Agenda packet — Pleasant Hill City Council, April 21, 2025 (part 7 of 9)

18.115.060.B]

18.110.060 Resubmittal of Application
Following denial of an an application for Aarchitectural Rreview Permit application, no new application for the same, or substantially the same, architectural review plan shall be accepted within one year12 months of the date of denial, unless the denial was made without prejudice. (Ord. 738 § 1 (Exh. C), 1999; Ord. 710 § 35-32.12, 1996; 1991 code § 35-32.12) [Source: 18.115.070] Item 10.1
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20 Chapter 18.115
Development Plan
Item 10.1
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21 Chapter 18.115 Development Plan
Sections

18.115.010 Purpose and Applicability

18.115.020 Approval Authority

18.115.030 Filing, Processing, and Review

18.115.040 Findings

18.115.050 Conditions of Approval

18.115.060 Lapse of Approval – Changes to Plans

18.115.070 Resubmittal of Application

18.115.010 Purpose and Applicability
A. A Ddevelopment Pplan is required for any of the following types of development projects:
[Source: 18.90.010]

1. (1) all new stores, motels, offices, restaurants and similar new Any new structure(s) designed for an occupancy load of 30 persons or more.,

2. (2) property Lots zoned PUD., or [Source: 18.90.010]

3. (3) anAn addition of 7,000 square feet or more to an any existing store, motel, office, restaurant or similar structure structure(s), except for single-family residential structures. [Source: 18.90.010]
B. A Ddevelopment Pplan is not required for the construction or alteration of a single-family residential structurece. [Source: 18.90.010]
C. Development Pplan approval is required in addition to an Aarchitectural Rreview Permit under PHMC Chapter 18.115Chapter 18.110 (Architectural Review Permits). (Ord. 710 § 35-28.1, 1996; 1991 code § 35-28.1) [Source: 18.90.010]

18.115.020 Approval Authority
The Pplanning Ccommission has the authority to approve, conditionally approve, or deny applications for Ddevelopment Pplans. (Ord. 710 § 35-28.2, 1996; 1991 code § 35-28.2) [Source: 18.90.020]

18.115.030 Filing, Processing, and Review
A. Application. Application. An applicant for a Development Plan shall submit the following:
[Source: 18.90.030.A]

1. A complete application and all applicable materials and information as provided by the Planning Division. [Source: 18.90.030.A]
Item 10.1
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22 A. The applicant shall submit a request for a development plan to the zoning administrator on a form provided by the city. An application is considered to be complete if it is in accordance with PHMC § 18.75.030. [Source: 18.90.030.A]

B.1. The Pplanning Ccommission shall hold a public hearing on an application for a Ddevelopment Pplan, and shall hear testimony for and against the application and notice such meeting in compliance with Chapter 18.195 (Notice Requirements). A public hearing may be continued to a definite date and time without additional public notice. [Source: 18.90.030.B]

2. The zoning administrator shall set the time and date for the public hearing. The hearing shall be scheduled within 20 calendar days, and held within 60 calendar days, after the application is deemed complete. Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.XX.XXX (Multiple Discretionary Permits). [Source:

NEW]When applications for multiple development plans, use permits or variances on a single site are filed at the same time, the zoning administrator may schedule a combined public hearing. [Source: 18.90.030.B]
Notice of the hearing shall be given in accordance with PHMC Chapter 18.80. A public hearing may be continued to a definite date and time without additional public notice. [Source: 18.90.030.B] C. Decision. Within 20 working days following the public hearing, The the Pplanning Ccommission shall approve, conditionally approve, or deny an a Development Plan application within 20 working days after the close of the public hearing. The Zzoning Aadministrator shall mail notice of the decision to the applicant and any other party requesting notice within 10 calendar days of the decision. The date of the decision is the date the Planning Ccommission (or City Ccouncil, on appeal) adopts the resolution. [Source: 18.90.030.C] D. Effective Date. A decision under this Cchapter takes effect at the end of the time allowed for an appeal, which is 10 calendar days after notice of the decision is mailed. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.175 (Appeals and Calls for Review) is exhausted. [Source: 18.90.030.D]
E. Appeal. A decision of the Pplanning Ccommission may be appealed to the Ccity cCouncil, all in accordance compliance with the appeal procedures of PHMC Chapter 18.130175 (Appeals and Calls for Review). (Ord. 710 § 35-28.4, 1996; 1991 code § 35-28.4) [Source: 18.90.030.E]

18.115.040 Findings
The Pplanning Ccommission may approve a development plan if it finds that all of the following are true, based on the application, plans, materials, and testimony submitted at the public hearing: [Source:

18.90.040]
Item 10.1
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23 A. The proposed development will not be detrimental to the health, safety, and general welfare of persons residing or working in the vicinity of the proposed development; [Source: 18.90.040.A] B. The proposed development will not be injurious or detrimental to adjacent properties or to property in the neighborhood or in the city; [Source: 18.90.040.B] C. The proposed development is consistent with the policies and goals established by the Ggeneral Pplan; and [Source: 18.90.040.C]
D. The proposed development is architecturally compatible with other developments in the vicinity, both inside and outside the districtzoning district. (Ord. 710 § 35-28.6, 1996; 1991 code § 35-

28.6) [Source: 18.90.040.D]

18.115.050 Conditions of Approval
In approving a Ddevelopment Pplan, the Pplanning Ccommission may impose reasonable conditions necessary to: [Source: 18.90.050]
A. Achieve the general purposes of this Cchapter or the specific purposes of the zoning districtzoning district in which the site is located, or [Source: 18.90.050.A] A.B. Tto make it consistent with the Ggeneral Pplan; [Source: 18.90.050.A] B.C. Protect the public health, safety, and general welfare of persons residing or working in the vicinity of the proposed development; or [Source: 18.90.050.B] C.D. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area. (Ord. 710 § 35-28.8, 1996; 1991 code § 35-28.8) [Source: 18.90.050.C]

18.115.060 Lapse of Approval – Changes to Plans
A. Lapse of Aapproval. A Ddevelopment Pplan lapses one year 12 months after its date of approval, or at an alternative time specified as a condition of approval, unless one of the following has occurred: [Source: 18.90.060.A]

2. A Ccertificate of Ooccupancy has been issued; or [Source: 18.90.060.A.2]

3. The Ddevelopment Pplan is renewed by the Pplanning Ccommission or other hearing body which originally approved it. No new notice or public hearing is required for a renewal if the findings required for approval remain valid. [Source: 18.90.060.A.3] B. Changes to Pplans or Conditions of Approval. A request for a change in a condition of approval, or a change in the Ddevelopment Pplan which affects a condition of approval, requires a new application for modification of the condition. [Source: 18.90.060.B]

1. If the Zzoning Aadministrator determines that the modification is minor, the Zzoning Aadministrator may approve that minorthe modification administratively., The Zoning Item 10.1
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24 Administrator’s decision and that decision may be appealed to the Pplanning Ccommission. [Source: 18.90.060.B]
B.2. If the Zzoning Aadministrator determines that the modification is major, then the modification shall be referred for consideration to the final decision-making body that approved the original Ddevelopment Pplan. (Ord. 856 § 2 (Exh. A), 2011; Ord. 710 § 35-28.10, 1996; 1991 code § 35-28.10) [Source: 18.90.060.B]

18.115.070 Resubmittal of Application
Following the denial of a Ddevelopment Pplan applications, no new application for the same, or substantially the same, Development Pplan shall be accepted within one year 12 months of the date of denial, unless the denial was made without prejudice. (Ord. 710 § 35-28.12, 1996; 1991 code § 35-

28.12) [Source: 18.90.070]
Item 10.1
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25 Chapter 18.120
Minor Exceptions
Item 10.1
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26 Chapter 18.120 Minor Exceptions
Sections

18.120.010 Purpose

18.120.020 Applicability

18.120.030 Review Authority

18.120.040 Filing, Processing, and Review

18.120.050 Findings

18.120.060 Conditions of Approval

18.120.070 Lapse of Approval – Changes to Plans

18.120.080 Resubmittal of Application

18.120.010 Purpose
The purposes of this Cchapter isare to:

A. Allow the Zzoning Aadministrator to grant approve a minor exception from specified development standards required by this Titlezoning ordinance. [Source: 18.111.010.A] B. Provide an appropriate process to enable the Zzoning Aadministrator to grant approve a requested Mminor Eexception. [Source: 18.111.010.B]
C. Provide appropriate and reasonable findings to allow the Zzoning Aadministrator to grant approve a requested Mminor Eexception. [Source: 18.111.010.C] D. Ensure that any Minor Eexceptions granted approved under this Chapter will be are consistent with the purpose and intent of this Ttitle. (Ord. 857 § 2, 2011) [Source: 18.111.010.D]

18.120.020 Applicability
A. A Mminor Eexception may be requested for any of the followingitem identified below:

A.1. Fence or Wwall Hheight. Up to a one foot An increase in the maximum allowable height of a fence or wall established in Section 18.65.040 (Residential Fence and Wall Standards) of not more than one foot (see PHMC § 18.20.040.H). [Source:

18.111.020.A]
B.2. Floor Aarea Rratio (FAR). A maximum increase of 10% percent of the existing FAR standard (e.g., if the FAR is 30 percent%, the maximum potential increase would be three3 percent%). [Source: 18.111.020.B]
C.3. Landscaping Aarea. A decrease in minimum landscaping area, or planting area, or dimensional requirements of not more than 20 percent% of the applicable standard established in Section 18.15.040 (Additional Development Standards) and Chapter

18.25.030 (Development Standards for Commercial, Office, and Industrial Districts)(see PHMC §§ 18.20.040.G and 18.25.030). [Source: 18.111.020.C] Item 10.1
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27 D.4. Loading. A decrease in the number of required loading spaces; provided, that if it can be demonstrated that the spaces are not needed for the proposed use and the area that was to be used for the loading space(s) shall be used as additional landscaping, parking, or open space in addition to the minimum ordinance requirements established in Section 18.70.020 (General Requirements for Off-Street Parking and Loading) and Section 18.70.030 (Off-Street Parking and Loading Spaces Required)(see PHMC §§

18.55.020 and 18.55.030). [Source: 18.111.020.D]
E.5. Lot Ccoverage. An increase of not more than 10 percent% of the applicable lot lot coverage standards established in Section 18.15.030 (Development Standards for Residential Zoning districts) (e.g., if the lot coverage standard is 30 percent% x 0.10 = a 10 percent increase would be three3 percent%) (see PHMC § 18.20.030). [Source:

18.111.020.E]

1.6. Lot Ddepth and/or Wwidth. A decrease of not more than 10 percent% of a minimum depth and/or width dimension, only when if the minimum required lot area and density requirements established in Section 18.15.030 (Development Standards for Residential Zoning districts) are met (e.g., a lot depth requirement of 90 feet may be reduced to 81 feet) (see PHMC § 18.20.030). [Source: 18.111.020.F]

2.7. Open Sspace. A decrease of not more than 10 percent% of the minimum required amount of usable open space on the site (private and/or shared), or open space dimensional requirements established in Section 18.15.030 (Development Standards for Residential Zoning districts) and Section 18.15.040 (Additional Development Standards)(see PHMC §§ 18.20.030 and 18.20.040.E). [Source: 18.111.020.G] F.8. Projections. An increase of not more than 20 percent% in the allowable projection of cornices, eaves, fireplaces, masonry chimneys, overhangs, and or steps into a required setback area, (provided, that the projection shall not be closer than three feet to any property line). Projections shall be measured from the required setback (i.e., , not from an existing legal nonconforming setback or from a reduced setback that may be granted through a Vvariance or Mminor Eexception in accordance with) (Section

18.45.080 (Structure Projections into Yards and Courts)see also PHMC § 18.50.020). [Source: 18.111.020.H]
G.9. Screening of Mmechanical Eequipment. Approval of aAlternative methods of screening, including the use of painting or other stealthing or camouflaging techniques, if the zoning administrator it is determineds that other screening methods established in Section 18.65.060 (Screening of Mechanical Equipment) are not feasible and the alternative methods will provide substantial screening consistent with the intent and purpose of this Ttitle (see PHMC § 18.50.090). [Source: 18.111.020.I] H.10. Minimum Setbacksyards. A decrease of not more than 20 percent% of the applicable yard setback standards as established in the base zoning district if consistent with the character of existing development in the surrounding area. In no circumstance shall a Mminor Eexception be granted approved for a main building or accessory structure that reduces yard setbacks to less than the following (see PHMC §§ 18.20.030 and

18.25.030): [Source: 18.111.020.J]
Item 10.1
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28 1.a. Front yardSetback: 16 feet (a minimum of 20 feet shall be maintained for any garage facing the street). [Source: 18.111.020.J.1]

2.b. Side yardsSetback: Tthree feet. [Source: 18.111.020.J.2]

3.c. Rear yardSetback: Ffive feet. [Source: 18.111.020.J.3] I.11. Accessory Sstructures.

1.a. Accessory structures on parcels lots with existing and ongoing agricultural/horticultural uses that are two acres or larger may exceed the maximum floor area and/or height standards specified in PHMC § 18.20.050.A through 18.20.050.DSection 18.15.060 (Accessory Structure and Use:

Residential Zoning districts), provided the accessory structures comply with all other applicable development standards; [Source: 18.111.020.K.1]

2.b. Any other type of decorative landscape structure/feature(s), not identified in PHMC § 18.20.050.G Section 18.15.060 (Accessory Structure and Use:

Residential Zoning districts) (e.g., trellis, fountain, column or similar) exceeding three feet in height, andheight and occupying not more than 10 percent% of the required yard area (either individually or cumulatively). [Source: 18.111.020.K.2]
J. Other Minor Exceptionsrequired dimensions. The zoning administrator may approve minor adjustments exceptions in other required dimensions, up to a change of 20% of the required dimension, excluding any increase in maximum building height (see PHMC §§ 18.20.030 and 18.25.030). [Source: 18.111.020.L]

12. Other minor Exceptionsadjustments. The Zzoning Aadministrator may approve other Mminor Exceptions adjustments tofor other zoning ordinancedevelopment standards established in this Title (excluding any increase in maximum building height and as noted above)in addition to those specified above,; provided, that all the following requirements are met:
a. The adjustment(s) do not result in more than a 20 percent change in any given development standard; [Source: NEW]
b. that all ofAll the findings specified in PHMC § 18.111.040Section 18.120.060 (Findings) are satisfied; and [Source: 18.111.020.M]
K.c. Tthe Pplanning Ccommission is notified of the proposed Mminor Eexception and provided with an opportunity to call the proposed Mminor Eexception up for review by the Planning Commission pursuant to PHMC §

18.130.010Section 18.165.010 (Right to Appeal, Call for Review, Time Limits). [Source: 18.111.020.M]
B. Required Vvariance. A request for an exception to development standards that exceeds the limitations identified in this chapterSubsection A requires the approval of a Vvariance under in compliance with PHMC Chapter 18.110145 (Variance). [Source: 18.111.020.N] Item 10.1
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29 L.C. Approval of a Mminor Eexception and/or eligibility for consideration of approval of a Mminor Eexception does not constitute a basis for future approval of a Minor Exception or Vvariance. (Ord. 857 § 2, 2011) [Source: 18.111.020.N]

18.120.030 Review Authority
A. Authority. The Zzoning Aadministrator has the authority to approve, conditionally approve, or deny Mminor Eexceptions. The Zzoning Aadministrator may, at his or her their discretion, refer a Mminor Eexception application directly to the Pplanning Ccommission for consideration.; [Source: 18.120.030.A]
B. except that wheneverIf more than one Mminor Eexception is requested for a property lot (either concurrently or sequentially over time), the Mminor Eexception request(s) shall be referred to the Pplanning Ccommission for consideration at a public hearing. [Source: 18.120.030.A]

18.120.040 Application Requirements
A. Application. The applicant shall submit a request for a minor exception to the zoning administrator, on forms provided by the city. An application is considered to be complete if it is in accordance with PHMC § 18.75.030. [Source: 18.120.030.B]

18.120.05018.120.040 Filing, Processing, and Review
A. Application. An applicant for a Minor Exception shall submit the following:

1. A complete application and all applicable materials and information as provided by the Planning Division. [ Source: 18.90.030.A]

1. Notice. Within 20 calendar days after the application is deemed complete, tThe Zzoning Aadministrator shall, within 20 calendar days after the application is deemed complete, notify all residents and property owners within 300 feet of the project site, and provide notice to the, Pplanning Ccommission, and Ccity Ccouncil that a decision will be made by the Zzoning Aadministrator to approve or disapprove deny the Mminor Eexception application on a date specified in the notice., [Source: 18.120.030.C]

2. Public Hearing.
a. and that aFor a Minor Exception application being reviewed by the Zoning Administrator, a public hearing will be held only if requested in writing by any interested person before the specified date for the decision. When a hearing is requested, notice of the hearing shall be provided in compliance accordance with PHMC Chapter 18.80195 (Notice Requirements). [Source: 18.120.030.C b. When multiple applications for a Minor Exception are submitted for a single site or a project has multiple discretionary permits or entitlements, the public Item 10.1
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30 hearing shall be conducted in compliance with Section 18.XX.XXX (Multiple Discretionary Permits). [Source: NEW]
A.c. in conjunction with a request for a minor exception, and when any of these applications require planning commission review, the zoning administrator shall schedule a combined public hearing for all of the applications before the planning commission. A public hearing may be continued to a definite date and time without additional public notice. [Source: 18.120.030.C] C. Decision.

1. Within 20 working days following the issuance of a public notice as specified in Paragraph A.1 of this Section, or the public hearing, The the Zzoning Aadministrator shall approve, conditionally approve, or deny an application a Minor Exception applicationwithin 20 working days after issuance of a public notice as specified in subsection C of this section or within 20 working days after the close of the public hearing, whichever is applicable. The Zzoning Aadministrator shall mail notice of the decision, including a description of the appeal process as specified in PHMC Chapter

18.13018.175 (Appeals and Calls for Review), to the applicant and any other party requesting notice and shall provide electronic mail (email) notice of the decision to the Pplanning Ccommission and Ccity Ccouncil within 10 calendar days of the decision. [Source: 18.120.030.D]
B.2. In the case of the Pplanning Ccommission review, or Ccity Ccouncil on appeal, the date of the decision is the date the Planning Ccommission or City Ccouncil adopts the resolution approving or denying the application(s). [Source: 18.120.030.D] C.D. Effective Ddate. A decision under this section Chapter takes effect at the end of the time allowed for an appeal, which is 10 calendar days after notice of the decision is mailed. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.175 (Appeals and Calls for Review) is exhausted. [Source: 18.120.030.E] E. Appeals. A decision of the Zzoning Aadministrator may be appealed to the Pplanning Ccommission in accordance with Chapter 18.175 (Appeals and Calls for Review)., and a [Source: 18.120.030.F]
D. decision of the planning commission may be appealed to the city council, all in accordance with the appeal procedures of PHMC Chapter 18.130. [Source:

18.120.030.F]
E.F. Call for Rreview. A decision of the Zzoning Aadministrator may be called for review by any member of the Pplanning Ccommission, Aarchitectural Rreview Ccommission, and/or Ccity Ccouncil pursuant to in accordance with the provisions of Chapter 18.175 (Appeals and Calls for Review)PHMC Chapter 18.130. (Ord. 857 § 2, 2011) [Source: 18.120.030.G]

18.120.06018.120.050 Findings
The Zzoning Aadministrator may approve an application for a Mminor Eexception if the following findings can be made, based on the application, plans, materials, and any public testimony submitted with the application: [Source: 18.111.040]
Item 10.1
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31 A. No practical alternative exists to the proposed exception; [Source: 18.111.040.A] B. The purpose and intent of the subject zone districtzoning district will not be substantially compromised; [Source: 18.111.040.B]
C. There will be no detrimental impact (aesthetically or otherwise) to the site, adjacent properties, or neighborhood; [Source: 18.111.040.C]
D. The project will be in substantial conformance with the city-wide design guidelines; [Source:

18.111.040.D]
E. The proposed project will otherwise be in complyiance with all applicable zoning ordinance standards and requirements of this Title, including any applicable specific plan or planned unit development. (Ord. 857 § 2, 2011) [Source: 18.111.040.E]

18.120.07018.120.060 Conditions of Approval
In approving a Mminor Eexception, the Zzoning Aadministrator may impose reasonable conditions necessary to: [Source: 18.111.050]
A. Achieve the general purposes of this Cchapter or the specific purposes of the zoning districtzoning district in which the site is located, and/or to ensure that the request is consistent with the Ggeneral Pplan; [Source: 18.111.050.A]
B. Protect the public health, safety, and general welfare of persons residing or working in the vicinity of the proposed development; [Source: 18.111.050.B] C. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area; [Source: 18.111.050.C] D. Ensure substantial conformance with city-wide design guidelines. (Ord. 857 § 2, 2011) [Source:

18.111.050.D]

18.120.08018.120.070 Lapse of Approval – Changes to Plans A. An approval for a Minorn Eexception lapses one year12 months after its date of approval, or at an alternative time specified as a condition of approval, unless one any of the following has occurred: [Source: 18.111.060]
A.1. A Construction Permit (e.g., Demolition, Building, Grading, Site) has been issued, construction activities has commenced, and applicable preconstruction tasks have startedA Bbuilding Ppermit has been issued, substantial money has been expended, and construction diligently pursued; or [Source: 18.111.060.A] B.2. A certificate of occupancy has been issued; or [Source: 18.111.060.B] C.3. The exception is renewed by the hearing bodyreview authority which originally approved itthe Minor Exception. No new notice or public hearing is required for a renewal if the findings required for approval remain valid. (Ord. 857 § 2, 2011) [Source:

18.111.060.C]
D.B. A request for a change in the Mminor Eexception or a condition of approval requires a new application for modification of the condition. If the Zzoning Aadministrator determines that the Item 10.1
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32 modification is minor, the zoning administratorthey may approve that minor modification administratively, and that decisionwhich may be appealed to the Pplanning Ccommission. If the zoning administrator determines that the modification is major, then the modification shall be referred for consideration to the final decision-making body that approved the original Mminor Eexception. (Ord. 857 § 2, 2011) [Source: 18.111.070]

18.120.09018.120.080 Resubmittal of Application
Following denial of a Mminor Eexception:,
A. Nno new application for the same, or substantially the same, Mminor Eexception shall be accepted within one year 12 months of the date of denial, unless the denial was made without prejudice. [Source: 18.111.080]
B. Upon denial of a minor exception, tThe applicant may apply for a Vvariance under PHMC Chapter 18.110145. (Ord. 857 § 2, 2011) [Source: 18.111.080] Item 10.1
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33 Chapter 18.125
Reasonable Accommodation
Item 10.1
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34 Chapter 18.125 Reasonable Accommodation
Sections

18.125.010 Purpose

18.125.020 Review Authority

18.125.030 Requests

18.125.040 Application Requirements

18.125.050 Filing, Processing, and Review

18.125.060 Findings

18.125.070 Appeal

18.125.010 Purpose
It is the Ccity’s policy to provide individuals with disabilities reasonable accommodation in regulations and procedures to ensure equal access to housing, and to facilitate the development of housing. The purpose of this Cchapter is to provide a procedure under which a disabled person may request a reasonable accommodation in the application of the zoning development requirements and standards established in this Title. [Source: 18.112.010]
This Cchapter is based on requirements of the Ffederal and Sstate of California fair housing laws, and implements the Hhousing Eelement of the city’s Ggeneral Pplan. It is distinct from the requirements for a variance set forth established in Government Code Ssection 65906 and PHMC Chapter 18.110145, (Variances). (Ord. 838 § 1, 2009) [Source: 18.112.010]

18.125.020 Review Authority
A. Zoning Aadministrator. The Zzoning Aadministrator has the authority to review and decide upon requests for Rreasonable Aaccommodation, including whether the applicant is a disabled person within the meaning of this Cchapter, except as noted in subsection A.2Subsection B of this section. The Zzoning Aadministrator may refer the matter to the Pplanning Ccommission or Aarchitectural Rreview Ccommission, as appropriateat their discretion. [Source:

18.112.050.A.1]
B. Planning Ccommission. The Pplanning Ccommission has the authority to review and decide upon requests for Rreasonable Aaccommodation, including whether the applicant is a disabled person within the meaning of this Cchapter, when referred by the Zzoning Aadministrator or when a Rreasonable Aaccommodation request includes any of the following:

1. Aany encroachment into the front yard setback area, r [Source: 18.112.050.A.2

2. Results in a building size increase above what is allowed in the applicable zoning districtzoning district with respect to height, lot coverage, and/or floor area ratio maximums, or [Source: 18.112.050.A.2]

3. whenever aA reduction in required parking is requested. [Source: 18.112.050.A.2] Item 10.1
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35 C. Architectural Rreview Ccommission. The Aarchitectural Rreview Ccommission has the authority to review and decide upon requests for reasonable accommodation, including whether the applicant is a disabled person within the meaning of this Cchapter, when referred by the ZCzoning Aadministrator. [Source: 18.112.050.A.3]

18.125.030 Requests
A. Request. A A request for Reasonable Accommodation may be made by any person with a disability, their representative, or any entity, disabled person may request a reasonable accommodation in the application of the city’s land use and zoning regulationswhen the application of a zoning law or other land use regulation, policy, or practice acts as a barrier to fair housing opportunities. Such a request may include a modification or exception to the requirements for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers. A Rreasonable Aaccommodation cannot waive a requirement for a conditional Uuse Ppermit when otherwise required or result in approval of uses otherwise prohibited by the Ccity’s General Plan Lland Uuse Element and zoning regulationsZoning Ordinance. [Source: 18.112.030.A]
B. Availability of Iinformation. Information regarding this reasonable accommodation procedure shall be prominently displayed at the public Planning Division’s public information counters in the planning division, advising the public of the availability of the procedure for eligible applicants, and be made available in any other manner as determined by the directorPlanning DirectorZoning Administrator. [Source: 18.112.030.B]
C. Assistance. If an applicant needs assistance in making the request, the Pplanning Ddivision will endeavor to shall provide the assistance necessary to ensure that the process is available to the applicant. [Source: 18.112.030.C]
D. Balancing Rrights and Rrequirements. The city willIn the City’s requests for information, consideration of an application, preparation of written findings, and maintenance of records of Reasonable Accommodation requests, it will attempt to balance:(1)

1. Thethe privacy rights and reasonable request of an applicant for confidentiality by an applicant, with (2) [Source: 18.112.030.D]
D.2. the land use rRequirements for notice and public hearing, factual findings, and rights to appeal, in the city’s requests for information, considering an application, preparing written findings and maintaining records for a request for reasonable accommodation. (Ord. 838 § 1, 2009) established in this Title. [Source: 18.112.030.D]

18.125.040 Application Requirements
A. Application. The applicant shall submit a request for Rreasonable Aaccommodation on a form provided by the Pplanning Ddivision. The application shall include the following information:
[Source: 18.112.040.A]

1. The applicant’s name, address, and telephone number; [Source: 18.112.040.A.1]

2. Address of the property for which the request is being made; [Source: 18.112.040.A.2] Item 10.1
City Council Meeting Agenda - Page 1472 of 2120 - Monday, April 21, 2025 Chapter 18.125 Reasonable Accommodation
36 3. The name and address of the property owner, and the owner’s written consent to the application; [Source: 18.112.040.A.3]

4. The current actual use of the property; [Source: 18.112.040.A.4]

5. The basis for the claim that the individual is considered disabled under the fair housing laws.: identification and description of the disability which is the basis for the request for accommodation, including current, written medical certification and description of disability and its effects on the person’s medical, physical or mental limitations; [Source: 18.112.040.A.5]

6. 6. The type of accommodation being requested and the rule, policy, practice, and/or procedure of the Zoning Ordinance to be modified or waived. [Source: 18.112.040.A.6 and 18.112.040.A.7]

7. The rule, policy, practice and/or procedure of the city for which the request for accommodation is being made, including the zoning code regulation from which reasonable accommodation is being requested; [Source: 18.112.040.A.6]

8. The type of accommodation sought; [Source: 18.112.040.A.7]

9.7. The reason(s)A description for why the accommodation is reasonable and necessary for the needs of the individual(s) with the disabilitydisabled person(s) to use and enjoy the housing unit. Where appropriate, include a summary of any potential means and alternatives considered in evaluating the need for the accommodation; [Source:

18.112.040.A.8]

10.8. Copies of memoranda, correspondence, pictures, plans, or background information reasonably necessary to reach a decision regarding the need for the accommodation; and [Source: 18.112.040.A.9]

11.9. Other supportive information deemed necessary by the department Planning Division to facilitate proper consideration of the request, consistent with fair housing laws. [Source: 18.112.040.A.10]
B. Review with Oother Lland Uuse Aapplications. If the project for which the Rreasonable Aaccommodation is being requested also requires some other discretionary approval (such asei.ge., conditional Uuse Ppermit, Aarchitectural Rreview Permit, Ggeneral Pplan Aamendment, Zzoning Aamendment, Ssubdivision Mmap), then the applicant shall submit the Rreasonable Aaccommodation application first for a determination by the Zzoning Aadministrator, before proceeding with the other applications. [Source: 18.112.040.B] C. Fee. The fee for an application for Rreasonable Aaccommodation shall be established by resolution of the Ccity Ccouncil. (Ord. 838 § 1, 2009) [Source: 18.112.040.C]

18.125.050 Filing, Processing, and Review
A. Notice and Public Hearing. No advance notice or public hearing is required for consideration of Rreasonable Aaccommodation requests by the Zzoning Aadministrator. Requests for Rreasonable Aaccommodation subject to review by the Pplanning Ccommission or Aarchitectural Rreview Ccommission shall require advance notice and a public hearing Item 10.1
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37 pursuant toin compliance with the requirements of PHMC § Chapter 18.80.030195 (Notice Requirements). [Source: 18.112.050.B]
B. Decision.

B.1. Within 30 working days following the submittal of a complete application, the The Zzoning Aadministrator shall render approve, conditionally approve, or deny a Reasonable Accommodation application, or a decision or refer the matter to the Pplanning Ccommission or Aarchitectural Rreview Ccommission within 30 calendar days after the application is complete, and shall approve, approve with conditions or deny the application, based on the findings set forth in PHMC § 18.112.060. The Zoning Administrator shall mail notice of the decision to the applicant and all residents and property owners within 300 feet of the project siteThe Ndecision shall be in writing and mailed to the applicant and to all residents and property owners within 300 feet of the project site. [Source: 18.112.050.C]

2. If the application for Rreasonable Aaccommodation involves another discretionary decision, the reviewing body review authority for that decision shall accept as final the determination regarding Rreasonable Aaccommodation by the Zzoning Aadministrator, unless the Rreasonable Aaccommodation request has been referred by the zoning administrator to the Pplanning Ccommission or Aarchitectural Rreview Ccommission for consideration. [Source: 18.112.050.C]

3. If the application for Rreasonable Aaccommodation is referred to, or reviewed by, the Pplanning Ccommission or Aarchitectural Rreview Ccommission, a decision to approve, approve with conditionsconditionally approve, or deny the application shall be rendered within 20 working days after the close of the public hearing, based on the findings set forth in PHMC § 18.112.060. (Ord. 838 § 1, 2009). [Source: 18.112.050.C]

18.125.060 Findings
A. Findings. The reviewing authorityreview authority shall approve or conditionally approve an application for Reasonable Accommodation the application, with or without conditions, if it can make the following findings: [Source: 18.112.060.A]

1. The housing will be used by a qualified disabled person; [Source: 18.112.060.A.1]

2. The requested accommodation is necessary to make specific housing available to a disabled qualified person; [Source: 18.112.060.A.2]

3. The requested accommodation would not impose an undue financial or administrative burden on the Ccity; and [Source: 18.112.060.A.3]

4. The requested accommodation would not require a fundamental alteration in the nature of a Ccity program or law, including land use and zoning. [Source:

18.112.060.A.4]
B. Other Rrequirements. [Source: 18.112.060.B]
Item 10.1
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38 1. An approved request for Rreasonable Aaccommodation is subject to the applicant’s compliance with all other applicable zoning regulations of this Title. [Source:

18.112.060.B.1]

2. A modification approved under this Cchapter is considered a personal accommodation for the individual applicant and does not run with the land. [Source: 18.112.060.B.2

3. Where appropriate, the reviewing authority may apply any or all of the following conditions condition its approval on any or all of the followingto approval: [Source:

18.112.060.B.3]
a. Inspection of the property periodically, as specified, toproperty to verify compliance with this section Chapter and any conditions of approval. The frequency of inspection shall be specified in the condition of approval.; [Source: 18.112.060.B.3.a]
b. Removal of the improvements if or when the need for which the accommodation was granted no longer exists, where if removal would not constitute an unreasonable financial burden, when the need for which the accommodation was granted no longer exists.; [Source: 18.112.060.B.3.b] c. Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists.; [Source: 18.112.060.B.3.c] d. Recordation of a deed restriction requiring removal of the accommodating feature once the need for it no longer exists.; [Source: 18.112.060.B.3.d] e. Measures to reduce the impact on surrounding uses; [Source:

18.112.060.B.3.e]
f. fMeasures in consideration of the physical attributes of the property and structures; [Source: 18.112.060.B.3.f]
g.e. Other reasonable accommodations that may provide an equivalent level of benefit and/or that will not result in an encroachment into required setbacks, exceedance of maximum height, lot coverage, or floor area ratio requirements specified for the Zzone Ddistrict; and. [Source: 18.112.060.B.3.g] h.f. Other conditions necessary to protect the public health, safetysafety, and welfare of surrounding residents, workers, and visitors. (Ord. 838 § 1, 2009) [Source: 18.112.060.B.3.h]

18.125.070 Appeal
A decision by the Zzoning Aadministrator may be appealed to the Pplanning Ccommission and/or Architectural Review Commission and a decision of the Pplanning Ccommission and/or Aarchitectural Rreview Ccommission may be appealed to the Ccity Ccouncil in accordance with the appeal procedures in of PHMC Chapter 18.130175 (Appeals and Calls for Review). (Ord. 838 § 1, 2009) [Source: 18.112.070]
Item 10.1
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39 Item 10.1
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40 Chapter 18.130
Sign Permit
Item 10.1
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41 Chapter 18.130 Sign Permit
Sections

18.130.010 Purpose and Applicability

18.130.020 Review Authority

18.130.030 Filing, Processing, and Review

18.130.040 Findings

18.130.050 Conditions of Approval

18.130.060 Lapse of Approval – Changes to Plans

18.130.070 Revocation

18.130.010 Purpose and Applicability
No sign shall be erected or displayed without a Ssign Ppermit or temporary sign permit, unless the sign is exempt under PHMC § Section 18.60.02018.80.040 (Exempt Signs). [Source: 18.105.010]

18.130.020 Review Authority
A. The Zzoning Aadministrator has the authority to approve, conditionally approve, or deny a Ssign Ppermit. The Zzoning Aadministrator may, in his or her discretion, refer a Ssign Ppermit directly to the Aarchitectural Rreview Ccommission. [Source: 18.105.020] B. In addition to Subsection A, tThe Aarchitectural Rreview Ccommission has the authority to approve, conditionally approve, or deny a Ssign Ppermit for a theater or marquee sign under PHMC § 18.60.050.FSection 18.80.070 (Specific Sign Standards). [Source: 18.105.020]

18.130.030 Filing, Processing, and Review
A. Application. An applicant for a Sign Permit shall submit the following: [Source: 18.105.030.A]

1. A complete application and all applicable materials and information as provided by the Planning Division. [Source: 18.105.030.A]

2. The Zoning Administrator, at their discretion, may add or waive the submission of application materials or information to determine compliance with the standards of this Chapter. [Source: Source: 18.105.030.A]
A. Application. The applicant shall submit a request for a sign permit, to the zoning administrato on forms provided by the city. An application is determined to be complete in accordance with PHMC § 18.75.030. [Source: 18.105.030.A]]The Zoning Administrator may waive submission of items deemed unnecessary to determine compliance with applicable requirements of this Chapter. [Source: NEW]
B. Notice and Public Hearing.

Item 10.1
City Council Meeting Agenda - Page 1478 of 2120 - Monday, April 21, 2025 Chapter 18.130 Sign Permit
42 1. No notice or public hearing is required, unless referred to the Architectural Review Commission or appealed to the Planning Commission and/or City Council, in which case a public hearing shall be held and noticed in compliance with Chapter 18.195 (Notice Requirements). [Source: 18.105.030.A]

1. Within 10 working days following the submittal of a complete application, The the Zzoning Aadministrator shall approve, conditionally approve, or deny an application a Sign Permit applicationwithin 10 working days. [Source: 18.105.030.B]

2. If the Zoning Administrator refers an application for a Sign Permit to the Architectural Review Commission, the Architectural Review Commission The architectural review commission shall approve, conditionally approve, or deny an application within 30 20 working days following the close of the public hearing. [Source: 18.105.030.B] B.3. The Zzoning Aadministrator shall mail notice of the decision to the applicant within 10 calendar days of the decision. In the case of an appeal, the date of decision is the date of the adoption of a resolution of decision. [Source: 18.105.030.B] D. Effective Ddate – Appeal. . A Ssign Ppermit or master sign program approval or temporary sign permit is effective on the date of approval. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.175 (Appeals and Calls for Review) has been exhausted.

C.E. Appeal. Any interested person may appeal a decision of the application by the Zzoning Aadministrator to the Aarchitectural Rreview Ccommission and a decision of the Aarchitectural Rreview Ccommission to the Ccity Ccouncil, in accordance with PHMC Chapter 18.130Chapter

18.175 (Appeals and Calls for Review). [Source: 18.105.030.C] D.F. Projects with Mmultiple Ddiscretionary Aapplications. Notwithstanding Ssubsections B and C of this section, for projects requiring a discretionary permit approval from the Pplanning Ccommission and/or Ccity Ccouncil in conjunction with approval of a Ssign Ppermit and/or master sign program, the Pplanning Ccommission and/or Ccity Ccouncil shall be the final decision-maker for the Ssign Ppermit and/or master sign program and any action of the Zzoning Aadministrator and/or Aarchitectural Rreview Ccommission shall be considered advisory to the Pplanning Ccommission and/or Ccity Ccouncil. (Ord. 921 § 2, 2018; Ord. 856 § 2 (Exh. A), 2011; Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.4, 1996; 1991 code § 35-30A.4) [Source: 18.105.030.D]

18.130.040 Findings
The review authorityzoning administrator or architectural review commission shall consider the following elements in evaluating a Ssign Ppermit application: [Source: 18.105.040.A] A. Visibility and legibility, including: [Source: 18.105.040.A.1]

1. Lletter height and legibility, [Source: 18.105.040.A.1] Item 10.1
City Council Meeting Agenda - Page 1479 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.130 Revised Preliminary Draft – March 2025
43 2. Ccontrast-background relationship [Source: 18.105.040.A.1]

3. , pPlacement and location , and the i[Source: 18.105.040.A.1]

4. Impact of other signs in the vicinity, and the [Source: 18.105.040.A.1]

1.5. Aaverage travel speed on adjacent streets. [Source: 18.105.040.A.1] B. Intensity of illumination of both the proposed sign and other signs in the vicinity, and other light sources such as street lightsstreetlights or canopy lights. [Source: 18.105.040.A.2] C. The relation to the architectural design of the building. An attractive scale between the sign, the building, and the immediate surroundings shall be maintained. A signSigns that which covers a window or which , spills over natural boundaries or architectural features, or and obliterates obstructs block parts of an upper floor of a building may are not be permittedallowed. [Source: 18.105.040.A.3]
D. The graphic design, including emphasis on simplicity, style, trademarks or business identification, and use of symbols. [Source: 18.105.040.A.4] E. The sign proposal conforms to the city-wide sign design guidelines and/or other applicable adopted design guidelines. [Source: 18.105.040.A.5]

18.130.050 Conditions of Approval
In approving a Ssign Ppermit, master sign program or temporary sign permit, the zoning administrator or architectural review commission review authority may impose reasonable conditions necessary to:
[Source: 18.105.050]
A. Achieve consistency with the general purposes of this Cchapter, or the specific purposes of the zoning districtzoning district in which the site is located, or to make it consistent with and the Ggeneral Pplan; [Source: 18.105.050.A]
B. Protect the public health, safety, and general welfare; or [Source: 18.105.050.B] C. Ensure the sign is operation and maintenance of the use in a manner compatible with existing and potential uses on-site and adjoining properties or in the surrounding area. (Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.8, 1996; 1991 code § 35-30A.8) [Source:

18.105.050.C]

18.130.060 Lapse of Approval – Changes to Plans
A. Sign permit. Lapse of Approval. A Ssign Ppermit lapses one year 12 months after its date of approval, or at an alternative time specified as a condition of approval, unless the sign is placed within that time. [Source: 18.105.060.A]
B. Changes to Plans or Conditions of Approval. A request for a change in a condition of approval, or a change in the Sign Permit which affects a condition of approval, requires an application for modification of the condition. [Source: 18.105.060.A]

1. If the Zoning Administrator determines that the modification is minor, the Zoning Administrator may approve the modification administratively. The Zoning Item 10.1
City Council Meeting Agenda - Page 1480 of 2120 - Monday, April 21, 2025 Chapter 18.130 Sign Permit
44 Administrator’s decision may be appealed to the Planning Commission. [Source:

18.105.060.A]

2. If the Zoning Administrator determines that the modification is major, then the modification shall be referred to the final decision-making body that approved the original Sign Permit. [Source: 18.105.060.A]
A. A request for a change in the sign permit or a condition of approval requires a new application, for modification of the condition. If the zoning administrator determines that the modification is major, then the modification shall be referred for consideration to the final decision-making body that approved the original sign permit. If the zoning administrator determines that the proposed modification is minor, the zoning administrator may approve the minor modification administratively . [Source: 18.105.060.A]

18.130.070 Revocation
A. Revocation. A sign permit, master sign program or temporary sign permit complianceexercised in violation of this chapter or a condition of approval may be revoked as provided in PHMC §

18.135.040. (Ord. 856 § 2 (Exh. A), 2011; Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.10, 1996; 1991 code § 35-30A.10) [Source: 18.105.060.D] A. A Sign Permit may be revoked in compliance with Section 18.135.040 (Revocation or Modification of Discretionary Permits) if found in violation of this Chapter or a condition of approval [Source: 18.105.060.D]
B. Resubmittal of Application. Following denial of a Ssign Ppermit or master sign program, no new application for the same, or substantially the same, permit or program shall be accepted within one year 12 months of the date of denial, unless the denial was made without prejudice. (Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.12, 1996; 1991 code § 35- 30A.12) [Source: 18.105.070]
Item 10.1
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45 Chapter 18.135
Temporary Sign Permit
Item 10.1
City Council Meeting Agenda - Page 1482 of 2120 - Monday, April 21, 2025 Chapter 18.135 Temporary Sign Permit
46 Chapter 18.135 Temporary Sign Permit
Sections

18.135.010 Purpose and Applicability

18.135.020 Review Authority

18.135.030 Filing, Processing, and Review

18.135.040 Findings

18.135.050 Conditions of Approval

18.135.060 Lapse of Approval – Changes to Plans

18.135.070 Revocation

18.135.080 Resubmittal of Application

18.135.010 Purpose and Applicability
A. Purpose. The purpose of this Chapter is to establish filing and processing procedures for temporary signs as required under Section 18.80.030 (Permit Required). [Source: NEW] B. Applicability. A Temporary Sign Permit is required for all temporary signs, unless exempt under Section 18.80.040 (Exempt Signs). [Source: NEW]
No sign shall be erected or displayed without a sign permit or temporary sign permit, unless the sign is exempt under PHMC § 18.60.020. [Source: 18.105.010] A temporary sign permit is required to authorize certain temporary signs under PHMC §

18.60.030.C. [Source: 18.105.010]

18.135.020 Review Authority
The Zzoning Aadministrator has the authority to approve, conditionally approve, or deny a sign permita Temporary Sign Permit application, whether a Mmaster Ssign Pprogram exists or not, or a temporary sign permit under PHMC § 18.60.030. The Zzoning Aadministrator may, in his or her discretion, refer a sign permit or Ttemporary Ssign Ppermit directly to the Aarchitectural Rreview Ccommission. [Source:

18.105.020]

18.135.030 Filing, Processing, and Review
A. Application. An applicant for a Temporary Sign Permit shall submit the following: [Source:

18.115.030.A]

1. A complete application and all applicable materials and information as provided by the Planning Division. [Source: NEW]

2. The Zoning Administrator, at their discretion, may add or waive the submission of application materials or information to determine compliance with the standards of this Chapter. [Source: NEW]
Item 10.1
City Council Meeting Agenda - Page 1483 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.135 Revised Preliminary Draft – March 2025
47 B. Application. The applicant shall submit a request for a sign permit, master sign program or temporary sign permit to the zoning administrator on forms provided by the city. An application is determined to be complete in accordance with PHMC § 18.75.030. [Source:

18.105.030.A]Noticing and Public Hearing. No notice or public hearing is required, unless the decision is appealed to the Planning Commission and/or City CouncilArchitectural Review Commission. [Source: 18.105.030.A].

A.C. Decision. Within 10 working days following the submittal of a complete application, The the Zzoning Aadministrator shall approve, conditionally approve, or deny an application within 10 working daysa Temporary Sign Permit application. The architectural review commission shall approve, conditionally approve or deny an application within 30 working days. The Zzoning Aadministrator shall mail notice of the decision to the applicant within 10 calendar days of the decision. In the case of an appeal, the date of decision is the date of the adoption of a resolution of decision. [Source: 18.105.030.B]
D. Effective Ddate – Appeal.. A sign permit or master sign program approval or Ttemporary Ssign Ppermit is effective on the date of approval. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.175 (Appeals and Calls for Review) is exhausted.

B.E. Appeal. Any interested person may appeal a decision of the application by the Zzoning Aadministrator to the Aarchitectural Rreview Ccommission and of the architectural review commission to the city council, in accordance with PHMC Chapter 18.130Chapter 18.175 (Appeals and Calls for Review). [Source: 18.105.030.C]
C.F. Projects with Mmultiple Ddiscretionary Aapplications. Notwithstanding Ssubsections B and C of this section, for projects requiring a discretionary permit approval from the Pplanning Ccommission and/or Ccity Ccouncil in conjunction with approval of a Temporary Sign Permitsign permit and/or master sign program, the Pplanning Ccommission and/or Ccity Ccouncil shall be the final decision-maker for the Temporary Sign Permitsign permit and/or master sign program and any action of the Zzoning Aadministrator and/or architectural review commission shall be considered advisory to the Pplanning Ccommission and/or Ccity Ccouncil. (Ord. 921 § 2, 2018; Ord. 856 § 2 (Exh. A), 2011; Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.4, 1996; 1991 code § 35-30A.4) [Source: 18.105.030.D]

18.135.040 Findings
A. The review authority may Temporary sign permit. Before approving approve an application for a Ttemporary Ssign Ppermit, the zoning administrator must if it finds thaall of the following to be true: [Source: 18.105.040.C]
B.A. The proposed temporary sign will be located, operated, and maintained in a manner consistent with the Ggeneral Pplan and this Cchapter; [Source: 18.105.040.C.1] C.B. Approval of the application Temporary Sign Permit will not be detrimental to adjacent properties or to , property in the surrounding area, or to the public health, safety, or general welfare; and [Source: 18.105.040.C.2]
C. The proposed temporary sign proposal conforms to the city-wide sign design guidelines and/or other applicable adopted design guidelines. (Ord. 856 § 2 (Exh. A), 2011; Ord. 854 § 3, 2011; Item 10.1
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48 Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.6, 1996; 1991 code § 35-30A.6) [Source:

18.105.040.C.3]
D. Ensure the temporary sign is incompliance with the sign display duration standards established in Section 18.80.090 (Temporary Freestanding Sign Standards) and Section 18.80.100 (Standards for Other Types of Temporary Signs) in Part 3 of this Title. [Source: NEW]

18.135.050 Conditions of Approval
In approving a sign permit, master sign program or Ttemporary Ssign Ppermit, the zoning administrator or architectural review commission review authority may impose reasonable conditions necessary to:
[Source: 18.105.050]
A. Achieve consistency with the general purposes of this Cchapter, or the specific purposes of the zoning districtzoning district in which the site is located, or to make it consistent with and the Ggeneral Pplan; [Source: 18.105.050.A]
B. Protect the public health, safety, and general welfare; or [Source: 18.105.050.B] C. Ensure temporary sign is displayed operation and maintenance of the use in a manner compatible with existing and potential uses on-site and on adjoining properties or in the surrounding area. (Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.8, 1996; 1991 code § 35-30A.8) [Source: 18.105.050.C]
C.

18.135.060 Lapse of Approval – Changes to Plans
A. Temporary sign permit. Lapse of Approval. A Ttemporary Ssign Ppermit is valid for the time periodduration of the period specified in the permit application. The A Temporary Sign Permit permit lapses if not used within the dates approved. [Source: 18.105.060.C] A. Changes to Plans or Conditions of Approval. A request for a change in a condition of approval, or a change in the Temporary Sign Permit which affects a condition of approval, requires an application for modification of the condition. [Source: 18.105.060.A]

1. If the Zoning Administrator determines that the modification is minor, the Zoning Administrator may approve the modification administratively. The Zoning Administrator’s decision may be appealed to the Architectural Review Commission. [Source: 18.105.060.A]

18.135.070 Revocation
Revocation. A sign permit, master sign program or Ttemporary Ssign Ppermit may be revoked in accordance with Section 18.135.040 (Revocation or Modification of Discretionary Permits) exercised if found in violation of this Cchapter or a condition of approval may be revoked as provided in PHMC § Item 10.1
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49 18.135.040. (Ord. 856 § 2 (Exh. A), 2011; Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.10, 1996; 1991 code § 35-30A.10) [Source: 18.105.060.D]

18.135.080 Resubmittal of Application
Following denial of a Ssign Ppermit or Mmaster Ssign PprogramTemporary Sign Permit, no new application for the same, or substantially the same, permit or program shall be accepted within one year 12 months of the date of denial, unless the denial was made without prejudice. (Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.12, 1996; 1991 code § 35-30A.12) [Source:

18.105.070]
Item 10.1
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50 Chapter 18.140
Master Sign Program
Item 10.1
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51 Chapter 18.140 Master Sign Program
Sections

18.140.010 Purpose and Applicability

18.140.020 Review Authority

18.140.030 Filing, Processing, and Review

18.140.040 Findings

18.140.050 Conditions of Approval

18.140.060 Lapse of Approval – Changes to Plans

18.140.070 Revocation

18.140.080 Resubmittal of Application

18.140.010 Purpose and Applicability
A MCmaster Ssign Pprogram , under PHMC § 18.60.080, is required for a site having with four or more nonresidential occupantstenants. (Ord. 856 § 2 (Exh. A), 2011; Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh.

B), 1999; Ord. 710 § 35-30A.1, 1996; 1991 code § 35-30A.1) [Source: 18.105.010]

18.140.020 Review Authority
The Aarchitectural Rreview Ccommission has the authority to: [Source: 18.105.020] A. Aapprove, conditionally approve, or deny a Mmaster Ssign Pprogram and an amendments to a Mmaster Ssign Pprogram. [Source: 18.105.020]
B. , to Pprepare sign design criteria under Chapter 18.80 (Signs)PHMC § 18.60.. [Source:

18.105.020]

18.140.030 Filing, Processing, and Review
A. Application. The applicant shall submit a complete application for request for a sign permit, Mmaster Ssign Pprogram or temporary sign permit to the Zzoning Aadministrator on forms provided by the city. An application is determined to be complete in accordance with PHMC §

18.75.030. [Source: 18.105.030.A]
A.

1. The application for a Mmaster Ssign Pprogram shall include all of the following:
[Source: 18.105.030.A]

1.2. A master sign programPlans, drawn to scale, delineating the site proposed to be included within the Master Ssign Pprogram and the general location of all signs; [Source: 18.105.030.A.1]
Item 10.1
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52 2.3. Drawings and/or sketches indicating the exterior surface details of all buildings on the site on which wall signs, directory signs, ground signs, or projecting signs are proposed; [Source: 18.105.030.A.2]

3.a. A statement of the reasons for any requested modification to the regulations or standards of PHMC Chapter 18.6018.80 (Signs); and [Source:

18.105.030.A.3]

4.b. A written program specifying sign standards, including color, size, construction details, placement, and necessity for Ccity review, for distribution to future tenants. [Source: 18.105.030.A.4]

4. Noticing and Public Hearing.
a. The Architectural Review Commission shall hold a public hearing on an application for a Master Sign Program and notice such meeting in compliance with Chapter 18.195 (Notice Requirements). A public hearing may be continued to a definite date and time without additional public notice. [Source:

B. Decision. Within 20 working days following the public hearing, The zoning administrator shall approve, conditionally approve or deny an application within 10 working days. The the Aarchitectural Rreview Ccommission shall approve, conditionally approve, or deny an application within 30 working daysa Master Sign Program application. The Zzoning Aadministrator shall mail notice of the decision to the applicant within 10 calendar days of the decision. In the case of an appeal, the date of decision is the date of the adoption of a resolution of decision. [Source: 18.105.030.B]
C. Effective Ddate – Appeal. . AA sign permit or Mmaster Ssign Pprogram approval or temporary sign permit is effective on the date of approval. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.175 (Appeals and Calls for Review) is exhausted.

C.D. Appeal. Any interested person may appeal a decision of the application by the zoning administrator to the architectural review commission and of the Aarchitectural Rreview Ccommission to the Ccity Ccouncil, in accordance with PHMC Chapter 18.130Chapter 18.175 (Appeals and Calls for Review). [Source: 18.105.030.C]
D.E. Projects with Mmultiple Ddiscretionary Aapplications. Notwithstanding Ssubsections BB and CC of this section, for projects requiring a discretionary permit approval from the Pplanning Ccommission and/or Ccity Ccouncil in conjunction with approval of a Ssign Ppermit and/or Mmaster Ssign Pprogram, the Pplanning Ccommission and/or Ccity Ccouncil shall be the final decision-maker for the Ssign Ppermit and/or Mmaster Ssign Pprogram and any action of the Zzoning Aadministrator and/or Aarchitectural Rreview Ccommission shall be considered advisory to the Pplanning Ccommission and/or Ccity Ccouncil. (Ord. 921 § 2, 2018; Ord. 856 Item 10.1
City Council Meeting Agenda - Page 1489 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.140 Revised Preliminary Draft – March 2025
53 § 2 (Exh. A), 2011; Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.4, 1996; 1991 code § 35-30A.4) [Source: 18.105.030.D]

18.140.040 Findings
Master sign program. The review authority may approve an application for a Before approving a Mmaster Ssign Pprogram, the architectural review commission must find that if it finds all of the following to be true: [Source: 18.105.040.B]
A. The Master Sign Pprogram’s contribution to the design quality of the site and surrounding area will be superior to the quality that would result under the regulations and standards of PHMC §

18.60.050Section 18.60.050 (Specific Sign Standards), Specific sign standards; [Source:

18.105.040.B.1]
B. The proposed signs are compatible with the style or character of existing improvements on the site and are well-related to each other; and [Source: 18.105.040.B.2] C. Future tenants will not be denied adequate opportunities for identification if transfers of sign area from one building frontage to another are proposed by the Mmaster Ssign Pprogram. [Source: 18.105.040.B.3]
D. The Mmaster Ssign Pprogram conforms to the city-wide sign design guidelines and/or other applicable adopted design guidelines. [Source: 18.105.040.B.4]

18.140.050 Conditions of Approval
In approving a sign permit, Mmaster Ssign Pprogram or temporary sign permit, the zoning administrator or architectural review commission review authority may impose reasonable conditions necessary to:
[Source: 18.105.050]
A. Achieve consistency with the general purposes of this Cchapter, or the specific purposes of the zoning districtzoning district in which the site is located, or to make it consistent with and the Ggeneral Pplan; [Source: 18.105.050.A]
B. Protect the public health, safety, and general welfare; or [Source: 18.105.050.B] C. Ensure the implementation of a master sign program operation and maintenance of the use in a manner is compatible with existing and potential uses on adjoining properties or in the surrounding area. (Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.8, 1996; 1991 code § 35-30A.8) [Source: 18.105.050.C]

18.140.060 Lapse of Approval – Changes to Plans
A. Master sign program.Lapse of Approval. The approval of a Mmaster Ssign Pprogram does not lapse, but and remains in effect to regulate future signs on the lots included in the Master Sign Program. [Source: 18.105.060.B]
B. Changes to Master Sign Program. Changes to Plans or Conditions of Approval. A request for a change in a condition of approval, or a change in the Temporary Sign Permit which affects a condition of approval, requires an application for modification of the condition. [Source:

18.105.060.A]
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54 1. If the Zoning Administrator determines that the modification is minor, the Zoning Administrator may approve the modification administratively. The Zoning Administrator’s decision may be appealed to the Architectural Review Commission. [Source: 18.105.060.A]

2. If the Zoning Administrator determines that the modification is major, then the modification shall be referred to the final decision-making body that approved the original Temporary Sign Permit. [Source: 18.105.060.A]
A request for a change in the master sign program or a condition of approval requires a new application. If the zoning administrator determines that the modification is major, then the modification shall be referred for consideration to the final decision-making body that approved the original master sign program. If the zoning administrator determines that the proposed modification is minor, the zoning administrator may approve the minor modification administratively. [Source: 18.105.060.B]
A.C. Deviation for Single Tenant. A request for a deviation for a single tenant from the site Master Sign Program shall be processed in the same manner as a Sign Permit, with review by the Architectural Review Commission in compliance with Chapter 18.130 (Sign Permits)..030. [Source: NEW]

18.140.070 Revocation
Revocation. A Ssign Ppermit, Mmaster Ssign Pprogram , or Ttemporary Ssign Ppermit may be revoked in accordance with Section 18.135.040 (Revocation or Modification of Discretionary Permits) exercised if found in violation of this Cchapter or a condition of approval may be revoked as provided in PHMC §

18.135.040. (Ord. 856 § 2 (Exh. A), 2011; Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.10, 1996; 1991 code § 35-30A.10) [Source: 18.105.060.D]

18.140.080 Resubmittal of Application
Following denial of a Ssign Ppermit or Mmaster Ssign Pprogram, no new application for the same, or substantially the same, permit or program shall be accepted within one year 12 months of the date of denial, unless the denial was made without prejudice. (Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.12, 1996; 1991 code § 35-30A.12) [Source: 18.105.070] Item 10.1
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55 Chapter 18.135
Use Permit
Item 10.1
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56 Chapter 18.145 Use Permit
Sections

18.145.010 Purpose and Applicability

18.145.020 Review Authority

18.145.030 Filing, Processing, and Review

18.145.040 Findings

18.145.050 Conditions of Approval

18.145.060 Lapse of Approval – Changes to Plans

18.145.070 Revocation

18.145.080 Resubmittal of Application

18.145.010 Purpose and Applicability
A. Purpose. Use Permits provide a process for reviewing uses and activities that may be appropriate in the applicable zoning district, but the effect on the site and surroundings require additional consideration as part of the review process. [Source: NEW] B. Applicability.

1. Use Permit. A Uuse Ppermit is required for certain uses to be located within a zoning districtzoning district. Generally, a Uuse Ppermit is required because the use classification has unusual site development features or operating characteristics which require special consideration to be compatibledetermine compatibility with the surrounding area. [Source: 18.95.010]

2. Minor Use Permit. A Minor Use Permit is required where a Use Permit is needed for existing structures or a portion of a structure in any zoning district, certain wireless telecommunication facilities, or as otherwise specified in this Title or as determined by the Zoning Administrator. [Source: 18.95.020]

3. Temporary Use Permit. An application for a Ttemporary Uuse Ppermit is governed by PHMC Chapter 18.100Chapter 18.150 (Use Permit, Temporary). (Ord. 710 § 35-29.1, 1996; 1991 code § 35-29.1) [Source: 18.95.010]

18.145.020 Review Authority
A. Use Permit. The Pplanning Ccommission has the authority to approve, conditionally approve, or deny Uuse Ppermits applications., [Source: 18.95.020] B. Minor Use Permit. except that tThe Zzoning Aadministrator has the authority to approve, conditionally approve, or deny an application for a Mminor Uuse Ppermit application. or any use permit in PHMC Title 18 granting the approval authority to the zoning administrator. A minor use permit is a use permit pertaining to an existing structure or portion of a structure located in any zoning district, or certain qualifying wireless telecommunications facilities as specified by Item 10.1
City Council Meeting Agenda - Page 1493 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.135 Revised Preliminary Draft – March 2025
57 PHMC Chapter 18.67. The Zzoning Aadministrator, in his or her their discretion, may refer a Mminor Uuse Ppermit application directly to the Pplanning Ccommission for review, in which case the application shall comply with the processing procedures for a Use Permit as established in this Chapter. (Ord. 966 § 5, 2023; Ord. 934 § 11, 2019; Ord. 757 § 4, 2001; Ord. 710 § 35-29.2, 1996; 1991 code § 35-29.2) [Source: 18.95.020]

18.145.030 Filing, Processing, and Review
A. Application. An applicant for a Use Permit or Minor Use Permit shall submit the following:
[Source: 18.95.030.A]

1. A complete application for a Use Permit and all applicable materials and information as provided by the Planning Division. [Source: 18.95.030.A]

2. The Zoning Administrator, at their discretion, may add or waive the submission of application materials or information to determine compliance with the standards of this Chapter. [Source: 18.95.030.A]
A. Application. The applicant shall submit a request for a use permit to the zoning administrator on forms provided by the city. An application is considered to be complete if it is in accordance with PHMC § 18.75.030. A use permit application for certain uses in a residential zoning district is subject to pre-application review by other agencies, pursuant to PHMC § 18.20.075. [Source:

18.95.030.A]
B. Notice and Ppublic Hhearing.

1. Use Permit. The Pplanning Ccommission, or the Zzoning Aadministrator for a Mminor Uuse Ppermit, shall hold a public hearing on an application for a Uuse Ppermit, and shall hear testimony for and against the application. The public hearing shall be scheduled within 20 calendar days and held within 60 calendar days of the application being deemed complete. When applications for multiple entitlements requiring Planning Commission review on a single lot are filed at the same time, a combined public hearing may be scheduled for all entitlement applications submitted. Notice of the public hearing shall be given in accordance with Chapter 18.195 (Notice Requirements). A public hearing may be continued to a definite date and time without additional public notice. [Source: 18.95.030.B]

1. , unless exempted in this Title

2. Minor Use Permit. The Zoning Administrator shall hold a public hearing on an application for a Minor Use Permit, unless exempted in this Title. The public hearing shall be scheduled within 20 calendar days and held within 60 calendar days of the application being deemed complete. Notice of the public hearing shall be given in accordance with Chapter 18.195 (Notice Requirements). [Source: NEW]

3. Multiple Discretionary Permits. Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.XX.XXX (Multiple Discretionary Permits). [Source: NEW] The zoning administrator shall set the time and date for the public hearing. The hearing shall be scheduled within 20 calendar days, and held within 60 calendar days, after the Item 10.1
City Council Meeting Agenda - Page 1494 of 2120 - Monday, April 21, 2025 Chapter 18.135 Use Permit
58 application is deemed complete. When applications for multiple development plans, use permits or variances on a single site are filed at the same time, the zoning administrator may schedule a combined public hearing. [Source: 18.95.030.B] Notice of the hearing shall be given in accordance with PHMC Chapter 18.80. A public hearing may be continued to a definite date and time without additional public notice. [Source: 18.95.030.B]
C. Decision.

1. Use Permit. Within 20 working days following the public hearing, The the hearing body Planning Commission shall approve, conditionally approve, or deny an application a Use Permit application within 20 working days after the close of the public hearing. [Source: 18.95.030.C]

2. Minor Use Permit. Within 20 working days following the public hearing, the Zoning Administrator shall approve, conditionally approve, or deny a Minor Use Permit application. [Source: 18.95.030.C]
B.3. Notice of Decision. The Zzoning Aadministrator shall mail notice of the decision to the applicant and any other party requesting notice within 10 calendar days of the decision.

In the case of an appeal to the pPlanning Ccommission, or Ccity Ccouncil on appeal, the date of the decision is the date the Planning Ccommission or City Ccouncil adopts the resolution. [Source: 18.95.030.C]
C.D. Effective Ddate. A decision under this Cchapter takes effect at the end of the time allowed for an appeal, which is 10 calendar days after notice of the decision is mailed. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.175 (Appeals and Calls for Review) is exhaustedcompliance. [Source: 18.95.030.D] D.E. Appeal. A decision of the Zzoning Aadministrator may be appealed to the Pplanning Ccommission, and a decision of the Pplanning Ccommission may be appealed to the Ccity Ccouncil, all in compliancen accordance with the appeal procedures of PHMC Chapter

18.130Chapter 18.165 (Appeals and Call for Review). (Ord. 867 § 12, 2012; Ord. 727 § 16, 1998; Ord. 710 § 35-29.4, 1996; 1991 code § 35-29.4) [Source: 18.95.030.E]

18.145.040 Findings
The review authority planning commission (or zoning administrator, for a minor use permit) may approve an application for a Uuse Ppermit, or Minor Use Permit, if it finds all of the following to be true, based on the application, plans, materials and testimony submitted at the public hearing: [Source:

18.95.040]
A. The proposed use will not be detrimental to the health, safety, and general welfare of persons residing or working in the neighborhood of the proposed use; [Source: 18.95.040.A] B. The proposed use will not be injurious or detrimental to adjacent properties or to property in the neighborhood or to the general welfare of the city; and [Source: 18.95.040.B] C. The proposed use is consistent with the policies and goals established by the Ggeneral Pplan. [Source: 18.95.040.C]
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City Council Meeting Agenda - Page 1495 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.135 Revised Preliminary Draft – March 2025
59 D. In addition, iIf the Uuse Ppermit is for a residential use in a residential zoning districtzoning district pursuant toin compliance with PHMC § 18.20.075, the following additional findings are required: [Source: 18.95.040.D]

1. The proposed use is consistent with the purposes of the residential zoning districtzoning districts, as specified in PHMC § 18.20.010Section 18.15.010 (Purpose and Intent of Residential Zoning districts). [Source: 18.95.040.D.1]

2. The proposed use complies with the development and operational standards of PHMC § 18.20.075. [Source: 18.95.040.D.2]

3. The property and existing structures are physically suited to accommodate the use. [Source: 18.95.040.D.3]

4. The proposed use will be compatible with the character of the surrounding neighborhood and the use will not contribute to changing the residential character of the neighborhood. In evaluating this factor, the hearing body review authority mustshall, at a minimum, consider factors such as: [Source: 18.95.040.D.4] a. TheTheI relative size of the facility; [Source: 18.95.040.D.4] b. T.Ithe proximity of the use to schools, parks, and other residential care facilities; [Source: 18.95.040.D.4]
a.c. Proximity to outlets for alcoholic beverages; and [Source: 18.95.040.D.4]

4.d. TIthe existence of substandard physical characteristics in the area (i.e., such as lot lot widths, setbacks, street width, limited available parking, short blocks, etc.). [Source: 18.95.040.D.4]
The planning commission or zoning administrator may approve an application for a minor use permit if all of the above are found to be true, and the proposal is consistent with: (a) the general plan; (b) the general purposes of this chapter; (c) the specific purposes of the applicable base or overlay district; and (d) this chapter. (Ord. 867 § 13, 2012; Ord. 710 § 35-29.6, 1996; 1991 code § 35-29.6) [Source: 18.95.040]

18.145.050 Conditions of Approval
In approving a Uuse Ppermit , or Minor Use Permit, the review authority planning commission or the zoning administrator may impose reasonable conditions necessary to: [Source: 18.95.050] A. Achieve the general purposes of this Cchapter or the specific purposes of the zonezoning district in which the site is located, or to make it consistent with the Ggeneral Pplan; [Source:

18.95.050.A]
B. Protect the public health, safety, and general welfare; or [Source: 18.95.050.B] C. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area. (Ord. 710 § 35-29.8, 1996; 1991 code § 35-29.8) [Source: 18.95.050.C]
Item 10.1
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60 18.145.060 Lapse of Approval – Changes to Plans
A. Lapse of Aapproval.

A.1. A Uuse Ppermit, or Minor Use Permit, lapses one year 12 months after its date of approval, or at an alternative time specified as a condition of approval, unless one of the following has occurred: [Source: 18.95.060.A]

1.a. A Construction Permit (e.g., Demolition, Building, Grading, Site) has been issued, construction activities has commenced, and applicable preconstruction tasks have startedA Bbuilding Ppermit has been issued, substantial money has been expended, and construction diligently pursued; or [Source:

18.95.060.A.1]

2.b. A Ccertificate of Ooccupancy has been issued; or [Source: 18.95.060.A.2]

3.c. The use is established; or [Source: 18.95.060.A.3] a. The use permit is renewed by the hearing body which originally approved it.

No new notice or public hearing is required for a renewal if the findings required for approval remain valid. [Source: 18.95.060.A.4]
d. The Use Permit or Minor Use Permit is renewed by the review authority which originally approved it. No new notice or public hearing is required for a renewal if the findings required for approval remain valid. [Source: 18.95.060.A.4]

2. A Uuse Ppermit, or Minor Use Permit, automatically lapses if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more. A lapsed Uuse Ppermit or Minor Use Permit for a residential use is not a binding precedent for future applications. [Source: 18.95.060.A] B. Changes to Plans or Conditions of Approval. A request for a change in a condition of approval, or a change in the Use Permit or Minor Use Permit which affects a condition of approval, requires a new application for modification of the condition. [Source: 18.95.060.B]

18.95.060.B]

2. If the Zoning Administrator determines that the modification is major, then the modification shall be referred to the final decision-making body that approved the original Use Permit or Minor Use Permit. [Source: 18.95.060.B] B. Changes to plans. A request for a change in the use permit or a condition of approval requires a new application for modification of the condition. If the zoning administrator determines that the modification is minor, the zoning administrator may approve that minor modification administratively, and that decision may be appealed to the planning commission. If the zoning administrator determines that a modification is major, the modification shall be referred for consideration to the final decision-making body that reviewed and approved the original use permit. [Source: 18.95.060.B]
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61 18.145.070 Revocation
A Uuse Ppermit or Minor Use Permit exercised in violation of this Cchapter or a condition of approval may be revoked, as provided in in accordance with PHMC § 18.135.040Section 18.175.040 (Revocation or Modification of Discretionary Permits). (Ord. 867 § 14, 2012; Ord. 856 § 2 (Exh. A), 2011; Ord. 710 § 35-29.10, 1996; 1991 code § 35-29.10) [Source: 18.95.060.C]

18.145.080 Resubmittal of Application
Following denial of a Uuse Ppermit or Minor Use Permit application, no new application for the same, or substantially the same, Uuse Ppermit or Minor Use Permit shall be accepted within one year 12 months of the date of denial, unless the denial was made without prejudice. (Ord. 710 § 35-29.12, 1996; 1991 code § 35-29.12) [Source: 18.95.070]
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62 Chapter 18.150
Use Permit, Temporary
Item 10.1
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63 Chapter 18.150 Use Permit, Temporary
Sections

18.150.010 Purpose and Applicability

18.150.020 Review Authority

18.150.030 Filing, Processing, and Review

18.150.040 Findings

18.150.050 Conditions of Approval

18.150.060 Lapse of Approval

18.150.010 Purpose and Applicability
A. Purpose. This Chapter establishes procedures for allowing ministerial approval of Temporary Use Permits for short-term activities or uses. [Source: NEW] B. Applicability. A Ttemporary Uuse Ppermit is required to authorize certain temporary use classifications, as defined in PHMC § 18.15.070Section 18.190.080 (Temporary Land Use Classifications). A Ttemporary Uuse Ppermit may not be issued more than:

1. Ssix times during any calendar year and or for any up to longer than 14 days for each eventoccurrence. [Source: 18.100.010]

2. Each site shall not have temporary use permits that exceed more than 84 total days during any calendar year.

C. A Ttemporary Uuse Ppermit is not required for a special event held on both private and public property if the sponsor or property owner obtains a Sspecial Eevent Ppermit under PHMC Chapter 6.20 (Special Event Permit) in Title 6 of the Pleasant Hill Municipal Code. (Ord. 865 § 7, 2012; Ord. 856 § 2 (Exh. A), 2011; Ord. 710 § 35-30.1, 1996; 1991 code § 35-30.1) [Source:

18.100.010]

18.150.020 Review Authority
The Zzoning Aadministrator has the authority to approve, conditionally approve, or deny a Ttemporary Uuse Ppermit applications. The Zzoning Aadministrator may, in his or her their discretion, refer a tTemporary Uuse Ppermit application directly to the Pplanning Ccommission. (Ord. 710 § 35-30.2, 1996; 1991 code § 35-30.2) [Source: 18.100.020]

18.150.030 Filing, Processing, and Review
A. Application. The applicant shall submit an complete application for a Temporary Use Permit request for a temporary use permit to the Zzoning Aadministrator, on forms provided by the city. An application is considered to be complete if it is in accordance with PHMC § 18.75.030.

The Zoning Administrator may request additional plans and materials wWithin five working days of receiving a complete application, the zoning administrator may request additional plans Item 10.1
City Council Meeting Agenda - Page 1500 of 2120 - Monday, April 21, 2025 Chapter 18.150 Use Permit, Temporary
64 and materials necessary if deemed necessary to assess the potential impacts of the proposed temporary use. [Source: 18.100.030.A]
B. Notice and Public Hearing. No notice or public hearing is required for a Temporary Use Permit unless referred or appealed to the Planning Commission. [Source: 18.100.030.A] B.C. Decision. Within five working days following the submission of a complete application, The the Zzoning Aadministrator shall approve, conditionally approve, or deny a Temporary Use Permit application. The Zoning Administrator shall an application within five working days after receiving a complete application, and shall promptly notify the applicant. [Source:

18.100.030.B]
D. Effective Ddate – Appeals – Duration – Revocation. A Ttemporary Uuse Ppermit is effective on the date of approval. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.175 (Appeals and Calls for Review) is exhausted. [Source: 18.100.030.C] C.E. Appeal. Any interested person may appeal a denial decision of the a Temporary Use Permit application to the Pplanning Ccommission, in accordance compliance with Chapter 18.165 (Appeals and Call for Review)PHMC Chapter 18.130. [Source: 18.100.030.C] The permit is valid for the time period specified in the permit, not to exceed 14 calendar days.

The permit lapses if not used within the dates approved. [Source: 18.100.030.C]

18.150.040 Findings
The Zzoning Aadministrator shall approve anthe application for a Temporary Use Permit if they find all the following to be true as submitted, or in modified form, if the zoning administrator finds that: [Source:

18.100.040]
A. The proposed temporary use will be located, operated, and maintained in a manner consistent with the Ggeneral Pplan and this Cchapter; and [Source: 18.100.040.A] B. Approval of the application will not be detrimental to adjacent properties or to property in the surrounding area or to the public health, safety, or general welfare. (Ord. 710 § 35-30.6, 1996; 1991 code § 35-30.6) [Source: 18.100.040.B]

18.150.050 Conditions of Approval
In approving a Ttemporary Uuse Ppermit, the Zzoning Aadministrator may impose reasonable conditions necessary to: [Source: 18.100.050]
A. Ensure consistency with the general purposes of this Cchapter, the specific purposes of the zoning districtzoning district in which the site is located, and the Ggeneral Pplan; [Source:

18.100.050.A]
B. Protect the public health, safety, and general welfare. This may include, but is not limited to, conditions regarding: traffic, parking, noise, waste, and litter; and [Source: 18.100.050.B] C. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area. (Ord. 865 § 8, 2012; Ord. 710 § 35-30.8, 1996; 1991 code § 35-30.8) [Source: 18.100.050.C] Item 10.1
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65 18.150.060 Lapse of Approval
A. A Temporary Use Permit lapses if not used within the timeframe in which the permit was approved. [Source: 18.100.030.]
A. Revocation
B. The Zzoning Aadministrator may revoke the permita Temporary Use Permit for a violation of the terms of the permit. The revocation is effective immediately upon verbal or written notice to the permit holder. The Zzoning Aadministrator shall confirm any verbal notice in writing within two working days. (Ord. 727 § 7, 1998; Ord. 710 § 35-30.4, 1996; 1991 code § 35-30.4) [Source: 18.100.030.C]
Item 10.1
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66 Chapter 18.155
Variance
Item 10.1
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67 Chapter 18.155 Variance
Sections

18.155.010 Purpose and Applicability

18.155.020 Review Authority

18.155.030 Filing, Processing, and Review

18.155.040 Findings

18.155.050 Conditions of Approval

18.155.060 Lape of Approval – Changes to Plans

18.155.070 Resubmittal of Application

18.155.010 Purpose and Applicability
A. Purpose. The purpose of this Chapter is to allow variances from the zoning requirements established in this Title in compliance with California Government Code Sections 65900 through 65909. Variances may be approved when special circumstances are applicable to the property (e.g., location, shape, size, surroundings, topography) and/or the strict application of this Zoning Ordinance denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zones. [Source: NEW] B. Applicability.

1. Variance. A Vvariance is required when a property owner seeks relief from zoning requirements because of special physical conditions applicable to the property. [Source: 18.110.010]

2. Minor Variance. A Minor Variance is a variance in connection with property in a singlefamily zoning district. [Source: 18.110.010]

3. A Vvariance may not be granted regarding use classifications or density. [Source:

18.110.010]

4. A request for a Rreasonable Aaccommodation in the application of zoning regulations for a disabled person is not considered a Va variance or Minor Variance., See Chapter

18.125 (Reasonable Accommodation) but is covered under PHMC Chapter 18.112for permitting requirements for Reasonable Accommodation requests. (Ord. 838 § 3, 2009; Ord. 710 § 35-31.1, 1996; 1991 code § 35-31.1) [Source: 18.110.010]

18.155.020 Review Authority
A. Variance. The Pplanning Ccommission has the authority to approve, conditionally approve, or deny Vvariances,.

B. Minor Variance. except that the The Zzoning Aadministrator has the authority to approve, conditionally approve, or deny a Mminor Vvariance. A minor variance means a variance in Item 10.1
City Council Meeting Agenda - Page 1504 of 2120 - Monday, April 21, 2025 Chapter 18.155 Variance
68 connection with property in a single-family zoning district. The Zzoning Aadministrator may, in his or her their discretion, refer a Mminor Vvariance application directly to the Pplanning Ccommission for review. (Ord. 710 § 35-31.2, 1996; 1991 code § 35-31.2) [Source: 18.110.020]

18.155.030 Filing, Processing, and Review
A. Application. The applicant shall submit a complete application for a Variance or Minor Variance a request for a variance to to the Zzoning Aadministrator in the format approved by the Planning Division, on forms provided by the city. An application is considered to be complete if it is in accordance with PHMC § 18.75.030. [Source: 18.110.030.A] B. Notice and Ppublic Hhearing.

1. Variance. The Pplanning Ccommission , or the zoning administrator in the case of a minor variance, shall hold a public hearing on an application for a Vvariance and shall hear testimony for and against the application. The public hearing shall be scheduled within 20 calendar days and held within 60 calendar days of the application being deemed complete. When applications for multiple Ddevelopment Pplans, Uuse Ppermits or Vvariances on a single lot are filed at the same time, the Zzoning Aadministrator shall schedule a combined public hearing. When applications for multiple entitlements requiring Planning Commission review on a single lot are filed at the same time, a combined public hearing may be scheduled for all entitlement applications submitted. Notice of the public hearing shall be given in accordance with Chapter 18.195 (Notice Requirements). [Source: 18.110.030.B]

2. Minor Variance. The Zoning Administrator shall hold a public hearing on an application for a Minor Variance. The public hearing shall be scheduled within 20 calendar days and held within 60 calendar days of the application being deemed complete. Notice of the public hearing shall be given in accordance with Chapter 18.195 (Notice Requirements). [Source: NEW]

1. The zoning administrator shall set the time and date for the public hearing. The hearing shall be scheduled within 20 calendar days, and held within 60 calendar days, after the application is deemed complete. When applications for multiple development plans, use permits or variances on a single site are filed at the same time, the zoning administrator shall schedule a combined public hearing. [Source: 18.110.030.B]

3. Notice of thepublic hearings shall be given in complianceaccordance with Chapter

18.195 (Notice Requirements)PHMC Chapter 18.80. A public hearing may be continued to a definite date and time without additional public notice. [Source:

18.110.030.B]

4. Multiple Discretionary Permits. Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.XX.XXX (Multiple Discretionary Permits). [Source: NEW] C. Decision.

2.1. Variance. Within 20 working days following the public hearing, The the hearing body Planning Commission shall approve, conditionally approve, or deny an application a Item 10.1
City Council Meeting Agenda - Page 1505 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.155 Revised Preliminary Draft – March 2025
69 Variance applicationwithin 20 working days after the close of the public hearing. [Source: 18.110.030.C]

3.2. Minor Variance. Within 20 working days following the public hearing, The the Zoning Administrator shall approve, conditionally approve, or deny an a Minor Variance application for a Minor Variance within 20 working days after the close of the public hearing. [Source: NEW]
B.3. The Zzoning Aadministrator shall mail notice of the decision to the applicant and any other party requesting notice within 10 calendar days of the decision. In the case of an appeal to the Pplanning Ccommission, or Ccity Ccouncil on appeal, the date of the decision is the date the Planning Ccommission or City Ccouncil adopts the resolution. [Source: 18.110.030.C]
C.D. Effective Ddate. A decision under this section Chapter takes effect at the end of the time allowed for an appeal, which is 10 calendar days after notice of the decision is mailed. If the decision is appealed, . the decision is not final until the appeal process under Chapter 18.175 (Appeals and Calls for Review) is exhausted. [Source: 18.110.030.D] D.E. Appeal. A decision of the Zzoning Aadministrator may be appealed to the Pplanning Ccommission, and a decision of the Pplanning Ccommission may be appealed to the Ccity Ccouncil, all in complianceaccordance with Chapter 18.165 (Appeals and Call for Review)the appeal procedures of PHMC Chapter 18.130. (Ord. 710 § 35-31.4, 1996; 1991 code § 35-31.4) [Source: 18.110.030.E,]

18.155.040 Findings
In compliance with California Government Code 65900 through 65909, tThe review authority planning commission, or the zoning administrator in the case of a minor variance, may approve an application for a Vvariance or Minor Variance if it finds all of the following to be true, based on the application, plans, materials and testimony submitted at the public hearing: [Source: 18.110.040] A. The requested Vvariance or Minor Variance is based on the existence of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, such that the strict application of the zoning regulations of this Title deprives the property of privileges enjoyed by other properties in the vicinity under the identical same zoning classificationzoning district; [Source: 18.110.040.A]
B. The requested Vvariance or Minor Variance does not constitute a grant of special privileges inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is located; and [Source: 18.110.040.B]
C. The Vvariance substantially meets the intent and purpose of the zoning district in which the property is located. (Ord. 710 § 35-31.6, 1996; 1991 code § 35-31.6) [Source: 18.110.040.C]

18.155.050 Conditions of Approval
In approving a Vvariance or Minor Variance, the planning commission or zoning administrator review authority may impose reasonable conditions necessary to: [Source: 18.110.050] Item 10.1
City Council Meeting Agenda - Page 1506 of 2120 - Monday, April 21, 2025 Chapter 18.155 Variance
70 A. Achieve the general purposes of this Cchapter or the specific purposes of the zoning districtzoning district in which the site is located, or to make it consistent with the Ggeneral Pplan; [Source: 18.110.050.A]
B. Protect the public health, safety, and general welfare; or [Source: 18.110.050.B] C. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area. (Ord. 710 § 35-31.8, 1996; 1991 code § 35-31.8) [Source: 18.110.050.C]

18.155.060 Lape of Approval – Changes to Plans
A. Lapse of Aapproval. A Vvariance or Minor Variance lapses one year 12 months after its date of approval, or at an alternative time specified as a condition of approval, unless one of the following has occurred: [Source: 18.110.060.A]

2. A certificate of occupancy has been issued; or [Source: 18.110.060.A.2]

3. The Vvariance or Minor Variance is renewed by the hearing body review authority which originally approved it. No new notice or public hearing is required for a renewal if the findings required for approval remain valid. [Source: 18.110.060.A.3] B. Changes to Plans or Conditions of Approval. A request for a change in a condition of approval, or a change in the Variance or Minor Variance which affects a condition of approval, requires a new application for modification of the condition.

2. If the Zoning Administrator determines that the modification is major, then the modification shall be referred to the final decision-making body that approved the original Variance or Minor Variance. [Source: 18.90.060.B] B. Changes to plans. A request for a change in the variance or a condition of approval requires a new application, for modification of the condition. If the zoning administrator determines that the modification is major, then the modification shall be referred for consideration to the final decision-making body that approved the original variance. If the zoning administrator determines that the modification is minor, the zoning administrator may approve that minor modification administratively, and that decision may be appealed to the planning commission. (Ord. 856 § 2 (Exh. A), 2011; Ord. 710 § 35-31.10, 1996; 1991 code § 35-31.10) [Source:

18.110.060.B]

18.155.070 Resubmittal of Application
Following denial of a Vvariance or Minor Variance, no new application for the same, or substantially the same, Vvariance or Minor Variance shall be accepted within one year 12 months of the date of denial, Item 10.1
City Council Meeting Agenda - Page 1507 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.155 Revised Preliminary Draft – March 2025
71 unless the denial was made without prejudice. (Ord. 710 § 35-31.12, 1996; 1991 code § 35-31.12) [Source: 18.110.070]
Item 10.1
City Council Meeting Agenda - Page 1508 of 2120 - Monday, April 21, 2025 Chapter 18.160 Zoning Permit
72 Chapter 18.160
Zoning Permit
Item 10.1
City Council Meeting Agenda - Page 1509 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.160 Revised Preliminary Draft – March 2025
73 Chapter 18.160 Zoning Permit
Sections

18.160.010 Purpose and Applicability

18.160.020 Review Authority

18.160.030 Filing, Processing, and Review

18.160.040 Findings

18.160.050 Lapse of Approval – Changes to Plans

18.160.060 Revocation

18.160.070 Resubmittal of Application

18.160.010 Purpose and Applicability
A. Purpose. To ensure that each new, changed, or expanded use of a lotstructure complies with this Chapter. [Source: 18.85.010]
B. Applicability. A Zzoning Ppermit is required before any of the following can occur:

1. The issuance of a Bbuilding Permit or Ggrading Ppermit;, before

2. Aa new or change in use of a property, including the establishment of a new business;,

3. before Mmodifying, replacing, or constructing an accessory structure;,

4. Rreplacing or constructing a fence or wall within a residential front or street side yardsetback;, or;

5. for aA Section 6409(a) modification as specified by PHMC Chapter 18.67Chapter

18.100 (Wireless Communications).

The purpose is to ensure that each new or expanded use of a site and each new or expanded structure complies with this chapter. (Ord. 966 § 4, 2023; Ord. 964 § 21, 2023; Ord. 949 § 23, 2021; Ord. 910 § 8, 2017; Ord. 903 § 4, 2016; Ord. 745 § 6, 2000; Ord. 710 § 35-27.1, 1996; 1991 code § 35-27.1) [Source: 18.85.010]

18.160.020 Review Authority
The Zzoning Aadministrator has the authority to approve, conditionally approve, or deny an application for a Zoning Permit. [Source: NEW] shall issue a zoning permit if: (A) the proposed structure, use or fence complies with this chapter; and (B) no further environmental review is required under the California Environmental Quality Act (CEQA). (Ord. 745 § 7, 2000; Ord. 710 § 35-27.2, 1996; 1991 code § 35-27.2) [Source: 18.85.020]
Item 10.1
City Council Meeting Agenda - Page 1510 of 2120 - Monday, April 21, 2025 Chapter 18.160 Zoning Permit
74 18.160.030 Filing, Processing, and Review
A. Application. The applicant shall file a submit a completed complete application for a Zzoning Ppermit application with to the Zzoning Aadministrator. The application shall include the signature of the property owner in the form approved by the Planning Division. [Source:

18.85.030.A]
B. Notice and Public Hearing.

1. No notice or public hearing is required for a Zoning Permit, unless appealed to the Planning Commission in compliance with Subsection E. [Source: NEW]

2. Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.XX.XXX (Multiple Discretionary Permits). [Source: NEW]
A.C. Decision. Within five working days following the submittal of a complete application, The the Zzoning Aadministrator shall grant approve or deny the Zoning Permit application within five working days. The Zoning Administrator shall mail notice of the decision to the applicant and any other party requesting notice within 10 calendar days of the decision. If an application for a zoning permit is denied, no new application for the same, or substantially the same, zoning permit shall be filed within one year of the date of denial of the initial application, unless the denial is made without prejudice. [Source: 18.85.030.B] B.D. Effective Ddate. A Zzoning Ppermit is effective upon issuance. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.175 (Appeals and Calls for Review) is exhausted. [Source: 18.85.030.C, modified]
C.E. Appeal. Any interested person may appeal the Zzoning Aadministrator’s decision in complianceaccordance with PHMC Chapter 18.130Chapter 18.175 (Appeals and Calls for Review). [Source: 18.85.030.D]

18.160.040 Findings
The Zzoning Aadministrator shall issue a Zzoning Ppermit if they find the following to be true: [Source:

18.85.020]
A. tThe proposed structure, use, or fence complies with this Cchapter; and B. nNo further environmental review is required under the California Environmental Quality Act (CEQA). (Ord. 745 § 7, 2000; Ord. 710 § 35-27.2, 1996; 1991 code § 35-27.2) [Source:

18.85.020]

18.160.04018.160.050 Lapse of Approval – Changes to Plans A. Lapse of Aapproval. A Zzoning Ppermit lapses one year 12 months after its date of approval, or at an alternative time specified as a condition of approval, unless one of the following has occurred: [Source: 18.85.040.A]

1. A Construction Permit (e.g., Demolition, Building, Grading, Site) has been issued, construction activities has commenced, and applicable preconstruction tasks have startedA Bbuilding Ppermit has been issued, substantial money has been expended, and construction diligently pursued; or [Source: 18.85.040.A.1] Item 10.1
City Council Meeting Agenda - Page 1511 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.160 Revised Preliminary Draft – March 2025
75 2. A Ccertificate of Ooccupancy has been issued; or [Source: 18.85.040.A.2]

3. The use is established; or [Source: 18.85.040.A.3]

4. The Zzoning Ppermit is renewed by the hearing body review authority which originally approved it. No new notice or public hearing is required for a renewal if the findings required for approval remain valid. [Source: 18.85.040.A.4]

5. A Zzoning Ppermit automatically lapses if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more. [Source:

18.85.040.A]
B. Changes to Pplans, Use or Condition of Approval. If the site plans, project description or condition of approval are changed in a manner that affects compliance with this Chapter or there is a A request for a change in the Zzoning Ppermit or a condition of approval, a new requires a new application for modification of the condition is required. [Source: 18.85.040.B]

18.160.05018.160.060 Revocation
Revocation. A Zzoning Ppermit exercised in violation of this Cchapter or a condition of approval may be revoked, as provided in PHMC § 18.135.040Section 18.185.040 (Revocation or Modification of Discretionary Permits). (Ord. 910 § 9, 2017) [Source: 18.85.040.C]

18.160.06018.160.070 Resubmittal of Application
If an application for a Zzoning Ppermit is denied, no new application for the same, or substantially the same, Zzoning Ppermit shall be filed within one year 12 months of the date of denial of the initial application, unless the denial is made without prejudice. [Source: 18.85.030.B] Item 10.1
City Council Meeting Agenda - Page 1512 of 2120 - Monday, April 21, 2025 1 18 – Zoning Code
Part 4 – Permit and Entitlement
Processing Procedures

REVISED PRELIMINARY DRAFT
MARCH 2025
Table of Contents
CHAPTER 18.105 ADULT USE DEVELOPMENT PERMIT............................................................. 6

18.105.010 Purpose and Applicability............................................................................................... 6

18.105.020 Review Authority ............................................................................................................ 6

18.105.030 Application...................................................................................................................... 7

18.105.040 Filing, Processing, and Review ...................................................................................... 7

18.105.050 Findings.......................................................................................................................... 8

18.105.060 Lapse of Approval ........................................................................................................ 10

18.105.070 Revocation ................................................................................................................... 10

18.105.080 Violations...................................................................................................................... 12 CHAPTER 18.110 ARCHITECTURAL REVIEW PERMITS ........................................................... 14

18.110.010 Purpose and Applicability............................................................................................. 14

18.110.020 Review Authority .......................................................................................................... 15

18.110.030 Filing, Processing, and Review .................................................................................... 16

18.110.040 Conditions of Approval ................................................................................................. 18

18.110.050 Lapse of Approval – Changes to Plans........................................................................ 18

18.110.060 Resubmittal of Application............................................................................................ 19 CHAPTER 18.115 DEVELOPMENT PLAN .................................................................................... 21

18.115.010 Purpose and Applicability............................................................................................. 21

18.115.020 Approval Authority ........................................................................................................ 21 Highlight Key
YELLOW = Suggested changes per best practices
Item 10.1
City Council Meeting Agenda - Page 1513 of 2120 - Monday, April 21, 2025 Chapter 18.105 Adult Use Development Permit
2 18.115.030 Filing, Processing, and Review .................................................................................... 21

18.115.040 Findings........................................................................................................................ 22

18.115.050 Conditions of Approval ................................................................................................. 23

18.115.060 Lapse of Approval – Changes to Plans........................................................................ 23

18.115.070 Resubmittal of Application............................................................................................ 24 CHAPTER 18.120 MINOR EXCEPTIONS ...................................................................................... 26

18.120.010 Purpose ........................................................................................................................ 26

18.120.020 Applicability .................................................................................................................. 26

18.120.030 Review Authority .......................................................................................................... 29

18.120.040 Filing, Processing, and Review .................................................................................... 29

18.120.050 Findings........................................................................................................................ 30

18.120.060 Conditions of Approval ................................................................................................. 31

18.120.070 Lapse of Approval – Changes to Plans........................................................................ 31

18.120.080 Resubmittal of Application........................................................................................ 3231 CHAPTER 18.125 REASONABLE ACCOMMODATION............................................................... 34

18.125.010 Purpose ........................................................................................................................ 34

18.125.020 Review Authority .......................................................................................................... 34

18.125.030 Requests ...................................................................................................................... 35

18.125.040 Application Requirements ............................................................................................ 35

18.125.050 Filing, Processing, and Review .................................................................................... 36

18.125.060 Findings........................................................................................................................ 37

18.125.070 Appeal .......................................................................................................................... 38 CHAPTER 18.130 SIGN PERMIT ............................................................................................... 4140

18.130.010 Purpose and Applicability......................................................................................... 4140

18.130.020 Review Authority ...................................................................................................... 4140

18.130.030 Filing, Processing, and Review ................................................................................ 4140

18.130.040 Findings.................................................................................................................... 4241

18.130.050 Conditions of Approval ............................................................................................. 4342

18.130.060 Lapse of Approval – Changes to Plans.................................................................... 4342

18.130.070 Revocation ............................................................................................................... 4443 CHAPTER 18.135 TEMPORARY SIGN PERMIT....................................................................... 4645

18.135.010 Purpose and Applicability......................................................................................... 4645

18.135.020 Review Authority ...................................................................................................... 4645

18.135.030 Filing, Processing, and Review ................................................................................ 4645

18.135.040 Findings.................................................................................................................... 4746

18.135.050 Conditions of Approval ............................................................................................. 4847 Item 10.1
City Council Meeting Agenda - Page 1514 of 2120 - Monday, April 21, 2025 Chapter 18.105
Revised Preliminary Draft – March 2025
3 18.135.060 Lapse of Approval – Changes to Plans.................................................................... 4847

18.135.070 Revocation ............................................................................................................... 4847

18.135.080 Resubmittal of Application........................................................................................ 4948 CHAPTER 18.140 MASTER SIGN PROGRAM.......................................................................... 5150

18.140.010 Purpose and Applicability......................................................................................... 5150

18.140.020 Review Authority ...................................................................................................... 5150

18.140.030 Filing, Processing, and Review ................................................................................ 5150

18.140.040 Findings.................................................................................................................... 5352

18.140.050 Conditions of Approval ............................................................................................. 5352

18.140.060 Lapse of Approval – Changes to Plans.................................................................... 5352

18.140.070 Revocation ............................................................................................................... 5453

18.140.080 Resubmittal of Application........................................................................................ 5453 CHAPTER 18.145 USE PERMIT................................................................................................. 5655

18.145.010 Purpose and Applicability......................................................................................... 5655

18.145.020 Review Authority ...................................................................................................... 5655

18.145.030 Filing, Processing, and Review ................................................................................ 5756

18.145.040 Findings.................................................................................................................... 5857

18.145.050 Conditions of Approval ............................................................................................. 5958

18.145.060 Lapse of Approval – Changes to Plans.................................................................... 6059

18.145.070 Revocation ............................................................................................................... 6160

18.145.080 Resubmittal of Application........................................................................................ 6160 CHAPTER 18.150 USE PERMIT, TEMPORARY ....................................................................... 6362

18.150.010 Purpose and Applicability......................................................................................... 6362

18.150.020 Review Authority ...................................................................................................... 6362

18.150.030 Filing, Processing, and Review ................................................................................ 6362

18.150.040 Findings.................................................................................................................... 6463

18.150.050 Conditions of Approval ............................................................................................. 6463

18.150.060 Lapse of Approval .................................................................................................... 6563 CHAPTER 18.155 VARIANCE.................................................................................................... 6766

18.155.010 Purpose and Applicability......................................................................................... 6766

18.155.020 Review Authority ...................................................................................................... 6766

18.155.030 Filing, Processing, and Review ................................................................................ 6867

18.155.040 Findings.................................................................................................................... 6968

18.155.050 Conditions of Approval ............................................................................................. 6968

18.155.060 Lape of Approval – Changes to Plans ..................................................................... 7069 Item 10.1
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4 18.155.070 Resubmittal of Application........................................................................................ 7069 CHAPTER 18.160 ZONING PERMIT.......................................................................................... 7371

18.160.010 Purpose and Applicability......................................................................................... 7371

18.160.020 Review Authority ...................................................................................................... 7371

18.160.030 Filing, Processing, and Review ................................................................................ 7472

18.160.040 Findings.................................................................................................................... 7472

18.160.050 Lapse of Approval – Changes to Plans.................................................................... 7472

18.160.060 Revocation ............................................................................................................... 7573

18.160.070 Resubmittal of Application........................................................................................ 7573 Item 10.1
City Council Meeting Agenda - Page 1516 of 2120 - Monday, April 21, 2025 Chapter 18.105
Revised Preliminary Draft – March 2025
5 Chapter 18.105
Adult Use Development Permit
Item 10.1
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6 Chapter 18.105 Adult Use Development Permit
Sections

18.105.010 Purpose and Applicability

18.105.020 Review Authority

18.105.030 Application

18.105.040 Filing, Processing, and Review

18.105.050 Findings

18.105.060 Lapse of Approval

18.105.070 Revocation

18.105.080 Violations

18.105.010 Purpose and Applicability
A. Purpose. The purpose of this Chapter is to establish processing and review procedures for the establishment of adult businesses, as defined in this Title, to ensure the protection of sensitive land uses in the surrounding areas. [Source: NEW]
B. Applicability.

A.1. No adult business may be established within the city by right. All persons wishing to establish an adult business within the city must shall apply for and receive an Aadult Uuse Ddevelopment Ppermit under this Cchapter. [Source: 18.70.050.A] B.2. It is the burden of the applicant to supply evidence to justify the grant approval of an Aadult Uuse Ddevelopment Ppermit. [Source: 18.70.050.B] C.3. Any person desiring to operate or establish an adult business within the Ccity shall file for an Adult Use Development Permit application with the public works and community development department Planning Division using an adult use development permit application on a standard application form supplied by the public works and community development departmentPlanning Division. (Ord. 710 § 35-20.8, 1996; 1991 code § 35-20.8) [Source: 18.70.050.A.C]

18.105.020 Review Authority
The Pplanning Ccommission (“the commission”) shall grantapprove, conditionally grant approve, or deny an application for an Aadult Uuse Ddevelopment Ppermit. Any conditions imposed upon the permit shall be in keeping with the objective development standards based on the criteria established in of this Cchapter and the underlying zoning districtzoning district in which the property is located. [Source:

18.70.080.A]
Item 10.1
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Revised Preliminary Draft – March 2025
7 18.105.030 Application
A. Eligible Applicants. The application must shall be signed by the owner or lessee. If the application is signed by a lessee, a notarized statement signed by the owner shall accompany the application. Proof of status is required. [Source: 18.70.060.A] B. Required Ccontents. The Ccity Ccouncil, by resolution, shall set forth establish the contents requiredrequired contents for such applications for an Aadult Uuse Ddevelopment Ppermit applications. [Source: 18.70.060.B]
C. Environmental Rrequirements. All applicantsApplications for an Aadult Uuse Ddevelopment Ppermit must also shall fill out the city’s environmental package for purposes of complyingcomply with the California Environmental Quality Act (“CEQA”). (Ord. 710 § 35-

20.10, 1996; 1991 code § 35-20.10) [Source: 18.70.060.C] D. Fees. The Ccity Ccouncil, by resolution, shall set a reasonable nonrefundable application fee for persons applying for an Aadult Uuse Ddevelopment Ppermit. The fee shall not exceed the reasonable estimated costs of the city expended in processing the permit application. (Ord. 710 § 35-20.12, 1996; 1991 code § 35-20.12) [Source: 18.70.070]

18.105.040 Filing, Processing, and Review
A. Determination of Completeness. The completeness of the application shall be determined by the zoning administrator (“administrator”) wWithin 30 calendar days of its submittal after an Adult Use Development Permit the application is submitted, to the Zzoning Aadministrator shall determine whether the application is complete and shall notify the applicant of the determination, including (if appropriate) a description of why the application is incomplete and any additional information that may be required. [Source: 18.70.080.B] B. Planning Commission Review. Upon the filing of a completed applicationFollowing the date of a deemed complete application, the Planning Ccommission shall cause to be made by its own members, or members of its staff, conduct an appropriate investigationreview, including consultation with the Bbuilding, Ppolice, Ffire, Engineering, and Hhealth Ddepartments, and an inspection of the premises as needed. Consultation is not grounds for the Ccity to unilaterally delay in reviewingthe review of a completed application. [Source: 18.70.080.C] C. In reaching a decision, the Planning Ccommission shall not be bound by the formal rules of evidence. [Source: 18.70.080.D]
D. Public Hearing and Noticing.

1. After Following the completion of the investigationreview has been completed, the Planning Ccommission shall notice and conduct a public hearing, as prescribed in PHMC Chapter Chapter 18.195 (Notice Requirements)80 of this Title, on the application for an Aadult Uuse Ddevelopment Ppermit. Public notice shall also be provided by publication in a newspaper of general circulation within the City of Pleasant Hill at least 10 days before the scheduled hearing. [Source: 18.70.080.E] D.2. Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.XX.XXX (Multiple Discretionary Permits). [Source: NEW]
Item 10.1
City Council Meeting Agenda - Page 1519 of 2120 - Monday, April 21, 2025 Chapter 18.105 Adult Use Development Permit
8 E. Timeline. The Pplanning Ccommission shall render a written decision of approval, conditional approval, or denial on the application for of an Aadult Uuse Ddevelopment Ppermit within 60 calendar days of receiving a completed application. The failure of the Planning cCommission to render such a decision within this time frame shall be deemed to constitute a denial. [Source:

18.70.080.F]
F. Notice of Decision. The Planning Ccommission’s decision shall be hand delivered or mailed to the applicant, and shall be provided in accordance with the requirements of the municipal code.

Any posted notices shall remain for at least 10 calendar days after the determination of decision and mailed to all property owners within 300 feet of the adult usesite in which the adult use will be present. (Ord. 710 § 35-20.14, 1996; 1991 code § 35-20.14) [Source: 18.70.080.G] G. Appeals. The decision of the Planning Commission may be appealed to the City Council in compliance with Chapter 18.175 (Appeals and Calls for Review) and The time for court challenge to a decision by the city council is governed by California Code of Civil Procedures section 1094.6. [Source: 18.70.100.A, B]Notice of the city council’s decision and its findings shall be mailed to the applicant and shall include citation to California Code of Civil Procedures section 1094.6. (Ord. 710 § 35-20.18, 1996; 1991 code § 35-20.18) [Source: 18.70.100.B]

18.105.050 FindingsCriteria and Decision
A. A. The Planning Ccommission or city council shall approve or conditionally approve an application for an Aadult Uuse Ddevelopment Ppermit, if, where the based on the application and information submitted, it is able to make the by the applicant substantiates the following findings: [Source: 18.70.120]

1. 1. That tThe proposed adult use complies with the development and design requirements of the underlying zoning districtzoning district in which it is located and with the applicable standards of this Cchapter; [Source: 18.70.120.A.1]

2. 2. That Tthe proposed adult use and its projected traffic generation is consistent with achieving or maintaining the established level of service and vehicle miles travelled criteria set forth established in the Ccity’s Transportation and Ccirculation growth management Eelement of the General Plans. If the Ccity’s established level of service is already exceeded, then the proposed use and its projected traffic generation will not result in a net increase in the level of service; [Source: 18.70.120.A.2]

3. 3. That tThe proposed site is adequately served by other public and private service facilities consistent with the city’s established level of services as set forth in the city’s growth management elementfor the requested proposed adult use; [Source:

18.70.120.A.3]

4. 4. That theThe proposed site adult use is not located within a 500-foot radius of a residential land use designation as prescribed in the Land Use Element of the General Plan or the general plan of an adjacent jurisdiction. The distance between a proposed use and a residential land use designation shall be measured from the nearest exterior wall of the facility housing the adult use or proposed adult use to the nearest property closest to the lot line included within theof the residential land use designation, along a straight line extended between the two points; [Source: 18.70.120.A.4] Item 10.1
City Council Meeting Agenda - Page 1520 of 2120 - Monday, April 21, 2025 Chapter 18.105
Revised Preliminary Draft – March 2025
9 5. That theThe proposed site adult use is not located within an 800-foot radius of a. existing school, daycare, or park facility located within or outside the jurisdiction of the city, or a school or park land use designation as established in the Landdn Use Element of the General Plan or the general plan of an adjacent jurisdiction. The distance between the proposed use and a school or park land use designation or facility shall be measured from the nearest exterior wall of the facility housing the adult use or proposed adult use to the property line of the school site or the nearest property line included within a park land use designation, along a straight line extended between the two points; [Source: 18.70.120.A.5]

6. 6. That theThe proposed site adult use is not located within an 800-foot radius of a religious institution place of assembly, as defined in Section 18.190.050 (Public and Semi-Public Land Use Classifications) of this Title, located either within or outside the jurisdiction of the City. The distance between the adult use or proposed adult use and a religious institution shall be measured from the nearest exterior wall of the facility housing the adult use or proposed adult uses along a straight line extended to the nearest exterior wall of the facility structure housing the religious institution; [Source:

18.70.120.A.6]

7. 7. That theThe proposed site adult use is not located within 1,000 feet of any other adult use regulated under this chapter that is located either within or outside the jurisdiction of the Ccity. The distance between two adult uses shall be measured between the nearest exterior walls of the structure housing the adult uses along a straight line extended between the two uses; and [Source: 18.70.120.A.7]

8. That the proposed site is not located within 500 feet of a residential district, 800 feet of a park or school as designated on the general plan land use element of an adjacent jurisdiction or 800 feet of a religious institution that is located in an adjacent jurisdiction and is the subject of a validly approved land use entitlement; and [Source:

18.70.120.A.8]

9.8. That nNeither the applicant , (if an individual), or any of the officers or general partners, (if a corporation or partnership), have been found guilty or pleaded nolo contendere within the past four years of a misdemeanor or a felony classified by the Sstate of California as a sex or sex-related offense. [Source: 18.70.120.A.9] B. Any conditions of approval imposed upon the Adult Use Development Ppermit shall be in keeping comply with the objective development standards of Section 18.50.030 (Locational Limitations) this chapter as set forth in PHMC § 18.70.030 and the underlying zoning districtzoning district in which the property is locatedof the proposed lot. (Ord. 710 § 35-20.22, 1996; 1991 code § 35-20.22) [Source:

18.70.120.B]Appeal
B. Any interested person may appeal the decision of the commission to the city council in writing within 10 days after the commission’s written decision. The city council within the same 10 dayssuch an appeal. [Source: 18.70.090.A]
Consideration of an appeal of the commission’s decision shall be at a public hearing which shall be noticed as provided in 130 and shall occur within 45 days of the filing or initiation of the appeal. Public Item 10.1
City Council Meeting Agenda - Page 1521 of 2120 - Monday, April 21, 2025 Chapter 18.105 Adult Use Development Permit
10 notice shall also be provided by publication in a newspaper of general circulation within the City of Pleasant Hill at least 10 days before the scheduled hearing. [Source: 18.70.090.B] The city council action on the appeal of the commission’s decision shall be by a majority vote of the quorum and, upon the conclusion of the de novo public hearing, the city council shall grant, conditionally grant or deny the application. The city council’s decision shall be final and conclusive. [Source:

18.70.090.C]
In reaching its decision, the city council shall not be bound by the formal rules of evidence. (Ord. 846 § 10, 2010; Ord. 710 § 35-20.16, 1996; 1991 code § 35-20.16) [Source: 18.70.090.D]

18.105.060 ExpirationLapse of Approval
A. Permits for New Facility/Use. Any An Aadult Uuse Ddevelopment Ppermit approved pursuant toin accordance with this Cchapter shall become null and void unless the proposed use is established within six months of the date from of the approval.

B. Permits for Reuse of Existing Facilities. An Adult Use Development Permit approved in accordance with this Chapter As to for facilities that are a reuse of existing facilities, the permit adult use development permit shall become null and void unless the proposed use is established within six months from of the date of approval, unless prior to said expiration date the permittee demonstrates, to the satisfaction of the city’s Pplanning Ccommission, that it has a good faith intent to presently commence the proposed use before the expiration date. Such extensions shall not exceed a total of two six-month extensions, or a total of 12 months from the date of approval. (Ord. 710 § 35-20.20, 1996; 1991 code § 35-20.20) [Source: 18.70.110]

18.105.070 Revocation
A. Any Adult Use Development Ppermit issued pursuant to the provisions of thisin accordance with this Cchapter may be revoked by the Ccity on the basis ofif any of the followingfor any of the following reasons: [Source: 18.70.130.A]

1. That the The business or activity has been conducted in a manner which: [Source:

18.70.130.A.1]
a. V violates one or more of the conditions imposed upon the issuance approval of the Adult Use Development Ppermit or which f [Source: 18.70.130.A.1 b. Fails to conform to the plans and procedures described in the permit application, or which v [Source: 18.70.130.A.1]

1.c. Violates the occupant load limits set by the Fire Marshal; [Source:

18.70.130.A.1]

2. That theThe permittee has failed to obtain or maintain all required Ccity, Ccounty, and/or Sstate of California licenses and permits; [Source: 18.70.130.A.2, modified]That the permit is being used to conduct an activity different from that for which it was issued; [Source: 18.70.130.A.3]

3. That thehe permittee has misrepresented a material fact in the permit application for permit or has not answered each question therein truthfully; [Source: 18.70.130.A.4] Item 10.1
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Revised Preliminary Draft – March 2025
11 4. That due to cChanges in on-site conditions, has resulted in the adult business lacks sufficient having insufficient on-site parking area for employees and the public under the standards set forth as established in the city’s parking codeTitle/Chapter 18.70 (Off-Street Parking and Loading), except for an existing use that is legal and nonconforming with respect to parking; [Source: 18.70.130.A.5]

5. That theThe building or structure in which the adult business is conducted is hazardous to the health or safety of the employees or patrons of the business or of the public under the standards set forthestablished in the Uniform Building, Uniform Plumbing or Uniform Fire Code; [Source: 18.70.130.A.6]

6. That theThe permitted adult business creates sound levels which violate the City’s noise control ordinanceestablished noise thresholds of the city; [Source:

18.70.130.A.7]

7. That theThe permittee, if an individual, or any of the officers or general partners, if a corporation or partnership, is found guilty or pleaded nolo contendere to a misdemeanor or felony classified by the state State of California as a sex or sex-related offense during the period of the adult establishment’s business’s operation; or [Source:

18.70.130.A.8]

8. That theThe adult use for which the approval permit was granted approved has ceased to exist or has been suspended for six months or more. [Source: 18.70.130.A.9 B. Notice and Public Hearing. The Planning Commission shall conduct a public hearing, as prescribed in Chapter 18.195 (Notice Requirements) on the proposed revocation of an Adult Use Development Permit. Written notice of hearing on the proposed permit revocation, together with written notification of the specific grounds of complaint against the permittee shall be personally delivered or sent by certified mail to the permittee at least 10 days prior to the hearing. [Source: 18.70.130.B-D]
C. Revocation Procedure. An Adult Use Development Permit may be revoked or modified in compliance with Section 18.185.040 (Revocation or Modification of Discretionary Permits). The revocation hearing shall be heard by the commission. The Planning Commission shall make its decision within 30 days of the public hearing The commission and shall not be bound by the formal rules of evidence at the hearing. [Source: 18.70.130.C-I]The commission shall notice and conduct a public hearing, as prescribed in the municipal code, on the proposed permit revocation. [Source: 18.70.130.D]
D. The commission shall revoke, not revoke, or not revoke but add additional conditions to, the permittee’s adult use development permit. Any additional conditions imposed upon the permit shall be in keeping with the objective development standards of this chapter as set forth in PHMC § 18.70.030 and the underlying zoning district in which the property is located. [Source:

18.70.130.E]
E. The commission’s decision shall be in writing, and shall be hand delivered or mailed to the applicant and mailed to all property owners within 300 feet of the use. [Source: 18.70.130.F] F. The commission shall make its decision within 30 days of the public hearing. [Source:

18.70.130.G]
Item 10.1
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12 G.C. Any interested person may appeal the decision of the commission to the city council in writing within 10 days after the written decision of the commission in accordance with the provisions of PHMC Chapter 18.130. [Source: 18.70.130.H]
H.D. In the event an Adult Use Development Permit permit is revoked pursuant toin accordance with this chapterSection, another Aadult Uuse Ddevelopment Ppermit to operate an adult business shall not be granted to the permittee within for 12 months after the date of such written notice of revocation. (Ord. 710 § 35-20.24, 1996; 1991 code § 35-20.24) [Source: 18.70.130.I]

18.105.080 Violations
A person who violates a provision of this Chapter, including the failure to secure an Adult Use Development Permit or comply with a condition of approval, is subject to the criminal penalties established in Pleasant Hill Municipal Code Chapter 1.30. Any person who violates any Ssection of this Cchapter shall be guilty of a misdemeanor and is subject to a fine and/or imprisonment in accordance with the limits set forth in California Government Code Ssection 36901, as it may be amended from time to time, or any other legal remedy available to the Ccity. (Ord. 710 § 35-20.26, 1996; 1991 code § 35-20.26) [Source: 18.70.140]
Item 10.1
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Revised Preliminary Draft – March 2025
13 Chapter 18.110
Architectural Review Permits
Item 10.1
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14 Chapter 18.110 Architectural Review Permits
Sections

18.110.010 Purpose and Applicability

18.110.020 Review Authority

18.110.030 Filing, Processing, and Review

18.110.040 Conditions of Approval

18.110.050 Lapse of Approval – Changes to Plans

18.110.060 Resubmittal of Application

18.110.010 Purpose and Applicability
A. Purpose. The purpose of an Aarchitectural Rreview Permit is to evaluate the interdependence of property values and aesthetics, and to provide a method to promote sound land use development. More specifically, aArchitectural review is intended to promote the architectural design excellence, visually pleasing and harmonious site design, and preservation of natural landforms and vegetation.: [Source: 18.115.010.B]

1. 1. Ensure excellence of architectural design; [Source: 18.115.010.B.1]

2. 2. Ensure that siting and architectural design of structures, including their materials and colors, are visually harmonious with surrounding development and with the natural landforms and vegetation of the areas in which they are proposed to be located; [Source: 18.115.010.B.2]

3. 3. Ensure that plans for the landscaping of open spaces conform with the requirements of this chapter and that they provide visually pleasing settings for structures on the site and on adjoining and nearby sites, and blend harmoniously with the natural landscape; [Source: 18.115.010.B.3]

4. 4. Prevent excessive and unsightly grading of hillsides, and preserve natural landforms and existing vegetation; and [Source: 18.115.010.B.4]
Ensure compliance withcity-wide objective design standards; [Source: 18.115.010.B.5- 6]Ensure compliance with city-wide design guidelines. (Ord. 955 § 5, 2022; Ord. 856 § 2 (Exh. A), 2011; Ord. 738 § 1 (Exh. C), 1999; Ord. 710 § 35-32.1, 1996; 1991 code § 35-32.1) [Source: 18.115.010.B.6]
B. Applicability. An Architectural Review Permit is required before issuance of a Building Permit for any development project relating to the following: [Source: 18.115.010]

1. The construction, addition, or exterior alteration to a site plan, building, structure, and/or landscape plan associated with any project other than a single-family residence; [Source: 18.115.010.A.1]
Item 10.1
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Revised Preliminary Draft – March 2025
15 2. A single-family residence at the time of initial construction, or a substantial addition as determined by the Zoning Administrator. An Architectural Review Permit is not required for remodeling, additions, or accessory structures; however, staff level review of such structures for substantial conformance with the citywide design guidelines shall occur as part of the Building Permit plan review and approval process. [Source:

18.115.010.A.2]
C. No improvement subject to architectural review under this Chapter shall be constructed, located, repaired, altered, repainted a different color, or maintained except in accordance with a design approved under this Chapter. The term “improvement” as used in this Chapter shall be interpreted by the Zoning Administrator to include but not be limited to the construction, alteration, and repair of all buildings, structures, and facilities permanently affixed to real property. [Source: 18.115.010.A]

18.110.020 Review Authority
A. Architectural Rreview Ccommission. Except as provided in Ssubsections B and C of this Ssection, the Aarchitectural Rreview Ccommission has the authority to approve, conditionally approve, or deny Aarchitectural Rreview Ppermits. The Aarchitectural Rreview Ccommission is established under PHMC Chapter 3.10Title 3 (Boards and Commissions). [Source:

18.115.020.A]
B. Zoning Aadministrator. The Zzoning Aadministrator has the authority to approve, conditionally approve, or deny an Aarchitectural Rreview Ppermit for any of the following improvements if the Zzoning Aadministrator finds that such improvements will not have a significant visual impact. [Source: 18.115.020.B]

1. A minor alteration to an existing structure in a PUD, PPD, or HPUD development that is consistent with the original approval permit approval and has the approval is approved by of the homeowners’ association, if one existsapplicable; [Source:

18.115.020.B.1]

2. A minor alteration (including but not limited to repainting, landscape modification, adding screened mechanical equipment, window replacements) to an existing structure in the RB, NB, C, PAO, or LI districtzoning district that is consistent with the original permit approval. Minor alterations include improvements such as repainting, landscape modification, and window replacements; [Source: 18.115.020.B.2]

3. An addition or repair to an existing structure if the exterior is not altered. [Source:

18.115.020.B.3]

4. The Zzoning Aadministrator may, in his or her their discretion, refer an Architectural Review Permit application directly to the Aarchitectural Rreview Ccommission. [Source: 18.115.020.B]
C. Streamlined Mministerial Rreview. Residential development projects qualifying for streamlined permit review, as established under PHMC § Section 18.20.040.K18.15.040 (Additional Development Standards) of Chapter 18.15 (Residential Districts), shall be subject to a ministerial architectural review process. (Ord. 964 § 22, 2023; Ord. 738 § 1 (Exh. C), 1999; Ord. 710 § 35-32.2, 1996; 1991 code § 35-32.2) [Source: 18.115.020.C] Item 10.1
City Council Meeting Agenda - Page 1527 of 2120 - Monday, April 21, 2025 Chapter 18.110 Architectural Review Permits
16 D. Projects with Multiple Discretionary Applications. For projects requiring a discretionary permit approval from the Planning Commission and/or City Council in addition to Architectural Review Permit approval, the Planning Commission and/or City Council shall be the final review authority for the Architectural Review Permit and any action of the Architectural Review Commission shall be considered advisory to the Planning Commission and/or City Council. [Source: 18.115.030.F]

18.110.030 Filing, Processing, and Review
A. Application. An applicant for an Aarchitectural Rreview Ppermit shall submit the following:
[Source: 18.115.030.A]

1. Aa complete application and all applicable materials and information as required by the Planning Division. [Source: 18.115.030.A]

1.2. The Zzoning Aadministrator, at their discretion, may add or waive the submission waive submission of application materials or information items deemed unnecessary to determine compliance with applicable requirements the standards of this Cchapter.

An application is considered to be complete if it is in accordance with PHMC §

18.75.030. [Source: 18.115.030.A]
B. Noticinge and Public Hhearing.

1. The Aarchitectural Rreview Ccommission shall hold a public hearing on the Architectural Review Permit application. Notice of the hearing shall comply with Chapter 18.195 (Notice Requirements). The hearing is open to the public, but no notice is required except to the applicant. No notice or public hearing is required for an application to bebeing considered by the Zzoning Aadministrator or for streamlined ministerial review under this Ssection. [Source: 18.115.030.B] B.2. Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.XX.XXX (Multiple Discretionary Permits). [Source: NEW]
C. Decision. Within 20 working days following completion of thethe public hearing, the Architectural Review Ccommission shall approve, conditionally approve, or deny the Architectural Review Permit application. The Zzoning Aadministrator shall mail notice of the decision to the applicant and any other party requesting notice within 10 calendar days of the decision. [Source: 18.115.030.C]
D. Effective Ddate. A decision under this Cchapter takes effect at the end of the time allowed for an appeal, which is 10 calendar days after notice of the decision is mailed. If the decision is appealed, the decision is not final until the appeal process under PHMC Chapter 18.130 175 (Appeals and Calls for Review) has been exhausted. [Source: 18.115.030.D] E. Appeals.

1. A decision of the Zzoning Aadministrator under this Cchapter may be appealed to the Aarchitectural Rreview Ccommission in compliance with Chapter 18.175 (Appeals and Calls for Review). , and [Source: 18.115.030.E]
Item 10.1
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Revised Preliminary Draft – March 2025
17 E.2. Aa decision of the ArarchitecturalArchitectural Rreview Ccommission may be appealed to the Ccity Ccouncil, all in accordance compliance with Chapter 18.175 (Appeals and Calls for Review)the appeal procedures of PHMC Chapter 18.130. [Source:

18.115.030.E]
F. Projects with multiple discretionary applications. Notwithstanding subsections C through E of this section, for projects requiring a discretionary permit approval from the planning commission and/or city council in addition to approval of an architectural review permit, the planning commission and/or city council shall be the final decision-maker for the architectural review permit and any action of the architectural review commission shall be considered advisory to the planning commission and/or city council. (Ord. 921 § 3, 2018; Ord. 738 § 1 (Exh. C), 1999; Ord. 710 § 35-32.4, 1996; 1991 code § 35-32.4) [Source: 18.115.030.F] G.F. Scope of Review. In approving an architectural review permit, the The Aarchitectural Rreview Ccommission shall review the site plan and physical design of a project; the sign designs and locations; and lighting. In its review, the Aarchitectural Rreview Ccommission shall consider the following factors: [Source: 18.115.040]

1. Excellence of design; [Source: 18.115.040.A]

2. Height, bulkmass, and coverage of buildings; [Source: 18.115.040.B]

3. Colors, building materials, and types of building and installations; [Source:

18.115.040.C]

4. Physical and architectural relation with existing and proposed structures in the area and to the location of the site’s location withinsite within the Ccity; [Source:

18.115.040.D]

5. Site layout, orientation, and location of buildings, and relationship with property boundaries and open areas; [Source: 18.115.040.E]

6. Height, materials, colors, and variations in boundary walls, fences, or screen planting; [Source: 18.115.040.F]

7. Location and type of landscaping, including but not limited to setback areas and offstreet parking areas; [Source: 18.115.040.G]

8. Appropriateness of sign design and exterior lighting standards and devices and other building graphics, pursuant toin compliance with criteria and sign design guidelines established in PHMC § 18.60.050Section 18.80.070 (Specific Sign Standards) and Section 18.680.120 (Temporary Freestanding Sign Standards) and the sign design guidelines adopted under PHMC § 18.60.090; and [Source: 18.115.040.H]

9. The extent of grading and its relationship to topography, as related to visual impacts. (Ord. 738 § 1 (Exh. C), 1999; Ord. 710 § 35-32.6, 1996; 1991 code § 35-32.6) [Source:

18.115.040.I]
G. Findings. The Architectural Review Commission may approve, or recommend an approval of, an Architectural Review Permit if it finds that all the following are true, based on the application, plans, materials, and testimony submitted at the public hearing: [Source: NEW] Item 10.1
City Council Meeting Agenda - Page 1529 of 2120 - Monday, April 21, 2025 Chapter 18.110 Architectural Review Permits
18 1. The site demonstrates excellence in architectural design; [Source: 18.115.010.B.1]

2. The siting and architectural design of structures, including their materials and colors, are visually harmonious with surrounding development and with the natural landforms and vegetation of the areas in which they are proposed to be located; [Source:

18.115.010.B.2]

3. The landscaping of open spaces plans conforms with the requirements of this Chapter and provide visually pleasing settings for structures on the site and on adjoining and nearby lots, and blend harmoniously with the natural landscape; [Source:

18.115.010.B.3]

4. Excessive and unsightly grading of hillsides is minimized, and the preservation of natural landforms and existing vegetation is encouraged in the design of the site; [Source: 18.115.010.B.4]

5. The site complies with the Citywide Design Guidelines and Residential Objective Design Standards; and [Source: 18.115.010.B.5-6]

18.110.040 Conditions of Approval
The Aarchitectural Rreview Ccommission or Zzoning Aadministrator may impose conditions reasonably related to the application and consistent with this Cchapter. They may not impose requirements pertaining to use, density, floor area ratio (FAR), open space, yard setbacks, ridgeline and creek setbacks, parking or loading, or signs more restrictive than those prescribed by the Pplanning Ccommission and the districtzoning district regulations or a valid Uuse Ppermit or Vvariance. (Ord. 738 § 1 (Exh. C), 1999; Ord. 710 § 35-32.8, 1996; 1991 code § 35-32.8) [Source: 18.115.050]

18.110.050 Lapse of Approval – Changes to Plans
A. Lapse of Aapproval. An Aarchitectural Rreview Ppermit lapses one year12 months from its effective date unless: [Source: 18.115.060.A]

1. A Construction Bbuilding Ppermit (e.g., Demolition, Building, Grading, Site) has been issued, substantial money has been expended, and construction activities has commenced, and applicable preconstruction tasks have starteddiligently pursued; or [Source: 18.115.060.A.1]

2. An Ooccupancy Ppermit has been issued; or [Source: 18.115.060.A.2]

3. The approval is renewed by the Aarchitectural Rreview Ccommission. [Source:

18.115.060.A.3]
B. Changes to Plans or Conditions of Approval. A request for a change in a condition of approval, or a change in the Architectural Review Permit which affects a condition of approval, requires a new application for modification of the condition. [Source: 18.115.060.B]

18.115.060.B]
Item 10.1
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Revised Preliminary Draft – March 2025
19 2. If the Zoning Administrator determines that the modification is major, then the modification shall be referred to the final decision-making body that approved the original Architectural Review Permit. [Source: 18.115.060.B] Changed plans. The zoning administrator may approve a change to the approved plans or to the conditions of approval upon a written determination that the change is minor and consistent with the intent of the original approval. A revision involving a substantial change in project design or a condition of approval requires a new application and approval B. , for modification of the condition. If the zoning administrator determines that the modification is major, then the modification shall be referred for consideration to the final decision-making body that approved the original architectural review permit. (Ord. 856 § 2 (Exh. A), 2011; Ord. 738 § 1 (Exh. C), 1999; Ord. 710 § 35-32.10, 1996; 1991 code § 35-32.10) [Source:

18.115.060.B]

18.110.060 Resubmittal of Application
Following denial of an an application for Aarchitectural Rreview Permit application, no new application for the same, or substantially the same, architectural review plan shall be accepted within one year12 months of the date of denial, unless the denial was made without prejudice. (Ord. 738 § 1 (Exh. C), 1999; Ord. 710 § 35-32.12, 1996; 1991 code § 35-32.12) [Source: 18.115.070] Item 10.1
City Council Meeting Agenda - Page 1531 of 2120 - Monday, April 21, 2025 Chapter 18.115 Development Plan
20 Chapter 18.115
Development Plan
Item 10.1
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Revised Preliminary Draft – March 2025
21 Chapter 18.115 Development Plan
Sections

18.115.010 Purpose and Applicability

18.115.020 Approval Authority

18.115.030 Filing, Processing, and Review

18.115.040 Findings

18.115.050 Conditions of Approval

18.115.060 Lapse of Approval – Changes to Plans

18.115.070 Resubmittal of Application

18.115.010 Purpose and Applicability
A. A Ddevelopment Pplan is required for any of the following types of development projects:
[Source: 18.90.010]

1. (1) all new stores, motels, offices, restaurants and similar new Any new structure(s) designed for an occupancy load of 30 persons or more.,

2. (2) property Lots zoned PUD., or [Source: 18.90.010]

18.115.030 Filing, Processing, and Review
A. Application. Application. An applicant for a Development Plan shall submit the following:
[Source: 18.90.030.A]

1. A complete application and all applicable materials and information as provided by the Planning Division. [Source: 18.90.030.A]
Item 10.1
City Council Meeting Agenda - Page 1533 of 2120 - Monday, April 21, 2025 Chapter 18.115 Development Plan
22 A. The applicant shall submit a request for a development plan to the zoning administrator on a form provided by the city. An application is considered to be complete if it is in accordance with PHMC § 18.75.030. [Source: 18.90.030.A]

18.90.040]
Item 10.1
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Revised Preliminary Draft – March 2025
23 A. The proposed development will not be detrimental to the health, safety, and general welfare of persons residing or working in the vicinity of the proposed development; [Source: 18.90.040.A] B. The proposed development will not be injurious or detrimental to adjacent properties or to property in the neighborhood or in the city; [Source: 18.90.040.B] C. The proposed development is consistent with the policies and goals established by the Ggeneral Pplan; and [Source: 18.90.040.C]
D. The proposed development is architecturally compatible with other developments in the vicinity, both inside and outside the districtzoning district. (Ord. 710 § 35-28.6, 1996; 1991 code § 35-

28.6) [Source: 18.90.040.D]

2. A Ccertificate of Ooccupancy has been issued; or [Source: 18.90.060.A.2]

1. If the Zzoning Aadministrator determines that the modification is minor, the Zzoning Aadministrator may approve that minorthe modification administratively., The Zoning Item 10.1
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24 Administrator’s decision and that decision may be appealed to the Pplanning Ccommission. [Source: 18.90.060.B]
B.2. If the Zzoning Aadministrator determines that the modification is major, then the modification shall be referred for consideration to the final decision-making body that approved the original Ddevelopment Pplan. (Ord. 856 § 2 (Exh. A), 2011; Ord. 710 § 35-28.10, 1996; 1991 code § 35-28.10) [Source: 18.90.060.B]

28.12) [Source: 18.90.070]
Item 10.1
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Revised Preliminary Draft – March 2025
25 Chapter 18.120
Minor Exceptions
Item 10.1
City Council Meeting Agenda - Page 1537 of 2120 - Monday, April 21, 2025 Chapter 18.120 Minor Exceptions
26 Chapter 18.120 Minor Exceptions
Sections

18.120.010 Purpose

18.120.020 Applicability

18.120.030 Review Authority

18.120.040 Filing, Processing, and Review

18.120.050 Findings

18.120.060 Conditions of Approval

18.120.070 Lapse of Approval – Changes to Plans

18.120.080 Resubmittal of Application

18.120.010 Purpose
The purposes of this Cchapter isare to:

18.120.020 Applicability
A. A Mminor Eexception may be requested for any of the followingitem identified below:

18.25.030 (Development Standards for Commercial, Office, and Industrial Districts)(see PHMC §§ 18.20.040.G and 18.25.030). [Source: 18.111.020.C] Item 10.1
City Council Meeting Agenda - Page 1538 of 2120 - Monday, April 21, 2025 Chapter 18.120
Revised Preliminary Draft – March 2025
27 D.4. Loading. A decrease in the number of required loading spaces; provided, that if it can be demonstrated that the spaces are not needed for the proposed use and the area that was to be used for the loading space(s) shall be used as additional landscaping, parking, or open space in addition to the minimum ordinance requirements established in Section 18.70.020 (General Requirements for Off-Street Parking and Loading) and Section 18.70.030 (Off-Street Parking and Loading Spaces Required)(see PHMC §§

18.111.020.E]

18.25.030): [Source: 18.111.020.J]
Item 10.1
City Council Meeting Agenda - Page 1539 of 2120 - Monday, April 21, 2025 Chapter 18.120 Minor Exceptions
28 1.a. Front yardSetback: 16 feet (a minimum of 20 feet shall be maintained for any garage facing the street). [Source: 18.111.020.J.1]

2.b. Side yardsSetback: Tthree feet. [Source: 18.111.020.J.2]

3.c. Rear yardSetback: Ffive feet. [Source: 18.111.020.J.3] I.11. Accessory Sstructures.

Residential Zoning districts), provided the accessory structures comply with all other applicable development standards; [Source: 18.111.020.K.1]

2.b. Any other type of decorative landscape structure/feature(s), not identified in PHMC § 18.20.050.G Section 18.15.060 (Accessory Structure and Use:

18.130.010Section 18.165.010 (Right to Appeal, Call for Review, Time Limits). [Source: 18.111.020.M]
B. Required Vvariance. A request for an exception to development standards that exceeds the limitations identified in this chapterSubsection A requires the approval of a Vvariance under in compliance with PHMC Chapter 18.110145 (Variance). [Source: 18.111.020.N] Item 10.1
City Council Meeting Agenda - Page 1540 of 2120 - Monday, April 21, 2025 Chapter 18.120
Revised Preliminary Draft – March 2025
29 L.C. Approval of a Mminor Eexception and/or eligibility for consideration of approval of a Mminor Eexception does not constitute a basis for future approval of a Minor Exception or Vvariance. (Ord. 857 § 2, 2011) [Source: 18.111.020.N]

18.120.05018.120.040 Filing, Processing, and Review
A. Application. An applicant for a Minor Exception shall submit the following:

1. A complete application and all applicable materials and information as provided by the Planning Division. [Source: 18.90.030.A]

2. Public Hearing.
a. and that aFor a Minor Exception application being reviewed by the Zoning Administrator, a public hearing will be held only if requested in writing by any interested person before the specified date for the decision. When a hearing is requested, notice of the hearing shall be provided in compliance accordance with PHMC Chapter 18.80195 (Notice Requirements). [Source: 18.120.030.C b. When multiple applications for a Minor Exception are submitted for a single site or a project has multiple discretionary permits or entitlements, the public Item 10.1
City Council Meeting Agenda - Page 1541 of 2120 - Monday, April 21, 2025 Chapter 18.120 Minor Exceptions
30 hearing shall be conducted in compliance with Section 18.XX.XXX (Multiple Discretionary Permits). [Source: NEW]
A.c. in conjunction with a request for a minor exception, and when any of these applications require planning commission review, the zoning administrator shall schedule a combined public hearing for all of the applications before the planning commission. A public hearing may be continued to a definite date and time without additional public notice. [Source: 18.120.030.C] C. Decision.

18.13018.175 (Appeals and Calls for Review), to the applicant and any other party requesting notice and shall provide electronic mail (email) notice of the decision to the Pplanning Ccommission and Ccity Ccouncil within 10 calendar days of the decision. [Source: 18.120.030.D]
B.2. In the case of the Pplanning Ccommission review, or Ccity Ccouncil on appeal, the date of the decision is the date the Planning Ccommission or City Ccouncil adopts the resolution approving or denying the application(s). [Source: 18.120.030.D] C.D. Effective Ddate. A decision under this section Chapter takes effect at the end of the time allowed for an appeal, which is 10 calendar days after notice of the decision is mailed. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.175 (Appeals and Calls for Review) is exhausted. [Source: 18.120.030.E] E. Appeals. A decision of the Zzoning Aadministrator may be appealed to the Pplanning Ccommission in accordance with Chapter 18.175 (Appeals and Calls for Review)., and a [Source: 18.120.030.F]
D. redecision of the planning commission may be appealed to the city council, all in accordance with the appeal procedures of PHMC Chapter 18.130. [Source:

18.120.06018.120.050 Findings
The Zzoning Aadministrator may approve an application for a Mminor Eexception if the following findings can be made, based on the application, plans, materials, and any public testimony submitted with the application: [Source: 18.111.040]
Item 10.1
City Council Meeting Agenda - Page 1542 of 2120 - Monday, April 21, 2025 Chapter 18.120
Revised Preliminary Draft – March 2025
31 A. No practical alternative exists to the proposed exception; [Source: 18.111.040.A] B. The purpose and intent of the subject zone districtzoning district will not be substantially compromised; [Source: 18.111.040.B]
C. There will be no detrimental impact (aesthetically or otherwise) to the site, adjacent properties, or neighborhood; [Source: 18.111.040.C]
D. The project will be in substantial conformance with the city-wide design guidelines; [Source:

18.111.050.D]

18.111.060.C]
D.B. A request for a change in the Mminor Eexception or a condition of approval requires a new application for modification of the condition. If the Zzoning Aadministrator determines that the Item 10.1
City Council Meeting Agenda - Page 1543 of 2120 - Monday, April 21, 2025 Chapter 18.120 Minor Exceptions
32 modification is minor, the zoning administratorthey may approve that minor modification administratively, and that decisionwhich may be appealed to the Pplanning Ccommission. If the zoning administrator determines that the modification is major, then the modification shall be referred for consideration to the final decision-making body that approved the original Mminor Eexception. (Ord. 857 § 2, 2011) [Source: 18.111.070]

18.120.09018.120.080 Resubmittal of Application
Following denial of a Mminor Eexception:,
A. Nno new application for the same, or substantially the same, Mminor Eexception shall be accepted within one year 12 months of the date of denial, unless the denial was made without prejudice. [Source: 18.111.080]
B. Upon denial of a minor exception, tThe applicant may apply for a Vvariance under PHMC Chapter 18.110145. (Ord. 857 § 2, 2011) [Source: 18.111.080] Item 10.1
City Council Meeting Agenda - Page 1544 of 2120 - Monday, April 21, 2025 Chapter 18.125
Revised Preliminary Draft – March 2025
33 Chapter 18.125
Reasonable Accommodation
Item 10.1
City Council Meeting Agenda - Page 1545 of 2120 - Monday, April 21, 2025 Chapter 18.125 Reasonable Accommodation
34 Chapter 18.125 Reasonable Accommodation
Sections

18.125.010 Purpose

18.125.020 Review Authority

18.125.030 Requests

18.125.040 Application Requirements

18.125.050 Filing, Processing, and Review

18.125.060 Findings

18.125.070 Appeal

1. Aany encroachment into the front yard setback area, r [Source: 18.112.050.A.2

3. whenever aA reduction in required parking is requested. [Source: 18.112.050.A.2] Item 10.1
City Council Meeting Agenda - Page 1546 of 2120 - Monday, April 21, 2025 Chapter 18.125
Revised Preliminary Draft – March 2025
35 C. Architectural Rreview Ccommission. The Aarchitectural Rreview Ccommission has the authority to review and decide upon requests for reasonable accommodation, including whether the applicant is a disabled person within the meaning of this Cchapter, when referred by the ZCzoning Aadministrator. [Source: 18.112.050.A.3]

1. The applicant’s name, address, and telephone number; [Source: 18.112.040.A.1]

2. Address of the property for which the request is being made; [Source: 18.112.040.A.2] Item 10.1
City Council Meeting Agenda - Page 1547 of 2120 - Monday, April 21, 2025 Chapter 18.125 Reasonable Accommodation
36 3. The name and address of the property owner, and the owner’s written consent to the application; [Source: 18.112.040.A.3]

4. The current actual use of the property; [Source: 18.112.040.A.4]

6. 6. The type of accommodation being requested and the rule, policy, practice, and/or procedure of the Zoning Ordinance to be modified or waived. [Source: 18.112.040.A.6 and 18.112.040.A.7]

8. The type of accommodation sought; [Source: 18.112.040.A.7]

18.112.040.A.8]

10.8. Copies of memoranda, correspondence, pictures, plans, or background information reasonably necessary to reach a decision regarding the need for the accommodation; and [Source: 18.112.040.A.9]

18.125.050 Filing, Processing, and Review
A. Notice and Public Hearing. No advance notice or public hearing is required for consideration of Rreasonable Aaccommodation requests by the Zzoning Aadministrator. Requests for Rreasonable Aaccommodation subject to review by the Pplanning Ccommission or Aarchitectural Rreview Ccommission shall require advance notice and a public hearing Item 10.1
City Council Meeting Agenda - Page 1548 of 2120 - Monday, April 21, 2025 Chapter 18.125
Revised Preliminary Draft – March 2025
37 pursuant toin compliance with the requirements of PHMC § Chapter 18.80.030195 (Notice Requirements). [Source: 18.112.050.B]
B. Decision.

1. The housing will be used by a qualified disabled person; [Source: 18.112.060.A.1]

2. The requested accommodation is necessary to make specific housing available to a disabled qualified person; [Source: 18.112.060.A.2]

3. The requested accommodation would not impose an undue financial or administrative burden on the Ccity; and [Source: 18.112.060.A.3]

4. The requested accommodation would not require a fundamental alteration in the nature of a Ccity program or law, including land use and zoning. [Source:

18.112.060.A.4]
B. Other Rrequirements. [Source: 18.112.060.B]
Item 10.1
City Council Meeting Agenda - Page 1549 of 2120 - Monday, April 21, 2025 Chapter 18.125 Reasonable Accommodation
38 1. An approved request for Rreasonable Aaccommodation is subject to the applicant’s compliance with all other applicable zoning regulations of this Title. [Source:

18.112.060.B.1]

2. A modification approved under this Cchapter is considered a personal accommodation for the individual applicant and does not run with the land. [Source: 18.112.060.B.2

3. Where appropriate, the reviewing authority may apply any or all of the following conditions condition its approval on any or all of the followingto approval: [Source:

18.125.070 Appeal
A decision by the Zzoning Aadministrator may be appealed to the Pplanning Ccommission and/or Architectural Review Commission and a decision of the Pplanning Ccommission and/or Aarchitectural Rreview Ccommission may be appealed to the Ccity Ccouncil in accordance with the appeal procedures in of PHMC Chapter 18.130175 (Appeals and Calls for Review). (Ord. 838 § 1, 2009) [Source: 18.112.070]
Item 10.1
City Council Meeting Agenda - Page 1550 of 2120 - Monday, April 21, 2025 Chapter 18.125
Revised Preliminary Draft – March 2025
39 Item 10.1
City Council Meeting Agenda - Page 1551 of 2120 - Monday, April 21, 2025 Chapter 18.130 Sign Permit
40 Chapter 18.130
Sign Permit
Item 10.1
City Council Meeting Agenda - Page 1552 of 2120 - Monday, April 21, 2025 Chapter 18.130
Revised Preliminary Draft – March 2025
41 Chapter 18.130 Sign Permit
Sections

18.130.010 Purpose and Applicability

18.130.020 Review Authority

18.130.030 Filing, Processing, and Review

18.130.040 Findings

18.130.050 Conditions of Approval

18.130.060 Lapse of Approval – Changes to Plans

18.130.070 Revocation

18.130.030 Filing, Processing, and Review
A. Application. An applicant for a Sign Permit shall submit the following: [Source: 18.105.030.A]

1. A complete application and all applicable materials and information as provided by the Planning Division. [Source: 18.105.030.A]

2. The Zoning Administrator, at their discretion, may add or waive the submission of application materials or information to determine compliance with the standards of this Chapter. [Source: Source: 18.105.030.A]
A. Application. The applicant shall submit a request for a sign permit, to the zoning administrato on forms provided by the city. An application is determined to be complete in accordance with PHMC § 18.75.030. [Source: 18.105.030.A]]The Zoning Administrator may waive submission of items deemed unnecessary to determine compliance with applicable requirements of this Chapter. [Source: NEW]
B. Notice and Public Hearing.

Item 10.1
City Council Meeting Agenda - Page 1553 of 2120 - Monday, April 21, 2025 Chapter 18.130 Sign Permit
42 1. No notice or public hearing is required, unless referred to the Architectural Review Commission or appealed to the Planning Commission and/or City Council, in which case a public hearing shall be held and noticed in compliance with Chapter 18.195 (Notice Requirements). [Source: 18.105.030.A]

2. If the Zoning Administrator refers an application for a Sign Permit to the Architectural Review Commission, the Architectural Review Commission The architectural review commission shall approve, conditionally approve, or deny an application within re30 20 working days following the close of the public hearing. [Source: 18.105.030.B] B.3. The Zzoning Aadministrator shall mail notice of the decision to the applicant within 10 calendar days of the decision. In the case of an appeal, the date of decision is the date of the adoption of a resolution of decision. [Source: 18.105.030.B] D. Effective Ddate – Appeal. . A Ssign Ppermit or master sign program approval or temporary sign permit is effective on the date of approval. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.175 (Appeals and Calls for Review) has been exhausted.

1. Lletter height and legibility, [Source: 18.105.040.A.1] Item 10.1
City Council Meeting Agenda - Page 1554 of 2120 - Monday, April 21, 2025 Chapter 18.130
Revised Preliminary Draft – March 2025
43 2. Ccontrast-background relationship [Source: 18.105.040.A.1]

3. , pPlacement and location , and the i[Source: 18.105.040.A.1]

4. Impact of other signs in the vicinity, and the [Source: 18.105.040.A.1]

18.105.050.C]

1. If the Zoning Administrator determines that the modification is minor, the Zoning Administrator may approve the modification administratively. The Zoning Item 10.1
City Council Meeting Agenda - Page 1555 of 2120 - Monday, April 21, 2025 Chapter 18.130 Sign Permit
44 Administrator’s decision may be appealed to the Planning Commission. [Source:

18.105.060.A]

18.135.040. (Ord. 856 § 2 (Exh. A), 2011; Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.10, 1996; 1991 code § 35-30A.10) [Source: 18.105.060.D] A. A Sign Permit may be revoked in compliance with Section 18.135.040 (Revocation or Modification of Discretionary Permits) if found in violation of this Chapter or a condition of approval [Source: 18.105.060.D]
B. Resubmittal of Application. Following denial of a Ssign Ppermit or master sign program, no new application for the same, or substantially the same, permit or program shall be accepted within one year 12 months of the date of denial, unless the denial was made without prejudice. (Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.12, 1996; 1991 code § 35- 30A.12) [Source: 18.105.070]
Item 10.1
City Council Meeting Agenda - Page 1556 of 2120 - Monday, April 21, 2025 Chapter 18.135
Revised Preliminary Draft – March 2025
45 Chapter 18.135
Temporary Sign Permit
Item 10.1
City Council Meeting Agenda - Page 1557 of 2120 - Monday, April 21, 2025 Chapter 18.135 Temporary Sign Permit
46 Chapter 18.135 Temporary Sign Permit
Sections

18.135.010 Purpose and Applicability

18.135.020 Review Authority

18.135.030 Filing, Processing, and Review

18.135.040 Findings

18.135.050 Conditions of Approval

18.135.060 Lapse of Approval – Changes to Plans

18.135.070 Revocation

18.135.080 Resubmittal of Application

18.60.030.C. [Source: 18.105.010]

18.105.020]

18.135.030 Filing, Processing, and Review
A. Application. An applicant for a Temporary Sign Permit shall submit the following: [Source:

18.115.030.A]

1. A complete application and all applicable materials and information as provided by the Planning Division. [Source: NEW]

2. The Zoning Administrator, at their discretion, may add or waive the submission of application materials or information to determine compliance with the standards of this Chapter. [Source: NEW]
Item 10.1
City Council Meeting Agenda - Page 1558 of 2120 - Monday, April 21, 2025 Chapter 18.135
Revised Preliminary Draft – March 2025
47 B. Application. The applicant shall submit a request for a sign permit, master sign program or temporary sign permit to the zoning administrator on forms provided by the city. An application is determined to be complete in accordance with PHMC § 18.75.030. [Source:

18.135.040 Findings
A. The review authority may Temporary sign permit. Before approving approve an application for a Ttemporary Ssign Ppermit, the zoning administrator must if it finds thaall of the following to be true: [Source: 18.105.040.C]
B.A. The proposed temporary sign will be located, operated, and maintained in a manner consistent with the Ggeneral Pplan and this Cchapter; [Source: 18.105.040.C.1] C.B. Approval of the application Temporary Sign Permit will not be detrimental to adjacent properties or to , property in the surrounding area, or to the public health, safety, or general welfare; and [Source: 18.105.040.C.2]
C. The proposed temporary sign proposal conforms to the city-wide sign design guidelines and/or other applicable adopted design guidelines. (Ord. 856 § 2 (Exh. A), 2011; Ord. 854 § 3, 2011; Item 10.1
City Council Meeting Agenda - Page 1559 of 2120 - Monday, April 21, 2025 Chapter 18.135 Temporary Sign Permit
48 Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.6, 1996; 1991 code § 35-30A.6) [Source:

18.135.060 Lapse of Approval – Changes to Plans
A. Temporary sign permit. Lapse of Approval. A Ttemporary Ssign Ppermit is valid for the time periodduration of the period specified in the permit application. The A Temporary Sign Permit permit lapses if not used within the dates approved. [Source: 18.105.060.C] B. Changes to Plans or Conditions of Approval. A request for a change in a condition of approval, or a change in the Temporary Sign Permit which affects a condition of approval, requires an application for modification of the condition. [Source: 18.105.060.A]

18.135.070 Revocation
Revocation. A sign permit, master sign program or Ttemporary Ssign Ppermit may be revoked in accordance with Section 18.135.040 (Revocation or Modification of Discretionary Permits) exercised if found in violation of this Cchapter or a condition of approval may be revoked as provided in PHMC § Item 10.1
City Council Meeting Agenda - Page 1560 of 2120 - Monday, April 21, 2025 Chapter 18.135
Revised Preliminary Draft – March 2025
49 18.135.040. (Ord. 856 § 2 (Exh. A), 2011; Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.10, 1996; 1991 code § 35-30A.10) [Source: 18.105.060.D]

18.105.070]
Item 10.1
City Council Meeting Agenda - Page 1561 of 2120 - Monday, April 21, 2025 Chapter 18.140 Master Sign Program
50 Chapter 18.140
Master Sign Program
Item 10.1
City Council Meeting Agenda - Page 1562 of 2120 - Monday, April 21, 2025 Chapter 18.140
Revised Preliminary Draft – March 2025
51 Chapter 18.140 Master Sign Program
Sections

18.140.010 Purpose and Applicability

18.140.020 Review Authority

18.140.030 Filing, Processing, and Review

18.140.040 Findings

18.140.050 Conditions of Approval

18.140.060 Lapse of Approval – Changes to Plans

18.140.070 Revocation

18.140.080 Resubmittal of Application

B), 1999; Ord. 710 § 35-30A.1, 1996; 1991 code § 35-30A.1) [Source: 18.105.010]

18.105.020]

18.75.030. [Source: 18.105.030.A]
A.

1. The application for a Mmaster Ssign Pprogram shall include all of the following:
[Source: 18.105.030.A]

1.2. A master sign programPlans, drawn to scale, delineating the site proposed to be included within the Master Ssign Pprogram and the general location of all signs; [Source: 18.105.030.A.1]
Item 10.1
City Council Meeting Agenda - Page 1563 of 2120 - Monday, April 21, 2025 Chapter 18.140 Master Sign Program
52 2.3. Drawings and/or sketches indicating the exterior surface details of all buildings on the site on which wall signs, directory signs, ground signs, or projecting signs are proposed; [Source: 18.105.030.A.2]

3.a. A statement of the reasons for any requested modification to the regulations or standards of PHMC Chapter 18.6018.80 (Signs); and [Source:

18.105.030.A.3]

4.b. A written program specifying sign standards, including color, size, construction details, placement, and necessity for Ccity review, for distribution to future tenants. [Source: 18.105.030.A.4]

C.D. Appeal. Any interested person may appeal a decision of the application by the zoning administrator to the architectural review commission and of the Aarchitectural Rreview Ccommission to the Ccity Ccouncil, in accordance with PHMC Chapter 18.130Chapter 18.175 (Appeals and Calls for Review). [Source: 18.105.030.C]
D.E. Projects with Mmultiple Ddiscretionary Aapplications. Notwithstanding Ssubsections BB and CC of this section, for projects requiring a discretionary permit approval from the Pplanning Ccommission and/or Ccity Ccouncil in conjunction with approval of a Ssign Ppermit and/or Mmaster Ssign Pprogram, the Pplanning Ccommission and/or Ccity Ccouncil shall be the final decision-maker for the Ssign Ppermit and/or Mmaster Ssign Pprogram and any action of the Zzoning Aadministrator and/or Aarchitectural Rreview Ccommission shall be considered advisory to the Pplanning Ccommission and/or Ccity Ccouncil. (Ord. 921 § 2, 2018; Ord. 856 Item 10.1
City Council Meeting Agenda - Page 1564 of 2120 - Monday, April 21, 2025 Chapter 18.140
Revised Preliminary Draft – March 2025
53 § 2 (Exh. A), 2011; Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.4, 1996; 1991 code § 35-30A.4) [Source: 18.105.030.D]

18.60.050Section 18.60.050 (Specific Sign Standards), Specific sign standards; [Source:

18.105.060.A]
Item 10.1
City Council Meeting Agenda - Page 1565 of 2120 - Monday, April 21, 2025 Chapter 18.140 Master Sign Program
54 1. If the Zoning Administrator determines that the modification is minor, the Zoning Administrator may approve the modification administratively. The Zoning Administrator’s decision may be appealed to the Architectural Review Commission. [Source: 18.105.060.A]

18.135.040. (Ord. 856 § 2 (Exh. A), 2011; Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.10, 1996; 1991 code § 35-30A.10) [Source: 18.105.060.D]

18.140.080 Resubmittal of Application
Following denial of a Ssign Ppermit or Mmaster Ssign Pprogram, no new application for the same, or substantially the same, permit or program shall be accepted within one year 12 months of the date of denial, unless the denial was made without prejudice. (Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.12, 1996; 1991 code § 35-30A.12) [Source: 18.105.070] Item 10.1
City Council Meeting Agenda - Page 1566 of 2120 - Monday, April 21, 2025 Chapter 18.135
Revised Preliminary Draft – March 2025
55 Chapter 18.135
Use Permit
Item 10.1
City Council Meeting Agenda - Page 1567 of 2120 - Monday, April 21, 2025 Chapter 18.135 Use Permit
56 Chapter 18.145 Use Permit
Sections

18.145.010 Purpose and Applicability

18.145.020 Review Authority

18.145.030 Filing, Processing, and Review

18.145.040 Findings

18.145.050 Conditions of Approval

18.145.060 Lapse of Approval – Changes to Plans

18.145.070 Revocation

18.145.080 Resubmittal of Application

18.145.020 Review Authority
A. Use Permit. The Pplanning Ccommission has the authority to approve, conditionally approve, or deny Uuse Ppermits applications., [Source: 18.95.020] B. Minor Use Permit. except that tThe Zzoning Aadministrator has the authority to approve, conditionally approve, or deny an application for a Mminor Uuse Ppermit application. or any use permit in PHMC Title 18 granting the approval authority to the zoning administrator. A minor use permit is a use permit pertaining to an existing structure or portion of a structure located in any zoning district, or certain qualifying wireless telecommunications facilities as specified by Item 10.1
City Council Meeting Agenda - Page 1568 of 2120 - Monday, April 21, 2025 Chapter 18.135
Revised Preliminary Draft – March 2025
57 PHMC Chapter 18.67. The Zzoning Aadministrator, in his or her their discretion, may refer a Mminor Uuse Ppermit application directly to the Pplanning Ccommission for review, in which case the application shall comply with the processing procedures for a Use Permit as established in this Chapter. (Ord. 966 § 5, 2023; Ord. 934 § 11, 2019; Ord. 757 § 4, 2001; Ord. 710 § 35-29.2, 1996; 1991 code § 35-29.2) [Source: 18.95.020]

18.145.030 Filing, Processing, and Review
A. Application. An applicant for a Use Permit or Minor Use Permit shall submit the following:
[Source: 18.95.030.A]

1. A complete application for a Use Permit and all applicable materials and information as provided by the Planning Division. [Source: 18.95.030.A]

2. The Zoning Administrator, at their discretion, may add or waive the submission of application materials or information to determine compliance with the standards of this Chapter. [Source: 18.95.030.A]
A. Application. The applicant shall submit a request for a use permit to the zoning administrator on forms provided by the city. An application is considered to be complete if it is in accordance with PHMC § 18.75.030. A use permit application for certain uses in a residential zoning district is subject to pre-application review by other agencies, pursuant to PHMC § 18.20.075. [Source:

18.95.030.A]
B. Notice and Ppublic Hhearing.

1. , unless exempted in this Title

3. Multiple Discretionary Permits. Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.XX.XXX (Multiple Discretionary Permits). [Source: NEW] The zoning administrator shall set the time and date for the public hearing. The hearing shall be scheduled within 20 calendar days, and held within 60 calendar days, after the Item 10.1
City Council Meeting Agenda - Page 1569 of 2120 - Monday, April 21, 2025 Chapter 18.135 Use Permit
58 application is deemed complete. When applications for multiple development plans, use permits or variances on a single site are filed at the same time, the zoning administrator may schedule a combined public hearing. [Source: 18.95.030.B] Notice of the hearing shall be given in accordance with PHMC Chapter 18.80. A public hearing may be continued to a definite date and time without additional public notice. [Source: 18.95.030.B]
C. Decision.

In the case of an appeal to the pPlanning Ccommission, or Ccity Ccouncil on appeal, the date of the decision is the date the Planning Ccommission or City Ccouncil adopts the resolution. [Source: 18.95.030.C]
C.D. Effective Ddate. A decision under this Cchapter takes effect at the end of the time allowed for an appeal, which is 10 calendar days after notice of the decision is mailed. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.175 (Appeals and Calls for Review) is exhaustedcompliance. [Source: 18.95.030.D] D.E. remAppeal. A decision of the Zzoning Aadministrator may be appealed to the Pplanning Ccommission, and a decision of the Pplanning Ccommission may be appealed to the Ccity Ccouncil, all in compliancen accordance with the appeal procedures of PHMC Chapter

18.130Chapter 18.165 (Appeals and Call for Review). (Ord. 867 § 12, 2012; Ord. 727 § 16, 1998; Ord. 710 § 35-29.4, 1996; 1991 code § 35-29.4) [Source: 18.95.030.E]

18.95.040]
A. The proposed use will not be detrimental to the health, safety, and general welfare of persons residing or working in the neighborhood of the proposed use; [Source: 18.95.040.A] B. The proposed use will not be injurious or detrimental to adjacent properties or to property in the neighborhood or to the general welfare of the city; and [Source: 18.95.040.B] C. The proposed use is consistent with the policies and goals established by the Ggeneral Pplan. [Source: 18.95.040.C]
Item 10.1
City Council Meeting Agenda - Page 1570 of 2120 - Monday, April 21, 2025 Chapter 18.135
Revised Preliminary Draft – March 2025
59 D. In addition, iIf the Uuse Ppermit is for a residential use in a residential zoning districtzoning district pursuant toin compliance with PHMC § 18.20.075, the following additional findings are required: [Source: 18.95.040.D]

2. The proposed use complies with the development and operational standards of PHMC § 18.20.075. [Source: 18.95.040.D.2]

3. The property and existing structures are physically suited to accommodate the use. [Source: 18.95.040.D.3]

18.95.050.A]
B. Protect the public health, safety, and general welfare; or [Source: 18.95.050.B] C. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area. (Ord. 710 § 35-29.8, 1996; 1991 code § 35-29.8) [Source: 18.95.050.C]
Item 10.1
City Council Meeting Agenda - Page 1571 of 2120 - Monday, April 21, 2025 Chapter 18.135 Use Permit
60 18.145.060 Lapse of Approval – Changes to Plans
A. Lapse of Aapproval.

18.95.060.A.1]

2.b. A Ccertificate of Ooccupancy has been issued; or [Source: 18.95.060.A.2]

3.c. The use is established; or [Source: 18.95.060.A.3] a. The use permit is renewed by the hearing body which originally approved it.

18.95.060.B]

If the zoning administrator determines that a modification is major, the modification shall be referred for consideration to the final decision-making body that reviewed and approved the original use permit. [Source: 18.95.060.B]
Item 10.1
City Council Meeting Agenda - Page 1572 of 2120 - Monday, April 21, 2025 Chapter 18.135
Revised Preliminary Draft – March 2025
61 18.145.070 Revocation
A Uuse Ppermit or Minor Use Permit exercised in violation of this Cchapter or a condition of approval may be revoked, as provided in in accordance with PHMC § 18.135.040Section 18.175.040 (Revocation or Modification of Discretionary Permits). (Ord. 867 § 14, 2012; Ord. 856 § 2 (Exh. A), 2011; Ord. 710 § 35-29.10, 1996; 1991 code § 35-29.10) [Source: 18.95.060.C]

18.145.080 Resubmittal of Application
Following denial of a Uuse Ppermit or Minor Use Permit application, no new application for the same, or substantially the same, Uuse Ppermit or Minor Use Permit shall be accepted within one year 12 months of the date of denial, unless the denial was made without prejudice. (Ord. 710 § 35-29.12, 1996; 1991 code § 35-29.12) [Source: 18.95.070]
Item 10.1
City Council Meeting Agenda - Page 1573 of 2120 - Monday, April 21, 2025 Chapter 18.150 Use Permit, Temporary
62 Chapter 18.150
Use Permit, Temporary
Item 10.1
City Council Meeting Agenda - Page 1574 of 2120 - Monday, April 21, 2025 Chapter 18.150
Revised Preliminary Draft – March 2025
63 Chapter 18.150 Use Permit, Temporary
Sections

18.150.010 Purpose and Applicability

18.150.020 Review Authority

18.150.030 Filing, Processing, and Review

18.150.040 Findings

18.150.050 Conditions of Approval

18.150.060 Lapse of Approval

1. Ssix times during any calendar year and or for any up to longer than 14 days for each eventoccurrence. [Source: 18.100.010]

2. Each site shall not have temporary use permits that exceed more than 84 total days during any calendar year.

18.100.010]

The Zoning Administrator may request additional plans and materials wWithin five working days of receiving a complete application, the zoning administrator may request additional plans Item 10.1
City Council Meeting Agenda - Page 1575 of 2120 - Monday, April 21, 2025 Chapter 18.150 Use Permit, Temporary
64 and materials necessary if deemed necessary to assess the potential impacts of the proposed temporary use. [Source: 18.100.030.A]
B. Notice and Public Hearing. No notice or public hearing is required for a Temporary Use Permit unless referred or appealed to the Planning Commission. [Source: 18.100.030.A] B.C. Decision. Within five working days following the submission of a complete application, The the Zzoning Aadministrator shall approve, conditionally approve, or deny a Temporary Use Permit application. The Zoning Administrator shall an application within five working days after receiving a complete application, and shall promptly notify the applicant. [Source:

The permit lapses if not used within the dates approved. [Source: 18.100.030.C]

18.100.050.A]
B. Protect the public health, safety, and general welfare. This may include, but is not limited to, conditions regarding: traffic, parking, noise, waste, and litter; and [Source: 18.100.050.B] C. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area. (Ord. 865 § 8, 2012; Ord. 710 § 35-30.8, 1996; 1991 code § 35-30.8) [Source: 18.100.050.C] Item 10.1
City Council Meeting Agenda - Page 1576 of 2120 - Monday, April 21, 2025 Chapter 18.150
Revised Preliminary Draft – March 2025
65 18.150.060 Lapse of Approval
A. A Temporary Use Permit lapses if not used within the timeframe in which the permit was approved. [Source: 18.100.030.]
A. Revocation
B. The Zzoning Aadministrator may revoke the permita Temporary Use Permit for a violation of the terms of the permit. The revocation is effective immediately upon verbal or written notice to the permit holder. The Zzoning Aadministrator shall confirm any verbal notice in writing within two working days. (Ord. 727 § 7, 1998; Ord. 710 § 35-30.4, 1996; 1991 code § 35-30.4) [Source: 18.100.030.C]
Item 10.1
City Council Meeting Agenda - Page 1577 of 2120 - Monday, April 21, 2025 Chapter 18.155 Variance
66 Chapter 18.155
Variance
Item 10.1
City Council Meeting Agenda - Page 1578 of 2120 - Monday, April 21, 2025 Chapter 18.155
Revised Preliminary Draft – March 2025
67 Chapter 18.155 Variance
Sections

18.155.010 Purpose and Applicability

18.155.020 Review Authority

18.155.030 Filing, Processing, and Review

18.155.040 Findings

18.155.050 Conditions of Approval

18.155.060 Lape of Approval – Changes to Plans

18.155.070 Resubmittal of Application

1. Variance. A Vvariance is required when a property owner seeks relief from zoning requirements because of special physical conditions applicable to the property. [Source: 18.110.010]

2. Minor Variance. A Minor Variance is a variance in connection with property in a singlefamily zoning district. [Source: 18.110.010]

3. A Vvariance may not be granted regarding use classifications or density. [Source:

18.110.010]

4. A request for a Rreasonable Aaccommodation in the application of zoning regulations for a disabled person is not considered a Va variance or Minor Variance., See Chapter

18.155.020 Review Authority
A. Variance. The Pplanning Ccommission has the authority to approve, conditionally approve, or deny Vvariances,.

B. Minor Variance. except that the The Zzoning Aadministrator has the authority to approve, conditionally approve, or deny a Mminor Vvariance. A minor variance means a variance in Item 10.1
City Council Meeting Agenda - Page 1579 of 2120 - Monday, April 21, 2025 Chapter 18.155 Variance
68 connection with property in a single-family zoning district. The Zzoning Aadministrator may, in his or her their discretion, refer a Mminor Vvariance application directly to the Pplanning Ccommission for review. (Ord. 710 § 35-31.2, 1996; 1991 code § 35-31.2) [Source: 18.110.020]

3. Notice of thepublic hearings shall be given in complianceaccordance with Chapter

18.195 (Notice Requirements)PHMC Chapter 18.80. A public hearing may be continued to a definite date and time without additional public notice. [Source:

18.110.030.B]

2.1. Variance. Within 20 working days following the public hearing, The the hearing body Planning Commission shall approve, conditionally approve, or deny an application a Item 10.1
City Council Meeting Agenda - Page 1580 of 2120 - Monday, April 21, 2025 Chapter 18.155
Revised Preliminary Draft – March 2025
69 Variance applicationwithin 20 working days after the close of the public hearing. [Source: 18.110.030.C]

18.155.050 Conditions of Approval
In approving a Vvariance or Minor Variance, the planning commission or zoning administrator review authority may impose reasonable conditions necessary to: [Source: 18.110.050] Item 10.1
City Council Meeting Agenda - Page 1581 of 2120 - Monday, April 21, 2025 Chapter 18.155 Variance
70 A. Achieve the general purposes of this Cchapter or the specific purposes of the zoning districtzoning district in which the site is located, or to make it consistent with the Ggeneral Pplan; [Source: 18.110.050.A]
B. Protect the public health, safety, and general welfare; or [Source: 18.110.050.B] C. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area. (Ord. 710 § 35-31.8, 1996; 1991 code § 35-31.8) [Source: 18.110.050.C]

2. A certificate of occupancy has been issued; or [Source: 18.110.060.A.2]

18.110.060.B]

18.155.070 Resubmittal of Application
Following denial of a Vvariance or Minor Variance, no new application for the same, or substantially the same, Vvariance or Minor Variance shall be accepted within one year 12 months of the date of denial, Item 10.1
City Council Meeting Agenda - Page 1582 of 2120 - Monday, April 21, 2025 Chapter 18.155
Revised Preliminary Draft – March 2025
71 unless the denial was made without prejudice. (Ord. 710 § 35-31.12, 1996; 1991 code § 35-31.12) [Source: 18.110.070]
Item 10.1
City Council Meeting Agenda - Page 1583 of 2120 - Monday, April 21, 2025 Chapter 18.160 Zoning Permit
72 Chapter 18.160
Zoning Permit
Item 10.1
City Council Meeting Agenda - Page 1584 of 2120 - Monday, April 21, 2025 Chapter 18.160
Revised Preliminary Draft – March 2025
73 Chapter 18.160 Zoning Permit
Sections

18.160.010 Purpose and Applicability

18.160.020 Review Authority

18.160.030 Filing, Processing, and Review

18.160.040 Findings

18.160.050 Lapse of Approval – Changes to Plans

18.160.060 Revocation

18.160.070 Resubmittal of Application

1. The issuance of a Bbuilding Permit or Ggrading Ppermit;, before

2. Aa new or change in use of a property, including the establishment of a new business;,

3. before Mmodifying, replacing, or constructing an accessory structure;,

4. Rreplacing or constructing a fence or wall within a residential front or street side yardsetback;, or;

5. for aA Section 6409(a) modification as specified by PHMC Chapter 18.67Chapter

18.100 (Wireless Communications).

18.160.020 Review Authority
The Zzoning Aadministrator has the authority to approve, conditionally approve, or deny an application for a Zoning Permit. [Source: NEW] shall issue a zoning permit if: (A) the proposed structure, use or fence complies with this chapter; and (B) no further environmental review is required under the California Environmental Quality Act (CEQA). (Ord. 745 § 7, 2000; Ord. 710 § 35-27.2, 1996; 1991 code § 35-27.2) [Source: 18.85.020]
Item 10.1
City Council Meeting Agenda - Page 1585 of 2120 - Monday, April 21, 2025 Chapter 18.160 Zoning Permit
74 18.160.030 Filing, Processing, and Review
A. Application. The applicant shall file a submit a completed complete application for a Zzoning Ppermit application with to the Zzoning Aadministrator. The application shall include the signature of the property owner in the form approved by the Planning Division. [Source:

18.85.030.A]
B. Notice and Public Hearing.

1. No notice or public hearing is required for a Zoning Permit, unless appealed to the Planning Commission in compliance with Subsection E. [Source: NEW]

18.160.040 Findings
The Zzoning Aadministrator shall issue a Zzoning Ppermit if they find the following to be true: [Source:

18.85.020]

1. A Construction Permit (e.g., Demolition, Building, Grading, Site) has been issued, construction activities has commenced, and applicable preconstruction tasks have startedA Bbuilding Ppermit has been issued, substantial money has been expended, and construction diligently pursued; or [Source: 18.85.040.A.1] Item 10.1
City Council Meeting Agenda - Page 1586 of 2120 - Monday, April 21, 2025 Chapter 18.160
Revised Preliminary Draft – March 2025
75 2. A Ccertificate of Ooccupancy has been issued; or [Source: 18.85.040.A.2]

3. The use is established; or [Source: 18.85.040.A.3]

5. A Zzoning Ppermit automatically lapses if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more. [Source:

18.160.06018.160.070 Resubmittal of Application
If an application for a Zzoning Ppermit is denied, no new application for the same, or substantially the same, Zzoning Ppermit shall be filed within one year 12 months of the date of denial of the initial application, unless the denial is made without prejudice. [Source: 18.85.030.B] Item 10.1
City Council Meeting Agenda - Page 1587 of 2120 - Monday, April 21, 2025 1 18 – Zoning Code
Part 4 – Permit and Entitlement
Processing Procedures

REVISED PRELIMINARY DRAFT
MARCH 2025
Table of Contents
CHAPTER 18.105 ADULT USE DEVELOPMENT PERMIT............................................................. 6

18.105.010 Purpose and Applicability............................................................................................... 6

18.105.020 Review Authority ............................................................................................................ 6

18.105.030 Application...................................................................................................................... 6

18.105.040 Filing, Processing, and Review ...................................................................................... 7

18.105.050 Findings.......................................................................................................................... 8

18.105.060 Lapse of Approval .......................................................................................................... 9

18.105.070 Revocation ..................................................................................................................... 9

18.105.080 Violations...................................................................................................................... 10 CHAPTER 18.110 ARCHITECTURAL REVIEW PERMITS ........................................................... 12

18.110.010 Purpose and Applicability............................................................................................. 12

18.110.020 Review Authority .......................................................................................................... 12

18.110.030 Filing, Processing, and Review .................................................................................... 13

18.110.040 Conditions of Approval ................................................................................................. 15

18.110.050 Lapse of Approval – Changes to Plans........................................................................ 15

18.110.060 Resubmittal of Application............................................................................................ 16 CHAPTER 18.115 DEVELOPMENT PLAN .................................................................................... 18

18.115.010 Purpose and Applicability............................................................................................. 18

18.115.020 Approval Authority ........................................................................................................ 18

18.115.030 Filing, Processing, and Review .................................................................................... 18

18.115.040 Findings........................................................................................................................ 19 Item 10.1
City Council Meeting Agenda - Page 1588 of 2120 - Monday, April 21, 2025 Chapter 18.105 Adult Use Development Permit
2 18.115.050 Conditions of Approval ................................................................................................. 19

18.115.060 Lapse of Approval – Changes to Plans........................................................................ 20

18.115.070 Resubmittal of Application............................................................................................ 20 CHAPTER 18.120 MINOR EXCEPTIONS ...................................................................................... 22

18.120.010 Purpose ........................................................................................................................ 22

18.120.020 Applicability .................................................................................................................. 22

18.120.030 Review Authority .......................................................................................................... 24

18.120.040 Filing, Processing, and Review .................................................................................... 24

18.120.050 Findings........................................................................................................................ 26

18.120.060 Conditions of Approval ................................................................................................. 26

18.120.070 Lapse of Approval – Changes to Plans........................................................................ 26

18.120.080 Resubmittal of Application............................................................................................ 27 CHAPTER 18.125 REASONABLE ACCOMMODATION............................................................... 29

18.125.010 Purpose ........................................................................................................................ 29

18.125.020 Review Authority .......................................................................................................... 29

18.125.030 Requests ...................................................................................................................... 30

18.125.040 Application Requirements ............................................................................................ 30

18.125.050 Filing, Processing, and Review .................................................................................... 31

18.125.060 Findings........................................................................................................................ 32

18.125.070 Appeal .......................................................................................................................... 33 CHAPTER 18.130 SIGN PERMIT ................................................................................................... 35

18.130.010 Purpose and Applicability............................................................................................. 35

18.130.020 Review Authority .......................................................................................................... 35

18.130.030 Filing, Processing, and Review .................................................................................... 35

18.130.040 Findings........................................................................................................................ 36

18.130.050 Conditions of Approval ................................................................................................. 37

18.130.060 Lapse of Approval – Changes to Plans........................................................................ 37

18.130.070 Revocation ................................................................................................................... 37 CHAPTER 18.135 TEMPORARY SIGN PERMIT........................................................................... 39

18.135.010 Purpose and Applicability............................................................................................. 39

18.135.020 Review Authority .......................................................................................................... 39

18.135.030 Filing, Processing, and Review .................................................................................... 39

18.135.040 Findings........................................................................................................................ 40

18.135.050 Conditions of Approval ................................................................................................. 40

18.135.060 Lapse of Approval – Changes to Plans........................................................................ 41

18.135.070 Revocation ................................................................................................................... 41 Item 10.1
City Council Meeting Agenda - Page 1589 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.105 Revised Preliminary Draft – March 2025
3 18.135.080 Resubmittal of Application............................................................................................ 41 CHAPTER 18.140 MASTER SIGN PROGRAM.............................................................................. 43

18.140.010 Purpose and Applicability............................................................................................. 43

18.140.020 Review Authority .......................................................................................................... 43

18.140.030 Filing, Processing, and Review .................................................................................... 43

18.140.040 Findings........................................................................................................................ 44

18.140.050 Conditions of Approval ................................................................................................. 45

18.140.060 Lapse of Approval – Changes to Plans........................................................................ 45

18.140.070 Revocation ................................................................................................................... 45

18.140.080 Resubmittal of Application............................................................................................ 46 CHAPTER 18.145 USE PERMIT..................................................................................................... 48

18.145.010 Purpose and Applicability............................................................................................. 48

18.145.020 Review Authority .......................................................................................................... 48

18.145.030 Filing, Processing, and Review .................................................................................... 49

18.145.040 Findings........................................................................................................................ 50

18.145.050 Conditions of Approval ................................................................................................. 50

18.145.060 Lapse of Approval – Changes to Plans........................................................................ 51

18.145.070 Revocation ................................................................................................................... 51

18.145.080 Resubmittal of Application............................................................................................ 52 CHAPTER 18.150 USE PERMIT, TEMPORARY ........................................................................... 54

18.150.010 Purpose and Applicability............................................................................................. 54

18.150.020 Review Authority .......................................................................................................... 54

18.150.030 Filing, Processing, and Review .................................................................................... 54

18.150.040 Findings........................................................................................................................ 55

18.150.050 Conditions of Approval ................................................................................................. 55

18.150.060 Lapse of Approval ........................................................................................................ 55 CHAPTER 18.155 VARIANCE........................................................................................................ 57

18.155.010 Purpose and Applicability............................................................................................. 57

18.155.020 Review Authority .......................................................................................................... 57

18.155.030 Filing, Processing, and Review .................................................................................... 58

18.155.040 Findings........................................................................................................................ 59

18.155.050 Conditions of Approval ................................................................................................. 59

18.155.060 Lape of Approval – Changes to Plans ......................................................................... 59

18.155.070 Resubmittal of Application............................................................................................ 60 CHAPTER 18.160 ZONING PERMIT.............................................................................................. 62 Item 10.1
City Council Meeting Agenda - Page 1590 of 2120 - Monday, April 21, 2025 Chapter 18.105 Adult Use Development Permit
4 18.160.010 Purpose and Applicability............................................................................................. 62

18.160.020 Review Authority .......................................................................................................... 62

18.160.030 Filing, Processing, and Review .................................................................................... 62

18.160.040 Findings........................................................................................................................ 63

18.160.050 Lapse of Approval – Changes to Plans........................................................................ 63

18.160.060 Revocation ................................................................................................................... 64

18.160.070 Resubmittal of Application............................................................................................ 64 Item 10.1
City Council Meeting Agenda - Page 1591 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.105 Revised Preliminary Draft – March 2025
5 Chapter 18.105
Adult Use Development Permit
Item 10.1
City Council Meeting Agenda - Page 1592 of 2120 - Monday, April 21, 2025 Chapter 18.105 Adult Use Development Permit
6 Chapter 18.105 Adult Use Development Permit
Sections

18.105.010 Purpose and Applicability

18.105.020 Review Authority

18.105.030 Application

18.105.040 Filing, Processing, and Review

18.105.050 Findings

18.105.060 Lapse of Approval

18.105.070 Revocation

18.105.080 Violations

1. No adult business may be established within the city by right. All persons wishing to establish an adult business within the city shall apply for and receive an Adult Use Development Permit under this Chapter. [Source: 18.70.050.A]

2. It is the burden of the applicant to supply evidence to justify the approval of an Adult Use Development Permit. [Source: 18.70.050.B]

3. Any person desiring to operate or establish an adult business within the City shall file for an Adult Use Development Permit application with the Planning Division using a standard application form supplied by the Planning Division. [Source: 18.70.050.A.C]

18.105.020 Review Authority
The Planning Commission shall approve, conditionally approve, or deny an application for an Adult Use Development Permit based on the criteria established in this Chapter and the underlying zoning district in which the property is located. [Source: 18.70.080.A]

18.105.030 Application
A. Eligible Applicants. The application shall be signed by the owner or lessee. If the application is signed by a lessee, a notarized statement signed by the owner shall accompany the application. Proof of status is required. [Source: 18.70.060.A] B. Required Contents. The City Council, by resolution, shall establish the required contents for Adult Use Development Permit applications. [Source: 18.70.060.B] Item 10.1
City Council Meeting Agenda - Page 1593 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.105 Revised Preliminary Draft – March 2025
7 C. Environmental Requirements. Applications for an Adult Use Development Permit shall comply with the California Environmental Quality Act (“CEQA”). [Source: 18.70.060.C] D. Fees. The City Council, by resolution, shall set a nonrefundable application fee for persons applying for an Adult Use Development Permit. [Source: 18.70.070]

18.105.040 Filing, Processing, and Review
A. Determination of Completeness. Within 30 calendar days after an Adult Use Development Permit application is submitted, the Zoning Administrator shall determine whether the application is complete and shall notify the applicant of the determination, including (if appropriate) a description of why the application is incomplete and any additional information that may be required. [Source: 18.70.080.B]
B. Planning Commission Review. Following the date of a deemed complete application, the Planning Commission shall conduct an appropriate review, including consultation with the Building, Police, Fire, Engineering, and Health Departments, and an inspection of the premises as needed. Consultation is not grounds for the City to unilaterally delay the review of a completed application. [Source: 18.70.080.C]
C. In reaching a decision, the Planning Commission shall not be bound by the formal rules of evidence. [Source: 18.70.080.D]
D. Public Hearing and Noticing.

1. Following the completion of the review, the Planning Commission shall notice and conduct a public hearing, as prescribed in Chapter 18.195 (Notice Requirements) of this Title, on the application for an Adult Use Development Permit. [Source:

18.70.080.E]

2. Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.XX.XXX (Multiple Discretionary Permits). [Source: NEW]
E. Timeline. The Planning Commission shall render a written decision of approval, conditional approval, or denial of an Adult Use Development Permit within 60 calendar days of receiving a completed application. The failure of the Planning Commission to render a decision within this time frame shall be deemed a denial. [Source: 18.70.080.F] F. Notice of Decision. The Planning Commission’s decision shall be hand delivered or mailed to the applicant. Any posted notices shall remain for at least 10 calendar days after the determination of decision and mailed to all property owners within 300 feet of the site in which the adult use will be present. [Source: 18.70.080.G]
G. Appeals. The decision of the Planning Commission may be appealed to the City Council in compliance with Chapter 18.175 (Appeals and Calls for Review) and California Code of Civil Procedures section 1094.6. [Source: 18.70.100.A, B]
Item 10.1
City Council Meeting Agenda - Page 1594 of 2120 - Monday, April 21, 2025 Chapter 18.105 Adult Use Development Permit
8 18.105.050 Findings
A. The Planning Commission shall approve or conditionally approve an application for an Adult Use Development Permit, if, based on the application and information submitted, it is able to make the following findings: [Source: 18.70.120]

1. The proposed adult use complies with the development and design requirements of the underlying zoning district in which it is located and with the applicable standards of this Chapter; [Source: 18.70.120.A.1]

2. The proposed adult use and its projected traffic generation is consistent with achieving or maintaining the established level of service and vehicle miles travelled criteria established in the Transportation and Circulation Element of the General Plan. If the City’s established level of service is already exceeded, then the proposed use and its projected traffic generation will not result in a net increase in the level of service; [Source: 18.70.120.A.2]

3. The proposed site is adequately served by other public and private service facilities for the proposed adult use; [Source: 18.70.120.A.3]

4. The proposed adult use is not located within a 500-foot radius of a residential land use designation as prescribed in the Land Use Element of the General Plan or the general plan of an adjacent jurisdiction. The distance between a proposed use and a residential land use designation shall be measured from the nearest exterior wall of the facility housing the adult use or proposed adult use closest to the lot line of the residential land use designation, along a straight line extended between the two points; [Source:

18.70.120.A.4]

5. The proposed adult use is not located within an 800-foot radius of a. existing school, daycare, or park facility located within or outside the jurisdiction of the city, or a school or park land use designation as established in the Land Use Element of the General Plan or the general plan of an adjacent jurisdiction. The distance between the proposed use and a school or park land use designation or facility shall be measured from the nearest exterior wall of the facility housing the adult use or proposed adult use to the property line of the school site or the nearest property line included within a park land use designation, along a straight line extended between the two points; [Source:

18.70.120.A.5]

6. The proposed adult use is not located within an 800-foot radius of a place of assembly, as defined in Section 18.190.050 (Public and Semi-Public Land Use Classifications) of this Title, located either within or outside the jurisdiction of the City. The distance between the adult use or proposed adult use and a religious institution shall be measured from the nearest exterior wall of the facility housing the adult use or proposed adult uses along a straight line extended to the nearest exterior wall of the structure housing the religious institution; [Source: 18.70.120.A.6]

7. The proposed adult use is not located within 1,000 feet of any other adult use that is located either within or outside the jurisdiction of the City. The distance between two adult uses shall be measured between the nearest exterior walls of the structure Item 10.1
City Council Meeting Agenda - Page 1595 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.105 Revised Preliminary Draft – March 2025
9 housing the adult uses along a straight line extended between the two uses; and [Source: 18.70.120.A.7]

8. Neither the applicant (if an individual) or any of the officers or general partners (if a corporation or partnership) have been found guilty or pleaded nolo contendere within the past four years of a misdemeanor or a felony classified by the State of California as a sex or sex-related offense. [Source: 18.70.120.A.9] Any conditions of approval imposed upon the Adult Use Development Permit shall comply with the objective development standards of Section 18.50.030 (Locational Limitations) and the underlying zoning district of the proposed lot. [Source: 18.70.120.B]

18.105.060 Lapse of Approval
A. Permits for New Facility/Use. An Adult Use Development Permit approved in accordance with this Chapter shall become null and void unless the proposed use is established within six months of the date of approval.

B. Permits for Reuse of Existing Facilities. An Adult Use Development Permit approved in accordance with this Chapter for facilities that are a reuse of existing facilities, the permit shall become null and void unless the proposed use is established within six months of the date of approval, unless the permittee demonstrates, to the satisfaction of the Planning Commission, that it has a good faith intent to commence the proposed use before the expiration date. Such extensions shall not exceed two six-month extensions, or a total of 12 months from the date of approval. [Source: 18.70.110]

18.105.070 Revocation
A. Any Adult Use Development Permit issued in accordance with this Chapter may be revoked by the City if for any of the following reasons: [Source: 18.70.130.A]

1. The business or activity has been conducted in a manner which: [Source:

18.70.130.A.1]
a. Violates one or more of the conditions imposed upon the approval of the Adult Use Development Permit [Source: 18.70.130.A.1
b. Fails to conform to the plans and procedures described in the permit application [Source: 18.70.130.A.1]
c. Violates the occupant load limits set by the Fire Marshal; [Source:

18.70.130.A.1]

2. The permittee has failed to obtain or maintain all required City, County, and/or State of California licenses and permits; [Source: 18.70.130.A.2, modified]

3. The permittee has misrepresented a material fact in the permit application or has not answered each question truthfully; [Source: 18.70.130.A.4]

4. Changes in on-site conditions has resulted in the adult business having insufficient onsite parking as established in Chapter 18.70 (Off-Street Parking and Loading), except Item 10.1
City Council Meeting Agenda - Page 1596 of 2120 - Monday, April 21, 2025 Chapter 18.105 Adult Use Development Permit
10 for an existing use that is legal and nonconforming with respect to parking; [Source:

18.70.130.A.5]

5. The building or structure in which the adult business is conducted is hazardous to the health or safety of the employees or patrons of the business or of the public under the standards established in the Uniform Building, Uniform Plumbing or Uniform Fire Code; [Source: 18.70.130.A.6]

6. The adult business creates sound levels which violate the City’s established noise thresholds; [Source: 18.70.130.A.7]

7. The permittee, if an individual, or any of the officers or general partners, if a corporation or partnership, is found guilty or pleaded nolo contendere to a misdemeanor or felony classified by the State of California as a sex or sex-related offense during the period of the adult business’s operation; or [Source: 18.70.130.A.8]

8. The adult use for which the permit was approved has ceased to exist or has been suspended for six months or more. [Source: 18.70.130.A.9 B. Notice and Public Hearing. The Planning Commission shall conduct a public hearing, as prescribed in Chapter 18.195 (Notice Requirements) on the proposed revocation of an Adult Use Development Permit. [Source: 18.70.130.B-D]
C. Revocation Procedure. An Adult Use Development Permit may be revoked or modified in compliance with Section 18.185.040 (Revocation or Modification of Discretionary Permits). The Planning Commission shall make its decision within 30 days of the public hearing and shall not be bound by the formal rules of evidence at the hearing. [Source: 18.70.130.C-I].

D. In the event an Adult Use Development Permit is revoked pursuant in accordance with this Section, another Adult Use Development Permit to operate an adult business shall not be granted to the permittee for 12 months after the date of such written notice of revocation.

18.105.080 Violations
A person who violates a provision of this Chapter, including the failure to secure an Adult Use Development Permit or comply with a condition of approval, is subject to the criminal penalties established in Pleasant Hill Municipal Code Chapter 1.30. [Source: 18.70.140] Item 10.1
City Council Meeting Agenda - Page 1597 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.110 Revised Preliminary Draft – March 2025
11 Chapter 18.110
Architectural Review Permits
Item 10.1
City Council Meeting Agenda - Page 1598 of 2120 - Monday, April 21, 2025 Chapter 18.110 Architectural Review Permits
12 Chapter 18.110 Architectural Review Permits
Sections

18.110.010 Purpose and Applicability

18.110.020 Review Authority

18.110.030 Filing, Processing, and Review

18.110.040 Conditions of Approval

18.110.050 Lapse of Approval – Changes to Plans

18.110.060 Resubmittal of Application

18.110.010 Purpose and Applicability
A. Purpose. The purpose of an Architectural Review Permit is to evaluate the interdependence of property values and aesthetics and provide a method to promote sound land use development.

Architectural review is intended to promote the architectural design excellence, visually pleasing and harmonious site design, and preservation of natural landforms and vegetation. [Source: 18.115.010.B]
B. Applicability. An Architectural Review Permit is required before issuance of a Building Permit for any development project relating to the following: [Source: 18.115.010]

2. A single-family residence at the time of initial construction, or a substantial addition as determined by the Zoning Administrator. An Architectural Review Permit is not required for remodeling, additions, or accessory structures; however, staff level review of such structures for substantial conformance with the citywide design guidelines shall occur as part of the Building Permit plan review and approval process. [Source:

18.110.020 Review Authority
A. Architectural Review Commission. Except as provided in Subsections B and C of this Section, the Architectural Review Commission has the authority to approve, conditionally approve, or deny Architectural Review Permits. The Architectural Review Commission is established under Title 3 (Boards and Commissions). [Source: 18.115.020.A] Item 10.1
City Council Meeting Agenda - Page 1599 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.110 Revised Preliminary Draft – March 2025
13 B. Zoning Administrator. The Zoning Administrator has the authority to approve, conditionally approve, or deny an Architectural Review Permit for the following improvements if the Zoning Administrator finds that such improvements will not have a significant visual impact. [Source:

18.115.020.B]

1. A minor alteration to an existing structure in a PUD, PPD, or HPUD development that is consistent with the original permit approval and is approved by the homeowners’ association, if applicable; [Source: 18.115.020.B.1]

2. A minor alteration (including but not limited to repainting, landscape modification, adding screened mechanical equipment, window replacements) to an existing structure in the RB, NB, C, PAO, or LI zoning district that is consistent with the original permit approval; [Source: 18.115.020.B.2]

3. An addition or repair to an existing structure if the exterior is not altered. [Source:

18.115.020.B.3]

4. The Zoning Administrator may, in their discretion, refer an Architectural Review Permit application directly to the Architectural Review Commission. [Source: 18.115.020.B] C. Streamlined Ministerial Review. Residential development projects qualifying for streamlined permit review, as established under Section 18.15.040 (Additional Development Standards) of Chapter 18.15 (Residential Districts), shall be subject to a ministerial architectural review process. [Source: 18.115.020.C]
D. Projects with Multiple Discretionary Applications. For projects requiring a discretionary permit approval from the Planning Commission and/or City Council in addition to Architectural Review Permit approval, the Planning Commission and/or City Council shall be the final review authority for the Architectural Review Permit and any action of the Architectural Review Commission shall be considered advisory to the Planning Commission and/or City Council. [Source: 18.115.030.F]

18.110.030 Filing, Processing, and Review
A. Application. An applicant for an Architectural Review Permit shall submit the following: [Source:

18.115.030.A]

1. A complete application and all applicable materials and information as required by the Planning Division. [Source: 18.115.030.A]

1. The Architectural Review Commission shall hold a public hearing on the Architectural Review Permit application. Notice of the hearing shall comply with Chapter 18.195 (Notice Requirements). No notice or public hearing is required for an application being considered by the Zoning Administrator or for streamlined ministerial review under this Section. [Source: 18.115.030.B]
Item 10.1
City Council Meeting Agenda - Page 1600 of 2120 - Monday, April 21, 2025 Chapter 18.110 Architectural Review Permits
14 2. Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.XX.XXX (Multiple Discretionary Permits). [Source: NEW]
C. Decision. Within 20 working days following the public hearing, the Architectural Review Commission shall approve, conditionally approve, or deny the Architectural Review Permit application. The Zoning Administrator shall mail notice of the decision to the applicant and any other party requesting notice within 10 calendar days of the decision. [Source: 18.115.030.C] D. Effective Date. A decision under this Chapter takes effect 10 calendar days after notice of the decision is mailed. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.175 (Appeals and Calls for Review) has been exhausted. [Source:

18.115.030.D]
E. Appeals.

1. A decision of the Zoning Administrator under this Chapter may be appealed to the Architectural Review Commission in compliance with Chapter 18.175 (Appeals and Calls for Review). [Source: 18.115.030.E]

2. A decision of the Architectural Review Commission may be appealed to the City Council in compliance with Chapter 18.175 (Appeals and Calls for Review). [Source:

18.115.030.E]
F. Scope of Review. The Architectural Review Commission shall review the site plan and physical design of a project; the sign designs and locations; and lighting. In its review, the Architectural Review Commission shall consider the following factors: [Source: 18.115.040]

1. Excellence of design; [Source: 18.115.040.A]

2. Height, mass, and coverage of buildings; [Source: 18.115.040.B]

3. Colors, materials, and types of building and installations; [Source: 18.115.040.C]

4. Physical and architectural relation with existing and proposed structures in the area and to the location of the site within the City; [Source: 18.115.040.D]

5. Site layout, orientation, and location of buildings, and relationship with property boundaries and open areas; [Source: 18.115.040.E]

6. Height, materials, colors, and variations in walls, fences, or screen planting; [Source:

18.115.040.F]

7. Location and type of landscaping, including but not limited to setback areas and offstreet parking areas; [Source: 18.115.040.G]

8. Appropriateness of sign design and exterior lighting standards and devices and other building graphics, in compliance with criteria and sign design guidelines established in Section 18.80.070 (Specific Sign Standards) and Section 18.80.120 (Temporary Freestanding Sign Standards); and [Source: 18.115.040.H]

9. The extent of grading and its relationship to topography, as related to visual impacts. [Source: 18.115.040.I]
Item 10.1
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15 G. Findings. The Architectural Review Commission may approve, or recommend an approval of, an Architectural Review Permit if it finds that all the following are true, based on the application, plans, materials, and testimony submitted at the public hearing: [Source: NEW]

1. The site demonstrates excellence in architectural design; [Source: 18.115.010.B.1]

18.115.010.B.2]

18.115.010.B.3]

4. Excessive and unsightly grading of hillsides is minimized, and the preservation of natural landforms and existing vegetation is encouraged in the design of the site; [Source: 18.115.010.B.4]

5. The site complies with the Citywide Design Guidelines and Residential Objective Design Standards; and [Source: 18.115.010.B.5-6]

18.110.040 Conditions of Approval
The Architectural Review Commission or Zoning Administrator may impose conditions reasonably related to the application and consistent with this Chapter. They may not impose requirements pertaining to use, density, floor area ratio (FAR), open space, setbacks, ridgeline and creek setbacks, parking or loading, or signs more restrictive than those prescribed by the Planning Commission and the zoning district regulations or a valid Use Permit or Variance. [Source: 18.115.050]

18.110.050 Lapse of Approval – Changes to Plans
A. Lapse of Approval. An Architectural Review Permit lapses 12 months from its effective date unless: [Source: 18.115.060.A]

2. An Occupancy Permit has been issued; or [Source: 18.115.060.A.2]

3. The approval is renewed by the Architectural Review Commission. [Source:

1. If the Zoning Administrator determines that the modification is minor, the Zoning Administrator may approve the modification administratively. The Zoning Item 10.1
City Council Meeting Agenda - Page 1602 of 2120 - Monday, April 21, 2025 Chapter 18.110 Architectural Review Permits
16 Administrator’s decision may be appealed to the Planning Commission. [Source:

18.115.060.B]

2. If the Zoning Administrator determines that the modification is major, then the modification shall be referred to the final decision-making body that approved the original Architectural Review Permit. [Source: 18.115.060.B]

18.110.060 Resubmittal of Application
Following denial of an Architectural Review Permit application, no new application for the same, or substantially the same, architectural review plan shall be accepted within 12 months of the date of denial, unless the denial was made without prejudice. [Source: 18.115.070] Item 10.1
City Council Meeting Agenda - Page 1603 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.115 Revised Preliminary Draft – March 2025
17 Chapter 18.115
Development Plan
Item 10.1
City Council Meeting Agenda - Page 1604 of 2120 - Monday, April 21, 2025 Chapter 18.115 Development Plan
18 Chapter 18.115 Development Plan
Sections

18.115.010 Purpose and Applicability

18.115.020 Approval Authority

18.115.030 Filing, Processing, and Review

18.115.040 Findings

18.115.050 Conditions of Approval

18.115.060 Lapse of Approval – Changes to Plans

18.115.070 Resubmittal of Application

18.115.010 Purpose and Applicability
A. A Development Plan is required for any of the following types of development projects: [Source:

18.90.010]

1. Any new structure(s) designed for an occupancy load of 30 persons or more.

2. Lots zoned PUD.[Source: 18.90.010]

3. An addition of 7,000 square feet or more to any existing structure, except for singlefamily residential structures. [Source: 18.90.010] B. A Development Plan is not required for the construction or alteration of a single-family residential structure. [Source: 18.90.010]
C. Development Plan approval is required in addition to an Architectural Review Permit under Chapter 18.110 (Architectural Review Permits). [Source: 18.90.010]

18.115.020 Approval Authority
The Planning Commission has the authority to approve, conditionally approve, or deny Development Plans. [Source: 18.90.020]

18.115.030 Filing, Processing, and Review
A. Application. An applicant for a Development Plan shall submit the following: [Source:

18.90.030.A]

1. A complete application and all applicable materials and information as provided by the Planning Division. [Source: 18.90.030.A]

Item 10.1
City Council Meeting Agenda - Page 1605 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.115 Revised Preliminary Draft – March 2025
19 1. The Planning Commission shall hold a public hearing on an application for a Development Plan and notice such meeting in compliance with Chapter 18.195 (Notice Requirements). A public hearing may be continued to a definite date and time without additional public notice. [Source: 18.90.030.B]

2. Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.XX.XXX (Multiple Discretionary Permits). [Source: NEW]
C. Decision. Within 20 working days following the public hearing, the Planning Commission shall approve, conditionally approve, or deny a Development Plan application. The Zoning Administrator shall mail notice of the decision to the applicant and any other party requesting notice within 10 calendar days of the decision. The date of the decision is the date the Planning Commission (or City Council, on appeal) adopts the resolution. [Source: 18.90.030.C] D. Effective Date. A decision under this Chapter takes effect 10 calendar days after notice of the decision is mailed. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.175 (Appeals and Calls for Review) is exhausted. [Source: 18.90.030.D] E. Appeal. A decision of the Planning Commission may be appealed to the City Council in compliance with Chapter 18.175 (Appeals and Calls for Review). [Source: 18.90.030.E]

18.115.040 Findings
The Planning Commission may approve a development plan if it finds all of the following are true, based on the application, plans, materials, and testimony submitted at the public hearing: [Source: 18.90.040] A. The proposed development will not be detrimental to the health, safety, and general welfare of persons residing or working in the vicinity of the proposed development; [Source: 18.90.040.A] B. The proposed development will not be injurious or detrimental to adjacent properties or to property in the neighborhood or in the city; [Source: 18.90.040.B] C. The proposed development is consistent with the policies and goals established by the General Plan; and [Source: 18.90.040.C]
D. The proposed development is architecturally compatible with other developments in the vicinity, both inside and outside the zoning district. [Source: 18.90.040.D]

18.115.050 Conditions of Approval
In approving a Development Plan, the Planning Commission may impose reasonable conditions necessary to: [Source: 18.90.050]
A. Achieve the general purposes of this Chapter or the specific purposes of the zoning district in which the site is located[Source: 18.90.050.A]
B. To make it consistent with the General Plan; [Source: 18.90.050.A] C. Protect the public health, safety, and general welfare of persons residing or working in the vicinity of the proposed development; or [Source: 18.90.050.B] Item 10.1
City Council Meeting Agenda - Page 1606 of 2120 - Monday, April 21, 2025 Chapter 18.115 Development Plan
20 D. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area. [Source: 18.90.050.C]

18.115.060 Lapse of Approval – Changes to Plans
A. Lapse of Approval. A Development Plan lapses 12 months after its date of approval, or at an alternative time specified as a condition of approval, unless one of the following has occurred:
[Source: 18.90.060.A]

1. A Construction Permit (e.g., Demolition, Building, Grading, Site) has been issued, construction activities has commenced, and applicable preconstruction tasks have started; [Source: 18.90.060.A.1]

2. A Certificate of Occupancy has been issued; or [Source: 18.90.060.A.2]

3. The Development Plan is renewed by the Planning Commission or other hearing body which originally approved it. No new notice or public hearing is required for a renewal if the findings required for approval remain valid. [Source: 18.90.060.A.3] B. Changes to Plans or Conditions of Approval. A request for a change in a condition of approval, or a change in the Development Plan which affects a condition of approval, requires a new application for modification of the condition. [Source: 18.90.060.B]

18.90.060.B]

2. If the Zoning Administrator determines that the modification is major, then the modification shall be referred to the final decision-making body that approved the original Development Plan. [Source: 18.90.060.B]

18.115.070 Resubmittal of Application
Following the denial of a Development Plan application, no new application for the same, or substantially the same, Development Plan shall be accepted within 12 months of the date of denial, unless the denial was made without prejudice. [Source: 18.90.070] Item 10.1
City Council Meeting Agenda - Page 1607 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.120 Revised Preliminary Draft – March 2025
21 Chapter 18.120
Minor Exceptions
Item 10.1
City Council Meeting Agenda - Page 1608 of 2120 - Monday, April 21, 2025 Chapter 18.120 Minor Exceptions
22 Chapter 18.120 Minor Exceptions
Sections

18.120.010 Purpose

18.120.020 Applicability

18.120.030 Review Authority

18.120.040 Filing, Processing, and Review

18.120.050 Findings

18.120.060 Conditions of Approval

18.120.070 Lapse of Approval – Changes to Plans

18.120.080 Resubmittal of Application

18.120.010 Purpose
The purpose of this Chapter is to:

A. Allow the Zoning Administrator to approve a minor exception from specified development standards required by this Title. [Source: 18.111.010.A] B. Provide an appropriate process to enable the Zoning Administrator to approve a Minor Exception. [Source: 18.111.010.B]
C. Provide appropriate and reasonable findings to allow the Zoning Administrator to approve a Minor Exception. [Source: 18.111.010.C]
D. Ensure that any Minor Exceptions approved under this Chapter are consistent with the purpose and intent of this Title. [Source: 18.111.010.D]

18.120.020 Applicability
A. A Minor Exception may be requested for any of the following:

1. Fence or Wall Height. Up to a one foot increase in the maximum allowable height of a fence or wall established in Section 18.65.040 (Residential Fence and Wall Standards). [Source: 18.111.020.A]

2. Floor Area Ratio (FAR). A maximum increase of 10 percent of the existing FAR standard (e.g., if the FAR is 30 percent, the maximum potential increase would be three percent). [Source: 18.111.020.B]

3. Landscaping Area. A decrease in minimum landscaping area, planting area, or dimensional requirements of not more than 20 percent of the applicable standard established in Section 18.15.040 (Additional Development Standards) and Chapter

18.25.030 (Development Standards for Commercial, Office, and Industrial Districts). [Source: 18.111.020.C]
Item 10.1
City Council Meeting Agenda - Page 1609 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.120 Revised Preliminary Draft – March 2025
23 4. Loading. A decrease in the number of required loading spaces if it can be demonstrated that the spaces are not needed for the proposed use and the area that was to be used for the loading space(s) shall be used as landscaping, parking, or open space in addition to the minimum requirements established in Section 18.70.020 (General Requirements for Off-Street Parking and Loading) and Section 18.70.030 (Off-Street Parking and Loading Spaces Required). [Source: 18.111.020.D]

5. Lot Coverage. An increase of not more than 10 percent of the applicable lot coverage standards established in Section 18.15.030 (Development Standards for Residential Zoning districts) (e.g., if the lot coverage standard is 30 percent a 10 percent increase would be three percent). [Source: 18.111.020.E]

6. Lot Depth and/or Width. A decrease of not more than 10 percent of a minimum depth and/or width dimension, only if the minimum required lot area and density requirements established in Section 18.15.030 (Development Standards for Residential Zoning districts) are met (e.g., a lot depth requirement of 90 feet may be reduced to 81 feet). [Source: 18.111.020.F]

7. Open Space. A decrease of not more than 10 percent of the minimum required amount of usable open space on the site (private and/or shared), or open space dimensional requirements established in Section 18.15.030 (Development Standards for Residential Zoning districts) and Section 18.15.040 (Additional Development Standards). [Source: 18.111.020.G]

8. Projections. An increase of not more than 20 percent in the allowable projection of cornices, eaves, fireplaces, masonry chimneys, overhangs, or steps into a required setback area, provided that the projection shall not be closer than three feet to any property line. Projections shall be measured from the required setback, not from an existing legal nonconforming setback or from a reduced setback that may be granted through a Variance or Minor Exception in accordance with Section 18.45.080 (Structure Projections into Yards and Courts)). [Source: 18.111.020.H]

9. Screening of Mechanical Equipment. Alternative methods of screening, including the use of paint or other stealthing or camouflaging techniques, if it is determined that other screening methods established in Section 18.65.060 (Screening of Mechanical Equipment) are not feasible and the alternative methods will provide substantial screening consistent with the intent and purpose of this Title. [Source: 18.111.020.I]

10. Minimum Setbacks. A decrease of not more than 20 percent of the applicable setback standards as established in the base zoning district if consistent with the character of existing development in the surrounding area. In no circumstance shall a Minor Exception be approved for a main building or accessory structure that reduces setbacks to less than the following: [Source: 18.111.020.J] a. Front Setback: 16 feet (a minimum of 20 feet shall be maintained for any garage facing the street). [Source: 18.111.020.J.1]
b. Side Setback: Three feet. [Source: 18.111.020.J.2]
c. Rear Setback: Five feet. [Source: 18.111.020.J.3]
Item 10.1
City Council Meeting Agenda - Page 1610 of 2120 - Monday, April 21, 2025 Chapter 18.120 Minor Exceptions
24 11. Accessory Structures.
a. Accessory structures on lots with existing and ongoing agricultural/horticultural uses that are two acres or larger may exceed the maximum floor area and/or height standards specified in Section 18.15.060 (Accessory Structure and Use: Residential Zoning districts), provided the accessory structures comply with all other applicable development standards; [Source: 18.111.020.K.1] b. Any other type of decorative landscape structure/feature(s), not identified in Section 18.15.060 (Accessory Structure and Use: Residential Zoning districts) (e.g., trellis, fountain, column) exceeding three feet in height and occupying not more than 10 percent of the required yard area (either individually or cumulatively). [Source: 18.111.020.K.2]

12. Other Minor Exceptions. The Zoning Administrator may approve Minor Exceptions for other development standards established in this Title (excluding any increase in maximum building height and as noted above), provided that all the following requirements are met:
a. The adjustment(s) do not result in more than a 20 percent change in any given development standard; [Source: NEW]
b. All the findings specified in Section 18.120.060 (Findings) are satisfied; and [Source: 18.111.020.M]
c. The Planning Commission is notified of the proposed Minor Exception and provided with an opportunity to call the proposed Minor Exception up for review by the Planning Commission Section 18.165.010 (Right to Appeal, Call for Review, Time Limits). [Source: 18.111.020.M]
B. Required Variance. A request for an exception to development standards that exceed the limitations identified Subsection A requires the approval of a Variance in compliance with Chapter 18.145 (Variance). [Source: 18.111.020.N]
C. Approval of a Minor Exception and/or eligibility for consideration of approval of a Minor Exception does not constitute a basis for future approval of a Minor Exception or Variance. [Source: 18.111.020.N]

18.120.030 Review Authority
A. The Zoning Administrator has the authority to approve, conditionally approve, or deny Minor Exceptions. The Zoning Administrator may, at their discretion, refer a Minor Exception application directly to the Planning Commission for consideration. [Source: 18.120.030.A] B. If more than one Minor Exception is requested for a lot (either concurrently or sequentially over time), the Minor Exception request(s) shall be referred to the Planning Commission for consideration at a public hearing. [Source: 18.120.030.A]

18.120.040 Filing, Processing, and Review
A. Application. An applicant for a Minor Exception shall submit the following:

Item 10.1
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25 1. A complete application and all applicable materials and information as provided by the Planning Division. [ Source: 18.90.030.A]

1. Notice. Within 20 calendar days after the application is deemed complete, the Zoning Administrator shall notify all residents and property owners within 300 feet of the project site, Planning Commission, and City Council that a decision will be made by the Zoning Administrator to approve or deny the Minor Exception application on a date specified in the notice. [Source: 18.120.030.C]

2. Public Hearing.
a. For a Minor Exception application being reviewed by the Zoning Administrator, a public hearing will be held only if requested in writing by any interested person before the specified date for the decision. When a hearing is requested, notice of the hearing shall be provided in compliance with Chapter 18.195 (Notice Requirements). [Source: 18.120.030.C
b. When multiple applications for a Minor Exception are submitted for a single site or a project has multiple discretionary permits or entitlements, the public hearing shall be conducted in compliance with Section 18.XX.XXX (Multiple Discretionary Permits). [Source: NEW]
c. A public hearing may be continued to a definite date and time without additional public notice. [Source: 18.120.030.C]
C. Decision.

1. Within 20 working days following the issuance of a public notice as specified in Paragraph A.1 of this Section, or the public hearing, the Zoning Administrator shall approve, conditionally approve, or deny a Minor Exception application. The Zoning Administrator shall mail notice of the decision, including a description of the appeal process as specified in Chapter 18.175 (Appeals and Calls for Review), to the applicant and any other party requesting notice and shall provide electronic mail (email) notice of the decision to the Planning Commission and City Council within 10 calendar days of the decision. [Source: 18.120.030.D]

2. In the case of Planning Commission review, or City Council on appeal, the date of the decision is the date the Planning Commission or City Council adopts the resolution approving or denying the application(s). [Source: 18.120.030.D] D. Effective Date. A decision under this Chapter takes effect 10 calendar days after notice of the decision is mailed. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.175 (Appeals and Calls for Review) is exhausted. [Source: 18.120.030.E] Item 10.1
City Council Meeting Agenda - Page 1612 of 2120 - Monday, April 21, 2025 Chapter 18.120 Minor Exceptions
26 E. Appeals. A decision of the Zoning Administrator may be appealed to the Planning Commission in accordance with Chapter 18.175 (Appeals and Calls for Review). [Source: 18.120.030.F] F. Call for Review. A decision of the Zoning Administrator may be called for review by any member of the Planning Commission, Architectural Review Commission, and/or City Council in accordance with the provisions of Chapter 18.175 (Appeals and Calls for Review). [Source:

18.120.030.G]

18.120.050 Findings
The Zoning Administrator may approve a Minor Exception if the following findings can be made, based on the application, plans, materials, and any public testimony submitted with the application: [Source:

18.111.040]
A. No practical alternative exists to the proposed exception; [Source: 18.111.040.A] B. The purpose and intent of the zoning district will not be substantially compromised; [Source:

18.111.040.B]
C. There will be no detrimental impact (aesthetically or otherwise) to the site, adjacent properties, or neighborhood; [Source: 18.111.040.C]
D. The project will be in substantial conformance with the citywide design guidelines; [Source:

18.111.040.D]
E. The proposed project will otherwise comply with all applicable standards and requirements of this Title, including any applicable specific plan or planned unit development. [Source:

18.111.040.E]

18.120.060 Conditions of Approval
In approving a Minor Exception, the Zoning Administrator may impose reasonable conditions necessary to: [Source: 18.111.050]
A. Achieve the general purposes of this Chapter or the specific purposes of the zoning district in which the site is located, and/or to ensure that the request is consistent with the General Plan; [Source: 18.111.050.A]
B. Protect the public health, safety, and general welfare of persons residing or working in the vicinity of the proposed development; [Source: 18.111.050.B] C. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area; [Source: 18.111.050.C] D. Ensure substantial conformance with citywide design guidelines. (Ord. 857 § 2, 2011) [Source:

18.111.050.D]

18.120.070 Lapse of Approval – Changes to Plans
A. An approval for a Minor Exception lapses 12 months after its date of approval, or at an alternative time specified as a condition of approval, unless any of the following has occurred:
[Source: 18.111.060]
Item 10.1
City Council Meeting Agenda - Page 1613 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.120 Revised Preliminary Draft – March 2025
27 1. A Construction Permit (e.g., Demolition, Building, Grading, Site) has been issued, construction activities has commenced, and applicable preconstruction tasks have started; or [Source: 18.111.060.A]

2. A certificate of occupancy has been issued; or [Source: 18.111.060.B]

3. The exception is renewed by the review authority which originally approved the Minor Exception. No new notice or public hearing is required for a renewal if the findings required for approval remain valid. [Source: 18.111.060.C] B. A request for a change in the Minor Exception or a condition of approval requires a new application for modification of the condition. If the Zoning Administrator determines that the modification is minor, they may approve that minor modification administratively, which may be appealed to the Planning Commission. If the zoning administrator determines that the modification is major, then the modification shall be referred for consideration to the final decision-making body that approved the original Minor Exception. [Source: 18.111.070]

18.120.080 Resubmittal of Application
Following denial of a Minor Exception:

A. No new application for the same, or substantially the same, Minor Exception shall be accepted within 12 months of the date of denial, unless the denial was made without prejudice. [Source:

18.111.080]
B. The applicant may apply for a Variance under Chapter 18.145. [Source: 18.111.080] Item 10.1
City Council Meeting Agenda - Page 1614 of 2120 - Monday, April 21, 2025 Chapter 18.125 Reasonable Accommodation
28 Chapter 18.125
Reasonable Accommodation
Item 10.1
City Council Meeting Agenda - Page 1615 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.125 Revised Preliminary Draft – March 2025
29 Chapter 18.125 Reasonable Accommodation
Sections

18.125.010 Purpose

18.125.020 Review Authority

18.125.030 Requests

18.125.040 Application Requirements

18.125.050 Filing, Processing, and Review

18.125.060 Findings

18.125.070 Appeal

18.125.010 Purpose
It is the City’s policy to provide individuals with disabilities reasonable accommodation in regulations and procedures to ensure equal access to housing, and to facilitate the development of housing. The purpose of this Chapter is to provide a procedure under which a disabled person may request a reasonable accommodation in the application of the development requirements and standards established in this Title. [Source: 18.112.010]
This Chapter is based on requirements of the Federal and State of California fair housing laws and implements the Housing Element of the General Plan. It is distinct from the requirements for a variance established in Government Code Section 65906 and Chapter 18.145 (Variance). [Source: 18.112.010]

18.125.020 Review Authority
A. Zoning Administrator. The Zoning Administrator has the authority to review and decide upon requests for Reasonable Accommodation, including whether the applicant is a disabled person within the meaning of this Chapter, except as noted in Subsection B. The Zoning Administrator may refer the matter to the Planning Commission or Architectural Review Commission, at their discretion. [Source: 18.112.050.A.1]
B. Planning Commission. The Planning Commission has the authority to review and decide upon requests for Reasonable Accommodation, including whether the applicant is a disabled person within the meaning of this Chapter, when referred by the Zoning Administrator or when a Reasonable Accommodation request includes any of the following:

1. Any encroachment into the front setback area [Source: 18.112.050.A.2

2. Results in a building size increase above what is allowed in the applicable zoning district with respect to height, lot coverage, and/or floor area ratio maximums [Source:

18.112.050.A.2]

3. A reduction in required parking. [Source: 18.112.050.A.2] Item 10.1
City Council Meeting Agenda - Page 1616 of 2120 - Monday, April 21, 2025 Chapter 18.125 Reasonable Accommodation
30 C. Architectural Review Commission. The Architectural Review Commission has the authority to review and decide upon requests for reasonable accommodation, including whether the applicant is a disabled person within the meaning of this Chapter, when referred by the Zoning Administrator. [Source: 18.112.050.A.3]

18.125.030 Requests
A. Request. 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. Such a request may include a modification or exception to the requirements for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers. A Reasonable Accommodation cannot waive a requirement for a Use Permit when otherwise required or result in approval of uses otherwise prohibited by the City’s General Plan Land Use Element and Zoning Ordinance. [Source: 18.112.030.A]
B. Availability of Information. Information regarding this reasonable accommodation procedure shall be prominently displayed at the Planning Division’s public information counter, advising the public of the availability of the procedure for eligible applicants, and be made available in any other manner as determined by the Zoning Administrator. [Source: 18.112.030.B] C. Assistance. If an applicant needs assistance in making the request, the Planning Division shall provide the assistance necessary to ensure that the process is available to the applicant. [Source: 18.112.030.C]
D. Balancing Rights and Requirements. In the City’s requests for information, consideration of an application, preparation of written findings, and maintenance of records of Reasonable Accommodation requests, it will attempt to balance:

1. The privacy rights and reasonable request for confidentiality by an applicant, with [Source: 18.112.030.D]

2. Requirements for notice and public hearing, factual findings, and rights to appeal established in this Title. [Source: 18.112.030.D]

18.125.040 Application Requirements
A. Application. The applicant shall submit a request for Reasonable Accommodation on a form provided by the Planning Division. The application shall include the following information:
[Source: 18.112.040.A]

1. The applicant’s name, address, and telephone number; [Source: 18.112.040.A.1]

2. Address of the property for which the request is being made; [Source: 18.112.040.A.2]

3. The name and address of the property owner, and the owner’s written consent to the application; [Source: 18.112.040.A.3]

4. The current actual use of the property; [Source: 18.112.040.A.4]

5. The basis for the claim that the individual is considered disabled under the fair housing laws.[Source: 18.112.040.A.5]
Item 10.1
City Council Meeting Agenda - Page 1617 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.125 Revised Preliminary Draft – March 2025
31 6. The type of accommodation being requested and the rule, policy, practice, and/or procedure of the Zoning Ordinance to be modified or waived. [Source: 18.112.040.A.6 and 18.112.040.A.7]

7. A description for why the accommodation is reasonable and necessary for the needs of the individual(s) with the disability to use and enjoy the housing unit. Where appropriate, include a summary of any potential means and alternatives considered in evaluating the need for the accommodation; [Source: 18.112.040.A.8]

8. Copies of memoranda, correspondence, pictures, plans, or background information reasonably necessary to reach a decision regarding the need for the accommodation; and [Source: 18.112.040.A.9]

9. Other supportive information deemed necessary by the Planning Division to facilitate proper consideration of the request, consistent with fair housing laws. [Source:

18.112.040.A.10]
B. Review with Other Land Use Applications. If the project for which the Reasonable Accommodation is being requested also requires some other discretionary approval (e.g., Use Permit, Architectural Review Permit, General Plan Amendment, Zoning Amendment, Subdivision Map), then the applicant shall submit the Reasonable Accommodation application first for a determination by the Zoning Administrator, before proceeding with the other applications. [Source: 18.112.040.B]
C. Fee. The fee for an application for Reasonable Accommodation shall be established by resolution of the City Council. [Source: 18.112.040.C]

18.125.050 Filing, Processing, and Review
A. Notice and Public Hearing. No advance notice or public hearing is required for consideration of Reasonable Accommodation requests by the Zoning Administrator. Requests for Reasonable Accommodation subject to review by the Planning Commission or Architectural Review Commission shall require advance notice and a public hearing in compliance with Chapter 18.195 (Notice Requirements). [Source: 18.112.050.B] B. Decision.

1. Within 30 working days following the submittal of a complete application, the Zoning Administrator shall approve, conditionally approve, or deny a Reasonable Accommodation application, or refer the matter to the Planning Commission or Architectural Review Commission. The Zoning Administrator shall mail notice of the decision to the applicant and all residents and property owners within 300 feet of the project site. [Source: 18.112.050.C]

2. If the application for Reasonable Accommodation involves another discretionary decision, the review authority for that decision shall accept as final the determination regarding Reasonable Accommodation by the Zoning Administrator, unless the Reasonable Accommodation request has been referred to the Planning Commission or Architectural Review Commission for consideration. [Source: 18.112.050.C] Item 10.1
City Council Meeting Agenda - Page 1618 of 2120 - Monday, April 21, 2025 Chapter 18.125 Reasonable Accommodation
32 3. If the application for Reasonable Accommodation is referred to, or reviewed by, the Planning Commission or Architectural Review Commission, a decision to approve, conditionally approve, or deny the application shall be rendered within 20 working days after the close of the public hearing. [Source: 18.112.050.C]

18.125.060 Findings
A. Findings. The review authority shall approve or conditionally approve an application for Reasonable Accommodation if it can make the following findings: [Source: 18.112.060.A]

1. The housing will be used by a qualified person; [Source: 18.112.060.A.1]

2. The requested accommodation is necessary to make specific housing available to a qualified person; [Source: 18.112.060.A.2]

3. The requested accommodation would not impose an undue financial or administrative burden on the City; and [Source: 18.112.060.A.3]

4. The requested accommodation would not require a fundamental alteration in the nature of a City program or law, including land use and zoning. [Source:

18.112.060.A.4]
B. Other Requirements. [Source: 18.112.060.B]

1. An approved request for Reasonable Accommodation is subject to the applicant’s compliance with all other applicable zoning regulations of this Title. [Source:

18.112.060.B.1]

2. A modification approved under this Chapter is considered a personal accommodation for the individual applicant and does not run with the land. [Source: 18.112.060.B.2

3. Where appropriate, the reviewing authority may apply any or all of the following conditions to approval: [Source: 18.112.060.B.3]
a. Inspection of the property to verify compliance with this Chapter and any conditions of approval. The frequency of inspection shall be specified in the condition of approval. [Source: 18.112.060.B.3.a]
b. Removal of the improvements if or when the need for which the accommodation was granted no longer exists, if removal would not constitute an unreasonable financial burden. [Source: 18.112.060.B.3.b] c. Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists. [Source: 18.112.060.B.3.c] d. Recordation of a deed restriction requiring removal of the accommodating feature once the need for it no longer exists. [Source: 18.112.060.B.3.d] e. Other reasonable accommodations that may provide an equivalent level of benefit and/or that will not result in an encroachment into required setbacks, exceedance of maximum height, lot coverage, or floor area ratio requirements specified for the Zone District. [Source: 18.112.060.B.3.g] Item 10.1
City Council Meeting Agenda - Page 1619 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.125 Revised Preliminary Draft – March 2025
33 f. Other conditions necessary to protect the public health, safety, and welfare of surrounding residents, workers, and visitors. [Source: 18.112.060.B.3.h]

18.125.070 Appeal
A decision by the Zoning Administrator may be appealed to the Planning Commission and/or Architectural Review Commission and a decision of the Planning Commission and/or Architectural Review Commission may be appealed to the City Council in accordance with the appeal procedures in Chapter 18.175 (Appeals and Calls for Review). [Source: 18.112.070] Item 10.1
City Council Meeting Agenda - Page 1620 of 2120 - Monday, April 21, 2025 Chapter 18.130 Sign Permit
34 Chapter 18.130
Sign Permit
Item 10.1
City Council Meeting Agenda - Page 1621 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.130 Revised Preliminary Draft – March 2025
35 Chapter 18.130 Sign Permit
Sections

18.130.010 Purpose and Applicability

18.130.020 Review Authority

18.130.030 Filing, Processing, and Review

18.130.040 Findings

18.130.050 Conditions of Approval

18.130.060 Lapse of Approval – Changes to Plans

18.130.070 Revocation

18.130.010 Purpose and Applicability
No sign shall be erected or displayed without a Sign Permit, unless the sign is exempt under Section

18.80.040 (Exempt Signs). [Source: 18.105.010]

18.130.020 Review Authority
A. The Zoning Administrator has the authority to approve, conditionally approve, or deny a Sign Permit. The Zoning Administrator may refer a Sign Permit directly to the Architectural Review Commission. [Source: 18.105.020]
B. In addition to Subsection A, the Architectural Review Commission has the authority to approve, conditionally approve, or deny a Sign Permit for a theater or marquee sign under Section

18.80.070 (Specific Sign Standards). [Source: 18.105.020]

18.130.030 Filing, Processing, and Review
A. Application. An applicant for a Sign Permit shall submit the following: [Source: 18.105.030.A]

1. A complete application and all applicable materials and information as provided by the Planning Division. [Source: 18.105.030.A]

1. No notice or public hearing is required, unless referred to the Architectural Review Commission or appealed to the Planning Commission and/or City Council, in which case a public hearing shall be held and noticed in compliance with Chapter 18.195 (Notice Requirements). [Source: 18.105.030.A]
Item 10.1
City Council Meeting Agenda - Page 1622 of 2120 - Monday, April 21, 2025 Chapter 18.130 Sign Permit
36 2. Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.XX.XXX (Multiple Discretionary Permits). [Source: NEW]
C. Decision.

1. Within 10 working days following the submittal of a complete application, the Zoning Administrator shall approve, conditionally approve, or deny a Sign Permit application. [Source: 18.105.030.B]

2. If the Zoning Administrator refers an application for a Sign Permit to the Architectural Review Commission, the Architectural Review Commission shall approve, conditionally approve, or deny an application within 20 working days following the close of the public hearing. [Source: 18.105.030.B]

3. The Zoning Administrator shall mail notice of the decision to the applicant within 10 calendar days of the decision. In the case of an appeal, the date of decision is the date of the adoption of a resolution of decision. [Source: 18.105.030.B] D. Effective Date. A Sign Permit approval is effective on the date of approval. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.175 (Appeals and Calls for Review) has been exhausted.

E. Appeal. Any interested person may appeal a decision of the Zoning Administrator to the Architectural Review Commission and a decision of the Architectural Review Commission to the City Council, in accordance with Chapter 18.175 (Appeals and Calls for Review). [Source:

18.105.030.C]
F. Projects with Multiple Discretionary Applications. Notwithstanding Subsections B and C, for projects requiring a discretionary permit approval from the Planning Commission and/or City Council in conjunction with approval of a Sign Permit, the Planning Commission and/or City Council shall be the final decision-maker for the Sign Permit and any action of the Zoning Administrator and/or Architectural Review Commission shall be considered advisory to the Planning Commission and/or City Council. [Source: 18.105.030.D]

18.130.040 Findings
The review authority shall consider the following elements in evaluating a Sign Permit application:
[Source: 18.105.040.A]
A. Visibility and legibility, including: [Source: 18.105.040.A.1]

1. Letter height and legibility [Source: 18.105.040.A.1]

2. Contrast-background relationship [Source: 18.105.040.A.1]

3. Placement and location [Source: 18.105.040.A.1]

4. Impact of other signs in the vicinity [Source: 18.105.040.A.1]

5. Average travel speed on adjacent streets. [Source: 18.105.040.A.1] B. Intensity of illumination of both the proposed sign and other signs in the vicinity, and other light sources such as streetlights or canopy lights. [Source: 18.105.040.A.2] Item 10.1
City Council Meeting Agenda - Page 1623 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.130 Revised Preliminary Draft – March 2025
37 C. The relation to the architectural design of the building. An attractive scale between the sign, the building, and the immediate surroundings shall be maintained. Signs that cover a window, spills over natural boundaries or architectural features, or obstructs parts of an upper floor of a building are not allowed. [Source: 18.105.040.A.3]
D. The graphic design, including emphasis on simplicity, style, trademarks or business identification, and use of symbols. [Source: 18.105.040.A.4] E. The sign proposal conforms to the citywide sign design guidelines and/or other applicable adopted design guidelines. [Source: 18.105.040.A.5]

18.130.050 Conditions of Approval
In approving a Sign Permit, the review authority may impose reasonable conditions necessary to:
[Source: 18.105.050]
A. Achieve consistency with the purposes of this Chapter, or the zoning district in which the site is located, and the General Plan; [Source: 18.105.050.A] B. Protect the public health, safety, and general welfare; or [Source: 18.105.050.B] C. Ensure the sign is compatible with existing and potential uses on-site and adjoining properties or in the surrounding area. [Source: 18.105.050.C]

18.130.060 Lapse of Approval – Changes to Plans
A. Lapse of Approval. A Sign Permit lapses 12 months after its date of approval, or at an alternative time specified as a condition of approval. [Source: 18.105.060.A] B. Changes to Plans or Conditions of Approval. A request for a change in a condition of approval, or a change in the Sign Permit which affects a condition of approval, requires an application for modification of the condition. [Source: 18.105.060.A]

18.105.060.A]

18.130.070 Revocation
A. A Sign Permit may be revoked in compliance with Section 18.135.040 (Revocation or Modification of Discretionary Permits) if found in violation of this Chapter or a condition of approval [Source: 18.105.060.D]
B. Resubmittal of Application. Following denial of a Sign Permit, no new application for the same, or substantially the same, permit or program shall be accepted within 12 months of the date of denial, unless the denial was made without prejudice. [Source: 18.105.070] Item 10.1
City Council Meeting Agenda - Page 1624 of 2120 - Monday, April 21, 2025 Chapter 18.135 Temporary Sign Permit
38 Chapter 18.135
Temporary Sign Permit
Item 10.1
City Council Meeting Agenda - Page 1625 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.135 Revised Preliminary Draft – March 2025
39 Chapter 18.135 Temporary Sign Permit
Sections

18.135.010 Purpose and Applicability

18.135.020 Review Authority

18.135.030 Filing, Processing, and Review

18.135.040 Findings

18.135.050 Conditions of Approval

18.135.060 Lapse of Approval – Changes to Plans

18.135.070 Revocation

18.135.080 Resubmittal of Application

18.135.020 Review Authority
The Zoning Administrator has the authority to approve, conditionally approve, or deny a Temporary Sign Permit application, whether a Master Sign Program exists or not. The Zoning Administrator may refer a Temporary Sign Permit directly to the Architectural Review Commission. [Source: 18.105.020]

18.135.030 Filing, Processing, and Review
A. Application. An applicant for a Temporary Sign Permit shall submit the following: [Source:

18.115.030.A]

1. A complete application and all applicable materials and information as provided by the Planning Division. [Source: NEW]

2. The Zoning Administrator, at their discretion, may add or waive the submission of application materials or information to determine compliance with the standards of this Chapter. [Source: NEW]
B. Noticing and Public Hearing. No notice or public hearing is required, unless the decision is appealed to the Architectural Review Commission. [Source: 18.105.030.A] C. Decision. Within 10 working days following the submittal of a complete application, the Zoning Administrator shall approve, conditionally approve, or deny a Temporary Sign Permit application. The Zoning Administrator shall mail notice of the decision to the applicant within Item 10.1
City Council Meeting Agenda - Page 1626 of 2120 - Monday, April 21, 2025 Chapter 18.135 Temporary Sign Permit
40 10 calendar days of the decision. In the case of an appeal, the date of decision is the date of the adoption of a resolution of decision. [Source: 18.105.030.B] D. Effective Date . A Temporary Sign Permit is effective on the date of approval. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.175 (Appeals and Calls for Review) is exhausted.

E. Appeal. Any interested person may appeal a decision of the Zoning Administrator to the Architectural Review Commission in accordance with Chapter 18.175 (Appeals and Calls for Review). [Source: 18.105.030.C]
F. Projects with Multiple Discretionary Applications. Notwithstanding Subsections B and C, for projects requiring a discretionary permit approval from the Planning Commission and/or City Council in conjunction with approval of a Temporary Sign Permit, the Planning Commission and/or City Council shall be the final decision-maker for the Temporary Sign Permit and any action of the Zoning Administrator shall be considered advisory to the Planning Commission and/or City Council. [Source: 18.105.030.D]

18.135.040 Findings
A. The review authority may approve an application for a Temporary Sign Permit if it finds all of the following to be true: [Source: 18.105.040.C] The proposed temporary sign will be located, operated, and maintained in a manner consistent with the General Plan and this Chapter; [Source: 18.105.040.C.1]
B. Approval of the Temporary Sign Permit will not be detrimental to adjacent properties, property in the surrounding area, or the public health, safety, or general welfare; and [Source:

18.105.040.C.2]
C. The proposed temporary sign conforms to the citywide sign design guidelines and other applicable adopted design guidelines. [Source: 18.105.040.C.3] D. Ensure the temporary sign is incompliance with the sign display duration standards established in Section 18.80.090 (Temporary Freestanding Sign Standards) and Section 18.80.100 (Standards for Other Types of Temporary Signs) in Part 3 of this Title. [Source: NEW]

18.135.050 Conditions of Approval
In approving a Temporary Sign Permit, the review authority may impose reasonable conditions necessary to: [Source: 18.105.050]
A. Achieve consistency with the purposes of this Chapter, or the zoning district in which the site is located, and the General Plan; [Source: 18.105.050.A] B. Protect the public health, safety, and general welfare; or [Source: 18.105.050.B] C. Ensure temporary sign is displayed in a manner compatible with existing and potential uses on-site and on adjoining properties or in the surrounding area. [Source: 18.105.050.C] Item 10.1
City Council Meeting Agenda - Page 1627 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.135 Revised Preliminary Draft – March 2025
41 18.135.060 Lapse of Approval – Changes to Plans
A. Lapse of Approval. A Temporary Sign Permit is valid for the duration of the period specified in the permit application. A Temporary Sign Permit lapses if not used within the dates approved. [Source: 18.105.060.C]
A. Changes to Plans or Conditions of Approval. A request for a change in a condition of approval, or a change in the Temporary Sign Permit which affects a condition of approval, requires an application for modification of the condition. [Source: 18.105.060.A]

18.135.070 Revocation
A Temporary Sign Permit may be revoked in accordance with Section 18.135.040 (Revocation or Modification of Discretionary Permits) if found in violation of this Chapter or a condition of approval [Source: 18.105.060.D]

18.135.080 Resubmittal of Application
Following denial of a Temporary Sign Permit, no new application for the same, or substantially the same, permit or program shall be accepted within 12 months of the date of denial, unless the denial was made without prejudice. [Source: 18.105.070]
Item 10.1
City Council Meeting Agenda - Page 1628 of 2120 - Monday, April 21, 2025 Chapter 18.140 Master Sign Program
42 Chapter 18.140
Master Sign Program
Item 10.1
City Council Meeting Agenda - Page 1629 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.140 Revised Preliminary Draft – March 2025
43 Chapter 18.140 Master Sign Program
Sections

18.140.010 Purpose and Applicability

18.140.020 Review Authority

18.140.030 Filing, Processing, and Review

18.140.040 Findings

18.140.050 Conditions of Approval

18.140.060 Lapse of Approval – Changes to Plans

18.140.070 Revocation

18.140.080 Resubmittal of Application

18.140.010 Purpose and Applicability
A Master Sign Program is required for a site with four or more nonresidential tenants. [Source:

18.105.010]

18.140.020 Review Authority
The Architectural Review Commission has the authority to: [Source: 18.105.020] A. Approve, conditionally approve, or deny a Master Sign Program and amendments to a Master Sign Program. [Source: 18.105.020]
B. Prepare sign design criteria under Chapter 18.80 (Signs). [Source: 18.105.020]

18.140.030 Filing, Processing, and Review
A. Application. The applicant shall submit a complete application for a Master Sign Program to the Zoning Administrator. [Source: 18.105.030.A]

1. The application for a Master Sign Program shall include all the following: [Source:

18.105.030.A]

2. Plans drawn to scale, delineating the site proposed to be included within the Master Sign Program and the general location of all signs; [Source: 18.105.030.A.1]

3. Drawings and/or sketches indicating the exterior surface details of all buildings on the site on which wall signs, directory signs, ground signs, or projecting signs are proposed; [Source: 18.105.030.A.2]
a. A statement of the reasons for any requested modification to the regulations or standards of Chapter 18.80 (Signs); and [Source: 18.105.030.A.3] Item 10.1
City Council Meeting Agenda - Page 1630 of 2120 - Monday, April 21, 2025 Chapter 18.140 Master Sign Program
44 b. A written program specifying sign standards, including color, size, construction details, placement, and necessity for City review, for distribution to future tenants. [Source: 18.105.030.A.4]

18.90.030.B]
b. The public hearing shall be scheduled within 20 calendar days of the application being deemed complete and held within 60 calendar days of the application being deemed complete. [Source: 18.90.030.B] B. Decision. Within 20 working days following the public hearing, the Architectural Review Commission shall approve, conditionally approve, or deny a Master Sign Program application.

The Zoning Administrator shall mail notice of the decision to the applicant within 10 calendar days of the decision. In the case of an appeal, the date of decision is the date of the adoption of a resolution of decision. [Source: 18.105.030.B]
C. Effective Date. A Master Sign Program approval is effective on the date of approval. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.175 (Appeals and Calls for Review) is exhausted.

D. Appeal. Any interested person may appeal a decision of the Architectural Review Commission to the City Council, in accordance with Chapter 18.175 (Appeals and Calls for Review). [Source: 18.105.030.C]
E. Projects with Multiple Discretionary Applications. Notwithstanding Subsections B and C, for projects requiring a discretionary permit approval from the Planning Commission and/or City Council in conjunction with approval of a Sign Permit and/or Master Sign Program, the Planning Commission and/or City Council shall be the final decision-maker for the Sign Permit and/or Master Sign Program and any action of the Zoning Administrator and/or Architectural Review Commission shall be considered advisory to the Planning Commission and/or City Council. [Source: 18.105.030.D]

18.140.040 Findings
The review authority may approve an application for a Master Sign Program if it finds all of the following to be true: [Source: 18.105.040.B]
A. The Master Sign Program’s contribution to the design quality of the site and surrounding area will be superior to the quality that would result under the regulations and standards of Section

18.60.050 (Specific Sign Standards); [Source: 18.105.040.B.1] B. The proposed signs are compatible with the style or character of existing improvements on the site and are well-related to each other; and [Source: 18.105.040.B.2] Item 10.1
City Council Meeting Agenda - Page 1631 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.140 Revised Preliminary Draft – March 2025
45 C. Future tenants will not be denied adequate opportunities for identification if transfers of sign area from one building frontage to another are proposed by the Master Sign Program. [Source:

18.105.040.B.3]
D. The Master Sign Program conforms to the citywide sign design guidelines and other applicable adopted design guidelines. [Source: 18.105.040.B.4]

18.140.050 Conditions of Approval
In approving a Master Sign Program, the review authority may impose reasonable conditions necessary to: [Source: 18.105.050]
A. Achieve consistency with the purposes of this Chapter, or the zoning district in which the site is located, and the General Plan; [Source: 18.105.050.A] B. Protect the public health, safety, and general welfare; or [Source: 18.105.050.B] C. Ensure the implementation of a master sign program is compatible with existing and potential uses on adjoining properties or in the surrounding area. [Source: 18.105.050.C]

18.140.060 Lapse of Approval – Changes to Plans
A. Lapse of Approval. The approval of a Master Sign Program does not lapse and remains in effect to regulate future signs on the lots included in the Master Sign Program. [Source:

18.105.060.B]
B. Changes to Master Sign Program. Changes to Plans or Conditions of Approval. A request for a change in a condition of approval, or a change in the Temporary Sign Permit which affects a condition of approval, requires an application for modification of the condition. [Source:

18.105.060.A]

2. If the Zoning Administrator determines that the modification is major, then the modification shall be referred to the final decision-making body that approved the original Temporary Sign Permit. [Source: 18.105.060.A]
C. Deviation for Single Tenant. A request for a deviation for a single tenant from the site Master Sign Program shall be processed in the same manner as a Sign Permit, with review by the Architectural Review Commission in compliance with Chapter 18.130 (Sign Permits). [Source:

NEW]

18.140.070 Revocation
A Master Sign Program may be revoked in accordance with Section 18.135.040 (Revocation or Modification of Discretionary Permits) if found in violation of this Chapter or a condition of approval [Source: 18.105.060.D]
Item 10.1
City Council Meeting Agenda - Page 1632 of 2120 - Monday, April 21, 2025 Chapter 18.140 Master Sign Program
46 18.140.080 Resubmittal of Application
Following denial of a Master Sign Program, no new application for the same, or substantially the same, permit or program shall be accepted within 12 months of the date of denial, unless the denial was made without prejudice. [Source: 18.105.070]
Item 10.1
City Council Meeting Agenda - Page 1633 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.135 Revised Preliminary Draft – March 2025
47 Chapter 18.135
Use Permit
Item 10.1
City Council Meeting Agenda - Page 1634 of 2120 - Monday, April 21, 2025 Chapter 18.135 Use Permit
48 Chapter 18.145 Use Permit
Sections

18.145.010 Purpose and Applicability

18.145.020 Review Authority

18.145.030 Filing, Processing, and Review

18.145.040 Findings

18.145.050 Conditions of Approval

18.145.060 Lapse of Approval – Changes to Plans

18.145.070 Revocation

18.145.080 Resubmittal of Application

1. Use Permit. A Use Permit is required for certain uses to be located within a zoning district. Generally, a Use Permit is required because the use classification has unusual site development features or operating characteristics which require special consideration to determine compatibility with the surrounding area. [Source: 18.95.010]

3. Temporary Use Permit. An application for a Temporary Use Permit is governed by Chapter 18.150 (Use Permit, Temporary). [Source: 18.95.010]

18.145.020 Review Authority
A. Use Permit. The Planning Commission has the authority to approve, conditionally approve, or deny Use Permits applications. [Source: 18.95.020]
B. Minor Use Permit. The Zoning Administrator has the authority to approve, conditionally approve, or deny an application for a Minor Use Permit application. The Zoning Administrator, in their discretion, may refer a Minor Use Permit application directly to the Planning Commission for review, in which case the application shall comply with the processing procedures for a Use Permit as established in this Chapter. [Source: 18.95.020] Item 10.1
City Council Meeting Agenda - Page 1635 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.135 Revised Preliminary Draft – March 2025
49 18.145.030 Filing, Processing, and Review
A. Application. An applicant for a Use Permit or Minor Use Permit shall submit the following:
[Source: 18.95.030.A]

1. A complete application for a Use Permit and all applicable materials and information as provided by the Planning Division. [Source: 18.95.030.A]

1. Use Permit. The Planning Commission, or the Zoning Administrator for a Minor Use Permit, shall hold a public hearing on an application for a Use Permit. The public hearing shall be scheduled within 20 calendar days and held within 60 calendar days of the application being deemed complete. When applications for multiple entitlements requiring Planning Commission review on a single lot are filed at the same time, a combined public hearing may be scheduled for all entitlement applications submitted.

Notice of the public hearing shall be given in accordance with Chapter 18.195 (Notice Requirements). A public hearing may be continued to a definite date and time without additional public notice. [Source: 18.95.030.B]

1. Use Permit. Within 20 working days following the public hearing, the Planning Commission shall approve, conditionally approve, or deny a Use Permit application. [Source: 18.95.030.C]

2. Minor Use Permit. Within 20 working days following the public hearing, the Zoning Administrator shall approve, conditionally approve, or deny a Minor Use Permit application. [Source: 18.95.030.C]

3. Notice of Decision. The Zoning Administrator shall mail notice of the decision to the applicant and any other party requesting notice within 10 calendar days of the decision.

In the case of an appeal to the Planning Commission or City Council, the date of the decision is the date the Planning Commission or City Council adopts the resolution. [Source: 18.95.030.C]
Item 10.1
City Council Meeting Agenda - Page 1636 of 2120 - Monday, April 21, 2025 Chapter 18.135 Use Permit
50 D. Effective Date. A decision under this Chapter takes effect 10 calendar days after notice of the decision is mailed. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.175 (Appeals and Calls for Review) is exhausted. [Source: 18.95.030.D] E. Appeal. A decision of the Zoning Administrator may be appealed to the Planning Commission, and a decision of the Planning Commission may be appealed to the City Council, in compliance with Chapter 18.165 (Appeals and Call for Review). [Source: 18.95.030.E]

18.145.040 Findings
The review authority may approve an application for a Use Permit or Minor Use Permit, if it finds all of the following to be true: [Source: 18.95.040]
A. The proposed use will not be detrimental to the health, safety, and general welfare of persons residing or working in the neighborhood of the proposed use; [Source: 18.95.040.A] B. The proposed use will not be injurious or detrimental to adjacent properties or to property in the neighborhood or to the general welfare of the city; and [Source: 18.95.040.B] C. The proposed use is consistent with the policies and goals established by the General Plan. [Source: 18.95.040.C]
D. If the Use Permit is for a residential use in a residential zoning district in compliance with PHMC § 18.20.075, the following additional findings are required: [Source: 18.95.040.D]

1. The proposed use is consistent with the purposes of the residential zoning districts, as specified in Section 18.15.010 (Purpose and Intent of Residential Zoning districts). [Source: 18.95.040.D.1]

2. The proposed use complies with the development and operational standards of PHMC § 18.20.075. [Source: 18.95.040.D.2]

3. The property and existing structures are physically suited to accommodate the use. [Source: 18.95.040.D.3]

4. The proposed use will be compatible with the character of the surrounding neighborhood and the use will not contribute to changing the residential character of the neighborhood. In evaluating this factor, the review authority shall, at a minimum, consider factors such as: [Source: 18.95.040.D.4]
a. The relative size of the facility; [Source: 18.95.040.D.4] b. The proximity of the use to schools, parks, and other residential care facilities; [Source: 18.95.040.D.4]
c. Proximity to outlets for alcoholic beverages; and [Source: 18.95.040.D.4] d. The existence of substandard physical characteristics in the area (i.e., lot widths, setbacks, street width, limited available parking, short blocks). [Source:

18.95.040.D.4]

18.145.050 Conditions of Approval
In approving a Use Permit or Minor Use Permit, the review authority may impose reasonable conditions necessary to: [Source: 18.95.050]
Item 10.1
City Council Meeting Agenda - Page 1637 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.135 Revised Preliminary Draft – March 2025
51 A. Achieve the general purposes of this Chapter or the specific purposes of the zone district in which the site is located, or to make it consistent with the General Plan; [Source: 18.95.050.A] B. Protect the public health, safety, and general welfare; or [Source: 18.95.050.B] C. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area. [Source: 18.95.050.C]

18.145.060 Lapse of Approval – Changes to Plans
A. Lapse of Approval.

1. A Use Permit or Minor Use Permit lapses 12 months after its date of approval, or at an alternative time specified as a condition of approval, unless one of the following has occurred: [Source: 18.95.060.A]
a. A Construction Permit (e.g., Demolition, Building, Grading, Site) has been issued, construction activities has commenced, and applicable preconstruction tasks have started; or [Source: 18.95.060.A.1]
b. A Certificate of Occupancy has been issued; or [Source: 18.95.060.A.2] c. The use is established; or [Source: 18.95.060.A.3]
d. The Use Permit or Minor Use Permit is renewed by the review authority which originally approved it. No new notice or public hearing is required for a renewal if the findings required for approval remain valid. [Source: 18.95.060.A.4]

2. A Use Permit, or Minor Use Permit, automatically lapses if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more. A lapsed Use Permit or Minor Use Permit for a residential use is not a binding precedent for future applications. [Source: 18.95.060.A] B. Changes to Plans or Conditions of Approval. A request for a change in a condition of approval, or a change in the Use Permit or Minor Use Permit which affects a condition of approval, requires a new application for modification of the condition. [Source: 18.95.060.B]

18.95.060.B]

18.145.070 Revocation
A Use Permit or Minor Use Permit exercised in violation of this Chapter or a condition of approval may be revoked in accordance with Section 18.175.040 (Revocation or Modification of Discretionary Permits). [Source: 18.95.060.C]
Item 10.1
City Council Meeting Agenda - Page 1638 of 2120 - Monday, April 21, 2025 Chapter 18.135 Use Permit
52 18.145.080 Resubmittal of Application
Following denial of a Use Permit or Minor Use Permit application, no new application for the same, or substantially the same, Use Permit or Minor Use Permit shall be accepted within 12 months of the date of denial, unless the denial was made without prejudice. [Source: 18.95.070] Item 10.1
City Council Meeting Agenda - Page 1639 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.150 Revised Preliminary Draft – March 2025
53 Chapter 18.150
Use Permit, Temporary
Item 10.1
City Council Meeting Agenda - Page 1640 of 2120 - Monday, April 21, 2025 Chapter 18.150 Use Permit, Temporary
54 Chapter 18.150 Use Permit, Temporary
Sections

18.150.010 Purpose and Applicability

18.150.020 Review Authority

18.150.030 Filing, Processing, and Review

18.150.040 Findings

18.150.050 Conditions of Approval

18.150.060 Lapse of Approval

18.150.010 Purpose and Applicability
A. Purpose. This Chapter establishes procedures for allowing ministerial approval of Temporary Use Permits for short-term activities or uses. [Source: NEW] B. Applicability. A Temporary Use Permit is required to authorize certain temporary use classifications, as defined in Section 18.190.080 (Temporary Land Use Classifications). A Temporary Use Permit may not be issued more than:

1. Six times during any calendar year and for up to 14 days for each occurrence. [Source:

18.100.010]

2. Each site shall not have temporary use permits that exceed more than 84 total days during any calendar year.

C. A Temporary Use Permit is not required for a special event held on both private and public property if the sponsor or property owner obtains a Special Event Permit under Chapter 6.20 (Special Event Permit) in Title 6 of the Pleasant Hill Municipal Code. [Source: 18.100.010]

18.150.020 Review Authority
The Zoning Administrator has the authority to approve, conditionally approve, or deny a Temporary Use Permit application. The Zoning Administrator may, in their discretion, refer a Temporary Use Permit application directly to the Planning Commission. [Source: 18.100.020]

18.150.030 Filing, Processing, and Review
A. Application. The applicant shall submit an complete application for a Temporary Use Permit to the Zoning Administrator. The Zoning Administrator may request additional plans and materials within five working days of receiving a complete application if deemed necessary to assess the potential impacts of the proposed temporary use. [Source: 18.100.030.A] B. Notice and Public Hearing. No notice or public hearing is required for a Temporary Use Permit unless referred or appealed to the Planning Commission. [Source: 18.100.030.A] C. Decision. Within five working days following the submission of a complete application, the Zoning Administrator shall approve, conditionally approve, or deny a Temporary Use Permit Item 10.1
City Council Meeting Agenda - Page 1641 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.150 Revised Preliminary Draft – March 2025
55 application. The Zoning Administrator shall promptly notify the applicant. [Source:

18.100.030.B]
D. Effective Date. A Temporary Use Permit is effective on the date of approval. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.175 (Appeals and Calls for Review) is exhausted. [Source: 18.100.030.C]
E. Appeal. Any interested person may appeal a decision of a Temporary Use Permit application to the Planning Commission, in compliance with Chapter 18.165 (Appeals and Call for Review). [Source: 18.100.030.C]

18.150.040 Findings
The Zoning Administrator shall approve an application for a Temporary Use Permit if they find all the following to be true : [Source: 18.100.040]
A. The proposed temporary use will be located, operated, and maintained in a manner consistent with the General Plan and this Chapter; and [Source: 18.100.040.A] B. Approval of the application will not be detrimental to adjacent properties or to property in the surrounding area or to the public health, safety, or general welfare. [Source: 18.100.040.B]

18.150.050 Conditions of Approval
In approving a Temporary Use Permit, the Zoning Administrator may impose reasonable conditions necessary to: [Source: 18.100.050]
A. Ensure consistency with the general purposes of this Chapter, the specific purposes of the zoning district in which the site is located, and the General Plan; [Source: 18.100.050.A] B. Protect the public health, safety, and general welfare. This may include, but is not limited to, conditions regarding traffic, parking, noise, waste, and litter; and [Source: 18.100.050.B] C. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area. ( [Source: 18.100.050.C]

18.150.060 Lapse of Approval
A. A Temporary Use Permit lapses if not used within the timeframe in which the permit was approved. [Source: 18.100.030.]Revocation
B. The Zoning Administrator may revoke a Temporary Use Permit for a violation of the terms of the permit. The revocation is effective immediately upon verbal or written notice to the permit holder. The Zoning Administrator shall confirm any verbal notice in writing within two working days. [Source: 18.100.030.C]
Item 10.1
City Council Meeting Agenda - Page 1642 of 2120 - Monday, April 21, 2025 Chapter 18.155 Variance
56 Chapter 18.155
Variance
Item 10.1
City Council Meeting Agenda - Page 1643 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.155 Revised Preliminary Draft – March 2025
57 Chapter 18.155 Variance
Sections

18.155.010 Purpose and Applicability

18.155.020 Review Authority

18.155.030 Filing, Processing, and Review

18.155.040 Findings

18.155.050 Conditions of Approval

18.155.060 Lape of Approval – Changes to Plans

18.155.070 Resubmittal of Application

1. Variance. A Variance is required when a property owner seeks relief from zoning requirements because of special physical conditions applicable to the property. [Source: 18.110.010]

2. Minor Variance. A Minor Variance is a variance in connection with property in a singlefamily zoning district. [Source: 18.110.010]

3. A Variance may not be granted regarding use classifications or density. [Source:

18.110.010]

4. A request for a Reasonable Accommodation in the application of zoning regulations for a disabled person is not considered a Variance or Minor Variance. See Chapter

18.125 (Reasonable Accommodation) for permitting requirements for Reasonable Accommodation requests. [Source: 18.110.010]

18.155.020 Review Authority
A. Variance. The Planning Commission has the authority to approve, conditionally approve, or deny Variances.

B. Minor Variance. The Zoning Administrator has the authority to approve, conditionally approve, or deny a Minor Variance. The Zoning Administrator may, in their discretion, refer a Minor Variance application directly to the Planning Commission for review. [Source: 18.110.020] Item 10.1
City Council Meeting Agenda - Page 1644 of 2120 - Monday, April 21, 2025 Chapter 18.155 Variance
58 18.155.030 Filing, Processing, and Review
A. Application. The applicant shall submit a complete application for a Variance or Minor Variance to the Zoning Administrator in the format approved by the Planning Division. [Source:

18.110.030.A]
B. Notice and Public Hearing.

1. Variance. The Planning Commission shall hold a public hearing on an application for a Variance. The public hearing shall be scheduled within 20 calendar days and held within 60 calendar days of the application being deemed complete. When applications for multiple Development Plans, Use Permits or Variances on a single lot are filed at the same time, the Zoning Administrator shall schedule a combined public hearing.

When applications for multiple entitlements requiring Planning Commission review on a single lot are filed at the same time, a combined public hearing may be scheduled for all entitlement applications submitted. [Source: 18.110.030.B]

3. Notice of public hearings shall be given in compliance with Chapter 18.195 (Notice Requirements). A public hearing may be continued to a definite date and time without additional public notice. [Source: 18.110.030.B]

1. Variance. Within 20 working days following the public hearing, the Planning Commission shall approve, conditionally approve, or deny a Variance application. [Source: 18.110.030.C]

2. Minor Variance. Within 20 working days following the public hearing, the Zoning Administrator shall approve, conditionally approve, or deny a Minor Variance application. [Source: NEW]

3. The Zoning Administrator shall mail notice of the decision to the applicant and any other party requesting notice within 10 calendar days of the decision. In the case of an appeal to the Planning Commission or City Council, the date of the decision is the date the Planning Commission or City Council adopts the resolution. [Source:

18.110.030.C]
D. Effective Date. A decision under this Chapter takes effect 10 calendar days after notice of the decision is mailed. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.175 (Appeals and Calls for Review) is exhausted. [Source: 18.110.030.D] Item 10.1
City Council Meeting Agenda - Page 1645 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.155 Revised Preliminary Draft – March 2025
59 E. Appeal. A decision of the Zoning Administrator may be appealed to the Planning Commission, and a decision of the Planning Commission may be appealed to the City Council in compliance with Chapter 18.165 (Appeals and Call for Review). [Source: 18.110.030.E,]

18.155.040 Findings
In compliance with California Government Code 65900 through 65909, the review authority may approve an application for a Variance or Minor Variance if it finds all of the following to be true: [Source:

18.110.040]
A. The requested Variance or Minor Variance is based on the existence of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, such that the strict application of the zoning regulations of this Title deprives the property of privileges enjoyed by other properties in the vicinity under the same zoning district; [Source:

18.110.040.A]
B. The requested Variance or Minor Variance does not constitute a grant of special privileges inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is located; and [Source: 18.110.040.B]
C. The Variance substantially meets the intent and purpose of the zoning district in which the property is located. [Source: 18.110.040.C]

18.155.050 Conditions of Approval
In approving a Variance or Minor Variance, the review authority may impose reasonable conditions necessary to: [Source: 18.110.050]
A. Achieve the general purposes of this Chapter or the specific purposes of the zoning district in which the site is located, or to make it consistent with the General Plan; [Source: 18.110.050.A] B. Protect the public health, safety, and general welfare; or [Source: 18.110.050.B] C. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area. [Source: 18.110.050.C]

18.155.060 Lape of Approval – Changes to Plans
A. Lapse of Approval. A Variance or Minor Variance lapses 12 months after its date of approval, or at an alternative time specified as a condition of approval, unless one of the following has occurred: [Source: 18.110.060.A]

2. A certificate of occupancy has been issued; or [Source: 18.110.060.A.2]

3. The Variance or Minor Variance is renewed by the review authority which originally approved it. No new notice or public hearing is required for a renewal if the findings required for approval remain valid. [Source: 18.110.060.A.3] Item 10.1
City Council Meeting Agenda - Page 1646 of 2120 - Monday, April 21, 2025 Chapter 18.155 Variance
60 B. Changes to Plans or Conditions of Approval. A request for a change in a condition of approval, or a change in the Variance or Minor Variance which affects a condition of approval, requires a new application for modification of the condition.

18.155.070 Resubmittal of Application
Following denial of a Variance or Minor Variance, no new application for the same, or substantially the same, Variance or Minor Variance shall be accepted within 12 months of the date of denial, unless the denial was made without prejudice. [Source: 18.110.070] Item 10.1
City Council Meeting Agenda - Page 1647 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.160 Revised Preliminary Draft – March 2025
61 Chapter 18.160
Zoning Permit
Item 10.1
City Council Meeting Agenda - Page 1648 of 2120 - Monday, April 21, 2025 Chapter 18.160 Zoning Permit
62 Chapter 18.160 Zoning Permit
Sections

18.160.010 Purpose and Applicability

18.160.020 Review Authority

18.160.030 Filing, Processing, and Review

18.160.040 Findings

18.160.050 Lapse of Approval – Changes to Plans

18.160.060 Revocation

18.160.070 Resubmittal of Application

18.160.010 Purpose and Applicability
A. Purpose. To ensure that each new, changed, or expanded use of a structure complies with this Chapter. [Source: 18.85.010]
B. Applicability. A Zoning Permit is required before any of the following can occur:

1. The issuance of a Building Permit or Grading Permit;

2. A new or change in use of a property, including the establishment of a new business;

3. Modifying, replacing, or constructing an accessory structure;

4. Replacing or constructing a fence or wall within a residential front or street side setback; or

5. A Section 6409(a) modification as specified by Chapter 18.100 (Wireless Communications).

18.160.020 Review Authority
The Zoning Administrator has the authority to approve, conditionally approve, or deny an application for a Zoning Permit. [Source: NEW]

18.160.030 Filing, Processing, and Review
A. Application. The applicant shall submit a complete application for a Zoning Permit to the Zoning Administrator in the form approved by the Planning Division. [Source: 18.85.030.A] B. Notice and Public Hearing.

1. No notice or public hearing is required for a Zoning Permit, unless appealed to the Planning Commission in compliance with Subsection E. [Source: NEW]

2. Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.XX.XXX (Multiple Discretionary Permits). [Source: NEW]
Item 10.1
City Council Meeting Agenda - Page 1649 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.160 Revised Preliminary Draft – March 2025
63 C. Decision. Within five working days following the submittal of a complete application, the Zoning Administrator shall approve or deny the Zoning Permit application. The Zoning Administrator shall mail notice of the decision to the applicant and any other party requesting notice within 10 calendar days of the decision. [Source: 18.85.030.B] D. Effective Date. A Zoning Permit is effective upon issuance. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.175 (Appeals and Calls for Review) is exhausted. [Source: 18.85.030.C, modified]
E. Appeal. Any interested person may appeal the Zoning Administrator’s decision in compliance with Chapter 18.175 (Appeals and Calls for Review). [Source: 18.85.030.D]

18.160.040 Findings
The Zoning Administrator shall issue a Zoning Permit if they find the following to be true: [Source:

18.85.020]
A. The proposed structure, use, or fence complies with this Chapter; and B. No further environmental review is required under the California Environmental Quality Act (CEQA). [Source: 18.85.020]

18.160.050 Lapse of Approval – Changes to Plans
A. Lapse of Approval. A Zoning Permit lapses 12 months after its date of approval, or at an alternative time specified as a condition of approval, unless one of the following has occurred:
[Source: 18.85.040.A]

2. A Certificate of Occupancy has been issued; or [Source: 18.85.040.A.2]

3. The use is established; or [Source: 18.85.040.A.3]

4. The Zoning Permit is renewed by the review authority which originally approved it. No new notice or public hearing is required for a renewal if the findings required for approval remain valid. [Source: 18.85.040.A.4]

5. A Zoning Permit automatically lapses if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more. [Source:

18.85.040.A]
B. Changes to Plans, Use or Condition of Approval. If the plans, project description or condition of approval are changed in a manner that affects compliance with this Chapter or there is a request for a change in the Zoning Permit or a condition of approval, a new application for modification of the condition is required. [Source: 18.85.040.B] Item 10.1
City Council Meeting Agenda - Page 1650 of 2120 - Monday, April 21, 2025 Chapter 18.160 Zoning Permit
64 18.160.060 Revocation
A Zoning Permit exercised in violation of this Chapter or a condition of approval may be revoked, as provided in Section 18.185.040 (Revocation or Modification of Discretionary Permits). [Source:

18.85.040.C]

18.160.070 Resubmittal of Application
If an application for a Zoning Permit is denied, no new application for the same, or substantially the same, Zoning Permit shall be filed within 12 months of the date of denial of the initial application, unless the denial is made without prejudice. [Source: 18.85.030.B] Item 10.1
City Council Meeting Agenda - Page 1651 of 2120 - Monday, April 21, 2025 1 18 – Zoning Code
Part 5 – Zoning Ordinance
Administration

REVISED PRELIMINARY DRAFT
MARCH 2025
Table of Contents
CHAPTER 18.165 GENERAL PROVISIONS ................................................................................... 4

18.165.010 General........................................................................................................................... 4

18.165.020 Review and Approval Authority ...................................................................................... 4

18.165.030 Projects with Multiple Discretionary Permit Applications ............................................... 5

18.165.040 Completeness of Application.......................................................................................... 5

18.165.050 Environmental Review ................................................................................................... 6

18.165.060 Fees and Deposits ......................................................................................................... 9

18.165.070 City Indemnification........................................................................................................ 9 CHAPTER 18.170 AMENDMENTS – GENERAL PLAN, ZONING ORDINANCE, AND ZONING MAP 11

18.170.010 Purpose and Applicability............................................................................................. 11

18.170.020 Application and Initiation of Amendments .................................................................... 11

18.170.030 Report – Notice and Public Hearing............................................................................. 12

18.170.040 Action ........................................................................................................................... 12

18.170.050 Findings........................................................................................................................ 15

18.170.060 Resubmittal of Application............................................................................................ 15 CHAPTER 18.175 APPEALS AND CALLS FOR REVIEW............................................................ 18

18.175.010 Purpose ........................................................................................................................ 18

18.175.020 Right to Appeal, Call for Review, Time Limits.............................................................. 18

18.175.030 Initiation ........................................................................................................................ 18

18.175.040 Procedures ................................................................................................................... 19

18.175.050 Effective Date............................................................................................................... 19 Item 10.1
City Council Meeting Agenda - Page 1652 of 2120 - Monday, April 21, 2025 Chapter 18.165 General Provisions
2 CHAPTER 18.180 DEVELOPMENT AGREEMENT....................................................................... 21

18.180.010 Purpose ........................................................................................................................ 21

18.180.020 Interpretation of Development Agreement Provisions ................................................. 21

18.180.030 Eligibility Requirements................................................................................................ 22

18.180.040 Agreement Contents .................................................................................................... 22

18.180.050 Filing, Processing, and Review .................................................................................... 23

18.180.060 Action ........................................................................................................................... 25

18.180.070 Findings........................................................................................................................ 26

18.180.080 Annual Review ............................................................................................................. 27

18.180.090 Amendment or Cancellation......................................................................................... 28

18.180.100 Administration............................................................................................................... 28 CHAPTER 18.185 ENFORCEMENT............................................................................................... 30

18.185.010 Purpose and Intent....................................................................................................... 30

18.185.020 Public Nuisance............................................................................................................ 30

18.185.030 Permits, Licenses, Certificates, and Approvals............................................................ 30

18.185.040 Enforcement Responsibilities....................................................................................... 30

18.185.050 Revocation or Modification of Discretionary Permits ................................................... 30

18.185.060 Public Hearing and Other Violations ............................................................................ 31

18.185.070 Penalties....................................................................................................................... 32

18.185.080 Notice of Violation ........................................................................................................ 32 CHAPTER 18.190 NONCONFORMING PROVISIONS.................................................................. 35

18.190.010 Purpose and Applicability............................................................................................. 35

18.190.020 Determination and Proof of Nonconforming Status ..................................................... 35

18.190.030 Nonconforming Lots ..................................................................................................... 35

18.190.040 Nonconforming Structures ........................................................................................... 36

18.190.050 Nonconforming Uses.................................................................................................... 37

18.190.060 Nonconforming Signs................................................................................................... 38 CHAPTER 18.195 NOTICING REQUIREMENTS........................................................................... 41

18.195.010 General Notice Requirements...................................................................................... 41

18.195.020 Contents of Notice........................................................................................................ 41

18.195.030 Summary of Notice Requirements ............................................................................... 42 Item 10.1
City Council Meeting Agenda - Page 1653 of 2120 - Monday, April 21, 2025 Part 5 – Zoning Ordinance Administration Chapter 18.165 Revised Preliminary Draft – March 2025
3 Chapter 18.165
General Provisions
Item 10.1
City Council Meeting Agenda - Page 1654 of 2120 - Monday, April 21, 2025 Chapter 18.165 General Provisions
4 Chapter 18.165 General Provisions
Sections

18.165.010 General

18.165.020 Review and Approval Authority

18.165.030 Projects with Multiple Discretionary Permit Applications

18.165.040 Completeness of Application

18.165.050 Environmental Review

18.165.060 Fees and Deposits

18.165.070 City Indemnification

18.165.010 General
This Part 5, (Zoning Ordinance Administration), sets forthestablishes the general administrative authority and procedures for decision making of this Zzoning Oordinance. It includes general administrative provisions and notice and hearing requirements; procedures for obtaining a Zzoning Ppermit; requirements for various discretionary approvals: Ddevelopment Pplans, Uuse Ppermits, Ttemporary Uuse Ppermits, Vvariances, Development Aagreements and Zzoning Oordinance Aamendments; and provisions for appeals and enforcement. [Source: 18.75.010]

18.165.020 Review and Approval Authority
A. Zoning Aadministrator. The Zzoning Aadministrator has the authority to approve: Zzoning Ppermits; Mminor Uuse Ppermits; Mminor Vvariances; Mminor Ssubdivisions (under the Ssubdivision Oordinance – Title 17); Ttemporary Uuse Ppermits, Section 6409(a) permits, and Ssign Ppermits; Hhome Ooccupation Ppermits; and certain Aarchitectural Rreview Ppermits.

With the exception of Section 6409(a) permits, the Zzoning Aadministrator may, in his or her discretion, refer any of these applications directly to the Pplanning Ccommission. The Zzoning Aadministrator makes recommendations regarding Zzoning Oordinance amendments, development agreements, and any other discretionary approval to be considered by another approval body. [Source: 18.75.020.A]
B. Architectural Rreview Ccommission. The Aarchitectural Rreview Ccommission has the authority to approve Aarchitectural Rreview Ppermits, except for certain limited permits which may be approved by the Zzoning Aadministrator. [Source: 18.75.020.B] C. Planning Ccommission. The Pplanning Ccommission has the authority to approve applications for Ddevelopment Pplans, Uuse Ppermits, Major Subdivisions, and Vvariances (except for Mminor Uuse Ppermits and Mminor Vvariances which are considered by the Zzoning Aadministrator) and to make recommendations to the Ccity Ccouncil regarding Zzoning ordinanceOrdinance Aamendments, Zoning Map Amendments, and Development Agreements. The Pplanning Ccommission also hears appeals from decisions of the Zzoning Item 10.1
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5 Aadministrator. The Pplanning Ccommission has the authority to approve Mmajor Ssubdivisions (under the Ssubdivision Oordinance – Title 17). [Source: 18.75.020.C] C. City Ccouncil. The Ccity Ccouncil has the authority to approve Ddevelopment Aagreements and Zzoning Oordinance Aamendments. The Ccity Ccouncil hears appeals from the Pplanning Ccommission and the Aarchitectural Rreview Ccommission. [Source: 18.75.020.D] D. Additional Permits May Be Required. A land use or development project must comply with all applicable permit requirements or exemptions under this Zoning Ordinance, the Municipal Code, and any relevant permits from other agencies. All necessary permits shall be secured before initiating any work, establishing a new use, or as otherwise specified by law. [Source:

NEW]
E. Appeals. All actions taken in this Ssection, except for those actions taken by City Councilsubsection D, are subject to PHMC Chapter 18.17530, (Appeals and Calls for Review). [Source: 18.75.020]

18.165.030 Projects with Multiple Discretionary Permit Applications A. Actions Subject to Zoning Administrator and/or Architectural Review Commission Review. For projects requiring a discretionary permit approval from the Planning Commission and/or City Council in conjunction with approval of an entitlement from the Zoning Administrator and/or Architectural Review Commission, the Planning Commission and/or City Council shall be the final decision-maker and any action of the Zoning Administrator and/or Architectural Review Commission shall be considered advisory to the Planning Commission and/or City Council. [Source: 18.105.030.D, 18.115.030.F]
D.B. Multiple Entitlement Applications. When multiple entitlement applications requiring consideration from the same authority are filed simultaneously, a combined public hearing to review them together may be scheduled. [Source: 18.95.020, 18.90.030.B]

18.165.03018.165.040 Completeness of Application
A. Initial Aapplication. Within 30 calendar days after the Ccity has received an application for a development project, the Ccity shall determine in writing whether the application is complete, and shall immediately transmit the determination to the applicant. If the application is determined not to be complete, the Ccity’s determination shall specify those parts of the application which are incomplete, and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed. [Source:

18.75.030.A]
If the determination is not made within 30 calendar days, and the application includes a statement that it is an application for a development permit (seeas that term is used in Government Code Ssections 65927 and 65943), the application shall be deemed complete. [Source: 18.75.030.A]
B. Resubmittal. Except as may otherwise be required by law, upon any resubmittal of an application determined not to be complete, a new 30 calendar -day period shall begin for determining whether the application is complete. The Ccity shall determine in writing whether the resubmitted materials are complete and shall notify the applicant. If the written Item 10.1
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6 determination is not made within that 30 calendar -day period, the application together with the submitted materials shall be deemed complete. Applications for wireless telecommunications facilities shall be subject to the resubmittal requirements set forthestablished in applicable Ffederal and Sstate law. [Source: 18.75.030.B]
C. Time Pperiod Eextensions. Nothing in this Ssection precludes an applicant and the Ccity from mutually agreeing to extend any time period provided by this Cchapter. [Source: 18.75.030.C]

18.165.04018.165.050 Environmental Review
A. Purpose. The purpose of this Section is to comply with the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et seq.) and the Permit Streamlining Act (Government Code Section 65920 et seq.) which mandates local agencies to establish criteria and procedures for the evaluation of projects and the preparation of environmental impact reports, and negative declarations, and the review timeframes thereof. The purpose of this review is to help the City decide if the proposed project is subject to environmental review and, if so, which issues may require analysis. [Source: NEW] B. Applicability. Each application for a discretionary entitlement by the Ccity is subject to the requirements of (CEQA), the State CEQA Guidelines, the City’s CEQA Guidelines, and the provisions of this Section. [Source: 18.75.040, modified] C. Review Authority. The highest decision-making review authority for the entitlement shall also have the authority to review and make the related CEQA finding. [Source: NEW] D. Review Procedures. Procedures for environmental review associated with a proposed project or application shall comply with the following:

1. Initial Review.
a. Within 30 calendar days of the submittal of a discretionary permit application, the Zoning Administrator shall determine if the application is complete in compliance with Section 18.165.xxx (Completeness of Application). [Source:

NEW]
b. An application subject to environmental review shall not be considered complete until the applicant has submitted all studies and other documentation the Zoning Administrator has deemed necessary to make an environmental determination. [Source: NEW]

2. Exempt Projects.
a. If the responsible review authority has determined that a project is exempt from environmental review under CEQA, such determination shall be supported with necessary written findings and substantial evidence and included in any public notice required for the project. The notice shall include a citation to the applicable statute or CEQA Guideline section under which it is found to be exempt. [Source: NEW]
b. Within 60 calendar days after adoption of the project is determined exempt from CEQA, the applicable review authority shall approve, approve with modifications, or deny the project. This period may be extended for up to 90 Item 10.1
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7 calendar days with a written agreement between the City and applicant. The CEQA determination and the review authority’s formal action on the land use or entitlement may be heard at the same public hearing. See Government Code Section 65950(a)(5). [Source: NEW]
c. Following approval of a project that is exempt from CEQA review, the Zoning Administrator or the applicant may file a Notice of Exemption with the County Clerk’s Office. The applicant for a project shall be responsible for any fees required to file such notice. [Source: NEW]

3. Non-Exempt Projects. If the proposed project is not exempt from environmental review, the applicant shall submit necessary information as determined by the Zoning Administrator. Upon submittal, the Zoning Administrator shall prepare or cause the preparation of an Initial Study at the applicant's expense in compliance with Sectioin

18.165.050.E. (Preparation of an Initial Study). [Source: NEW] E. Preparation of an Initial Study. An Initial Study required by this Section shall comply with the following:

1. Within 30 calendar days after an application is deemed complete, the Zoning Administrator shall determine whether to require preparation of an Environmental Impact Report (EIR), Negative Declaration, or Mitigated Negative Declaration or whether the project is within the scope of a Master EIR, or other appropriate document authorized by CEQA. The 30-calendar day time limit for completing the environmental study determination may be extended by 15 calendar days with a written agreement between the City and applicant. [Source: NEW]

2. Following completion of the Initial Study, the Zoning Administrator shall notify the applicant in writing of changes to the project deemed necessary to reduce or avoid any significant effects or revise the project to reduce its impacts to less than significant identified in the Initial Study. [Source: NEW]

3. Within 30 calendar days following the date of the notification described above, the applicant shall provide written notification to the Zoning Administrator indicating that the proposed modifications are acceptable or shall propose alternative measures that will achieve the same result. If the applicant does not agree to revise the project, an EIR shall be prepared. Alternatively, if the applicant does not respond to letter, the application shall be terminated by the City. [Source: NEW]

2.4. Based on the Initial Study, the Zoning Administrator shall make one of the following findings and prepare the appropriate environmental documentation as established:
a. The project will have "no significant impacts" on the environment, and a Negative Declaration will be prepared in compliance with CEQA and Subsection 18.165.050.F (Preparation of Negative Declarations); b. The project has been modified to mitigate potential environmental impacts to a level of insignificance and a Mitigated Negative Declaration will be prepared in compliance with CEQA and Subsection 18.165.050.F (Preparation of Negative Declarations);
Item 10.1
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8 c. The project is within the scope of a Master EIR or other appropriate document authorized by CEQA, no additional significant environmental effect will result, and no additional mitigation measures or alternatives may be required; or d. The proposed project will have, or may have, significant impact(s) and an EIR will be prepared in compliance with CEQA and Subsection 18.165.050.G (Preparation of EIRs).

F. Preparation of Negative Declarations. A Negative Declaration or Mitigated Negative Declaration required by this Section shall comply with the following:

1. Negative Declarations and Mitigated Negative Declarations shall be adopted 180 calendar days after the Zoning Administrator deems the application complete.

Additional time to complete the Negative Declaration or Mitigated Negative Declaration may be allowed by ordinance or resolution if justified by compelling circumstances and the applicant consents thereto. The Negative Declaration or Mitigated Negative Declaration shall be adopted, modified, or not adopted before formal action is taken on the proposed land use or development project. [Source: NEW]

2. Within 60 calendar days after adoption of the Negative Declaration or Mitigated Negative Declaration (or a determination that the project is exempt from CEQA), the applicable review authority shall approve, conditionally approve, or deny the project.

This period may be extended for up to 90 calendar days with a written agreement between the City and applicant. [Source: NEW]

3. In compliance with CEQA Guidelines Section 15109, any unreasonable delay by the applicant in meeting requests necessary for the preparation of the Negative Declaration or Mitigated Negative Declaration may serve to delay the approval period, or even result in project disapproval. [Source: NEW]
G. Preparation of EIRs. An EIR required by this Section shall comply with the following:

1. An EIR for a private (i.e., non-government) project shall be certified within 12 months from the date the application is deemed complete. An additional 90 calendar days to certify the EIR may be allowed by ordinance or resolution if justified by compelling circumstances and the applicant consents. [Source: NEW]

2. Development projects must be approved, denied or conditionally approved within 180 calendar days from the date of EIR certification. This period may be extended once for up to 90 calendar days. [Source: NEW]

3. If, however, the decision to certify the EIR is not made within the 12 months after the application is deemed complete but is extended in compliance with Public Resources Code Section 21151.5, the applicable review authority shall decide whether to approve or deny the project within 90 calendar days after EIR certification. This period may be extended once for up to 90 calendar days. [Source: NEW] Item 10.1
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9 18.165.05018.165.060 Fees and Deposits
Each person submitting an applicationapplying for a permit, or filing an appeal, under this Cchapter shall pay the required fees and deposits as established by the Master Fee Schedulecity council resolution. [Source: 18.75.050]

18.165.06018.165.070 City Indemnification
Each applicant shall indemnify, hold harmless and pay for the defense of the City, (including its agents, officers and employees) as a result of any claim, action, or proceeding to challenge a decision of the Zoning Administrator, Architectural Review Commission, Planning Commission, City Council, or any officer, department, commission, or committee of the City, concerning an entitlement, permit or approval granted under this Title. Each applicant shall defend (with counsel acceptable to the city), indemnify and hold harmless the city (including its agents, officers, and employees) from any claim, action, or proceeding to challenge an approval of the, planning commission, city council, or any officer, department, commission, or committee of the city concerning a permit granted under this title. [Source:

18.75.060]
Item 10.1
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Zoning Ordinance, and Zoning Map
10 Chapter 18.170
Amendments – General Plan
Zoning Ordinance, and Zoning
Map
Item 10.1
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11 Chapter 18.170 Amendments -– General Plan, Zoning
Ordinance, and Zoning Map
Sections

18.170.010 Purpose and Applicability

18.170.020 Application and Initiation of Amendments

18.170.030 Report – Notice and Public Hearing

18.170.040 Action

18.170.050 Findings

18.170.060 Resubmittal of Application

18.170.010 Purpose and Applicability
This Chapter establishes the procedures for amending the General Plan in compliance with Government Code Section 65350 et seq., and Zoning Ordinance, including changes to zoning districts and the Zoning Map, in compliance with Government Code Section 65853 et seq. The purpose of these procedures is to ensure a structured and transparent approach to modifying the General Plan, zoning regulations, and zoning districts, aligning them with the City’s planning objectives, and community needs.The zoning designations may be changed by amending the zoning map, and the zoning regulations may be changed by amending this title. [Source: 18.125.010]

18.170.020 Application and Initiation of Amendments
A. General Plan. An amendment to the General Plan shall be applied for and initiated as follows:

1. Application and Initiation. An amendment to the Geneal Plan may be initiated by motion of the City Council or Planning Commission, action of the Zoning Administrator, or by request of any resident, property owner or business owner in the City. A General Plan amendment shall be initiated by submitting a complete application to the Zoning Administrator in the form approved by the Planning Division. [Source: NEW]

2. Maximum Number of General Plan Amendments. In compliance with Government Code Section 65358 et seq., no mandatory element of the General Plan shall be amended more frequently than four times during any calendar year. Subject to that limitation, the General Plan amendment may be made at any time, as determined by the City. Each amendment may include more than one change to the General Plan. [Source: NEW]
A.B. Zoning Mmap. An amendment to the Zoning Map may be initiated by motion of the City Council or Planning Commission, action of the Zoning Administrator, or by request of all owners of the property for which the change is sought. A Zoning Map amendment shall be initiated by submitting a complete application to the Zoning Administrator in the form approved by the Planning Division.An amendment to the zoning map may be initiated by motion of the city Item 10.1
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Zoning Ordinance, and Zoning Map
12 council or planning commission, action of the zoning administrator, or by request of all owners of property for which the change is sought. [Source: 18.125.020.A] C. Zoning Ordinanceregulations. An amendment to the Zzoning Ordinanceregulations may be initiated by motion of the Ccity Ccouncil or the Pplanning Ccommission, action of the Zzoning Aadministrator, or by request of any resident, property owner or business owner in the Ccity.

A Zoning Ordinance amendment shall be initiated by submitting a complete application to the Zoning Administrator in the form approved by the Planning Division. [Source: 18.125.020.B] D. Modification of Application Requirements. The Zoning Administrator may add or waive the submission of application materials or information to determine compliance with the General Plan and Zoning Ordinance. [Source: NEW]

18.170.030 Application
A. Zoning map. A property owner may initiate a zoning map amendment by filing an application in the form approved by the zoning administrator. [Source: 18.125.030.A] Zoning regulation. A property owner, resident or business owner shall initiate an amendment to the zoning regulations by submitting an application in the form approved by the zoning administrator. [Source: 18.125.030.B]

18.170.04018.170.030 Report – Notice and Public Hearing A. Determination of Completeness. After a General Plan, Zoning Ordinance, or Zoning Map amendment application is submitted, the Zoning Administrator shall determine whether the application is complete and shall notify the applicant of the determination, including (if appropriate) a description of why the application is incomplete and any additional information that may be required. [Source: NEW]
A.B. Report. A fter a submitted application is deemed complete; the Zoning Administrator shall prepare separate reports for the Planning Commission and City Council containing the Zoning Administrators analysis and recommendation. The zoning administrator shall set a date, time and place for a public hearing and prepare a report to the planning commission on the proposed zoning map or zoning regulation amendment. The report(s) shall describe the geographical area or applicable General Plan or Zoning Ordinance provision(s)subject to be considered for amendmentchange and, if warranted, propose alternative amendments. [Source:

18.125.040.A]
B.C. Notice and Ppublic Hhearing. The responsible review authority shall hold a public hearing on an application for General Plan, Zoning Ordinance, or Zoning Map amendment and shall nNotice such meeting in compliance with of the public hearing on the proposed amendment shall be given in accord with PHMC Chapter 18.19580 (Notice Requirements). In compliance with Section 18.XX.XXX (Projects with Multiple Discretionary Permit Applications), tThe Planning Commission may schedule a combined public hearing on multiple applications for Zoning Ordinance and Zzoning Mmap or text amendments. [Source: 18.125.040.B]

18.170.05018.170.040 Action
A. Planning Ccommission Recommendationaction. [Source: 18.125.050] Item 10.1
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13 1. Public Hhearing. In compliance with Government Code Sections 65353 et seq. and 65853, aAt the public hearing, the Pplanning Ccommission shall consider the report from the Zzoning Aadministrator, including the Zoning Administrator’s recommendation, and shall hear evidence for and against the proposed General Plan, Zoning Ordinance or Zoning Map amendment. The Pplanning Ccommission may continue the public hearing to a definite date and time without additional notice. [Source: 18.125.050.A]

2. Recommendation to Ccity Ccouncil. Following the public hearing, the Planning Ccommission shall forward a written recommendation, including findings, to the City Council whether to recommend approval, approval in modified form, or denial of the proposed amendment, based on the findings identified in Section 18.170.xxx (Findings and Decision) make specific findings as to whether the proposed zoning regulation or zoning map amendment is consistent with the policies of the general plan, the purposes of this title, and the limitations on residential rezoning prescribed in PHMC §

18.125.070, and shall recommend approval, conditional approval, or denial of the proposal as submitted or in modified form. [Source: 18.125.050.B]

3. Result of Pplanning Ccommission Ddenial. A Pplanning Ccommission recommendation of denial of an application for a Zzoning Ordinance or Zoning Mmap or zoning regulation amendment submitted by request terminates the proceedings, unless appealed in compliance with Chapter 18.xxx (Appeals and Calls for Review).

However, when an application is combined with a Ggeneral Pplan amendment, the Pplanning Ccommission recommendation of a denial shall be automatically referred to the Ccity Ccouncil for final action, and does not require an appeal. All other Pplanning Ccommission actions on proposed Zzoning Ordinance or Zoning Mmap or zoning regulationamendments are automatically referred to the Ccity Ccouncil. [Source:

18.125.050.C]
B. City Ccouncil Aaction.

1. Hearing Ddate and Nnotice. The Zzoning Aadministrator shall set a public hearing before the Ccity Ccouncil within 60 calendar days after the date of the Pplanning Ccommission recommendation. Notice of the public hearing shall be provided as set forth in PHMC Chapter 18.80comply with Chapter 18.xx (Notice Requirements). [Source: 18.125.060.A]

2. Public Hhearing. At the public hearing, the City Ccouncil shall consider the Planning Commission’s recommendation and hear evidence for and against the proposed General Plan, Zoning Ordinanc,e or Zoning Map amendment. shall hear evidence for and against the proposed amendment. The City Ccouncil may continue the public hearing to a definite date and time without additional notice. [Source: 18.125.060.B]

3. City Council Ddecision. After the public hearing, Tthe City Ccouncil shall approve, approve with modifications, or reject deny the proposed General Plan, Zoning Ordinance, or Zoning Map amendment based on the findings identified in Section

18.170.xxx (Findings and Decision). commission recommendation; provided, that a modification not previously considered by the commission shall be referred to the Item 10.1
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Zoning Ordinance, and Zoning Map
14 commission for a report before adoption of an ordinance amending the zoning regulations or map. [Source: 18.125.060.C]

4. Referral to Planning Commission.
a. City Council Referral for Further Study.
i. When City Council requests the Planning Commission to further study and report on a proposed amendment, the Planning Commission shall study and submit a report to City Council within 60 calendar days after the referral. The City Council may establish a longer reporting period at their discretion. [Source: 18.125.060.C, 18.125.080.A] ii. Upon receipt of the City Council referral, the Planning Commission shall conduct the required public hearing and notice the public hearing in compliance with Chapter 18.xxx (Noticing Requirements). iii. Failure of the Planning Commission to report back to the City Council within the specified time period shall be deemed that the Planning Commission’s recommendation is for approval of the amendment in compliance with Government Code Sections 65356 and 65853. commission recommendation; provided, that a modification not previously considered by the commission shall be referred to the commission for a report before adoption of an ordinance amending the zoning regulations or map. Failure of the planning commission to report within 40 calendar days after referral, or such longer period as may be designated by the council, shall be deemed approval of the proposed modification. Before adopting an ordinance, the council shall make findings that the proposed regulation or map amendment is consistent with the policies of the general plan. [Source:

18.125.060.C, 18.125.080.A]
b. City Council Referral for Information not Previously Considered. i. If the City Council proposes to adopt a substantial modification(s) to the proposed amendment not previously considered by the Planning Commission, the proposed modification shall be first referred to the Planning Commission for its recommendation, in compliance with Government Code Sections 65356 and 65857. [Source:

18.125.060.C, 18.125.080.A]
ii. The Planning Commission shall not be required to hold a public hearing on the referral. [Source: 18.125.060.C, 18.125.080.A] i.iii. Failure of the Planning Commission to report back to the City Council within 45 calendar days after the City Council referral, or a longer period as may be designated by the City Council, shall be deemed that the Planning Commission’s recommendation is for approval of the proposed amendment in compliance with Government Code Sections 65356 and 65857. [Source: 18.125.060.C, 18.125.080.A]
Item 10.1
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15 18.170.050 Findings
An amendment to the General Plan, Zoning Ordinance, or Zoning Map may be approved only if all the following findings are made, as applicable to the type of amendment. [Source: NEW] A. General Findings. The following findings shall be made for all amendments:

1. The proposed amendment(s) complies with the provisions of the California Environmental Quality Act (CEQA). [Source: NEW]

2. The proposed amendment(s) complies with the limitations on residential rezoning established in Subsection 18.170.060.X (Limitation on Residential Rezoning). [Source:

18.125.060.C]
B. Additional Finding for General Plan Amendments. The proposed amendment(s) is internally consistent with all other provisions established by the General Plan; [Source: 18.125.060.C] C. Additional Finding for Zoning Ordinance Amendments. The proposed amendment(s) is internally consistent with all other applicable provisions of the Zoning Ordinance. [Source:

NEW]
D. Limitation on Residential Rezoning. The City shall not rezone any area or property zoned for residential use to increase density or change land use unless the following additional findings are made: [Source: 18.125.070]

3.1. Development of the area or property to be rezoned shall not have significant growthinducing impacts on existing residential neighborhoods; [Source: 18.125.070.A]

4.2. Development of the area or property to be rezoned shall not have a significant traffic impact on existing residential neighborhoods; and [Source: 18.125.070.B]

5.3. Development of the area or property to be rezoned shall not have a significant noise impact on existing residential neighborhoods. [Source: 18.125.070.C]

18.170.060 Revisions of Proposed Amendments
A. Revisions. Before approving an amendment, the commission or the council may consider revisions which were not in the original proposal, such as: (1) revising the boundaries of an area proposed for a zoning map amendment; (2) considering revised zoning map designations; or (3) considering revised zoning regulation amendments. [Source: 18.125.080.A] B. Supplemental notice. Notice shall be given before a hearing on a revised amendment, unless the commission or council finds that the revised amendment will not have impacts greater than those that would result from the amendment in its original form. [Source: 18.125.080.B]

18.170.07018.170.060 Resubmittal of Application
Following the denial of an application or request for an amendment to the zoning regulations or the zoning map General Plan, Zoning Ordinance, or Zoning Map amendment application, no new application or request for the same, or substantially the same, proposed amendment shall be accepted within one year12-months of the date of denial, unless the denial was made without prejudice. [Source:

18.125.090]
Item 10.1
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Zoning Ordinance, and Zoning Map
16 Item 10.1
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17 Chapter 18.175
Appeals and Calls for Review
Item 10.1
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18 Chapter 18.175 Appeals and Calls for Review
Sections

18.175.010 Purpose

18.175.020 Right to Appeal, Call for Review, Time Limits

18.175.030 Initiation

18.175.040 Procedures

18.175.050 Effective Date

18.175.010 Purpose.

The purpose of this Chapter is to establish procedures for the appeal of determinations and decisions made by the Zoning Administrator, Architectural Review Commission, and Planning Commission.

18.175.01018.175.020 Right to Appeal, Call for Review, Time Limits A. Right to Appeal. Any interested person may appeal a decision. [Source: 18.130.010.A] B. Appeal. A decision of the Zoning Administrator may be appealed to the Planning Ccommission.

A decision of the Zoning Administrator regarding a Temporary Sign Permit or conformance to Master Sign Program may be appealed to the Architectural Review Commission. A decision of the Planning Commission or Architectural Review Ccommission may be appealed to the City Council. [Source: NEW]
C. Call for Rreview. Any decision of the Zzoning Aadministrator may be called up for review by any member of the Pplanning Ccommissionner, Aarchitectural Rreview Ccommissioner, or Ccity Ccouncil member. Any decision of the Pplanning Ccommission or Aarchitectural Rreview Ccommission may be called up for review by a a member of the Ccity Ccouncil member. [Source: 18.130.010.B]
A.D. Time Llimits. An appeal or call for review must be submitted in writing to the Zzoning Aadministrator within 10 calendar days of the mailed notice of decision. [Source: 18.130.010.C]

18.175.02018.175.030 Initiation
A. Appeal. An appeal shall be filed with the Zzoning Aadministrator on a form approved by the Planning Divisionprovided and shall state the specific reasons for the appeal. [Source:

18.130.020.A]
B. Call for Rreview. A call for review shall be filed with the Zzoning Aadministrator and shall state the reasons for such review. [Source: 18.130.020.B]
C. Effective DateCalls for Review. A decision that is appealed or called up for review does not become effective until the appeal or review is resolved. [Source: 18.130.020.C] Item 10.1
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19 18.175.03018.175.040 Procedures
A. Hearing Ddate. An appeal or call for review shall have the be scheduled for a public hearing occurs before the appellate body within 6045 calendar days of the city’s Zoning Administrator’s receipt of the appeal or call for review, unless both applicant, and appellant and City consent to a later date. [Source: 18.130.030.A]
B. Notice and Ppublic Hhearing. An appeal or review hearing shall be a public hearing if the decision being appealed or reviewed requires a public hearing. Notice of the public hearing shall be given in the manner required for the initial decision and shall comply with Chapter

18.___ (Noticing Requirements). [Source: 18.130.030.B]
C. Plans and materials. At an appeal or review hearing the appellate body shall consider only the same application, plans, and related project materials that were the subject of the original decision. [Source: 18.130.030.C]
D.C. Public Hearing. Public hearings for appeals are De Novo, in which new information may be provided and considered by the appellate body when taking action on the appeal. At the public hearing, the appellate body shall review the record of the decision and hear testimony of the appellant, the applicant, and any other interested party. [Source: 18.130.030.D] E.D. Decision and Nnotice. After the public hearing, the appellate body shall affirm, modify, or reverse the original decision. When a decision is modified or reversed, the appellate body shall state the specific reasons for modification or reversal. [Source: 18.130.030.E] A decision on appeal or call for review shall be rendered within 30 calendar days of the close of the public hearing. The Zzoning Aadministrator shall mail notice of a Pplanning Ccommission decision or Aarchitectural Rreview Ccommission decision. The Ccity Cclerk shall mail notice of a Ccity Ccouncil decision. Such notice shall be mailed within five working days after the date of the decision to the applicant, the appellant, and any other party requesting such notice. [Source: 18.130.030.E]
F.E. Failure to Aact. Failure to act within the time limits establishedprescribed in Ssubsections A and E of this Ssection shall be deemed affirmation of the original decision. [Source:

18.130.030.F]

18.175.04018.175.050 Effective Date
A decision by the Ccity Ccouncil regarding an appeal or call for review becomes final on the date of the decision. A decision by the Pplanning Ccommission or Aarchitectural Rreview Ccommission regarding an appeal or review becomes final 10 calendar days after the date the notice of decision is mailed, unless appealed to the Ccity Ccouncil. [Source: 18.130.040] Item 10.1
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20 Chapter 18.180
Development Agreement
Item 10.1
City Council Meeting Agenda - Page 1671 of 2120 - Monday, April 21, 2025 Part 5 – Zoning Ordinance Administration Chapter 18.180 Revised Preliminary Draft – March 2025
21 Chapter 18.180 Development Agreement
Sections

18.180.010 Purpose

18.180.020 Interpretation of Development Agreement Provisions

18.180.030 Eligibility Requirements

18.180.040 Agreement Contents

18.180.050 Filing, Processing, and Review

18.180.060 Action

18.180.070 Findings

18.180.080 Annual Review

18.180.090 Amendment or Cancellation

18.180.100 Administration

18.180.010 Purpose
In order toTo strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic cost of development, the Legislature of the State of California adopted provisions in the Government Code authorizing local governments to enter into development agreements with applicants for development projects. The objective of such an agreement is to provide for vesting of certain development rights in the property by granting assurances that, upon approval of the project, the applicant may proceed with the project in compliance accordance with existing policies, rules and regulations, subject to the conditions of approval. The purpose of this Cchapter is to establish procedures and requirements for consideration of development agreements by the city consistent with state law. (Reference: Govt. Government Code Sections Code §§ 65864 – 65869.5) [Source:

18.120.010]

18.180.020 Interpretation of Development Agreement Provisions In interpreting the provisions of any development agreement entered into in compliance with this Chapter, those provisions shall be read to fully effectuate, and to be consistent with, the language of this Chapter, Government Code Sections 65864-65869.5, and the agreement itself. Should any apparent discrepancies between the meaning of these documents arise, reference shall be made to the following documents, and in the following order:

A. The provisions of Government Code Sections 65864-65869.5; B. The provisions of this Chapter; and
A.C. The plain terms of the development agreement itself. [Source: NEW] Item 10.1
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22 18.180.02018.180.030 Eligibility Application Requirements Equitable Interest. Person(s) having a legal or equitable interest in real property may propose to enter into a development agreement if all the following criteria are met:

A. The status of the applicant, having a legal or equitable interest in the subject real property, is established to the satisfaction of the Zoning Administrator. An applicant may also include an authorized agent, and
B. A complete application is submitted to the Zoning Administrator on the form approved by the Planning Division.

A. An applicant may propose that the city consider entering into a development agreement by filing a complete application with the public works and community development department accompanied by plans and materials in the form approved by the department. [Source:

18.120.020]

18.180.03018.180.040 Agreement Contents
A. Mandatory Contents. A development agreement shall contain all the following content, in compliance with Government Code Section 65865.2specify all of the following:

1. Specifying the:
a. Dthe duration of the agreement;
b. Pthe permitted land uses of the subject property, including mix and type of uses;
c. the Ddensity and/or intensity of the permitted land uses; d. Mthe maximum height and size of proposed buildings; and e. P provisions for reservation or dedication of land for public purposes. [Source:

18.120.030.A]

2. Describing the:
a. Provisions, if any, for reservation or dedication of land for public purposes; and b. Provisions, if any, for the protection from either a future growth control ordinance or a future increase in development and/or effect fees. [Source:

NEW]

3. Provide for a tiered modification/amendment review procedure that may incorporate the following:
a. Zoning Administrator approval for minor modifications; b. Planning Commission approval for major modifications; and a.c. City Council approval for major amendments. [Source: NEW] B. Optional Contents. A development agreement may contain the applicable provisions identified below, in compliance with Government Code Section 65865.2A development agreement may:
[Source: 18.120.030.B]
Item 10.1
City Council Meeting Agenda - Page 1673 of 2120 - Monday, April 21, 2025 Part 5 – Zoning Ordinance Administration Chapter 18.180 Revised Preliminary Draft – March 2025
23 1. Include conditions, terms, restrictions, and requirements for subsequent discretionary actions; provided, that such conditions, terms, restrictions, and requirements shall not prevent development of the land for the uses and to the density or intensity of development set forthestablished in the agreement; [Source: 18.120.030.B.1]

2. Provide that construction shall be commenced within a specified time and that the project or any phase be completed within a specified time; [Source: 18.120.030.B.2]

3. Include terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time; [Source: 18.120.030.B.3]

4. Provide that a particular rule, regulation or policy will apply as it exists at the time of Bbuilding Ppermit issuance (e.g.,for example, Bbuilding Ccode standards and development processing and impact fees); and [Source: 18.120.030.B.4]

5. Provide for specific penalties for failure to perform. [Source: 18.120.030.B.5]

6. Unless otherwise specified in the development agreement, the rules, regulations, and official policies governing the development of the property will be those in effect at the time the agreement is executed. In subsequent actions related to the project, the City may apply new rules, regulations, and policies that do not conflict with those in place at the time of the agreement. The City may also deny or conditionally approve the project based on these new rules. No rights will be considered vested in the applicant or any other party under a development agreement, except as explicitly stated in the agreement. Unless otherwise provided by the development agreement, the rules, regulations, and official policies applicable to development of the property subject to a development agreement shall be those rules, regulations, and official policies in effect at the time of agreement execution. In subsequent actions applicable to the project, the city may apply new rules, regulations, and policies which do not conflict with those rules, regulations, and policies in effect at the time of the agreement, and may deny or conditionally approve the project on that basis. No rights shall be deemed to vest in the applicant or any other person under any development agreement, except as set forth in the development agreement. [Source: 18.120.030.C] C. Development agreements shall be limited to a period not to exceed a maximum of 10 years from the effective date of the adopting ordinance. [Source: 18.120.030.D]

18.180.04018.180.050 Filing, Processing, and Review
A. Filing. The applicant shall submit a complete application for a development agreement to the Zoning Administrator in the form approved by the Planning Division. [Source: NEW] A.B. Review processAuthorization to Negotiate. . City staff shall not begin to negotiate with the applicant until the Ccity Ccouncil has so authorized City staff, following completion of the application review process as set forth below. [Source: 18.120.040] B.C. Zoning Administrator Review. The Zzoning Aadministrator, upon receipt of City Council’s authorization, shall review the development agreement proposalapplication, undertake environmental review in compliance with Section 18.165.050 (Environmental Review), consult with all applicable Ccity departments, and obtain such additional information from the applicant Item 10.1
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24 as may be deemed necessary by the zoning administrator. Within 45 calendar days of receipt of the application, the Zzoning Aadministrator shall prepare a report to the city council containing their zoning administrator’s recommendation. The recommendation shall consist of the following: [Source: 18.120.040.A, 18.120.050.A]

1. A statement of potential public benefits and costs accruing to the Ccity if the agreement were entered into; [Source: 18.120.040.A.1]

2. A recommendation as to whether the Ccity should negotiate further with the applicant; [Source: 18.120.040.A.2]

3. A statement whether the application meets the minimum statutory requirements for a development agreement, as set forth in PHMC § 18.120.030.A;established by this Chapter and State law; [Source: 18.120.040.A.3]

4. A statement of issues for further research and investigation, and issues that should be addressed in the development agreement; [Source: 18.120.040.A.4]

5. A statement of those documents, applications, and other items required by the Zzoning Aadministrator in order to further process the application or negotiate with the applicant. [Source: 18.120.040.A.5]
D. Planning Commission Review. Upon completion of the Zoning Administrator’s report, the application, together with recommendations and appropriate environmental review documents, shall be submitted to the Planning Commission. The Upon completion of the report, the proposed development agreementmatter shall be set for a public hearing before the Planning Commission within six months of receiving City Council authorization to negotiate. The City and the applicant may agree to a later date. The Planning Commission will consider the application and forward a recommendation to the city council at its next regularly scheduled meeting. Notice of the hearing shall be given in accordance with PHMC Chapter 18.80. The Ccity Ccouncil in compliance with Section 18.180.xx (Action) shall consider at the hearing whether to authorize city staff to negotiate with the applicant concerning the development agreement. [Source: 18.120.040.B, 18.120.050.B]
E. City Council Review. Upon receipt of the Planning Commission's recommendations, the City Clerk shall set the application and written report of the Planning Commission for a public hearing before the City Council. Following conclusion of the public hearing, the City Council shall act on the application in compliance with Section 18.180.xx (Action) based on the findings identified in Section 18.180.xx (Findings). [Source: 18.120.040] C.

D. Department review and recommendation – Notice and public hearing. [Source: 18.120.050]

1. A. Department review and recommendation. If the city council has directed the staff to proceed with the application under PHMC § 18.120.030, the department shall, at the applicant’s expense, undertake environmental review in accord with city guidelines for CEQA implementation (unless the project is categorically exempt). Upon completion of the review, the department shall transmit the application, together with its recommendations and appropriate environmental review documents, to the planning commission. [Source: 18.120.050.A]
Item 10.1
City Council Meeting Agenda - Page 1675 of 2120 - Monday, April 21, 2025 Part 5 – Zoning Ordinance Administration Chapter 18.180 Revised Preliminary Draft – March 2025
25 E.F. B. Notice ofand Ppublic Hhearing. Within six months following council authorization to staff to negotiate with the applicant, a public hearing shall be scheduled before the planning commission. The city and the applicant may agree to a later date. Notice of the hearings identified in Subsections D. and E., shall be given in the form of a notice of intention to consider approval of a development agreement in compliance with Government Code Section 65867 and Chapter 18.xxx (Noticing Requirements).Notice of intention to consider the application shall be given as provided in PHMC Chapter 18.80. If the application is being processed together with the development project, the public hearing on the application may be held concurrently with the hearing on the project. If the application is being processed together with a development project, notice of the public hearing shall also be given as required for consideration of the development project. [Source: 18.120.050.B, 18.120.070.B]

18.180.05018.180.060 Action
A. Planning Ccommission Recommendationaction.

1. After the public hearing by the Planning Commission, the Planning Commission shall make its recommendation about the application for a development agreement by written resolution to the City Council. The Planning Commission shall not recommend that the City enter into the development agreement unless the Planning Commission makes all the findings established in Section 18.180.xxxAfter the public hearing is closed, the commission shall recommend either approval, modification, or disapproval of the proposed development agreement. (Findings).

1.2. The Planning Ccommission shall transmit its recommendation to the Ccity Ccouncil within 30 calendar days of the close of the Planning Commission public hearing. [Source: 18.120.060]

2. In making its recommendation, the commission shall consider whether the proposal conforms to the general plan and any applicable specific plan, and whether the proposal contains the minimum statutory requirements of Government Code section 65865.2, as set forth in PHMC § 18.120.030.A. [Source: 18.120.060] B. City Ccouncil Aaction.

1. Upon receipt of the application, the results of the environmental review, and the recommendations of the department and the planning commission, the city council shall schedule a public hearing on the application. Notice of intention to consider the application shall be given in the manner set forth in PHMC Chapter 18.80. [Source:

18.120.070.A]

2. If the application is being processed together with the development project, the public hearing on the application may be held concurrently with the hearing on the project. [Source: 18.120.070.B]

1. After the public hearing is closed, the Ccity Ccouncil shall approve, approve with modifmodificationsy, or disapprove deny the proposed development agreement. Any approval of a proposed agreement shall be made by ordinance, which shall authorize the Ccity Mmanager to sign the agreement on behalf of the Ccity, and shall become Item 10.1
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26 effective 30 calendar days after adoption, unless a referendum is filed within that time. [Source: 18.120.070.C]

3. Upon the close of the hearing, the city council shall by resolution either: [Source:

18.120.040.C]
a. Direct city staff to continue negotiating with the applicant, and to prepare a proposed development agreement for planning commission review; or [Source: 18.120.040.C.1]
b. Determine that no further negotiations are desirable and reject the application. [Source: 18.120.040.C.2]

4.2. No agreement shall be signed by the Ccity Mmanager until it has been duly signed by the applicant and property owner, if the applicant is not the property owner. If the applicant has not signed and returned the approved agreement to the Ccity Mmanager for signing within 30 calendar days of City Ccouncil approval, the application is deemed withdrawn by applicant. [Source: 18.120.070.D]

5. Within 10 calendar days after the Ccity Mmanager signs a development agreement and the ordinance becomes effective, the Ccity Cclerk shall submit cause a copy to be recorded in the office of the county recorderof the development agreement to the County Record’s Office for recordation. [Source: 18.120.070.D, modified] Following denial of an application for a development agreement, no new application for the same, or substantially the same, development agreement shall be accepted within one year of the date of denial, unless the denial was made without prejudice. [Source: 18.120.070.E]

18.180.070 Findings
A proposed development n agreement shall not be approved unless the city council finds thatall the following findings are made: [Source: 18.120.070.C]
C.A. The agreement is consistent with the Ggeneral Pplan and with any applicable specific plan; [Source: 18.120.070.C.1]
D.B. The agreement is consistent with this Ttitle, the Municipalcity Ccode, and the State Subdivision Map Act; [Source: 18.120.070.C.2]
E.C. The agreement will not be detrimental to the health, safety, and general welfare; and will not adversely affect the orderly development of property or the preservation of property values; [Source: 18.120.070.C.3]
F.D. The city council has considered the effect of the development agreement on the housing needs of the region in which the Ccity is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources; and [Source:

18.120.070.C.4]
G.E. The city council has considered the statement of potential public benefits and costs accruing to the Ccity was considered. [Source: 18.120.070.C.5]
Item 10.1
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27 18.180.06018.180.080 Annual Review
A. In compliance with Government Code Section 65865.1.A, a development agreement shall be reviewed at least once every 12 months, or more often at the request of the Ccity Ccouncil, Zzoning Aadministrator, or applicant. [Source: 18.120.080.A] B. The purpose of the periodic reviews shall be to determine whether the applicant/contracting party or its successor(s)-in-interest has complied in good faith with the terms or conditions of the development agreement. The burden of proof shall be on the applicant/contracting party or its successor(s) to demonstrate compliance, to the full satisfaction of, and in a manner prescribed by the City.The purpose of the review is to inquire into the good faith compliance of the applicant with the terms of the agreement and for any other purpose specified in the agreement. [Source: 18.120.080.B]
C. Notice.

1. The applicant/contracting party or its successor(s)-in-interest shall initiate the review proceeding by making application to the Zoning Administrator in compliance with this Chapter. [Source: 18.120.080.C]

2. Upon receipt of a complete application, the Zoning Administrator shall begin the review procedures by giving notice that the City intends to undertake a periodic review of the development agreement to the applicant/contracting party or its successor(s)-ininterest, and any person who has filed a written request for notice with the Zoning Administrator. [Source: 18.120.080.C, modified]

1. Before each review, the public works and community development department shall prepare a report on all development that has occurred under the agreement since the last review and any other matters the department wishes to bring to the council’s attention. [Source: 18.120.080.C]

3. If, upon their review, the Zoning Administrator the department recommends modification or termination of the development agreement, a public hearing shall be scheduled before the Pplanning Ccommission on the development agreement. Notice of intention to modify or terminate the development agreement shall be given in the same manner as the initial consideration under PHMC Chapter 18.80application in compliance with this Chapter.

D. Public Hearing Procedures for Development Agreement Reviews.

2.1. Planning Commission Public Hearing. At the hearing, the applicant has the burden of demonstrating good faith compliance with the terms of the agreement. After closing the Planning Commission public hearing,, the Pplanning Ccommission shall determine whether to recommend that the development agreement be terminated, modified, or confirmed as is. [Source: 18.120.080.F]

2. City Council Public Hearing. Upon receipt of the Zzoning Aadministrator’s or pPlanning Ccommission’s recommendation, the Ccity Ccouncil shall schedule a public hearing.

Notice of intention to modify or terminate the development agreement shall be given in the same manner as the initial application in compliance with this Chapter.Notice of Item 10.1
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28 intention to modify or terminate the agreement shall be given in the same manner as the initial consideration under PHMC Chapter 18.80. If, after the public hearing is closed, the Ccity Ccouncil finds and determines on the basis of substantial evidence that the applicant or its successor in interest has not complied in good faith with the terms of the agreement, the Ccity Ccouncil may terminate or modify the agreement or impose penalties as provided in the agreement in compliance with Government Code Section 65865.1may modify or terminate the agreement. Any modification or termination must be done by ordinance, and is subject to Government Code section 65867.5. [Source: 18.120.080.G-E]

18.180.07018.180.090 Amendment or Cancellation
The development agreement may be amended or canceled:

A. (A) Tto comply with later enacted Ffederal or Sstate laws or regulations, under Government Code section 65869.5; or
B. B(B) by mutual consent, under Government Code section 65868; or A.C. Fr (C) following Ccity’s periodic review, under Government Code section 65865.1. Notice of intention to take any such action shall be given in the manner provided for the initial consideration, under PHMC Chapter 18.80,in compliance with this Chapter, except that the parties may set forthestablish an alternative procedure in the agreement for processing insubstantial amendments. Any significant amendment is subject to Government Code section 65867.5, which provides that the decision be adopted by ordinance. [Source: 18.120.090]

18.180.08018.180.100 Administration
The Zzoning Aadministrator shall receive, review, process, and prepare, together with recommendations for Commission and Board consideration, all applications for development agreements.prepare and adopt such application forms, checklists, and other documents as considered necessary to implement these procedures and requirements. [Source: 18.120.100, ] Item 10.1
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29 Chapter 18.185
Enforcement
Item 10.1
City Council Meeting Agenda - Page 1680 of 2120 - Monday, April 21, 2025 Chapter 18.185 Enforcement
30 Chapter 18.185 Enforcement
Sections

18.185.010 Purpose and Intent

18.185.020 Public Nuisance

18.185.030 Permits, Licenses, Certificates, and Approvals

18.185.040 Enforcement Responsibilities

18.185.050 Revocation or Modification of Discretionary Permits

18.185.060 Public Hearing and Other Violations

18.185.070 Penalties

18.185.080 Notice of Violation

18.185.010 Purpose and Intent
This Chapter provides procedures that are intended to ensure compliance with the requirements of this Title and the conditions of permit approval. [Source: NEW]

18.185.01018.185.020 Public Nuisance
A violation of any provision of this Ttitle is a public nuisance and may be abated pursuant to the provisions of PHMCin compliance with Chapter 7.05 (Public Nuisances) of the Municipal Code or any other remedy available by law. [Source: 18.135.010]

18.185.02018.185.030 Permits, Licenses, Certificates, and Approvals A permit, license, certificate, or approval granted in conflict with thea provisions of tthis Title is void. [Source: 18.135.020]

18.185.03018.185.040 Enforcement Responsibilities
The Zzoning Aadministrator is responsible for enforcing the terms of discretionary permits and their conditions under this Ttitle. The chief Bbuilding Oofficial is responsible for enforcing this Ttitle pertaining to the erection, construction, reconstruction, moving, conversion, alteration, or addition to any building or structure. All other officers of the Ccity officers are responsible for enforcing provisions related to their areas of responsibility. [Source: 18.135.030]

18.185.04018.185.050 Revocation or Modification of Discretionary Permits A. Duties of Zzoning Aadministrator. If the Zzoning Aadministrator determines there are grounds for revocation or modification of a Zzoning pPermit, Hhome Ooccupation Ppermit, Uuse Ppermit, Vvariance, Ddevelopment Pplan approval, Aarchitectural Rreview Ppermit, or other discretionary approval authorized by this Ttitle, the Zzoning Aadministrator shall schedule a revocation hearing before whichever person or body review authority took final action on the permit. [Source: 18.135.040.A]
Item 10.1
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31 B. Notice and of Ppublic Hhearing. Notice shall be given in the same manner required for a public hearing to consider approval and in compliance with Chapter 18.xxx (Noticing Requirements).

If no notice is required for the permit, then none is required for the revocation or modification hearing, except that notice shall be mailed to the permittee at least 10 calendar days before the hearing. The contents of the notice shall be as prescribed by PHMC Chapter 18.80. [Source: 18.135.040.B]
C. Public Hearing. The person or bodyreview authority conducting the public hearing shall hear testimony of Ccity staff, the permittee, and any other interested person. A public hearing may be continued to a specific date and time without additional public notice. [Source:

18.135.040.C]
D. Required Ffindings. The person or bodyreview authority conducting the hearing may revoke or modify the permit upon making one or more of the following findings: [Source: 18.135.040.D]

1. The permit was issued on the basis of erroneous or misleading information or misrepresentation; [Source: 18.135.040.D.1]

2. The use or the user is in violation of a condition of approval of the permit, or other laws or regulations, including but not limited to the Mmunicipal Ccode; or [Source:

18.135.040.D.2]

3. The use is being conducted contrary to the public health, safety, and welfare. [Source:

18.135.040.D.3]
E. Decision and Nnotice. Within 10 calendar days of the conclusion of the hearing, Tthe applicable person or bodyreview authority that conducted the hearing shall render a decision and shall mail notice of the decision to the permittee and to any other person who has filed a written request for such notice within 10 calendar days after the conclusion of the public hearing. [Source: 18.135.040.E]
F. Effective Ddate – Appeals. A decision to revoke a discretionary permit becomes final 10 calendar days after the notice of the decision is mailed, unless appealed. [Source:

18.135.040.F]
G. Other Rremedies. The Ccity’s right to revoke a discretionary permit is in addition to any other remedy allowed by law. [Source: 18.135.040.G]

18.185.05018.185.060 Public Hearing and Other Violations If the Zzoning Aadministrator has reason to believe a violation of this Ttitle exists, the Zzoning Aadministrator may direct the violator or property owner and violatoror both to appear before the Zzoning Aadministrator to show cause why the Ccity should not proceed with enforcement action.

Notice of the possible violation and the time and place of the hearing shall be mailed to the violator or property owner and violator and any other interested person at least 10 calendar days before the public hearing. The contents of the notice shall be as set forth in PHMC Chapter 18.80. [Source: 18.135.050] At the public hearing, the Zzoning Aadministrator shall consider the testimony of the Ccity staff, the violator, the property owner and any other interested person. The Zzoning Aadministrator may make a finding as to whether or not a violation of this Ttitle exists, and may recommend to the City staff and to Item 10.1
City Council Meeting Agenda - Page 1682 of 2120 - Monday, April 21, 2025 Chapter 18.185 Enforcement
32 the property owner one or more courses of action. The Zzoning Aadministrator may , in his or her discretion, refer the matter directly to the Pplanning Ccommission. [Source: 18.135.050]

18.185.06018.185.070 Penalties
A person who violates a provision of this Ttitle, including the failure to secure a zoning permit or comply with a condition of approval, is subject to the criminal penalties set forthestablished in PHMC Chapter

1.30 (Criminal Penalties – Infraction Citations) of the Municipal Code. Payment of a fine or penalty does not relieve a person from the responsibility of correcting the violation. [Source: 18.135.060]

18.185.07018.185.080 Notice of Violation
A. If property in the Ccity exists in violation of this Ttitle, and the violator or property owner and violator fails or refuses to correct the violation, the Ccity may record a notice of violation against the affected property. [Source: 18.135.070.A]
B. Before recording such a notice, the Ccity shall do all of the following: [Source: 18.135.070.B]

1. The Zzoning Aadministrator shall send written notice to the current property owner and violator that a violation exists and request that the owner correct the violationthe violation be corrected within a specific, reasonable period of time. The Zzoning Aadministrator may , in his or her discretion, send more than one notice and conduct an informal show cause hearing to discuss the violation with the property owner and violator. [Source: 18.135.070.B.1]

2. If the property owner or violator fails or refuses to correct the violation within the time specified, the Zzoning Aadministrator shall mail to the propertycurrent owner and violator by regular first class and by certified mail a notice of intention to record a notice of violation, describing the real property in detail, naming the property owner(s), describing the violation in detail (including relevant Mmunicipal Ccode sections), and stating that an opportunity will be given to the property owner and violator to present evidence. The notice shall specify a time, date, and place for a Pplanning Ccommission public hearing at which the owner may present evidence to the planning commissionas to why the notice should not be recorded. The public hearing shall take place no sooner than 30 calendar days and no later than 60 calendar days from the date of mailing. [Source: 18.135.070.B.2]

3. The Pplanning Ccommission shall hear the matter on the date scheduled. If, after the property owner, andviolator, and the Ccity staff have presented evidence, the Planning Ccommission determines that there is no violation, the Zzoning Aadministrator shall mail a clearance letter to the propertycurrent owner and violator. If the property owner and violator fails to appear, or the Planning Ccommission determines that there is a violation, the Planning Ccommission may, by resolution, direct the Zzoning Aadministrator to record the notice of violation with the Ccounty Rrecorder’s Office. [Source: 18.135.070.B.3]

4. The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in the property, under California Civil Code Ssections 1213 and 1215. [Source: 18.135.070.B.4]
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33 5. If the property owner and violator corrects the violation after the notice has been recorded and has notified the Ccity in writing and consented to an inspection to confirm the correction, the Zzoning Aadministrator shall record a release or cancellation of the notice of violation. [Source: 18.135.070.B.5]
Item 10.1
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34 Chapter 18.190
Nonconforming Provisions
Item 10.1
City Council Meeting Agenda - Page 1685 of 2120 - Monday, April 21, 2025 Part 5 – Zoning Ordinance Administration Chapter 18.190 Revised Preliminary Draft – March 2025
35 Chapter 18.190 Nonconforming Provisions
Sections

18.190.010 Purpose and Applicability

18.190.020 Determination and Proof of Nonconforming Status

18.190.030 Nonconforming Lots

18.190.040 Nonconforming Structures

18.190.050 Nonconforming Uses

18.190.060 Nonconforming Signs

18.190.010 Purpose and Applicability
A. Purpose. The Chapter provides provisions for the continuance, maintenance, and repair of nonconformities under specific circumstances. [Source: NEW] B. Intent. The provisions of this Chapter are intended to:

1. Limit the number and extent of nonconformities existing at the time of adoption of this Title or created by the adoption of this Title; [Source: NEW]

2. Limit the extent to which nonconforming lots, structures, uses, and signs are altered, maintained, repaired, reestablished, and/or continued; and [Source: NEW]

1.3. Ensure that nonconformities do not create any health, life, and/or safety issues. [Source: NEW]

18.190.020 Determination and Proof of Nonconforming Status Property Owner’s Responsibility. The property owner has the burden to provide evidence of the legality of the nonconformity. Said evidence may include, but is not limited to, a previously approved land use entitlement from the City, business license, certificate of occupancy, or utility billing records. [Source:

NEW]

18.190.02018.190.030 Nonconforming Parcels and Lots
A legally created lot having a width or area less than required for the base zoning district standards in which it islot is located may be occupied by a permitted or conditionally permitted use if it has a width of 25 feet or more and an area of 2,500 square feet or more; provided, that on the effective date of regulations that made it substandard, it was in single ownership separate from any abutting lot. No substandard lot may be further reduced in area or width, and a substandard lot is subject to the same yard setback and density requirements as a standard lotestablished by the base zoning district. One dwelling unit may be located on a substandard lot that meets the requirements of this Ssection. [Source:

18.50.030]
Item 10.1
City Council Meeting Agenda - Page 1686 of 2120 - Monday, April 21, 2025 Chapter 18.190 Nonconforming Provisions
36 18.190.03018.190.040 Nonconforming Structures
A. Continuation and Mmaintenance. A structure that was lawfully erected but which does not conform with the currently applicable requirements and standards for setbacksyard spaces, height of structure, or distance between structures prescribed established by the base zonein the district regulations is a nonconforming structure and may be used and maintained, except as otherwise provided in this Cchapter. A nonconforming structure is also subject to the e Uniform Building Code, Section 104(c) and PHMC § 18.20.040.D. and all other applicable provisions established in this Title [Source: 18.65.030.A] B. General Rregulations. The following regulations apply to each nonconforming structure:
[Source: 18.65.030.B]

1. Routine maintenance and repairs may be performed on a nonconforming structure. [Source: 18.65.030.B.1]

2. No nonconforming structure shall be altered or enlarged unless required by law, or unless the alteration or enlargement conforms to the standards of the base zoning district in which the structure is located. [Source: 18.65.030.B.2]

3. An applicant for a Zzoning Ppermit in a nonresidential zoning district for occupancy of a site or structure that is nonconforming due to lack of one of the following shall present a schedule for elimination or substantial reduction of these nonconformities over a period not exceeding five years. The zoning administrator may require that priority be given to elimination of nonconformities that have a significant adverse impact on surrounding properties and shall not require a commitment to remove nonconformities that have a minor impact and would be costly to eliminate due to the configuration of the site and the location of existing structures. [Source: 18.65.030.B.3]:
a. screening of mechanical equipment;
b. required walls or fences to screen parking;
c. required paving for driveways; or
a.d. required planting areas.; shall present a schedule for elimination or substantial reduction of these nonconformities over a period not exceeding five years. The zoning administrator may require that priority be given to elimination of nonconformities that have a significant adverse impact on surrounding properties, and shall not require a commitment to remove nonconformities that have a minor impact and would be costly to eliminate due to the configuration of the site and the location of existing structures. [Source: 18.65.030.B.3] C. Restoration. [Source: 18.65.030.C]

2. If a nonconforming structure is destroyed by fire or other calamity or is voluntarily razed or is required by law to be razed, to an extent greater than 50 percent%, the structure Item 10.1
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37 shall not be restored except in full conformity with the regulations for the base zoning district in which it is located. However, a residential structure in an residential zoning district that does not conform to yard setbacks, height, or number of stories, or a residential garage that does not conform to the minimum dimensional limits may be reconstructed with the same floor area, provided there is no increase in any nonconformity, and upon issuance of a Uuse Ppermit by the zoning administrator.in compliance with Chapter 18.xx (Use Permits). [Source: 18.65.030.C.2]

3. The extent of damage or partial destruction under Ssubsection C.1 or C.2 of this Ssection shall be based upon the ratio of the estimated cost of restoring the structure to its condition before the damage or partial destruction to the estimated cost of duplicating the entire structure as it existed before the damage or partial destruction.

Estimates for this purpose shall be made by or shall be reviewed and approved by the Bchief building Oofficial. [Source: 18.65.030.C.3]

4. Notwithstanding the requirements of this Ssubsection C, a structure, or any portion of it, which is legally existing as of February 24, 2010, and which is located within a creek setback area under PHMC § 18.50.150.Aestablished in Chapter 18.__ (Creek Setbacks) may be replaced in kind if the property owner obtains a Bbuilding Ppermit within 18 months (within the same building footprint and without increasing the degree of nonconformity) without the requirement of a Uuse Ppermit under this section. [Source: 18.65.030.C.4]

5. Notwithstanding the requirements of PHMC § 18.20.050standards established in Section 18.xxx.xxx (Accessory Structure), an accessory structure, or any portion of it, which is legally existing as of September 28, 2011, which exceeds the allowable height and/or size only, may be replaced or reconstructed in kind without the requirement of a Uuse Ppermit under this section (refers to the nonconforming structure provisions of the zoning ordinance) if the property owner obtains a Bbuilding Ppermit within 18 months of the voluntary or involuntary destruction of the structure; and provided, that the replacement structure will not exceed the height, floor area, lot coverage, or otherwise increase the degree of nonconformity of the original structure. [Source:

18.65.030.C.5]

6. Notwithstanding the requirements of this Ssubsection C, a care facility, large, licensed or unlicensed, which is legally existing within any single-family residential zone district as of June 20, 2012, may be replaced in kind if the property owner obtains a Bbuilding Ppermit within 18 months (within the same building footprint and without increasing the degree of nonconformity or intensity of use) without the requirement of a Uuse Ppermit under this section. [Source: 18.65.030.C.6]

18.190.04018.190.050 Nonconforming Uses
A. Continuation and Mmaintenance. Use of a structure or land that was lawfully established and maintained, but which does not conform to current use regulations is a nonconforming use and may be continued, except as otherwise provided in this Cchapter. [Source: 18.65.020.A] Item 10.1
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38 B.A. A use that does not conform with the parking dimension standards, loading, planting area, or screening regulations of the base zoning district in which it is located is not deemed a nonconforming use solely because of these nonconformities. [Source: 18.65.020.A] C.B. General Rregulations. The following regulations apply to each nonconforming use: [Source:

18.65.020.B]

1. There may be no increase or enlargement of the area, space, or volume occupied and used. [Source: 18.65.020.B.1]

2. There may be no change in the nature or character of the nonconforming use. [Source:

18.65.020.B.2]

3. If the nonconforming use is replaced by a conforming use, the nonconforming use is automatically terminated. [Source: 18.65.020.B.3]

4. If the nonconforming use discontinues active operation for a continuous period of 180 calendar days, the nonconforming use terminates and the facilities accommodating or serving such activity shall thereafter be utilized used only for uses permitted or conditionally permitted by the base zoning district. This provision does not apply to a nonconforming dwelling unit. [Source: 18.65.020.B.4] D.C. Modification of Ggeneral Rregulations. The regulations in Subsection B of this Section may be modified upon the issuance of a Use Permit in compliance with Chapter 18.XXX (Use Permits and Minor Use Permits), if the modification will result in the elimination or substantial reduction of the nonconformity. [Source: 18.65.020.C]
E.D. Restoration. A nonconforming use located in a nonconforming building may be resumed after the destruction of the nonconforming building if the nonconforming building is restored in compliance with Subsection 18.190.040.C (Restoration). [Source: 18.65.020.D] F.E. Revocation of Nonconforming Use. The Planning Commission may revoke the nonconforming use granted by Subsection A of this Section if it makes any of the following findings: [Source:

18.65.020.E]

1. The use is exercised so as to be detrimental to the public health or safety, or so as to be a public nuisance. [Source: 18.65.020.E.1]

2. The nature of the improvements are such that they can be altered so as to permit the use of the property in conformity with the uses permitted in the land use district in which the property is located without impairing the constitutional rights of the owner or occupant. [Source: 18.65.020.E.2]

3. The improvement which exists on the property is such that to require the property to be used only for uses permitted in the applicable land use district would not impair the constitutional rights of the owner or occupant. [Source: 18.65.020.E.3]

18.190.05018.190.060 Nonconforming Signs
A. Continuation. A nonconforming sign or sign structure that was lawfully erected or displayed but that does not conform with currently applicable requirements is a nonconforming sign and may be displayed, except as otherwise provided in this Cchapter. [Source: 18.65.040.A] Item 10.1
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39 B. General Rregulations. The following regulations apply to each nonconforming sign: [Source:

18.65.040.B]

1. No nonconforming sign shall be moved or enlarged unless the new location or enlargement conforms to the regulations for the zoning district in which the sign is located. [Source: 18.65.040.B.1]

2. A nonconforming sign that has been more than 50 percent% destroyed shall be removed. A nonconforming sign that has been less than 50 percent% destroyed, as determined by the Bchief building Oofficial (and the destruction is other than facial copy replacement), may be restored if construction begins within 90 calendar days of destruction. If construction does not begin within 90 calendar days, the owner shall remove the sign. [Source: 18.65.040.B.2]

3. An owner of a nonconforming sign is required to make the sign conform to the requirements of this chapter if the owner proposes: [Source: 18.65.040.B.3] a. To alter the sign, other than a change in sign copy; or [Source:

18.65.040.B.3.a]
b. To expand or enlarge the building or land use where the sign is located, and the sign is affected by the construction, alteration or enlargement, and the cost of alterations to the sign exceeds 50 percent% of the replacement cost of the sign, as determined by the Bchief building Oofficial. [Source: 18.65.040.B.3.b] Item 10.1
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40 Chapter 18.195
Noticing Requirements
Item 10.1
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41 Chapter 18.195 Noticing Requirements
Sections

18.195.010 General Notice Requirements

18.195.020 Contents of Notice

18.195.030 Summary of Notice Requirements

18.195.010 General Notice Requirements
A. A. General. Whenever a public hearing is required to be held, notice of the public hearing shall be given in accordance compliance with this Cchapter. These requirements are based on the statutory requirements found atestablished in Government Code Ssections 65090 and, 65091, and 65854. Unless stated otherwise, notice must be given at least 10 calendar days before the public hearing, or at least 20 calendar days if for a proposed Zoning Ordinance Amendment that affects the permitted uses of real property. [Source: 18.80.010] B. In addition to the notices sent to the applicant and other property owners under PHMC §

18.80.030, required by this Chapter and State law, notice shall also be mailed or delivered to any person who has filed a written request for notice with the Ccity Cclerk. The Ccity may charge a fee which is reasonably related to the cost of providing this service. Requests for notice must be renewed annually. [Source: 18.80.010]
C. Notice shall also be sent to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected. [Source: 18.80.010] D. The failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the actions of the Ccity for which the notice was given. [Source: 18.80.010] E. A public hearing conducted under this part in compliance with this Chapter and State law may be continued from time to time to a specific date and time, without additional notice. [Source:

18.80.010]
F. In addition to the notice requirements set forth here, the The Zzoning Aadministrator may give notice of a public hearing in any other manner theyhe or she deems necessary or desirable, or when the decision will constitute a substantial and significant deprivation of the property rights of other landowners. [Source: 18.80.010]

18.195.020 Contents of Notice
When a notice of a public hearing is required, the notice shall include the following information: [Source:

18.80.020]
A. A general description (in text or by diagram) of the location of the property that is the subject of the hearing; [Source: 18.80.020.A]
B. A general explanation of the matter to be considered; [Source: 18.80.020.B] Item 10.1
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42 C. The date, time, and place of the public hearing; [Source: 18.80.020.C] D. The identity of the hearing officer or body; [Source: 18.80.020.D] E. A reference to application materials on file for detailed information; [Source: 18.80.020.E] F. A statement that any interested person may appear and be heard; and [Source: 18.80.020.F] G. Other information which is required by statute or specific provisions of this chapter or which the zoning administrator deems necessary or desirable. [Source: 18.80.020.G]

18.195.030 Summary of Notice Requirements
A. Notice of a public hearing shall be given for a particular matter in compliance with Table 18.195- x (Summary of Notice Requirements). [Source: 18.80.030] B. All notices shall be published at least once in a newspaper of general circulation, at least 10 calendar days before the public hearing, or at least 20 calendar days if for a proposed Zoning Ordinance Amendment that affects the permitted uses of real property. [Source:

18.80.030]
B.C. Alternative Noticing. In compliance with Government Code Section 65091, if the number of property owners to whom notice would be mailed is greater than 1,000, the City may instead provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation in the City. The newspaper advertisement shall be in circulation, at least 10 calendar days before the hearing, or at least 20 calendar days if for a proposed Zoning Ordinance Amendment that affects the permitted uses of real property.

Item 10.1
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43 Table 18.195-__
Summary of Notice Requirements
Action Published
Notice
Notice Mailed to
Applicant
Notice Mailed to
Owners Within
300 Feet
Notice Mailed to
Residents
Within 300
Feet(1)
Adult Use
Development
PermitZoning
Permit
X– X– X– X–
Amendment,
Zoning Ordinance

X X X X
Amendment,
Zoning Map

X X X X
Architectural
Review Permit
– X – –
Creek Setback
Exception
– X X X
Development
Agreement
X X X –
Development Plan O X X X
Exception, Minor – X(34) X(34) X(34)
Home Occupation
Permit

O X X X
Master Sign
Program
– X – –
Sign Permit – X – –
Sign Permit,
Temporary
– – – –
Subdivision, Major O X X X
Subdivision, Minor O X X X
Use Permit O X X X
Use Permit, Minor – X X –
Use Permit,
Temporary
– O O –
Variance X X X X
Variance, Minor – X X –
Wireless
Communication
Facility “Section
6409(a)” Permit
– X X –
Zoning Permit – – – –
(-) Not Required
(X) Required
(O) Optional; if deemed significant by Zoning Administrator (1) Pursuant to Government Code section 65091, if the number of owners to whom notice would be mailed is greater than 1,000, the city may instead provide notice by placing a display advertisement of at least oneeighth page in a newspaper of general circulation in the city, at least 10 days before the hearing. (2) Notice shall be given to each resident within 300 feet of the applicant’s property, and to the applicant’s homeowner’s association, if there is one. However, if an apartment, condominium, or other multiple-family housing complex exists within the 300-foot radius, notice may be given only to the resident manager, management firm, or owner, in lieu of sending notice to each resident of the complex. (3) Pursuant to Health and Safety Codeection 1597.46(a)(3), the notice shall be sent only to owners within 100 feet of the exterior boundaries of the proposed use. (34) The Zzoning Aadministrator shall, within 20 calendar days after the application is deemed complete, notify all residents and property owners within 300 feet of the project site, and the Pplanning Ccommission and Ccity Ccouncil, that a decision will be made by the Zzoning Aadministrator to approve or denydisapprove the Mminor Eexception application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision. When a hearing is requested, notice of the hearing shall be provided in complianceaccordance with this Cchapter. When multiple applications are submitted for a single site in conjunction with a request for a minor exception, and when any of these applications require planning commission review, the zoning administrator shall schedule a combined public hearing for all of the applications before the planning commission.

Item 10.1
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44 Item 10.1
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Part 5 – Zoning Ordinance
Administration

REVISED PRELIMINARY DRAFT
MARCH 2025
Table of Contents
CHAPTER 18.165 GENERAL PROVISIONS ................................................................................. 54

18.165.010 General......................................................................................................................... 54

18.165.020 Review and Approval Authority .................................................................................... 54

18.165.030 Projects with Multiple Discretionary Permit Applications ............................................. 65

18.165.040 Completeness of Application........................................................................................ 65

18.165.050 Environmental Review ................................................................................................. 76

18.165.060 Fees and Deposits ..................................................................................................... 109

18.165.070 City Indemnification.................................................................................................... 109 CHAPTER 18.170 AMENDMENTS – GENERAL PLAN, ZONING ORDINANCE, AND ZONING MAP 1211

18.170.010 Purpose and Applicability......................................................................................... 1211

18.170.020 Application and Initiation of Amendments ................................................................ 1211

18.170.030 Report – Notice and Public Hearing......................................................................... 1312

18.170.040 Action ....................................................................................................................... 1312

18.170.050 Findings.................................................................................................................... 1615

18.170.060 Resubmittal of Application........................................................................................ 1615 CHAPTER 18.175 APPEALS AND CALLS FOR REVIEW........................................................ 1918

18.175.010 Purpose .................................................................................................................... 1918

18.175.020 Right to Appeal, Call for Review, Time Limits.......................................................... 1918 Highlight Key
GREEN = Required changes per State Law, General Plan,
and/or Housing Element Consistency
Item 10.1
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2 18.175.030 Initiation .................................................................................................................... 1918

18.175.040 Procedures ............................................................................................................... 2019

18.175.050 Effective Date........................................................................................................... 2019 CHAPTER 18.180 DEVELOPMENT AGREEMENT................................................................... 2221

18.180.010 Purpose .................................................................................................................... 2221

18.180.020 Interpretation of Development Agreement Provisions ............................................. 2221

18.180.030 Eligibility Requirements............................................................................................ 2322

18.180.040 Agreement Contents ................................................................................................ 2322

18.180.050 Filing, Processing, and Review ................................................................................ 2423

18.180.060 Action ....................................................................................................................... 2625

18.180.070 Findings.................................................................................................................... 2726

18.180.080 Annual Review ......................................................................................................... 2827

18.180.090 Amendment or Cancellation..................................................................................... 2928

18.180.100 Administration........................................................................................................... 2928 CHAPTER 18.185 ENFORCEMENT........................................................................................... 3130

18.185.010 Purpose and Intent................................................................................................... 3130

18.185.020 Public Nuisance........................................................................................................ 3130

18.185.030 Permits, Licenses, Certificates, and Approvals........................................................ 3130

18.185.040 Enforcement Responsibilities................................................................................... 3130

18.185.050 Revocation or Modification of Discretionary Permits ............................................... 3130

18.185.060 Public Hearing and Other Violations ........................................................................ 3231

18.185.070 Penalties................................................................................................................... 3332

18.185.080 Notice of Violation .................................................................................................... 3332 CHAPTER 18.190 NONCONFORMING PROVISIONS.............................................................. 3635

18.190.010 Purpose and Applicability......................................................................................... 3635

18.190.020 Determination and Proof of Nonconforming Status ................................................. 3635

18.190.030 Nonconforming Lots ................................................................................................. 3635

18.190.040 Nonconforming Structures ....................................................................................... 3736

18.190.050 Nonconforming Uses................................................................................................ 3837

18.190.060 Nonconforming Signs............................................................................................... 3938 CHAPTER 18.195 NOTICING REQUIREMENTS....................................................................... 4241

18.195.010 General Notice Requirements.................................................................................. 4241

18.195.020 Contents of Notice.................................................................................................... 4241

18.195.030 Summary of Notice Requirements ........................................................................... 4342 Item 10.1
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3 Item 10.1
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4 Chapter 18.165
General Provisions
Item 10.1
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5 Chapter 18.165 General Provisions
Sections

18.165.010 General

18.165.020 Review and Approval Authority

18.165.030 Projects with Multiple Discretionary Permit Applications

18.165.040 Completeness of Application

18.165.050 Environmental Review

18.165.060 Fees and Deposits

18.165.070 City Indemnification

With the exception of Section 6409(a) permits, the Zzoning Aadministrator may, in his or her discretion, refer any of these applications directly to the Pplanning Ccommission. The Zzoning Aadministrator makes recommendations regarding Zzoning Oordinance amendments, development agreements, and any other discretionary approval to be considered by another approval body. [Source: 18.75.020.A]
B. Architectural Rreview Ccommission. The Aarchitectural Rreview Ccommission has the authority to approve Aarchitectural Rreview Ppermits, except for certain limited permits which may be approved by the Zzoning Aadministrator. [Source: 18.75.020.B] C. Planning Ccommission. The Pplanning Ccommission has the authority to approve applications for Ddevelopment Pplans, Uuse Ppermits, Major Subdivisions, and Vvariances (except for Mminor Uuse Ppermits and Mminor Vvariances which are considered by the Zzoning Aadministrator) and to make recommendations to the Ccity Ccouncil regarding Zzoning ordinanceOrdinance Aamendments, Zoning Map Amendments, and Development Agreements. The Pplanning Ccommission also hears appeals from decisions of the Zzoning Item 10.1
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6 Aadministrator. The Pplanning Ccommission has the authority to approve Mmajor Ssubdivisions (under the Ssubdivision Oordinance – Title 17). [Source: 18.75.020.C] C. City Ccouncil. The Ccity Ccouncil has the authority to approve Ddevelopment Aagreements and Zzoning Oordinance Aamendments. The Ccity Ccouncil hears appeals from the Pplanning Ccommission and the Aarchitectural Rreview Ccommission. [Source: 18.75.020.D] D. Additional Permits May Be Required. A land use or development project must comply with all applicable permit requirements or exemptions under this Zoning Ordinance, the Municipal Code, and any relevant permits from other agencies. All necessary permits shall be secured before initiating any work, establishing a new use, or as otherwise specified by law. [Source:

18.75.030.A]
If the determination is not made within 30 calendar days, and the application includes a statement that it is an application for a development permit (seeas that term is used in Government Code Ssections 65927 and 65943), the application shall be deemed complete. [Source: 18.75.030.A]
B. Resubmittal. Except as may otherwise be required by law, upon any resubmittal of an application determined not to be complete, a new 30 calendar -day period shall begin for determining whether the application is complete. The Ccity shall determine in writing whether the resubmitted materials are complete and shall notify the applicant. If the written determination is not made within that 30 calendar -day period, the application together with the Item 10.1
City Council Meeting Agenda - Page 1701 of 2120 - Monday, April 21, 2025 Part 5 – Zoning Ordinance Administration Chapter 18.165 Revised Preliminary Draft – March 2025
7 submitted materials shall be deemed complete. Applications for wireless telecommunications facilities shall be subject to the resubmittal requirements set forthestablished in applicable Ffederal and Sstate law. [Source: 18.75.030.B]
C. Time Pperiod Eextensions. Nothing in this Ssection precludes an applicant and the Ccity from mutually agreeing to extend any time period provided by this Cchapter. [Source: 18.75.030.C]

2. Exempt Projects.
a. If the responsible review authority has determined that a project is exempt from environmental review under CEQA, such determination shall be supported with necessary written findings and substantial evidence and included in any public notice required for the project. The notice shall include a citation to the applicable statute or CEQA Guideline section under which it is found to be exempt. [Source: NEW]
b. Within 60 calendar days after adoption of the project is determined exempt from CEQA, the applicable review authority shall approve, approve with modifications, or deny the project. This period may be extended for up to 90 Item 10.1
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8 calendar days with a written agreement between the City and applicant. The CEQA determination and the review authority’s formal action on the land use or entitlement may be heard at the same public hearing. See Government Code Section 65950(a)(5). [Source: NEW]
c. Following approval of a project that is exempt from CEQA review, the Zoning Administrator or the applicant may file a Notice of Exemption with the County Clerk’s Office. The applicant for a project shall be responsible for any fees required to file such notice. [Source: NEW]

18.165.050.E. (Preparation of an Initial Study). [Source: NEW] E. Preparation of an Initial Study. An Initial Study required by this Section shall comply with the following:

2.4. Based on the Initial Study, the Zoning Administrator shall make one of the following findings and prepare the appropriate environmental documentation as established:
a. The project will have "no significant impacts" on the environment, and a Negative Declaration will be prepared in compliance with CEQA and Subsection 18.165.050.F (Preparation of Negative Declarations); b. The project has been modified to mitigate potential environmental impacts to a level of insignificance and a Mitigated Negative Declaration will be prepared in compliance with CEQA and Subsection 18.165.050.F (Preparation of Negative Declarations);
Item 10.1
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9 c. The project is within the scope of a Master EIR or other appropriate document authorized by CEQA, no additional significant environmental effect will result, and no additional mitigation measures or alternatives may be required; or d. The proposed project will have, or may have, significant impact(s) and an EIR will be prepared in compliance with CEQA and Subsection 18.165.050.G (Preparation of EIRs).

F. Preparation of Negative Declarations. A Negative Declaration or Mitigated Negative Declaration required by this Section shall comply with the following:

1. Negative Declarations and Mitigated Negative Declarations shall be adopted 180 calendar days after the Zoning Administrator deems the application complete.

This period may be extended for up to 90 calendar days with a written agreement between the City and applicant. [Source: NEW]

3. If, however, the decision to certify the EIR is not made within the 12 months after the application is deemed complete but is extended in compliance with Public Resources Code Section 21151.5, the applicable review authority shall decide whether to approve or deny the project within 90 calendar days after EIR certification. This period may be extended once for up to 90 calendar days. [Source: NEW] Item 10.1
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10 18.165.05018.165.060 Fees and Deposits
Each person submitting an applicationapplying for a permit, or filing an appeal, under this Cchapter shall pay the required fees and deposits as established by the Master Fee Schedulecity council resolution. [Source: 18.75.050]

18.75.060]
Item 10.1
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11 Chapter 18.170
Amendments – General Plan
Zoning Ordinance, and Zoning
Map
Item 10.1
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Zoning Ordinance, and Zoning Map
12 Chapter 18.170 Amendments -– General Plan, Zoning
Ordinance, and Zoning Map
Sections

18.170.010 Purpose and Applicability

18.170.020 Application and Initiation of Amendments

18.170.030 Report – Notice and Public Hearing

18.170.040 Action

18.170.050 Findings

18.170.060 Resubmittal of Application

18.170.020 Application and Initiation of Amendments
A. General Plan. An amendment to the General Plan shall be applied for and initiated as follows:

2. Maximum Number of General Plan Amendments. In compliance with Government Code Section 65358 et seq., no mandatory element of the General Plan shall be amended more frequently than four times during any calendar year. Subject to that limitation, the General Plan amendment may be made at any time, as determined by the City. Each amendment may include more than one change to the General Plan. [Source: NEW]
A.B. Zoning Mmap. An amendment to the Zoning Map may be initiated by motion of the City Council or Planning Commission, action of the Zoning Administrator, or by request of all owners of the property for which the change is sought. A Zoning Map amendment shall be initiated by submitting a complete application to the Zoning Administrator in the form approved by the Planning Division.An amendment to the zoning map may be initiated by motion of the city Item 10.1
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13 council or planning commission, action of the zoning administrator, or by request of all owners of property for which the change is sought. [Source: 18.125.020.A] C. Zoning Ordinanceregulations. An amendment to the Zzoning Ordinanceregulations may be initiated by motion of the Ccity Ccouncil or the Pplanning Ccommission, action of the Zzoning Aadministrator, or by request of any resident, property owner or business owner in the Ccity.

18.170.05018.170.040 Action
A. Planning Ccommission Recommendationaction. [Source: 18.125.050] Item 10.1
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Zoning Ordinance, and Zoning Map
14 1. Public Hhearing. In compliance with Government Code Sections 65353 et seq. and 65853, aAt the public hearing, the Pplanning Ccommission shall consider the report from the Zzoning Aadministrator, including the Zoning Administrator’s recommendation, and shall hear evidence for and against the proposed General Plan, Zoning Ordinance or Zoning Map amendment. The Pplanning Ccommission may continue the public hearing to a definite date and time without additional notice. [Source: 18.125.050.A]

18.125.070, and shall recommend approval, conditional approval, or denial of the proposal as submitted or in modified form. [Source: 18.125.050.B]

18.125.050.C]
B. City Ccouncil Aaction.

18.170.xxx (Findings and Decision). commission recommendation; provided, that a modification not previously considered by the commission shall be referred to the Item 10.1
City Council Meeting Agenda - Page 1709 of 2120 - Monday, April 21, 2025 Part 5 – Zoning Ordinance Administration Chapter 18.170 Revised Preliminary Draft – March 2025
15 commission for a report before adoption of an ordinance amending the zoning regulations or map. [Source: 18.125.060.C]

18.125.060.C, 18.125.080.A]
ii. The Planning Commission shall not be required to hold a public hearing on the referral. [Source: 18.125.060.C, 18.125.080.A] i.iii. Failure of the Planning Commission to report back to the City Council within 45 calendar days after the City Council referral, or a longer period as may be designated by the City Council, shall be deemed that the Planning Commission’s recommendation is for approval of the Item 10.1
City Council Meeting Agenda - Page 1710 of 2120 - Monday, April 21, 2025 Chapter 18.170 Amendments – General Plan
Zoning Ordinance, and Zoning Map
16 proposed amendment in compliance with Government Code Sections 65356 and 65857. [Source: 18.125.060.C, 18.125.080.A]

18.170.050 Findings
An amendment to the General Plan, Zoning Ordinance, or Zoning Map may be approved only if all the following findings are made, as applicable to the type of amendment. [Source: NEW] A. General Findings. The following findings shall be made for all amendments:

1. The proposed amendment(s) complies with the provisions of the California Environmental Quality Act (CEQA). [Source: NEW]

2. The proposed amendment(s) complies with the limitations on residential rezoning established in Subsection 18.170.060.X (Limitation on Residential Rezoning). [Source:

3.1. Development of the area or property to be rezoned shall not have significant growthinducing impacts on existing residential neighborhoods; [Source: 18.125.070.A]

4.2. Development of the area or property to be rezoned shall not have a significant traffic impact on existing residential neighborhoods; and [Source: 18.125.070.B]

5.3. Development of the area or property to be rezoned shall not have a significant noise impact on existing residential neighborhoods. [Source: 18.125.070.C]

18.170.07018.170.060 Resubmittal of Application
Following the denial of an application or request for an amendment to the zoning regulations or the zoning map General Plan, Zoning Ordinance, or Zoning Map amendment application, no new application or request for the same, or substantially the same, proposed amendment shall be accepted Item 10.1
City Council Meeting Agenda - Page 1711 of 2120 - Monday, April 21, 2025 Part 5 – Zoning Ordinance Administration Chapter 18.170 Revised Preliminary Draft – March 2025
17 within one year12-months of the date of denial, unless the denial was made without prejudice. [Source:

18.125.090]
Item 10.1
City Council Meeting Agenda - Page 1712 of 2120 - Monday, April 21, 2025 Chapter 18.175 Appeals and Calls for Review
18 Chapter 18.175
Appeals and Calls for Review
Item 10.1
City Council Meeting Agenda - Page 1713 of 2120 - Monday, April 21, 2025 Part 5 – Zoning Ordinance Administration Chapter 18.175 Revised Preliminary Draft – March 2025
19 Chapter 18.175 Appeals and Calls for Review
Sections

18.175.010 Purpose

18.175.020 Right to Appeal, Call for Review, Time Limits

18.175.030 Initiation

18.175.040 Procedures

18.175.050 Effective Date

18.175.010 Purpose.

The purpose of this Chapter is to establish procedures for the appeal of determinations and decisions made by the Zoning Administrator, Architectural Review Commission, and Planning Commission.

18.130.020.A]
B. Call for Rreview. A call for review shall be filed with the Zzoning Aadministrator and shall state the reasons for such review. [Source: 18.130.020.B]
C. Effective DateCalls for Review. A decision that is appealed or called up for review does not become effective until the appeal or review is resolved. [Source: 18.130.020.C] Item 10.1
City Council Meeting Agenda - Page 1714 of 2120 - Monday, April 21, 2025 Chapter 18.175 Appeals and Calls for Review
20 18.175.03018.175.040 Procedures
A. Hearing Ddate. An appeal or call for review shall have the be scheduled for a public hearing occurs before the appellate body within 6045 calendar days of the city’s Zoning Administrator’s receipt of the appeal or call for review, unless both applicant, and appellant and City consent to a later date. [Source: 18.130.030.A]
B. Notice and Ppublic Hhearing. An appeal or review hearing shall be a public hearing if the decision being appealed or reviewed requires a public hearing. Notice of the public hearing shall be given in the manner required for the initial decision and shall comply with Chapter

18.130.030.F]

18.175.04018.175.050 Effective Date
A decision by the Ccity Ccouncil regarding an appeal or call for review becomes final on the date of the decision. A decision by the Pplanning Ccommission or Aarchitectural Rreview Ccommission regarding an appeal or review becomes final 10 calendar days after the date the notice of decision is mailed, unless appealed to the Ccity Ccouncil. [Source: 18.130.040] Item 10.1
City Council Meeting Agenda - Page 1715 of 2120 - Monday, April 21, 2025 Part 5 – Zoning Ordinance Administration Chapter 18.180 Revised Preliminary Draft – March 2025
21 Chapter 18.180
Development Agreement
Item 10.1
City Council Meeting Agenda - Page 1716 of 2120 - Monday, April 21, 2025 Chapter 18.180 Development Agreement
22 Chapter 18.180 Development Agreement
Sections

18.180.010 Purpose

18.180.020 Interpretation of Development Agreement Provisions

18.180.030 Eligibility Requirements

18.180.040 Agreement Contents

18.180.050 Filing, Processing, and Review

18.180.060 Action

18.180.070 Findings

18.180.080 Annual Review

18.180.090 Amendment or Cancellation

18.180.100 Administration

18.120.010]

A. The provisions of Government Code Sections 65864-65869.5; B. The provisions of this Chapter; and
A.C. The plain terms of the development agreement itself. [Source: NEW] Item 10.1
City Council Meeting Agenda - Page 1717 of 2120 - Monday, April 21, 2025 Part 5 – Zoning Ordinance Administration Chapter 18.180 Revised Preliminary Draft – March 2025
23 18.180.02018.180.030 Eligibility Application Requirements Equitable Interest. Person(s) having a legal or equitable interest in real property may propose to enter into a development agreement if all the following criteria are met:

18.120.020]

18.120.030.A]

NEW]

3. Provide for a tiered modification/amendment review procedure that may incorporate the following:
a. Zoning Administrator approval for minor modifications; b. Planning Commission approval for major modifications; and a.c. City Council approval for major amendments. [Source: NEW] B. Optional Contents. A development agreement may contain the applicable provisions identified below, in compliance with Government Code Section 65865.2A development agreement may:
[Source: 18.120.030.B]
Item 10.1
City Council Meeting Agenda - Page 1718 of 2120 - Monday, April 21, 2025 Chapter 18.180 Development Agreement
24 1. Include conditions, terms, restrictions, and requirements for subsequent discretionary actions; provided, that such conditions, terms, restrictions, and requirements shall not prevent development of the land for the uses and to the density or intensity of development set forthestablished in the agreement; [Source: 18.120.030.B.1]

2. Provide that construction shall be commenced within a specified time and that the project or any phase be completed within a specified time; [Source: 18.120.030.B.2]

3. Include terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time; [Source: 18.120.030.B.3]

5. Provide for specific penalties for failure to perform. [Source: 18.120.030.B.5]

18.180.04018.180.050 Filing, Processing, and Review
A. Filing. The applicant shall submit a complete application for a development agreement to the Zoning Administrator in the form approved by the Planning Division. [Source: NEW] A.B. Review processAuthorization to Negotiate. . City staff shall not begin to negotiate with the applicant until the Ccity Ccouncil has so authorized City staff, following completion of the application review process as set forth below. [Source: 18.120.040] B.C. Zoning Administrator Review. The Zzoning Aadministrator, upon receipt of City Council’s authorization, shall review the development agreement proposalapplication, undertake environmental review in compliance with Section 18.165.050 (Environmental Review), consult with all applicable Ccity departments, and obtain such additional information from the applicant as may be deemed necessary by the zoning administrator. Within 45 calendar days of receipt Item 10.1
City Council Meeting Agenda - Page 1719 of 2120 - Monday, April 21, 2025 Part 5 – Zoning Ordinance Administration Chapter 18.180 Revised Preliminary Draft – March 2025
25 of the application, the Zzoning Aadministrator shall prepare a report to the city council containing their zoning administrator’s recommendation. The recommendation shall consist of the following: [Source: 18.120.040.A, 18.120.050.A]

1. A statement of potential public benefits and costs accruing to the Ccity if the agreement were entered into; [Source: 18.120.040.A.1]

2. A recommendation as to whether the Ccity should negotiate further with the applicant; [Source: 18.120.040.A.2]

4. A statement of issues for further research and investigation, and issues that should be addressed in the development agreement; [Source: 18.120.040.A.4]

D. Department review and recommendation – Notice and public hearing. [Source: 18.120.050]

1. A. Department review and recommendation. If the city council has directed the staff to proceed with the application under PHMC § 18.120.030, the department shall, at the applicant’s expense, undertake environmental review in accord with city guidelines for CEQA implementation (unless the project is categorically exempt). Upon completion of the review, the department shall transmit the application, together with its recommendations and appropriate environmental review documents, to the planning commission. [Source: 18.120.050.A]
Item 10.1
City Council Meeting Agenda - Page 1720 of 2120 - Monday, April 21, 2025 Chapter 18.180 Development Agreement
26 E.F. B. Notice ofand Ppublic Hhearing. Within six months following council authorization to staff to negotiate with the applicant, a public hearing shall be scheduled before the planning commission. The city and the applicant may agree to a later date. Notice of the hearings identified in Subsections D. and E., shall be given in the form of a notice of intention to consider approval of a development agreement in compliance with Government Code Section 65867 and Chapter 18.xxx (Noticing Requirements).Notice of intention to consider the application shall be given as provided in PHMC Chapter 18.80. If the application is being processed together with the development project, the public hearing on the application may be held concurrently with the hearing on the project. If the application is being processed together with a development project, notice of the public hearing shall also be given as required for consideration of the development project. [Source: 18.120.050.B, 18.120.070.B]

18.180.05018.180.060 Action
A. Planning Ccommission Recommendationaction.

1.2. The Planning Ccommission shall transmit its recommendation to the Ccity Ccouncil within 30 calendar days of the close of the Planning Commission public hearing. [Source: 18.120.060]

18.120.070.A]

2. If the application is being processed together with the development project, the public hearing on the application may be held concurrently with the hearing on the project. [Source: 18.120.070.B]

1. After the public hearing is closed, the Ccity Ccouncil shall approve, approve with modifmodificationsy, or disapprove deny the proposed development agreement. Any approval of a proposed agreement shall be made by ordinance, which shall authorize the Ccity Mmanager to sign the agreement on behalf of the Ccity, and shall become Item 10.1
City Council Meeting Agenda - Page 1721 of 2120 - Monday, April 21, 2025 Part 5 – Zoning Ordinance Administration Chapter 18.180 Revised Preliminary Draft – March 2025
27 effective 30 calendar days after adoption, unless a referendum is filed within that time. [Source: 18.120.070.C]

3. Upon the close of the hearing, the city council shall by resolution either: [Source:

18.120.070.C.4]
G.E. The city council has considered the statement of potential public benefits and costs accruing to the Ccity was considered. [Source: 18.120.070.C.5]
Item 10.1
City Council Meeting Agenda - Page 1722 of 2120 - Monday, April 21, 2025 Chapter 18.180 Development Agreement
28 18.180.06018.180.080 Annual Review
A. In compliance with Government Code Section 65865.1.A, a development agreement shall be reviewed at least once every 12 months, or more often at the request of the Ccity Ccouncil, Zzoning Aadministrator, or applicant. [Source: 18.120.080.A] B. The purpose of the periodic reviews shall be to determine whether the applicant/contracting party or its successor(s)-in-interest has complied in good faith with the terms or conditions of the development agreement. The burden of proof shall be on the applicant/contracting party or its successor(s) to demonstrate compliance, to the full satisfaction of, and in a manner prescribed by the City.The purpose of the review is to inquire into the good faith compliance of the applicant with the terms of the agreement and for any other purpose specified in the agreement. [Source: 18.120.080.B]
C. Notice.

D. Public Hearing Procedures for Development Agreement Reviews.

2. City Council Public Hearing. Upon receipt of the Zzoning Aadministrator’s or pPlanning Ccommission’s recommendation, the Ccity Ccouncil shall schedule a public hearing.

Notice of intention to modify or terminate the development agreement shall be given in the same manner as the initial application in compliance with this Chapter.Notice of intention to modify or terminate the agreement shall be given in the same manner as Item 10.1
City Council Meeting Agenda - Page 1723 of 2120 - Monday, April 21, 2025 Part 5 – Zoning Ordinance Administration Chapter 18.180 Revised Preliminary Draft – March 2025
29 the initial consideration under PHMC Chapter 18.80. If, after the public hearing is closed, the Ccity Ccouncil finds and determines on the basis of substantial evidence that the applicant or its successor in interest has not complied in good faith with the terms of the agreement, the Ccity Ccouncil may terminate or modify the agreement or impose penalties as provided in the agreement in compliance with Government Code Section 65865.1may modify or terminate the agreement. Any modification or termination must be done by ordinance, and is subject to Government Code section 65867.5. [Source: 18.120.080.G-E]

18.180.07018.180.090 Amendment or Cancellation
The development agreement may be amended or canceled:

18.180.08018.180.100 Administration
The Zzoning Aadministrator shall receive, review, process, and prepare, together with recommendations for Commission and Board consideration, all applications for development agreements.prepare and adopt such application forms, checklists, and other documents as considered necessary to implement these procedures and requirements. [Source: 18.120.100, ] Item 10.1
City Council Meeting Agenda - Page 1724 of 2120 - Monday, April 21, 2025 Chapter 18.185 Enforcement
30 Chapter 18.185
Enforcement
Item 10.1
City Council Meeting Agenda - Page 1725 of 2120 - Monday, April 21, 2025 Part 5 – Zoning Ordinance Administration Chapter 18.185 Revised Preliminary Draft – March 2025
31 Chapter 18.185 Enforcement
Sections

18.185.010 Purpose and Intent

18.185.020 Public Nuisance

18.185.030 Permits, Licenses, Certificates, and Approvals

18.185.040 Enforcement Responsibilities

18.185.050 Revocation or Modification of Discretionary Permits

18.185.060 Public Hearing and Other Violations

18.185.070 Penalties

18.185.080 Notice of Violation

18.185.010 Purpose and Intent
This Chapter provides procedures that are intended to ensure compliance with the requirements of this Title and the conditions of permit approval. [Source: NEW]

18.185.02018.185.030 Permits, Licenses, Certificates, and Approvals A permit, license, certificate, or approval granted in conflict with thea provisions of tthis Title is void. [Source: 18.135.020]

18.185.04018.185.050 Revocation or Modification of Discretionary Permits A. Duties of Zzoning Aadministrator. If the Zzoning Aadministrator determines there are grounds for revocation or modification of a Zzoning pPermit, Hhome Ooccupation Ppermit, Uuse Ppermit, Vvariance, Ddevelopment Pplan approval, Aarchitectural Rreview Ppermit, or other discretionary approval authorized by this Ttitle, the Zzoning Aadministrator shall schedule a revocation hearing before whichever person or body review authority took final action on the permit. [Source: 18.135.040.A]
Item 10.1
City Council Meeting Agenda - Page 1726 of 2120 - Monday, April 21, 2025 Chapter 18.185 Enforcement
32 B. Notice and of Ppublic Hhearing. Notice shall be given in the same manner required for a public hearing to consider approval and in compliance with Chapter 18.xxx (Noticing Requirements).

1. The permit was issued on the basis of erroneous or misleading information or misrepresentation; [Source: 18.135.040.D.1]

2. The use or the user is in violation of a condition of approval of the permit, or other laws or regulations, including but not limited to the Mmunicipal Ccode; or [Source:

18.135.040.D.2]

3. The use is being conducted contrary to the public health, safety, and welfare. [Source:

18.135.040.F]
G. Other Rremedies. The Ccity’s right to revoke a discretionary permit is in addition to any other remedy allowed by law. [Source: 18.135.040.G]

Notice of the possible violation and the time and place of the hearing shall be mailed to the violator or property owner and violator and any other interested person at least 10 calendar days before the public hearing. The contents of the notice shall be as set forth in PHMC Chapter 18.80. [Source: 18.135.050] At the public hearing, the Zzoning Aadministrator shall consider the testimony of the Ccity staff, the violator, the property owner and any other interested person. The Zzoning Aadministrator may make a finding as to whether or not a violation of this Ttitle exists, and may recommend to the City staff and to Item 10.1
City Council Meeting Agenda - Page 1727 of 2120 - Monday, April 21, 2025 Part 5 – Zoning Ordinance Administration Chapter 18.185 Revised Preliminary Draft – March 2025
33 the property owner one or more courses of action. The Zzoning Aadministrator may , in his or her discretion, refer the matter directly to the Pplanning Ccommission. [Source: 18.135.050]

4. The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in the property, under California Civil Code Ssections 1213 and 1215. [Source: 18.135.070.B.4]
Item 10.1
City Council Meeting Agenda - Page 1728 of 2120 - Monday, April 21, 2025 Chapter 18.185 Enforcement
34 5. If the property owner and violator corrects the violation after the notice has been recorded and has notified the Ccity in writing and consented to an inspection to confirm the correction, the Zzoning Aadministrator shall record a release or cancellation of the notice of violation. [Source: 18.135.070.B.5]
Item 10.1
City Council Meeting Agenda - Page 1729 of 2120 - Monday, April 21, 2025 Part 5 – Zoning Ordinance Administration Chapter 18.190 Revised Preliminary Draft – March 2025
35 Chapter 18.190
Nonconforming Provisions
Item 10.1
City Council Meeting Agenda - Page 1730 of 2120 - Monday, April 21, 2025 Chapter 18.190 Nonconforming Provisions
36 Chapter 18.190 Nonconforming Provisions
Sections

18.190.010 Purpose and Applicability

18.190.020 Determination and Proof of Nonconforming Status

18.190.030 Nonconforming Lots

18.190.040 Nonconforming Structures

18.190.050 Nonconforming Uses

18.190.060 Nonconforming Signs

1. Limit the number and extent of nonconformities existing at the time of adoption of this Title or created by the adoption of this Title; [Source: NEW]

2. Limit the extent to which nonconforming lots, structures, uses, and signs are altered, maintained, repaired, reestablished, and/or continued; and [Source: NEW]

1.3. Ensure that nonconformities do not create any health, life, and/or safety issues. [Source: NEW]

NEW]

18.50.030]
Item 10.1
City Council Meeting Agenda - Page 1731 of 2120 - Monday, April 21, 2025 Part 5 – Zoning Ordinance Administration Chapter 18.190 Revised Preliminary Draft – March 2025
37 18.190.03018.190.040 Nonconforming Structures
A. Continuation and Mmaintenance. A structure that was lawfully erected but which does not conform with the currently applicable requirements and standards for setbacksyard spaces, height of structure, or distance between structures prescribed established by the base zonein the district regulations is a nonconforming structure and may be used and maintained, except as otherwise provided in this Cchapter. A nonconforming structure is also subject to the e Uniform Building Code, Section 104(c) and PHMC § 18.20.040.D. and all other applicable provisions established in this Title [Source: 18.65.030.A] B. General Rregulations. The following regulations apply to each nonconforming structure:
[Source: 18.65.030.B]

1. Routine maintenance and repairs may be performed on a nonconforming structure. [Source: 18.65.030.B.1]

1. If a nonconforming structure is destroyed by fire or other calamity or is voluntarily razed or is required by law to be razed, to the extent of 50 percent% or less, the structure may be restored (and the nonconforming use resumed); provided, that restoration is started within six months and diligently pursued to completion. [Source: 18.65.030.C.1] Item 10.1
City Council Meeting Agenda - Page 1732 of 2120 - Monday, April 21, 2025 Chapter 18.190 Nonconforming Provisions
38 2. If a nonconforming structure is destroyed by fire or other calamity or is voluntarily razed or is required by law to be razed, to an extent greater than 50 percent%, the structure shall not be restored except in full conformity with the regulations for the base zoning district in which it is located. However, a residential structure in an residential zoning district that does not conform to yard setbacks, height, or number of stories, or a residential garage that does not conform to the minimum dimensional limits may be reconstructed with the same floor area, provided there is no increase in any nonconformity, and upon issuance of a Uuse Ppermit by the zoning administrator.in compliance with Chapter 18.xx (Use Permits). [Source: 18.65.030.C.2]

Estimates for this purpose shall be made by or shall be reviewed and approved by the Bchief building Oofficial. [Source: 18.65.030.C.3]

18.65.030.C.5]

18.190.04018.190.050 Nonconforming Uses
A. Continuation and Mmaintenance. Use of a structure or land that was lawfully established and maintained, but which does not conform to current use regulations is a nonconforming use and may be continued, except as otherwise provided in this Cchapter. [Source: 18.65.020.A] Item 10.1
City Council Meeting Agenda - Page 1733 of 2120 - Monday, April 21, 2025 Part 5 – Zoning Ordinance Administration Chapter 18.190 Revised Preliminary Draft – March 2025
39 B.A. A use that does not conform with the parking dimension standards, loading, planting area, or screening regulations of the base zoning district in which it is located is not deemed a nonconforming use solely because of these nonconformities. [Source: 18.65.020.A] C.B. General Rregulations. The following regulations apply to each nonconforming use: [Source:

Pleasant Hill City CouncilApril 21, 2025

Pleasant Hill City Council
April 21, 2025