This chapter lays out the basic roles, responsibilities, and functions of all planning authorities under this title, including the City Council, Planning Commission, and Community Development Director.

(Ord. 4823, passed 1-22-24)

   The powers and responsibilities of the City Council include, but are not limited to the following:

   (A)   Adopt design guidelines pursuant to Chapter 23.26.

   (B)   Consider and adopt, reject, or modify planned developments pursuant to Chapter 23.11.

   (C)   Consider and adopt, reject, or modify development agreements pursuant to Chapter 23.32.

   (D)   Consider and adopt, reject or modify proposed amendments to the General Plan, Zoning Code, Zoning Map, specific plans, and environmental documents related to any of the foregoing, pursuant to Chapter 23.33.

   (E)   Hear and decide appeals from decisions of the Planning Commission pursuant to § 23.24.120.

   (F)   Establish, by resolution, a municipal fee schedule listing fees, charges, and deposits for various applications and services provided, pursuant to this title.

   (G)   Make environmental determinations on any approvals within the City Council's jurisdiction that are subject to environmental review under the California Environmental Quality Act, pursuant to state law.

(Ord. 4823, passed 1-22-24)

   The powers and responsibilities of the Planning Commission include, but are not limited to the following:

   (A)   Approve, modify, or deny conditional use permits and variances, pursuant to Chapter 23.27 and Chapter 23.30.

   (B)   Approve, modify, or deny residential planned development permits, pursuant to Chapter 23.34.

   (C)   Make recommendations to the City Council on planned developments, pursuant to Chapter 23.11.

   (D)   Make recommendations to the City Council on development agreements, pursuant to Chapter 23.32.

   (E)   Make recommendations to City Council on proposed amendments to the General Plan, Zoning

Code, and Zoning Map, specific plans, and environmental documents, pursuant to Chapter 23.33.

   (F)   Hear and decide appeals from decisions of the Community Development Director, Design Review Board, and the City Art in Public Places Committee, pursuant to § 23.24.120.

   (G)   Hear and decide proposals to revoke permits, pursuant to § 23.24.110.

   (H)   Make environmental determinations on any approvals within the Planning Commission's jurisdiction that are subject to environmental review under the California Environmental Quality Act, pursuant to state law.

   (I)   Such other powers and responsibilities as assigned or directed by the City Council.

(Ord. 4823, passed 1-22-24)

   The powers and responsibilities of the Design Review Board, include, but are not limited to the following:

   (A)   Conduct design review and approve, modify, or deny design review applications pursuant to Chapter 23.26.

(Ord. 4823, passed 1-22-24)

   The powers and responsibilities of the Community Development Director ("the Director"), or their designee, include, but are not limited to the following:

   (A)   Maintain and administer the Zoning Code, including the processing of applications, abatements, and other enforcement actions.

   (B)   Interpret the Zoning Code as needed for members of the public and other city departments.

   (C)   Prepare rules and procedures necessary for conducting the Director's business. They may include the administrative details of hearings officiated by the Director (e.g., scheduling, rules of procedure, and recordkeeping). These rules and procedures must be approved by City Council resolution, following review and recommendation by the Planning Commission.

   (D)   Issue administrative regulations for the submission and review of applications subject to the requirements of Cal. Gov’t Code § 65950.

   (E)   Conduct administrative review pursuant to Chapter 23.25.

   (F)   Approve, modify, or deny minor use permits, pursuant to Chapter 23.27.

   (G)   Approve, modify, or deny temporary use permits, pursuant to Chapter 23.28.

   (H)   Approve, modify, or deny a modification, pursuant to Chapter 23.29.

   (I)   Approve, modify, or deny requests for reasonable accommodation for land use projects, pursuant to Chapter 23.31.

   (J)   Approve, modify, or deny requests for extensions for land use projects, pursuant to § 23.24.090.

   (K)   Decide requests for minor revisions to approved permits, pursuant to § 23.24.100.

   (L)   Refer items to the Planning Commission where, in their opinion, the public interest would be better served by a Planning Commission public hearing and action.

   (M)   Determine whether a project is subject to review under the California Environmental Quality Act and notify the applicant if any additional information is necessary to conduct the review.

   (N)   Make recommendations to the Planning Commission and City Council on all applications, appeals, and other matters upon which they have the authority and the responsibility to act under this title.

   (O)   Investigate and report to the Planning Commission on permit violations when the city has initiated revocation procedures, pursuant to § 23.24.110.

   (P)   Delegate administrative functions to members of the Planning Division.

   (Q)   Such other powers and responsibilities as assigned or directed by the City Council.

   This table summarizes the powers and duties that each review authority has under this title. Where a land use project requires more than one type of application, all permit requests shall be reviewed and decided on by the highest review authority established for any of the applications, except as otherwise provided herein. Where a land use project requires an application under Title 22, but no application under this title, then the review authority for the Title 22 application shall be the Director, notwithstanding any contradictory provisions in Title 22, provided that final maps shall be approved by the City Council as required by the Subdivision Map Act. Where a land use project requires an application under Title 22 and all other permits for the land use project under this title have a lower review authority than what is provided by Title 22, the lower review authority provided in this title shall apply to the Title 22 application, notwithstanding any contradictory provisions in Title 22, provided that final maps shall be approved by the City Council as required by the Subdivision Map Act.

 

   This chapter establishes uniform procedures for the preparation, filing, and processing of all land use permits and approvals provided for in this title, unless superseded by a specific requirement of this title or state law.

(Ord. 4823, passed 1-22-24)

   (A)   Applicant. The owner of property or the owner's authorized agent. If the application is made by someone other than the owner or the owner's agent, proof of the right to use and possess the property as applied for, satisfactory to the Community Development Director, shall accompany the application.

   (B)   Application materials.

      (1)   Application forms. The Director shall prepare and issue application forms and lists that specify the information that will be required from applicants for projects subject to the provisions of this title.

      (2)   Supporting materials. The Director may require the submission of supporting materials as part of the application, including but not limited to: statements, photographs, plans, drawings, renderings, models, material samples and other items necessary to describe existing conditions and the proposed project and to determine the level of environmental review pursuant to the California Environmental Quality Act (CEQA).

      (3)   Availability of materials. All submitted material becomes the property of the city, may be distributed to the public, and shall be made available for public inspection. At any time, upon reasonable request, and during normal business hours, any person may examine application materials in support of or in opposition at the Planning Division offices. Unless prohibited by law or superseded by specific permit confidentiality requirements, copies of such materials shall be made available at a reasonable cost.

   (C)   Application fees. 

      (1)   Fee schedule. The Council shall adopt by resolution a municipal fee schedule that establishes fees for each application, informational materials, penalties, copying, and other such items.

      (2)   Fee payment. No application shall be deemed complete, and processing shall not commence on any application until all required fees or deposits have been paid.

      (3)   Fee waiver. No fee shall be required when the applicant is the city, or if it is waived under any other provision of the Alhambra Municipal Code.

      (4)   Refund of fees. Application fees are non-refundable unless otherwise provided for in the Alhambra Municipal Code or by policy of the Council.

(Ord. 4823, passed 1-22-24)

   (A)   Initial completeness review. The Director, or designee, shall determine whether an application is complete within 30 days of the date the application is filed and required fee received.

      (1)   Incomplete application. If an application is deemed incomplete, the Director or designee shall provide written notification to the applicant listing the applications for permit(s), forms, information, and any additional fees that are necessary to complete the application.

         (a)   Zoning code violations. Unless otherwise prohibited by law, an application shall not be found complete if conditions exist on the site in violation of this title or any permit or other approval granted in compliance with this title, unless the proposed project includes the correction of the violations.

         (b)   Submittal of additional information. The applicant shall provide the additional information within the time limit specified by the Director, or designee, which shall be no sooner than 30 days.

         (c)   Appeal of determination. Determinations of incompleteness are subject to the provisions of § 23.24.120, except there shall be a final written determination on the appeal no later than 60 days after receipt of the appeal.

         (d)   Expiration of application. If an applicant fails to correct the specified deficiencies within the specific time limit, the application shall expire and be deemed withdrawn, unless an extension is granted by the Director. After the expiration of an application, review shall require the submittal of a new, complete application, along with all required fees.

      (2)   Complete application. When an application is deemed complete, the Director or designee shall make a written record of that date. If an application requires a public hearing, the Director shall schedule it and notify the applicant of the date and time, pursuant to § 23.24.050. Within 30 days of the date that the application for a housing development project containing 150 or fewer housing units, and within 60 days of the date that the application for a housing development project containing more than 150 units, is deemed complete, the Director or designee shall notify the applicant of any inconsistencies with the city's adopted objective standards pursuant to Cal. Gov’t Code § 65589.5.

   (B)   Referral of application. At the discretion of the Director, or where otherwise required by this title, state or federal law, any application filed in compliance with this title may be referred to any city department, public agency, or interest group that may be affected by or have an interest in the proposed land use project.

   (C)   Extensions. The Director may, upon written request from the applicant and for good cause, grant extensions of any time limit for review of applications imposed by this title.

(Ord. 4823, passed 1-22-24)

   All projects shall be reviewed for compliance or exemption with the California Environmental Quality Act (CEQA). Environmental review will be conducted pursuant to Title 14 of the California Code of Regulations (CEQA Guidelines). If Title 14 of the California Code of Regulations is amended, such amendments will govern city procedures.

(Ord. 4823, passed 1-22-24)

   Unless otherwise specified, whenever the provisions of this title require public notice, the city shall provide notice in compliance with applicable state law and as follows.

   (A)   Mailed notice. At least ten days before the date of the public hearing, or the date of action when no public hearing is required, the Director (or the City Clerk for City Council hearings) shall provide notice by first class mail delivery to the following:

      (1)   The applicant, the property owner, and any occupant of the subject property;

      (2)   All property owners of record within a minimum 300-foot radius of the subject property as shown on the latest available assessment role or a larger radius or geographical boundary if deemed necessary by the Director to provide adequate public notification; and

      (3)   Any person or group who has filed a written request for notice.

   (B)   Alternative method for large mailings. If the number of owners to whom notice would be mailed or delivered is greater than 1,000, instead of a mailed notice, notice may, at the discretion of the Director, be provided by either of the following methods.

      (1)   Placing one display advertisement of at least one-eighth page in at least one newspaper of general circulation within the local agency in which the proceeding is conducted at least ten days prior to the hearing; or

      (2)   By placing an insert within any generalized mailing sent by the city to property owners in the area affected by the proposed action, such as billings for city services, at least ten days prior to the hearing.

   (C)   Posted notice. At least ten days before the date of the hearing, the project site shall be posted by the applicant, to the satisfaction of the Community Development Director, with one or more signs describing the project and advertising the public hearing. The sign(s) shall be visible from an adjacent street and placed on the site in a location(s) determined by the Director. Signs shall be removed within 30 days of final action on the project.

   (D)   Newspaper notice. At least ten days before the date of the public hearing notice shall be published in at least one newspaper of general circulation in the city.

   (E)   Contents of notice. Each notice shall include the following information:

      (1)   The location of the real property, if any, that is the subject of the application;

      (2)   A general description of the proposed project or action;

      (3)   The date, time, location, and purpose of the public hearing or the date of action when no public hearing is required;

      (4)   The identity of the hearing body or officer; and

      (5)   The location and times at which the complete application and project file, including any environmental review documentation prepared in connection with the application, may be viewed by the public.

   (F)   Failure to notify individual properties. The validity of the proceedings shall not be affected by the failure of any property owner, resident, or community organization to receive a mailed notice.

(Ord. 4823, passed 1-22-24)

   Whenever the provisions of this title require a public hearing, the hearing shall be conducted in compliance with the requirements of state law as follows.

   When deciding to approve, approve with conditions, modify, revoke or deny any discretionary permit under this title, the review authority shall issue a notice of action and make findings of fact as required by this title.

   (A)   Date of action. The review authority shall decide to approve, modify, revoke, or deny any discretionary permit through the adoption of a resolution with findings following the close of the public hearing, or if no public hearing is required, within the time period set forth below. These deadlines do not apply to any action that has been appealed to the City Council in accordance with § 23.24.120. Time extensions may be granted pursuant to § 23.24.090.

      (1)   Project exempt from environmental review. Within 30 days of the date the city has determined an application to be complete, a determination must be made whether the project is exempt from Environmental Review per State CEQA requirements.

      (2)   Project for which a negative declaration or mitigated negative declaration is prepared. Within 60 days of the date a negative declaration or mitigated negative declaration has been completed and adopted for project approval, the city shall act on the accompanying discretionary project.

      (3)   Project for which an EIR is prepared. Within 180 days from the date the review authority certifies a final EIR, the city shall act on the accompanying discretionary project.

   (B)   Notice of action. After the Director or Planning Commission takes any action to approve, modify, or deny an application that is subject to appeal under the terms of this title, the Director shall issue a notice of action. The notice shall describe the action taken, including any applicable conditions, and shall list the findings that were the basis for the decisions. The Director shall mail the notice to the applicant and to any other person or entity that has filed a written request for such notification with the Planning Division within five days of the decision being made.

   (C)   Findings. Findings, when required by state law or this title, shall be based upon consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record and shall be stated in writing in the resolution or record of the action on the permit.

(Ord. 4823, passed 1-22-24)

   (A)   Scope. The scope of approvals includes only those uses and activities proposed in the application, excluding other uses and activities.

   (B)   Conditions. The site plan, floor plans, building elevations, and/or any additional information or representation, whether oral or written, indicating the proposed structure or manner of operation submitted with an application or submitted during the approval process shall be deemed conditions of approval. Any approval may be subject to requirements that the applicant shall guarantee, warranty, or ensure compliance with submitted plans and conditions in all respects. The city reserves the right to revisit, and if necessary, modify and/or add conditions of approval if an approved use results in increased or additional impacts not contemplated at the time of approval.

(Ord. 4823, passed 1-22-24)

   (A)   Effective dates. A decision shall be effective on the date of action except as provided below.

      (1)   Decisions subject to appeal. A final decision on an application for any approval subject to appeal shall become effective after the expiration of the ten-business day appeal period following the date of action, unless an appeal is filed. In the event an appeal period ends on a Saturday, Sunday, or any other day the City Hall is closed, the appeal period shall end at the close of business on the next business day. No building permit or business license shall be issued until the day following the date of the end of the appeal period.

      (2)   Amendments to the Zoning Code or Zoning Map. Amendments to the Zoning Ordinance or Zoning Map shall take effect 40 calendar days after the second reading of the ordinance. In the event an effective date lands on a Saturday, Sunday, or any other day City Hall is closed, the appeal period shall end at the close of business on the next business day.

   (B)   Expiration. The review authority, in the granting of any permit, may specify a time, consistent with the purposes of the use and necessary to safeguard the public safety, health and welfare, within which the proposed use must be undertaken and actively and continuously pursued. If no time period is specified, any permit granted under this title shall automatically expire when no project or use has been initiated within two years after the effective date of the approval and become null and void.

   (C)   Exercise of permit. 

      (1)   Exercise of planning approval or permit. A permit for the use of a building or property is exercised when, if required, a valid city business license has been issued, and the permitted use has commenced on the site.

      (2)   Exercise of building permit. A permit for the construction of a building or structure is exercised when a valid city building permit, if required, is issued, and construction has lawfully commenced.

   (D)   Extensions. The Community Development Director may approve a one-year extension of any permit or approval granted under this title upon receipt of a written application with the required fee within the time period specified by the Review Authority, or two years of the date of the approval.

   (E)   Lapse. When a permit has been exercised, it shall remain valid and in force unless the use or structure authorized by the permit is removed from the site for a period greater than 12 consecutive months, or is abandoned or discontinued for a period greater than 12 consecutive months, in which case the permit may be revoked in accordance with § 23.24.110. No use of land or structure, the permit for which has lapsed in compliance with this section and has been revoked in compliance with § 23.24.110, shall be reactivated, re-established, or used unless a new permit is first obtained.

   No revision in the use or structure for which a permit or other approval has been issued is permitted unless the permit is revised as provided for in this title. For this section, the revision of a permit may include revision of a design review approval.

   (A)   Minor revisions. The Community Development Director may approve minor revisions to approved plans and permits that are consistent with the original findings and conditions approved by the Review Authority, do not expand the approved floor area by more than 10%, and would not intensify any potentially detrimental effects of the project.

   (B)   Major revisions. A request for revisions to conditions of approval of a discretionary permit, a revision to an approved site plan or building plan that would affect a condition of approval, or a revision that would intensify a potential impact of the project shall be treated as a new application and shall be decided on by the same Review Authority as the approved permit.

(Ord. 4823, passed 1-22-24)

   Any permit granted under this title may be revoked or revised for cause if any of the conditions or terms of the permit are violated or if any law or ordinance is violated.

   (A)   Initiation of proceeding. Revocation proceedings may be initiated by Director.

   (B)   Public notice, hearings, and action. After conducting a duly-noticed public hearing, the Planning Commission shall act on the proposed revocation, pursuant to this chapter.

   (C)   Required findings. The Planning Commission may revoke or modify the permit if it makes any of the following findings:

      (1)   The approval was obtained by means of fraud or misrepresentation of a material fact;

      (2)   The use, building, or structure has been substantially expanded beyond what is set forth in the permit or substantially changed in character;

      (3)   The use in question has ceased to exist or has been suspended for 12 months or more;

      (4)   There is or has been a violation of or failure to observe the terms or conditions of approval, or the use has been conducted in violation of the provisions of this title, or any applicable local or state law or regulation; or

      (5)   The use has been conducted in a manner detrimental to the public safety, health and welfare, or to be a nuisance.

   (D)   Notice of action. Following Planning Commission action to revoke or modify a permit, the Director shall issue a notice of action within five days. The notice shall describe the Commission's action with its findings. The Director shall mail notice to the permit holder and to any person or entity who requested the revocation proceeding.

(Ord. 4823, passed 1-22-24)

   (A)   Applicability. Any action by the Planning Commission or Community Development Director in the administration or enforcement of the provisions of the Zoning Ordinance may be appealed in accordance with this section.

      (1)   Appeals of City Art in Public Places Commission. Decisions of the City Art in Public Places Commission regarding development obligations may be appealed to the Planning Commission by filing a written appeal with the Planning Division.

      (2)   Appeals of Community Development Director Decisions. Decisions of the Community Development Director may be appealed to the Planning Commission by filing a written appeal with the Planning Division.

      (3)   Appeals of Design Review Board Decisions. Decisions of the Design Review Board may be appealed to the Planning Commission by filing a written appeal with the Planning Division.

      (4)   Appeals of Planning Commission Decisions. Decisions of the Planning Commission may be appealed to the City Council by filing a written appeal with the City Clerk.

   (B)   Rights of appeal. Appeals may be filed by the applicant, the owner of the subject property, or any other person aggrieved by a decision that is subject to appeal under the provisions of the Zoning Code.

   (C)   Time limits. Unless otherwise specified in state or federal law, all appeals shall be filed in writing within ten business days of the date which the action was taken. In the event an appeal period ends on a Saturday, Sunday, or any other day the city is closed, the appeal period shall end at the close of business on the next business day.

   (D)   Procedures.

      (1)   Filing. 

         (a)   An appeal shall be filed on a form specified by the Community Development Director and accompanied by the applicable fees. Each appeal shall be accompanied by a filing fee, as established in the municipal fee schedule;

         (b)   The appeal shall state specifically why a determination or interpretation is not in accordance with the purposes of this Zoning Code, where there was an error or abuse of discretion, where the record includes inaccurate information, or how a decision is not supported by evidence in the record;

      (2)   Proceedings stayed by appeal. The timely filing of an appeal shall stay all proceedings in the matter appealed, including the issuance of city building permits and business licenses.

      (3)   Transmission of record. The Community Development Director, or in the case of appeals to the City Council, City Clerk, shall schedule the appeal for consideration by the authorized hearing body on the next available agenda. The Director shall forward the appeal, the notice of action, and all other documents that constitute the record to the hearing body.

      (4)   Public notice and hearing. Public notice shall be provided pursuant to § 23.24.050, and a public hearing shall be provided pursuant to § 23.24.060. Notice of the hearing shall also be given to the applicant, the party filing the appeal, and any other interested party who has filed with the city a written request for such notice. The matter shall be heard de novo.

      (5)   Action. An action to grant an appeal shall require a majority vote. A tie vote shall have the effect of rejecting the appeal.

(Ord. 4823, passed 1-22-24)

   Requests for interpretations of this title and verifications relating to prior approvals or permits may be made to the Director. Requests shall be in writing. The decision of the Director on such requests may be appealed under § 23.24.120.

(Ord. 4823, passed 1-22-24)

   Except as otherwise provided by law, any applicant who receives a permit, entitlement, or approval pursuant to this title shall defend, indemnify, and hold harmless the city and its agents, employees, and officers from any action, claim, challenge, or proceeding brought against the city and its agents, employees, and offices which arises from or is in any way related to the permit, entitlement, or approval issued by the city.

(Ord. 4823, passed 1-22-24)

   (A)   Purpose. This section establishes the responsibilities of various departments, officials and

public employees of the city to enforce the requirements of this title and establishes uniform procedures the city will use to identify, abate, remove, and enjoin uses, buildings, or structures that are deemed to be in violation of this title.

   (B)   Enforcement. All departments, officials, and public employees of the city vested with the duty or authority to issue permits or licenses shall conform to the provisions of this title, and shall issue no permit or license for uses, buildings or purposes in conflict with the provisions of this title, and any such permit or license issued in conflict with the provisions of this title shall be null and void to the extent allowed by law.

      (1)   The Department of Community Development shall be responsible for monitoring and enforcing the conditions of approval and standards imposed on all land use entitlements granted by the city and this title. Any use which is established, operated, erected moved, altered, enlarged, or maintained, contrary to the provisions of this title or any condition of approval, is hereby declared to be unlawful and shall be subject to the remedies and penalties set forth in Chapter 1.12 of the Alhambra Municipal Code, and/or revocation procedures initiated pursuant to the following chapters contained in this title.

   (C)   Public nuisance. Any building, structure, or planting set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this title, any use of any land, building, or premises established, conducted, operated, or maintained contrary to the provisions of this title, and failure to comply with any of the conditions of a permit granted under this title is declared to be unlawful and a public nuisance, and shall, at the discretion of the city, in addition to or in lieu of taking any other action permitted by law, commence an action or actions, proceeding or proceedings in the superior court of Los Angeles County, seeking an injunction and/or any other remedy available at law, including but not limited to fines, attorneys' fees and costs.

(Ord. 4823, passed 1-22-24)

   This chapter establishes procedure to verify that each new or expanded use, activity, or structure complies with all of the applicable requirements of this title and conditions of any previously granted discretionary approval.

(Ord. 4823, passed 1-22-24)

   Administrative review is required for buildings or structures erected, constructed, altered, repaired or moved, the use of vacant land, changes in the character of the use of land or building, or for substantial expansions in the use of land or building, which are allowed as a matter of right by this title.

   The Community Development Director shall act as the review authority for administrative review applications based on consideration of the requirements of this chapter. The Director may refer any application for an administrative review for a project that may generate substantial public interest or involve significant land use policy decisions to the Planning Commission for decision.

   Applications and fees for an administrative review shall be submitted in accordance with the provisions set forth in § 23.24.020. The Director may request that the administrative review application be accompanied by a written narrative, plans, and other related materials necessary to show that the proposed development, alteration, or use of the site complies with all provisions of this title and the requirements and conditions of any applicable existing design review, use permit, or other discretionary land use approval.

   The Director may require any application for an administrative review for a project that may generate substantial public interest or involve significant land use policy decisions to provide public notice pursuant to § 23.24.050. A hearing on an administrative review shall occur only when a hearing is requested by the applicant or other person(s) in writing and received by the Community Development Director within ten days of the mailed notice. In the event a public hearing is requested, the administrative review shall be scheduled for a hearing before the Director or before the Planning Commission pursuant to Chapter 23.24. The Director shall have the discretion to determine whether a hearing will be held before the Director or the Planning Commission.

   Within 30 days after an administrative review application is accepted as complete for processing, the Director shall consider the application and approve, disapprove or conditionally approve the administrative review in accordance with this chapter. If the Director determines that the proposed use or building is allowed as a matter of right by this title, conform to the policies of the General Plan and conforms to all the applicable development and use standards, the Director shall issue an administrative review. An approved administrative review may include attachments of other written or graphic information, including but not limited to, statements, numeric data, site plans, floor plans, and building elevations and sections, as a record of the proposal's conformity with the applicable regulations of this title. Prior to issuing any building permit, subdivision approval, or lot line adjustment, the Director shall review the application to determine whether the use, building, or change in lot configuration complies with all provisions of this title or any applicable existing design review, use permit, or other discretionary land use approval and that all conditions of such permits and approvals have been satisfied.

   (A)   Appeals. Administrative review decisions may be appealed as provided for in § 23.24.120.

   This chapter establishes the design review procedure to ensure that new development supports the goals and objectives of the General Plan and other adopted plans and guidelines. The specific purposes of the design review process are to:

   (A)   Promote excellence in site planning and design and the harmonious appearance of buildings and sites;

   (B)   Ensure that new and altered uses and development will be compatible with the existing and potential development of the surrounding area; and

   (C)   Supplement other city regulations and standards in order to ensure control of aspects of design that are not otherwise addressed.

(Ord. 4823, passed 1-22-24)

   Design review in compliance with the provisions of this chapter and Alhambra Municipal Code Chapter 2.27 is required for the following:

   The Design Review Board shall act as the review authority for design review based on consideration of the requirements of this chapter; § 23.23.060; and Alhambra Municipal Code Chapter 2.27.

(Ord. 4823, passed 1-22-24)

   (A)   Application. Applications for design review shall be filed with the Planning Division on the prescribed application forms in accordance with the procedures in § 23.24.020.

   (B)   Timing of submittal. When a development project requires a use permit, variance, or any other discretionary approval, the design review application shall be submitted as a part of the application for the underlying permit, use permit, or variance.

   (C)   Determination. Within 30 days after a design review application is accepted as complete for processing, the Design Review Board shall consider the application and approve, disapprove or conditionally approve the plan in accordance with Alhambra Municipal Code Chapter 2.27 . The applicant may agree to waive the 30-day review period.

(Ord. 4823, passed 1-22-24)

   With respect to any and all matters requiring Design Review Board approval applicants shall submit plans for design review prior to receiving Planning Commission approval and prior to applying for plan check.

(Ord. 4823, passed 1-22-24)

   Design review shall be based on consideration of the requirements of this chapter as they apply to the design of the site plan, structures, landscaping, and other physical features of a proposed project, including:

   (A)   Building proportions, massing, and architectural details;

   (B)   Site design, orientation, location, and architectural design of buildings relative to existing structures on or adjacent to the property, topography, and other physical features of the natural and built environment;

   (C)   Size, location, design, development, and arrangement of on-site parking and other paved areas;

   (D)   Exterior materials and color as they relate to each other, to the overall appearance of the project, and to surrounding development;

   (E)   Height, materials, design, fences, walls, and screen plantings;

   (F)   Location, design, and type of landscaping, including selection and size of plant materials, and hardscape; and

   (G)   Size, location, design, color, lighting, and materials of all signs.

(Ord. 4823, passed 1-22-24)

   When conducting design review, the review authority shall evaluate applications to ensure that they satisfy the following criteria, conform to the policies of the General Plan and any applicable specific plan, any applicable design guidelines, and are consistent with any other policies or guidelines the City Council may adopt for this purpose.

(Ord. 4823, passed 1-22-24)

   (A)   Decision in writing. The Design Review Board shall notify the applicants of its decision in writing. There shall be a ten-day appeal period, after which the decision shall become final.

   (B)   Appeals. Design review decisions are subject to the appeal provisions of § 23.24.120.

(Ord. 4823, passed 1-22-24)

   (A)   Expiration, extensions, and revisions. Design review approval is effective and may only be extended or revised as provided for in Chapter 23.24.

   (B)   Revocation. Design review approval may be revoked pursuant to § 23.24.110 if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.

(Ord. 4823, passed 1-22-24)

   The use permit review and approval process is intended to apply to uses that are consistent with the goals, objectives, and policies of the General Plan and purposes of the zone where they are proposed but require special consideration to ensure that they can be designed, located, and operated in a manner that will be compatible with the surrounding area and uses.

(Ord. 4823, passed 1-22-24)

   Approval of a use permit is required for uses or developments specifically identified in Article II and/or any other section of this title which requires a use permit.

(Ord. 4823, passed 1-22-24)

   (A)   Conditional use permits. The Planning Commission shall act as the review authority for conditional use permits based on consideration of the requirements of this chapter.

   (B)   Minor use permits. The Community Development Director shall act as the Review Authority for minor use permits based on consideration of the requirements of this chapter. The Director may refer any application for a minor use permit for a project that may generate substantial public interest or involve significant land use policy decisions to the Planning Commission for decision. In that case, the application shall be processed as a conditional use permit.

(Ord. 4823, passed 1-22-24)

   Applications for use permits shall be filed with the Planning Division on the prescribed application forms. In addition to any other application requirements, the application for a use permit shall include data or other evidence in support of the applicable findings required by § 23.27.060.

(Ord. 4823, passed 1-22-24)

   (A)   Conditional use permits. All applications for conditional use permits require public notice and hearing before the Planning Commission pursuant to Chapter 23.24.

   The Review Authority must make all of the following findings to approve or conditionally approve a use permit application. The inability to make one or more of the findings is grounds for denial of an application.

   (A)   With appropriate conditioning, the proposed use is allowed within the applicable zone and complies with all other applicable provisions of this title and all other titles of the Alhambra Municipal Code;

   (B)   With appropriate conditioning, the proposed use is consistent with the General Plan and any applicable specific plan;

   (C)   With appropriate conditioning, the proposed use will not be averse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements;

   (D)   With appropriate conditioning, the proposed use complies with any design or development standards applicable to the zone or the use in question, unless waived or modified pursuant to the provisions of this title;

   (E)   With appropriate conditioning, the design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses and circulation in the vicinity; and

   (F)   With appropriate conditioning, the site is physically suitable for the type of use being proposed, including access, utilities, and the absence of physical constraints.

   In approving a use permit, the Review Authority shall impose reasonable conditions or restrictions to achieve the following outcomes. The city reserves the

right to have conditions modified or added to address impacts greater than originally anticipated or new impacts not previously contemplated at the time of approval. The Review Authority may also require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

   (A)   Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council;

   (B)   Achieve the general purposes of this title or the specific purpose of the zone in which the project is located;

   (C)   Achieve the findings for a use permit listed in § 23.27.060; or;

   (D)   Mitigate any potentially significant impacts identified because of environmental review conducted in compliance with the California Environmental Quality Act.

(Ord. 4823, passed 1-22-24)

   (A)   Appeals. Use permit decisions may be appealed as provided for in § 23.24.120.

   (B)   Expiration, extensions, and revisions. Use permit approvals may only be expired, extended, or modified as provided for in Chapter 23.24.

   (C)   Revocation. Use permit approval may be revoked pursuant to § 23.24.110 if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.

(Ord. 4823, passed 1-22-24)

   This chapter establishes a process for review and approval of uses that are intended to be of limited duration of time and will not permanently alter the character or physical facilities of the site where they occur.

(Ord. 4823, passed 1-22-24)

   The Community Development Director shall act as the Review Authority for temporary use permits based on consideration of the requirements of this chapter and § 23.22.260.

   An application for a temporary use permit shall be submitted at least 60 days before the use is intended to begin, pursuant to § 23.24.020.

(Ord. 4823, passed 1-22-24)

   The Community Development Director must make the following findings to approve or conditionally approve a temporary use permit application. The inability to make one or more of the findings is grounds for denial of an application.

   (A)   With appropriate conditioning, the operation of the requested use at the location proposed and within the time period specified will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare;

   (B)   With appropriate conditioning, the proposed site is adequate in size and shape to accommodate the temporary use;

   (C)   With appropriate conditioning, the proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that such temporary use will or could reasonably generate;

   (D)   With appropriate conditioning, adequate temporary parking to accommodate vehicular traffic to be generated by such use will be available either on-site or at alternate locations acceptable to the Director; and

   (E)   With appropriate conditioning, the use would not jeopardize the public peace, safety or general welfare, or be injurious or detrimental to properties adjacent to, or in the vicinity of, the proposed location of the activity.

(Ord. 4823, passed 1-22-24)

   The Community Development Director may impose reasonable conditions deemed necessary to

ensure compliance with the findings for a temporary use permit listed in § 23.28.040, including the items below. The city reserves the right to have conditions modified or added to address impacts greater than originally anticipated or new impacts not previously contemplated at the time of approval. The Director may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

   (A)   Provision of temporary parking facilities, including vehicular access and egress.

   (B)   Regulation of nuisance factors such as, but not limited to, the prevention of glare or direct illumination of adjacent properties, noise, vibrations, smoke, dust, dirt, odors, gases, and heat.

   (C)   Regulation of temporary buildings, structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards.

   (D)   Provision of sanitary and medical facilities.

   (E)   Provision of solid waste collection and disposal.

   (F)   Provision of security and safety measures.

   (G)   Regulation of signs.

   (H)   Regulation of operating hours and days, including limitation of the duration of the temporary use to a shorter time period than that requested.

   (I)   Submission of a performance bond or other surety devices to ensure that any temporary facilities or structures used for such proposed temporary use will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition.

   (J)   Submission of a site plan indicating any information required by this chapter.

   (K)   Requirement that the approval of the temporary use permit is contingent upon compliance with applicable provisions of other ordinances.

   (L)   Such other conditions which will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accord with the intent and purpose of this chapter.

(Ord. 4823, passed 1-22-24)

   (A)   Appeals. Temporary use permit decisions may be appealed as provided for in § 23.24.120.

   (B)   Expiration, extensions, and revisions. Temporary use permit approvals may only be expired, extended, or modified as provided for in Chapter 23.24.

   (C)   Revocation. Temporary use permit approval may be revoked pursuant to § 23.24.110, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.

(Ord. 4823, passed 1-22-24)

   The purpose of this chapter is to establish a means of granting relief from locational, developmental, and operational standards where doing so would be consistent with this title and the General Plan, and where it is not possible or practical to approve a variance.

(Ord. 4823, passed 1-22-24)

   Modifications may be granted as specifically allowed in any other section of this title and as follows:

   (A)   Height, yard, and lot area. Relief from height, yard, and lot area requirements, not to exceed 20% of the requirement.

   (B)   Fence, wall or hedge height requirements.

(Ord. 4823, passed 1-22-24)

   The Community Development Director shall act as the Review Authority for modification applications based on consideration of the requirements of this chapter except in the case of concurrent processing pursuant to division (A) below.

   (A)   Concurrent processing. If a request for a modification is being submitted in conjunction with an application for another approval, permit, or entitlement that requires Planning Commission action, it shall be heard and acted upon at the same time and in the same manner as that application.

(Ord. 4823, passed 1-22-24)

   An application for a modification shall be filed to the Planning Division in accordance with § 23.24.020. The application shall state in writing the nature of the request and explain how the required findings are satisfied. The applicant shall also submit plans delineating the requested modification.

(Ord. 4823, passed 1-22-24)

   Modifications do not require a hearing, but require ten-day written notice to all adjacent tenants and property owners within a 100-foot radius of the subject property so that their input may be received.

(Ord. 4823, passed 1-22-24)

   The Community Development Director must make all of the following findings in order to approve a modification application. The inability to make one or more of the findings is grounds for denial of an application.

   (A)   There are no alternatives to the requested modification that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the public; and

   (B)   The granting of the requested modification would not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or density that would be inconsistent with the requirements of this title.

(Ord. 4823, passed 1-22-24)

   The city reserves the right to have conditions modified or added to address impacts greater than originally anticipated or new impacts not previously contemplated at the time of approval. In approving a modification, the review authority may impose any conditions deemed necessary to:

   (A)   Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council;

   (B)   Achieve the general purposes of this title or the specific purposes of the zone in which the project is located;

   (C)   Achieve the findings for a modification granted; or

   (D)   Mitigate any potentially significant impacts identified because of review conducted in compliance with the California Environmental Quality Act (CEQA).

(Ord. 4823, passed 1-22-24)

   (A)   Appeals. Modification decisions may be appealed as provided for in § 23.24.120.

   (B)   Expiration, extensions, and revisions. Modifications may only be expired, extended, or modified as provided for in Chapter 23.24.

   (C)   Revocation. Modification approval may be revoked pursuant to § 23.24.110 if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.

(Ord. 4823, passed 1-22-24)

   This chapter is intended to provide a mechanism for relief from the strict application of this title where it would deprive the property owner of privileges enjoyed by similar properties because of the subject property's unique and special conditions.

(Ord. 4823, passed 1-22-24)

   Variances may not be granted to allow uses or activities that this title does not authorize for a specific lot or size.

(Ord. 4823, passed 1-22-24)

   The Planning Commission shall act as the Review Authority for variance applications based on consideration of the requirements of this chapter.

(Ord. 4823, passed 1-22-24)

   Applications for a variance shall be filed with the Planning Division on the prescribed application forms in accordance with the procedures in § 23.24.020. In addition to any other application requirements, the application for a variance shall include evidence showing that the requested variance conforms to the required findings set forth in § 23.30.060.

(Ord. 4823, passed 1-22-24)

   (A)   Public notice. An application for a variance shall require a public notice prior to the Planning Commission decision, pursuant to § 23.24.050.

   (B)   Public hearing. An application for a variance shall require a public hearing before the Planning Commission, pursuant to § 23.24.060.

(Ord. 4823, passed 1-22-24)

   After conducting a public hearing, the Planning Commission must make all of the following findings in order to approve or conditionally approve a variance application. The Commission shall deny an application for a variance if it is unable to make any of the required findings, in which case it shall state the reasons for that determination.

   (A)   There are special circumstances or conditions applicable to the property, including size, shape, topography, location or surroundings, and the strict application of this title to the property deprives the property of privileges enjoyed by other property in the vicinity and identical zone, and that the granting of a variance will not constitute a granting of a special privilege inconsistent with the limitations on the property in the vicinity and identical zone;

   (B)   The granting of the application will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare or convenience; and

   (C)   The granting of the variance will be consistent with the general purposes and objectives of this title, any applicable specific plans, and the General Plan.

(Ord. 4823, passed 1-22-24)

   In approving a variance, the Planning Commission may impose reasonable conditions deemed necessary to ensure compliance with the findings required in § 23.30.060, and may require reasonable guarantees and evidence that such conditions are being, or will be, complied with. The city reserves the right to have conditions modified or added to address impacts greater than originally anticipated or new impacts not previously contemplated at the time of approval.

(Ord. 4823, passed 1-22-24)

   (A)   Appeals. Variance decisions may be appealed as provided for in § 23.24.120.

   (B)   Expiration, extensions, and revisions. Variances may only be expired, extended or revised as provided for in Chapter 23.24.

   (C)   Revocation. Variance approval may be revoked pursuant to § 23.24.110, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.

(Ord. 4823, passed 1-22-24)

   This chapter establishes the procedures to request reasonable accommodation for persons with disabilities seeking equal access to housing under the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act ("the Acts") in the application of zoning law and other land use regulations, policies, procedures, and conditions of approval.

(Ord. 4823, passed 1-22-24)

   (A)   A request for reasonable accommodation may be made by any person with a disability, their representative, or any other entity, when the application of zoning law or other land use regulation, policy, or procedure acts as a barrier to fair housing opportunities.

   (B)   A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities,

anyone who is regarded as having this type of impairment, or anyone who has a record of this type of impairment, but not including an individual's current, illegal use of a controlled substance.

   (C)   A request for reasonable accommodation may include a change or exception to the practices, rules, and standards for the development, siting, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

(Ord. 4823, passed 1-22-24)

   The Department shall prominently display in the public areas of the Community Development Department at City Hall a notice advising those with disabilities or their representatives that they may request a reasonable accommodation in accordance with the procedures established in this chapter. City employees shall direct individuals to the display whenever they are requested to do so or reasonably believe that individuals with disabilities or their representatives may be entitled to a reasonable accommodation.

(Ord. 4823, passed 1-22-24)

   The Director shall act as the Review Authority for reasonable accommodation applications based on consideration of the requirements of this chapter.

(Ord. 4823, passed 1-22-24)

   An application for a reasonable accommodation shall be prepared, filed, and processed in compliance with § 23.24.020. In addition to any other information required under the Alhambra Municipal Code, an applicant submitting a request for reasonable accommodation must provide the following information:

   (A)   A description of how the property will be used by the disabled individual(s);

   (B)   The basis for the claim that the Fair Housing Laws apply to the individual(s) and evidence satisfactory to the Director supporting the claim, which may include a letter from a medical doctor or other licensed health care professional, a handicapped vehicle license plate, or other appropriate evidence which establishes that the individual(s) needing the reasonable accommodation is disabled/handicapped pursuant to the Fair Housing Laws;

   (C)   The specific reason the requested accommodation is necessary to make particular housing available to the disabled individual(s); and

   (D)   Verification by the applicant that the property is the primary residence of the person for whom reasonable accommodation is requested.

If an individual or representative needs assistance in making a request for reasonable accommodation, or appealing a determination regarding reasonable accommodation, the Department will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant or representative. The applicant may be represented at all stages of the proceeding by a person designated by the applicant as their representative.

(Ord. 4823, passed 1-22-24)

   The Director shall make a written determination within 30 days of the application being deemed complete and either approve, modify, or deny a request for reasonable accommodation in compliance with § 23.31.070.

(Ord. 4823, passed 1-22-24)

   The following findings must be made by the Director in order to approve a request for reasonable accommodation. The inability to make one or more of the findings is grounds for denial of an application.

   (A)   The parcel and/or housing, which is the subject of the request for reasonable accommodation, will be used by an individual protected under the Fair Housing Laws.

   (B)   The request for reasonable accommodation is necessary to make specific housing available to one or more individuals protected under the Fair Housing Laws.

   (C)   The requested reasonable accommodation will not impose an undue financial or administrative burden on the city.

   (D)   The requested accommodation will not require a fundamental alteration of the zoning or building laws, policies and/or other procedures of the city.

(Ord. 4823, passed 1-22-24)

   In granting a request for reasonable accommodation, the review authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required herein. The conditions shall also state whether the accommodation granted shall terminate if the recipient of the accommodation was requested no longer resides on the property.

(Ord. 4823, passed 1-22-24)

   (A)   Appeals. Reasonable accommodation decisions may be appealed as provided for in § 23.24.120.

   (B)   Expiration, extensions, and revisions. Reasonable accommodations may only be expired, extended or revised as provided for in Chapter 23.24. A reasonable accommodation shall terminate if the accommodation is no longer required, or if the recipient of the accommodation no longer resides at the property.

(Ord. 4823, passed 1-22-24)

   This chapter establishes procedures and requirements for considering and entering into legally binding agreements with applicants for development projects, as authorized in Cal. Gov’t Code §§ 65864–65869.5.

(Ord. 4823, passed 1-22-24)

   (A)   The city incorporates by reference the provisions of Cal. Gov’t Code §§ 65864–65869.5. In the event of any conflict between those statutory provisions and this chapter, the statutes shall control.

   (B)   A development agreement may be considered for a proposed development that will require a developer to make a substantial investment at the early stages of the project for planning and engineering for the entire project and for public facilities and services.

(Ord. 4823, passed 1-22-24)

   Applications for development agreements shall be filed with the Community Development Department in accordance with the provisions set forth in

§ 23.24.020. In addition to any other application requirements, the application for a development agreement shall include data or other evidence in support of the applicable findings required by § 23.32.050.

(Ord. 4823, passed 1-22-24)

   (A)   Planning Commission.

      (1)   Notice. Public notice of hearings by the Planning Commission for a Development Agreement shall be given as specified in § 23.24.050. Notice of the hearing shall also be mailed or delivered to any other local agency expected to provide essential facilities or services to the property that is the subject of the development agreement.

      (2)   Hearing. The Planning Commission shall conduct a public hearing for making recommendations to the City Council in conformance with the provisions of § 23.24.060.

      (3)   Recommendation to Council. Following the public hearing, the Planning Commission shall make a written recommendation on the proposed development agreement. The Director shall transmit the Planning Commission's written recommendation and complete record of the application to the City Council.

   (B)   City Council.

      (1)   Notice. Public notice of hearings by the City Council for a development agreement shall be given as specified in § 23.24.050. Notice of the hearing shall also be mailed or delivered to any other local agency expected to provide essential facilities or services to the property that is the subject of the development agreement.

      (2)   Hearing. After receiving the report from the Planning Commission but no later than the time specified by Cal. Gov’t Code § 65943, the City Council shall hold a public hearing in conformance with the provisions of § 23.24.060.

      (3)   Decision. After the City Council completes the public hearing, the City Council shall approve, modify, or deny the development agreement. approval of a development agreement shall be by ordinance. The ordinance shall refer to and incorporate by reference the text of the development agreement.

(Ord. 4823, passed 1-22-24)

   The City Council must make the finding that a proposed development agreement and its provisions are consistent with the General Plan and any applicable specific plan to approve a development agreement. This requirement may be satisfied by a finding that the provisions of a proposed development agreement are consistent with proposed General Plan or specific plan provisions to be adopted concurrently with the approval of the proposed development agreement.

(Ord. 4823, passed 1-22-24)

   This chapter establishes procedures for consideration and review of amendments to the General Plan, Zoning Code, and/or Zoning Map, when there are compelling reasons to do so. More specifically, this chapter addresses:

   (A)   Amendments to the General Plan, to address changes in state or federal law and problems and opportunities that were unanticipated at the time of adoption or the last amendment; and

   (B)   Amendments to the Zoning Code and Zoning Map, whenever the public necessity, convenience, general welfare, or good practice justify such amendment, consistent with the General Plan.

(Ord. 4823, passed 1-22-24)

   The procedures in this chapter shall apply to:

   (A)   All proposals to change the text of the General Plan and the maps that illustrate the application of its provisions; and

   (B)   All proposals to change the text of this Zoning Code or to revise a zone or boundary line shown on the Zoning Map.

(Ord. 4823, passed 1-22-24)

   The Planning Commission shall act as the advisory body for all amendments to the General Plan, Zoning Code, and Zoning Map and provide recommendations to the City Council. The City Council shall act as the Review Authority, and after receiving recommendations from the Planning Commission, may adopt, reject, or modify all amendments to the General Plan, Zoning Code, and Zoning Map.

(Ord. 4823, passed 1-22-24)

   An amendment to the General Plan, Zoning Code, or Zoning Map may be initiated by any qualified applicant identified in § 23.24.020, the Community Development Director, or by a motion of the City Council.

(Ord. 4823, passed 1-22-24)

   (A)   Application. A qualified applicant shall submit an application accompanied by the required fee, pursuant to Chapter 23.24. The Community Development Director may require an applicant to submit such additional information and supporting data as considered necessary to process the application. The Director may allow amendments to the General Plan, Zoning Code, and Zoning Map to be processed concurrently with other applications.

   (B)   Staff report. The Community Development Director shall prepare a report and recommendation to the Planning Commission on any amendment application. The report shall include, but is not limited to, a discussion of how the proposed amendment meets the criteria in § 23.33.080 (if applicable), as well as an environmental document prepared in compliance with the California Environmental Quality Act (CEQA). Applications involving projects for which an environmental document is required shall not be heard until the environmental assessment procedures required by CEQA are satisfied.

   (C)   Public hearing and notice. All amendments to the General Plan, Zoning Code, and Zoning Map shall be referred to the Planning Commission, which shall conduct at least one public hearing on any proposed amendment. At least ten days before the date of any public hearing, the Planning Division shall provide notice as provided for in § 23.24.050. Notice of the hearing also shall be mailed or delivered to any local agency expected to provide essential facilities or services to the property that is the subject of the proposed amendment.

(Ord. 4823, passed 1-22-24)

   (A)   Planning Commission hearing. Before submitting a recommendation report to the City Council, the Planning Commission shall conduct at least one public hearing in accordance with § 23.24.060.

   (B)   Recommendation to City Council.

      (1)   Zoning Map amendment. A Planning Commission recommendation for the granting of a Zoning Map amendment shall be transmitted to the City Council within ten days after the rendering of such recommendations by the Commission. A decision by the Commission to deny a Zoning Map amendment shall be final unless such decision is appealed to the City Council.

      (2)   Zoning text amendment. An amendment to this title shall be reviewed by the Planning Commission and a recommendation made for its approval, denial or revision. Regardless of whether such recommendation is affirmative or negative, it shall be transmitted to the City Council within ten days after the rendering of the recommendation by the Commission.

(Ord. 4823, passed 1-22-24)

   (A)   City Council hearing. After receiving the recommendation from the Planning Commission, the City Council shall hold a hearing in accordance with § 23.24.060. The notice for the hearing shall include the Planning Commission's recommendation.

   (B)   City Council action. After the conclusion of the hearing, the City Council may approve, modify, or deny the proposed amendment. If the Council proposes any substantial revision not previously considered by the Planning Commission during its hearings, the proposed revision shall first be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing. The failure of the Planning Commission to report within 45 days after the referral shall be deemed a recommendation for approval and the amendment shall be returned to Council for adoption.

(Ord. 4823, passed 1-22-24)

   The Planning Commission shall not recommend and the City Council shall not approve a zoning amendment unless the proposed amendment is found to be consistent with the General Plan.

(Ord. 4823, passed 1-22-24)

2024 S-23

   This chapter establishes procedures for consideration and review of residential planned development permits. The residential planned development permit procedure is intended to ensure compliance with the provisions of this title. At the time of application for a residential planned development permit, a review of the location, design, configuration and impact of the proposed use shall be conducted by comparing such use to established standards. This review shall determine whether the permit should approved by weighing the public need for and the benefit to be derived from the use against the impacts it may cause.

(Ord. 4823, passed 1-22-24)

   The procedures in this chapter shall apply to:

   (A)   A residential planned development permit shall be required for all uses and structures within the RL, RM, and RH zones, including all two-story, second-story or multi-story additions; however, none shall be required for the following:

      (1)   An alteration or enlargement of an existing dwelling unit which increases the floor area of the dwelling by not more than 50%, except second story additions as noted above; or

      (2)   An alteration or enlargement of a garage or carport.

   (B)   A residential planned development permit shall be required under the following circumstances for property within the CMU, CBD, EMC, AC, and PF zones:

      (1)   For a new residential building or structure; or

      (2)   For the enlargement of an existing residential building or structure.

   (C)   The following projects are exempt from the residential planned development permit process:

      (1)   Small projects with less than six units; and

      (2)   Those projects that are "by-right" under governing statutes, including but not limited to projects that are 20% affordable on up-zoned sites, 20% affordable on prior Housing Element Sites Inventory sites, or SB 35 projects.

   (D)   Projects subject to the Housing Accountability Act or other statutes that limit discretion to objective standards and criteria are subject only to objective findings in this chapter.

(Ord. 4823, passed 1-22-24)

   The responsibility for review and approval of residential planned development permits shall be as follows:

   Applications for a residential planned development permit shall be filed with the Planning Division on the prescribed application forms in accordance with the procedures in § 23.24.020. In addition to any other application requirements, the application for a residential planned development permit shall include evidence showing that the requested residential planned development permit conforms to the required findings set forth in § 23.34.070.

(Ord. 4823, passed 1-22-24)

   An investigation of facts for each residential planned development permit application shall. Be made by the Director of Community Development to ensure that the action on each application is consistent with the intent and purpose of this chapter. A report on the investigation shall be prepared and made available to members of the Planning Commission.

(Ord. 4823, passed 1-22-24)

   (A)   Public notice. An application for a residential planned development permit shall require a public notice prior to the Planning Commission decision, pursuant to § 23.24.050.

   (B)   Public hearing. An application for a residential planned development permit shall require a public hearing before the Planning Commission, pursuant to § 23.24.060.

(Ord. 4823, passed 1-22-24)

   Following a public hearing on the residential planned development permit application, the decision making body vested with the authority for final determination shall approve the application only if the findings of fact below can be made. The final decision making body shall impose specific development conditions relating to both on and off site improvements (for example, streets, traffic-control devices, street lighting, fire hydrants, and the like) upon a residential planned development permit as it finds are reasonable and necessary to carry out the purpose and requirements of this chapter.

   (A)   The proposed use is permitted under this title;

   (B)   With appropriate conditioning, the proposed use complies with the purpose and intent of this title and the city's General Plan;

   (C)   With appropriate conditioning, the proposed development would be physically suitable for the lot or lots on which it is proposed;

   (D)   With appropriate conditioning, the proposed use would be compatible with existing and future land uses within the general area in which the proposed use is located;

   (E)   With appropriate conditioning, there would be adequate provisions for water, sanitation and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety;

   (F)   With appropriate conditioning, there would be adequate provisions for public access to serve the subject proposal;

   (G)   The residential planned development permit and tentative map, if required, are internally consistent and in conformance with the applicable density designation as shown on the General Plan;

   (H)   The design of the proposed new unit(s) fulfills the purpose of the respective zone;

   (I)   The design of the proposed new unit(s) fulfills the requirements set forth in this title;

   (J)   The area of open space, landscaping, parking and other communal facilities are consistent with the anticipated population of the development.

(Ord. 4823, passed 1-22-24)

   No permit shall be issued for any use involved in an application for approval of a residential planned development permit, until and unless the same shall become final.

(Ord. 4823, passed 1-22-24)

   The Department of Community Development shall be responsible for monitoring and enforcing the conditions of approval and standards imposed on all residential planned development permits granted by the city and this title. Any use which is established,

operated, erected, moved, altered, enlarged or maintained contrary to the provisions of this title or any condition of approval, is hereby declared to be unlawful and shall be subject to the remedies and penalties set forth in Chapter 1.12 of this code, and/or revocation procedures initiated pursuant to § 23.34.100 below.

(Ord. 4823, passed 1-22-24)

   (A)   Appeals. Residential planned development permit decisions may be appealed as provided for in § 23.24.120.

   (B)   Expiration, extensions, and revisions. Residential planned development permits may only be expired, extended or revised as provided for in Chapter 23.24.

   (C)   Revocation. Residential planned development permit approval may be revoked pursuant to § 23.24.110 if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.

(Ord. 4823, passed 1-22-24)