the permittee does not acquiesce in the order of revocation, the city may elect to

, to determine whether any violation of the terms and conditions imposed upon such permit, or of this chapter, has occurred. The burden of proof in such a proceeding to demonstrate that a violation has occurred shall be upon the city. In the event that there is a determination that such permit should be revoked, if the permittee does not acquiesce in the order of revocation, the city may elect to

proceed with a judicial action to enforce such order of revocation, in which event the permittee shall be obligated to pay any and all costs incurred in such proceeding, including administrative overhead costs, reasonable attorneys' fees and court costs. The provisions of Section 8.08.170 of this code shall apply to all temporary structures allowed pursuant to this section.

2.

The director shall have the power, after conduct of a public hearing, giving not less than five days' notice of such hearing to the permittee, to revoke any permit issued under this section if he/she finds, in the case of the repair or rehabilitation of a building formerly housing the displaced use that such repair as rehabilitation is not being expeditiously repaired or if he/she finds that such work of reconstruction or rehabilitation has been abandoned for a period of fifteen or more consecutive calendar days. Further, if the director finds, after hearing, in the case of a building which formerly housed a displaced use which building has been demolished, that the construction of the replacement building or structure is not being expeditiously accomplished or that the construction has been abandoned for a period of not less than fifteen consecutive calendar days, he/she shall revoke such permit for the use of a temporary structure.

F.

Conduct of Hearings. All hearings required to be conducted for the purpose of issuing or revoking a permit pursuant to the provisions of this chapter shall be conducted by the director upon not less than five consecutive calendar days' written notice to the permittee and to the owners of real property located within one hundred fifty feet of the lot upon which such temporary structure is located or is to be located. At the time of such hearing, the director shall allow any interested party to present relevant evidence on the question of whether or not such permit shall be issued or revoked, pursuant to the provisions of this chapter.

G.

Appeals. Any decision of the director shall be subject to an appeal by any person who appeared and presented evidence at the hearing before the director. No other person shall be permitted to file an appeal in such a proceeding. Such an appeal shall be directed to the city manager and shall not be deemed timely filed unless the written appeal, containing a statement of the reasons for such appeal, is filed with the office of the city manager within five consecutive calendar days following the determination of the director on such a matter. Thereafter, the city manager shall expeditiously cause a public hearing to be conducted before him/her, or before a hearing officer designated by him/her, for the purpose of determining, de novo, whether the action of the director is in accordance with the provisions of this chapter. Notice of such an appeal hearing shall be given in the same manner as required of hearings before the director. The actions taken by the city manager upon an appeal from a decision of the director shall be final and conclusive.

(Ord. 2421 § 1 (part), 1987)

Division VI. - Community Design Chapter 18.92 - SINGLE-FAMILY RESIDENTIAL DESIGN GUIDELINES

18.92.010 - Design goals.

Single-family residential development dominates the urban form of the city. The design and configuration of lots and uses reflect various planning styles used at the time of development, such as the early town grid lots, later large subdivisions, curvilinear hillside development and planned unit developments. This diversity of housing types designed in different periods is characteristic of this community. The guidelines apply to smaller infill as well as larger master planned projects and encourage the highest level of design quality while allowing maximum flexibility in the design of single-family residential development that will:

A.

Create livable neighborhoods and residential areas as well as safe and attractive streets by encouraging high-quality architecture, landscape and design; and

B.

Emphasize design compatibility within existing neighborhoods, both in site planning and architectural design.

(Ord. 2786 Exh. A (part), 2001)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)