A.
Purpose.
This chapter contains the procedures and regulatory provisions necessary
to administer this title in order to provide for land use consistency
with the general plan, regulate uses that have the potential to adversely
affect surrounding properties, promote a visually attractive community,
and provide flexibility in standards when special circumstances exist.
B.
Applications.
Applications for permits shall be made on forms provided by the director
and shall be accompanied by a fee, as established by council resolution.
Applications shall be made by the owner of the property and/or business
for which the permit is sought, or an authorized agent.
1.
Complete
Applications. Permit applications pursuant to this title must be accepted
as complete for processing by the director in order to initiate the
official review process. Applications shall include completed application
forms, plans prepared pursuant to specifications provided by the planning
director, documents, materials and all other information deemed necessary
by the planning director to allow complete analysis and evaluation.
The planning director shall maintain a list of all required application
materials and specifications, which may be amended from time to time
as deemed necessary and appropriate by the director.
2.
Review
for Completeness. The director shall review the application and determine
if it is complete for processing and shall notify the applicant of
such determination. In addition to the standard submittal requirements,
the director may request additional information necessary for the
complete analysis and evaluation of an application.
3.
Incomplete
Applications. If an application is determined not to be complete,
written notice shall be provided to the applicant specifying those
portions of the application that are incomplete. The notice shall
indicate the items necessary to make the application complete. The
applicant must supply the items within sixty days of the notice or
the application may be terminated. Upon receipt of the required items,
the director shall review the application for completeness.
4.
Application
Workshop. The purpose of the application workshop is to achieve better
projects through early consultation between city staff and applicants
prior to significant investment in the design of a project. The workshop
identifies issues that may arise during review of the projects (e.g.,
conformance with any applicable design guidelines, conformance with
the goals, policies, and objectives of the general plan and the purpose
and intent of any applicable specific plan, environmental requirements
and possible recommended mitigation measures, conditions of approval,
requirements for public improvements, and possible concerns from adjoining
neighborhoods).
a.
Applicability.
i.
Applicant. The application workshop shall be conducted if requested
by an applicant for a project that would require a discretionary land
use entitlement or a zoning map amendment.
ii.
Director. Where there is the existence of public controversy over
the effects of a project, the director may request an application
workshop requiring the attendance of the applicant and city staff.
b.
Procedures.
i.
Scheduling. An application workshop shall be conducted before the
application hearing.
ii.
Meeting. The application workshop shall be conducted at a meeting
in which the applicant for a project is in attendance and the applicable/responsible
city department staff are in attendance.
iii.
Applicable/Responsible Staff. The city manager, or designee
shall be invited. The director shall determine which city departments
shall participate. The director shall designate the staff person(s)
to be responsible for scheduling and conducting the application workshop.
The advisory architect shall attend and provide architectural commentary
on the project.
iv.
Disclaimer. Neither the application workshop nor information or pertinent
policies provided by the city departments shall be construed as a
city recommendation for approval or disapproval of the application/project.
c.
Administrative Guidelines. The planning director, or designee, shall
issue administrative guidelines for implementation of the application
workshop process.
C.
Reviewing Body and Appeal. Permit applications shall be considered and approved or denied by the reviewing body stated in this chapter for each permit type. Any decision of the director or planning commission regarding a permit application may be appealed to the city council within fifteen days of the decision as prescribed in Section 21.01.030(F). If no appeal is filed within fifteen days, the decision of the reviewing body shall be final. Decisions of the City Council shall be final and not subject to further administrative appeal. Appeals shall be considered, and public notice provided, in the same manner as the original decision.
D.
Conditions
of Approval. The reviewing body may impose upon a permit approval
such conditions as it deems necessary to ensure that the use and/or
improvements will be established, operated and maintained in accordance
with the findings required for the permit; and/or to protect the public
health, safety and welfare.
E.
Time
Limit. Any permit granted pursuant to the provisions of this chapter
is conditional upon the use and/or construction work beginning within
twenty-four months after the effective date of the approval or such
other period specified as a condition of approval. If the use or construction
work is not started within the required time and carried on diligently
to completion, the permit shall become void; however, the reviewing
body or director may extend the time limit in the case of unavoidable
delay. The applicant must submit a written request to the reviewing
body or director for a time extension at least thirty days before
the original time limit expires. Consideration of a time extension
does not require a public hearing even if a hearing was required for
the original permit.
F.
Amendment
or Modification. A request to modify a project authorized by a previously
approved permit, modify approved conditions of approval, or otherwise
amend a permit, except for time extension requests, shall be applied
for and considered in the same manner as the original permit.
G.
Revocation
or Imposed Modification.
1.
The
reviewing body may revoke a permit or impose modifications upon a
previously approved permit if it makes any of the following findings:
2.
The reviewing body shall hold a public hearing upon the question of the revocation or imposed modification. Notice of the hearing shall be given as prescribed in Section 21.01.030(E).
3.
The reviewing body shall take action by resolution either revoking or modifying the permit or allowing the permit to remain unchanged. The action of the reviewing body shall be final unless appealed as prescribed in Section 21.01.030(F).
H.
New
Applications Following Denial. Following the denial of an application,
no application for the same, or substantially the same, use or development
on the same, or substantially the same, site shall be filed within
one year from the date of denial.
I.
Building
Permits. No building permit shall be issued for any structure for
which a permit is required by this chapter until such permit has been
issued.
(Ord. 1618 § 1 Exh. A,
1993; Ord. 1648 §§ 3—5,
1996; Ord. 1836 § 4, 2006; Ord. 1984 § 2, 2014; Ord. 2081, 1/9/2024)
A.
Purpose.
One of the principal objectives of planning is to provide for the
proper location of all types of land uses. To accomplish this objective,
certain types of land use are classified as being permitted as a matter
of right in one or more of the various zones established in this title.
However, certain other types of land uses require special consideration
in a particular zone or in the city as a whole because of the size
of area needed for development of such uses; the traffic, noise, vibration,
toxic materials, emissions and other factors incidental to their operation;
special locational requirements; or the effect they may have on public
health, safety and welfare. Such uses, together with the conditions
that are imposed through the permit process, are designated as conditional
uses and shall be regulated by the provisions of this section.
B.
Reviewing
Body. Conditional use permit applications shall be considered by the
commission.
C.
Public Hearing. The reviewing body shall hold a public hearing on each application for a conditional use permit. Notice of the hearing shall be given as prescribed in Section 21.01.030(E).
D.
Action by Reviewing Body. The commission shall take action by resolution either granting or denying approval of the conditional use permit. The action of the commission shall be final unless appealed as prescribed in Section 21.01.030(F). When an application for a conditional use permit is processed in conjunction with another application for which council action is required, the commission shall take action by recommending either approval or denial of the application for a conditional use permit. The council shall take action by resolution either granting or denying approval of the application for a conditional use permit.
E.
Findings
for Approval. The reviewing body shall grant a conditional use permit
if all of the following findings are made:
1.
The
use is authorized by conditional use permit pursuant to this title;
2.
The
use is consistent with the general plan and other applicable plans;
3.
The
site can accommodate the development standards of this title or as
is otherwise required;
4.
The
site is adequately served by streets, utilities and other services,
facilities and improvements;
5.
The
use will not adversely affect the character and integrity of the area,
the utility and value of properties in the area and the health, safety
and welfare of the public.
F.
Conditions
of Approval. The reviewing body may impose such conditions as it deems
necessary to ensure that the use will be established, operated and
maintained in accordance with the findings required by this section.
In the case of an administrative conditional use permit upon the transfer
of ownership of a state-issued alcoholic beverage license, the reviewing
body may impose conditions that are consistent with the originally
issued conditional use permit.
G.
Issuance
of Permits. Upon the effective date of any conditional use granted
by the reviewing body, subject to the conditions of approval, the
conditional use permit shall be issued by the director. The effective
date shall be expiration of the fifteen-day appeal period or the date
upon which the council takes action on the application.
H.
Time
Limit. Any conditional use permit granted pursuant to the provisions
of this section is conditional upon the use and/or construction work
beginning within eighteen months after the effective date of the approval
or such other period specified as a condition of approval. If construction
work does not begin within the required time and carried on diligently
to completion, the conditional use permit shall become void; however,
the reviewing body may extend the time limit in the case of unavoidable
delay. The applicant must submit a written request to the reviewing
body for a time extension before the original time limit expires.
I.
Amendment.
Amendment of a conditional use permit, other than the time limit,
shall require filing of an application for a conditional use permit
as set forth in this section.
J.
Revocation
or Modification.
1.
The
reviewing body may revoke or modify a conditional use permit if it
makes any of the following findings:
2.
The reviewing body shall hold a public hearing upon the question of the revocation or modification. Notice of the hearing shall be given as prescribed in Section 21.01.030(E).
3.
The reviewing body shall take action by resolution either revoking or modifying the conditional use permit or allowing the permit to remain unchanged. The action of the reviewing body shall be final unless appealed as prescribed in Section 21.01.030(F).
K.
Administrative Conditional Use Permits. Subsection 21.02.020(B) through (J) shall apply except that "commission" shall mean "the director of planning and redevelopment." In addition, no notice shall be required to be published. A courtesy notice shall be mailed to all affected property owners within a radius of five hundred feet at least ten days prior to the director's decision date. When an application for an administrative conditional use permit is processed in conjunction with another application for which commission or council approval is required, the director shall take no action. The commission or council shall take action by resolution either granting or denying approval of the application for the administrative conditional use permit.
L.
Minor Conditional Use Permits. Subsections 21.02.020(B) through (J) shall apply except that "commission" shall mean "director." In addition, no notice shall be required to be published. A courtesy notice shall be mailed to all affected property owners within a radius of five hundred feet at least ten days prior to the director's decision date. When an application for a minor conditional use permit is processed in conjunction with another application for which commission or council approval is required, the director shall take no action. The commission or council shall take action by resolution either granting or denying approval of the application for the minor conditional use permit.
(Ord. 1618 § 1 Exh. A,
1993; Ord. 1648 § 6, 1996; Ord. 1735 §§ 1 and 2, 2001; Ord. 1775 §§ 7—10,
2003; Ord. 1836 §§ 5,
6, 2006; Ord. 1984 § 2,
2014)
A.
Purpose.
One of the principal objectives of planning is to provide for the
proper location of all types of land uses. To accomplish this objective,
certain types of land use are classified as being permitted as a matter
of right in one or more of the various zones established in this title.
However, certain other types of land uses require special consideration
in a particular zone or in the city as a whole because of the size
of area needed for development of such uses; the traffic, noise, vibration,
toxic materials, emissions and other factors incidental to their operation;
special locational requirements; or the effect they may have on public
health, safety and welfare, while not requiring the same level of
review as those uses requiring a conditional use permit. Such uses,
together with the conditions that are imposed through the permit process,
are designated as minor conditional uses and shall be regulated by
the provisions of this section.
B.
Reviewing
Body. Minor conditional use permit applications shall be considered
by the director.
C.
Public
Hearing. No public hearing shall be required. In lieu of the notice
required for a public hearing, a courtesy notice shall be mailed to
all property owners within a radius of five hundred feet at least
ten days prior to the director's decision date.
D.
Action by Reviewing Body. The director shall take action by resolution either granting or denying approval of the minor conditional use permit. The action of the director shall be final unless appealed as prescribed in Section 21.01.030(F). When an application for a minor conditional use permit is processed in conjunction with another application for which commission or council action is required, the director shall take no action. The commission or council shall take action by resolution either granting or denying the minor conditional use permit application.
E.
Findings
for Approval. The reviewing body shall grant a minor conditional use
permit if all of the following findings are made:
1.
The
use is authorized by conditional use permit pursuant to this title;
2.
The
use is consistent with the general plan and other applicable plans;
3.
The
site can accommodate the development standards of this title or as
is otherwise required;
4.
The
site is adequately served by streets, utilities and other services,
facilities and improvements;
5.
The
use will not adversely affect the character and integrity of the area,
the utility and value of properties in the area and the health, safety
and welfare of the public.
(Ord. 1984 § 2, 2014)
A.
Purpose.
Because of special circumstances applying to a particular property,
including size, shape, topography, location or surroundings, the strict
application of this title may deprive such property of privileges
enjoyed by other properties in the vicinity and under identical zoning
classification. Where such circumstances apply, state law empowers
the city to grant variances from the strict application of this title
as it applies to such properties.
B.
Reviewing
Body. Variance applications shall be considered by the commission.
C.
Public Hearing. The reviewing body shall hold a public hearing on each application for a variance. Notice of the hearing shall be given as prescribed in Section 21.01.030(E).
D.
Action by Reviewing Body. The commission shall take action by resolution either granting or denying approval of the variance. The action of the commission shall be final unless appealed as prescribed in Section 21.01.030(F). When an application for a variance is processed in conjunction with another application for which council action is required, the commission shall take action by recommending either approval or denial of the application for a variance. The council shall take action by resolution either granting or denying approval of the application for a variance.
E.
Findings
for Approval. The reviewing body shall grant a variance if all of
the following findings are made:
1.
Because
of special circumstances applicable to the property, including size,
shape, topography, location or surroundings, the strict application
of the zoning ordinance deprives such property of privileges enjoyed
by other property in the vicinity and under identical zoning classification.
2.
The
variance will not constitute a grant of special privileges inconsistent
with the limitations upon other properties in the vicinity and zone
in which such property is situated.
3.
The
variance will not adversely affect the character and integrity of
the area, the utility and value of properties in the area, and the
health, safety and welfare of the public.
4.
The
variance will be consistent with the general plan and other applicable
plans.
5.
The
variance will not authorize a use that is not otherwise expressly
authorized by the zone regulation governing the property.
F.
Conditions
of Approval. The reviewing body may impose such conditions as it deems
necessary to ensure that the variance will be used in accordance with
the findings required by this section.
G.
Issuance
of Permits. Upon the effective date of any variance granted by the
reviewing body, subject to the conditions of approval, the variance
shall be issued by the director. The effective date shall be expiration
of the fifteen-day appeal period or the date upon which the council
takes action on the application.
H.
Time
Limit. Any variance granted pursuant to the provisions of this section
is conditional upon construction work beginning within eighteen months
after the effective date of the approval of such other period specified
as a condition of approval. If construction work is not begun within
the required time and carried on diligently to completion, the variance
shall become void; however, the reviewing body may extend the time
limit in the case of unavoidable delay. The applicant must submit
a written request to the reviewing body for a time extension before
the original time limit expires.
I.
Amendment.
Amendment of a variance, other than the time limit, shall require
filing of an application for a variance as set forth in this section.
J.
Revocation
or Modification.
2.
The reviewing body shall hold a public hearing upon the question of the revocation or modification. Notice of the hearing shall be given as prescribed in Section 21.01.030(E).
3.
The reviewing body shall take action by resolution either revoking or modifying the variance or allowing the variance to remain unchanged. The action of the reviewing body shall be final unless appealed as prescribed in Section 21.01.030(F).
(Ord. 1618 § 1 Exh. A,
1993; Ord. 1648 §§ 3
and 4, 1997; Ord. 1775 § 11,
2003; Ord. 1984 § 2, 2014)
A.
Purpose.
This section provides procedures whereby development plans can be
approved with minor deviations from the zoning code.
B.
Reviewing
Body. Minor modification applications shall be considered by the director.
C.
Applicability.
Minor modifications shall apply to the following:
1.
Setbacks,
to reduce the minimum required by fifteen percent or less;
2.
Floor
area, to reduce the minimum required or increase the maximum permitted
by five percent or less;
3.
Antenna
development standards, to reduce the minimum required or exceed the
maximum permitted by fifteen percent or less;
4.
Fence
or wall height, to increase the maximum permitted by fifteen percent
or less;
5.
Parking
stalls, to reduce the minimum required by ten percent or less;
6.
Landscaping,
to reduce the minimum required by ten percent or less;
7.
Open space required pursuant to Section 21.04.020(D)(4) of this title, to reduce the minimum required by ten percent or less;
8.
Roof-mounted
mechanical equipment in a residential zone;
9.
Second
Floor to First Floor Area Ratio in a Hillside Area. To increase the
second floor to first floor area ratio up to eighty-five percent of
the first floor excluding a four hundred square foot attached garage.
D.
Public
Hearing. No public hearing shall be required. In lieu of the notice
required for a public hearing, a courtesy notice shall be mailed to
all property owners of adjacent properties and all properties within
a radius of one hundred feet at least ten days prior to the director's
decision date.
E.
Action by Director. The planning director shall approve or deny the application contingent on the making of findings pursuant to subsection F of this section. When an application for minor modification is processed in conjunction with another application for which the commission or council approval is required, the director shall take no action. The commission or council shall take action by resolution either granting or denying approval of the application for the minor modification.
F.
Findings.
All of the following findings shall be made in connection with a minor
modification:
1.
That
the modification will not adversely affect the character and integrity
of the area, the utility and value of properties in the area, and
the health, safety and welfare of the public;
2.
That
the modification will be consistent with the general plan and other
applicable plans;
3.
That
the modification will not authorize a use that is not otherwise expressly
authorized by the zone regulation governing the property.
G.
Conditions
of Approval. The reviewing body may impose such conditions as it deems
necessary to ensure that the modification will be used in accordance
with the findings required by this section.
H.
Issuance
of Permits. Upon the effective date of any minor modification granted
by the reviewing body the minor modification shall be issued by the
director. The effective date shall be the expiration of the fifteen-day
appeal period or the date upon which the council takes action on an
appeal of the decision of the reviewing body on an application.
I.
Affected
Property Owner. For the purposes of this section, "affected property
owner" shall mean the owner of a property contiguous to a property
for which a minor modification has been filed. Owners of property
located across a public or private street, and within one hundred
feet of a property for which a minor modification has been filed,
shall also be considered affected property owners.
(Ord. 1648 § 2, 1996; Ord. 1775 §§ 12—13,
2003; Ord. 1836 § 7, 2006; Ord. 1868 § 2, 2007; Ord. 1984 § 2, 2014)
A.
Purpose.
This section provides procedures whereby development plans can be
reviewed to ensure orderly development, aesthetic design, safe and
harmonious placement and to:
1.
Prevent
or minimize adverse impacts on property in the vicinity;
2.
Implement
the general plan and applicable specific plans;
3.
Protect
the public health, safety and welfare;
4.
Site
structures and other improvements in a manner that is in harmony with
the terrain and existing developments in the vicinity;
5.
Encourage
and promote energy-efficient design.
B.
Projects
requiring development plan review (the reviewing body is in parenthesis):
1.
Hillside
development (commission);
3.
Construction
of non-residential building area over five thousand square feet (commission);
4.
Planned
redevelopment (commission, council);
5.
Planned
development (commission, council);
6.
Civic
Center Area plan development, exclusive of permits for signage and
awnings (commission);
7.
Mobilehome
park overlay development (commission);
8.
Second
story construction for all single-family residential zones including
hillside lots (director);
9.
Non-residential
construction greater than two stories (commission);
10.
Mixed-Use development (commission);
11.
Temporary structures (commission);
12.
Relocated structures (commission);
13.
Tennis courts (commission);
14.
Public facilities located in residential zones (commission);
15.
Recycling facilities, except single-feed vending machines (director);
16.
Open space development (commission);
17.
Gated communities (commission council);
18.
Radio and television broadcasting antennae, private transmitting
antennae and satellite receiving antennae (director);
19.
Cantilevered decking (director).
C.
Reviewing Body. Development plan review applications shall be considered by the director, commission, or council as listed in subsection B. For those projects where both the commission and council are listed, the commission shall make a recommendation to the council and the council shall take action to approve or deny the application.
D.
Public Hearing. The reviewing body shall hold a public hearing on each application for a development plan review. Notice of the hearing shall be given as prescribed in Section 21.01.030(E) of this title, except that no notice shall be required to be published. A public hearing shall not be required when the director is the reviewing body. In lieu of a public hearing, a courtesy notice shall be mailed to all property owners within a radius of five hundred feet from the proposed project at least ten days prior to the director's decision date.
E.
Action by Reviewing Body. The reviewing body shall take action by resolution either granting or denying approval of the development plans. The action of the reviewing body shall be final unless appealed as prescribed in Section 21.01.030(F) of this title. When an application for a development plan review is processed in conjunction with another application for which final council action is required, the director shall take no action and the commission shall take action by recommending either approval or denial of the development plan. The council shall take action by resolution either granting or denying approval of the development plan.
F.
Findings
for Approval. The reviewing body shall grant approval of a development
plan if all of the following findings are made:
1.
The
use is authorized by development plan review pursuant to this title;
2.
The
use is consistent with the general plan and other applicable plans;
3.
The
site can accommodate the development standards of this title or as
is otherwise required;
4.
The
site is adequately served by streets, utilities and other services,
facilities and improvements;
5.
The
use will not adversely affect the character and integrity of the area,
the utility and value of properties in the area, and the health, safety
and welfare of the public.
G.
Conditions
of Approval. The reviewing body may impose such conditions as it deems
necessary to ensure that the project will meet the development standards
of the zone and the purpose and intent of this section.
H.
Time
Limit. Any development plan approved pursuant to the provisions of
this section is conditional upon construction work beginning within
eighteen months after the effective date of approval or such other
period specified as a condition of approval. If construction work
is not begun within the required time and carried on diligently to
completion, the development plans shall become void; however, the
reviewing body may extend the time limit in the case of unavoidable
delay. The applicant must submit a written request to the reviewing
body for a time extension before the original time limit expires.
I.
Amendment.
Amendment of an approved development plan, other than the time limit,
shall require the filing of an application for a development plan
review as set forth in this section.
J.
Revocation
or Modification.
2.
The reviewing body shall hold a hearing upon the question of the revocation or modification. Notice of the hearing shall be given as prescribed in Section 21.01.030(E) of this title, except that no notice shall be required to be published.
3.
The reviewing body shall take action by either revoking or modifying the development plan or allowing the development plan to remain unchanged. The action of the reviewing body shall be final unless appealed as prescribed in Section 21.01.030(F) of this title.
(Ord. 2017 § 2, 2017; Ord. 2050 §§ 3 ,4, 2020; Ord. 2081, 1/9/2024)
A.
Purpose.
This section provides procedures whereby a nonconforming lot that
cannot be developed or improved in conformance with the provisions
of this title due to the nonconforming condition of the lot, including
size, dimension, or configuration, may be granted a nonconforming
lot development plan review permit to allow the development or improvement
of the lot.
B.
Reviewing
Body. Nonconforming lot development plan review applications shall
be considered by the commission.
C.
Public Hearing. The planning commission shall hold a hearing on each application. Notice of the hearing shall be given as prescribed in Section 21.01.030(E) of this title.
D.
Action by Reviewing Body. The planning commission shall take action by resolution either granting or denying the application request. The action of the planning commission shall be final unless appealed as prescribed in Section 21.01.030(F) of this title. When an application is processed in conjunction with another application for which final council action is required, the commission shall take action by recommending either approval or denial of the application request, and the council shall take action by resolution either granting or denying application request.
E.
Findings
for Approval. The reviewing body shall grant approval of an application
request if all of the following findings are made:
1.
The
use is authorized pursuant to this title.
2.
The
use is consistent with the general plan and other applicable plans.
3.
Because
of the nonconforming condition of the lot, including size, dimension,
or configuration, the strict application of this title deprives such
property of privileges enjoyed by other property in the vicinity and
under identical zoning classification.
4.
The
lot will be adequately served by streets, utilities, and other services,
facilities, and improvements.
5.
The
development or improvement of the lot will not adversely affect the
character and integrity of the area, the utility and value of properties
in the area, and the health, safety, and welfare of the public.
6.
Approval
of the development or improvement of the lot will not constitute a
grant of special privileges inconsistent with the limitations upon
other properties in the vicinity and under identical zoning classification.
F.
Conditions
of Approval. The reviewing body may impose such conditions as it deems
necessary to ensure that the development or improvements of the lot
will not adversely affect the character and integrity of the area,
the utility and value of properties in the area, and the health, safety,
and welfare of the public.
G.
Issuance
of Permits. Upon the effective date of any permit granted by the reviewing
body, subject to the conditions of approval, the permit shall be issued
by the director. The effective date shall be the expiration of the
fifteen day appeal period or the date upon which the council takes
action on the application.
H.
Time
Limit. Any application request approved pursuant to this section is
conditional upon construction beginning within eighteen months after
the effective date of approval or such other period specified as a
condition of approval and carried on diligently to completion. If
construction has not commenced within the specified period and carried
on diligently to completion, the approval shall become void, unless
the reviewing body extends the specified period.
I.
Amendment.
Amendment of an approved application request, other than time limits,
shall require the filing of an application request as set forth in
this section.
J.
Revocation
or Modification.
2.
The reviewing body shall hold a hearing upon the question of the revocation or modification. Notice of the hearing shall be given as prescribed in Section 21.01.030(E) of this title.
3.
The reviewing body may take action by either revoking or modifying the approved application request. The action of the reviewing body shall be final unless appealed as prescribed in Section 21.01.030(F) of this title.
(Ord. 1712 § 3, 2000; Ord. 1984 § 2, 2014)
A.
Purpose.
These regulations provide a means whereby the city and property owners
can conclude agreements on proposed development plans for specific
property. The agreements assure property owners that development may
proceed in accordance with the terms and conditions of said agreements
and assures the city that the property will be developed in the manner
agreed to in the development agreement. Specifically, these regulations
are designed to achieve the following purposes:
B.
Applicability.
The city may enter into a development agreement with any owner of
property within the planning area for the development of such property
as provided for in this section.
C.
Application.
Applications for development agreements shall be made on forms provided
by the director and shall be accompanied by a fee, as established
by council resolution. Applications shall be made by the owner of
the property for which the development agreement is sought, or an
authorized agent.
D.
Contents.
Development agreements shall include the following:
1.
A
specified duration of the agreement;
2.
The
permitted uses of the property;
3.
The
density or intensity of use;
4.
The
maximum size and height of proposed structures;
5.
A
provision for the reservation or dedication of land for public purposes;
6.
A
provision that the conditions of the agreement are binding upon and
the benefits of the agreement inure to all successors in interest
to the parties of the agreement;
7.
A
provision for the periodic review of the agreement in accordance with
the procedures provided in this section;
8.
A
provision that construction shall be commenced within a specified
time and that the project or any phase be completed within a specified
time;
9.
Conditions,
terms, restrictions and requirements for subsequent discretionary
actions, provided such conditions, terms, restrictions or requirements
do not prevent the development of the land for the uses and the intensity
of development set forth in the agreement;
10.
Terms and conditions relative to applicant financing of necessary
public facilities and subsequent reimbursement over time.
E.
Concept
Plans. Concept plans shall consist of plans and narrative support.
1.
Plans
shall contain or illustrate the following:
a.
All proposed land uses;
b.
The relationship of proposed uses to existing and future uses of
abutting parcels;
c.
The location and sequence of each phase;
d.
A circulation and parking plan;
e.
Open space areas, including landscaping, parks, recreational facilities,
building restriction areas;
f.
The location of public and private easements.
2.
A
narrative text shall include, but not be limited to, the following:
a.
A general description of the project including the uses proposed,
building densities, heights, floor areas, parking ratios and similar
information;
b.
A legal description of the parcels involved;
c.
The proposed starting and completion date for the project and its
phases;
d.
A description of geological, seismic or other hazards and measures
to mitigate these;
e.
A statement of the relationship of the project to the general plan
and any applicable specific plan;
f.
Other such information that may be required to sufficiently describe
the proposed project.
F.
Action by Commission. The commission shall hold a public hearing on each application for a development agreement. Notice of the hearing shall be given as prescribed in Section 21.01.030(E) of this title. The commission shall recommend to the council approval, approval with modifications or denial.
G.
Action by Council. Upon receiving the recommendation of the commission, the council shall hold a public hearing. Notice of the hearing shall be given as prescribed in Section 21.01.030(E) of this title. The council shall take action either granting, with or without modifications or denying approval of the development agreement. Development agreements shall be approved by ordinance of the council.
H.
Findings
for Approvals. The commission shall recommend approval and the council
shall approve a development agreement if the following findings are
made:
I.
Designation
on Official Zoning Map. Upon approval of a development agreement or
an amendment, the property involved shall be identified on the official
zoning map by the designation DA followed by the dates of the duration
of the agreement. Said identification shall be removed from the official
zoning map upon cancellation or expiration of the development agreement
or upon completion in full of the agreement.
J.
Amendment
or Termination. A development agreement may be amended or terminated
by mutual consent of the parties to the agreement or their successors
in interest. Amendment or termination of a development agreement shall
be done in the manner provided in this section for recommendation,
action and approval.
K.
Recordation.
No later than ten days after the ordinance approving the development
agreement, amendment or termination becomes effective, the city clerk
shall record a copy of the agreement amendment or termination with
the county recorder.
L.
Review
Procedures. Development agreements shall be reviewed at least every
twelve months unless otherwise provided by ordinance. Such review
shall be conducted by the commission as follows:
1.
Prior
to the completion of twelve months from the date of the agreement
and to completion of each succeeding twelve-month period, the applicant
shall file a letter with the director requesting review of the agreement.
The letter shall be accompanied by plans and/or narrative description
containing the following:
a.
A report on the completion of any portion or phase of the agreement;
b.
The progress made toward completion of all other portions or phases
of the agreement;
c.
An explanation, with supporting information, of areas where adequate
progress has not been achieved and proposals for corrective action
to achieve adequate progress.
2.
On
receipt of the applicant's request for review, the director shall
schedule the matter for commission review within thirty days.
3.
The commission shall consider the application for review together with the report of the director at a public hearing. Notice of such hearing shall be given as prescribed in Section 21.01.030(E) of this title. If the commission determines on the basis of substantial evidence that the applicant has not complied in good faith with the agreement, the commission shall recommend to the council that the agreement be amended or terminated.
4.
If the commission recommends to the council that an agreement be amended or terminated, the council shall hold a public hearing. Notice of such hearing shall be given as prescribed in Section 21.01.030(E) of this title and shall be scheduled no later than forty-five days after receiving the recommendation of the commission.
5.
The
council shall take action either to continue the agreement as approved
or to amend or terminate the agreement on the basis of substantial
evidence that the applicant has not complied in good faith with the
agreement. Amendment or termination of the agreement shall be by ordinance
of the council.
(Ord. 1618 § 1 Exh. A,
1993; Ord. 1984 § 2, 2014)
Any application for a permit, which will result in the alteration, relocation or demolition of an historic resource or landmark, shall be subject to Section 21.03.050 of this title.
(Ord. 1618 § 1 Exh. A,
1993; Ord. 1984 § 2, 2014)
