9-2B-5: TREE PERMIT FOR TREES ON PRIVATE PROPERTY:

   A.   Purpose: The purpose of a tree permit for trees on private property (hereinafter referred to as a "tree permit") is to provide a process for the review and consideration of the removal of protected trees on private property. The city has a desire to protect trees on private property through the development review process and require mitigation for the loss of heritage trees as established in the general plan.

   B.   Applicability: A tree permit shall be required prior to work within the critical root zone or the cutting down, removal, topping, or relocation of a protected tree on private property as defined in subsection 9-5D1-4B, "Protected Trees", of this title that are not exempt per subsection 9-5D1-4D of this title.

   C.   Approving Authority: The designated approving authority for tree permits shall be the planning director.

   D.   Public Hearing And Notice: The issuance of a tree permit is an administrative function of the planning director, and no public hearing or notice is required.

   E.   Approval Findings: The planning director shall make all of the following findings to approve or conditionally approve a tree permit:

      1.   For a development project, every effort has been made to incorporate the tree(s) into the design of the project and the only appropriate alternative is the removal of the tree;

      2.   For requests not associated with a development project, the tree presents a threat to public health and safety and must be removed; and

      3.   The removal of the tree will not have a negative impact on the health, safety, or viability of surrounding trees, nor will it negatively impact the aesthetics or general welfare of the surrounding area.

   F.   Mitigation: Mitigation for the loss of the tree as allowed under an approved tree permit shall be mitigated in accordance with the requirements of this title, specifically including subsection 9-5D1-4F of this title. (Ord. 2013-05, 2-6-2014)

9-2B-6: REASONABLE ACCOMMODATION:

   A.   Purpose: The purpose of allowing reasonable accommodation is to provide a process for individuals with disabilities to make requests for reasonable accommodation for relief from the various provisions of this title. It is the policy of the city, pursuant to the federal fair housing act (as amended) and the California fair employment and housing act, to provide persons with disabilities reasonable accommodation in rules, policies, and procedures that may be necessary to ensure equal access to housing.

   B.   Requesting Reasonable Accommodation:

      1.   A disabled person or representative may request reasonable accommodation(s) relating to the various provisions of this title.

      2.   A request for reasonable accommodation(s) with regard to various provisions of this title may be filed on an application form provided by the city at the time that the accommodation may be necessary to ensure equal access to housing.

   C.   Approval Authority:

      1.   The planning director shall have the authority to consider and take action on requests for reasonable accommodation. The planning director shall issue a written determination of his or her action within fifteen (15) days of the date of receipt of a completed application and may:

         a.   Grant or deny the accommodation request; or

         b.   Grant the accommodation request subject to specified nondiscriminatory condition(s).

      2.   If necessary to reach a determination or action on the request for reasonable accommodation, the planning director may request further information from the applicant specifying in detail what information is required. In the event a request for further information is made, the fifteen (15) day period to issue a written determination shall be stayed until the applicant fully and sufficiently responds to the request.

   D.   Considerations: The city may consider, but is not limited to, the following factors in determining whether the requested accommodation is necessary to provide one or more individuals with a disability a reasonable accommodation:

      1.   Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability;

      2.   Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation;

      3.   In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants;

      4.   In the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting;

      5.   Whether the requested accommodation would fundamentally alter the character of the neighborhood;

      6.   Whether the accommodation would result in a substantial increase in traffic or insufficient parking;

      7.   Whether granting the requested accommodation would substantially undermine any express purpose of either the city's general plan or an applicable specific plan;

      8.   In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.

   E.   Approval Findings: In making a determination regarding the reasonableness of a requested reasonable accommodation, the approving authority shall make the following findings:

      1.   The subject site of the request for reasonable accommodation will be used for an individual protected under the fair housing act.

      2.   The request for reasonable accommodation is necessary to make specific housing available to an individual protected under the fair housing act.

      3.   The requested reasonable accommodation does not impose an undue financial or administrative burden on the city and does not fundamentally alter city zoning, development standards, policies, or procedures.

      4.   The requested accommodation will not result in a fundamental alteration in the nature of the city's zoning, as "fundamental alteration" is defined in fair housing laws and interpretive case law.

      5.   The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or physical damage to neighboring property. (Ord. 2013-05, 2-6-2014)

9-2B-7: SIMILAR USE DETERMINATION:

   A.   Purpose And Applicability: All possible land uses may not be listed within the provisions of this title, and new uses may evolve over time. When a particular use is not specifically listed in this zoning code the planning director determines that an official interpretation is needed. The provisions established in this section allow the approving authority, by formal action, to determine whether or not a proposed use is similar to a permitted or conditionally permitted use and whether such proposed use may be permitted in a particular zoning district.

   B.   Approving Authority: The planning director shall be the designated approving authority for similar use determinations.

   C.   Public Hearing And Notice: The issuance of a similar use determination is an administrative function of the planning director, and no public hearing or notice is required.

   D.   Approval Findings: In determining "substantial similarity", the approving authority shall make all of the following findings:

      1.   The characteristics of and activities associated with the proposed use are equivalent to one or more of the listed uses and will not involve a higher level of activity or population density than the uses listed in the zoning district (e.g., traffic, hours of operation, intensity of use, population density);

      2.   The proposed use will be consistent with the purposes of the applicable zoning district; and

      3.   The proposed use will be consistent with the general plan, any applicable specific plan, and this zoning code.

   E.   Documentation Of Determinations: Determinations shall be made in writing and shall contain the facts that support the determination.

   F.   Keeping Of Similar Use Determinations: The planning director shall maintain a complete record of all similar use determinations available for public review. (Ord. 2013-05, 2-6-2014)

9-2B-8: OFFICIAL ZONING INTERPRETATION:

   A.   Applicability And Authority To Prepare: Whenever the planning director determines that an ambiguity in a zoning regulation exists that requires a formal decision to serve as precedent, or a formal request for an interpretation is made by an applicant, property owner, or interested party to the planning director, an official zoning interpretation shall be prepared as described herein.

   B.   Official Zoning Interpretation Defined; Threshold For Preparation Of Official Zoning Interpretation: An "official zoning interpretation" is a recorded decision on the meaning and/or application of the development standards, allowed use regulations, or other standards contained within this title.

   C.   Content Of Official Zoning Interpretation: Official zoning interpretations shall be prepared by the planning director, in writing, and shall cite the provisions being interpreted, together with any explanation of the meaning or applicability of the provision(s) in the particular or general circumstances that caused the need for the interpretation.

   D.   Procedure For Interpretations: Official zoning interpretations shall be prepared as follows:

      1.   Action By The Planning Director: The planning director shall prepare an official zoning interpretation within ten (10) days from the date of request. A copy of the official zoning interpretation shall be provided to the city manager, city attorney, city council, and to the applicant, property owner, or interested party requesting the interpretation.

      2.   Referral To The Planning Commission: The planning director may, in his or her sole discretion, refer a request for an official zoning interpretation to the planning commission for review and interpretation.

   E.   Keeping Of Official Zoning Interpretations: The planning director shall maintain a complete record of all official interpretations available for public review, indexed by the chapter number of this title that is the subject of the interpretation.

   F.   Codification Of Official Zoning Interpretations: To the extent practical, official zoning interpretations shall be incorporated into this title by amendment as soon as is practical. (Ord. 2013-05, 2-6-2014)

9-2B-9: HOME OCCUPATION PERMIT:

   A.   Purpose: The purpose of the home occupation permit is to provide a process for the review and permitting of home occupations prior to their establishment.

   B.   Applicability: All home occupations as described in chapter 4, "Land Uses", of this title shall obtain a home occupation permit prior to the issuance of a business license and the establishment of the home occupation. There are two (2) types of home occupation permits as follows:

      1.   Minor Home Occupation Permit: A minor home occupation permit is a ministerial approval that is conducted to ensure home occupations are conducted consistent with the development standards of section 9-4D-5, "Home Occupations", of this title.

      2.   Major Home Occupation Permit: A major home occupation permit is intended for the review and discretionary approval of those home occupations that may generate more vehicular and pedestrian traffic than a typical residential use and thereby have the potential to adversely impact the surrounding residential neighborhood. (Ord. 2013-05, 2-6-2014)

   C.   Approval Authority: The designated approving authority for minor home occupation permits shall be the planning director. The designated approving authority for major home occupation permits shall be the planning commission. (Ord. 2014-06, 10-21-2014)

   D.   Public Notification: The public notification of an application for a home occupation permit shall be made as follows:

      1.   Minor Home Occupation Permit: Minor home occupation permits are ministerial in nature. No public notification shall be required.

      2.   Major Home Occupation Permit: Public hearing and notice are required for a major home occupation permit pursuant to section 9-2A-6, "Public Notice, Hearings, And Decisions", of this chapter.

   E.   Approval Findings: A home occupation permit shall be granted only when the designated approving authority determines that the proposed home occupation complies with all of the following findings:

      1.   The proposed home occupation is consistent with the general plan, any applicable specific plan, and all applicable provisions of this title (e.g., section 9-4D-5 of this title); and

      2.   The establishment, maintenance, or operation of the home occupation applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of such use or to the general welfare of the city.

   F.   Postapproval Implementation: Requirements for implementation of an approved home occupation permit shall be provided as follows:

      1.   Minor Home Occupation Permit: A minor home occupation permit is ministerial in nature. As such, the planning director may not impose conditions on the issuance of the permit. However, the applicant may be provided with a list of items necessary for compliance and conformance with this title and the general plan.

      2.   Major Home Occupation Permit: The designated approving authority may impose conditions and/or require guarantees in order to ensure compliance with this title and to prevent adverse or detrimental impact to the surrounding neighborhood. (Ord. 2013-05, 2-6-2014)

   G.   Appeals: The decision of the minor or major home occupation permit may be appealed to the city council. A public hearing and notice is required for an appeal pursuant to section 9-2A-6, "Public Notice, Hearings, And Decisions", of this chapter. If the permit was denied for not meeting the performance standards in subsection 9-4D-5E of this title, the city council may approve the permit with alternative performance standards if the following findings are made:

      1.   There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of the required performance standards for this home occupation permit is not necessary to preserve the residential nature of the neighborhood;

      2.   Alternative performance standards that protect and preserve the residential nature of the neighborhood have been included as conditions of approval;

      3.   Granting the home occupation will not adversely affect the interest of the public or the interest of residents and property owners in the vicinity of the premises in question; and

      4.   The home occupation permit is consistent with the general plan, any applicable specific plan or development agreement, and the intent of this title. (Ord. 2014-06, 10-21-2014)