A. Purpose.
The purpose of this chapter is to consolidate all applications of
land use actions in the City, to provide an outline of the procedures
for making these applications and the procedures by which the appropriate
hearing body receives the appropriate applications. This chapter also
consolidates the procedures that appeals of decisions made by the
hearing body are to follow.
B. Interpretation.
The Department Director shall have the responsibility and authority
to interpret the meaning and applicability of all provisions and requirements
of this title. In interpreting and applying the provisions of this
title, the development standards shall be held to be the minimum requirement
for the promotion of the public health, safety, comfort, convenience
and general welfare. It is not the intent of this title to interfere
with or abrogate or annul any easement, covenant or other agreement
between parties. When this title imposes a greater restriction upon
the use of buildings or land or upon the height of buildings, or requires
larger open spaces than are required by other ordinances, rules, regulations,
by easements, covenants, or agreements, the provisions of this title
shall control.
C. Form
of Application Blanks, Type of Required Information.
1. The
City Manager or designee may prepare application forms and provide
blanks for such purposes and may prescribe the type of information
to be provided in the application by the applicant pursuant to direction
from the hearing body.
2. No
application shall be accepted unless it is completed as prescribed.
D. Fees Required. All applications described in Section
9.32.030 shall require fees paid in accordance with a resolution adopted by the City Council.
1. A
copy of the resolution and information may be obtained from the office
of the City Clerk.
2. The
City Council, or any member thereof, may appeal any decision of the
Planning Commission or the Zoning Administrator. If an appeal is filed
by the council or any member thereof, the appeal fee shall be waived.
3. Planning actions listed in Section
9.32.030 shall not be construed to exclude any other planning action.
E. Limitation
of Refiling of Applications. A final action denying an application
for a land use action shall prohibit the further filing of the same
type application on a property until not less than one year shall
have elapsed from the date of denial of any application.
F. Development
Agreement. The City shall be empowered to enter into a binding development
agreement with a developer in the instance that the developer has
a legal and equitable interest in real property for which it has submitted
a plan to develop such property. The City shall adopt rules and regulations
establishing procedures and requirements for implementing and approving
such development agreements and shall require any developer to pay
a development impact mitigation payment in accordance with a resolution
adopted by the City Council.
G. Environmental Review. All applications for land use actions to be submitted for review and approval by the City Council, the Planning Commission or the Zoning Administrator, shall be reviewed upon their submittal in accordance with the provisions of the California Environmental Quality Act (CEQA) (
Public Resources Code Sections 21000 et seq.;
California Code of Regulations, Title
14, Sections 15000 et seq.).
H. Design
Guidelines. The hearing body shall review from time to time development
standard guidelines pertaining, but not limited to, the following
categories: site planning, architecture, landscape architecture, parking
design, signage and other special items. The hearing body shall approve
or deny all such design guideline standards by resolution.
(2758 § 2, 2009; 2939 § 3, 2022)
A. The
Planning Commission, Zoning Administrator, and Department Director/City
Manager or designee are empowered to make the final decision on all
land use actions, as described in this section, except for the following
actions that shall be transmitted to the City Council, along with
the hearing body recommendation, for final action:
3. Planned
unit developments;
B. The Threshold of Review Table below identifies the full range of land use permit options and applicable final review authority, except that where a land use action also requires approval of an action by the City Council, the City Council shall be the final review authority for such land use action, and the Planning Commission shall transmit a recommendation to the City Council. The following provisions specify the applicability of the land use actions listed on the Threshold of Review Table and list the required findings for each. Notwithstanding the following provisions, the findings required for approval of a site plan, conditional use permit, or other quasi-judicial land use permit for a housing development project, as defined in subsection (h)(2) of Section 65589.5 the
Government Code, shall be as specified in Chapter
9.60.
Threshold of Review
|
---|
Type of Application
|
Hearing Body
|
---|
Director
|
Zoning Administrator
|
Planning Commission
|
City Council
|
---|
General Plan Amendments
|
|
|
I
|
X
|
Ordinance Amendments
|
|
|
I
|
X
|
Zone Change
|
|
|
*I
|
X
|
Specific Plans
|
|
|
I
|
X*
|
Planned Unit Developments
|
|
|
I
|
X
|
Site Plan
|
|
*
|
X
|
|
Conditional Use Permits
|
|
X
|
A
|
|
Variances/ Waivers
|
|
X
|
A
|
|
Tract Maps
|
|
|
X
|
|
Parcel Maps
|
|
|
X
|
|
Lot Line Adjustments
|
|
X
|
A
|
|
Interpretation of Use
|
|
X
|
A
|
|
Home Occupations Permits
|
|
X
|
A
|
|
Temporary Event Permits
|
X
|
|
A
|
|
Special Events Permits
|
X
|
|
A
|
|
Modifications to Approved Plans
|
|
X
|
X
|
|
Time Extensions
|
|
X
|
X
|
|
Revocations
|
|
X
|
X
|
|
Code Enforcement—Abandoned Vehicles
|
|
X
|
A
|
|
Extensions of Time for Nonconforming Uses
|
|
|
X
|
|
City Manager or Designee Review
|
X
|
|
A
|
A
|
Reasonable Accommodation Request
|
X
|
|
|
A
|
I
|
=
|
Initial review recommendation A = Appeal body
|
X
|
=
|
Final hearing body
|
*
|
=
|
Alternate hearing body
|
*I
|
=
|
Denial of zone change by Planning Commission is final unless
appealed. Approval by Planning Commission is recommendation for final
action by City Council.
|
All decisions of the Planning Commission are appealable
to the City Council.
C. The
procedures for the following land use approval actions are contained
in separate sections of the zoning code, as noted:
Land Use Action
|
See
|
---|
Specific Plans
|
Specific Plans—Separate Documents
|
Planned Unit Development
|
|
Tract Maps
|
|
Parcel Maps
|
|
Lot Line Adjustments
|
|
Home Occupation Permit
|
|
Cottage Food Operation Permit
|
Chs. 9.08, 9.12, and 9.18—Special Operating Conditions and Development Standards
|
Temporary Event Permit
|
|
Special Events Permit
|
|
Floodplain Variance
|
|
Accessory Dwelling Units and Junior Accessory Dwelling Units
|
|
SB 9 Two-Unit Residential Developments and Urban Lot Splits
|
|
Supportive Housing for the Homeless and Low-Barrier Navigation
Centers
|
|
D. Land
Use Action Procedures.
1. General
Plan Amendment/Code Amendment.
a. Applicability.
i. An amendment to any element of the City's General Plan or zoning
code may be initiated by the City Council, the Planning Commission
or the City Manager.
ii. If the following findings are met, a citizen may request an amendment
to any element of the City's General Plan or zoning code, and shall
pay an amount equal to the estimated cost of preparing the amendment.
b. Required Findings. All the following findings must be made in the
affirmative by the hearing body in order for this application to be
approved:
i. That the amendment is internally consistent with the goals, objectives
and elements of the City's general plan;
ii. That the amendment is deemed to promote the public interest, health,
safety and welfare;
iii. That in the case of an amendment to the general plan land use map
or the zoning map, the subject parcel(s) is physically suitable for
the requested land use designation(s), compatible with surrounding
land uses, and consistent with the general plan.
c. The hearing body shall deny the application where the information
submitted by the applicant and/or presented at the public hearing
fails to substantiate such findings to the satisfaction of the hearing
body.
d. General plan and zoning code amendments are also subject to the "no net loss" provisions of
Government Code Sections 66300 and 65863, and, if applicable, the no net loss findings described in Section
9.60.030 shall be made prior to or concurrently with approval of the proposed amendment.
2. Zone
Change.
a. Applicability.
i. A change of zoning classification for any parcel(s) of land in the
City may be initiated by the City Council, the Planning Commission
or the City Manager.
ii. An owner of a parcel of land in the City or the owner's designee
may request a change of zoning classification for that (those) property(ies)
by filing the proper application and paying all applicable fees.
iii. A change of zoning classification shall be initiated by the City
for any parcel(s) that is found to be inconsistent with the land use
designation for the property as designated in the General Plan—land
use map.
b. Required Findings.
i. That the proposed zone change is consistent with the City's general
plan;
ii. That the proposed zone change will ensure a degree of compatibility
with surrounding properties and uses.
c. A change of zoning classification is also subject to the "no net loss" provisions of
Government Code Sections 66300 and 65863, and, if applicable, the findings required pursuant to Section
9.60.030 shall also be made prior to or concurrently with approval of the proposed change of zoning classification for any parcel.
3. Site
Plan.
a. Applicability. Except as otherwise provided by state law or another
provision of this title, a site plan application shall be required
prior to the issuance of a building permit for:
i. Residential and Open Space Zones. Any building or structure to be
constructed in a residential or open space zone or expansion of any
of the following uses:
(A) Single-family subdivision;
(B) New limited multiple-family residential units or additions to existing
limited multiple units; and
(C) New multiple-family residential units or additions to existing multiple
units.
(D) Exceptions:
(1)
An addition to a single-family residence, including the construction
of new accessory structures;
(2)
An addition to a duplex or triplex, that meets the current setback
requirements, is less than 50% of the original living area, and does
not create additional units. Any such additions shall be subject to
a City Manager or designee review;
(3)
The development of three or fewer contiguous, residentially-zoned,
unimproved legal lots with single-family dwellings; and
(4)
The construction of a duplex or triplex that complies with all
the development standards of the municipal code, and does not require
approval of any discretionary action, which shall be subject to a
director's review.
ii. All Other Zones. Any new building or structure, or any addition to
an existing structure or building that exceeds 10% of the existing
floor area, or 1,000 square feet, whichever is less.
(A)
Exception: Unless the following exceed 10% of the floor area
of an existing structure or 1,000 square feet, whichever is less,
a site plan shall not be required for the addition of mechanical equipment
or any accessory structure(s) necessary for the safe operation of
a facility, including, but not limited to:
(1)
Roof-mounted air conditioning units;
(2)
Freezer/cold storage units;
(7)
Incidental storage sheds.
iii. All Zones. Conversion of a single-family home to any other use.
iv. Specific Plan Zones. See individual specific plan requirements.
b. Required Findings. For any project other than a housing development
project, as defined in subsection (h)(2) of Section 65589.5 of the
Government Code, the hearing body shall approve an application for
a site plan when the information submitted by the applicant and/or
presented at public hearing substantiates the following findings:
i. That the submitted site plan complies with the spirit and intent
of the provisions, conditions and requirements of the general plan
and this title, and that other applicable ordinances and policies
of the City are complied with;
ii. That the proposed development does not adversely affect essential
on-site facilities, such as off-street parking, loading and unloading
areas, traffic circulation and points of vehicular and pedestrian
access;
iii. That the proposed development does not adversely affect essential
public facilities, such as streets and alleys, utilities and drainage
channels;
iv. That the proposed development will not adversely impact the City's
ability to perform its required public works functions;
v. That the proposed development will be compatible with the physical,
functional and visual quality of the neighboring uses and desirable
neighborhood characteristics;
vi. That through the planning and design of buildings and building placement,
the provision of open space, landscaping and other site amenities
will attain an attractive environment for the occupants of the property.
c. Applications. A site plan application may be submitted by the owner
of a parcel(s) of land within the City, or the owner's designees,
for that (those) parcel(s) in which the owner has a legal or equitable
interest.
4. Conditional
Use Permit.
a. Applicability. A conditional use permit shall be required:
i. Prior to issuance of any permits or certificates for the uses indicated in Chapters
9.08,
9.12,
9.16 and
9.18, or where a conditional use permit is required pursuant to any applicable overlay zone regulations, specific plan provisions, or planned unit development requirements;
ii. If a use, as controlled by the State Alcoholic Beverage Control Board,
that allows the wholesale or retail sale of alcoholic beverages is
added, or the consumption of alcoholic beverages is allowed, on or
off site, or if an existing ABC license type is changed;
iii. For any expansion in floor area of a use currently under provisions
of an approved conditional use permit;
iv. For any new use or intensification of uses at a facility currently
being operated under provisions of an approved conditional use permit.
b. Required Findings. The hearing body shall approve an application
for a conditional use permit when the information submitted by the
applicant and/or presented at public hearing substantiates the following
findings:
i. That the proposed use will be consistent with the City's adopted
General Plan;
ii. That the requested use at the location proposed will not:
(A)
Adversely affect the health, peace, comfort or welfare of persons
residing or working in the surrounding area, or
(B)
Unreasonably interfere with the use, enjoyment or valuation
of property of other persons located in the vicinity of the site,
or
(C)
Jeopardize, endanger or otherwise constitute a menace to public
health, safety or general welfare;
iii. That the proposed site is adequate in size and shape to accommodate
the yards, walls, fences, parking and loading facilities, landscaping
and other development features prescribed in this title, or as is
otherwise required, in order to integrate such use with the uses in
the surrounding area;
iv. That the proposed site is adequately served:
(A)
By highways or streets of sufficient width and improved as necessary
to carry the kind and quantity of traffic such as to be generated,
and
(B)
By other public or private service facilities as required.
c. The hearing body shall deny the application when the information
submitted by the applicant and/or presented at the public hearing
fails to substantiate such findings.
d. The conditional use permit and all discretionary land use permits
under this title (including site plan, if applicable) shall be issued
or denied within the time periods proscribed by the Permit Streamlining
Act, the Subdivision Map Act, the California Environmental Quality
Act, and other applicable state law, unless extended by actions of
the applicant or his/her agents.
e. Procedures for processing the application and times for processing
steps shall be established by the City Manager or designee.
5. Waiver.
a. Applicability. A waiver application to the provisions of Title
9 shall be required for waiver procedures as contained in the Subdivision Map Act and in Chapter
9.40 of this code.
b. A waiver procedure as contained in the Subdivision Map Act and Chapter
9.40 of this code may be granted if it is possible to find that the waiver:
i. Will not create a subdivision or satisfy the requirements applicable
to the division of a parcel of land;
ii. Will comply with City requirements as to area, improvement and design,
floodwater drainage control, appropriate improved public roads, sanitary
disposal facilities, water supply availability and environmental protection;
iii. Will satisfy any other requirements pertaining to the Subdivision
Map Act, this code and any other applicable City ordinance;
iv. Will not create any unnecessary conditions or situations that will
be incompatible with existing and possible future uses of adjacent
properties.
6. Variance.
a. Applicability. A variance to the provisions of Title 9 shall be required
for any deviation from the development standards contained therein.
b. Required Findings. A variance may be granted only if all of the following
findings are made:
i. That there are exceptional or extraordinary circumstances or conditions
applicable to the property or to the intended use that do not apply
generally to other property or classes of use in the same vicinity
or zone;
ii. That such variance is necessary for the preservation and enjoyment
of a substantial property right possessed by other property in the
same vicinity and zone, but which is denied to the property in question;
iii. That the granting of such variance will not be materially detrimental
to the public welfare, or injurious to the property or improvements
in such vicinity and zone in which the property is located;
iv. That the granting of such variance will not adversely affect the
comprehensive General Plan; and
v. That approval of the variance is subject to such conditions as will
assure that it does not constitute a grant of special privileges inconsistent
with the limitations upon other properties in the vicinity and zone
in which the subject property is situated.
7. Interpretation
of Use.
a. Applicability.
i. Any use not specifically listed as a permitted use, incidental use,
or conditional use shall be prohibited; provided, however, that whenever
a use has not been specifically listed as a permitted use, incidental
use, or conditional use in a particular zone district, but similar
uses are found to exist in that zone, the hearing body shall be responsible
or interpreting whether or not the use is permitted in that zone district,
and under what conditions.
ii. Any use determined to be inconsistent or not similar to other uses
shall be required to file an application for an ordinance amendment.
b. Required Finding. That the proposed use is:
i. Similar in scale and operational characteristics to other uses permitted
in that zone;
ii. Consistent with the intent of the General Plan and the zone district;
iii. Compatible with other permitted uses.
8. Modification
to Approved Plans.
a. Applicability. Whenever a change is proposed to an approved land
use action.
b. Required Findings. Modifications to approved plans shall be granted
when the following findings are made:
i. That the change would not require the filing of an application for
waiver or variance to the zoning code;
ii. That the change would not adversely affect the quality or design
of the original plan;
iii. That the change would not adversely affect the use or enjoyment of
adjacent properties.
9. Time
Extensions.
a. Required Findings. A time extension may be granted when the following
findings are made:
i. A request for a time extension, including the reasons therefore,
has been submitted prior to the permit expiration date, or the hearing
body finds that, due to special circumstances demonstrated by the
property owner or the applicant, a late-filed request should be considered;
ii. That there has been no change in the general plan designation or
zoning of the site that would render the development or use nonconforming;
iii. That there is no land use action or study currently underway that
would have the potential to render the development or use nonconforming.
b. Limits of Extensions. Unless otherwise provided by a development
agreement, a time extension shall be limited to one year or less.
A request for a time extension beyond the term provided in a development
agreement shall require City Council approval of an amendment to the
development agreement.
10. Revocation.
a. Applicability. The City Council, hearing body or City Manager may
initiate revocation procedures for any land use action designated
by this title.
b. Required Findings. The hearing body may revoke or modify a land use
action if any one of the following findings is made:
i. That the approval was obtained by fraud;
ii. That the approved use has ceased to exist or has been suspended for
one year, or a lesser time as established by land use ordinance;
iii.
That the approved use is being, or recently has been, exercised
contrary to the terms or conditions of such approval, or in violation
of any statute, ordinance, or regulation;
iv. That the approved use was so exercised as to be detrimental to the
public safety or so as to constitute a public nuisance.
11. City Manager or Designee Review—Minor Deviations.
a. Applicability. The City Manager or designee is vested with the following
minor deviation land use permit and related authority:
i. To allow ground-mounted mechanical equipment, including, but not
limited to, heating, cooling or ventilating equipment, swimming pool
or spa heaters, pumps or filters, to be located in the side or rear
setbacks on any property improved with a multiple-family residential
project, provided that the equipment is screened from view from public
rights-of-way and an unobstructed path at least three feet wide is
provided between the equipment and the property line;
ii. To allow mechanical equipment, including, but not limited to, water
heaters, FAUs etc., to encroach into the minimum interior dimensions
of existing garages for single-family residential dwellings, provided
that adequate space for the number of vehicles required by Title 9
to be parked in the garage is maintained;
iii.
To allow one-story additions to existing, detached, non-habitable
structures that are nonconforming as to required side or rear setbacks
in any residential zone. The addition shall be constructed in conformance
with all applicable code provisions;
iv. To issue minor land use deviations for the purpose of allowing minor
changes to the strict requirements of any use or distance limitations
of the code (excepting adult uses), provided that the changes are
generally compatible with the zoning requirements for the parcel,
and the use will last for a duration not to exceed 18 months. A single
time extension limited to one year or less may be granted;
v. To allow minor deviations in the height, width and/or placement of
freestanding sign structures for any office, commercial and industrial
zoned properties improved with existing buildings or structures to
achieve a greater flexibility in design and quality that cannot be
achieved through the strict application of Title 9, provided that
the sign area does not exceed the maximum square footage as required
by Title 9;
vi. To allow deviations in the number of required parking spaces up to
a maximum of 10% for any office, commercial or industrial zoned properties
improved with existing buildings or structures, where the parking
deficiency cannot be corrected by redesigning the parking area or
restriping the parking spaces. This shall not include any use subject
to a conditional use permit, or any property that was granted a parking
variance;
vii.
To allow the installation of garage doors on existing carports
for existing residential condominiums;
viii.
To allow minor deviations from landscape requirements in conjunction
with the rehabilitation of an existing site where no discretionary
action is proposed;
ix. To allow fences located in the required front setback of residentially
zoned properties to be constructed to a maximum height of six feet,
provided the upper 36 inches is wrought iron fencing with vertical
railings no less than three inches apart;
x. To allow the construction of one single-family home on a legally
created, residentiallyzoned vacant parcel, that is nonconforming due
to area and/or width, provided no other discretionary actions are
proposed;
xi. An addition to a duplex or triplex that meets the current setback
requirements, is less than 50% of the original living area, and does
not create additional units shall be subject to a City Manager or
designee review.
b. For purposes of this section, "minor deviation" is defined as a modification
or change that does not undermine or significantly revise the intent
and purpose of the municipal code. Minor deviations shall be limited
to the above actions only.
c. Required Findings. The City Manager or designee may approve an application
for a minor deviation if the following findings are made:
i. That the proposed action will not adversely affect the City's General
Plan;
ii. That no discretionary actions requiring review by the City Zoning
Administrator, Planning Commission or City Council are being proposed;
iii.
That no adverse effects on the health, peace, comfort or welfare
of persons residing or working on adjoining properties is created;
and
iv. That all other applicable Title 9 provisions are complied with.
d. Notice and Review.
i. An application for a minor deviation shall consist of written documentation
of the precise nature of the change(s) the applicant is proposing,
the duration, a plot plan for the parcel, and any other information
required by the City Manager or designee. The City Manager or designee
is empowered to impose any conditions of approval as necessary to
insure that the proposal satisfies the required findings set forth
in this subsection.
ii. Upon receipt of an application for a minor deviation, a notice shall
be sent to the adjoining property owners describing the nature of
the request and advising that any comments should be submitted no
later than 10 days from the date the notice was sent out. A public
hearing shall not be required. If the request is approved by the City
Manager or designee, the planning staff shall transmit the City Manager
or designee's notice of the decision, with any appropriate conditions
of approval, to the applicant and to each Planning Commissioner. The
decision of the City Manager or designee shall be final and binding
unless an appeal is filed within seven days from the date of the decision,
or unless the application is called up for review by any member of
the Planning Commission within seven days from the date of the decision.
The planning staff, upon receipt of a timely request for Planning
Commission review, shall schedule the matter for Planning Commission
review at its next available meeting.
12. City Manager or Designee Review—Wireless Telecommunications
Facilities.
a. Applicability. The City Manager or designee is vested with the authority to review and approve applications for wireless telecommunications facilities pursuant to the provisions of Chapter
9.24 of this code or other applicable state or federal law.
b. Required Findings. The City Manager or designee shall approve an application for a wireless telecommunications facility if the City Manager or designee finds that all of the requirements pursuant to Chapter
9.24 that do not conflict with state or federal law have been complied with. In lieu thereof, the City Manager or designee may approve an application for a wireless telecommunications facility if the findings specified in paragraph 11.c of this subsection
D are made.
13. Director's Review—Duplex and Triplex to read as follows:
a. Applicability. The Department Director is vested with the authority to review and approve applications for duplexes and triplexes that comply with all the requirements of Section
9.12.040.040, Special Requirements—Duplex and Triplex in R-2 and R-3 Zones, and that do not require approval of any discretionary action, including, but not limited to, a variance, zoning change, general plan amendment, or other entitlements.
b. Any duplex or triplex project that requires approval of a discretionary
action shall be processed through a site plan review and the applicant
shall pay the appropriate site plan fee and any other appropriate
entitlement fee(s).
c. Required Findings. The Department Director may approve an application
for a duplex or triplex if the following findings are made:
i. That the proposed development will comply with all applicable, objective
standards, provisions, conditions and requirements of the General
Plan, Title 9, and other applicable ordinances and policies of the
City, except to the extent excused from compliance pursuant to state
law; and
ii. That no discretionary actions requiring review by the City Zoning
Administrator, City Planning Commission or City Council are being
proposed.
d. Submittal Requirements. The applicant shall submit a complete application,
plans and documentation, as identified in the duplex and triplex filing
instructions, and pay the appropriate fees.
e. Notice and Review.
i. Upon receipt of an application for a duplex or triplex, a notice
shall be sent to the adjoining property owners describing the nature
of the request and advising that any comments should be submitted
no later than 10 days from the date the notice was sent out. A public
hearing shall not be required.
ii. If one or more adjacent property owners object to the proposal, the
director may refer the review of the request to the Zoning Administrator
or the Planning Commission where new public notices will be mailed
per the public hearing noticing requirements, and a public hearing
will be held.
iii.
The Department Director is empowered to impose any conditions
of approval, including conditions from other City departments, that
are necessary to ensure that the proposal complies with all local,
state and federal laws, and satisfies the required findings.
iv. If the request is approved by the Department Director, the planning
staff shall transmit the director's notice of the decision, with any
appropriate conditions of approval, to the applicant.
v. The decision of the Department Director shall be final and binding
unless an appeal is filed within 10 days from the date of the decision
or unless the application is called up to the Planning Commission
for review by any member of the Planning Commission or City Council
within 10 days from the date of the decision.
vi. Any decision of the Department Director may be appealed to the Planning Commission, and shall comply with Sections
9.32.110 through
9.32.150, except as to the timeframe for appeal/call up.
vii.
Any decision of the Planning Commission may be appealed to the City Council, and shall comply with Sections
9.32.110 through
9.32.150, except as to the timeframe for appeal/call up.
14. Main Street Outdoor Dining Permit for Outdoor Dining Areas in the
Public Right-of-Way on Historic Main Street.
a. Applicability. Approval of a Main Street outdoor dining permit pursuant to this subdivision shall be required for any eating establishment located along Historic Main Street within the CC-2 zone to establish and maintain an outdoor dining area in the public right-of-way pursuant to the provisions of Section
9.18.090.050 of this title, Additional Regulations Specific to the CC-2 Zone. It shall be a condition of each Main Street outdoor dining permit that the applicant also obtain and maintain an encroachment permit from the City pursuant to Title
11 of the Garden Grove Municipal Code and comply with all conditions of such encroachment permit. Approval of a Main Street outdoor dining permit pursuant to this subdivision shall not constitute approval of said encroachment permit.
b. Review Authority.
i. Director's Review. The Department Director is vested with the authority
to approve, conditionally approve, or deny applications for Main Street
outdoor dining permits, provided the applicant is not proposing the
sale, service or consumption of alcoholic beverages within the outdoor
dining area and approval of a discretionary action by the Zoning Administrator,
Planning Commission, or City Council is not otherwise required.
ii. Review by Hearing Body. Where an outdoor dining area in the public
right-of-way is proposed in conjunction with another land use action
that requires discretionary review pursuant to this chapter, the application
for a Main Street outdoor dining permit shall be processed in conjunction
with said land use action and reviewed by the applicable hearing body
in conjunction with such discretionary review.
iii.
Alcohol Sales. The sale, service and/or consumption of alcohol
within an outdoor dining area in the public right-of-way shall also
require approval of a new or amended conditional use permit pursuant
to the provisions of Section 9.18.060, Alcohol Beverage Sales.
c. Required Findings. The Department Director or applicable hearing
body may approve an application for a Main Street outdoor dining permit
only if all of the following findings are made:
i. The proposed outdoor dining area in the public right-of-way is consistent
with the City's General Plan, all applicable development standards
and Building Code requirements, and all other applicable Title 9 provisions;
ii. The proposed outdoor dining area in the public right-of-way will
be complementary to, and not inconsistent with, the underlying dedication
for public right-of-way or the City's title or estate in the underlying
public right-of-way;
iii.
The applicant has demonstrated a satisfactory ability and willingness
to comply with the Garden Grove Municipal Code and pertinent conditions
to previously issued permits, licenses, and City land use approvals
with respect to operation of the adjacent eating establishment;
iv. The proposed outdoor dining activity will not be materially detrimental
to the public health, safety or general welfare and will not injure
or unreasonably interfere with the property or improvements of other
persons located in the vicinity of the proposed outdoor dining area;
and
v. The City Engineer is prepared to issue an encroachment permit to
the applicant for the establishment and maintenance of an outdoor
dining area in the public right-of-way pursuant to Title 11.
d. Notice and Review.
i. Upon receipt of an application for a Main Street outdoor dining permit that is subject to review by the Department Director, a notice shall be sent to all owners of property with frontage on Historic Main Street between Acacia Parkway and Garden Grove Boulevard describing the nature of the request and advising that any comments should be submitted no later than 10 days from the date of the notice. If one or more property owners object to the application, the Director may refer review of the request to the Zoning Administrator or Planning Commission, where a public hearing will be noticed and held in accordance with the public hearing provisions of Chapter
9.32.
ii. The Planning staff shall transmit the Department Director's notice
of the decision, with any appropriate conditions of approval, to the
applicant. The decision of the Department Director shall be final
and binding unless an appeal is filed within 10 days from the date
of the decision.
iii.
Any decision of the Department Director or Zoning Administrator may be appealed to the Planning Commission, and the provisions of Sections
9.32.110 through
9.32.150 shall apply, except as to the timeframe for appeal.
iv. Any decision of the Planning Commission may be appealed to the City Council, and the provisions of Sections
9.32.110 through
9.32.150 shall apply.
e. Conditions, Transferability and Scope of Rights.
i. The Department Director or hearing body is empowered to impose any
conditions of approval on a Main Street outdoor dining permit determined
to be necessary to ensure that the proposal complies with all local,
state and federal laws, and satisfies the required findings.
ii. It shall be a condition of each Main Street outdoor dining permit
that the applicant also obtain and maintain an encroachment permit
from the City pursuant to Title 11 of the Garden Grove Municipal Code
and comply with all conditions of such encroachment permit. Approval
of a Main Street outdoor dining permit pursuant to this subdivision
shall not constitute approval of said encroachment permit.
iii.
It shall be a condition of each Main Street outdoor dining permit
that the scope, nature, and character of use of the adjacent eating
establishment remain substantially the same as at the time approved.
In the event there are significant changes to the scope, nature, or
character of use of the adjacent eating establishment, all rights
conferred by a Main Street outdoor dining permit for that eating establishment
shall cease, and the owner(s) of the eating establishment shall be
required to apply for and obtain a new Main Street outdoor dining
permit, if eligible to do so.
iv. In the event of a change of ownership of the adjacent outdoor eating establishment, where the scope, nature, and character of use of the adjacent eating establishment does not significantly change, a Main Street outdoor dining permit may be automatically transferred to the new owner(s) of the eating establishment upon written notice to the City, issuance of a new encroachment permit pursuant to Title
11, and execution by each owner of a written acknowledgment and agreement to comply with the conditions of approval of the permit in a form acceptable to the Department Director.
v. Approval of a Main Street outdoor dining permit pursuant to this
subsection shall not be construed to grant the applicant or adjacent
property or business owner any property interest in the public right-of-way
or any entitlement to continued use of the public right-of-way.
vi. Following investigation, written notice, and an opportunity to respond,
a Main Street outdoor dining permit may be revoked or suspended by
the Department Director: (a) in the event of suspension, revocation,
expiration, or non-renewal of the encroachment permit; (b) upon failure
of the business owner and/or operator to comply with the conditions
of approval and/or applicable legal requirements; or (c) if one or
more of the required findings for approval of the permit can no longer
be made with respect to the outdoor dining area in the public right-of-way.
If the Department Director revokes a Main Street outdoor dining permit,
the procedures for notice and appeal set forth in paragraphs (d)(ii)
through (iv), above, shall apply.
15. Requests for Reasonable Accommodation.
a. Applicability. Whenever relief is sought from the strict application
of the City's zoning and land use regulations, policies or procedures
in order to provide an individual with a disability an equal opportunity
to use and enjoy a dwelling, approval of a reasonable accommodation
request shall be required. This section provides a procedure and sets
standards for individuals seeking a reasonable accommodation in the
provision of housing and is intended to comply with state and federal
fair housing laws and other applicable laws relating to such reasonable
accommodations.
b. Requests for Reasonable Accommodation.
i. Any person with a disability, their authorized written representative,
or a developer or provider of housing for individuals with a disability
may submit a request for a reasonable accommodation.
ii. Requests for a reasonable accommodation shall be submitted on an
application form provided by the City. The application shall include,
but shall not necessarily be limited to:
(A)
Documentation that the individual who is applying or upon whose
behalf application is being made is an individual with a disability,
applying on behalf of one or more individuals with a disability, or
a developer or provider of housing for one or more individuals with
a disability;
(B)
A description of the accommodation requested and the specific
exception, modification or relief from the Code section, policy or
practice that is being requested;
(C)
Plans and detailed information of any physical improvements
to the property being proposed, including photos and supporting information
necessary for the review authority to evaluate the accommodation being
requested;
(D)
A detailed explanation as to why the accommodation requested
is necessary to provide one or more individuals with a disability
an equal opportunity to use and enjoy the dwelling and how it will
achieve this result; and
(E)
Any other information that the City Manager or designee reasonably
concludes is necessary to determine whether the findings of this subsection
can be made, so long as any request for information regarding the
disability of the individual(s) benefited complies with applicable
fair housing law protections and the privacy rights of the individual(s)
affected.
iii.
When an application is made, the City may engage in an interactive
process with the applicant to devise alternative accommodations that
provide the applicant with an opportunity to use and enjoy a dwelling,
where such alternative accommodations would reduce impacts to neighboring
properties and residents of the surrounding area.
c. Review Authority. The City Manager or designee is vested with the
authority to approve, conditionally approve, or deny requests for
reasonable accommodation. No public hearing is required.
d. Required Written Findings.
i. The review authority's written decision to approve, conditionally
approve, modify or deny a request for reasonable accommodation shall
be consistent with all applicable federal and state laws and shall
be based on the following findings, all of which are required for
approval:
(A)
That the requested accommodation is requested by or on behalf
of one or more individuals with a disability;
(B)
That the requested accommodation is necessary to provide one
or more individuals with a disability an equal opportunity to use
and enjoy a dwelling and will effectuate the accommodation;
(C)
That the requested accommodation will not impose an undue financial
or administrative burden on the City as "undue financial and administrative
burden" is defined in fair housing laws and interpretive case law;
(D)
That the requested accommodation will not result in a fundamental
alteration in the nature of the City's zoning scheme or other City
program, as "fundamental alteration" is defined in fair housing laws
and interpretive case law; and
(E)
That the requested accommodation will not, under the specific
facts of the case, result in a direct threat to the health and safety
of other individuals or physical damage to the property of others.
ii. In making these findings, to the extent consistent with federal and
state law, the review authority may consider, without limitation,
the following additional factors:
(A)
Whether the requested accommodation is being provided primarily
to benefit individuals who are disabled;
(B)
Whether financial considerations make the requested accommodation
necessary in light of the relevant market and market participants;
(C)
Whether the requested accommodation would result in a significant
increase in traffic or insufficient parking;
(D)
Whether the requested accommodation would substantially undermine
the policies of the General Plan or any applicable specific plan;
(E)
Whether the requested accommodation would create an institutionalized
environment due to the number of tenants being proposed and/or the
congregation of facilities that are similar in nature or operation;
and
(F)
Whether the requested accommodation would significantly deprive
any neighboring property owners of the use and enjoyment of their
own properties.
e. Decision.
i. Notice of Decision. The review authority shall set forth the findings
and any conditions of the approval in a written decision, which shall
be sent to the applicant. The written decision shall inform the applicant
of the right to appeal the decision and the time period and procedures
for doing so.
ii. Conditions of Approval. In granting a request for reasonable accommodation,
the review authority may impose any conditions of approval deemed
reasonable and necessary to ensure that the reasonable accommodation
will comply with the required findings set forth above. Conditions
may also be imposed to ensure that any removable structures or physical
design features that are constructed or installed in association with
the reasonable accommodation request shall be removed prior to the
sale, transfer, lease, or other conveyance of the property, or once
those structures or physical design features are no longer necessary
to accommodate a person with a disability, or to reduce impacts upon
neighboring properties, and the property owner may be required to
enter into and record a restrictive covenant benefitting the City,
in a form acceptable to the City Attorney, to ensure compliance with
such conditions.
iii.
The decision of the City Manager or designee shall be final unless appealed by the applicant to the City Council within 10 days. The procedures set forth in Section
2.60.060 of this Code shall apply to such appeals.
f. Expiration.
i. Expiration. Any approval or conditional approval of a reasonable
accommodation shall expire and become null and void within one year
from the effective date of the approval or at an alternative time
specified as a condition of approval unless:
(A)
A building permit has been issued and construction has commenced;
(B)
A certificate of occupancy has been issued;
(C)
The use is established; or
(D)
A time extension has been granted.
ii. Time Extension. The City Manager or designee may approve one or more
time extensions for a previously approved reasonable accommodation
for good cause. Each time extension shall be limited to one year or
less. A request for a time extension shall be made in writing to the
City Manager or designee prior to the expiration date of the reasonable
accommodation approval.
g. Effect of Approval; Revocation; Discontinuance.
i. Does Not Run with the Land. A reasonable accommodation approved by
the City does not run with the land. Upon discontinuance or revocation
of a previously approved reasonable accommodation request, the City
may require the property owner and/or occupant(s) to bring the property
into conformance with this code to the extent that relief was granted
as part of the request for reasonable accommodation.
ii. Revocation. After notice and an opportunity for hearing, the City Manager or designee may revoke any previously granted reasonable accommodation approval due to violations of any conditions of approval or laws in connection with use of the reasonable accommodation. The decision of the City Manager or designee to revoke a reasonable accommodation shall be final unless appealed by the applicant to the City Council within 10 days. The procedures set forth in Section
2.60.060 of this code shall apply to such appeals.
iii.
Discontinuance. A previously approved reasonable accommodation
shall lapse and be deemed null and void if the exercise of rights
granted by the reasonable accommodation is discontinued for 180 consecutive
days and/or if the individual or individuals with a disability on
whose behalf an approved reasonable accommodation was requested vacate
the premises, unless, following consideration of a new application
in accordance with this section, the City Manager or designee determines
that: (1) the modification is physically integrated into the residential
structure such that it would be impractical to require the property
to be returned to its previous condition; or (2) the accommodation
is necessary to give another disabled individual an equal opportunity
for use and enjoyment of the dwelling. The City Manager or designee
may, at any time, request in writing the applicant or any successor-in-interest
to the property subject to a previously approved reasonable accommodation
to provide documentation demonstrating that the accommodation remains
necessary to ensure the equal use and enjoyment of the property by
an individual or individuals with a disability and/or continued compliance
with the applicable conditions of approval. Failure to provide such
documentation with 15 days of the date of such request shall constitute
evidence of discontinuance of the exercise of rights granted by the
reasonable accommodation.
(2758 § 2, 2009; 2863 § 6, 2016; 2894 § 4, 2018; 2939 § 3,
2022)
Hearings Before the Planning Commission and the Zoning Administrator. Decisions made at hearings before the Planning Commission and Zoning Administrator are final, except those listed in Section
9.32.030, or unless appealed to City Council.
(2758 § 2, 2009)
A public hearing for land use actions listed in Title 9 as amended
shall be convened before the appropriate hearing body for the purposes
of:
A. Informing
interested parties and members of the community of proposed changes
to the development of real property in the City, or changes to the
regulation of and definition of types of real property in the City.
Hearings shall be conducted according to the requirements of municipal
and state planning laws.
B. Providing
interested parties and members of the community an opportunity to
give testimony to the hearing body regarding proposed changes in the
regulation of and definition of real property in the City.
(2758 § 2, 2009)
Notice of time and place and date of public hearings shall be
given in the following manner, consistent with State Code.
A. Notice
of any public hearing upon a proposed amendment to this title shall
be given by at least one publication in a newspaper of general circulation,
in the City not less than 10 days before the date of said public hearings.
B. Any
land use application not provided for this title and requiring a public
hearing shall be noticed in the following way:
1. A
written notice shall be mailed or delivered not less than 10 days
prior to the date of such hearing to the last known address of the
owner or owners of the property located within not less than a 300-foot
radius of the exterior boundaries of the subject property, as indicated
on the latest available assessment rolls in the City Hall; or
2. A
written notice shall be mailed or delivered to the owner or owners
of subject property and to the applicant if he or she be a person
other than the owner of this property not less than 10 days prior
to the date of hearing on any type of publication;
3. A
written notice shall be mailed or delivered not less than 10 days
prior to the hearing to each local agency expected to provide water,
sewage, streets, roads, schools or other essential facilities or services
to the project, whose ability to provide those facilities and services
may be significantly affected.
C. Time
of a Public Hearing. The secretary of the Planning Commission shall
set land use hearings before the Planning Commission or the Zoning
Administrator as provided by this chapter. The date of the public
hearings shall be not less than 10 days nor more than 60 days from
the date of the filing of the verified application or the adoption
of the resolutions or the making of the motion.
D. Required
Wording of Notices. Public notice of hearings on land use actions
shall consist of the words "Notice of Proposed Change of Zone Boundaries
or Classification" or "Notice of Proposed Site Plan" or "Notice of
Proposed Conditional Use Permit" or other similar wording as the case
may be, setting forth the address and description of the property
under consideration, the nature of the proposed change, or requested
permit or use, and the time, place and date, at which the public hearing
or hearings on the matter will be held.
E. Continuance
of Public Hearing. If for any reason, testimony or any case set for
public hearing cannot be completed on the date set for such hearing,
the person presiding at that public hearing may, before adjournment
or recess of the public hearing, publicly announce the time and place
to and at which these hearings will be continued. No further notice
is required.
Public hearings may be continued by the hearing body without
readvertising for public hearing, and at no expense to any person,
when a full hearing body is not available for consideration of an
applicant's request. Request for such continuance may be made by the
applicant, and the granting of such request shall not be construed
as a request for continued public hearing for the purpose of determining
when to levy readvertising fees.
(2758 § 2, 2009)
It is the responsibility of the City Manager, or his or her
designated representative, to investigate the facts bearing upon an
application set for hearing, and to prepare and submit an appropriate
report thereon.
(2758 § 2, 2009)
The Planning Commission, Zoning Administrator and City Council
may establish rules governing the conduct of the respective public
hearings.
(2758 § 2, 2009)
For good reason, notwithstanding provisions set forth in this
section, public hearings may be continued to a time certain upon receipt
of a first request from any interested party. The second request for
a continuance may be granted only on the condition that the case be
readvertised, and the applicant or other person requesting the continuance
be responsible for the cost of such readvertising. The hearing body,
by normal voting procedure, may waive such readvertising cost for
any person.
(2758 § 2, 2009)
The purpose of an appeal of a hearing body decision is to allow
an applicant or an interested party of a land use action who feels
aggrieved by the decision to seek review of the case by another imported
hearing body.
(2758 § 2, 2009)
A decision of a hearing body on a land use action may be appealed
by the applicant, or an individual, within 21 days of the date on
which the decision is rendered, unless otherwise specified in this
chapter.
(2758 § 2, 2009)
All appeals shall be submitted to the City Clerk on a City application
form along with all applicable fees, and shall specifically state
the basis for the appeal.
(2758 § 2, 2009)
Notice of an appeal hearing shall conform to the manner in which the original notice was given, as described in Sections
9.32.040 through
9.32.100 of this chapter.
(2758 § 2, 2009)
Unless a time extension is granted in accordance with Section
9.24.030, any discretionary action becomes null and void if not exercised within the time specified in the approval of the discretionary action or, if no date is specified, within one year from the date of approval of such discretionary action.
(2758 § 2, 2009)