City of Cypress, CA Permit Review and Decisions

4.19.010 Purpose of section.

Permit review procedures. This section provides procedures for the final review, and approval or disapproval of the planning permit applications established by this zoning ordinance.

Application filing and initial processing. Where applicable, the procedures of this Section are carried out after those described in section 18 (Applications, Processing, and Fees), for each application.

Time limits and extensions. See section 24 (Permit Implementation, Time Limits, and Extensions).

Revocations and modifications. See section 29 (Revocations and Modifications).

(Ord. No. 1062, § 2(Exh. A), 11-25-04)

4.19.020 Zoning clearances.

Purpose of subsection.

Verification. A zoning clearance is used by the department to verify that a requested structure or land use activity complies with the allowed list of activities and development standards applicable to the category of use or the zoning district of the subject parcel and/or previous conditions of approval contained in permits for the subject parcel.

Prerequisite. Where article 2 (Zoning Districts and Allowable Land Uses) requires zoning clearance as a prerequisite to establishing a land use, the department shall evaluate the proposed use to determine whether a zoning clearance may be granted in compliance with this section.

Applicability. A zoning clearance shall be required at the time of department review of a business license (for a land use on the subject parcel), building or grading permit, or other authorization required by the Municipal Code or this zoning ordinance for the proposed use or construction. Where no other authorization is required, the director's approval of a zoning clearance shall be secured before the commencement of any business or land use activity.

Procedure.

On-site inspection. An application for a zoning clearance may require that the director perform an onsite inspection of the subject parcel before determining/verifying that the request complies with all of the applicable standards and provisions.

Director's action. A zoning clearance may be issued by the director only after first determining that the request complies with all of the applicable standards and provisions for the category of use in the zoning district of the subject parcel, in full compliance with this zoning ordinance.

Zoning clearance for business license applications.

New construction. In approving a zoning clearance for new construction the director shall determine that the request satisfies the following criteria:

The new structure shall require the approval of a design review in compliance with subsection 4.19.060, or other applicable entitlement(s), in compliance with article 2 (Zoning Districts and Allowable Land Uses).

The proposed site and any land use(s) or structure(s) existing on the site shall not be in violation of any applicable provision of this zoning ordinance, except for nonconforming uses and structures in compliance with section 25 (Nonconforming Uses, Structures, and Parcels).

Reuse of existing structure(s). In approving a zoning clearance that proposes to establish a different business in an existing structure, the proposed business shall be subject to the provisions of subsection A., above and the following:

The required number of parking spaces, and driveway and parking lot improvements shall be provided and maintained in compliance with section 14 (Off-Street Parking and Loading);

All on-site signs shall be in compliance with section 15 (Signs); and

All requirements of previously granted entitlements (e.g., adjustments, conditional use permits, design reviews, variances, etc.) including conditions of approvals applicable to the subject site.

New uses. Approval of a zoning clearance for a business license application for the first occupancy of a new structure shall require full compliance with this zoning ordinance (e.g., the proposed use is allowed in the zoning district in which the use is to be located.)

(Ord. No. 1062, § 2(Exh. A), 11-25-04)

4.19.030 Director's review.

Purpose of subsection. A director's review is used to consider and grant, if appropriate, very minor and limited deviations from specified development standards and provisions contained within this zoning ordinance.

Applicability. The director is authorized to grant the following minor deviations:

To allow mechanical equipment including, forced air units, air conditioning components, water heaters, etc., to encroach into the minimum interior dimensions of existing garages for single-family residential dwellings; provided, adequate space for the number of vehicles required by table 2-4 within subsection 2.05.050 (Residential off-street parking requirements) to be parked in the garage is provided and continually maintained;

To allow one-story additions to existing, detached, nonhabitable residential structures which are nonconforming only as to required side or rear setbacks in any residential zoning district. The addition shall be constructed in conformance with all applicable Municipal Code, zoning ordinance, and building code provisions;

To issue minor deviations for the purpose of allowing minor changes to the strict requirements of any use or distance limitations of this zoning ordinance (excepting adult business uses); provided, the changes are generally compatible with the applicable zoning requirements for the parcel, and the use will last for a period of time not to exceed 18 months. A one-time extension of up to 12 months may be granted;

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 structures to achieve a greater flexibility in design and quality that cannot be achieved through the strict application of section 15 (Signs); provided, the sign area does not exceed the maximum square footage allowed by subsection 3.15.050;

To allow minor deviations in the number of required off-street parking spaces up to a maximum of 10% for any office, commercial, or industrial zoned properties improved with existing structures, where the parking deficiency cannot be corrected by redesigning the parking area or restriping the parking spaces. This deviation shall not include any use subject to a conditional use permit or any property which was granted a variance for parking;

To allow the installation of garage doors on existing carports for existing residential condominiums;

To allow minor deviations from the landscape requirements of section 13 in conjunction with the rehabilitation of an existing site where no discretionary action is proposed;

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 constructed of wrought iron fencing or similar material with vertical railings no less than three inches apart; and

To allow the construction of one single-family home on a legally created, residentially-zoned vacant parcel, that is nonconforming only as to minimum area and/or width provisions; provided, no other discretionary actions are proposed.

Minor deviation defined. For purposes of this section, "minor deviation" is defined as a modification or change which does not undermine or significantly revise the intent and purpose of this zoning ordinance or the Municipal Code. Allowed minor deviations shall be limited to only those actions identified in subsection B. (Applicability), above.

Required findings. A director's review of a minor deviation may be approved, modified, conditioned, or disapproved by the director. The director may defer action and refer the application to the council. The director, or the council on appeal or referral, may approve, modify, or conditionally approve a director's review application, only if the following findings of fact can be made in a positive manner:

The proposed action would not adversely affect the city's general plan or any applicable specific plan;

No discretionary actions requiring review by the council are being proposed;

No adverse effect on the comfort, health, peace, or welfare of persons residing or working on adjoining properties would be created; and

All other applicable provisions of this zoning ordinance would be complied with.

Application requirements. In addition to the application filing requirements established in section 18 (Applications, Processing, and Fees), the applicant shall file a statement of the precise nature of the minor deviation(s) requested and reasons for the request.

Proceedings.

Director's investigation. The director shall investigate the application and proposal, including the analysis of precedent cases as appropriate, and shall prepare notations on the application and a recommendation relating to the application.

Application and noticing requirements.

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 determined to be necessary by the director.

The director is empowered to impose any conditions of approval as the director deems reasonable and necessary to ensure that the proposal satisfies the required findings identified in this subsection D., (Require findings), above.

Upon receipt of an application for a minor deviation, a notice shall be sent to all 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, the director's notice of the decision shall be transmitted, along with any appropriate conditions of approval, to the applicant and to each member of the council.

The decision of the director shall be final and binding unless an appeal is filed in compliance with section 27 (Appeals) or unless the application is called up for review by any member of the council. The city clerk, upon receipt of a timely request for council review, shall schedule the matter for council review at its next available meeting.

Director's action.

Based on the investigation undertaken in compliance with subparagraph 1, above, the director shall act to approve, approve with conditions, or disapprove the application.

In granting the minor deviation application, the director shall make findings of fact that establish the circumstances appropriate for the approval in compliance with subsection D., (Required findings), above.

Action on the minor deviation application shall be taken within 30 days of the date the application is deemed complete.

Appeal of director's action. If the director disapproves the minor deviation application, or if the applicant disagrees with any conditions imposed on the granting of the minor deviation, the applicant may file an appeal to the council in compliance with section 27 (Appeals).

Director's review approval attached to the property. A director's review that is valid and in effect and granted in compliance with this section shall be valid only on the property for which it was granted and only for the improvements for which it is granted and further, shall continue to be valid upon change of ownership of the property or any lawfully existing structure on the property.

Time limit for using director's review.

Establishment of right to use director's review. The permittee of a director's review shall have 12 months from the effective date of the approval to establish a right to use the approval; otherwise, the director's review shall lapse and shall become void. For the purposes of this section, the right shall be established if either:

A building permit has been issued and construction commenced and diligently pursued toward completion on the site for which the director's review was approved;

In the event no building permit is required, a certificate of occupancy has been issued for the structure for which the director's review was approved; or

In the event no building permit or certificate of occupancy is required, the site for which the director's review was approved is occupied; or

Before the date on which the director's review will elapse, the permittee files an application to extend the permit in compliance with subparagraph 2., below.

Extension of director's review.

The director may approve or disapprove an application for an extension of a director's review.

As part of the action, the director may also modify existing conditions of approval or add new conditions to reflect any change in circumstances related to the director's review and surrounding properties.

A director's review may be extended for up to one additional twelve-month period; provided, the application for extension is filed with the department at least 14 days before the expiration date.

(Ord. No. 1062, § 2(Exh. A), 11-25-04)

4.19.040 Temporary use permits.

Intent and purpose of subsection.

The temporary use permit is established to allow certain uses to operate for limited, defined periods of time at locations throughout the city; provided, the uses are regulated in order to avoid adverse impacts on the neighborhoods in which they are located.

Temporary use permit applications may only be considered for properties located within zoning districts where the temporary uses are allowed. The land use regulations contained in article 2 (Zoning Districts and Allowable Land Uses) identify where the conditions apply.

Proceedings.

An application shall be filed in compliance with section 18 (Applications, Processing, and Fees). Upon acceptance of a temporary use permit application as complete, the director shall review the application for conformance with the provisions of this zoning ordinance. No public hearing shall be required for the director's action on a temporary use permit application. Based on this review, the director shall act to approve, conditionally approve, or disapprove the application.

Within 14 days of receiving a completed application, the director shall record a statement of the director's decision and findings.

The director shall have the option to refer the application to the council for a final action on the application.

Conditions of approval.

In granting a temporary use permit, the director may impose conditions on a use to include, but not be limited to the following:

Hours of operation;

Lighting;

Signs;

Walls or fences; or

Other conditions deemed reasonable and necessary to protect the public health, safety, and general welfare of the community.

Specific conditions shall apply to specific temporary uses, as identified in subsection E., (Specific conditions for specific uses), below.

Bond required. Before the issuance of a temporary use permit, a cash bond may be required for the purpose of defraying the costs of property cleanup by the city, in the event the permittee fails to do the same. The amount of the cash bond shall be established by the director in the temporary use permit's conditions of approval.

Specific conditions for specific uses.

Clean-up for all uses. Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use, including removal of off-site signs, and shall thereafter be used only in compliance with the requirements of the zoning district in which the site is located.

Art and craft shows and exhibits. Outdoor art and craft shows and exhibits shall be limited to 15 days of operation or exhibition within any ninety-day period.

Campaign offices. Campaign offices shall be limited to not more than 70 days of continuous use within any three-hundred-sixty-five-day period.

Caretaker's mobile home. On the site of an active construction project, one mobile home residence may be provided for the purpose of providing a twenty-four-hour security presence. The residence shall be removed upon issuance of an occupancy permit for the primary allowed use.

Circuses, carnivals, and similar uses. Circuses, carnivals, and similar transient amusement and entertainment enterprises shall be subject to the provisions of chapter 15, article III of the Municipal Code.

Christmas tree, pumpkin, and similar seasonal outdoor sales events.

A temporary seasonal sales facility shall not be open for business more than a total of 60 days during any one calendar year.

An allowed temporary seasonal sales facility shall not engage in the sale of any merchandise not directly associated with the specific holiday for which the sale is being held.

After the holiday, the facility shall be removed and the premises cleared of all debris and restored to at least as good a condition as existed before the establishment of the facility.

the director may impose any other conditions deemed reasonable and necessary to protect the general health, welfare, and peace of the surrounding area.

Contractor's office and storage yards. An on-site temporary contractor's construction office, used during the construction of a main structure(s) on the same site, as well as construction materials associated with the construction project, shall be allowed subject to the following conditions:

The on-site temporary office may consist of a manufactured home, commercial coach, selfcontained recreational vehicle, or mobile office; provided, the structure or vehicle is erected or installed in compliance with uniform building code requirements for temporary construction offices.

A temporary construction office shall be removed or shall be converted to an allowed use before the issuance of a certificate of use and occupancy for the main structure(s). If construction is phased over a length of time, the permit may provide that the certificates of use and occupancy may be issued for completed structures.

Before the last structures in a tract or phase being granted certificates of occupancy, the temporary construction offices shall be removed or converted into permanent structures, where allowed.

Corporate or company outdoor events. Corporate or company outdoor special events (e.g., celebrations, parties, and promotional events) that involve employees and/or clients of the corporation or company sponsoring the event shall be limited to one event for each calendar quarter.

Historic, patriotic, religious, and similar displays. The display of historic, patriotic, religious, and similar displays or exhibits within landscaped areas, parking areas, or yards shall be limited to not more than 30 days in any twelve-month period for each exhibit.

10.

Parking lot and other outdoor sales events.

Parking lot and other outdoor sales sponsored by merchants with valid city-issued business licenses shall be limited to one sale per calendar quarter.

Rummage and other outdoor sales sponsored by local, nonprofit organizations shall be limited to one sale every 180 days not to exceed three days per event.

11.

Vehicle sales events. Vehicle sales on private property shall be limited to five days per event per calendar quarter. Any request for additional display time shall first be approved by the council.

Promotional banners. Temporary banners advertising or promoting special events shall be regulated in compliance with Section 15 (Signs).

Other temporary uses. Additional uses (e.g., portable spas, portable A-frame signs) other than those listed in this subsection determined by the council/director, in compliance with subsection 1.02.020 (Rules of interpretation), to be similar to a listed use may be allowed subject to the conditions prescribed by the council/director in the issuing of the temporary use permit.

Extension of temporary use permit. Upon written application, the director may extend the time within which temporary uses may be operated, up to a maximum of 90 additional days. The director may also modify the limitations under which the uses may be conducted, if the director first determines that the extension or modification is in compliance with the purposes of this section and this zoning ordinance.

(Ord. No. 1062, § 2(Exh. A), 11-25-04)

4.19.050 Adjustments.

Intent and purpose of subsection. The adjustment procedure is established to grant minor relief from development standards, under limited circumstances, when the granting of the relief would provide for better design and function of the structure, or addition to a structure, proposed.

Applicability.

Allowable adjustments. An application for an adjustment may be considered by the director, governing only the development standards identified in table 4-2 (Types of Adjustments Allowed), below. The director may, at the director's discretion, defer action on an adjustment application and refer the application to the council for review and decision in compliance with section 18 (Applications, Processing, and Fees).

TABLE 4-2 TYPES OF ADJUSTMENTS ALLOWED
Types of Adjustments Allowed		Maximum Adjustment
1.	Distances between structures. A decrease of the minimum allowed distances between detached accessory structures and main structures on the same site	20%
2.	Fence or wall height. An increase of the allowed maximum height of a fence or wall, subject to the review and conditions of the Building Official	20%
3.	Height of structures	10%
4.	Landscape area requirements	10%
5.	Parcel area, depth, or width. A decrease in the minimum required parcel area, parcel depth, or parcel width	10%
6.	Parcel coverage. An increase of the maximum allowable parcel coverage	10%
7.	Parking. A decrease in the number of required off-street parking spaces	10%
8.	Projections. An increase in the allowed projection of eaves, fireplaces, landings, masonry chimneys, overhangs, stairways, and steps into any required front, side, or rear setback or width between structures	10%
9.	Setback/yard area. A decrease of the maximum required setback/yard areas (e.g., front, rear, and side) for structures	20%
10.	Sign area/height. An increase of the maximum allowed height of signs or maximum allowed sign area	10%
11.	RS-6,000 and 15,000. In the RS-6,000 and RS-15,000 zoning districts, a decrease in the required interior side setback to a minimum of three feet for the purpose of constructing a room addition to the primary dwelling unit. The room addition shall maintain the same or greater setback distance from the interior side parcel line as the primary dwelling. Garages and other accessory structures shall not be used to justify a reduced interior side setback.
12.	Sight clearance visibility zones. The allowance for the keeping of any decoration, design, device, hedge, shrubbery, structure, tree, vegetation, or any other minor visibility obstruction in required sight clearance visibility zones which exceeds three and one half feet in height.
13.	Agricultural or animal activities. The Adjustment procedure may also be used by the Director to grant a permit for any agricultural or animal husbandry activity conducted primarily for educational purposes or school credits.
14.	Objective design standards for multi-family dwellings. A deviation from one or more standards set forth in Section 3.17.310 may be approved if the Director finds that the project incorporates an alternative method to achieve the intent of the requirement.

Required variance. A request which exceeds the limitations outlined in this section shall require the filing of a variance application, in compliance with subsection 4.19.080 (Variances).

Proceedings.

Noticing requirements. Mailed notice shall be provided to all adjacent property owners. The notice shall contain all of the information identified is section 26 (Public Hearings), except the notice shall clearly state that the director will make a decision on the adjustment application on a specified date and that any interested party may provide written information regarding the application to the director at the address shown on the notice.

Director's action.

Based on the investigation undertaken in compliance with subparagraph A., above, the director shall act to approve, approve with conditions, or disapprove the adjustment application.

In granting an adjustment, the director shall make findings of fact that establish the circumstances appropriate for the approval.

Action on an adjustment application shall be taken within 30 days of the date the application is deemed complete.

Appeal of director's action. If the director disapproves an adjustment application, or if the applicant disagrees with any conditions imposed on the granting of an adjustment, the applicant may file an appeal to the council in compliance with section 27 (Appeals) or file a variance application (subsection 14.19.080).

Adjustment approval attached to the property. An Adjustment that is valid and in effect and granted in compliance with this section shall be valid only on the property for which it was granted and only for the improvements for which it is granted and further, shall continue to be valid upon change of ownership of the property or any lawfully existing structure on the property.

Time limit for using Adjustment.

Establishment of right to use adjustment. The permittee of an adjustment shall have 12 months from the effective date of the approval to establish a right to use the approval; otherwise, the adjustment shall lapse and shall become void. For the purposes of this section, the right shall be established if either:

A building permit has been issued and construction commenced and diligently pursued toward completion on the site for which the Adjustment was approved;

In the event no building permit is required, a certificate of occupancy has been issued for the structure for which the Adjustment was approved; or

In the event no building permit or certificate of occupancy is required, the site for which the adjustment was approved is occupied; or

Before the date on which the adjustment will elapse, the permittee files an application to extend the permit in compliance with subparagraph 2., below.

Extension of adjustment.

the director may approve or disapprove an application for extension of an adjustment.

As part of the action, the director may also modify existing conditions of approval or add new conditions to reflect any change in circumstances related to the Adjustment and surrounding properties.

An adjustment may be extended for up to one additional twelve-month period; provided, the application for extension is filed with the department at least 14 days before the expiration date.

(Ord. No. 1062, § 2(Exh. A), 11-25-04; Ord. 1206, 11/13/2023)

4.19.060 Design review.

Intent and purpose of subsection. The design review process is established to achieve the following objectives:

To ensure that uses and structures would conserve the values of adjacent properties and would not prove detrimental to the character of the uses or structures already established in the area.

To ensure that proposed development would properly relate to its site and to surrounding sites and structures, and to prevent the erection of structures that would be inharmonious with their surroundings.

To ensure that projects, sites, and structures subject to design review are developed with the proper consideration for the aesthetic qualities of the natural terrain and landscape, and that existing shrubs and trees are not indiscriminately destroyed.

To ensure that the design and exterior architecture of proposed structures would not be so at variance with either the design or exterior architecture of the structure already constructed or being constructed in the immediate neighborhood so as to cause a substantial depreciation of property values in the neighborhood.

To ensure that landscaping, open spaces, and parking areas are designed to enhance the visual and physical use of the property and to screen deleterious uses.

To ensure that proposed development complies with all of the applicable provisions of this zoning ordinance.

Applicability. The design review process shall be required before the issuance of any building permit for the following:

Mobile home parks;

New commercial and industrial structures or additions to existing structures where the proposed additional square footage exceeds 20% of the total floor area on the site;

New sign programs for commercial or industrial centers;

Public and semi-public uses; and

Other buildings and structures as identified within the zoning ordinance and specific plans.

Design review committee—Establishment and responsibilities.

A review committee, comprised of city staff, is hereby established for the purpose of conducting design review. This review committee shall be known as the "design review committee."

The design review committee shall be responsible for reviewing relevant applications for conformance with the provisions of this zoning ordinance and in particular, for conformance with the design standards and principles identified in this section.

In performing the duties of design review, the design review committee shall be guided by the statement of design review purpose identified in subsection A (Intent and purpose). Consideration shall be given to access, architecture, circulation, land coverage, landscaping, parcel size and shape, parking, setbacks from all property lines, structure height and bulk, use, and compatibility with surrounding properties in the evaluation of applications.

Review by the design review committee shall include colors, exterior design, materials, quality, textures, and compatibility of new structure elements and design features with those remaining on the site, and means of illumination, but shall not consider elements of design that are not visible beyond the boundaries of the site.

Plans and drawings to be submitted. In addition to meeting all of the other application requirements of this zoning ordinance, projects subject to design review shall be required to have the following materials submitted to the department:

A site plan, drawn to scale, showing the proposed location of structures and other improvements including, where appropriate, driveways, fences, landscaped areas, off-street parking and loading areas, pedestrian walks, and walls. The site plan shall indicate the locations of off-street parking areas, including entrances and exits, and the direction of traffic flow into and out of off-street parking areas.

A landscape plan, drawn to scale, showing the locations of existing trees proposed to be removed and proposed to be retained on the site; the location and design of landscaped areas and the varieties and sizes of plant materials to be planted therein; and other landscape features, including sprinkler and irrigation systems in compliance with Section 13 (Landscaping).

Architectural drawings or sketches, drawn to scale, including floor plans in sufficient detail to permit computation of yard requirements and showing all elevations of the proposed structures as they will appear upon completion. All exterior surfacing colors and materials shall be specified.

Accurate scale drawings of all signs indicating sign color, illumination, material, and size.

Grading and drainage plans.

Other data as may be required to permit the design review committee to ensure that the intent and purposes of this section are satisfied.

Proceedings.

Within 45 days of the date the drawings are deemed by the director to be complete, the design review committee shall approve, conditionally approve, or disapprove the plans and drawings, or shall request the applicant to revise them. Failure of the design review committee to act within 45 days shall be deemed approval of the drawings, unless the applicant consents in writing to an extension of time.

The decision of the design review committee shall be reported to the applicable review authority (e.g., director or council).

In the event the design review committee requests revisions to plans and drawings and the applicant chooses not to revise the plans as directed by the design review committee, and further provided that the design review committee chooses neither to approve, conditionally approve, nor disapprove the plans, the applicant may appeal the design review committee's decision not to take action to the director in compliance with Section 27 (Appeals).

Appeals and effective date of decision. The decisions of the design review committee are considered final unless appealed by the project proponent to the director within 10 days in compliance with Section 27 (Appeals). The effective date of the design review committee's decision shall be the date of receipt by the department of an agreement signed by the applicant agreeing to any conditions of approval.

Design review approval attached to the property. A design review approval that is valid and in effect and granted in compliance with the provisions of this zoning ordinance shall be valid only on the property for which it was granted and only for the improvements for which it is granted and further, shall continue to be valid upon change of ownership of the property or any lawfully existing structure on the property.

Time limit for using design review approval.

Design review approval shall be valid for a 12 month period from the effective date of the approval. The approval shall lapse and become void after that 12 month period unless either:

A building permit has been issued and construction commenced and diligently pursued toward completion on the site for which design review approval was granted; or

Before the date on which design review approval will elapse, the grantee or the city files an application to renew the approval in compliance with subsection (H)(2).

A design review approval subject to lapse may be renewed for additional 12 month periods, not to exceed three extensions by the director of community development (appealable to the city council) as necessary. Any further extensions beyond that period may be requested but will be subject to city council approval; provided, the application for renewal is filed with the department before the expiration date.

The director may approve or disapprove an application for renewal of a design review approval. As part of the action, the director may also modify existing conditions of approval or add new conditions to reflect any change in circumstances related to project and surrounding properties.

(Ord. No. 1062, § 2(Exh. A), 11-25-04; Ord. No. 1104, § 1, 5-26-09; Ord. No. 1131, § 1, 1-23-2012; Ord. 1206, 11/13/2023)

4.19.070 Conditional use permits.

Intent and purpose of subsection.

The city recognizes that certain uses, due to the nature of use, intensity, or size, require special review to determine if the use proposed, or the location of that use, is compatible with surrounding uses, or through the imposition of development and use conditions, can be made compatible with surrounding uses. The conditional use permit is provided for this purpose.

To ensure compatibility with zoning district regulations and surrounding properties, conditional uses require special consideration. The council is empowered to approve or disapprove applications for conditional use permits and to impose reasonable and necessary conditions upon the granting of the permit.

Application restrictions. Applications for conditional use permits may be submitted only for those uses specified as allowable conditional uses in the applicable zoning district in Article 2 (Zoning Districts and Allowable Land Uses). A conditional use permit is not a substitute for a zoning map or zoning ordinance text amendment.

Proceedings.

Director's investigation. The director shall investigate the application and proposal, including the analysis of precedent cases as appropriate, and shall prepare a report outlining facts and a recommendation relating to the application. The report shall be provided to the council and the applicant before any scheduled public hearing on the application.

Council's proceedings.

A public hearing before the council shall be noticed and conducted in compliance with Section 26 (Public hearings).

At the public hearing, the council shall review the application and proposed and may receive evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the findings identified in subsection E. (Required findings).

Within 21 days following the close of the public hearing, the council shall act to approve, approve in modified form, or disapprove the application. The action shall be by resolution of the council.

Conditions may be imposed. In acting to approve a conditional use permit, the council shall have the authority to impose conditions upon the granting of the permit. The conditions may address the physical conditions of the development, the manner of operation of the business, or any other conditions deemed reasonable and necessary to ensure that the approved use operates in a manner that ensures compatibility with surrounding uses and protects the public health, safety, or general welfare, including conditions to address:

The payment of drainage fees;

Special requirements for buffers, fences, open space, walls, and yards;

Installation and maintenance of landscaping;

Street dedications and improvements;

Regulation of point of vehicular access;

Regulation of signs;

Regulation of hours and methods of business operation;

Property maintenance;

Development schedules; and

Development standards.

The conditions may also establish a time limit for use of the conditional use permit and special terms under which the permit can be revoked.

Variances may be considered concurrently. In the review of a conditional use permit application, the council may consider any concurrent application for a variance filed and reviewed in compliance with the procedures identified in Section 26 (Public hearings) and subsection 4.19.080 (Variances), respectively.

Conditional use permits for hazardous materials facilities. Conditional use permit applications for hazardous materials facilities shall be subject to the additional review procedures identified subsection 3.17.090 (Hazardous materials facilities).

Finality of council's action and effective date. The action of the council shall become final upon the adoption of the resolution approving the conditional use permit. The decision of the council shall become effective upon the date that the department receives a signed statement from the conditional use permit permittee agreeing to all of the conditions of approval.

Required findings. The council shall make all of the following findings before granting a conditional use permit:

The proposed location of the conditional use is consistent with the requirements of the general plan and the zoning district in which the site is located;

The proposed location of the conditional use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or general welfare, nor would be materially injurious to properties or improvements in the vicinity; and

The proposed conditional use would comply with all applicable provisions of this zoning ordinance.

Conditional use permit approval attached to the property. A conditional use permit that is valid and in effect and granted in compliance with the provisions of this zoning ordinance shall be valid only on the property for which it was granted and shall continue to be valid upon change of ownership of the property or any lawfully existing structure on the property.

Pre-existing conditional use permits.

A conditional use legally established before effective date of this section, or before the effective date of subsequent zoning map amendments affecting the property supporting the conditional use, shall be allowed to continue; provided, the use is operated and maintained in compliance with the conditions prescribed at the time of establishment, if any.

Any alteration or expansion of a pre-existing conditional use, whereby the expansion or alteration exceeds 10% of existing floor area of the use or structure, shall be allowed only upon the granting of a new conditional use permit. Any alteration or expansion up to and including $2,500 in value, as determined by the city building official, shall not require a new conditional use permit.

Time limits for conditional use permits.

The permittee of a conditional use permit shall have 12 months from the effective date of the permit to establish a right to use the permit; otherwise, the conditional use permit shall lapse and become void. For the purposes of this section, the right shall be established if either:

A building permit has been issued and construction commenced and diligently pursued toward completion on the site for which the conditional use permit was approved;

In the event no building permit is required, a certificate of occupancy has been issued for the structure for which the conditional use permit was approved;

In the event no building permit or certificate of occupancy is required, the site for which the conditional use permit was approved is occupied and used for the allowed purpose; or

Before the date on which the conditional use permit will elapse, the permittee or the city files an application to extend the permit in compliance with subparagraph 3.

Notwithstanding the provisions of subparagraph 1., above, for conditional use permits granted for public utility installations, the council may establish a period of longer than 12 months.

A conditional use permit may be extended for additional 12 month periods, not to exceed three extensions by the director of community development (appealable to the city council) as necessary. Any further extensions beyond that period may be requested but will be subject to city council approval; provided, the application for extension is filed with the department at least 14 days before the expiration date.

The director (or the council on appeal) may approve or disapprove an application for extensions of a conditional use permit. As part of its action, the director (or council on appeal) may also modify existing conditions of approval or add new conditions to reflect any change in circumstances related to the conditional use permit and surrounding properties.

If any conditional use permit fails to be actively exercised for a continuous 180 day period, the permit shall lapse and become void.

Modification of a conditional use permit. Any proposal to modify, expand, or otherwise change an active conditional use permit shall be subject to the requirements identified in subsection 5.24.060 (Changes to an approved project).

Modifications, suspensions and/or revocations.

Initiation of review. The director may initiate review of any conditional use permit for the purposes of modifying, suspending, or revoking the permit at any time the director determines that the use for which the permit was issued is not being operated consistent with the conditions of approval of the conditional use permit; the use is being conducted and/or operated in a manner that constitutes a public nuisance in compliance with state law (California Civil Code Section 3480); the use for which the permit was originally issued has materially changed so that it has become a different use than for which the permit was originally issued; or it is discovered that the application contained incorrect, false, or misleading information.

Required findings. Upon the recommendation of the director, the council may unilaterally modify, suspend, or revoke a conditional use permit upon making any one of the following findings:

The use for which the permit was issued is not being operated consistent with the conditions of approval of the conditional use permit;

The use is being conducted and/or operated in a manner that constitutes a public nuisance in compliance with state law (California Civil Code Section 3480);

The application contained incorrect, false, or misleading information; or

The use for which the permit was originally issued has materially changed so that it has become a different use than for which the permit was originally issued.

Hearing on modification, suspension, or revocation.

Upon determining that the grounds for modification, suspension, or revocation exists as identified in this subsection, the director shall furnish written notice of the proposed modification, suspension, or revocation to the permittee. The notice shall summarize the principal reasons for the proposed modification, suspension, or revocation; and shall be delivered both by posting the notice at the location of the use for which the conditional use permit has been issued, and by sending the notice certified mail, postage prepaid, addressed to the permittee as that name appears on the conditional use permit application.

Within 10 calendar days after receipt of the notice of proposed action, the permittee may request a hearing by providing written notice of a request to the city clerk. The notice shall specify the grounds upon which the permittee contests the proposed action. In the absence of a timely hearing request, the proposed decision of the director shall be forwarded to the council along with the record containing the director's decision. Based on this record, the council shall either adopt the director's recommendation in its entirety, adopt the recommendation as modified, or reject the recommendation.

Within 10 calendar days of receiving a request for a hearing, the city clerk shall transmit to the permittee a list of five proposed qualified hearing officers as jointly recommended by the city attorney and director. Within 10 calendar days of the date the list of potential hearing officers has been mailed, the permittee shall return to the city the notice indicating that the permittee has either selected one of the proposed hearing officers or rejected all hearing officers. If the permittee rejects all the hearing officers, the permittee and the director shall, mutually select a hearing officer through Judicial Arbitration and Mediation Services, Orange County Office ("JAMS"). If a mutual selection cannot be made within five working days of the city's receipt of the permittee's notice that it has rejected all proposed hearing officers, the permittee and city clerk shall meet in person and each submit the names of three JAMS hearing officers, which names shall be placed in an opaque receptacle. The city clerk shall draw one name out of the receptacle which shall be the hearing officer for the appeal hearing. In either event, both parties shall equally split the cost for the hearing officer.

Once the hearing officer has been selected, the permittee shall be notified of the time and place of the hearing by personal service or via U.S. mail, postage prepaid, at least 15 calendar days in advance of the date set for the hearing. At the hearing, the permittee and the city shall be entitled to present relevant evidence, testify under oath, and call witnesses who shall testify under oath. The hearing officer shall not be bound by the statutory rules of evidence in the hearing, except that hearsay evidence may not be the sole basis for the determination of the hearing officer.

Within 15 days of the termination of the hearing, the hearing officer shall recommend that the council either adopt the director's recommendation in its entirety, adopt the recommendation as modified, or reject the recommendation. The recommendation of the hearing officer shall be forwarded by certified mail, postage prepaid to the permittee within three days of the hearing decision. The decision and the record of procedures shall also be forwarded to the council. The council shall meet within 30 days of the issuance of the hearing officer's recommendation and either adopt the proposed decision in its entirety, amend the decision, or reject the decision. The council's decision shall be based on the record of the hearing and shall be final. In the event that a judicial action is filed challenging the council's decision on a conditional use permit involving expression protected by the First Amendment, the status quo shall be maintained pending the superior court's decision on the challenge.

(Ord. No. 1062, § 2(Exh. A), 11-25-04; Ord. No. 1104, § 2, 5-26-09; Ord. No. 1131, § 2, 1-23-2012)

4.19.080 Variances.

Intent and purpose of subsection.

The variance procedure is provided in compliance with state law (Government Code Section 65906) to grant relief from applicable zoning provisions when, because of special circumstances applicable to a property, including location, shape, size, surroundings, or topography, the strict application of this zoning ordinance deprives the property of privileges enjoyed by other property in the vicinity and under the identical zoning district classification.

Variances shall not be granted to authorize a use or activity on a property which is not otherwise expressly authorized by the provisions of this zoning ordinance governing that property. A variance is not a substitute for a zoning map or zoning ordinance text amendment, or a conditional use permit.

Financial hardship in and of itself does not represent grounds on which to file a variance application to gain relief from applicable zoning provisions.

Special application requirements. In addition to the application filing requirements established in Section 18 (Applications, Processing, and Fees), the applicant shall file a statement of the precise nature of the variance requested and the practical difficulty or unnecessary physical hardship that would result from the strict or literal interpretation of this zoning ordinance, together with any other data pertinent to the application and the making of the required findings. (See subsection E.)

Proceedings.

Director's investigation. The director shall investigate the application and proposal, including the analysis of precedent cases as appropriate, and shall prepare a report outlining the facts and a recommendation relating to the application. The report shall be provided to the council and the applicant before any scheduled public hearing on the variance application.

Council proceedings.

A public hearing before the council shall be noticed and conducted in compliance with Section 26 (Public Hearings).

At the public hearing, the council shall review the application and proposal and may receive evidence concerning the proposed variance and the conditions which make compliance with specific provisions of this zoning ordinance difficult.

Within 21 days following the close of the public hearing, the council shall act to approve, approve in modified form, or disapprove the application. The action shall be by resolution of the council.

Finality of council's action and effective date. The action of the council shall become final upon the adoption of the resolution approving the variance. The decision of the council shall become effective upon the date that the department receives a signed statement from the variance permittee agreeing to any conditions that may be imposed upon the approval.

Required findings.

General. In granting a variance, the council shall first make the following findings:

The strict or literal interpretation and application of this zoning ordinance would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this subsection, or would deprive applicants of privileges granted to others in similar circumstances;

There are exceptional or extraordinary circumstances or conditions applicable to the property involved or the intended development of the property that do not apply generally to other property in the same zoning district;

The granting of the variance would not constitute the granting of a special privilege inconsistent with the limitations on other properties in the vicinity classified in the same zoning district;

The granting of the variance would not be materially detrimental to the public health, safety, or general welfare nor injurious to property or improvements in the zoning district or neighborhood in which the property is located; and

The granting of the variance would not create any inconsistency with any objective contained in the general plan.

Antennas. In granting a variance for the installation and operation of an antenna, the council shall review the criteria and make the additional findings contained in subsection 3.16.060 (Review and approval, exceptions, and enforcement).

Signs—Additional findings. In addition to the findings identified in subsection E (Required findings), the council shall make the following findings for the granting of a variance relating to signs:

The granting of the variance would not detract from the attractiveness or orderly appearance of the city or the surrounding neighborhood; and

The granting of the variance would not create a hazard to public safety.

Parking additional findings. In addition to the findings identified in subsection E (Required findings), the council shall make the following findings for the granting of a variance relating to off-street parking:

Neither present nor future anticipated traffic volumes generated by the use of the subject site would require the strict interpretation and/or application of the off-street parking regulations; and

The granting of the variance would not result in the parking or loading of vehicles on public streets in a manner that would likely interfere with the free flow of traffic on the streets.

Variance attached to the property. A variance that is valid and in effect and granted in compliance with the provisions of this zoning ordinance shall be valid only on the property for which it was granted and only for the improvements for which it is granted and further, shall continue to be valid upon change of ownership of the property or any lawfully existing structure on the property.

Time limit for implementing a variance.

The permittee of a variance shall have 12 months from the effective date of the approval to establish a right to use the approval; otherwise, the variance shall lapse and become void. For the purposes of this section, the right shall be established if either:

A building permit has been issued and construction commenced and diligently pursued toward completion on the site for which the variance was approved;

In the event no building permit is required, a certificate of occupancy has been issued for the structure for which the variance was approved;

In the event no building permit or certificate of occupancy is required, the site for which the variance was approved is occupied; or

Before the date on which the variance will elapse, the permittee or the city files an application to extend the permit in compliance with subsection (I)(2).

A variance may be extended for additional 12 month periods, not to exceed three extensions by the director of community development (appealable to the city council) as necessary. Any further extensions beyond that period may be requested but will be subject to city council approval; provided, the application for extension is filed with the department at least 14 days before the expiration date.

The director (or the council on appeal) may approve or disapprove an application for extension of a variance. As part of its action, the director (or council on appeal) may also modify existing conditions of approval or add new conditions to reflect any change in circumstances related to the variance and surrounding properties. Extensions for variances shall only be approved if associated with an extension for a development permit approval.

Revocations and/or modifications. A variance granted subject to conditions may be revoked or modified by the council if the permittee does not comply with the conditions. The director shall provide written notice of the pending revocation to the permittee via certified mail or other acceptable means of verifying delivery. Within 40 days of sending the notice, the council shall hold a public hearing noticed and conducted in compliance with Section 26 (Public Hearings) to consider the reasons for the revocation/modification. If not satisfied that the permittee is complying with the variance conditions, the council may revoke or modify the variance or take whatever action is necessary to ensure compliance.

(Ord. No. 1062, § 2(Exh. A), 11-25-04; Ord. No. 1104, § 3, 5-26-09; Ord. No. 1131, § 3, 1-23-2012)

4.19.090 Home occupation permits.

Purpose of subsection. This section provides a process for reviewing home occupation permit applications which are intended to allow for specified activities that are incidental and accessory to a residential use, are compatible with the surrounding neighborhood, and are deemed to cause minimal impact(s) on neighboring parcels, if conducted in compliance with the applicable locational and operational standards identified in subsection 3.17.100 (Home occupations).

Definitions.

Home occupation. A home occupation is any activity producing income, or intended to produce income, conducted entirely within a residential dwelling unit, and by the inhabitants of the dwelling, which use is clearly incidental and secondary to the use of the structure for residential purposes and which does not change the character of the dwelling.

Allowed home occupations. Any business activity allowed under this section, when conducted by the resident(s) of the dwelling in a manner accessory to and compatible with the residential characteristics of the surrounding neighborhood, and in compliance with the applicable locational and operational standards identified in subsection 3.17.100 (Home occupations).

Authority.

Permits required.

A home occupation shall not be established or operated in any manner without the prior approval, issuance, and maintenance of a valid home occupation permit.

An application for a home occupation permit shall be submitted for approval, conditional approval, modification, or disapproval before the establishment or operation of the proposed use.

A business license shall not be issued by the city until the director has approved and issued the home occupation permit.

Director's action. The director may approve home occupation permits, subject to the appeal provisions of Section 27 (Appeals).

Refer to council. The director may elect to defer action and refer the application to the council for final determination.

Prohibited home occupations. The following uses, either by operation or nature, are considered not to be incidental to or compatible with residential activities and therefore shall not be allowed as home occupation activities:

Any use that generates six or more additional vehicle trips per day;

Adult entertainment activities/businesses;

Animal hospitals and grooming facilities;

Automotive and other vehicle reconditioning, repair, servicing (body or mechanical), painting, storage, or upholstery;

Commercial cabinet or furniture making businesses (This does not include woodworking as a hobby activity.);

Commercial kennels;

Contractor's storage yards;

Dismantling, junk, or scrap yards;

Exercise studios;

10.

Medical clinics, laboratories, and offices;

11.

Repair, reconditioning, servicing, or manufacture of any internal combustion or diesel engines, including automobiles, boats, motorbikes, motorcycles, recreational vehicles, or trucks operating as a business;

12.

Sale of alcohol, explosives, hazardous products and/or wastes, firearms, and/or ammunition;

13.

Sales of home furnishing materials including carpeting, floor covering, tile, and other similar materials;

14.

Uses that require explosives or highly combustible or toxic materials;

15.

Welding and machine shop operations; or

16.

Other uses the director deems to be similar to those listed above, that could result in objectionable impacts on neighboring residentially zoned parcels (e.g., noise, increased pedestrian and vehicular traffic, etc.).

Application filing, processing, and review.

Filing. An application for a home occupation permit shall be filed with the city's business license department on forms supplied by the department. The applicant shall provide information required by the application and any additional information requested by the department to assist in the review of the application.

Contents. The application shall be accompanied by the information identified in the department handout for home occupation permit applications.

Home occupation permit and business license. Immediately following the effective date of an approved home occupation permit, when no appeal has been filed, the applicant shall obtain a business license.

Findings and decision. A home occupation permit application may be approved by the director, or by the council on appeal or referral, only if the following findings of fact can be made in a positive manner:

The requested home occupation:

Is allowed in compliance with subsection (B)(2);

Is not prohibited in compliance with subsection D (Prohibited home occupations);

Would be consistent with the actions, goals, objectives, and policies of the general plan and any applicable specific plan;

Would comply with the locational and operational standards identified in subsection 3.17.100 (Home occupations); and

Would be compatible with adjoining properties and the surrounding neighborhood, and would not alter the residential character of the property.

Approval of the requested home occupation:

Would ensure that the integrity of the respective residential zoning district would be preserved; and

Would not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or welfare of persons residing or working in the city.

Conditions of approval. In approving a home occupation permit the director may impose conditions (e.g., buffers, hours of operation, landscaping and maintenance, lighting, parking, property maintenance, signs, surfacing, time limits, traffic circulation, etc.) deemed reasonable and necessary to:

Compliance with chapter. Ensure compliance with the general purpose of this section, the actions, goals, objectives, and policies of the general plan, and any applicable specific plan;

Compliance with findings. Ensure that the approval would be in compliance with the findings required by subsection F., (Findings and decision), above;

Protect interests. Protect the best interests of the surrounding property or neighborhood;

Standards. Ensure compliance with the locational and operational standards identified in subsection 3.17.100 (Home occupations); and

Acknowledgment.

Ensure that the applicant acknowledges receipt, full understanding, and agreement with all of the conditions before issuance of the home occupation permit.

By signing the written acknowledgment, the applicant acknowledges acceptance of the benefits of the home occupation permit and agrees to waive any right to later challenge any condition(s) imposed as unfair, unnecessary, or unreasonable.

Inspections. The director shall have the right at any reasonable time, upon request, to enter and inspect the premises subject to a home occupation permit in order to verify compliance with the locational and operational standards identified in subsection 3.17.100 (Home occupations).

Post approval procedures. Procedures relating to appeals, changes, performance guarantee, revocation, and time extensions, as identified in article 5 (Zoning Ordinance Administration), shall apply following the approval of a home occupation permit.

Permit not transferable.

Not transferable. The home occupation permit is not transferable.

New resident. A new home occupation permit and business license, for the same or different home occupation conducted by a new resident, shall be obtained before conducting an allowed home occupation.

Original resident. A change in the type of home occupation activity (e.g., a change from one allowed activity to another allowed activity) conducted by the original resident/permittee shall also require a new home occupation permit and business license before conducting an allowed home occupation.

(Ord. No. 1062, § 2(Exh. A), 11-25-04)

4.19.100 Reasonable accommodation.

Purpose of subsection. The purpose of this subsection is to provide a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the federal Fair Housing Act and the California Fair Employment and Housing Act (collectively, the "Fair Housing Laws") in the application of zoning laws, building codes, and other land use regulations, policies, and procedures.

Applicability.

A request for reasonable accommodation may be made by any person with a disability, their representative, or a developer or provider of housing for the disabled, when the application of a zoning law, building code provision, or other land use regulation, policy, or practice denies a person equal access to housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment, or anyone who has a record of such impairment, as those terms are defined in the fair housing laws.

A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and/or use of housing or housing related facilities that is necessary to afford an individual with a disability an equal opportunity to housing. Requests for reasonable accommodation shall be made in the manner prescribed by this subsection and shall be approved only for the benefit of one or more individuals with a disability.

Where the improvements or modifications approved through a reasonable accommodation would generally require a variance, a variance shall not be required.

Application requirements.

Required submittals. In addition to the application filing requirements established in Section 18 (Applications, Processing, and Fees), the following information shall be provided by the applicant on a form supplied by the community development department:

Documentation that the applicant 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. Documentation may include a letter from a medical doctor or other licensed healthcare professional, a disabled license, or any other appropriate evidence;

The specific code section, regulation, policy or practice from which relief is sought and an explanation of why it is preventing, or will prevent, the use and enjoyment of the subject property by one or more individuals with a disability;

The specific exception or modification requested and an explanation of why it is necessary to provide one or more individuals with a disability equal access to housing;

Verification that the property is or will be the primary residence of the individual(s) for whom the reasonable accommodation is requested; and

Any other information that the director reasonably concludes is necessary to make the findings required by this subsection, consistent with fair housing laws.

Other discretionary permits. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval, then the applicant shall file the application submittal information together with the application for discretionary approval for concurrent review.

Fee. No fee shall be required for a request for reasonable accommodation, but if the project requires another permit, then the prescribed fee shall be paid for all other permits.

Authority.

Director. Requests for reasonable accommodation shall be reviewed by the director, or designee, unless another discretionary approval is sought for which the city council is the reviewing authority.

City council. Requests for reasonable accommodation shall be reviewed by the city council when they are submitted for concurrent review with another discretionary land use application for which the city council is the reviewing authority.

Proceedings.

Director's action. For requests reviewed by the director, the director shall issue a written determination within 30 days of the date of receipt of a complete application.

City council action. For requests reviewed by the city council, the processing procedures of the discretionary land use permit shall govern the joint processing of both the request for reasonable accommodation and the discretionary land use permit.

The reviewing authority's written decision shall set forth the findings in accordance with paragraph F (Findings), any conditions of approval, and notice of the right to appeal, if applicable.

Conditions of approval. The reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation complies with the findings required by this subsection.

Alternative reasonable accommodations. The reviewing authority may approve alternative reasonable accommodations that provide an equivalent level of benefit to the individual(s) with disabilities.

Appeals. If the director does not grant the reasonable accommodation request, or if the applicant disagrees with any conditions imposed on the granting of the reasonable accommodation, the applicant may file an appeal to the city council in compliance with section 27 (Appeals) including that the appeal be submitted in writing before 5:00 p.m. of the fourteenth (14th) day following the date the decision was rendered by the director. Decisions on reasonable accommodation requests made by the city council are final.

A reasonable accommodation is granted to an individual(s) and shall not run with the land. If the persons for which the accommodation were granted vacate the residence, the reasonable accommodation shall remain in effect only if the director determines that:

The modification is physically integrated on the property and cannot feasibly be removed or altered; or

The accommodation is necessary to give another disabled individual an equal opportunity to enjoy the dwelling. The director may request the applicant or their successor in interest to the property to provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within 30 days of the date of a written request by the city shall constitute grounds for discontinuance by the city of the previously approved reasonable accommodation.

Findings. A request for reasonable accommodation shall be approved, with or without conditions, if the review authority first finds, based upon all the evidence presented, all of the following:

The housing which is the subject of the request for reasonable accommodation will be occupied by one or more individuals with disabilities protected under fair housing laws;

The reasonable accommodation is necessary to make housing available to one or more individuals with a disability protected under the fair housing laws;

The requested accommodation will not impose an undue financial or administrative burden on the city; and

The requested accommodation will not require a fundamental alteration in the nature of the city's zoning or building laws, policies, and/or procedures.

(Ord. No. 1197, § 8, 6-27-2022)

4.19.110 Administrative site plan review.

Intent and purpose of subsection. The administrative site plan review is established to provide for the administrative review of projects which, because of their limited size and scope, have minor aesthetic, land use, or traffic implications and to not create any significant impact on public utilities or services. The administrative site plan review ensures that projects comply with all applicable city standards and ordinances, are not detrimental to the public health, safety, or welfare, or are materially injurious to properties or improvements in the immediate vicinity.

Applicability. Applications for administrative site plan review may be submitted only for those uses specified as requiring administrative site plan review in the applicable zoning district in Article 2 (Zoning Districts and Allowable Land Uses).

Authority.

Director. Applications for administrative site plan review shall be reviewed by the director, or designee, unless another discretionary approval is sought for which the city council is the reviewing authority.

City council. Applications for administrative site plan review shall be reviewed by the city council when they are submitted for concurrent review with another discretionary land use application for which the city council is the reviewing authority.

Proceedings.

Application requirements. An application for administrative site plan review shall be filed in compliance with section 18 (Applications, Processing, and Fees).

Director's action. For applications reviewed by the director, the director shall issue a written determination to approve, approve with conditions, or disapprove the administrative site plan review. A public hearing shall not be required prior to the director issuing a written determination.

City council action. For applications reviewed by the city council, the processing procedures of the discretionary land use permit shall govern the joint processing of both the administrative site plan review and the discretionary permit.

The reviewing authority's written determination shall set forth the findings in accordance with paragraph E (Findings), any conditions of approval, and notice of the right to appeal, if applicable.

Conditions of approval. The reviewing authority may impose any conditions of approval it deems reasonable and necessary to ensure that the application complies with the findings required by this subsection.

Appeals. If the director does not approve the application for administrative site plan review, or if the applicant disagrees with any conditions imposed on the approval, the applicant may file an appeal to the city council in compliance with section 27 (Appeals). Decisions on applications for administrative site plan review made by the city council are final.

Findings. An application for administrative site plan review shall be approved, with or without conditions, if the review authority first finds, based upon all evidence presented, all of the following:

The project complies with all applicable provisions of the municipal code;

The site is suitable for the particular use or development intended, and the total development, including the application of prescribed development standards, is arranged as to avoid traffic congestion, will not adversely affect public health, safety, and general welfare, will not have adverse effects on neighboring property, and is consistent with all elements of the general plan; and

The development design complies with all applicable objective design standards and is designed in a manner to mitigate to a reasonable extent adverse effects on neighboring properties, and will not be substantially detrimental to the health, safety, or general welfare of the city.

Administrative site plan review approval attached to the property. An administrative site plan review approval that is valid and in effect and granted in compliance with the provisions of this zoning ordinance shall be valid only on the property for which it was granted and only for the improvements for which it was granted and further, shall continue to be valid upon change of ownership of the property or any lawfully existing structure on the property.

(Ord. 1206, 11/13/2023)