Sections:
17.12.010 Purpose.
17.12.020 Applicability.
17.12.030 Plan check.
17.12.040 Similar use determination.
17.12.050 Reasonable accommodation.
17.12.060 Administrative use permit.
17.12.070 Temporary use permit.
17.12.080 Administrative design review.
17.12.090 Sign permit.
17.12.100 Creative sign program.
17.12.110 Sign program.
17.12.120 Minor deviations.
17.12.130 Variance.
17.12.140 Conditional use permit.
17.12.150 Comprehensive design review.
17.12.160 Development agreements.
17.12.170 Specific plans.
17.12.180 Prezoning.
17.12.190 Zoning Code (text and map) amendment.
17.12.200 General plan amendment.
17.12.210 Small cell attachment permit.
Each permit and entitlement type is described in this chapter in terms of purpose and applicability, approving authority, and unique processing provisions. Exemptions to permit requirements are listed throughout this title. General processing procedures are established in Chapter 17.10 (General Application Processing Procedures). Provisions for tentative maps, parcel maps, and final maps are identified in Title 16 of this Municipal Code. (Ord. 2010-02 § 1 (part), 2010)
A. Purpose. The purpose of the plan check is to ensure that all new and modified uses and structures comply with applicable provisions of this title, using simple administrative plan check procedures.
B. Applicability. Plan check is required for the following actions:
1. All structures that require a building permit;
2. All planning entitlement and permit approvals to ensure compliance with applicable conditions of approval; and
3. Other city applications that may be subject to the provisions of this title, including, but not limited to, tree removal, business license, encroachment, and grading and improvement plans.
C. Approving Authority and Procedure. The Community Development Director shall be the designated approving authority for plan check.
D. Application Contents. No separate application form is necessary for plan check. This process will be conducted by the Community Development Director as part of the building permit or other city application review.
E. Public Hearing/Notice. Public hearing is not required for plan check.
F. Approval Findings. Plan check clearance shall be granted only when the Community Development Director finds the proposal to be in conformance with all applicable provisions of this title. Any permit or application listed in division A. shall not be issued without approval of plan check.
G. Appeals. Any appeal of the decision for a plan check shall be pursuant to Section 17.10.070 (Appeals).
H. Expiration. All approved plan checks are subject to the provisions set forth in Section 17.10.100 (Revocation Permit Time Limits, Extensions, and Expirations). (Ord. 2010-02 § 1 (part), 2010)
A. Purpose and Applicability. All possible 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 and it is unclear whether the use is permitted, the provisions established in this chapter 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 Community Development Director shall be the designated approving authority for similar use determinations.
C. Application Contents. The application for a similar use determination shall be on a form prepared as prescribed by the Community Development Director.
D. Public Hearing/Notice. Public hearing is not required for a similar use determination.
E. 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 (1) 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;
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 the zoning code.
F. Notification of Determinations. Determinations shall be made in writing and shall contain the facts that support the determination. The city shall maintain all such determinations on record for review by the general public upon request. The decision shall be provided, in writing, to the applicant and interested parties. The notice shall include:
1. A brief statement explaining the criteria and standards considered relevant to the decision;
2. A statement of the standards and facts relied upon in rendering the decision; and
3. Statement of appeal rights and appeal deadlines.
G. Appeals. Any appeal of the decision for a similar use determination shall be pursuant to Section 17.10.070 (Appeals).
H. Expiration. All approved similar use determinations are subject to the provisions set forth in Section 17.10.100 (Revocation Permit Time Limits, Extensions, and Expirations). (Ord. 2010-02 § 1 (part), 2010)
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 land use, zoning, or rules, policies, practices, and/or procedures of the city. 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. Applicability.
1. In order to make specific housing available to an individual with a disability, a disabled person or representative may request reasonable accommodation relating to the various land use, zoning, or rules, policies, practices, and/or procedures of the city.
2. If an individual needs assistance in making the request for reasonable accommodation or appealing a determination regarding reasonable accommodation, the Community Development Director will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant or representative.
3. A request for reasonable accommodation with regard to city regulations, rules, policies, practices, and/or procedures may be filed on an application form provided by the Community Development Director at the time that the accommodation may be necessary to ensure equal access to housing.
C. Approving Authority. The Community Development Director shall be the designated approving authority for reasonable accommodation.
D. Application Contents. The applicant shall provide the following information when requesting reasonable accommodation:
1. A completed city application indicating, among other things, the applicant name, address, and telephone number;
2. Address of the property for which the request is being made;
3. The current actual use of the property;
4. The Zoning Code provision, regulation, or policy from which reasonable accommodation is being requested;
5. The basis for the claim that the person(s) for whom the reasonable accommodation is sought is/are considered disabled under the Fair Housing Act and why the accommodation is reasonably necessary to make specific housing available to the person(s); and
6. Such other relevant information as may be requested by the Community Development Director.
E. Procedure.
1. When a request for reasonable accommodation is filed with the Community Development Director, it will be reviewed and considered as a ministerial action unless determined otherwise by the Community Development Director. A request for reasonable accommodation shall be considered ministerial in nature when it is related to a physical improvement that cannot be constructed to conform to the city's setbacks or design standards. Typical improvements considered to be “ministerial” in nature would include ramps, walls, handrails, or other physical improvements necessary to accommodate a person's disability. The Community Development Director shall issue a written determination of his or her action within thirty (30) 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 conditions(s); or
c. Determine that the request for reasonable accommodation is non-ministerial in nature and forward the request to the Planning Commission for consideration at a noticed public hearing. The Planning Commission may grant or deny the request, or grant subject to specified nondiscriminatory conditions. Any approval shall be subject to the findings stated in Subsection 17.12.050.F (Approval Findings).
2. All written determinations of actions of the Community Development Director shall give notice of the right to appeal and the right to request reasonable accommodation on the appeals process (e.g., requesting that city staff attempt to schedule an appeal hearing as soon as legally and practically possible), if necessary. The notice of action shall be sent to the applicant by mail.
3. If necessary to reach a determination or action on the request for reasonable accommodation, the Community Development 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 thirty (30)-day period to issue a written determination shall be stayed until the applicant fully and sufficiently responds to the request.
F. Approval Findings. In making a determination regarding the reasonableness of a requested accommodation, the approving authority must make all of the following findings:
1. The housing which is the subject 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.
G. Appeals. Appeal of the approving authority's action on the request for reasonable accommodation shall be made in accordance with the procedures specified in Section 17.10.070 (Appeals).
H. Expiration. All approved reasonable accommodations are subject to the provisions set forth in Section 17.10.100 (Revocation Permit Time Limits, Extensions, and Expirations). (Ord. 2010-02 § 1 (part), 2010)
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