The city council shall possess the following specific duties related to the administration of this title:
A. 
To render decisions on amendments to this chapter and rezonings, upon receipt of the recommendations of the planning commission.
B. 
To act on appeals of actions by the planning commission as specified in Section 17.56.100.
(Ord. 1749 § 4; Ord. 1762 § 16)
A. 
Duties. The planning commission shall possess the following specific duties related to the administration of this title:
1. 
To make recommendations on amendments to the regulations set forth in this chapter, and on proposed rezonings of property.
2. 
To act on requests for variances from the provisions of this title.
3. 
To grant and revoke use permits in any cases where use permits are required.
4. 
To act on appeals of the zoning administrator's interpretation of the regulations set forth in this chapter, and to act on appeals of decisions made by city staff members and advisory commissions as specified in Section 17.56.100.
B. 
Special Meetings. Special meetings may be called at any time by the chairperson of the planning commission, by 4 planning commissioners or by the zoning administrator. Written notice of the special meeting shall be provided, personally or by mail, to each planning commission member. In addition, written notice shall be provided to each local newspaper of general circulation, radio station and television station that has requested notice of planning commission meetings. The notice shall be delivered at least 24 hours before the meeting time that is specified in the notice. All provisions of Section 54956 of the Government Code shall apply to special meetings of the planning commission.
(Ord. 1749 § 4; Ord. 1762 § 17)
The zoning administrator shall possess the following specific duties related to the administration of this title:
A. 
Administration. To interpret, administer and enforce the provisions of this title in such a way as to carry out the intent and purpose of the general plan as set forth on the zoning map.
B. 
Permits. To grant and revoke administrative permits and other non-discretionary permits in any cases where such permits are required.
C. 
Zoning Clearances. To issue zoning clearances for uses that do not require a permit.
D. 
Interpretations Regarding Allowed Uses. To make interpretations regarding allowed uses of land, as provided in Section 17.08.090.
(Ord. 1749 § 4)
A. 
Required. The development review committee shall be made up of 2 planning commissioners, one serving as chairperson and the other as a committee member, along with the zoning administrator, chief building official, fire chief/fire marshal, director of public works, economic development manager, and director of parks and trees, and if necessary, director of business assistance and housing, and the police chief shall make up the development review committee. The applicant and/or their representative are encouraged to attend the DRC meeting.
The development review committee shall have one chairperson and one committee member represented by 2 planning commissioners. A planning commissioner shall serve for a period of 3 months or a quarter of the year as chairperson of the DRC, after which time the commissioner who was acting as a committee member shall replace the previous chairperson. A planning commissioner who was not previously assigned to the DRC will then fill the vacant committee member position. This rotation will give each planning commissioner an opportunity to conduct the development review committee meetings as a chairperson.
DRC meetings are open to the public but are not formally noticed.
B. 
Optional Advisory Members. The development review committee may also include other advisory members to participate in an advisory role. These advisory members shall be qualified by reason of training or experience in land development, city planning, public art, or structural design.
C. 
Duties of the Committee. The development review committee shall be responsible to meet, discuss, evaluate, and review all discretionary development applications and the designs of structures and other site improvement projects for multifamily dwelling units, commercial or industrial uses, and any new construction, or a remodel project of 25% or greater, of a single-family dwelling unit within the historic area or DH-O as specified in Chapter 17.52.
(Ord. 1749 § 4; Ord. 1787 § 2)
A. 
Membership. A historic advisory commissioner shall be appointed at the same time the individual is appointed to the planning commission by the city council.
1. 
The historic advisory commission shall consist of 7 members (the same individuals that sit as planning commissioners), each of whom shall serve at the pleasure of the city council. The term of each historic advisory commissioner will coincide with their term as a planning commissioner.
2. 
Members of the historic advisory commission shall be members of the planning commission. Members shall meet the qualifications established to sit as a planning commissioner.
B. 
Duties of the Commission. The historic advisory commission shall have the following duties:
1. 
To advise the city council of the historic nature and historic value of any landmarks and landmark sites proposed by property owners within DH-O districts.
2. 
To recommend specific guidelines, subject to city council approval, for designation and development of landmarks and landmark areas.
3. 
To promote and conduct educational and interpretational programs on historic properties within DH-O districts, subject to approval by the city council.
4. 
To provide the city council with an inventory of existing landmarks and landmark sites, as well as an inventory of possible future landmarks and landmark sites, within the city.
5. 
To provide the city council with an inventory of contributing and noncontributing features within existing DH-O districts.
6. 
To perform any other duties, responsibilities and functions enumerated in this chapter.
(Ord. 1749 § 4; Ord. 1790 § 2)
A. 
Conformance Required. All departments, officials, and public employees of the city vested with the duty and authority to issue permits or licenses shall conform to the provisions of this title, and shall issue no permit or license for uses, buildings, or purposes in conflict with the provisions of this title. Any such permit or license issued in conflict with the provisions of this title shall be null and void.
B. 
Enforcement by Zoning Administrator. The administration of this title shall be the responsibility of the zoning administrator, who is also designated as the agent of the historic advisory commission, planning commission, and city council for the purpose of issuing all zoning permits regulated by this chapter, such as use permits and variances, subject to the direction of the historic advisory commission, planning commission, and the city council.
C. 
Enforcement by Building Official. The enforcement of this title's provisions pertaining to the creation, construction, reconstruction, moving, conversion, alteration or addition to any building or structure within the city shall be the responsibility of the building official.
(Ord. 1749 § 4; Ord. 1790 § 2)
A. 
Public Nuisances. Any building or structure erected, moved, altered or maintained contrary to the provisions of this title, in addition to any use of land, building or premises established, conducted, operated or maintained contrary to the provisions of this title, is hereby declared a public nuisance.
B. 
Requirements for Abatement. Any person, firm or corporation violating or causing the violation of any of the provisions of this title may, upon actual or contra-active notice, be subject to prosecution and upon conviction the city attorney shall, upon order of the city council, immediately commence action or proceedings for the abatement and removal of any building or structure in the manner provided by law.
C. 
Remedies. The remedies provided herein shall be cumulative and not exclusive.
(Ord. 1749 § 4)
A. 
Filing a Complaint. When a violation of this title occurs or is alleged to have occurred, any person may file a written or oral complaint with the zoning administrator. This complaint shall state, in full, the cause and basis for the complaint. The complaint shall be immediately recorded, investigated and acted upon as provided in this chapter.
B. 
Notice. The alleged violator shall be notified in writing of the complaint. The notice shall indicate that the alleged violator has a right to be heard by the planning commission.
(Ord. 1749 § 4)
A. 
General. Whenever the public health, safety and welfare warrant it, the city council may by ordinance amend, supplement or change the regulations that this chapter establishes for the zoning of property, provided that the zoning code shall be consistent with the general plan. In the event that the zoning code becomes inconsistent with the general plan by reason of amendment of any portion of the general plan, the zoning code shall be amended within a reasonable time to remain consistent with the general plan.
B. 
Initiation. An amendment or rezoning may be initiated by:
1. 
Resolution of intention by the planning commission.
2. 
Resolution of intention by the city council.
3. 
A verified petition of one or more property owners affected by the proposed amendment, to be filed with the planning commission and accompanied by any fee established by resolution of the city council.
C. 
Planning Commission Hearings. The planning commission shall hold public hearings as required by law on any proposed amendment, rezoning, or prezoning. Notice of the time and place of the hearing shall be given at least 10 calendar days before the hearing in the following manner:
1. 
Notice shall be published at least once in a newspaper of general circulation within the city.
2. 
For the proposed rezoning and prezoning of real property, notice shall be mailed or delivered to all of the following:
a. 
The petitioners for rezoning or prezoning.
b. 
Anyone who has filed a written request for notice in the applicable calendar year.
c. 
The recorded owners of property to be rezoned or prezoned, and the recorded owners of any real property within 300 feet of the property to be rezoned or prezoned.
3. 
In the event that rezoning or prezoning would require notification of more than 1,000 owners, notice may instead be given to the owners in the following manner:
a. 
By placing a display advertisement of at least one-quarter page in a newspaper of general circulation within the city; or
b. 
By placing an insert with a generalized mailing sent by the city to the property owners.
4. 
Additional notice may be given in any other manner deemed necessary or desirable.
D. 
Planning Commission Recommendation. After the hearing on a proposed rezoning or prezoning, the planning commission shall submit its recommendation in written form to the city council. The recommendation shall include reasons for the recommendation, as well as a description of the relationship of the proposed chapter or amendment to the adopted general plan. The recommendation shall be transmitted to the city council in the form and manner specified by the city council.
E. 
City Council Action. The city council shall hold a public hearing to consider the matter and the recommendation of the planning commission. Notice of the time, place and purpose of the hearing shall be published in at least one regular issue of a newspaper of general circulation in the city at least 10 days before the hearing.
F. 
Determination. The city council may approve, modify or disapprove the recommendation of the planning commission, provided that the city council may modify or disapprove the planning commission's recommendation only upon majority vote of the whole council, in accordance with the provisions of Article IX of the City Charter.
(Ord. 1749 § 4)
When this chapter provides for an appeal of an action, the appeals process shall be as follows:
A. 
Appeals to Planning Commission.
1. 
If the applicant or any other person is dissatisfied with an action of the zoning administrator, city engineer, director of parks and trees, fire chief, or development review committee, and that action pertains to the requirements of this title, he or she may appeal, in writing, to the planning commission within 15 days after the action. If no appeal is filed, the action shall be final.
2. 
Within 45 days of the filing of an appeal, the planning commission shall hold a public hearing to consider the action and the appeal of that action. The planning commission shall render its decision within 30 days of the public hearing, and it shall provide immediate verbal notice of the decision. If the planning commission's decision is not appealed, the decision shall be final.
3. 
At the appeal hearing, the commission shall allow appellant up to 20 minutes to present his or her case, and another 10 minutes to deliver any rebuttal remarks.
B. 
Appeals to City Council.
1. 
If the applicant or any other person is dissatisfied with a historic advisory commission or planning commission action, he or she may appeal, in writing, to the city council within 15 days after the action. If no appeal is filed, the historic advisory commission or planning commission's action shall be final.
2. 
Within 45 days of the filing of an appeal, the city council shall hold a public hearing to consider the action taken by the planning commission and the appeal of that action. The city council shall render its decision within 30 days of the public hearing, and it shall provide immediate verbal notice of this decision. The decision shall be final.
3. 
At the appeal hearing, the city council shall allow appellant up to 20 minutes to present his or her case, and another 10 minutes to deliver any rebuttal remarks.
C. 
Form of Appeals. All appeals shall be submitted in a form established by the zoning administrator, accompanied by a fee established by resolution of the city council.
(Ord. 1749 § 4; Ord. 1790 § 2; Ord. 1854 § 1)
A. 
General. Whenever an application for a rezoning, prezoning, permit or variance has been denied as set forth in this chapter, no new application for the denied rezoning, prezoning, permit or variance shall be filed on any part of the property included in the denied application within one year from the date of the final decision on the denied application; provided, however, that a new application may be filed and accepted where a change of circumstances has occurred that might affect the outcome of the decision.
B. 
Hearing. The finding that relevant circumstances have changed enough to justify reconsideration of the denied application may be made by the planning commission only after a public hearing noticed and held in the same manner as the hearing for the denied application. A request for a special public hearing shall be accompanied by a fee established by resolution of the city council and a written explanation of the change of circumstances.
C. 
Appeals. The decision of the planning commission on the issue of change of circumstances shall be final, unless it is appealed as provided in Section 17.56.100. The city council may approve an appeal only upon finding, based on substantial evidence, that there has been a change of circumstances that might affect the outcome of the decision.
(Ord. 1749 § 4; Ord. 1762 § 18)
If any provision of this title or the application of this title to any person or circumstance is held invalid, the remainder of this title or the application of a provision to other persons or circumstances shall not be affected.
(Ord. 1749 § 4)