[9-21-2022 by Ord. 1782]
A. 
Purpose.
This Chapter establishes procedures for issuing a Certificate of Occupancy to verify that buildings and the proposed use of land comply with all applicable building and health laws and ordinances and with the requirements of this Code.
B. 
Certificate of Occupancy Required.
No structure erected, moved, altered or enlarged after the effective date of this Code shall be occupied or used, and no site shall be occupied or used until a Certificate of Occupancy has been issued by the Building Official or staff person designated by the Director to perform such actions.
C. 
Application.
Application for a Certificate of Occupancy shall be filed with the Building Official prior to the erection, moving, alteration or enlargement of any structure and prior to the commencement of a new use or a change in use of any structure or site.
D. 
Issuance.
The Building official shall issue a Certificate of Occupancy upon receipt of written notice that the structure or site is ready for occupancy or use and after inspection, provided that the structure or site and the intended use conform with all applicable building and health laws, all required screening, landscaping, off-street parking and loading facilities have been completed, and all other conditions attached to the use permit, variance, and/or planning review have been met.
[9-21-2022 by Ord. 1782]
A. 
Purpose and Applicability.
The purpose of zoning clearance is to ensure that all new and modified uses and structures comply with applicable provisions of this Code, using simple administrative plan check procedures. Zoning clearance is required for all structures that require a building permit and for signs.
B. 
Review Authority.
The Community Development Director is the designated review authority for zoning clearance. The Director approves, conditionally approves, or denies the zoning clearance in accordance with the requirements of this title.
C. 
Process.
1. 
General.
No application form is necessary for zoning clearance. This process will be conducted by the Community Development Department as part of the building permit application review. If there are any fees required for this, the fee(s) shall be paid prior to the commencement of the zoning clearance review. Zoning clearance shall be granted only when the Director or his/her designee finds the proposal to be in conformance with all applicable provisions of this Code. The Director may modify plans in whole or in part, apply conditions of approval, or require guarantees to ensure compliance with applicable provisions of this Code. Building permits shall not be issued without zoning clearance approval.
2. 
Signs.
Sign permit requirements and procedures can be found in Section 3.05.09 (Sign Permits and Procedures).
[9-21-2022 by Ord. 1782]
A. 
Purpose.
This Section establishes the planning review procedure to ensure that new development supports the goals and objectives of the General Plan and other adopted plans and guidelines. The specific purposes of the planning review process 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 of the surrounding area; and
3. 
Supplement other City regulations and standards in order to ensure control of aspects of design that are not otherwise addressed.
B. 
Applicability.
Planning 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 a parking area except for:
1. 
Additions, construction, reconstruction, alterations, improvements, and landscaping for a project developed in compliance with a previous planning review approval;
2. 
Replacement of exterior materials, including openings, with the same materials; and
3. 
Individual single-family homes and additions to single-family homes (see Section 6.04.02 (Zoning Clearance (as part of Building Plan Check)).
C. 
Procedures; Design Standards and Guidelines.
1. 
Forms and Fees.
Written applications for planning review applications shall be submitted to the Planning Division in compliance with the application procedures in Chapter 6.03 (Common Procedures).
2. 
Design Standards and Guidelines.
All projects shall be consistent with applicable design standards and/or guidelines.
a. 
Objective Design Standards.
Objective Design Standards, pursuant to State law, are required for housing development projects (defined as projects which consists of residential units only, mixed-use projects with 2/3 of the square footage dedicated to residential units, and transitional or supportive housing projects) requesting streamlined approval (see Subsection E (Planning Review - Ministerial)). If a project does not qualify for streamlining under State law, or if an applicant seeks exceptions or modifications to standards contained in this Code, the project becomes subject to the Discretionary Planning Review process (see Subsection F (Planning Review — Discretionary)). Standards are written with "shall" statements or similar language imposing a requirement to which projects must adhere.
b. 
Design Guidelines.
Design guidelines provide recommendations to be used in the Discretionary Planning Review process. Guidelines are written with "should" statements. Project applicants may choose to forgo one or more design standards and instead meet the intent of the design standards and/or guidelines. Guidelines are design criteria subject to interpretation by the City during the Discretionary Planning Review process. The standards and any guidelines together are utilized during the City's Discretionary Planning Review process to encourage the highest level of design quality, while simultaneously providing the flexibility necessary to encourage creativity on the part of project designers. Projects are evaluated on the degree to which they comply with the intent of the standards and guidelines in this document, ultimately leading to Staff-level or Planning Commission decision and approval.
3. 
Concurrent Processing.
When a proposed project requires more than one permit application with more than one Review Authority, all project permits shall be processed concurrently as interrelated permits for a project and shall not be bifurcated. The highest designated Review Authority for all requested permits shall take final action on all permits. For example, the Planning Commission takes final action on a conditional use permit. However, when processed in conjunction with a Specific Plan, the conditional use permit shall be reviewed and acted upon by the City Council in conjunction with the other application request(s). The Planning Commission provides recommendations to the City Council on both entitlement requests.
D. 
Planning Review — Administrative.
1. 
Applicability.
Administrative planning review applies to the following proposed uses or buildings allowed as a matter of right or through an Administrative Use Permit by this Code, so long as they conform to all the applicable development and use standards:
a. 
Commercial development projects 5,000 square feet or less in size.
b. 
Industrial development projects 10,000 square feet or less in size.
2. 
Review Authority.
The Director shall be the review authority for administrative planning reviews. The Director may, at his/her discretion, refer any administrative application to the Planning Commission for a decision rather than acting on it himself/herself.
3. 
Application Review and Approval Process.
The Director will review the project against all applicable use, development, and design standards. If the Director determines that the proposed use or building is allowed as a matter of right by this Code, and conforms to all the applicable development and use standards, the Director shall issue an approval. Staff will draft a Findings and Notice of Decision document containing all relevant findings and conditions of approval.
E. 
Planning Review — Ministerial.
1. 
Applicability.
Ministerial planning review applies to the following types of proposed uses or buildings that qualify for streamlined ministerial planning review under California Government Code Sections 65650 et seq. ("State Supportive Housing Law"), 65660 et seq. ("State Low Barrier Navigation Centers Law"), and 65913.4 ("State Streamlined Ministerial Approval Process"):
a. 
Affordable housing developments (per SB 35).
b. 
Residential developments of two or more units and mixed-use developments in which two-thirds of the project's square footage is used for residential purposes (per Housing Crisis Act/SB 330).
c. 
Transitional or supportive housing (per SB 744/AB 2162).
d. 
Low Barrier Navigation Centers (per SB 48).
2. 
Review Authority.
The Planning Commission shall have the authority to conduct ministerial planning reviews to make sure that a project complies with all applicable objective plans, regulations, policies, development and design standards.
3. 
Conditions for Approval.
Before approving an application for Ministerial Planning Review approval, the Planning Commission must make the following findings based on evidence in the record, as applicable, that:
a. 
The housing development or Low Barrier Navigation Center is eligible for Ministerial Planning Review approval.
b. 
If the Ministerial Planning Review approval is based all or in part on the provision of Supportive Housing, a finding that all the requirements for a Supportive Housing development that are specified in the State Supportive Housing Law have been or will be met.
c. 
If the Ministerial Planning Review approval is for a Low Barrier Navigation Center, a finding that all the requirements for a Low Barrier Navigation Center that are specified in the State Low Barrier Navigation Centers Law have been or will be met.
d. 
If the Ministerial Planning Review approval request is based all or in part on the State Streamlined Ministerial Approval process, a finding that all the requirements for a housing development approval that are specified in the State Ministerial Approval Process have been or will be met.
e. 
If the application includes a request for a density bonus, incentive, waiver, or modification under the State Housing Density Bonuses and Incentives Law, a finding that all the requirements for density bonuses and/or other incentives that are specified in the State Housing Density Bonuses and Incentives Law have been or will be met.
f. 
If the project complies with all applicable objective plans, regulations, policies, development standards and Objective Design Standards.
4. 
Conditions for Denial.
a. 
The Planning Commission may deny an application for Ministerial Planning Review Approval if the findings required by Subsection E.3 above, as applicable, cannot be made.
b. 
The Planning Commission may deny a Ministerial Planning Review Approval if doing so would be contrary to State and Federal law, and if this finding is made in writing.
c. 
Nothing in this Section limits the City's right to deny an affordable housing project under Government Code Section 65589.5.
5. 
Application Review and Approval Process.
a. 
Affordable Housing Streamlined Ministerial Approval (per SB 35).
If the project is an affordable housing development that qualifies for Streamlined Ministerial Planning Review under SB 35, then the project will be evaluated by Staff for compliance with all applicable objective plans, regulations, policies, development standards and Objective Design Standards. If the project is in compliance, the City will issue an approval within the required timeline.
b. 
Streamlined Ministerial Approval.
If a project qualifies for streamlined ministerial approval, staff will review the application to determine compliance with all applicable and objective plans, regulations, policies, development standards and design standards.
i. 
If Staff determines the project to be in compliance with all applicable and objective plans, regulations, policies, development and design standards then the project goes to Planning Commission for its final consideration and approval. The Planning Commission may consider the entire project (site plan, floor plan, elevations, landscaping, context, etc.), but ultimately cannot impose conditions that would have the effect of "impacting the development's ability to provide housing," (i.e., precluding the applicant's ability to achieve the proposed density). The Planning Commission may make recommendations or impose subjective conditions if the condition does not impact the project's ability to provide housing, such as physically or financially impacting the proposed density. The applicant may submit justifications regarding how any such conditions may impact the density of the project.
ii. 
If Staff determines the project is not in compliance, they shall provide the applicant with written documentation identifying the specific provision(s) and an explanation of the reason for the inconsistency. The applicant then has several options for how to proceed:
a) 
The project applicant can make revisions to bring the project into compliance.
b) 
The project applicant can choose not to make revisions to the project, forfeits the benefits of Streamlined Ministerial Planning Review, and elects to follow the Discretionary Planning Review process.
c) 
The project applicant may appeal the determination of non-compliance to the Planning Commission (see Section 6.03.13 (Appeals)).
6. 
Permit Conditions.
a. 
Term.
Unless otherwise required by State law, Ministerial Planning Review approvals shall automatically expire three years from the date of the final action establishing that approval, unless otherwise provided in the permit, from and after the date of issuance of the development permit if within such three-year period, pursuant to and in accordance with the provisions of the Ministerial Planning Review approval (Government Code Section 65913.4). The duration of the approval may be extended as provided for in State law.
b. 
Modifications.
Modifications to the development subsequent to the approval of a Ministerial Planning Review approval but prior to issuance of a final building permit shall be granted in compliance with State law (Government Code Section 65913.4).
F. 
Planning Review — Discretionary.
1. 
Applicability.
Discretionary planning review applies to all projects requiring Planning Commission approval (such as Conditional Use Permits and Variances) and all projects that do not qualify for administrative or ministerial planning review. If a project does qualify for streamlined ministerial approval under State law, but the applicant seeks exceptions or modifications to the City's standards, the project is subject to the Discretionary Planning Review process.
2. 
Review Authority.
The Planning Commission shall be the review authority for Discretionary Planning Reviews.
3. 
Reduction in Density or Floor Area Ratio Prohibited.
Planning review shall not result in a reduction in the residential density or the allowable square footage of a proposed project.
4. 
Discretionary Planning Review Criteria/Conditions of Approval.
When conducting planning review, the review authority shall evaluate applications to ensure that they satisfy the following criteria, conform to the policies of the General Plan and any applicable specific plan, project master plan or development agreement, objective design standards, and any adopted design guidelines, and are consistent with any other policies or guidelines the City Council may adopt for this purpose. In addition, outside agencies may impose conditions of approval, as applicable. To obtain planning review approval, projects must satisfy the following criteria/findings to the extent they apply.
a. 
General Plan Consistency.
Consistency with General Plan policies and any applicable specific plan, project master plan or development agreement.
b. 
Standards Consistency.
Consistency with applicable objective development standards and design standards and/or design guidelines adopted by the City Council.
c. 
Overall Function and Design.
The project design is appropriate to the function of the project and will provide an attractive and comfortable environment for occupants, visitors, and the general community. The overall design of the project, including its scale, massing, site plan, exterior design, and landscaping, will enhance the appearance and features of the project site and surrounding natural and built environment.
d. 
Site Design.
Structures within the development and between the structures and the site relate to one another. Proposed structures and related site development improvements (e.g., access, parking, grading, etc.) relate and connect to existing development in the vicinity. The site is designed to promote efficient circulation and encourage a range of transportation modes by providing safe and convenient routes for pedestrians and cyclists. Projects incorporate necessary utilities and service areas (e.g., refuse and recycling enclosures) such that they are compatible with the overall design of the project and minimize visual impacts.
e. 
Building Design.
Buildings are designed to mediate scale, massing, and bulk, reflect a human scale design, and enhance the pedestrian experience through building modulation and facade articulation treatments. The project architecture is harmoniously integrated internally and in relation to the architecture in the vicinity in terms of colors and materials, scale, and building design. The design is sensitive to and compatible with historic and low-density or sensitive uses in the vicinity.
f. 
Streetscape.
The design of streetscapes, including street trees, lighting, and pedestrian furniture, is consistent with the intended character of the area.
g. 
Parking.
Parking areas are designed and developed to provide adequate parking, buffer surrounding land uses, compliment pedestrian-oriented development, enhance the environmental quality of the site (e.g., by minimizing stormwater run-off and the heat-island effect), and achieve a safe, efficient, and harmonious development. Parking areas are properly sited, designed, and screened to minimize the impacts of parking and vehicles on the pedestrian experience.
h. 
Screening and Fencing/Walls.
Fences, walls, and other visual screening elements are made of high-quality materials, add visual interest, are compatible with the character of surrounding development, and help community members differentiate between public and private property. Appropriate screening is provided between incompatible uses.
i. 
Lighting.
Lighting and lighting fixtures are designed to complement buildings, be of appropriate scale, provide adequate light over walkways and parking areas to create a sense of pedestrian safety, and avoid creating glare.
j. 
Landscaping.
Landscaping is designed to be compatible with and enhance the architectural character and features of the buildings on site, conserve water, provide buffers or screening, and help relate the building to the surrounding landscape.
k. 
Consistency and Compatibility.
Project details, materials, signage, and landscaping, are internally consistent, fully integrated with one another, and used in a manner that is visually consistent with the proposed architectural design.
l. 
Public Art Component.
Public art is provided in satisfaction of Chapter 3.06 Art in Public Places.
m. 
The project will not be detrimental or injurious to property or improvements in the vicinity of the development site, or to the public health, safety or general welfare.
G. 
Notice of Decision; Appeals; Expiration, Extensions, and Modifications.
1. 
Notice of Decision.
a. 
Planning Review by the Director.
Where Planning Review is conducted by the Director, Notice of Decision shall be provided pursuant to Section 6.03.10 (Timing and Notice of Decision and Findings Required). The Director shall provide a report at every regularly scheduled Planning Commission meeting of administrative decisions made by the Director or his/her designee.
b. 
Planning Review by the Planning Commission.
Where Planning Review is conducted by the Planning Commission, Notice of Decision of Planning Review shall be provided concurrently with the associated project approval (such as the Conditional Use Permit or Variance). See Section 6.03.10 (Timing and Notice of Decision and Findings Required).
2. 
Appeals.
Planning Review decisions are subject to the appeal provisions of Section 6.03.13 (Appeals).
3. 
Expiration, Extensions, and Modifications.
Planning Review approval is effective and may only be extended or modified as provided for in Chapter 6.03 (Common Procedures).
[9-21-2022 by Ord. 1782]
A. 
Purpose.
The Use Permit review and approval process is intended to apply to uses that are generally consistent with the purposes of the zoning district where they are proposed but require special consideration to ensure that they can be designed, located, and operated in a manner that will not interfere with the use and enjoyment of surrounding properties.
B. 
Applicability.
Approval of a Use Permit is required for uses or developments specifically identified in Article 2 (Zone Regulations) and/or any other section of this Code which requires a Use Permit.
C. 
Review Authority.
1. 
Administrative Use Permits.
The Director shall approve, conditionally approve, or deny applications for Administrative Use Permits based on consideration of the requirements of this Chapter. The Director may, at his/her discretion, refer any application for an Administrative Use Permit for a project that may generate substantial public controversy or involve significant land use policy decisions to the Planning Commission for a decision rather than acting on it himself/herself. In that case, the application shall be processed as a Conditional Use Permit.
2. 
Conditional Use Permits.
The Planning Commission shall approve, conditionally approve, or deny applications for Conditional Use Permits based on consideration of the requirements of this Section.
D. 
Application Requirements.
Applications for Use Permits shall be filed with the Planning Division on the prescribed application forms. In addition to any other application requirements, the application for a Use Permit shall include data or other evidence in support of the applicable findings required by Subsection F (Required Findings), below.
E. 
Public Notice and Hearing.
1. 
Conditional Use Permits.
All applications for Conditional Use Permits shall require public notice and hearing before the Planning Commission pursuant to Chapter 6.03 (Common Procedures).
2. 
Administrative Use Permits.
Administrative Use Permit applications do not require public hearings, but do require public noticing per Section 6.03.08 (Public Notice).
F. 
Required Findings.
The decision-maker must make all of the following findings in order to approve or conditionally approve a Use Permit application. The inability to make one or more of the findings is grounds for denial of an application.
1. 
The proposed use is allowed within the applicable zone and complies with all other applicable provisions of this Code and all other titles of the Municipal Code;
2. 
The proposed use is consistent with the General Plan and any applicable Specific Plan;
3. 
The proposed use will not be adverse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements;
4. 
The proposed use complies with any design or development standards applicable to the zoning district or the use in question unless waived or modified pursuant to the provisions of this Code;
5. 
The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses in the vicinity; and
6. 
The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints.
G. 
Conditions of Approval.
In approving a Use Permit, the decision-maker may impose reasonable conditions or restrictions deemed necessary to:
1. 
Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council;
2. 
Achieve the general purposes of this Code or the specific purpose of the zone in which the project is located;
3. 
Achieve the findings for a Use Permit listed in Subsection F (Required Findings), above; or
4. 
Mitigate any potentially significant impacts identified as a result of environmental review conducted in compliance with CEQA.
In addition, the City may impose conditions or restrictions, as applicable, from external review agencies. The decision-maker may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.
H. 
Notice of Decision; Appeals; Expiration, Extensions, and Modifications.
1. 
Notice of Decision.
Notice of Decision shall be provided pursuant to Section 6.03.10 (Timing and Notice of Decision and Findings Required).
2. 
Appeals.
A decision of the Director may be appealed to the Planning Commission and a decision of the Planning Commission may be appealed to the City Council, as provided in Section 6.03.13 (Appeals).
3. 
Expiration, Extensions and Modifications.
Use Permits are effective and may only be extended or modified as provided for in Chapter 6.03 (Common Procedures).
[[9-21-2022 by Ord. 1782]
A. 
Purpose and Applicability.
This Chapter establishes a process for review and approval of certain uses that are intended to be of limited duration of time and will not permanently alter the character or physical facilities of the site where they occur. A Temporary Use Permit is required prior to establishing, commencing, or engaging in any of the temporary uses specified in Section 4.27.04 (Allowed Temporary Uses and Associated Standards) and Article 2 (Zone Regulations).
B. 
Review Authority.
The Director shall act as the Review Authority for Temporary Use Permits based on consideration of the requirements of this Section.
C. 
Application.
Unless specified otherwise in Chapter 4.27 (Temporary Uses), an application for a Temporary Use Permit shall be submitted at least 30 days before the use is intended to begin, pursuant to Section 6.03.03 (Application Forms and Fees, and Reapplications).
D. 
Required Findings.
The Director must make the following findings to approve or conditionally approve a Temporary Use Permit application. The inability to make one or more of the findings is grounds for denial of an application.
1. 
The proposed 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 use will not unreasonably interfere with pedestrian or vehicular traffic or circulation in the area surrounding the proposed use and will not create a demand for additional parking that cannot be safely and efficiently accommodated by existing parking areas; and
3. 
The proposed use meets all of the standards specified in Section 4.27.04 (Allowed Temporary Uses and Associated Standards).
E. 
Conditions of Approval.
The Director may impose reasonable conditions deemed necessary to ensure compliance with the findings for a Temporary Use Permit listed in Subsection D (Required Findings) above, including, but not limited to:
1. 
Regulation of ingress, egress, and traffic circulation;
2. 
Regulation of fire protection and access for fire vehicles;
3. 
Regulation of lighting and signage;
4. 
Regulation of hours of operation, staffing, or other aspects of the use; and
5. 
Removal of all trash, debris, temporary structures, and electrical service.
In addition, the City may impose conditions or restrictions, as applicable, from external review agencies. The Director may also require reasonable guarantees and evidence that such conditions are being, or will be, complied with.
[9-21-2022 by Ord. 1782]
A. 
Purpose.
This Chapter is intended to provide a mechanism for relief from the strict application of this Ordinance where this will deprive the property owner of privileges enjoyed by similar properties because of the subject property's unique and special conditions.
B. 
Applicability.
Variances may be granted to vary or modify dimensional and performance standards, but Variances may not be granted to allow uses or activities that this Ordinance does not authorize for a specific lot or site.
C. 
Application Requirements.
Applications for an Administrative Variance or Variance shall be filed with the Community Development Department on the prescribed application forms in accordance with the procedures in Chapter 6.03 (Common Procedures). In addition to any other application requirements, the application for an Administrative Variance or Variance shall include data or other evidence showing that the requested Administrative Variance or Variance conforms to the required findings set forth in this Section.
D. 
Administrative Variances.
This section sets forth the requirements for Administrative Variances, which are minor deviations from otherwise applicable standards when the small size of the modification requested, and the unlikelihood of any adverse effects on nearby properties or the neighborhood, make it unnecessary to complete a regular Variance process.
1. 
Review Authority.
The Director shall approve, conditionally approve, or deny applications for Administrative Variances based on the requirements and considerations in the Section.
2. 
Applicability and Requirements.
The Director may grant an Administrative Variance for adjustments from the development standards in this Code where, in his/her opinion, the intent of the ordinance can be achieved and equal performance obtained by granting an Administrative Variance. The authority to grant such variances shall be limited to requests that do not exceed a 20 percent deviation in the development standards for the following:
a. 
Lot area.
b. 
Lot width.
c. 
Required yards.
d. 
Parking regulations.
e. 
Encroachments into required yards.
3. 
Required Findings for Administrative Variances.
The Director may approve or approve with conditions an Administrative Variances application if all of the following findings are made.
a. 
There are exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to property in the vicinity and identical zone, and that the granting of an Administrative Variance will not constitute a granting of a special privilege inconsistent with the limitations on the property in the vicinity and identical zone;
b. 
The granting of the application is necessary to prevent a physical hardship which is not of the applicant's own actions or the actions of a predecessor in interest;
c. 
The granting of the application will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare or convenience; and
d. 
The granting of the Administrative Variance will be consistent with the general purposes and objectives of this Code, any applicable specific plans, and of the General Plan.
4. 
Public Notice.
An application for an Administrative Variance shall require public noticing per Chapter 6.03 (Common Procedures). An Administrative Variance application does not require a public hearing.
E. 
Variances.
1. 
Review Authority.
All other Variances that do not qualify as an Administrative Variance shall be reviewed and approved or denied by the Planning Commission based on consideration of the requirements of this Section.
2. 
Applicability.
All variances that do not meet the requirements for an Administrative Variance shall go through the Variance review and approval process.
3. 
Public Notice and Hearing.
An application for an Administrative Variance or Variance shall require public noticing and hearings before the Planning Commission per Chapter 6.03 (Common Procedures).
4. 
Required Findings for Variances.
After conducting a public hearing, the Planning Commission may approve or conditionally approve a Variance application if all of the following findings are made. The Commission shall deny an application for a Variance if it is unable to make any of the required findings, in which case it shall state the reasons for that determination.
a. 
There are exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to property in the vicinity and identical zone, and that the granting of a Variance will not constitute a granting of a special privilege inconsistent with the limitations on the property in the vicinity and identical zone;
b. 
The granting of the application is necessary to prevent a physical hardship which is not of the applicant's own actions or the actions of a predecessor in interest;
c. 
The granting of the application will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare or convenience; and
d. 
The granting of the Variance will be consistent with the general purposes and objectives of this Code, any applicable specific plans, and of the General Plan.
5. 
Conditions of Approval.
In approving a Variance, the Planning Commission may impose reasonable conditions deemed necessary to ensure compliance with the findings required in Subsection E.4 (Required Findings for Variances) above, and may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.
F. 
Notice of Decision; Appeals; Expiration, Extensions, and Modifications.
1. 
Notice of Decision.
Notice of Decision shall be provided pursuant to Section 6.03.10 (Timing and Notice of Decision and Findings Required).
2. 
Appeals.
The applicant or any other aggrieved party may appeal a decision on an Administrative or Variance pursuant to the provisions of Section 6.03.13 (Appeals).
G. 
Expiration, Extensions and Modifications.
1. 
Variances are effective and may only be extended or modified as provided for in Chapter 6.03 (Common Procedures).
[9-21-2022 by Ord. 1782]
A. 
Purpose.
This Chapter establishes the procedures to request Reasonable Accommodation for persons with disabilities seeking equal access to housing under the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act ("the Acts") in the application of zoning law and other land use regulations, policies, procedures, and conditions of approval.
B. 
Applicability.
1. 
A request for Reasonable Accommodation may be made by any person with a disability, their representative, or any other entity, when the application of zoning law or other land use regulation, policy, or procedure 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 this type of impairment, or anyone who has a record of this type of impairment.
3. 
A request for Reasonable Accommodation may include a change or exception to the practices, rules, and standards for the development, siting, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.
C. 
Review Authority.
The Director shall act as the Review Authority for Reasonable Accommodation applications based on consideration of the requirements of this Section. Requests submitted for concurrent review with another discretionary land use application shall be reviewed by the Review Authority for the discretionary land use application.
D. 
Application.
An application for a Reasonable Accommodation shall be prepared, filed, and processed in compliance with Section 6.03.03 (Application Forms and Fees, and Reapplications). No noticing or public hearing are required for a Reasonable Accommodation request. In addition to any other information required under the City of Indio Municipal Code, an applicant submitting a request for Reasonable Accommodation must provide the following information:
1. 
Description of the accommodation request;
2. 
The applicant's name, address, and telephone number;
3. 
Location of the subject property, including address and assessor's parcel numbers;
4. 
Name and address of the property owner and the owner's written consent to the application;
5. 
The current actual use of the subject property;
6. 
Verifiable documentation of the individual's disability status;
7. 
The regulation(s), policy, or procedure for which accommodation is sought;
8. 
Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling; and
9. 
Additional information necessary for Planning Division staff to facilitate proper consideration of the request, consistent with fair housing laws.
E. 
Procedures.
The Director shall make a written determination within 90 days for non-concurrent review requests of the application being deemed complete and either approve, modify, or deny a request for Reasonable Accommodation in compliance with Subsection F (Required Findings), below. For concurrent review requests, the decision to approve, modify, or deny a request shall be made at the same time as the decision for the discretionary land use application(s).
F. 
Required Findings.
The Review Authority must consider all of the following factors in order to approve or deny a request for Reasonable Accommodation that will be consistent with the Acts.
1. 
Whether the housing, which is the subject of the request, will be used by an individual defined as disabled under the Acts;
2. 
Whether the request for Reasonable Accommodation is necessary to make specific housing available to an individual with a disability 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 of a City program or law, including but not limited to land use and zoning.
G. 
Conditions of Approval.
In granting a request for Reasonable Accommodation, the Review Authority may impose any conditions of approval deemed reasonable and necessary to ensure that the Reasonable Accommodation would comply with the findings required herein. The conditions shall also state whether the accommodation granted shall terminate if the recipient of the accommodation was requested no longer resides on the property.
H. 
Appeals, Expiration, Extensions, and Revisions.
1. 
Appeals.
Reasonable Accommodation decisions may be appealed as provided for in Section 6.03.13 (Appeals).
2. 
Expiration, Extensions, and Revisions.
Reasonable Accommodations may only be expired, extended, or revised as provided for in Chapter 6.03 (Common Procedures). A Reasonable Accommodation shall terminate if the accommodation is no longer required, or if the recipient of the accommodation no longer resides at the property.
[9-21-2022 by Ord. 1782]
A. 
Purpose.
1. 
Public convenience or necessity is a tool for local governments and communities to limit the issuance of new Alcoholic Beverage Control (ABC) licenses and alcohol outlets. Current State law limits the issuance of new licenses in geographical areas defined as areas of "undue concentration." New alcohol outlets can be allowed in areas of undue concentration only if it is determined by the City of Indio that they would serve a "public convenience or necessity" (PCN).
2. 
State law defines "undue concentration" in an area if either of the following conditions exists:
a. 
The proposed site is located in a district where there is a 20 percent greater number of reported crimes than the average number of reported crimes as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency; or
b. 
The ratio of off-sale/on-sale retail licenses to population in the census tract or census division in which the applicant's premises is located exceeds the ratio of off-sale/on-sale retail licenses to population in the county in which the applicant's premises is located.
B. 
Review and Consideration Process.
1. 
Once the ABC has determined that a specific location is in an area of "undue concentration" for alcohol licenses and has notified the City of such, an applicant shall make application to the City and pay all required fees for the processing of a Certificate of Public Convenience or Necessity.
2. 
Upon receipt of the application and fee, the Community Development Department will route the application to all pertinent parties for review and comment on the requested Certificate.
3. 
Following the end of the review period, the Community Development Department shall schedule a public hearing before the City Council and conduct required public noticing in accordance with Section 6.03.08 (Public Notice).
C. 
Decision-Making Criteria.
Following the close of the City Council public hearing, the City Council shall issue a decision approving, conditionally approving, or denying the Certificate of Public Convenience or Necessity. In reaching its decision, the City Council shall make findings and shall consider the following factors:
1. 
Whether or not the proposed use is consistent with the General Plan and Development Code.
2. 
Whether or not the proposed use is compatible with the nature, condition, and character of adjacent land uses.
3. 
Whether or not the proposed use would have an adverse effect on adjacent land uses.
4. 
Whether or not the proposed use would result in an excessive number of similar establishments in close proximity.
D. 
Conditions of Approval.
The City Council in issuing a decision to grant a Certificate may apply conditions of approval to address impacts resulting from alcohol related activities at the subject property.