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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)
A. Purpose. Administrative Use permits provide a mechanism for administrative review and approval of uses and activities to ensure compatibility with the project site and surrounding uses. The administrative use permit allows expedited review for situations that do not warrant consideration for a conditional use permit due to minimal impacts and effects on surrounding uses.
B. Applicability. Administrative use permit (AUP) is required for all uses specifically identified as requiring an administrative use permit in Chapter 17.20 (Allowed Land Uses and Requirements) or as otherwise listed in this title.
C. Approving Authority. The Community Development Director shall be the designated approving authority for administrative use permits.
D. Application Contents. The application for an administrative use permit shall be on a form prepared as prescribed by the Community Development Director.
E. Public Hearing/Notice. Administrative use permits shall all be considered at a public hearing with notice pursuant to Section 17.10.050 (Public Hearing and Public Notice).
F. Approval Findings. Whenever authorized by ordinance, the approving authority may issue an administrative use permit when he or she finds as follows:
1. The proposed use is consistent with the general plan and the provisions of this title; and
2. All applicable conditions prescribed by ordinance or City Council resolution have been satisfied.
G. Conditions of Approval. Whenever any administrative use permit is granted, the designated approving authority may impose such conditions as may be necessary to safeguard the public safety and the intent of this title.
H. Notification.
1. Notice of the decision. The decision of the approving authority shall be mailed to the applicant within five (5) working days.
2. Notification to Planning Commission. After approving an application for an administrative use permit, the approving authority shall advise the Planning Commission of his or her decision at their next regular meeting.
I. Appeals. Appeal of the approving authority's action on the request for an administrative use permit shall be made in accordance with the procedures specified in Section 17.10.070 (Appeals).
J. Expiration. All approved administrative use permits are subject to the provisions set forth in Section 17.10.100 (Permit Time Limits, Extensions, and Expirations). (Ord. 2010-02 § 1 (part), 2010)
A. Purpose. The purpose of a temporary use permits (TUP) is to provide a mechanism for administrative review and determinations for proposed short-term activities and to ensure that entitlements are consistent with the general plan and provisions of the Zoning Code.
B. Applicability. Temporary use permits (TUP) are required for short-term activities listed in Chapter 17.74 (Temporary Uses).
C. Approving Authority. The Community Development Director shall be the designated approving authority for temporary use permits.
D. Application Contents. The application for a temporary use permit shall be on a form prepared as prescribed by the Community Development Director.
E. Public Hearing/Notice. No public hearing is required for a temporary use permit.
F. Approval Findings. The approving authority shall make the following findings to approve or conditionally approve a temporary use permit application:
1. The proposed use is a temporary use and will be limited to a specific duration of time, as established in the temporary use permit.
2. The establishment, maintenance, or operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity of the proposed use.
3. The use, as described and conditionally approved, will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.
4. The use, as described and conditionally approved, will not function or be located in a manner that restricts access to any required parking spaces.
5. Approved measures for the removal of the use and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Zoning Code.
6. The approval includes provisions to ensure that each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used in compliance with the provisions of this Zoning Code. The approving authority may require appropriate security before initiation of the use to ensure proper cleanup after the use is terminated.
7. The proposed temporary use is consistent with the general plan, applicable specific plans and the provisions of this title.
G. Conditions of Approval. In approving a temporary use permit, the approving authority may impose conditions (e.g., buffers, hours of operation, landscaping and maintenance, lighting, off-site improvements, parking, performance guarantees, property maintenance, signs, surfacing, time limits, traffic circulation) deemed reasonable and necessary to ensure that the approval would be in compliance with the required findings.
H. Appeals. Appeal of the approving authority's action on the request for a temporary use permit shall be made in accordance with the procedures specified in Section 17.10.070 (Appeals).
I. Expiration. All approved temporary use permits 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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