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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)
A. Purpose. The purpose of Administrative Design Review is to provide an efficient process for promoting the orderly and harmonious growth of the city, to encourage development in keeping with the desired character of the city, and to ensure physical and functional compatibility between uses. Administrative design review is intended to provide a process for consideration of minor development proposals to ensure that additions and alterations to the design and layout of existing development will constitute suitable development and will not result in a detriment to the city or to the environment.
B. Applicability. Administrative design review is required for all structural additions to single family, multi-family and non-residential structures. Additions for multi-family and non- residential structures that are five hundred (500) square feet or larger require comprehensive design review. Furthermore, all new single family homes shall require comprehensive design review. Issues related to fire and public works compliance are addressed during the plan check process. Issues related to Building Code compliance are addressed at time of building permit issuance.
C. Approving Authority. The designated approving authority for administrative design review is the Community Development Director. Administrative design review approval is required prior to issuance of any building permits or site improvement plans.
D. Application Contents. The application for an administrative design review shall be on a form prepared as prescribed by the Community Development Director.
E. Procedure. The procedures for administrative design review shall be as provided in Chapter 17.10 (General Application Processing Procedures) except as provided below:
1. No public hearing shall be required unless required below.
2. The city shall provide mailed notice pursuant to Section 17.10.050B.2. that the city is considering an application for administrative design review. In addition to the content required under Section 17.10.050B., the mailed notice shall advise persons that plans for the project are available for public review at City Hall and that the application will be decided unless a written request for hearing is received by the City Community Development Department on or before a date specified in the notice, which shall be at least ten (10) working days after the date of mailing.
3. If no timely written request for hearing is filed, the application shall be administratively approved by the Community Development Director if it is deemed to be consistent with the provisions of this title.
4. If a timely written request for hearing is filed, the application shall no longer be administratively processed and shall instead be processed in accordance with the procedures for comprehensive design review.
5. The Community Development Director may elevate any project to the comprehensive design review process if in the opinion of the Community Development Director, such project, because of location, size, design, or other aspect of the project, warrants a hearing before the Planning Commission.
F. Approval Findings. The approving authority shall make the following findings to approve or conditionally approve an administrative design review application:
1. Compliance with the general plan and any applicable specific plans.
2. Compliance with applicable provisions of the Zoning Code.
3. Compatibility with the surrounding neighborhood.
4. Qualifying single-family residential, multi-family residential, and residential mixed-use projects shall comply with all relevant standards and guidelines in the city's currently adopted design guidelines for residential development.
G. Appeals. Appeal of the approving authority's action on the request for administrative design review permit shall be made in accordance with the procedures specified in Section 17.10.070 (Appeals).
H. Expiration. All approved administrative design review permits are subject to the provisions set forth in Section 17.10.120 (Revocation).
(Ord. 2020-01, § 2, 2020: Ord. 2012-07 § 2, 2012: Ord. 2010-02 § 1 (part), 2010)
A. Purpose. Sign permits provide a mechanism for administrative review and determinations to ensure that new or replacement signs are consistent with the general plan and provisions of the Zoning Code, including a previously approved sign program.
B. Applicability. A sign permit shall be required for all permanent signs, as defined by this title, as follows. Where a sign is proposed, no building permit may be issued until a sign permit has first been approved and issued.
1. Prior to the establishment or erection of a new sign or the replacement, alteration, or relocation of an existing permanent sign, as specified in Section 17.52.030 (Permit Requirements and Review Procedures).
2. Signs where use permit or variance approval have already been given to a particular business use and a new or existing owner of that business use wants to change a sign face but still be in conformance with the location, size, shape, and height of the original permit.
3. Signs proposed for locations where a sign program has been previously approved by an approving authority.
C. Approving Authority. The designated approving authority for a sign permit is the Community Development Director. The Community Development Director approves, conditionally approves, or denies sign permits in accordance with the requirements of this title.
D. Application Contents. The application for a sign permit shall be on a form prepared as prescribed by the Community Development Director and shall be accompanied by the information required by such form. The information shall include, but is not limited to, the following:
1. The name, address, contact information, and signature of the applicant, as well as the name, address, and contact information for the contractor or installer and property owner. If the applicant is someone other than the sign owner, then the sign owner's signature is also required on the application form.
2. Proof of consent of the property owner or other person(s) having the immediate right to possession and control of the property.
3. All required materials for issuance of a building permit.
4. Location, size, colors, shape, type of illumination, copy design, and manner of installation of the proposed sign and affected building elevation or the frontage of the premises. Information shall also disclose all existing signs on the premises, including exempt signs, giving the size and location of each.
5. Such other information on site or environmental conditions as the Community Development Director may reasonably request to determine that the proposed sign is in full compliance with the provisions of this title, the Municipal Code, and other applicable law. The message proposed to be displayed on the sign is not required but may be shown at the option of the applicant.
E. Procedures. The procedures for sign permit shall be as provided in Chapter 17.10 (General Application Processing Procedures) except as provided below:
1. Multiple sign applications. When an application proposes two (2) or more signs on the same property and/or as part of the same tenant, the applications may be granted in whole or in part, with separate decisions as to each proposed sign. When an application is denied in whole or in part, a written notice shall specify the ground(s) for such denial.
2. Public Hearing. The city shall provide notice and a public hearing for continuation of the approval, modification, revocation or appeal for an application for a sign permit, or an equivalent development permit, in accordance with Section 17.10.050.
3. Revocation or cancellation. The Community Development Director shall revoke any approval or permit upon refusal by the permit holder to comply with the provisions of the permit after written notice of noncompliance and at least thirty (30) days opportunity to correct. The opportunity to correct does not apply in the event that the sign, by nature of its physical condition, poses an imminent or significant threat to public safety.
4. Timing. An application for a sign permit for a permanent sign shall be submitted to the Community Development Director at the time the building permit application is submitted.
5. Appeals. Appeal of the approving authority's action on the request for a sign permit shall be made in accordance with the procedures specified in Section 17.10.070 (Appeals).
F. Approval Findings. The approving authority may approve a sign permit when the sign permit application and the sign itself complies with the standards and requirements of this title. A sign permit application may be approved subject to conditions, so long as those conditions are not in conflict with this title or some other applicable law, rule, or regulation. Permits which do not clearly meet such requirements shall be referred to the Planning Commission.
G. Appeals. Appeal of the approving authority's action on the request for a sign permit shall be made in accordance with the procedures specified in Section 17.10.070 (Appeals).
H. Expiration. All approved sign 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)
A. Purpose. The purpose of a creative sign program is to provide a process for property owners and businesses to propose special deviations from the regulations for on-site permanent signs provided in this title under certain limited circumstances. The creative sign program also provides a process for the city to review special signage types prior to issuance of a sign permit. The intent of the creative sign program is to:
1. Encourage signs of unique design that exhibit a high degree of imagination, inventiveness, spirit, and thoughtfulness; and
2. Provide a process for the application of sign regulations in ways that will allow creatively designed signs that make a positive visual contribution to the overall image of the city, while mitigating the impacts of large or unusually designed signs.
B. Applicability. An applicant may request approval of a creative sign program in order to allow a sign that may require standards that differ from the signage provisions of this title, but comply with the purpose and findings for a creative sign program. Establishments that are eligible for creative sign programs include any commercial, office, or industrial use in the city.
C. Approving Authority. The Community Development Director shall be the designated approving authority for creative sign programs.
D. Application Contents. The application for creative sign program shall be made on a form as prescribed by the Community Development Director and shall be accompanied by the information identified on the form. The information shall include the following:
1. The name, address, contact information, and signature of the applicant, as well as the name, address, and contact information for the contractor or installer and property owner. If the applicant is someone other than the sign owner, then the sign owner's signature is also required on the application form.
2. Proof of consent of the property owner or other person(s) having the immediate right to possession and control of the property.
3. Preliminary information indicating how the sign will be constructed and/or mounted to a building or structure.
4. Location, size, structure, and other descriptive information required by the Community Development Director.
5. Such other on site or environmental conditions as the Community Development Director may reasonably request to determine that the proposed application is in full compliance with the provisions of this title, the city municipal code, and other applicable law. The message proposed to be displayed on the sign is not required but may be shown at the option of the applicant.
E. Procedures. The procedures for creative sign program shall be as provided in Chapter 17.10 (General Application Processing Procedures) except as provided below:
1. Multiple signs. One (1) creative sign program may be submitted for multiple signs, provided all signs are on the same property or contiguous parcels within the same zoning district and/or as part of the same tenant. In such instances, the application may be granted in whole or in part, with separate decisions as to each proposed sign. When an application is denied in whole or in part, a written notice or the action shall be provided to the applicant and shall specify the ground(s) for such denial.
2. Public hearing. No public hearing shall be required for a creative sign program, except as set forth below:
a. Notice of the filing of an application for a creative sign program shall be mailed to persons owning property within three hundred (300) feet of the project site and posted on the property where the sign or signs are proposed to be located. The mailed notice of application shall advise persons that plans for the project are available for public review at City Hall. The notice shall also indicate that the approving authority will take final action on the application unless a written request for hearing is received by the Community Development Director on or before the date specified in the notice, which shall be at least ten (10) working days from the date of mailing.
b. If no timely written request for hearing is filed, the application shall be decided by the designated approving authority.
c. If a timely written request for hearing is filed, the application shall no longer be administratively processed and shall instead be decided at a public hearing of the Planning Commission.
d. Notwithstanding the foregoing, the approving authority may elevate any project to a Planning Commission decision if, in the opinion of the approving authority, such project is not in substantial conformance with the intent of the creative sign permit or if the approving authority determines that the location, size, or design of the project warrants a hearing before the Planning Commission.
3. Revocation or cancellation. The Community Development Director shall revoke any creative sign program upon refusal by the permit holder to comply with the provisions of the creative sign program after written notice of noncompliance and at least thirty (30) days opportunity to correct. In the event that the sign, by nature of its physical condition, poses an imminent or significant threat to public safety, the Community Development Director shall revoke the creative sign program and order immediate correction of the safety hazard.
4. Timing. An application for a creative sign program shall be submitted to the Community Development Director prior to submittal of an application for a sign permit.
F. Deviations. The following types of deviations from the signage standards of this title may be requested by the applicant for a creative sign program and may, upon written findings, be approved by the approving authority:
1. Increases in maximum allowed area for permanent signs on the subject site;
2. Allowances for types of lighting not otherwise permitted by this title;
3. Allowances for types of signs not specifically permitted by this title; and
4. Allowances for signs to exceed the maximum height requirement(s).
G. Criteria for Deviations. In approving an application for a creative sign permit and any deviations from the signage standards of this title, the designated approving authority shall ensure that the proposed sign meets the following criteria:
1. Design quality. The sign shall:
a. Have a positive visual impact on the surrounding area;
b. Be of unique design and exhibit a high degree of imagination, inventiveness, spirit, and thoughtfulness; and
c. Provide strong graphic character through the imaginative use of color, graphics, proportion, quality materials, scale, and texture.
d. Complement and enhance architectural elements.
2. Contextual criteria. The sign shall contain at least one (1) of the following elements:
a. Creative image reflecting current or historic character of the city; or
b. Inventive representation of the logo, name, or use of the structure or business.
3. Architectural criteria. The sign shall:
a. Utilize or enhance the architectural elements of the building; and
b. Be placed in a logical location in relation to the overall composition of the building's facade and not cover any key architectural features and details of the facade.
4. Impacts on surrounding uses. The sign shall be located and designed so as not to cause light and glare impacts on surrounding uses, especially residential uses.
H. Approval Findings. A creative sign program shall be granted only when the designated approving authority makes all of the following findings:
1. The proposed creative sign permit is consistent with the objectives of the general plan;
2. The proposed signage is consistent with the purposes of the creative sign program; and
3. The proposed deviations from the signage standards of this section are consistent with the deviations allowed and the considerations and basis for deviations listed in this section.
I. Appeal. Appeal of the approving authority's action on the request for a creative sign program shall be made in accordance with the procedures specified in Section 17.10.070 (Appeals).
J. Expiration. All approved creative sign programs 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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