This chapter establishes the procedures for the preparation, filing, and processing of applications for planning permits and other entitlements regulated by this Zoning Code.
(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)
The Director shall coordinate the review for all planning permit applications for new uses and development. Table 17.100.020-1: Planning Processes/Permits and Review Authority, identifies the types of planning permits authorized by this Zoning Code, and the Review Authority responsible for reviewing and making decisions on each type of planning application. For an appeal, public noticing is required if public noticing was required for the initial review. If public noticing was not required for the initial review, public review may be required for the appeal at the discretion of the Director.
Table 17.100.020-1: Planning Processes/Permits and Review Authority | |||||
|---|---|---|---|---|---|
Permit Type | Advisory Body | Review Authority | Hearing | Public Notice | Appeal Authority |
Administrative (Ministerial) Actions | |||||
Determination of Public Convenience or Necessity (PCN) (See § 17.84.060, Alcoholic Beverage Sales) | Staff | Director1 | No | No | Planning Commission |
Zoning Clearance | Staff | Director | No | No | Planning Commission |
Interpretations/Zoning inquiry/Determinations | Staff | Director | No | No | Planning Commission |
Pre-Application Review | Staff | n/a | No | No | n/a |
Temporary Use Permit | Staff | Director | If CEQA required or referral | If CEQA required or referral | Planning Commission |
Development Review Tier 1: Minor | Staff | Director | No | No | Planning Commission |
Development Review Tier 2: Major | Staff | Director | No | No | Planning Commission |
Sign Permit, Permanent Sign | Staff | Director | No | No | Planning Commission |
Modification to an Approved Discretionary or Administrative Permit, Minor | Staff | Director | No | No | Planning Commission |
Minor Modification | Staff | Director | No | No | Planning Commission |
Discretionary Actions | |||||
Appeals | Director | Planning Commission | Yes | Yes | Planning Commission |
Conditional Use Permit | Director | Planning Commission | Yes | Yes | Planning Commission |
Development Review Tier 3 | Director | Zoning Administrator or Planning Commission | If requested | Yes | Zoning Administrator or Planning Commission |
Zoning Administrator Permit | Staff | Zoning Administrator | If requested | Yes | Zoning Administrator |
Modification to an Approved Discretionary Permit, Major | Director | Review Authority of original permit | Same as original permit | Same as original permit | Review Authority of original permit |
Variance | Director | Zoning Administrator | Yes | Yes | Zoning Administrator |
Revocation of Permit | Director | Review Authority of Original Permit | Yes | Yes | Review Authority of Original Permit |
General Plan Text and Map Amendments | Planning Commission | City Council | Yes | Yes | City Council |
Zoning Text and Map Amendments | Planning Commission | City Council | Yes | Yes | City Council |
Planned Development | Planning Commission | City Council | Yes | Yes | City Council |
Development Agreements | Planning Commission | City Council | Yes | Yes | City Council |
Reasonable Accommodation for Persons with Disabilities | Staff | Director | No | No | Director |
Master Sign Program | Staff | Director | No | No | Director |
Public Art (See § 17.64.040, Public Art) | Director | Review Authority of original permit | Same as original permit | No | Review Authority of original permit |
Demolition Permit Subject to Woodland Municipal Code Chapter 15.24, Historical Landmarks, Districts and Resources | Director | Planning Commission | Yes | Yes | Planning Commission |
Note: | |
|---|---|
1 | Unless a CUP is required, in which case refer to Conditional Use Permit in this table. |
(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)
A.
Purpose. This section establishes procedures for conducting a zoning or use clearance to verify that each new, modified or expanded use, activity, building, or structure complies with any applicable policies or standards of the General Plan, all of the applicable provisions of this Zoning Code, and any operative plans or conditions of approval the City has granted previously.
B.
Applicability. A Zoning Clearance is required for buildings or structures erected, constructed, altered, repaired, or moved, the use of vacant land, changes in the character of the use of land or a building or structure, or for substantial expansions in the use. Zoning Clearance is conducted as part of the Building Permit (see § 17.100.130, Building Permit) or other City application review and is required to confirm that the establishment of a new use is permitted as a matter of right and that no other entitlements are required prior to securing a tax certificate; issuance of a Grading Permit, Building Permit, or Sign Permit; and commencing operations. Zoning Clearance is required for the following actions:
1.
All buildings or structures that require a Building Permit;
2.
Signs;
3.
Business licenses;
4.
All planning entitlement and permit approvals to ensure compliance with applicable conditions of approval; and
5.
All other City applications that may be subject to the provisions of this Zoning Code, including, but not limited to, tree removal, encroachment, and grading and improvement plans.
C.
Zoning Clearance Application. No separate application form is necessary for Zoning Clearance.
D.
Review Authority. The Director shall be the designated approving authority for Zoning Clearance.
E.
Clearance Determination Requirements. The Director may request that the Zoning Clearance determination request be accompanied by a written narrative, operational statement, plans, and other related materials necessary to show that the proposed use, development, or alteration of the site complies with all applicable provisions of this Zoning Code. The Director may require attachments of other written or graphic information, including a site plan.
F.
Determination. Zoning Clearance shall be granted if the Director determines that the proposed use, building, or structure is allowed as a matter of right by this Zoning Code and conforms to all the applicable development and use standards of this Zoning Code, Development Review, Use Permit, or other discretionary land use approval and that all conditions of such permits and approvals have been satisfied. An approved Zoning Clearance may include attachments or other written or graphic information, including, but not limited to, statements, numeric data, site plans, floor plans, building elevations and sections, as a record of the proposal's conformity with the applicable regulations of this Zoning Code.
(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)
A.
Purpose. The Development Review procedure is established to ensure that new development supports the goals and objectives of the General Plan and other adopted plans and guidelines and is in compliance with applicable provisions of the Zoning Code. The specific purposes of development review are to:
1.
Promote excellence in site planning and design and the harmonious appearance of buildings and sites;
2.
Ensure that new and modified uses and development will be compatible with the existing and potential development in the area;
3.
Ensure the preservation of natural landforms and existing vegetation;
4.
Protect historic resources and ensure compatibility with historic districts or adjacent resources; and
5.
Supplement other City regulations and standards in order to ensure control of aspects of design that are not otherwise addressed.
B.
Applicability. Development Review is required for all projects that require a permit for new construction, reconstruction, rehabilitation, alteration, or other improvements to the exterior of a structure, site, or landscaping or parking area except for:
1.
Projects where there is no exterior building or site modifications, including openings, or where replacement of exterior materials are with the same materials;
2.
Additions, construction, reconstruction, alterations, improvements, and landscaping that are consistent with previously approved entitlement and development review approval; and/or
3.
Single family and duplex landscaping unless part of a residential subdivision approval. (See also the Woodland Municipal Code Section 12.48.130, Tree preservation of established trees, heritage oak trees, specimen trees and landmark trees as part of development projects or on vacant/undeveloped commercial and residential property.)
C.
Assignment of Development Review Responsibilities.
1.
The Director is the Review Authority for Development Review Tiers 1 (see § 17.100.050, Development Review Tier 1) and 2 (see § 17.100.060, Development Review Tier 2).
2.
The Director may refer Tier 2 applications directly to the Planning Commission when it is determined the public interest would be better served by the Planning Commission conducting the development review.
3.
Either the Zoning Administrator or Planning Commission shall have development review authority for those Tier 3 Development Review applications that are combined with projects requiring discretionary entitlement approval by the Zoning Administrator (such as Zoning Administrator Permit or Minor Exception) or Planning Commission (such as Conditional Use Permit, Variance, Planned Development, or projects where Development Review is referred to the Planning Commission for review).
D.
Procedures.
1.
Application. A qualified applicant shall submit an application for Development Review on a form prescribed by the Director as prescribed in § 17.96.020, Application Forms and Fees.
2.
Design Standards. All projects shall be consistent with the applicable design standards and guidelines, which are intended to promote high-quality design, well-crafted and maintained buildings and landscaping, the use of high-quality building materials, and attention to the design and execution of building details and amenities in both public and private projects.
E.
Development Review Considerations. Development review shall be based on application of the requirements of this Zoning Code applied to the design of the site plan, structures, landscaping, and other physical features of a proposed project, including, but not limited to:
1.
Building proportions, massing, and architectural details;
2.
Site design, orientation, location, and architectural design of buildings relative to the public way, existing structures on or adjacent to the property, topography, and other physical features of the natural and built environment;
3.
Size, location, design, development, and arrangement of on-site parking and other paved areas;
4.
Pedestrian, bike, and transit connections and facilities;
5.
Exterior materials and, except in the case of the review of a single-family residence, color as they relate to each other, to the overall appearance of the project, and to surrounding development;
6.
Height, materials, design, fences, walls, and screen plantings;
7.
Location and type of landscaping including selection and size of plant materials, and design of hardscape;
8.
Size, location, design, color, lighting, and materials of all signs; and
9.
Sustainable design, heat resilience, and consistency with the City's Climate Action Plan goals and policies.
F.
Findings. The Review Authority must make the following findings in order to approve Development Review for a project subject to administrative or discretionary approval:
1.
The project is in conformance with the General Plan and Zoning Code;
2.
The project is in conformance with applicable design and development standards;
3.
If discretionary, the project is categorically exempt under or consistent with CEQA or other applicable environmental documents have been certified as complete and adequate;
4.
Adequate utilities, access roads, drainage, sanitation, and/or other necessary facilities will be in place;
5.
The project is consistent with or enhances the surrounding neighborhood, existing site improvements, quality, and safety;
6.
The project design is appropriate to the function of the project and the project's operating characteristics minimize potential negative impacts and land use conflicts; and
7.
The project will not be detrimental to the public health, safety, and general welfare.
(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)
A.
Purpose. Development Review Tier 1 provides a staff-level administrative review process. Development Review Tier 1 is intended to promote attractive, compatible architectural design, protect views, and preserve natural landforms and existing vegetation as identified below.
B.
Applicability.
1.
Development Review Tier 1 applies to the following uses and improvements; similar uses and improvements; and uses and improvements indicated throughout this Zoning Code as requiring Development Review Tier 1:
a.
New single-unit or duplex residential project.
b.
Small additions, gates installed in driveways, expanded, or updated landscape areas, remodels, and accessory structures less than 1,200 gross square feet in mixed-use, commercial, or employment zones.
c.
Accessory dwelling units over 800 square feet gross floor area up to 1,000 square feet, subject to § 17.84.030.E.3, ADU Permit Review.
d.
Accessory structures (not dwelling units) larger than 120 square feet but less than 800 square feet gross floor area or over 12 feet in height in residential zones.
e.
Façade improvements or site alterations that are not visible from the right-of-way or that are up to 500 square feet in gross floor area. This includes exterior materials and, except in the case of development review of a single-family residence, color as they relate to each other, to the overall appearance of the project, and to surrounding development.
f.
Exceptions to fence standards as provided in § 17.64.030.D, Fence, Wall and Hedge Height and Placement.
g.
Modifications to existing landscaping or parking lots for existing commercial, multifamily, mixed-use, or employment projects that do not disturb existing trees.
h.
Other development improvements presenting similar impacts as determined by the Director.
i.
Nonstructural modifications (e.g., paint, in-kind window replacement, awnings) to buildings within the National Register Historic Downtown District or to designated historical resources outside of the Historic District.
j.
Stand-alone tree plan review.
2.
The Director may waive the requirement for projects subject to Development Review Tier 1 when the project does not involve exterior building or site modifications, and/or when it can be determined that the modifications would be consistent with the previously approved entitlement for the site or use.
(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025; Ord. 1743, 10/7/2025)
A.
Purpose. Development Review Tier 2 provides a staff level administrative review process for projects that are permitted but are more complex or larger in scope and scale than Tier 1 projects, that are visible from public view, or that may significantly change the design of the original structure or landscaping.
B.
Applicability.
1.
Development Review Tier 2 applies to projects that possess locational, structural, historic, traffic, or operating characteristics requiring special consideration in order to ensure compatibility with neighboring properties. This includes the following projects; similar projects; and projects indicated throughout this Zoning Code as requiring Development Review Tier 2:
a.
New nonresidential buildings;
b.
Exterior modifications or site alterations for nonresidential buildings and structures, visible from the right-of-way and/or over 500 square feet in gross floor area;
c.
New residential projects over two units, including small lot subdivisions;
d.
The exterior remodel of multifamily residential buildings or structures;
e.
New landscaping, or significantly revised (greater than 60%) existing commercial, industrial, or multifamily landscaping, including the potential removal of existing trees;
f.
Accessory structures (not dwelling units) over 800 gross square feet in floor area and accessory structures over 1,200 gross square feet in floor area in mixed-use, commercial, or employment zones; and
g.
Projects previously reviewed under an entitlement process that requires staff level review of the site and architectural design.
2.
The Director may refer a Tier 2 Development Review application to the Planning Commission to act as the approval body (no public notice as required by § 17.96.080, Public Notice) when in their opinion the public interest would be better served by having the Planning Commission conduct the Development Review.
(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025; Ord. 1743, 10/7/2025)
A.
Purpose. Development Review Tier 3 provides a discretionary review process for those projects that are complex in nature, or that may have a concurrent discretionary entitlement review or impact a potentially significant historic resource. Development Review Tier 3 is also intended to promote attractive, compatible architectural design, protect views, and preserve natural landforms, historic resources, and existing vegetation.
B.
Applicability. Development Review Tier 3 applies to those projects that are complex in nature and that may have a concurrent discretionary entitlement review or which impact a potentially significant historic resource as well as projects that possess locational, structural, traffic, or operating characteristics requiring special consideration in order to ensure compatibility with neighboring properties. This includes the following projects; similar projects; and projects indicated throughout this Zoning Code as requiring Development Review Tier 3:
1.
Projects referred from the Director which will be reviewed administratively by the Review Authority and not as a discretionary entitlement review;
2.
Projects where conditions of approval require the Zoning Administrator or Planning Commission to be the Review Authority;
3.
Concurrent processing of projects that require a Zoning Administrator Permit (see § 17.100.090, Zoning Administrator Permit), Conditional Use Permit (see § 17.100.100, Conditional Use Permit), Variance (see § 17.100.120, Variance), or any other discretionary approval;
4.
Accessory dwelling units between 1,000 and 1,200 square feet, subject to § 17.84.030.E.6, ADUs and Discretionary Approval.
5.
New buildings, demolitions, or structural modifications to buildings in the National Register Historic District, or modification, alteration, or demolition of a designated historic resource outside of a Historic District.
C.
Conditions of Approval. The Approval Authority may approve, approve with conditions, or deny an application for a Development Review Tier 3 Permit.
(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)
A.
Purpose. A Temporary Use Permit (TUP) provides a process for the review and approval of certain uses that are intended to be of limited duration of time and that will not permanently alter the character or physical facilities of the site where they occur, nor prevent development of future uses.
B.
Applicability.
1.
A Temporary Use Permit is required for any temporary uses that are not otherwise permitted in the base zone regulations.
2.
A Temporary Use Permit is required for temporary uses as described in § 17.84.370, Temporary Uses.
3.
If the Director determines that a temporary use is likely to result in significant environmental impacts the Temporary Use Permit shall be processed as a Zoning Administrator Permit application pursuant to § 17.100.090, Zoning Administrator Permit or a Conditional Use Permit application, pursuant to § 17.100.100, Conditional Use Permit.
C.
Review Authority. The Director shall approve, conditionally approve, or deny applications for Temporary Use Permits. The Director may refer a Temporary Use Permit to the Planning Commission if the Director finds that the temporary use may have substantial potential effects that warrant additional public notification and review.
D.
Temporary Use Permit Application Requirements. A qualified applicant shall submit an application for a Temporary Use Permit on a form prescribed by the Director as prescribed in § 17.96.020, Application Forms and Fees. An application must be submitted at least 30 days before the temporary use is intended to begin.
F.
Findings. The Director may approve an application for a Temporary Use Permit upon making the following findings.
1.
The proposed temporary use will not unreasonably affect adjacent properties, their owners and occupants, or the surrounding neighborhood, and will not in any other way constitute a nuisance or be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the area of such use or to the general welfare of the City;
2.
The proposed temporary use will not unreasonably interfere with pedestrian or vehicular traffic or circulation in the area surrounding the proposed use; and
3.
The proposed temporary use will not create a demand for additional parking that cannot be safely and efficiently accommodated by existing parking areas or a parking management plan.
G.
Operating Requirements. The Director may approve, approve with operating requirements, or deny an application for a Temporary Use Permit.
(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)
A.
Purpose. A Zoning Administrator Permit (ZAP) provides a process for the review of uses that generally meet the purposes of the applicable district but which require special consideration in their design or operation to ensure compatibility with surrounding uses. The Zoning Administrator Permit review is a discretionary action that may require CEQA review and/or other mitigation, habitat mitigation, and the application of critical conditions of approval. The purpose of a Zoning Administrator Permit is also to:
1.
Consider the relationship of the use or project to the neighborhood and community as a whole;
2.
Determine if the project's use and location is compatible with the types of uses that are normally permitted in the surrounding area;
3.
Consider the compatibility of the proposed use with the site's characteristics;
4.
Evaluate the adequacy of services and facilities for the proposed use;
5.
Provide an opportunity for public review and comment on the proposed use when appropriate;
6.
Allow for consideration of requested exceptions from required design standards;
7.
Ensure State CEQA, biological, cultural, and other critical reviews are conducted as needed; and
8.
Identify and apply conditions and requirements necessary to comply with the basic purposes of this Zoning Code, the General Plan, and any applicable plans or regulations.
B.
Applicability. A Zoning Administrator Permit applies to the uses and activities identified in Division II, Zone Regulations.
C.
Zoning Administrator Permit Application Requirements. A qualified applicant shall submit an application for a Zoning Administrator Permit on a form prescribed by the Director as prescribed in § 17.96.020, Application Forms and Fees.
D.
Public Notice and Hearings.
1.
A public notice shall be mailed in compliance with § 17.96.080, Public Notice, and/or the Director may require the site to be posted with a notice consistent with the requirements provided in § 17.96.080.C, Posted Notice.
2.
If no significant comments or concerns are received the item will be acted on by the Zoning Administrator. If public comment, concerns, or issues are received, a public hearing shall be scheduled, the Director shall prepare a staff report, and the Zoning Administrator shall hold a public hearing with appropriate public notice, prior to final action on the application.
E.
Conditions of Approval. The Zoning Administrator may apply reasonable conditions of approval to assure compliance with applicable regulations and standards.
F.
Approval Applies to Land. Any Zoning Administrator Permit approval shall run with the land and shall continue to be valid for the time period specified, whether or not there is a change of ownership of the site or structure to which it applies. Zoning Administrator Permit approval cannot be transferred to another site.
G.
Referral to Planning Commission. The Zoning Administrator may refer a Zoning Administrator Permit application to the Planning Commission. Such referral shall be at the discretion of the Zoning Administrator and shall be dependent upon policy implications, unique or unusual circumstances, adjacency to sensitive uses, the magnitude of the project, the need for certification of an environmental document, or other factors determined by the Zoning Administrator to warrant Planning Commission review.
H.
Findings. The Zoning Administrator may approve or conditionally approve a Zoning Administrator Permit if the following findings can be made:
1.
The proposed use is consistent with the General Plan;
2.
The proposed use is consistent with the purposes of the Zoning Code, and the purposes of the applicable zone;
3.
The site is physically suitable for the type, density, intensity of the use being proposed, including access, utilities, and the absence of physical constraints;
4.
The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity including transportation and service facilities;
5.
Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located; and
6.
The proposed project has been reviewed in compliance with CEQA.
(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)
A.
Purpose. A Conditional Use Permit (CUP) provides a public review process for discretionary review of proposed uses and activities that require special consideration by the Planning Commission to ensure that their effects are compatible with locational, use, structural, traffic, and/or the characteristics of neighboring properties and the community. This discretionary review process is intended to ensure land use compatibility and mitigate potential impacts or conflicts that could otherwise result from the proposed use. A Conditional Use Permit also serves the following purposes:
1.
To consider the relationship of the use or project to the neighborhood and community as a whole;
2.
To determine if the project's use and location is compatible with the types of uses that are normally permitted in the surrounding area;
3.
To consider the compatibility of the proposed use with the site's characteristics;
4.
To evaluate the adequacy of services and facilities for the proposed use;
5.
To provide an opportunity for public review and comment on the proposed use; and
6.
To identify conditions and requirements necessary to comply with the basic purposes of this Zoning Code, the General Plan, and any applicable plans or regulations.
B.
Applicability. A Conditional Use Permit applies to the uses and activities identified in Division II, Zone Regulations.
C.
Conditional Use Permit Application Requirements. A qualified applicant shall submit an application for a Conditional Use Permit on a form prescribed by the Director as prescribed in § 17.96.020, Application Forms and Fees.
D.
Public Notice and Hearing. A public hearing notice shall be mailed in compliance with § 17.96.080, Public Notices. The applicant shall be responsible for posting the site consistent with a format provided by the City and shall provide verification of such posting. A public hearing will be scheduled prior to final action on the application.
E.
Conditions of Approval. The Planning Commission may apply reasonable conditions of approval to assure compliance with applicable regulations and standards.
F.
Approval Applies to Land. Any Conditional Use Permit approval shall run with the land and be valid, whether or not there is a change of ownership of the site or structure to which it applies. Conditional Use Permit approval cannot be transferred to another site.
G.
Modification. A requested modification to an approved Conditional Use Permit may be considered by the Director or final Review Authority consistent with § 17.96.140, Modifications to an Approved Permit.
H.
Findings. The Planning Commission may approve or conditionally approve a Conditional Use Permit if the following findings can be made:
1.
The proposed use is consistent with the General Plan;
2.
The proposed use is consistent with the purposes of the Zoning Code, and the purposes of the applicable zone;
3.
The site is physically suitable for the type, density, intensity of the use being proposed, including access, utilities, and the absence of physical constraints;
4.
The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity including transportation and service facilities;
5.
Granting the Conditional Use Permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located; and
6.
The proposed project has been reviewed in compliance with CEQA.
(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)
A.
Purpose. The purpose for a Minor Modification is to establish a means of granting relief from the requirements of this Zoning Code when doing so would be consistent with the purposes of the Zoning Code. It allows the Director, or appropriate Review Authority if combined with other permit requests, to grant minor modifications to the development standards provided in Table 17.100.110-1: Types of Minor Modifications.
B.
Applicability. A Minor Modification applies only to the modifications identified in Table 17.100.110-1: Types of Minor Modifications, from the requirements of this Zoning Code.
Table 17.100.110-1: Types of Minor Modifications | |
|---|---|
Types of Minor Modifications | Maximum Modification |
An increase in lot coverage | 10% |
Lot area, width, or depth | 10% (applicable on an individual lot, or to an overall subdivision) |
A reduction of a designated setback | 15% |
An increase in allowable building height | 15% |
Reduction in required open space on a lot | 10% |
An increase of the allowed maximum height of a fence or wall located within a designated setback area | 10% |
Where a majority of lots are developed with single-family residences with nonconforming setbacks, new buildings or structures may conform to the pattern established by the majority of the existing buildings or structures in the same block. This is most likely to occur in older historic neighborhoods | Determined on a case-by-case basis |
To encourage the development of housing units for disabled persons with limited mobility, the Director may allow deviation from the prescribed standards of this Zoning Code and where necessary to install features that facilitate access and mobility for disabled persons | Determined on a case-by-case basis |
Deviation from Building and Site Design Standards for those situations where a project is requesting exception from objective standards | Determined on a case-by-case basis |
C.
Calculation of Modification. As an example, assume that the standard will be modified by 10%. If a site is 5,000 square feet in total area, and 20% open space of a lot area is required, a total of 1,000 square feet of open space must be provided. A 10% modification of the base standards would equate to a reduction of 100 square feet of open space (e.g., 1,000 x 10% = 100). As a result, only 900 square feet of open space would be required.
D.
Minor Modification Application Requirements. A qualified applicant shall submit an application for a Minor Modification on a form prescribed by the Director as prescribed in § 17.96.020, Application Forms and Fees.
E.
Precedents. Each Minor Modification application shall be reviewed on an individual case-by-case basis. The approval of a Minor Modification in one situation is not relevant to the City's consideration of the approval of a Minor Modification in a new situation.
F.
Procedure. The Director or Review Authority shall make the final determination on the Minor Modification application. The Director may choose to refer any application to the Planning Commission for hearing and decision.
G.
Findings. The Director shall approve, with or without conditions, a Minor Modification application only after the following findings are made:
1.
The deviation is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances; or
2.
The Minor Modification is the minimum departure from the requirements of this Zoning Code necessary to grant relief to the applicant, and would not be detrimental to the public welfare or injurious to the property or improvements in the vicinity or the zone in which the subject property is located; and
3.
Granting the requested deviation will not detract from the overall appearance of the neighborhood or immediate vicinity and will not impair the provision of adequate light, air, circulation, or visual openness; and
4.
The deviation, as proposed and conditioned, will achieve the general purposes of this Zoning Code or the specific purposes of the zone in which the project is located.
(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)
A.
Purpose. A Variance provides a mechanism for the Zoning Administrator to provide relief from the strict application of this Zoning Code where this will deprive the owner of privileges enjoyed by similar properties because of the subject property's unique and special conditions.
B.
Applicability. A Variance may be granted to vary or modify dimensional and performance standards. A Variance may not be granted to allow new uses or a modification to the density or intensity requirements of this Zoning Code, or activities that this Zoning Code does not authorize for a specific lot or site.
C.
Referral. The Zoning Administrator may refer applications directly to the Planning Commission when in their opinion, the public interest would be better served.
D.
Variance Application Requirements. A qualified applicant shall submit an application for a Variance on a form prescribed by the Director as prescribed in § 17.96.020, Application Forms and Fees. In addition to other application requirements, the application for a Variance shall include data or other evidence showing that the requested Variance conforms to the required findings set forth in subsection G, Findings.
E.
Precedents. Each Variance application shall be reviewed on an individual case-by-case basis and the approval of a prior Variance is not relevant to the City's consideration of the approval of a new Variance.
F.
Public Notice and Hearing. Noticing for a Variance shall be provided in compliance with § 17.96.080, Public Notice. The Zoning Administrator shall conduct a public hearing on an application for a Variance. Public hearings shall be conducted in compliance with § 17.96.090, Conduct of Public Hearings.
G.
Findings. The Zoning Administrator shall approve, with or without conditions, a Variance application only after the following findings are made:
1.
There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, such that the strict application of this Zoning Code deprives the property of privileges enjoyed by other property in the vicinity and under the identical zone;
2.
The special circumstances applicable to the property identified in subsection G.1, was not created by any act of the property owner (i.e., a Variance shall not be granted for a self-imposed hardship);
3.
Granting the Variance would not authorize a use or activity which is not otherwise expressly authorized by the zone governing the property for which the application is made;
4.
Granting the Variance will not be materially detrimental to the public health, safety, or welfare and will not impair an adequate supply of light and air to adjacent property;
5.
The Variance is consistent with the General Plan and any applicable Specific Plan or the potentially adverse effects of the Variance in relation to the General Plan are exceeded by the individual hardship which would be relieved by granting the Variance; and
6.
The Variance is the minimum departure from the requirements of this Zoning Code necessary to grant relief to the applicant and would not be detrimental to the public welfare or injurious to the property or improvements in the vicinity or the zone in which the subject property is located.
(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)
A.
Purpose. Before commencing any work pertaining to the erection, construction, reconstruction, moving, conversion, or alteration of any structure or any addition to any structure, including the grading of land and the demolition of a structure, a Building Permit shall be issued by the Department.
B.
Conformance with Associated Planning Entitlements. Prior to issuance of a Building Permit, site plans, elevations, construction documents, and other information provided with a Building Permit application shall be determined to substantially conform to the project plans which were approved with a Development Permit, Conditional Use Permit (see § 17.100.100, Conditional Use Permit), Zoning Administrator Permit (see § 17.100.090, Zoning Administrator Permit), or other entitlement for the project by the Director. Substantial inconsistencies between the Building Permit application information and approved plans, as determined by the Director, may be subject to revocation of planning permits (see § 17.96.150, Revocation of Permits) or rejection of the Building Permit application.
C.
Timing.
1.
No application for a Building Permit shall be accepted within 30 days of approval of the second reading of an ordinance approving a change of zone, planned land use designation, or Code regulations that would be affected by the proposed changes.
2.
Building Permits shall not be considered concurrently with entitlements unless the project has been scheduled for public hearing final action and written authorization is provided by the Director. In such instances, the applicant shall affirm in writing that the concurrent review is being done at the applicant's risk, and if the entitlement is rejected for the project, the Building Permit review shall be halted and shall not resume until all necessary entitlements are granted and new, corresponding building plans are submitted.
D.
Demolition. Before any structure is demolished, the City's Historic Preservation Officer shall review the request for potential historic significance.
(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)
A.
Purpose. This section establishes the permitting requirements for permanent sign structures described in Chapter 17.72, Signs, to ensure that all permanent signs are in compliance with applicable Code standards.
B.
Sign Permit Requirement.
1.
It shall be unlawful for any person to erect, place, display, alter, repair, or relocate a permanent sign or sign structure without first obtaining approval for a Sign Permit from the Director.
C.
Review and Approval.
1.
Review and Determination.
a.
A qualified applicant shall submit an application for a Sign Permit on a form prescribed by the Director as prescribed in § 17.96.020, Application Forms and Fees.
b.
The Director shall review the Sign Permit application and supporting documentation for compliance with the standards of Chapter 17.72, Signs. The Director shall determine whether the Sign Permit may be issued or if additional information is required from the applicant to complete the permit application. If the Sign Permit application is denied, the reason shall be stated in writing.
2.
Method of Review. After receipt of a complete Sign Permit application, the Zoning Administrator shall render a decision to approve, approve with modifications, or deny the Sign Permit. This review will ensure that any sign proposal is in conformance with the requirements of Chapter 17.72, Signs, and is consistent with the City's objectives. The Director may grant slight deviations from the designated sign area or location or distance between signs, not to exceed 10%, when it is determined no other reasonable method of providing signage is functional.
3.
Substitution. Any time after a Sign Permit is issued, a new owner, tenant, or lessee of record may be substituted for the original applicant if a record of the new interest is made with the City and the new interest assumes all obligations they would have had consistent with the original permit.
4.
Expiration. A Sign Permit shall expire and become null and void if the work authorized in compliance with the permit is not commenced within 180 days from the date of issuance of the Sign Permit, or if work is suspended or abandoned for a period of 90 days or more at any time after the work has commenced. If a Sign Permit has not been obtained within 180 days after the Sign Permit has been approved and issued, the application shall be considered withdrawn.
5.
Inspections.
a.
All signs for which a Sign Permit is required are subject to inspection to establish compliance with the provisions of Chapter 17.72, Signs, as well as the following additional inspections, unless waived in writing by the Building Official:
i.
Footing inspections on all freestanding signs, including the addition of additional sign area to existing signs;
ii.
Electrical inspections for all sign structure(s) prior to placement; and
iii.
Final inspection to establish compliance with provisions of this Zoning Code and other applicable City Codes.
b.
Violations. Any work commenced without a Sign Permit, or any work beyond the authorized scope of a Sign Permit constitutes a violation of this chapter and is grounds for the Director to issue a correction notice and/or to stop all work on the sign until appropriate permits are obtained (see § 17.72.080, Enforcement).
(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)
A.
Purpose. A Master Sign Program provides mixed-use, nonresidential, and multifamily residential uses with flexibility to develop innovative, creative, and effective signage and to improve the aesthetics of the City.
B.
Applicability. A Master Sign Program applies to proposed or existing mixed-use, nonresidential, and multifamily residential uses as follows:
1.
A Master Sign Program is required for:
a.
Projects with five or more nonresidential tenants;
b.
Multi-unit developments of 50 or more units;
c.
Whenever five or more signs are proposed for a building or site;
d.
To erect a freeway-oriented sign (refer to Table 17.72.050.D-3: Standards for Freeway-Oriented Signs);
e.
Projects in which flexibility in sign design is sought so that high quality signs may be provided which contribute to the attractiveness and economic viability of their surroundings, but which may not meet the standards otherwise required for the subject location or zone; and
C.
Review.
1.
A qualified applicant shall submit an application for a Master Sign Program on a form prescribed by the Director as prescribed in § 17.96.020, Application Forms and Fees.
2.
At a minimum, all Master Sign Programs shall include the type, number, size, location/placement, and general design parameters of all permanent building mounted and freestanding signs. Modifications to any previously approved Master Sign Program shall be made in the same manner as the original approval.
3.
All Master Sign Program submittals shall be reviewed for compliance with the requirements of Chapter 17.72, Signs, and the Zoning Administrator shall either approve, conditionally approve, or deny the proposed Master Sign Program. Following approval by the Zoning Administrator, a copy of the approved Master Sign Program will be made available to the applicant.
4.
Individual signs authorized by an approved Master Sign Program require the issuance of separate Sign Permits as described in § 17.100.140, Sign Permit—Permanent Signs provided:
a.
The signs comply with all applicable conditions of the approved Master Sign Program;
b.
Sign Permit applications are submitted within a time period specified as part of the conditions of the content or review of the Master Sign Program, where applicable; and
c.
Sign Permit applications are submitted prior to any subsequent amendment to this chapter which is more restrictive than provisions existing when the Master Sign Program was approved.
5.
The Planning Commission shall review all Master Sign Programs which include a request for an increase in allowable sign height and area beyond the limits established in § 17.72.050, Standards for Permanent Signs, for freestanding and building mounted signs for multi-tenant buildings and shopping centers.
D.
Supplemental Provisions.
1.
Modifications to an approved Master Sign Program shall be reviewed by the Zoning Administrator.
2.
No sign identified in this section may be placed upon real property without the consent of the real property owner(s), who shall either sign and submit the application for a Master Sign Program or designate in writing an authorized representative.
3.
A Master Sign Program may be implemented in phases.
(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)
A.
Purpose. This section provides a formal procedure for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) to request reasonable accommodation in the application of the City's land use regulations and to establish relevant criteria to be used when considering such requests.
B.
Applicability.
1.
A request for reasonable accommodation may be made by any person with a disability, their representative, or any entity, when the application of a zoning law or other land use regulation, policy, or practice acts as a barrier to fair housing opportunities.
2.
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 record of such impairment. This section is intended to apply to those persons who are defined as disabled under the Acts.
3.
A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the site, development, and use of housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. This section allows for minor structural modifications and/or regulatory exceptions. Nothing in this section shall be interpreted to require the City to waive or reduce development or building fees associated with the granting of a reasonable accommodation request. Requests for reasonable accommodation shall be made in the manner prescribed within this section.
C.
Review Authority and Procedure.
1.
Requests for reasonable accommodation shall be reviewed by the Director if no discretionary approval is sought other than the request for reasonable accommodation. The Director shall make a written determination within 45 days and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with subsection E, Criteria for Findings and Decision.
2.
Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the Review Authority responsible for reviewing the discretionary land use application. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the Review Authority in compliance with the applicable review procedure for the discretionary review. The written determination to grant or deny the request for reasonable modification shall be made in accordance with subsection E, Criteria for Findings and Decision.
D.
Application Requirements. A qualified applicant shall submit an application for a reasonable accommodation on a form prescribed by the Director as prescribed in § 17.96.020, Application Forms and Fees. No noticing or public hearings are required for a reasonable accommodation request.
E.
Criteria for Findings and Decision. The Director must consider all of the following factors in order to approve or deny a request for reasonable accommodation;
1.
Whether the housing, which is the subject of the request, will be used by a person with a disability as defined under the Acts;
2.
Whether the request for reasonable accommodation is necessary to make specific housing available to a person with a disability as defined under the Acts;
3.
Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the City; and
4.
Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a City program or law, including, but not limited to, land use and zoning.
F.
Conditions of Approval. In granting a request for reasonable accommodation, the Review Authority may impose any conditions approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by subsection E, Criteria for Findings and Decision. Conditions shall also state that the accommodation granted shall terminate if the recipient of the accommodation requested no longer resides on the property as stated in subsection G.2.
G.
Appeals, Expiration, Extensions, and Revisions.
1.
Appeals. A decision on reasonable accommodation request may be appealed as provided for in § 17.96.160, Appeals.
2.
Expiration, Extensions, and Revisions. A reasonable accommodation approval may only be expired, extended, or revised as provided for in Chapter 17.96, Common Procedures. A reasonable accommodation approval shall terminate if the accommodation is no longer required, or if the recipient of the accommodation no longer resides at the property.
(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)
A.
Purpose. The purpose of pre-zoning property is to determine the zoning that will apply to property upon subsequent annexation to the City.
B.
Applicability. The pre-zoning process applies to unincorporated property adjoining the City within the urban limit line that is subject to a pending annexation.
C.
Initiation. Pre-zoning shall be initiated by a resolution of intention by the Planning Commission or the City Council.
D.
Procedure. Pre-zoning applications shall be processed following the procedures established in Chapter 17.108, Amendments to the Zoning Map and Text. Pre-zoning shall become effective at the same time as an annexation becomes effective.
E.
Zoning of Annexed Areas. Upon the annexation of property to the City which has not been pre-zoned, the Planning Commission shall initiate proceedings to zone the annexed property to a zoning classification in conformity with the General Plan following the procedures established in Chapter 17.108, Amendments to the Zoning Map and Text.
(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)
A.
Purpose. This chapter establishes procedures and requirements for considering and entering into legally binding agreements with applicants for development projects, as provided for in State law. Such agreements provide a greater degree of certainty than the normal permit approval process by granting assurance that an applicant may proceed with development in accord with policies, rules, and regulations in effect at the time of approval subject to conditions to promote the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance and protect the environment are achieved.
B.
Applicability.
1.
The City incorporates by reference the provisions of California Government Code § 65864 to § 65869.5. In the event of any conflict between the statutory provisions and this chapter, the statutes shall control.
2.
A Development Agreement may be considered for a proposed development that will require a developer to make a substantial investment at the early stages of the project for planning and engineering for the entire project and for public facilities and services.
C.
Initiation. An application for a Development Agreement may be initiated by any qualified applicant identified in § 17.96.020, Application Forms and Fees, or by a motion of the City Council or Planning Commission.
D.
Review Authority.
1.
The Director shall negotiate the specific components and provisions of the Development Agreement on behalf of the City. The Director may request input from other affected departments, as needed.
2.
The City Council has the exclusive authority to approve a Development Agreement. After receiving recommendations from the Planning Commission, the City Council may adopt, reject, or modify a Development Agreement based on consideration of the requirements of this chapter.
E.
Procedure.
1.
Application Requirements. Applications for Development Agreements shall be filed with the Director in accordance with the following procedures. In addition to any other application requirements, the application for a Development Agreement shall include data or other evidence is support of the applicable findings required by subsection H, Required Findings.
2.
Concurrent Processing. An application for a Development Agreement will be made and considered simultaneously with the review of other applications, including, but not limited to, rezoning, Planned Development (see Chapter 17.112, Planned Development (PD)), and a Conditional Use Permit (see § 17.100.100, Conditional Use Permit). A Development Agreement is not a substitute for, nor an alternative to, any other required permit or approval, and the qualified applicant must comply with all other required procedures for development approval.
3.
Contents of Development Agreements.
a.
Required Contents. A Development Agreement shall specify its duration, the permitted uses of the subject property, the general location and density or intensity of uses, the maximum height and size of proposed buildings, provisions for reservation or dedication of land for public purposes, and provisions concerning its transferability (assignment).
b.
Additional Contents. Development Agreements may also include the following:
i.
Improvements and Fees. Requirements for construction and maintenance of on-site and off-site improvements or payment of fees in lieu of such dedications or improvements.
ii.
Conditions. Conditions, terms, restrictions, and requirements for subsequent discretionary actions, except that the applicant's responsibility to obtain all required land use approvals is retained.
iii.
Environmental Mitigation. Conditions and restrictions imposed by the City with respect to the project, including those conditions, restrictions and mitigation measures proposed in any associated environmental document.
iv.
Phasing. Provisions that the project must be constructed in specified phases, that construction shall commence within a specified time, and that the project or any phase be completed within a specified time.
v.
Financing. If the Development Agreement requires applicant financing of necessary public facilities, it may include terms relating to subsequent reimbursement over time for such financing.
vi.
Indemnity. An indemnity clause requiring the applicant to indemnify and hold the City harmless against claims arising out of or in any way related to the actions of the applicant in connection with the application or the development process, including all legal fees and costs.
vii.
Performance Obligation. Provisions to guarantee performance of obligations stated in the agreement.
viii.
Other Items. Other components and provisions as negotiated by the City and the applicant.
F.
Planning Commission Hearing and Recommendation.
1.
Notice. Public notice of hearings by the Planning Commission for a Development Agreement shall be given as specified in § 17.96.080, Public Notice. Notice of the hearing shall also be mailed or delivered to any other local agency expected to provide essential facilities or services to the property that is the subject of the Development Agreement.
2.
Hearing. The Planning Commission shall conduct a public hearing and make recommendations to the City Council in conformance with the provisions of § 17.96.090, Conduct of Public Hearing.
3.
Recommendation to Council. Following the public hearing, the Planning Commission shall make a recommendation on the proposed Development Agreement. The Director shall transmit the Planning Commission's written recommendation and complete record of the application to the City Council.
G.
City Council Review and Recommendation.
1.
Notice. Public notice of hearings by the City Council for a Development Agreement shall be given as specified in § 17.96.080, Public Notice. Notice of the hearing shall also be mailed or delivered to any other local agency expected to provide essential facilities or services to the property that is the subject of the Development Agreement.
2.
Hearing. After receiving the report with the Planning Commission recommendation, the City Council shall hold a public hearing in accordance with § 17.96.090, Conduct of Public Hearing. The public hearing notice for the hearing shall include a summary of the Planning Commission recommendation.
3.
Decision. At the conclusion of the hearing, the City Council may approve, modify, or deny the Development Agreement. Approval of a Development Agreement shall be by ordinance. The ordinance shall refer to and incorporate by reference the text of the Development Agreement. If the Council proposes any substantial modification to the Development Agreement, the proposed modification shall first be referred back to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing. The failure of the Planning Commission to report within 40 days after the referral shall be deemed a recommendation to approve and the amendment to the Development Agreement and shall be returned to the City Council for approval.
H.
Required Findings. The Planning Commission when making its recommendation on a Development Agreement, and the City Council, must make the finding to approve a Development Agreement that the proposed Development Agreement and its provisions are consistent with the General Plan and any applicable Specific Plan. This requirement may be satisfied by a finding that the provisions of the Development Agreement are consistent with proposed General Plan or Specific Plan provisions to be adopted concurrently with the approval of the proposed Development Agreement.
I.
Execution and Recordation. Within 10 days after the ordinance approving the Development Agreement takes effect, the Mayor or their designee shall execute the Development Agreement on behalf of the City, and the City shall record the Development Agreement with the County Recorder.
J.
Periodic Review. The applicant shall be required to demonstrate compliance with the provisions of the Development Agreement at least once a year, at which time the Director shall review each approved Development Agreement.
1.
Finding of Compliance. If the Director, based on substantial evidence, determines that the applicant is in compliance with the provisions of the Development Agreement, then no action is required.
2.
Finding of Noncompliance. If the Director finds the applicant has not complied with the provisions of the Development Agreement, the Director may issue a finding of noncompliance. The Director shall specify in writing to the applicant the respects in which the applicant has failed to comply and shall set forth terms of compliance and specify a reasonable time for the applicant to meet the terms of compliance. If the applicant does not comply with any terms of compliance within the prescribed time limits, the Development Agreement shall be subject to termination or modification pursuant to this chapter.
3.
Appeal of Determination. Within 10 days after issuance of a finding of noncompliance, any interested person may file a written appeal of the finding with the City Council as described in § 17.96.160, Appeals. The appellant shall specify the reasons for the appeal. The issuance of a finding of compliance or finding of noncompliance by the Director and the expiration of the appeal period without appeal, or the confirmation by the City Council of the issuance of the finding on such appeal, shall conclude the review for the applicable period and such determination shall be final.
K.
Amendment or Cancellation.
1.
Mutual Agreement. Any Development Agreement may be canceled or amended by mutual consent of the parties following compliance with the procedures specified in this section.
a.
Director Approval. Any amendment to a Development Agreement which is not specific to the duration of the agreement, permitted uses of the property, density or intensity of use, timing of development, height or size of proposed buildings, provisions for reservation or dedication of land, or to any conditions, terms, restrictions and requirements relating to subsequent discretionary actions related to design or improvements or construction standards and specifications, may be made by the Director without noticed public hearing. A Development Agreement may also specify procedures for additional administrative approval of minor amendments by mutual consent of the applicant and Director.
b.
City Council Approval. The procedure for proposing and adopting an amendment to, or the cancellation in whole or in part, of a Development Agreement, shall be the same as the procedure for originally entering into a Development Agreement.
2.
After Finding of Noncompliance. If a finding of noncompliance does not include terms of compliance, or if applicant does not comply with the terms of compliance within the prescribed time limits, the Director may refer the Development Agreement to the City Council for termination or modification. The City shall first give written notice to the party executing the agreement of its intention to initiate such proceedings. Such notice shall be given not less than 30 days in advance of public notice of the City Council hearing to consider an amendment or cancellation. After the public hearing, the City Council may terminate the Development Agreement, modify the finding of noncompliance, or rescind the finding of noncompliance, and issue a finding of compliance.
3.
Recordation. If the parties to the agreement or their successors in interest amend or cancel the Development Agreement, or if the City terminates or modifies the Development Agreement for failure of the applicant to fully comply with the provisions of the Development Agreement, the City Clerk shall record notice of such action with the County Recorder.
4.
Rights of the Parties After Cancellation or Termination. In the event that a Development Agreement is cancelled or terminated, all rights of the applicant, property owner or successors in interest under the Development Agreement shall terminate. If a Development Agreement is terminated following a finding of noncompliance, the City may, in its sole discretion, determine to return any and all benefits, including reservations or dedications of land, and payments of fees, received by the City.
L.
Effect of Approved Agreement.
1.
Existing Rules and Regulations. Unless otherwise specified in the Development Agreement, the City's rules, regulations, and official policies governing permitted uses of the property, density and design, and improvement standards and specifications applicable to development of the property shall be those City rules, regulations, and official policies in force on the effective date of the Development Agreement.
2.
Future Rules and Regulations. A Development Agreement shall not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations and policies that do not conflict with those rules, regulations and policies applicable to the property as set forth in the Development Agreement. A Development Agreement shall not prevent the City from denying or conditionally approving any subsequent land use project or authorization for the project on the basis of such rules, regulations, and policies. A Development Agreement shall not exempt the applicant from obtaining future discretionary land use approvals, unless otherwise specified in the Development Agreement.
3.
State and Federal Rules and Regulations. In the event that any regulation or law of the State of California or the United States, enacted or interpreted after a Development Agreement has been entered into prevents or precludes compliance with one or more provisions of the Development Agreement, then the Development Agreement may be modified or suspended pursuant to the procedures specified in the Development Agreement, in order to comply with Federal or State regulations.
M.
Enforcement. The procedures for enforcement, revision, cancellation, or termination of a Development Agreement specified in this section and in California Government Code § 65865.4 or any successor statute, are nonexclusive. A Development Agreement may be enforced, revised, cancelled, or terminated by any manner otherwise provided by law or by the provisions of the Development Agreement.
N.
Judicial Review.
1.
Any judicial review of the initial approval by the City of a Development Agreement shall be by writ of mandate pursuant to the Zoning Code of Civil Procedure Code § 1085. Any judicial review of any City action taken pursuant to this chapter, other than the initial approval of a Development Agreement, shall be by writ of mandate pursuant to the Zoning Code of Civil Procedure Code § 1094.5. The use of the phrase "substantial evidence" in this chapter with respect to the quantum of proof necessary in conjunction with a finding of noncompliance is not intended to limit nor impose a standard of review upon any court pursuant to a proceeding initiated for that purpose.
2.
Any action or proceeding to attack, review, set aside, void, or annul any decision of the City taken pursuant to this chapter shall not be maintained by any person unless the action or proceeding is commenced within 90 days after the date of decision.
(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)