Chapter 17.96 — COMMON PROCEDURES

This chapter establishes procedures that are common to the processing of all permits and approvals provided for in this Zoning Code, unless superseded by specific requirement of this Zoning Code or State law.

(Ord. 1722, 6/18/2024)

• A. Applicant.

  1. A development application may be submitted by the owner of the property or the owner's authorized agent. If an application is submitted by someone other than the owner or the owner's agent, written proof, satisfactory to the Director, of the right to act as the owner's agent or to use and possess the property as applied for, shall accompany the application.

  2. Written proof of authorization (Letter of Agency) must be signed, dated, and notarized by the property owner and expressly state what the agent is authorized to do on behalf of the owner.

• B. Planning Application Forms and Materials.

  1. Planning Application Forms. The Director shall prepare and have on file with the Department the planning application forms and checklists that specify the information required to be submitted with all planning applications.

  2. Supporting Materials and Information. The Director may require the submission of supporting materials and information as part of a planning application submittal, including, but not limited to, statements, photographs, plans, drawings, renderings, models, material samples, special studies, and other items necessary to describe existing conditions and the proposed project, to determine the level of environmental review pursuant to CEQA, and clearance as required pursuant to the Yolo Habitat Conservation/Natural Community Conservation Plan.

  3. Availability of Application Materials. All application materials submitted to the City shall become the property of the City, may be distributed to the public, and shall be made available for public inspection. At any time upon reasonable request, and during normal business hours, any person may examine a planning application and materials submitted in support of, or in opposition to, an application in the Planning Division offices. Unless prohibited by law, copies of such materials shall be made available at a reasonable cost.

• C. Multiple Applications.

  1. Concurrent Filing. Unless otherwise approved by the Director, an applicant for a project which requires more than one planning permit (e.g., a Conditional Use Permit and Development Review) and/or legislative entitlement (e.g., a General Plan amendment or an amendment to the Zoning Map or Code text) shall file all related applications concurrently together with all application fees.

  2. Concurrent Processing. Multiple planning permits and or legislative entitlements for the same project shall be processed concurrently and shall be approved by the highest Review Authority for any of the permits or legislative entitlements, with the lower Review Authority making a recommendation.

• D. Application Fees.

1. Fee Schedule. The City Council shall establish by resolution a Planning Application Permit Fee Schedule that establishes fees for planning permits, informational materials, penalties, copying, and other customary services. The City shall also establish the ability for payment of fees through an advanced funding deposit cost recovery method for those projects that may be more complex, involve outside consultant work, or require additional staff or City Attorney time. The initial deposit and minimum balance will be based upon anticipated work and/or estimated consultant costs.

   2. Fee Payment. No application or covenant shall be accepted as complete and processed without payment in full of the required application fees or deposits.

   3. Multiple Applications. The City's processing fees are cumulative. For example, if an application for a Conditional Use Permit also includes a Development Review, both fees shall be charged. Cost savings may be incurred due to similar documents being prepared for a single project, such as CEQA review, should applications be filed simultaneously.

   4. Refund of Fees. Application fees are nonrefundable unless otherwise provided for in the Woodland Municipal Code, per funding agreement, or as determined by the Director with good cause. Once an application has been accepted and a review initiated, a partial refund may be considered, and is dependent upon the amount of staff time or work on the application.

• (Ord. 1722, 6/18/2024)

Pre-application review is an optional review process to be conducted prior to submittal of a planning application that is intended to provide information on relevant policies, zoning regulations, and procedures.

• A. Exemption from Permit Streamlining Act. Pre-application review shall not be considered completeness review and is not subject to the requirements of the California Permit Streamlining Act § 65920.

• B. Review Procedures. A prospective applicant may submit a pre-application submittal, including a preliminary project description, preliminary plans, and designs to the department. The department shall conduct pre-application review and inform the applicant of applicable City requirements, provide a preliminary list of issues for consideration, and may suggest possible alternatives or modifications to the project prior to formal application submittal. The Director may consult with or request review by other City departments or agencies that may have interest in the application. The initial review is a courtesy review; however, the Director may charge for additional iterations or reviews.

• C. Recommendations are Advisory. Neither the pre-application review nor the provision of information and/or pertinent policies shall be construed as being either a recommendation for approval or denial of the application or project by City staff. Any recommendations that result from pre-application review are considered advisory only and shall not be binding on either the applicant or the City.

• (Ord. 1722, 6/18/2024)

Each zone establishes a list of primary uses and accessory uses which are permitted, permitted with a Zoning Administrator Permit (see § 17.100.090, Zoning Administrator Permit), or permitted with a Conditional Use Permit (see § 17.100.100, Conditional Use Permit). Occasionally, uses may be proposed which are not specifically listed in the Use Tables of Division II, Zone Regulations. This section provides procedures that shall be observed when an unlisted use is proposed in a zone. A use determined to be similar shall apply to the zone uniformly regardless of location.

• A. Director. The Director may administratively determine that the proposed uses are similar to those of the appropriate use category where the uses are clearly similar in character to those uses listed and consistent with the purposes of the zone and General Plan. The Director's determination of similar use may be appealed to the Planning Commission pursuant to the provisions of § 17.96.160, Appeals.

• B. Planning Commission. The Planning Commission's determination of similar use may be appealed to the City Council pursuant to the provisions of § 17.96.160, Appeals.

• (Ord. 1722, 6/18/2024)

• A. Initial Completeness Review. The Director shall determine whether an application is complete within 30 days of the date the application is filed and required fee received. The requirements below shall apply unless otherwise required by law.

• B. Incomplete Application.

  1. If an application is deemed incomplete, the Director shall provide a written notification to the applicant with a listing of information necessary to complete the application. The listing shall be exhaustive and based upon a City checklist.

  2. Upon submittal of additional requested materials, the Director shall make a new determination and notify the applicant in writing as to whether the application is complete within 30 days of the date the additional materials are received by the City.

  3. The applicant shall provide the requested information within 180 days of the letter of notification stating that an application is determined to be incomplete. The Director may, upon written request, and for good cause, grant one extension of up to 90 calendar days for review of applications imposed by this Zoning Code.

• C. Zoning Code Violations. An application shall not be found complete if conditions exist on the site in violation of this Zoning Code or any permit or other approval granted in compliance with this Zoning Code, unless the proposed project includes the correction of the violations or the violation is a legal nonconformity as described in Chapter 17.80,

Nonconforming Provisions.

• D. Submittal of Additional Information. The applicant shall provide the additional information within the time limit specified by the Director.

• E. Appeal of Application Completeness Determination. Determinations of incompleteness are subject to the provisions of § 17.96.160, Appeals, except there shall be a final written determination on the appeal no later than 60 days after receipt of the appeal.

• F. Expiration of Application. If an applicant fails to correct the specified deficiencies and/or submit the information identified on the written notification of an application that is determined to be incomplete within the specified time limit, the application shall expire and be deemed withdrawn. After the expiration of an application, review shall require the submittal of a new, complete application, along with all required fees. Partial refund of fees may be allowed based on the extent of the work conducted as described in § 17.96.020.D.4, Refund of Fees.

• G. Complete Application. In compliance with the California Permit Streamlining Act § 65920, when a planning application is deemed complete, the Director shall make a record of that date and proceed with processing the application.

  1. Once an application has been accepted as complete, the City may request that the applicant clarify, amplify, correct, or otherwise supplement the information required for the application.

2. This shall not limit the City's ability to request and obtain information which may be needed in order to comply with the California Public Resources Code pertaining to the CEQA.

• H. Referral of Application. At the discretion of the Director, or where otherwise required by this Zoning Code, State or Federal law, any application filed in compliance with this Zoning Code may be referred to any City department, public agency, or interest group that may be affected by, or have an interest in, the proposed land use project for review and comment on the application.

• (Ord. 1722, 6/18/2024)

All projects must be reviewed for compliance with the CEQA. Environmental review will be conducted pursuant to the California Code of Regulations, Title 14, Division 6, Guidelines for the Implementation of the California Environmental Quality Act. If Title 14 of the California Code of Regulations is amended, the amendments will govern City procedures. (Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)

• A. Purpose. The purpose of the neighborhood meeting is to acquaint the neighborhood with the proposed project application and to receive public comments and is particularly helpful when there may be potential controversy.

• B. Timing. The Director may require the applicant to hold a neighborhood meeting after submittal of an application if it is determined during the course of project review that there may be issues or considerations that would be best discussed with the neighborhood.

• C. Notice. Notice of the meeting shall be mailed by first class mail, a minimum of 10 days prior to the meeting date, to every owner whose name and address appears on the last equalized County Assessment Roll for any property within 300 feet of the exterior boundaries of the subject property. The Director may increase the notice radius requirement depending on the nature and type of project proposal.

• D. Posting. Depending on the nature and type of the project, the Director may require the applicant to post notice of the neighborhood meeting on the site. The notice shall be at least 11 inches wide by 17 inches high in size, in a form acceptable to the City.

• E. Meeting Location, Date and Time. The meeting shall be held at a location acceptable to the Director. The meeting shall not be held on a Friday or Sunday or on any holiday, or other days of celebration as determined by the Director. The meeting time shall be at a generally acceptable time when the majority of neighbors are able to attend, typically in the evening after 6:00 p.m.

• (Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)

Unless otherwise specified, whenever public notice is required, the City shall provide notice in compliance with State law.

• A. Mailed Notice. At least 10 days before the date of a scheduled public hearing the Director (or the City Clerk for City Council meetings) shall provide notice by First Class mail delivery to the following:

  1. The applicant, the owner, and any occupant of the subject property;

  2. All property owners of record within a minimum 300-foot radius of the subject property as shown on the latest available assessment role, or a larger radius if deemed necessary by the Director in order to provide adequate public notification;

  3. All neighborhood groups and community organizations that have previously filed a written request for public hearing notices for projects in the area where the site is located; and

  4. Any person or group who has filed a written request for notice regarding the specific application.

• B. Alternative Method for Large Mailings. If the number of owners to whom public hearing notice would be mailed or delivered is greater than 1,000, instead of a mailed notice, the Director (or City Clerk for City Council hearings) may provide public notice by placing a display advertisement of at least one-eighth of a page in at least one newspaper of general circulation in the City, at least 10 days prior to the hearing.

• C. Posted Notice.

  1. At the discretion of the Director, or as otherwise may be required in this Zoning Code or State law, a notice shall be posted in a format approved by the department. The applicant shall post a public notice on the subject property in compliance with the following requirements:

     • a. The public notice shall be posted at least 10 days prior to the public hearing or action;

     • b. One notice shall be displayed on each public street frontage of the subject property;

     • c. The City shall prepare the notice;

     • d. The applicant shall submit a signed letter stating that they posted or caused the notice to be posted along with photographic verification;

     • e. The notice shall contain the information as required in subsection E, Contents of Public Notice;

     • f. The notice shall be a minimum of 11 inches wide by 17 inches high and laminated (or another size as may be required for a specific permit or by the Director); and

     • g. The notice shall be removed within 15 days after the public hearing.

• D. Newspaper Public Notice. At least 10 days before the date of the public hearing the Director (or the City Clerk for City Council meetings) shall publish a notice in at least one newspaper of general circulation in the City.

• E. Contents of Public Notice. Public hearing notices shall include the following information:

  1. Project location, when the application is proposed on real property;

  2. A general description of the proposed project or action;

3. The date, time, location, and purpose of the public hearing, or the date of when action will occur if a public hearing is not required;

   4. The Review Authority;

   5. The name(s) of the project applicant and the property owner;

   6. The location and availability of the project application and materials for review by the public;

   7. A statement that any interested person or authorized agent may appear at the hearing and be heard;

   8. A statement describing how to submit written comments; and

   9. For City Council hearings, the Planning Commission's recommendation.

• F. Failure to Notify Individual Properties. The validity of the proceedings will not be affected by the failure of any property owner, resident, or community organization to receive a mailed notice.

• G. Optional Notice Methods. The Director may require additional noticing of public hearings. Projects that may be considered for optional public noticing methods include those that may result in major policy changes, affect large neighborhoods or districts, or that may have strong public interest.

1. Internet Postings.

   • a. Notice shall be given on the City’s webpage.

   • b. Alternative online postings, including, but not limited to, social media are encouraged at the discretion of the Director.

2. Supplemental Large Sign Notice. A supplemental large sign may be used to notice neighbors in the affected area and the community early in the review process. If determined appropriate by the Director, the applicant shall install the sign as directed.

   • a. The sign must be at least four feet by eight feet in size.

   • b. The sign shall be located in a position most visible to the public, but shall not block the visibility triangle. The location for the sign shall be determined by the Director.

   • c. All signs shall be kept adequately maintained and remain in place until the final determination on the application has been made, or the application is withdrawn.

d. The sign shall be removed within 15 days after the public hearing. (Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025; Ord. 1743, 10/7/2025)

Whenever the provisions of this Zoning Code require a public hearing, the hearing must be conducted in compliance with the requirements of State law, and as follows:

• A. Generally. Public hearings must be conducted pursuant to procedures adopted by the hearing body. Hearings are not required to be conducted according to technical rules relating to evidence and witnesses.

• B. Scheduling. Public hearings before the City Council must be scheduled by the City Clerk. All other hearings shall be scheduled by the Director.

• C. Presentation. An applicant or an applicant's representative may make a presentation on a proposed project.

• D. Public Hearing Testimony. Any person may appear at a public hearing and submit oral and/or written testimony, either individually or as a representative of a person or an organization. Each person who appears at a public hearing representing an organization shall identify the organization being represented.

• E. Time Limits. The presiding officer may establish time limits for individual testimony and require that individuals with shared concerns select one or more spokespersons to present testimony on behalf of those individuals.

• F. Continuance of Public Hearing. The hearing body may by motion continue the public hearing to a fixed date, time, and place, or may continue the item to an undetermined date.

• G. Investigations. The hearing body may cause such investigations to be made as it deems necessary and in the public interest in any matter to be heard by it. Such investigation may be made by a committee of one or more members of the hearing body or by City staff. The facts established by such investigation shall be submitted to the hearing body either in writing, to be filed with the records of the matter, or in testimony before the hearing body, and may be considered by the Review Authority.

• H. Decision. The public hearing shall be closed before a decision is made by the hearing body. (Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)

When deciding to approve, approve with conditions, modify, revoke, or deny any discretionary permit under this Zoning Code, the Review Authority shall issue a Notice of Action and make findings of fact as required in this Zoning Code.

• A. Notice of Action. After a final decision is made by the Review Authority, to approve, modify, or deny an application, the Director shall issue a Notice of Action or Resolution. The notice shall describe the action taken, including any applicable conditions, and shall list the findings that were the basis for the decision. The notice shall be documented in writing and sent to the applicant within 10 days at the mailing or email address stated in the application and to any other person or entity requesting the notification in writing. The notification shall describe the action taken, including any applicable conditions, and shall list the findings that were the basis for the decision.

• B. Findings. Findings, when required by State law or this Zoning Code, shall be based upon consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record and shall be stated in writing in the resolution or record of the action on the permit.

• (Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)

• A. Scope. An approval permits only those uses and activities actually proposed in the application and excludes other uses and activities. Unless otherwise specified, the approval of a new use shall terminate all rights and approvals for previous uses no longer occupying the same site or location.

• B. Conditions of Approval. The site plan, floor plans, building elevations and/or any additional information or representations, whether oral or written, indicating the proposed structure or manner of operation submitted with an application or submitted during the approval process shall be deemed to be conditions of approval. Any approval may be subject to requirements that the applicant guarantees, warranties, or ensures compliance with permit's plans and conditions in all respects.

• C. Actions Voiding Approval. If the construction of a building or structure or the use established is contrary to the description or illustration in the application, so as to either violate any provision of this Zoning Code or require additional permits, then resubmittal of a new application is required.

• D. Periodic Review. All approvals may be subject to periodic review to determine compliance with the permit and applicable conditions. If a condition specifies that activities or uses allowed under the permit are subject to periodic reporting, monitoring, or assessments, it shall be the responsibility of the permit holder, the property owner or successor property owners to comply with such conditions.

• (Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)

In considering an application for a permit or other discretionary approval authorized by this Zoning Code, final Review Authorities may require changes to applications and impose conditions of approval in order to effect the policies of the General Plan and the purpose of this Zoning Code. Conditions of approval, which may include dedication of land, installation of specific improvements, size, design and placement of buildings or structures, landscaping, and limitations on use and hours of operation, shall be reasonably related to the type of impacts caused by the use of the property for which the permit or other discretionary approval is requested.

(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)

• A. Expiration. A final decision on an application for any approval subject to appeal will become effective after the expiration of the appeal period as stipulated in § 17.96.160, Appeals, following the date of action, unless an appeal is filed in compliance with § 17.96.160, Appeals. Permits and project approvals will lapse and become void one year after the approval date unless the entitlement/permit is exercised or a greater time period is granted by the Review Authority, or unless any of the following occurs:

  1. Extension for a Permit with no Tentative Map. A time extension of one year beyond the initial approval period may be requested by applying to the Director at least 30 days prior to the expiration date of the permit. In no case shall the expiration date extend more than four years from the date of final approval. After that time, a new application shall be required. In order to grant the extension the Director shall find that:

     • a. The permit holder has clearly documented that they have made a good faith effort to commence work upon the use;

     • b. It is in the best interests of the City to extend the permit; and

     • c. There are no substantial changes to the project, no substantial changes to the circumstances under which the project is undertaken, and no new information of substantial importance that would require any further environmental review pursuant to the CEQA.

  2. Extension for a Permit Granted in Conjunction with a Tentative Map. The time limits for any permit granted in conjunction with an approved Tentative Map shall be automatically extended to be the same as the term of the map.

• B. Exercise of a Use Permit. A permit for the use of a building or a property is exercised when, if required, a valid City business license has been issued, and the permitted use has commenced on the site in accordance with applicable conditions of approval.

• C. Exercise of a Building Permit. A Building Permit is exercised when a valid City grading or Building Permit is secured and physical construction lawfully commenced, in accordance with applicable conditions of approval and all required habitat or biological requirements have been met. See § 17.100.130, Building Permit.

• D. Expiration of Grading or Building Permit. If, upon expiration of the permit or approval, construction is not diligently pursued to completion, the permits and approvals will expire. A time extension based on circumstances beyond the applicant's control may be considered. Should a Grading Permit or Building Permit expire, a new entitlement shall be required. See § 17.100.130, Building Permit.

• (Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)

No modifications in the use or structure for which a permit or other approval has been issued is permitted unless the permit is revised in compliance with this chapter.

• A. Minor Revisions. The Director may approve minor revisions to approved plans, permits, and conditions of approval if the requested changes will not substantially expand the approved floor area, and/or intensify any potentially detrimental effects of the project and the resulting revisions are substantially consistent with the original findings and intent of the approved design, use or permit.

• B. Major Revisions. A request for revisions to approved plans, conditions of approval of a discretionary permit, and/or revisions to an approved site plan or building plan that would intensify a use or potential negative impact of the project, must be treated as a new application, and shall be decided on by the same Review Authority as the original approved permit.

• (Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)

Any permit granted under this chapter may be revoked or revised for cause if any of the conditions or terms of the permit are violated or if any law or ordinance is violated.

• A. Initiation of Proceeding. Revocation proceedings may be initiated by the City Council, Planning Commission, Director, or Zoning Administrator.

• B. Public Hearing Notice, Hearings, and Action. A public hearing notice of a revocation preceding shall be noticed in accordance with § 17.96.080, Public Notice. After conducting a public hearing, the Planning Commission, or City Council where they were the original approval authority, must act on the proposed revocation.

• C. Required Findings. The Planning Commission or City Council may revoke or modify the permit if it makes any of the following findings:

  1. a. The approval was obtained by means of fraud or misrepresentation of a material fact;

     • b. The use, building, or structure has been substantially altered or expanded beyond what is set forth in the permit or substantially changed in character;

     • c. The use has ceased to exist or has been suspended for one year;

     • d. There is or has been a violation of or failure to observe the terms or conditions of approval, or the use has been conducted in violation of the provisions of this chapter, or any applicable local or State law or regulation; or

     • e. The use has been conducted in a manner detrimental to the public safety, health, and welfare, and/or is a nuisance.

2. Notice of Action Regarding Revocation. Following a decision by the Review Authority to revoke or modify a permit, the Director must issue a Notice of Action within 10 days. The Notice of Action must describe the Planning Commission's or City Council's action and findings. The Director must mail notice to the permit holder and to any person or entity who requested the revocation proceeding.

(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)

• A. Applicability. This section allows for appeal of discretionary actions by the Planning Commission, Zoning Administrator, or Director in the administration or enforcement of the provisions of the Zoning Code.

• B. Decisions of the Director. The Planning Commission is the appeal body for decisions of the Director.

• C. Decisions of the Zoning Administrator. The Planning Commission is the appeal body for decisions of the Zoning Administrator.

• D. Decisions of the Planning Commission. The City Council is the appeal body for decisions of the Planning Commission.

• E. Rights of Appeal. Appeals may be filed by an applicant, the owner of the subject property, or any other person aggrieved by a decision that is subject to appeal under the provisions of this chapter.

• F. Time Limits. Unless otherwise specified in state or Federal law, all appeals shall be filed in writing within 10 calendar days of the date when the action was taken. In the event an appeal period ends on a Saturday, Sunday, or any other day the City is closed, the appeal period shall end at the close of business on the next consecutive business day.

• G. Standards of Review. When reviewing any decision on appeal, the appeal body shall consider the appeal de novo and must use the same standards for decision-making required for the original decision. The appeal body may adopt the same decision and findings as were originally approved; it also may request or require changes to the application as a condition of approval.

• H. Procedures. The appeal filing must identify the decision being appealed and must clearly and concisely state the reasons for the appeal. The appeal must be accompanied by the required fee. The Director may waive fees for appeals filed by members of the City Council and the Planning Commission, the City Manager.

• I. Proceedings Stayed by Appeal. The timely filing of an appeal stays all proceedings in the matter appealed, including the issuance of City Building Permits (see § 17.100.130, Building Permit) and business licenses.

• J. Transmission of Record.

  1. Decisions of the Director and of the Zoning Administrator. The Director must schedule the appeal for consideration by the Planning Commission within 45 days of the date the appeal is filed. The Director must make available the appeal, the Notice of Decision, and all other documents that constitute the record to the Planning Commission. The Director must also prepare a staff report that responds to the issues raised by the appeal and may include a recommendation for action.

2. Decisions of the Planning Commission. The City Clerk must schedule the appeal for consideration by the City Council within 45 days of the date the appeal is filed. The City Clerk must make available the appeal, the Notice of Decision, and all other documents that constitute the record to the City Council. The Director must also prepare a staff report with a Continuation of Appeal section that responds to the issues raised by the appeal and may include a recommendation for action.

   3. Public Hearing Notice and Hearing. A public hearing notice must be provided pursuant to § 17.96.080, Public Notice, and a public hearing must be conducted pursuant to § 17.96.090, Conduct of Public Hearing. Notice of the hearing must also be given to the applicant, the party filing the appeal, and any other interested party who has filed with the City a written request for such notice.

3. Action. An action to grant an appeal requires a majority vote of the members of the appeal. A tie vote will have the effect of denying the appeal.

(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)

• A. Purpose. This section establishes procedures for issuing a Certificate of Occupancy to verify that buildings and the proposed use of land complies with all applicable building and health laws and ordinances and with the requirements of this Zoning Code.

• B. Certificate of Occupancy Required. No structure erected, moved, altered, or enlarged after the effective date of this Zoning Code shall be occupied or used, and no site shall be occupied or used until a Certificate of Occupancy has been issued by the Building Official.

• C. Application. Application for a Certificate of Occupancy shall be filed with the Building Official prior to the erection, moving, alteration or enlargement of any structure and prior to the commencement of a new use or a change in use of any structure or site.

• D. Issuance. The Building Official shall issue a Certificate of Occupancy upon receipt of written notice that the structure or site is ready for occupancy or use and after inspection; provided, that the structure or site and the intended use conform with all applicable building and health laws and ordinances and with the requirements of this Zoning Code.

• (Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)

CHAPTER 17.100 PLANNING PERMITS AND APPROVALS

This chapter establishes the procedures for the preparation, filing, and processing of applications for planning permits and other entitlements regulated by this Zoning Code. (Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)

The Director shall coordinate the review for all planning permit applications for new uses and development. Table 17.100.020-1: Planning Processes/Permits and Review Authority, identifies the types of planning permits authorized by this Zoning Code, and the Review Authority responsible for reviewing and making decisions on each type of planning application. For an appeal, public noticing is required if public noticing was required for the initial review. If public noticing was not required for the initial review, public review may be required for the appeal at the discretion of the Director.

Text read from an image; its layout may differ:
Table 17.100.020-1: Planning Processes/Permits and Review Authority
Review Appeal
Permit Type Advisory Body Authority Hearing Public Notice Authority
Administrative (Ministerial) Actions
Determination of Public Staff Director1 No No Planning
Convenience or Necessity Commission
(PCN) (See § 17.84.060,
Alcoholic Beverage Sales)
Zoning Clearance Staff Director No No Planning
Commission
Interpretations/Zoning inquiry/ Staff Director No No Planning
Determinations Commission
Pre-Application Review Staff n/a No No n/a
Temporary Use Permit Staff Director If CEQA required If CEQA required Planning
or referral or referral Commission
Development Review Tier 1: Staff Director No No Planning
Minor Commission
Development Review Tier 2: Staff Director No No Planning
Major Commission
Sign Permit, Permanent Sign Staff Director No No Planning
Commission
Modification to an Approved Staff Director No No Planning
Discretionary or Commission
Administrative Permit, Minor
Minor Modification Staff Director No No Planning
Commission

Text read from an image; its layout may differ:
Table 17.100.020-1: Planning Processes/Permits and Review Authority
Review Appeal
Permit Type Advisory Body Authority Hearing Public Notice Authority
Discretionary Actions
Appeals Director Planning Yes Yes Planning
Commission Commission
Conditional Use Permit Director Planning Yes Yes Planning
Commission Commission
Development Review Tier 3 Director Zoning If requested Yes Zoning
Administrator or Administrator or
Planning Planning
Commission Commission
Zoning Administrator Permit Staff Zoning If requested Yes Zoning
Administrator Administrator
Modification to an Approved Director Review Authority Same as original Same as original Review Authority
Discretionary Permit, Major of original permit permit permit of original permit
Variance Director Zoning Yes Yes Zoning
Administrator Administrator
Revocation of Permit Director Review Authority Yes Yes Review Authority
of Original of Original
Permit Permit
General Plan Text and Map Planning City Council Yes Yes City Council
Amendments Commission
Zoning Text and Map Planning City Council Yes Yes City Council
Amendments Commission
Planned Development Planning City Council Yes Yes City Council
Commission
Development Agreements Planning City Council Yes Yes City Council
Commission
Reasonable Accommodation Staff Director No No Director
for Persons with Disabilities
Master Sign Program Staff Director No No Director
Public Art (See § 17.64.040, Director Review Authority Same as original No Review Authority
Public Art) of original permit permit of original permit
Demolition Permit Subject to Director Planning Yes Yes Planning
Woodland Municipal Code Commission Commission
Chapter 15.24, Historical
Landmarks, Districts and
Resources

Note:

• 1 Unless a CUP is required, in which case refer to Conditional Use Permit in this table.

• (Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)

• A. Purpose. This section establishes procedures for conducting a zoning or use clearance to verify that each new, modified or expanded use, activity, building, or structure complies with any applicable policies or standards of the General Plan, all of the applicable provisions of this Zoning Code, and any operative plans or conditions of approval the City has granted previously.

• B. Applicability. A Zoning Clearance is required for buildings or structures erected, constructed, altered, repaired, or moved, the use of vacant land, changes in the character of the use of land or a building or structure, or for substantial expansions in the use. Zoning Clearance is conducted as part of the Building Permit (see § 17.100.130, Building Permit) or other City application review and is required to confirm that the establishment of a new use is permitted as a matter of right and that no other entitlements are required prior to securing a tax certificate; issuance of a Grading Permit, Building Permit, or Sign Permit; and commencing operations. Zoning Clearance is required for the following actions:

  1. All buildings or structures that require a Building Permit;

  2. Signs;

  3. Business licenses;

  4. All planning entitlement and permit approvals to ensure compliance with applicable conditions of approval; and

  5. All other City applications that may be subject to the provisions of this Zoning Code, including, but not limited to, tree removal, encroachment, and grading and improvement plans.

• C. Zoning Clearance Application. No separate application form is necessary for Zoning Clearance.

• D. Review Authority. The Director shall be the designated approving authority for Zoning Clearance.

• E. Clearance Determination Requirements. The Director may request that the Zoning Clearance determination request be accompanied by a written narrative, operational statement, plans, and other related materials necessary to show that the proposed use, development, or alteration of the site complies with all applicable provisions of this Zoning Code. The Director may require attachments of other written or graphic information, including a site plan.

• F. Determination. Zoning Clearance shall be granted if the Director determines that the proposed use, building, or structure is allowed as a matter of right by this Zoning Code and conforms to all the applicable development and use standards of this Zoning Code, Development Review, Use Permit, or other discretionary land use approval and that all conditions of such permits and approvals have been satisfied. An approved Zoning Clearance may include attachments or other written or graphic information, including, but not limited to, statements, numeric data, site plans, floor plans, building elevations and sections, as a record of the proposal's conformity with the applicable regulations of this Zoning Code.

• (Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)

• A. Purpose. The Development Review procedure is established to ensure that new development supports the goals and objectives of the General Plan and other adopted plans and guidelines and is in compliance with applicable provisions of the Zoning Code. The specific purposes of development review are to:

  1. Promote excellence in site planning and design and the harmonious appearance of buildings and sites;

  2. Ensure that new and modified uses and development will be compatible with the existing and potential development in the area;

  3. Ensure the preservation of natural landforms and existing vegetation;

  4. Protect historic resources and ensure compatibility with historic districts or adjacent resources; and

  5. Supplement other City regulations and standards in order to ensure control of aspects of design that are not otherwise addressed.

• B. Applicability. Development Review is required for all projects that require a permit for new construction, reconstruction, rehabilitation, alteration, or other improvements to the exterior of a structure, site, or landscaping or parking area except for:

  1. Projects where there is no exterior building or site modifications, including openings, or where replacement of exterior materials are with the same materials;

  2. Additions, construction, reconstruction, alterations, improvements, and landscaping that are consistent with previously approved entitlement and development review approval; and/or

  3. Single family and duplex landscaping unless part of a residential subdivision approval. (See also the Woodland Municipal Code Section 12.48.130, Tree preservation of established trees, heritage oak trees, specimen trees and landmark trees as part of development projects or on vacant/undeveloped commercial and residential property.)

• C. Assignment of Development Review Responsibilities.

  1. The Director is the Review Authority for Development Review Tiers 1 (see § 17.100.050, Development Review Tier 1) and 2 (see § 17.100.060, Development Review Tier 2).

  2. The Director may refer Tier 2 applications directly to the Planning Commission when it is determined the public interest would be better served by the Planning

Commission conducting the development review.

3. Either the Zoning Administrator or Planning Commission shall have development review authority for those Tier 3 Development Review applications that are combined with projects requiring discretionary entitlement approval by the Zoning Administrator (such as Zoning Administrator Permit or Minor Exception) or Planning Commission (such as Conditional Use Permit, Variance, Planned Development, or projects where Development Review is referred to the Planning Commission for review).

• D. Procedures.

  1. Application. A qualified applicant shall submit an application for Development Review on a form prescribed by the Director as prescribed in § 17.96.020, Application Forms and Fees.

2. Design Standards. All projects shall be consistent with the applicable design standards and guidelines, which are intended to promote high-quality design, wellcrafted and maintained buildings and landscaping, the use of high-quality building materials, and attention to the design and execution of building details and amenities in both public and private projects.

• E. Development Review Considerations. Development review shall be based on application of the requirements of this Zoning Code applied to the design of the site plan, structures, landscaping, and other physical features of a proposed project, including, but not limited to:

  1. Building proportions, massing, and architectural details;

  2. Site design, orientation, location, and architectural design of buildings relative to the public way, existing structures on or adjacent to the property, topography, and other physical features of the natural and built environment;

  3. Size, location, design, development, and arrangement of on-site parking and other paved areas;

  4. Pedestrian, bike, and transit connections and facilities;

  5. Exterior materials and, except in the case of the review of a single-family residence, color as they relate to each other, to the overall appearance of the project, and to surrounding development;

  6. Height, materials, design, fences, walls, and screen plantings;

  7. Location and type of landscaping including selection and size of plant materials, and design of hardscape;

  8. Size, location, design, color, lighting, and materials of all signs; and

  9. Sustainable design, heat resilience, and consistency with the City's Climate Action Plan goals and policies.

• F. Findings. The Review Authority must make the following findings in order to approve Development Review for a project subject to administrative or discretionary approval:

  1. The project is in conformance with the General Plan and Zoning Code;

  2. The project is in conformance with applicable design and development standards;

  3. If discretionary, the project is categorically exempt under or consistent with CEQA or other applicable environmental documents have been certified as complete and adequate;

  4. Adequate utilities, access roads, drainage, sanitation, and/or other necessary facilities will be in place;

  5. The project is consistent with or enhances the surrounding neighborhood, existing site improvements, quality, and safety;

  6. The project design is appropriate to the function of the project and the project's operating characteristics minimize potential negative impacts and land use conflicts; and

7. The project will not be detrimental to the public health, safety, and general welfare.

(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)

• A. Purpose. Development Review Tier 1 provides a staff-level administrative review process. Development Review Tier 1 is intended to promote attractive, compatible architectural design, protect views, and preserve natural landforms and existing vegetation as identified below.

• B. Applicability.

  1. Development Review Tier 1 applies to the following uses and improvements; similar uses and improvements; and uses and improvements indicated throughout this Zoning Code as requiring Development Review Tier 1:

     • a. New single-unit or duplex residential project.

     • b. Small additions, gates installed in driveways, expanded, or updated landscape areas, remodels, and accessory structures less than 1,200 gross square feet in mixed-use, commercial, or employment zones.

     • c. Accessory dwelling units over 800 square feet gross floor area up to 1,000 square feet, subject to § 17.84.030.E.3, ADU Permit Review.

     • d. Accessory structures (not dwelling units) larger than 120 square feet but less than 800 square feet gross floor area or over 12 feet in height in residential zones.

     • e. Façade improvements or site alterations that are not visible from the right-ofway or that are up to 500 square feet in gross floor area. This includes exterior materials and, except in the case of development review of a single-family residence, color as they relate to each other, to the overall appearance of the project, and to surrounding development.

     • f. Exceptions to fence standards as provided in § 17.64.030.D, Fence, Wall and

Hedge Height and Placement.

• g. Modifications to existing landscaping or parking lots for existing commercial, multifamily, mixed-use, or employment projects that do not disturb existing trees.

• h. Other development improvements presenting similar impacts as determined by the Director.

• i. Nonstructural modifications (e.g., paint, in-kind window replacement, awnings) to buildings within the National Register Historic Downtown District or to designated historical resources outside of the Historic District.

• j. Stand-alone tree plan review.

2. The Director may waive the requirement for projects subject to Development Review Tier 1 when the project does not involve exterior building or site modifications, and/ or when it can be determined that the modifications would be consistent with the previously approved entitlement for the site or use.

• (Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025; Ord. 1743, 10/7/2025)

• A. Purpose. Development Review Tier 2 provides a staff level administrative review process for projects that are permitted but are more complex or larger in scope and scale than Tier 1 projects, that are visible from public view, or that may significantly change the design of the original structure or landscaping.

• B. Applicability.

  1. Development Review Tier 2 applies to projects that possess locational, structural, historic, traffic, or operating characteristics requiring special consideration in order to ensure compatibility with neighboring properties. This includes the following projects; similar projects; and projects indicated throughout this Zoning Code as requiring Development Review Tier 2:

     • a. New nonresidential buildings;

     • b. Exterior modifications or site alterations for nonresidential buildings and structures, visible from the right-of-way and/or over 500 square feet in gross floor area;

     • c. New residential projects over two units, including small lot subdivisions;

     • d. The exterior remodel of multifamily residential buildings or structures;

     • e. New landscaping, or significantly revised (greater than 60%) existing commercial, industrial, or multifamily landscaping, including the potential removal of existing trees;

     • f. Accessory structures (not dwelling units) over 800 gross square feet in floor area and accessory structures over 1,200 gross square feet in floor area in mixed-use, commercial, or employment zones; and

     • g. Projects previously reviewed under an entitlement process that requires staff level review of the site and architectural design.

  2. The Director may refer a Tier 2 Development Review application to the Planning Commission to act as the approval body (no public notice as required by § 17.96.080, Public Notice) when in their opinion the public interest would be better served by having the Planning Commission conduct the Development Review.

• (Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025; Ord. 1743, 10/7/2025)

• A. Purpose. Development Review Tier 3 provides a discretionary review process for those projects that are complex in nature, or that may have a concurrent discretionary entitlement review or impact a potentially significant historic resource. Development Review Tier 3 is also intended to promote attractive, compatible architectural design, protect views, and preserve natural landforms, historic resources, and existing vegetation.

• B. Applicability. Development Review Tier 3 applies to those projects that are complex in nature and that may have a concurrent discretionary entitlement review or which impact a potentially significant historic resource as well as projects that possess locational, structural, traffic, or operating characteristics requiring special consideration in order to ensure compatibility with neighboring properties. This includes the following projects; similar projects; and projects indicated throughout this Zoning Code as requiring Development Review Tier 3:

  1. Projects referred from the Director which will be reviewed administratively by the Review Authority and not as a discretionary entitlement review;

  2. Projects where conditions of approval require the Zoning Administrator or Planning Commission to be the Review Authority;

  3. Concurrent processing of projects that require a Zoning Administrator Permit (see § 17.100.090, Zoning Administrator Permit), Conditional Use Permit (see § 17.100.100, Conditional Use Permit), Variance (see § 17.100.120, Variance), or any other discretionary approval;

  4. Accessory dwelling units between 1,000 and 1,200 square feet, subject to § 17.84.030.E.6, ADUs and Discretionary Approval.

  5. New buildings, demolitions, or structural modifications to buildings in the National Register Historic District, or modification, alteration, or demolition of a designated historic resource outside of a Historic District.

• C. Conditions of Approval. The Approval Authority may approve, approve with conditions, or deny an application for a Development Review Tier 3 Permit.

• (Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)

• A. Purpose. A Temporary Use Permit (TUP) provides a process for the review and approval of certain uses that are intended to be of limited duration of time and that will not permanently alter the character or physical facilities of the site where they occur, nor prevent development of future uses.

• B.

Applicability.

1. A Temporary Use Permit is required for any temporary uses that are not otherwise permitted in the base zone regulations.

2. A Temporary Use Permit is required for temporary uses as described in § 17.84.370, Temporary Uses.

3. If the Director determines that a temporary use is likely to result in significant environmental impacts the Temporary Use Permit shall be processed as a Zoning Administrator Permit application pursuant to § 17.100.090, Zoning Administrator Permit or a Conditional Use Permit application, pursuant to § 17.100.100, Conditional Use Permit.

• C. Review Authority. The Director shall approve, conditionally approve, or deny applications for Temporary Use Permits. The Director may refer a Temporary Use Permit to the Planning Commission if the Director finds that the temporary use may have substantial potential effects that warrant additional public notification and review.

• D. Temporary Use Permit Application Requirements. A qualified applicant shall submit an application for a Temporary Use Permit on a form prescribed by the Director as prescribed in § 17.96.020, Application Forms and Fees. An application must be submitted at least 30 days before the temporary use is intended to begin.

• E. Duration of Temporary Use Permit.

  1. Time limits for temporary uses are prescribed in § 17.84.370, Temporary Uses.

  2. Unless otherwise stipulated in this Zoning Code, the Director shall determine the duration of the temporary use.

• F. Findings. The Director may approve an application for a Temporary Use Permit upon making the following findings.

  1. The proposed temporary use will not unreasonably affect adjacent properties, their owners and occupants, or the surrounding neighborhood, and will not in any other way constitute a nuisance or be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the area of such use or to the general welfare of the City;

  2. The proposed temporary use will not unreasonably interfere with pedestrian or vehicular traffic or circulation in the area surrounding the proposed use; and

  3. The proposed temporary use will not create a demand for additional parking that cannot be safely and efficiently accommodated by existing parking areas or a parking management plan.

• G. Operating Requirements. The Director may approve, approve with operating requirements, or deny an application for a Temporary Use Permit.

• (Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)

• A. Purpose. A Zoning Administrator Permit (ZAP) provides a process for the review of uses that generally meet the purposes of the applicable district but which require special consideration in their design or operation to ensure compatibility with surrounding uses. The Zoning Administrator Permit review is a discretionary action that may require CEQA review and/or other mitigation, habitat mitigation, and the application of critical conditions of approval. The purpose of a Zoning Administrator Permit is also to:

  1. Consider the relationship of the use or project to the neighborhood and community as a whole;

  2. Determine if the project's use and location is compatible with the types of uses that are normally permitted in the surrounding area;

  3. Consider the compatibility of the proposed use with the site's characteristics;

  4. Evaluate the adequacy of services and facilities for the proposed use;

  5. Provide an opportunity for public review and comment on the proposed use when appropriate;

  6. Allow for consideration of requested exceptions from required design standards;

  7. Ensure State CEQA, biological, cultural, and other critical reviews are conducted as needed; and

  8. Identify and apply conditions and requirements necessary to comply with the basic purposes of this Zoning Code, the General Plan, and any applicable plans or regulations.

• B. Applicability. A Zoning Administrator Permit applies to the uses and activities identified in Division II, Zone Regulations.

• C. Zoning Administrator Permit Application Requirements. A qualified applicant shall submit an application for a Zoning Administrator Permit on a form prescribed by the Director as prescribed in § 17.96.020, Application Forms and Fees.

• D. Public Notice and Hearings.

  1. A public notice shall be mailed in compliance with § 17.96.080, Public Notice, and/ or the Director may require the site to be posted with a notice consistent with the requirements provided in § 17.96.080.C, Posted Notice.

  2. If no significant comments or concerns are received the item will be acted on by the Zoning Administrator. If public comment, concerns, or issues are received, a public hearing shall be scheduled, the Director shall prepare a staff report, and the Zoning Administrator shall hold a public hearing with appropriate public notice, prior to final action on the application.

• E. Conditions of Approval. The Zoning Administrator may apply reasonable conditions of approval to assure compliance with applicable regulations and standards.

• F. Approval Applies to Land. Any Zoning Administrator Permit approval shall run with the land and shall continue to be valid for the time period specified, whether or not there is a change of ownership of the site or structure to which it applies. Zoning Administrator

Permit approval cannot be transferred to another site.

• G. Referral to Planning Commission. The Zoning Administrator may refer a Zoning Administrator Permit application to the Planning Commission. Such referral shall be at the discretion of the Zoning Administrator and shall be dependent upon policy implications, unique or unusual circumstances, adjacency to sensitive uses, the magnitude of the project, the need for certification of an environmental document, or other factors determined by the Zoning Administrator to warrant Planning Commission review.

• H. Findings. The Zoning Administrator may approve or conditionally approve a Zoning Administrator Permit if the following findings can be made:

  1. The proposed use is consistent with the General Plan;

  2. The proposed use is consistent with the purposes of the Zoning Code, and the purposes of the applicable zone;

  3. The site is physically suitable for the type, density, intensity of the use being proposed, including access, utilities, and the absence of physical constraints;

  4. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity including transportation and service facilities;

  5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located; and

6. The proposed project has been reviewed in compliance with CEQA.

(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)

• A. Purpose. A Conditional Use Permit (CUP) provides a public review process for discretionary review of proposed uses and activities that require special consideration by the Planning Commission to ensure that their effects are compatible with locational, use, structural, traffic, and/or the characteristics of neighboring properties and the community. This discretionary review process is intended to ensure land use compatibility and mitigate potential impacts or conflicts that could otherwise result from the proposed use. A Conditional Use Permit also serves the following purposes:

  1. To consider the relationship of the use or project to the neighborhood and community as a whole;

  2. To determine if the project's use and location is compatible with the types of uses that are normally permitted in the surrounding area;

  3. To consider the compatibility of the proposed use with the site's characteristics;

  4. To evaluate the adequacy of services and facilities for the proposed use;

  5. To provide an opportunity for public review and comment on the proposed use; and

  6. To identify conditions and requirements necessary to comply with the basic purposes of this Zoning Code, the General Plan, and any applicable plans or regulations.

• B. Applicability. A Conditional Use Permit applies to the uses and activities identified in Division II, Zone Regulations.

• C. Conditional Use Permit Application Requirements. A qualified applicant shall submit an application for a Conditional Use Permit on a form prescribed by the Director as prescribed in § 17.96.020, Application Forms and Fees.

• D. Public Notice and Hearing. A public hearing notice shall be mailed in compliance with § 17.96.080, Public Notices. The applicant shall be responsible for posting the site consistent with a format provided by the City and shall provide verification of such posting. A public hearing will be scheduled prior to final action on the application.

• E. Conditions of Approval. The Planning Commission may apply reasonable conditions of approval to assure compliance with applicable regulations and standards.

• F. Approval Applies to Land. Any Conditional Use Permit approval shall run with the land and be valid, whether or not there is a change of ownership of the site or structure to which it applies. Conditional Use Permit approval cannot be transferred to another site.

• G. Modification. A requested modification to an approved Conditional Use Permit may be considered by the Director or final Review Authority consistent with § 17.96.140, Modifications to an Approved Permit.

• H. Findings. The Planning Commission may approve or conditionally approve a Conditional Use Permit if the following findings can be made:

  1. The proposed use is consistent with the General Plan;

  2. The proposed use is consistent with the purposes of the Zoning Code, and the purposes of the applicable zone;

3. The site is physically suitable for the type, density, intensity of the use being proposed, including access, utilities, and the absence of physical constraints;

   4. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity including transportation and service facilities;

   5. Granting the Conditional Use Permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located; and

4. The proposed project has been reviewed in compliance with CEQA.

(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)

• A. Purpose. The purpose for a Minor Modification is to establish a means of granting relief from the requirements of this Zoning Code when doing so would be consistent with the purposes of the Zoning Code. It allows the Director, or appropriate Review Authority if combined with other permit requests, to grant minor modifications to the development standards provided in Table 17.100.110-1: Types of Minor Modifications.

• B. Applicability. A Minor Modification applies only to the modifications identified in Table 17.100.110-1: Types of Minor Modifications, from the requirements of this Zoning Code.

Text read from an image; its layout may differ:
Table 17.100.110-1: Types of Minor Modifications
Types of Minor Modifications Maximum Modification
An increase in lot coverage 10%
Lot area, width, or depth 10% (applicable on an individual
lot, or to an overall subdivision)
A reduction of a designated setback 15%
An increase in allowable building height 15%
Reduction in required open space on a lot 10%
An increase of the allowed maximum height of a 10%
fence or wall located within a designated setback
area
Where a majority of lots are developed with single- Determined on a case-by-case basis
family residences with nonconforming setbacks,
new buildings or structures may conform to the
pattern established by the majority of the existing
buildings or structures in the same block. This is
most likely to occur in older historic neighborhoods
To encourage the development of housing units for Determined on a case-by-case basis
disabled persons with limited mobility, the Director
may allow deviation from the prescribed standards
of this Zoning Code and where necessary to install
features that facilitate access and mobility for
disabled persons
Deviation from Building and Site Design Standards Determined on a case-by-case basis
for those situations where a project is requesting
exception from objective standards

C. Calculation of Modification. As an example, assume that the standard will be modified by 10%. If a site is 5,000 square feet in total area, and 20% open space of a lot area is required, a total of 1,000 square feet of open space must be provided. A 10% modification of the base standards would equate to a reduction of 100 square feet of open space (e.g., 1,000 x 10% = 100). As a result, only 900 square feet of open space would be required.

• D. Minor Modification Application Requirements. A qualified applicant shall submit an application for a Minor Modification on a form prescribed by the Director as prescribed in § 17.96.020, Application Forms and Fees.

• E. Precedents. Each Minor Modification application shall be reviewed on an individual caseby-case basis. The approval of a Minor Modification in one situation is not relevant to the City's consideration of the approval of a Minor Modification in a new situation.

• F. Procedure. The Director or Review Authority shall make the final determination on the Minor Modification application. The Director may choose to refer any application to the Planning Commission for hearing and decision.

• G. Findings. The Director shall approve, with or without conditions, a Minor Modification application only after the following findings are made:

  1. The deviation is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances; or

  2. The Minor Modification is the minimum departure from the requirements of this Zoning Code necessary to grant relief to the applicant, and would not be detrimental to the public welfare or injurious to the property or improvements in the vicinity or the zone in which the subject property is located; and

  3. Granting the requested deviation will not detract from the overall appearance of the neighborhood or immediate vicinity and will not impair the provision of adequate light, air, circulation, or visual openness; and

4. The deviation, as proposed and conditioned, will achieve the general purposes of this Zoning Code or the specific purposes of the zone in which the project is located.

(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)

• A. Purpose. A Variance provides a mechanism for the Zoning Administrator to provide relief from the strict application of this Zoning Code where this will deprive the owner of privileges enjoyed by similar properties because of the subject property's unique and special conditions.

• B. Applicability. A Variance may be granted to vary or modify dimensional and performance standards. A Variance may not be granted to allow new uses or a modification to the density or intensity requirements of this Zoning Code, or activities that this Zoning Code does not authorize for a specific lot or site.

• C. Referral. The Zoning Administrator may refer applications directly to the Planning Commission when in their opinion, the public interest would be better served.

• D. Variance Application Requirements. A qualified applicant shall submit an application for a Variance on a form prescribed by the Director as prescribed in § 17.96.020, Application Forms and Fees. In addition to other application requirements, the application for a Variance shall include data or other evidence showing that the requested Variance conforms to the required findings set forth in subsection G, Findings.

• E. Precedents. Each Variance application shall be reviewed on an individual case-by-case basis and the approval of a prior Variance is not relevant to the City's consideration of the approval of a new Variance.

• F. Public Notice and Hearing. Noticing for a Variance shall be provided in compliance with § 17.96.080, Public Notice. The Zoning Administrator shall conduct a public hearing on an application for a Variance. Public hearings shall be conducted in compliance with § 17.96.090, Conduct of Public Hearings.

• G. Findings. The Zoning Administrator shall approve, with or without conditions, a Variance application only after the following findings are made:

  1. There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, such that the strict application of this Zoning Code deprives the property of privileges enjoyed by other property in the vicinity and under the identical zone;

  2. The special circumstances applicable to the property identified in subsection G.1, was not created by any act of the property owner (i.e., a Variance shall not be granted for a self-imposed hardship);

  3. Granting the Variance would not authorize a use or activity which is not otherwise expressly authorized by the zone governing the property for which the application is made;

  4. Granting the Variance will not be materially detrimental to the public health, safety, or welfare and will not impair an adequate supply of light and air to adjacent property;

  5. The Variance is consistent with the General Plan and any applicable Specific Plan or the potentially adverse effects of the Variance in relation to the General Plan are exceeded by the individual hardship which would be relieved by granting the Variance; and

6. The Variance is the minimum departure from the requirements of this Zoning Code necessary to grant relief to the applicant and would not be detrimental to the public welfare or injurious to the property or improvements in the vicinity or the zone in which the subject property is located.

• (Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)

• A. Purpose. Before commencing any work pertaining to the erection, construction, reconstruction, moving, conversion, or alteration of any structure or any addition to any structure, including the grading of land and the demolition of a structure, a Building Permit shall be issued by the Department.

• B. Conformance with Associated Planning Entitlements. Prior to issuance of a Building Permit, site plans, elevations, construction documents, and other information provided with a Building Permit application shall be determined to substantially conform to the project plans which were approved with a Development Permit, Conditional Use Permit (see § 17.100.100, Conditional Use Permit), Zoning Administrator Permit (see § 17.100.090, Zoning Administrator Permit), or other entitlement for the project by the Director. Substantial inconsistencies between the Building Permit application information and approved plans, as determined by the Director, may be subject to revocation of planning permits (see § 17.96.150, Revocation of Permits) or rejection of the Building Permit application.

• C. Timing.

  1. No application for a Building Permit shall be accepted within 30 days of approval of the second reading of an ordinance approving a change of zone, planned land use designation, or Code regulations that would be affected by the proposed changes.

  2. Building Permits shall not be considered concurrently with entitlements unless the project has been scheduled for public hearing final action and written authorization is provided by the Director. In such instances, the applicant shall affirm in writing that the concurrent review is being done at the applicant's risk, and if the entitlement is rejected for the project, the Building Permit review shall be halted and shall not resume until all necessary entitlements are granted and new, corresponding building plans are submitted.

• D. Demolition. Before any structure is demolished, the City's Historic Preservation Officer shall review the request for potential historic significance.

• (Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)

• A. Purpose. This section establishes the permitting requirements for permanent sign structures described in Chapter 17.72, Signs, to ensure that all permanent signs are in compliance with applicable Code standards.

• B. Sign Permit Requirement.

  1. It shall be unlawful for any person to erect, place, display, alter, repair, or relocate a permanent sign or sign structure without first obtaining approval for a Sign Permit from the Director.

  2. § 17.72.030, Sign Permits, describes the types of signs and modifications to signs for which a Sign Permit is not required.

• C.

Review and Approval.

1. Review and Determination.

   • a. A qualified applicant shall submit an application for a Sign Permit on a form prescribed by the Director as prescribed in § 17.96.020, Application Forms and Fees.

   • b. The Director shall review the Sign Permit application and supporting documentation for compliance with the standards of Chapter 17.72, Signs. The Director shall determine whether the Sign Permit may be issued or if additional information is required from the applicant to complete the permit application. If the Sign Permit application is denied, the reason shall be stated in writing.

   • c. Where required in Chapter 17.72, Signs, an Encroachment Permit must be submitted for review and approval by the State Department of Transportation or the City Public Works Director (City Engineer) and must be obtained prior to issuance of a Sign Permit.

2. Method of Review. After receipt of a complete Sign Permit application, the Zoning Administrator shall render a decision to approve, approve with modifications, or deny the Sign Permit. This review will ensure that any sign proposal is in conformance with the requirements of Chapter 17.72, Signs, and is consistent with the City's objectives. The Director may grant slight deviations from the designated sign area or location or distance between signs, not to exceed 10%, when it is determined no other reasonable method of providing signage is functional.

3. Substitution. Any time after a Sign Permit is issued, a new owner, tenant, or lessee of record may be substituted for the original applicant if a record of the new interest is made with the City and the new interest assumes all obligations they would have had consistent with the original permit.

4. Expiration. A Sign Permit shall expire and become null and void if the work authorized in compliance with the permit is not commenced within 180 days from the date of issuance of the Sign Permit, or if work is suspended or abandoned for a period of 90 days or more at any time after the work has commenced. If a Sign Permit has not been obtained within 180 days after the Sign Permit has been approved and issued, the application shall be considered withdrawn.

Inspections.

• a. All signs for which a Sign Permit is required are subject to inspection to establish compliance with the provisions of Chapter 17.72, Signs, as well as the following additional inspections, unless waived in writing by the Building Official:

  • i. Footing inspections on all freestanding signs, including the addition of additional sign area to existing signs;

  • ii. Electrical inspections for all sign structure(s) prior to placement; and

  • iii. Final inspection to establish compliance with provisions of this Zoning Code and other applicable City Codes.

• b. Violations. Any work commenced without a Sign Permit, or any work beyond the authorized scope of a Sign Permit constitutes a violation of this chapter and is grounds for the Director to issue a correction notice and/or to stop all work on the sign until appropriate permits are obtained (see § 17.72.080, Enforcement).

• (Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)

• A. Purpose. A Master Sign Program provides mixed-use, nonresidential, and multifamily residential uses with flexibility to develop innovative, creative, and effective signage and to improve the aesthetics of the City.

• B. Applicability. A Master Sign Program applies to proposed or existing mixed-use, nonresidential, and multifamily residential uses as follows:

  1. A Master Sign Program is required for:

     • a. Projects with five or more nonresidential tenants;

     • b. Multi-unit developments of 50 or more units;

     • c. Whenever five or more signs are proposed for a building or site;

     • d. To erect a freeway-oriented sign (refer to Table 17.72.050.D-3: Standards for

Freeway-Oriented Signs);

• e. Projects in which flexibility in sign design is sought so that high quality signs may be provided which contribute to the attractiveness and economic viability of their surroundings, but which may not meet the standards otherwise required for the subject location or zone; and

• f. Any project proposed as a Planned Development (see Chapter 17.112, Planned Development (PD)).

• C.

Review.

1. A qualified applicant shall submit an application for a Master Sign Program on a form prescribed by the Director as prescribed in § 17.96.020, Application Forms and Fees.

2. At a minimum, all Master Sign Programs shall include the type, number, size, location/placement, and general design parameters of all permanent building mounted and freestanding signs. Modifications to any previously approved Master Sign Program shall be made in the same manner as the original approval.

3. All Master Sign Program submittals shall be reviewed for compliance with the requirements of Chapter 17.72, Signs, and the Zoning Administrator shall either approve, conditionally approve, or deny the proposed Master Sign Program. Following approval by the Zoning Administrator, a copy of the approved Master Sign Program will be made available to the applicant.

4. Individual signs authorized by an approved Master Sign Program require the issuance of separate Sign Permits as described in § 17.100.140, Sign Permit—Permanent Signs provided:

   • a. The signs comply with all applicable conditions of the approved Master Sign Program;

   • b. Sign Permit applications are submitted within a time period specified as part of the conditions of the content or review of the Master Sign Program, where applicable; and

   • c. Sign Permit applications are submitted prior to any subsequent amendment to this chapter which is more restrictive than provisions existing when the Master Sign Program was approved.

5. The Planning Commission shall review all Master Sign Programs which include a request for an increase in allowable sign height and area beyond the limits established in § 17.72.050, Standards for Permanent Signs, for freestanding and building mounted signs for multi-tenant buildings and shopping centers.

• D. Supplemental Provisions.

1. Modifications to an approved Master Sign Program shall be reviewed by the Zoning Administrator.

   2. No sign identified in this section may be placed upon real property without the consent of the real property owner(s), who shall either sign and submit the application for a Master Sign Program or designate in writing an authorized representative.

2. A Master Sign Program may be implemented in phases.

(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)

• A. Purpose. This section provides a formal procedure for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) to request reasonable accommodation in the application of the City's land use regulations and to establish relevant criteria to be used when considering such requests.

• B. Applicability.

  1. A request for reasonable accommodation may be made by any person with a disability, their representative, or any entity, when the application of a zoning law or other land use regulation, policy, or practice acts as a barrier to fair housing opportunities.

  2. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has record of such impairment. This section is intended to apply to those persons who are defined as disabled under the Acts.

  3. A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the site, development, and use of housingrelated facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. This section allows for minor structural modifications and/or regulatory exceptions. Nothing in this section shall be interpreted to require the City to waive or reduce development or building fees associated with the granting of a reasonable accommodation request. Requests for reasonable accommodation shall be made in the manner prescribed within this section.

• C. Review Authority and Procedure.

  1. Requests for reasonable accommodation shall be reviewed by the Director if no discretionary approval is sought other than the request for reasonable accommodation. The Director shall make a written determination within 45 days and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with subsection E, Criteria for Findings and Decision.

  2. Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the Review Authority responsible for reviewing the discretionary land use application. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the Review Authority in compliance with the applicable review procedure for the discretionary review. The written determination to grant or deny the request for reasonable modification shall be made in accordance with subsection E, Criteria for Findings and Decision.

• D. Application Requirements. A qualified applicant shall submit an application for a reasonable accommodation on a form prescribed by the Director as prescribed in § 17.96.020, Application Forms and Fees. No noticing or public hearings are required for a reasonable accommodation request.

• E. Criteria for Findings and Decision. The Director must consider all of the following factors in order to approve or deny a request for reasonable accommodation;

  1. Whether the housing, which is the subject of the request, will be used by a person with a disability as defined under the Acts;

  2. Whether the request for reasonable accommodation is necessary to make specific housing available to a person with a disability as defined under the Acts;

  3. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the City; and

  4. Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a City program or law, including, but not limited to, land use and zoning.

• F. Conditions of Approval. In granting a request for reasonable accommodation, the Review Authority may impose any conditions approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by subsection E, Criteria for Findings and Decision. Conditions shall also state that the accommodation granted shall terminate if the recipient of the accommodation requested no longer resides on the property as stated in subsection G.2.

• G. Appeals, Expiration, Extensions, and Revisions.

  1. Appeals. A decision on reasonable accommodation request may be appealed as provided for in § 17.96.160, Appeals.

  2. Expiration, Extensions, and Revisions. A reasonable accommodation approval may only be expired, extended, or revised as provided for in Chapter 17.96, Common Procedures. A reasonable accommodation approval shall terminate if the accommodation is no longer required, or if the recipient of the accommodation no longer resides at the property.

• (Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)

• A. Purpose. The purpose of pre-zoning property is to determine the zoning that will apply to property upon subsequent annexation to the City.

• B. Applicability. The pre-zoning process applies to unincorporated property adjoining the City within the urban limit line that is subject to a pending annexation.

• C. Initiation. Pre-zoning shall be initiated by a resolution of intention by the Planning Commission or the City Council.

• D. Procedure. Pre-zoning applications shall be processed following the procedures established in Chapter 17.108, Amendments to the Zoning Map and Text. Pre-zoning shall become effective at the same time as an annexation becomes effective.

• E. Zoning of Annexed Areas. Upon the annexation of property to the City which has not been pre-zoned, the Planning Commission shall initiate proceedings to zone the annexed property to a zoning classification in conformity with the General Plan following the procedures established in Chapter 17.108, Amendments to the Zoning Map and Text.

• (Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)

• A. Purpose. This chapter establishes procedures and requirements for considering and entering into legally binding agreements with applicants for development projects, as provided for in State law. Such agreements provide a greater degree of certainty than the normal permit approval process by granting assurance that an applicant may proceed with development in accord with policies, rules, and regulations in effect at the time of approval subject to conditions to promote the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance and protect the environment are achieved.

• B. Applicability.

  1. The City incorporates by reference the provisions of California Government Code § 65864 to § 65869.5. In the event of any conflict between the statutory provisions and this chapter, the statutes shall control.

  2. A Development Agreement may be considered for a proposed development that will require a developer to make a substantial investment at the early stages of the project for planning and engineering for the entire project and for public facilities and services.

• C. Initiation. An application for a Development Agreement may be initiated by any qualified applicant identified in § 17.96.020, Application Forms and Fees, or by a motion of the City Council or Planning Commission.

• D. Review Authority.

  1. The Director shall negotiate the specific components and provisions of the Development Agreement on behalf of the City. The Director may request input from other affected departments, as needed.

  2. The City Council has the exclusive authority to approve a Development Agreement. After receiving recommendations from the Planning Commission, the City Council may adopt, reject, or modify a Development Agreement based on consideration of the requirements of this chapter.

• E. Procedure.

  1. Application Requirements. Applications for Development Agreements shall be filed with the Director in accordance with the following procedures. In addition to any other application requirements, the application for a Development Agreement shall include data or other evidence is support of the applicable findings required by subsection H, Required Findings.

  2. Concurrent Processing. An application for a Development Agreement will be made and considered simultaneously with the review of other applications, including, but not limited to, rezoning, Planned Development (see Chapter 17.112, Planned Development (PD)), and a Conditional Use Permit (see § 17.100.100, Conditional Use Permit). A Development Agreement is not a substitute for, nor an alternative to, any other required permit or approval, and the qualified applicant must comply with all other required procedures for development approval.

  3. Contents of Development Agreements.

• a. Required Contents. A Development Agreement shall specify its duration, the permitted uses of the subject property, the general location and density or intensity of uses, the maximum height and size of proposed buildings, provisions for reservation or dedication of land for public purposes, and provisions concerning its transferability (assignment).

  • b. Additional Contents. Development Agreements may also include the following:

    • i. Improvements and Fees. Requirements for construction and maintenance of on-site and off-site improvements or payment of fees in lieu of such dedications or improvements.

    • ii. Conditions. Conditions, terms, restrictions, and requirements for subsequent discretionary actions, except that the applicant's responsibility to obtain all required land use approvals is retained.

    • iii. Environmental Mitigation. Conditions and restrictions imposed by the City with respect to the project, including those conditions, restrictions and mitigation measures proposed in any associated environmental document.

    • iv. Phasing. Provisions that the project must be constructed in specified phases, that construction shall commence within a specified time, and that the project or any phase be completed within a specified time.

    • v. Financing. If the Development Agreement requires applicant financing of necessary public facilities, it may include terms relating to subsequent reimbursement over time for such financing.

    • vi. Indemnity. An indemnity clause requiring the applicant to indemnify and hold the City harmless against claims arising out of or in any way related to the actions of the applicant in connection with the application or the development process, including all legal fees and costs.

    • vii. Performance Obligation. Provisions to guarantee performance of obligations stated in the agreement.

    • viii. Other Items. Other components and provisions as negotiated by the City and the applicant.

• F.

Planning Commission Hearing and Recommendation.

1. Notice. Public notice of hearings by the Planning Commission for a Development Agreement shall be given as specified in § 17.96.080, Public Notice. Notice of the hearing shall also be mailed or delivered to any other local agency expected to provide essential facilities or services to the property that is the subject of the Development Agreement.

   2. Hearing. The Planning Commission shall conduct a public hearing and make recommendations to the City Council in conformance with the provisions of § 17.96.090, Conduct of Public Hearing.

   3. Recommendation to Council. Following the public hearing, the Planning Commission shall make a recommendation on the proposed Development Agreement. The Director shall transmit the Planning Commission's written recommendation and complete record of the application to the City Council.

• G. City Council Review and Recommendation.

1. Notice. Public notice of hearings by the City Council for a Development Agreement shall be given as specified in § 17.96.080, Public Notice. Notice of the hearing shall also be mailed or delivered to any other local agency expected to provide essential facilities or services to the property that is the subject of the Development Agreement.

   2. Hearing. After receiving the report with the Planning Commission recommendation, the City Council shall hold a public hearing in accordance with § 17.96.090, Conduct of Public Hearing. The public hearing notice for the hearing shall include a summary of the Planning Commission recommendation.

   3. Decision. At the conclusion of the hearing, the City Council may approve, modify, or deny the Development Agreement. Approval of a Development Agreement shall be by ordinance. The ordinance shall refer to and incorporate by reference the text of the Development Agreement. If the Council proposes any substantial modification to the Development Agreement, the proposed modification shall first be referred back to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing. The failure of the Planning Commission to report within 40 days after the referral shall be deemed a recommendation to approve and the amendment to the Development Agreement and shall be returned to the City Council for approval.

• H. Required Findings. The Planning Commission when making its recommendation on a Development Agreement, and the City Council, must make the finding to approve a Development Agreement that the proposed Development Agreement and its provisions are consistent with the General Plan and any applicable Specific Plan. This requirement may be satisfied by a finding that the provisions of the Development Agreement are consistent with proposed General Plan or Specific Plan provisions to be adopted concurrently with the approval of the proposed Development Agreement.

• I. Execution and Recordation. Within 10 days after the ordinance approving the Development Agreement takes effect, the Mayor or their designee shall execute the Development Agreement on behalf of the City, and the City shall record the Development Agreement with the County Recorder.

• J. Periodic Review. The applicant shall be required to demonstrate compliance with the provisions of the Development Agreement at least once a year, at which time the Director shall review each approved Development Agreement.

  1. Finding of Compliance. If the Director, based on substantial evidence, determines that the applicant is in compliance with the provisions of the Development Agreement, then no action is required.

2. Finding of Noncompliance. If the Director finds the applicant has not complied with the provisions of the Development Agreement, the Director may issue a finding of noncompliance. The Director shall specify in writing to the applicant the respects in which the applicant has failed to comply and shall set forth terms of compliance and specify a reasonable time for the applicant to meet the terms of compliance. If the applicant does not comply with any terms of compliance within the prescribed time limits, the Development Agreement shall be subject to termination or modification pursuant to this chapter.

   3. Appeal of Determination. Within 10 days after issuance of a finding of noncompliance, any interested person may file a written appeal of the finding with the City Council as described in § 17.96.160, Appeals. The appellant shall specify the reasons for the appeal. The issuance of a finding of compliance or finding of noncompliance by the Director and the expiration of the appeal period without appeal, or the confirmation by the City Council of the issuance of the finding on such appeal, shall conclude the review for the applicable period and such determination shall be final.

• K. Amendment or Cancellation.

  1. Mutual Agreement. Any Development Agreement may be canceled or amended by mutual consent of the parties following compliance with the procedures specified in this section.

     • a. Director Approval. Any amendment to a Development Agreement which is not specific to the duration of the agreement, permitted uses of the property, density or intensity of use, timing of development, height or size of proposed buildings, provisions for reservation or dedication of land, or to any conditions, terms, restrictions and requirements relating to subsequent discretionary actions related to design or improvements or construction standards and specifications, may be made by the Director without noticed public hearing. A Development Agreement may also specify procedures for additional administrative approval of minor amendments by mutual consent of the applicant and Director.

     • b. City Council Approval. The procedure for proposing and adopting an amendment to, or the cancellation in whole or in part, of a Development Agreement, shall be the same as the procedure for originally entering into a Development Agreement.

  2. After Finding of Noncompliance. If a finding of noncompliance does not include terms of compliance, or if applicant does not comply with the terms of compliance within the prescribed time limits, the Director may refer the Development Agreement to the City Council for termination or modification. The City shall first give written notice to the party executing the agreement of its intention to initiate such proceedings. Such notice shall be given not less than 30 days in advance of public notice of the City Council hearing to consider an amendment or cancellation. After the public hearing, the City Council may terminate the Development Agreement, modify the finding of noncompliance, or rescind the finding of noncompliance, and issue a finding of compliance.

  3. Recordation. If the parties to the agreement or their successors in interest amend or cancel the Development Agreement, or if the City terminates or modifies the Development Agreement for failure of the applicant to fully comply with the provisions of the Development Agreement, the City Clerk shall record notice of such action with the County Recorder.

  4. Rights of the Parties After Cancellation or Termination. In the event that a Development Agreement is cancelled or terminated, all rights of the applicant, property owner or successors in interest under the Development Agreement shall terminate. If a Development Agreement is terminated following a finding of noncompliance, the City may, in its sole discretion, determine to return any and all benefits, including reservations or dedications of land, and payments of fees, received by the City.

• L. Effect of Approved Agreement.

  1. Existing Rules and Regulations. Unless otherwise specified in the Development Agreement, the City's rules, regulations, and official policies governing permitted uses of the property, density and design, and improvement standards and specifications applicable to development of the property shall be those City rules, regulations, and official policies in force on the effective date of the Development Agreement.

  2. Future Rules and Regulations. A Development Agreement shall not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations and policies that do not conflict with those rules, regulations and policies applicable to the property as set forth in the Development Agreement. A Development Agreement shall not prevent the City from denying or conditionally approving any subsequent land use project or authorization for the project on the basis of such rules, regulations, and policies. A Development Agreement shall not exempt the applicant from obtaining future discretionary land use approvals, unless otherwise specified in the Development Agreement.

  3. State and Federal Rules and Regulations. In the event that any regulation or law of the State of California or the United States, enacted or interpreted after a Development Agreement has been entered into prevents or precludes compliance with one or more provisions of the Development Agreement, then the Development Agreement may be modified or suspended pursuant to the procedures specified in the Development Agreement, in order to comply with Federal or State regulations.

• M. Enforcement. The procedures for enforcement, revision, cancellation, or termination of a Development Agreement specified in this section and in California Government Code § 65865.4 or any successor statute, are nonexclusive. A Development Agreement may be enforced, revised, cancelled, or terminated by any manner otherwise provided by law or by the provisions of the Development Agreement.

• N. Judicial Review.

  1. Any judicial review of the initial approval by the City of a Development Agreement shall be by writ of mandate pursuant to the Zoning Code of Civil Procedure Code

§ 1085. Any judicial review of any City action taken pursuant to this chapter, other than the initial approval of a Development Agreement, shall be by writ of mandate pursuant to the Zoning Code of Civil Procedure Code § 1094.5. The use of the phrase "substantial evidence" in this chapter with respect to the quantum of proof necessary in conjunction with a finding of noncompliance is not intended to limit nor impose a standard of review upon any court pursuant to a proceeding initiated for that purpose.

2. Any action or proceeding to attack, review, set aside, void, or annul any decision of the City taken pursuant to this chapter shall not be maintained by any person unless the action or proceeding is commenced within 90 days after the date of decision.

(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)