Table 5-1 (Review Authority) identifies the city official or body responsible for reviewing and making decisions on each type of application, planning permit, and other approvals required by this Development Code.

When a single project incorporates different land uses or features so that this Development Code requires multiple planning permit applications, the director may determine that all of the applications shall be reviewed, and approved or disapproved, by the highest level review authority assigned by Table 5-1 to any of the required applications. (For example, a project that requires a zoning map amendment and a use permit may be reviewed, and approved or disapproved by the council (after a recommendation from the commission), where a use permit application by itself may be reviewed and acted upon by the planning commission).

TABLE 5-1. REVIEW AUTHORITY

;sz=8q; Notes:

(1)

"Recommend" means that the review authority makes a recommendation to a higher decision-making body; "Decision" means that the review authority makes the final decision on the matter. The review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Division 88.56 (Appeals).

(2)

Decisions on design review are by the director, except that where the project also requires discretionary planning permit approval (i.e., minor use permit, use permit, minor variance, or variance), design review shall instead be by the review authority for the other discretionary planning permit.

(Ord. No. 06-O6, § 1B, 8-7-06)

The preparation and filing of applications for planning permits, amendments (e.g., general plan, zoning map, and Development Code), and other matters pertaining to this Development Code shall comply with the following requirements.

A.

Pre-Application Review.

1.

A prospective applicant or agent is strongly encouraged to request a pre-application review with the department before completion of project design and the formal submittal of a permit application.

2.

A request by an applicant for pre-application review shall be accompanied by preliminary project plans and designs and the required filing fee.

3.

City staff will inform the applicant of requirements as they apply to the proposed project, provide a preliminary list of issues that will likely be of concern during formal application review, suggest possible alternatives or modifications to the project, and identify any technical studies that may be necessary for the environmental review process when a formal application is filed.

Neither the pre-application review nor information and/or pertinent policies provided by the department shall be construed as a department recommendation for approval or disapproval of the application/project.

B.

Application Contents, Fee. Applications shall include the forms provided by the department, and all information and materials required by the application content requirements handout provided by the department for the specific type of application (e.g., use permit, variance, or others), and the filing fee required by the council.

C.

Eligibility for Filing. An application may only be filed by the owner of the site that is the subject of the application, or other person with the written consent of the property owner.

The council shall establish by resolution a schedule of fees for full city cost recovery for the processing of planning permits, amendments, and other matters pertaining to this Development Code, referred to as the council's fee resolution. The schedule of fees may be changed or modified by resolution of the council, from time to time.

Each application filed with the department in compliance with this Development Code shall be initially processed as follows.

A.

Completeness Review. The director shall review all applications for completeness and accuracy before they are accepted as being complete in compliance with Section 88.50.040.B (Application contents, fee).

1.

Notification of Applicant. The applicant shall be informed in writing within 30 days of submittal whether the application incomplete and that additional information is required for a complete application.

2.

Appeal of Determination. Where the director has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the director is not required, the applicant may appeal the determination in accordance with Chapter 88.56 (Appeals).

B.

Disapproval of Application for Violations on the Site. The director shall reject and not process an application if conditions exist on the site in violation of this Development Code or any other city permit or approval, except where the application includes measures to correct the violation, or application approval and/or conditions of approval can correct the violation. The director's authority under this subsection shall apply whether:

1.

The current applicant was the owner of the subject property at the time the violation occurred; or

2.

The applicant is the current owner of the subject property with or without actual or constructive knowledge of the violation at the time of acquisition of the subject property.

The Director's decision may be appealed in accordance with Chapter 88.56 (Appeals).

C.

Referral of Application. At the discretion of the director, or where otherwise required by this Development Code, state, or federal law, any application filed in compliance with this Development Code may be referred to any public agency that may be affected by or have an interest in the proposed land use activity.

After acceptance of a complete application, the project shall be reviewed as required by the California Environmental Quality Act (CEQA), and the city's CEQA guidelines, to determine whether the project is exempt from the requirements of CEQA or is not a project as defined by CEQA, whether a negative declaration may be issued, or whether an environmental impact report (EIR) shall be required.

A.

Staff Evaluation. The director shall review all applications filed in compliance with this chapter to determine whether they comply with the provisions of this Development Code, other applicable provisions of the Municipal Code, and the general plan. Staff will conduct an environmental assessment as part of the project review.

B.

Staff Report Preparation.

1.

The planning division shall prepare a staff report that describes conclusions about the proposed land use and any development as to its compliance and consistency with the provisions of this Development Code, other applicable provisions of the Municipal Code, the general plan, and any applicable specific plan.

2.

The staff report shall include recommendations on the approval, approval with conditions, or disapproval of the application, based on the project evaluation, and consideration of information provided by an initial study or environmental review document (e.g. negative declaration, environmental impact report, etc.).

C.

Report Distribution. Staff reports shall be furnished to the applicants at the same time as they are provided to the review authority before the public hearing, or if no hearing is required, prior to action on the application.

A.

Permit Review Procedures. This chapter provides procedures for the final review, and approval or disapproval of the planning permit applications established by this Development Code.

B.

Subdivision Review Procedures. Procedures and standards for the review and approval of subdivision maps are in the city's subdivision ordinance.

C.

Application Filing and Initial Processing. Where applicable, the procedures of this chapter are carried out after those described in Chapter 88.50 (Planning Permit Filing and Processing), for each application.

A.

Purpose. Zoning clearance is the "over-the-counter" procedure used by the city to verify that a proposed structure or land use is allowed in the applicable zoning district, and that the project complies with all applicable requirements of this Development Code.

B.

Applicability. Where Article 2 (Urban Standards) or other provision of this Development Code requires a zoning clearance as a prerequisite to establishing a land use, the zoning clearance shall be required at the time of department review of any building, grading, or other construction permit, or other authorization required by this Development Code for the proposed use, and prior to the establishment of any land use allowed as a permitted ("P") use by Article 2 (Urban Standards) that involves no construction requiring a building permit.

C.

Review and Approval. The director shall issue the zoning clearance after determining that the request complies with all Development Code provisions applicable to the proposed use. An approval may be in the form of a stamp, city staff signature, or other official notation on approved plans, a letter to the applicant, or other certification, at the discretion of the director. The director shall not grant a zoning clearance, and the proposed land use shall not be established if existing site improvements and/or any affected structure do not comply with all applicable requirements of this Development Code, except as provided by Chapter 88.54 (Nonconforming Uses, Structures, and Parcels).

A.

Purpose. This section establishes procedures for the granting of temporary use permits that allow short-term activities identified by this section that may not meet the normal development or use standards of the applicable zoning district, but may be acceptable because of their temporary nature.

B.

Applicability. A temporary use permit allows the short-term activities listed in subsection E. (Allowed Temporary Uses), that may not comply with the normal development or use standards of the applicable zone, but may otherwise be acceptable because of their temporary nature. This section does not apply to outdoor festivals, which are instead regulated by Municipal Code Article XII.

C.

Review Authority. A temporary use permit may be approved or denied by the director, in compliance with this section.

D.

Exempt Temporary Activities. The following temporary activities are allowed without temporary use permit approval. Temporary activities that do not fall within the following categories shall comply with subsection E.

1.

Emergency Facilities. Temporary facilities to accommodate emergency public health and safety needs and activities.

2.

Garage Sales. Garage sales, provided that each garage sale shall comply with Municipal Code Section 18-531 et seq. (Garage and Lawn Sales).

3.

Public Property, or Public Right-of-Way. Activities conducted on public property that are approved by the council or as otherwise required by the Municipal Code.

4.

Fund-Raising Car Washes. Fund-raising car washes, not to exceed six per year, on property within a commercial or industrial zone, or on institutional property.

5.

Fireworks Sales.

E.

Allowed Temporary Uses. The following temporary uses may be allowed, subject to the issuance of a temporary use permit. Uses that do not fall within the categories defined below shall comply with the use and development regulations and planning permit requirements that otherwise apply to the property.

1.

Construction Office. A temporary construction office, used during the construction of a main building or buildings on the same site, shall be permitted subject to the following conditions.

a.

The temporary construction office may consist of a manufactured home, commercial coach, self-contained recreational vehicle, or mobile office, provided the structure is installed in compliance with California Building Standards Code requirements for temporary construction offices.

b.

Temporary construction offices shall be removed prior to the issuance of a certificate of use and occupancy for the main building or buildings. If construction is phased over a length of time, the permit may provide that certificates of use and occupancy may be issued for completed buildings.

c.

Prior to the last buildings in a tract or phase being granted certificates of occupancy, the temporary construction offices shall be removed.

2.

Construction Yards — Off-Site. Off-site contractors' construction yards, in conjunction with an approved construction project. The permit shall expire and the construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion building permit, authorizing the construction project.

3.

Downtown Sidewalk/Parking Lot Sales and Exhibits. The Downtown Business Association may make application for an annual temporary use permit to conduct sidewalk/parking lot sales and exhibit events within a portion of the downtown area, which is specifically described as the properties forming the commercial area along the east and west sides of Azusa Ave. between 5th Street and 9th Street. Application for an annual permit shall be made as described in this section. Up to 12 sidewalk/parking lot sales and/or exhibit events may be allowed with one annual temporary use permit, subject to the following:

a.

The director may impose any conditions of approval deemed necessary to protect the public health, safety, and welfare, and the surrounding uses;

b.

An annual encroachment permit is required for activities and/or objects placed in the public right-of-way, which may be considered concurrently with the annual temporary use permit process;

c.

Each event allowed under the annual permit may be conducted for a period not to exceed three consecutive days;

d.

The Downtown Business Association shall provide no less than two weeks of advanced notice to the director for the conduct of any event approved under the annual permit;

e.

The director may require a cash bond or other guarantee for removal of the temporary use, cleanup and restoration of the event site within seven days of the event's conclusion;

f.

The term of the permit shall be one year from the date of approval; and

g.

The fee for the annual permit shall be as established by the city fee schedule.

4.

Mobile Home. A mobile home for temporary caretaker quarters during the construction of a subdivision, multi-family, or non-residential project, while a valid building permit is in force. The permit may be approved for a specified duration, or upon expiration of the building permit, whichever occurs first.

5.

Model Homes. A model home or model home complex may be authorized before the completion of subdivision improvements in compliance with the following standards.

a.

The sales office and any off-street parking shall be converted back to residential use and/or removed before the issuance of the final occupancy permit or within 14 days from the sale of the last parcel in the subdivision, whichever first occurs.

b.

A model home complex shall be used to sell only units within the subdivision within which the complex is located.

c.

A model home will be granted a final building inspection and will be allowed to be open to the public only after all subdivision improvements are completed and accepted by the city.

d.

Model home sign permits will be issued only after all subdivision improvements are completed and accepted by the city.

6.

Outdoor Displays/Sales. The temporary outdoor display/sales of merchandise (e.g. sidewalk sales and promotional events) at shopping centers and single commercial lots, in compliance with 88.42.150. The property owner may make an application for an annual temporary use permit to conduct multiple sidewalk/parking lot sales and promotional events within a designated portion of the site.

7.

Seasonal Sales Lots. Temporary seasonal sales activities (e.g., Christmas trees, pumpkin sales, and other similar outdoor sales) may be permitted in any commercial or industrial zoning district, or on any religious facility or school site that abuts a collector or higher rated roadway, as designated in the general plan, except where prohibited by specific zoning district regulations. Temporary seasonal sales shall be subject to the following requirements.

a.

A temporary seasonal sales lot shall not be open for business during any calendar year prior to one month preceding the seasonal holiday.

b.

The sales lot shall not sell any merchandise not directly associated with the specific holiday for which the sale is being held.

c.

The applicant shall secure an electrical permit from the city if the lot will be using electricity.

d.

All facilities and materials related to the seasonal sales activity and all other debris, shall be removed within 14 days after the holiday, including all debris, and restored to the previous condition as existed prior to the establishment of the facility.

e.

The director may impose any other conditions necessary to protect public health, welfare, and peace of the surrounding area.

8.

Temporary Real Estate Offices. Temporary real estate offices, and related facilities may be established within the area of an approved residential subdivision project, solely for the first sale of homes. The temporary use permit may be approved for a maximum of two years, but may be extended by the director.

A Temporary use permit for these purposes shall include conditions necessary to protect the public safety and welfare. Conditions shall also require adequate guarantees that the structures and facilities will be removed or made consistent with applicable zoning regulations within 90 days after the expiration of the permit. In addition to the findings required for the approval of a permit, the approval of a temporary real estate office shall also include the following findings:

a.

The access, parking, and circulation facilities will not result in excess traffic congestion or traffic safety hazards; and

b.

The operation of the real estate office and associated activities will not conflict with the adjacent or nearby residential uses.

9.

Similar Temporary Uses. Similar temporary uses which, in the opinion of the director, are compatible with the zoning district and surrounding land uses, and are necessary because of unusual or unique circumstances beyond the control of the applicant.

F.

Application Filing, Processing, and Review. An application for a temporary use permit shall be filed with the department and processed as follows.

1.

Application Contents. The application shall be made on forms furnished by the department, and shall be accompanied by the information identified in the department handout for temporary use permit applications. It is the responsibility of the applicant to establish evidence in support of the findings required by subsection H. (Findings and decision), below.

2.

Time for Filing. An application for a temporary use permit shall be submitted for review in compliance with this section, a minimum of 30 days before the establishment or operation of the proposed use.

G.

Standards. Standards for floor areas, heights, landscaping, parking, setbacks, and other structure and property development standards that apply to the category of use or the zoning district of the site shall be used as a guide for determining the appropriate development standards for temporary uses. The director may authorize an adjustment from the specific standards deemed necessary or appropriate consistent with the temporary nature of the use.

H.

Other Permits Required. Temporary uses may be subject to additional licenses, inspections, or permits required by applicable local, state, or federal requirements.

I.

Findings and Decision.

1.

A temporary use permit may be approved, modified, conditioned, or disapproved by the director, without a noticed public hearing.

2.

The director may defer action and refer the application to the commission for review and decision at a noticed public hearing.

3.

The director may approve or conditionally approve a temporary use permit application, only after first finding that:

a.

The establishment, maintenance or operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use.

b.

The use, as described and conditionally approved, will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.

c.

Approved measures for the removal of the use and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Development Code.

J.

Conditions of Approval. In approving a temporary use permit, the director may impose conditions (e.g., buffers, hours of operation, landscaping and maintenance, lighting, off-site improvements, parking, performance guarantees, property maintenance, signs, surfacing, time limits, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by subsection I. (Findings and decision), above.

K.

Condition of Site Following Temporary Use. Each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used in compliance with the provisions of this Development Code. The review authority may require appropriate security before initiation of the use to ensure proper cleanup after the use is finished.

(Ord. No. 06-O6, § 1B, 8-7-06; Ord. No. 10-O1, § 20, 3-1-10)

A.

Purpose. Design review is intended to ensure that the design of proposed development and new land uses assists in maintaining and enhancing the attractive appearance of the city. Therefore, the purposes of these procedures are to:

1.

Recognize the interdependence of land values and aesthetics and encourage the orderly and harmonious appearance of development within the community;

2.

Ensure that new uses and structures enhance their sites and are compatible with the highest standards of improvement in the surrounding neighborhoods;

3.

Retain and strengthen the visual quality and attractive character of the community;

4.

Assist project developers in understanding the city's concerns for the aesthetics of development; and

5.

Ensure that development complies with all applicable city standards and guidelines, and does not adversely affect community health, safety, aesthetics, or natural resources.

B.

Applicability. Design review is required for:

1.

New single-family dwellings;

2.

Multi-family projects;

3.

Second floor additions to existing dwellings, alterations (including siding, new windows, wainscoting, doors, columns, porches, etc.) to facade visible from a street, and/or ground floor additions that increase existing floor area by more than 29 percent or 499 square feet;

4.

Non-residential projects, including permanent outdoor sales and displays, news and flower stands, and outdoor dining; and

5.

Façade improvements to nonresidential buildings which include but are not limited to repainting of the exterior color, installation of new windows or exterior doors visible from public right-of-way, exterior façade treatments (stucco, siding, brick or stone veneer, or other enhanced building material), installation or repair of awning, canopy, or other shade solution.

C.

Review Authority. Design review shall be by the director; except that where the proposed project also requires the approval of a discretionary planning permit (i.e., use permit, minor use permit, variance, or minor variance) in compliance with this chapter, design review shall be by the review authority for the discretionary planning permit.

D.

Application Filing and Processing. An application shall be prepared, filed, and processed in compliance with Chapter 88.50 (Planning Permit Filing and Processing). It is the responsibility of the applicant to provide evidence in support of the findings required by subsection E.

1.

Each application shall be reviewed by the director to ensure that the proposal complies with all applicable requirements of this Development Code. The director may approve or deny a design review application without a public hearing, or may choose to refer any design review application to the commission for a hearing and decision. When an application is referred to the commission for a hearing, notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 88.58 (Public Hearings).

2.

Exception - Two story homes or second story additions to single-family dwellings. For applications for a two story home or second story addition in neighborhoods where the majority of the existing dwellings are single-story, the director may approve or deny a design review application without a public hearing only after notifying property owners within 300 feet of the subject property.

a.

Content of public notice. The notice shall state that the director will decide whether to approve or deny the application on the date specified in the notice, and that a public hearing will held only if requested in writing by any interested person prior to the specified date for decision.

b.

Notice and hearing. When a hearing is requested, notice of the hearing shall be provided in compliance with Chapter 88.58 (Public Hearings), and the director shall conduct the public hearing prior to a decision on the application in compliance with this Section.

E.

Findings and Decision. The review authority shall approve or disapprove an application for design review approval concurrently with the approval or disapproval of any other planning permit (i.e., Use permit, minor use permit, variance or minor variance, zoning clearance) required for the project, if the design review application is filed with the city at the same time. Design review approval shall require that the review authority first find that the project, as proposed or with changes resulting from the review process and/or conditions of approval:

1.

Provides architectural design, building massing and scale appropriate to and compatible with the site surroundings and the community;

2.

Provides attractive and desirable site layout and design, including, but not limited to, building arrangement, exterior appearance and setbacks, drainage, fences and walls, grading, landscaping, lighting, signs, etc.;

3.

Provides efficient and safe public access, circulation and parking;

4.

Provides appropriate open space and landscaping, including the use of water efficient landscaping;

5.

Is consistent with the general plan any applicable specific plan, development agreement, and/or any previously approved planning permit; and

6.

Complies with all applicable requirements of this Development Code, and any other adopted city design standards, guidelines, and policies.

F.

Conditions of Approval. The review authority may require any reasonable conditions of approval to ensure that the project will comply with the findings required by subsection D.

G.

Post Approval Procedures. The procedures and requirements in Chapter 88.52 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Chapter 88.56 (Appeals), shall apply following the decision on an application for design review.

(Ord. No. 06-O6, § 1B, 8-7-06; Ord. No. 2020-02, § 3, 2-3-20)

Editor's note— Ord. No. 2023-02, § 3(Exh. A), adopted March 20, 2023, repealed § 88.51.034, which pertained to discretionary permit for accessory dwelling unit that does not qualify for ministerial approval and derived from Ord. No. 2020-06, § 3, 8-17-20.

A.

Purpose. The use permit and minor use permit provide a process for reviewing proposed uses and activities that may be appropriate in the applicable zoning district, but whose effects on site and surroundings and, therefore, the appropriateness of the use or activity to the site or surroundings cannot be determined before a proposal is submitted for a specific site.

B.

Applicability. A use permit or minor use permit is required to authorize a proposed land use identified by Article 2 (Urban Standards) as being allowable in the applicable zone subject to the approval of a use permit or minor use permit. Minor use permit approval may be considered only for a project that is exempt from the California Environmental Quality Act (CEQA). A project that is required by Article 2 to have minor use permit approval, but is not exempt from CEQA, shall instead require a use permit.

C.

Review Authority. A use permit shall be approved or denied by the commission; a minor use permit shall be approved or denied by the zoning administrator, provided that the zoning administrator may choose to refer any minor use permit application to the commission for hearing and decision in the same manner as a use permit.

D.

Application Filing and Processing. An application for a use permit or minor use permit shall be filed and processed in compliance with Chapter 88.50 (Planning Permit Filing and Processing).

E.

Project Review, Notice and Hearing. Each application shall be reviewed by the director to ensure that the proposal complies with all applicable requirements of this Development Code.

1.

Use Permit. The commission shall conduct a public hearing on an application for a use permit prior to a decision on the application. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 88.58 (Public Hearings).

2.

Minor Use Permit. The zoning administrator may approve or deny a minor use permit without a public hearing, or may choose to refer any minor use permit application to the commission for a hearing and decision in the same manner as provided for a use permit in subsection E.1, above.

a.

Content of Public Notice. The notice shall state that the zoning administrator will decide whether to approve or deny the minor use permit application on the date specified in the notice, and that a public hearing will held only if requested in writing by any interested person prior to the specified date for decision.

b.

Content of Request for Hearing. A written request for a hearing must state the reasons why the interested person believes that the zoning administrator's proposed decision is in conflict with the goals and policies of the general plan and/or standards of the Development Code.

c.

Notice and Hearing. When a hearing is requested, notice of the hearing shall be provided in compliance with Chapter 88.58 (Public Hearings), and the commission shall conduct the public hearing prior to a decision on the application in compliance with this section.

F.

Findings and Decision. The review authority may approve or deny an application for use permit or minor use permit approval. The review authority shall record the decision and the findings on which the decision is based. The review authority may approve a use permit or minor use permit only after first finding all of the following:

1.

The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Development Code and the Municipal Code;

2.

The proposed use is consistent with the general plan and any applicable specific plan;

3.

The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and future land uses in the vicinity;

4.

The site is physically suitable for the type, density and intensity of use being proposed, including access, utilities, and the absence of physical constraints; and

5.

Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located.

G.

Conditions of Approval. In approving a use permit or minor use permit, the review authority may impose any reasonable conditions to ensure that the approval will comply with the findings required by subsection F. (Findings and Decision).

H.

Post Approval Procedures. The procedures and requirements in Chapter 88.52 (Permit Implementation, Time Limits, and Extensions), and those related to appeals in Chapter 88.56 (Appeals), shall apply following the decision on an application for use permit or minor use permit approval.

A.

Purpose. The variance and minor variance provide a process for city consideration of requests to waive or modify certain standards of this Development Code when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other physical features, the strict application of the development standards otherwise applicable to the property denies the property owner privileges enjoyed by other property owners in the vicinity and in the same zoning district.

B.

Applicability. A variance or minor variance may be granted to waive or modify any requirement of this Development Code except: allowed land uses; residential density; specific prohibitions (for example, prohibited signs), or procedural requirements.

C.

Review Authority. A variance shall be approved or denied by the commission. The zoning administrator may approve a minor variance to grant relief from any of the following requirements of this Development Code, up to a maximum reduction of ten percent.

1.

Setbacks and distance between structures;

2.

Parcel dimensions (not area);

3.

Structure height;

4.

Fence and wall height; or

5.

On-site parking, loading, and landscaping.

The zoning administrator may choose to refer any minor variance to the commission for hearing and decision.

D.

Application Filing and Processing. An application for a variance or minor variance shall be completed, filed, and processed in compliance with Chapter 88.50 (Planning Permit Filing and Processing). It is the responsibility of the applicant to provide evidence in support of the findings required by subsection F.

E.

Project Review, Notice and Hearing. Each application shall be reviewed by the zoning administrator to ensure that the proposal complies with this section, and other applicable requirements of this Development Code.

1.

Variance. The commission shall conduct a public hearing on an application for a variance prior to a decision on the application. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 88.58 (Public Hearings).

2.

Minor Variance. The zoning administrator may approve or deny a minor variance without a public hearing, or may choose to refer any minor variance application to the commission for a hearing and decision in the same manner as provided for a variance by subsection E.1.

a.

Public Notice. The notice shall state that the zoning administrator will decide whether to approve or deny the minor variance application on the date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person prior to the specified date for the decision.

b.

Content of Request for Hearing. A written request for a hearing must state the reasons why the interested person believes that the zoning administrator's proposed decision is in conflict with the goals and policies of the general plan and/or standards of the Development Code.

c.

Hearing. When a hearing is requested, notice of the hearing shall be provided in compliance with Chapter 88.58 (Public Hearings), and the commission shall conduct the public hearing prior to a decision on the application in compliance with this section.

F.

Findings and Decision. The review authority may approve or deny an application for a variance or minor variance. The review authority shall record the decision and the findings on which the decision is based.

1.

General Findings. The review authority may approve a variance or minor variance only after first making all of the following findings.

a.

There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, so that the strict application of this Development Code deprives the property of privileges enjoyed by other property in the vicinity and within the same zoning district;

b.

The approval of the variance or minor variance includes conditions of approval as necessary to ensure that the adjustment granted does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and within the same zoning district; and

c.

The variance or minor variance is consistent with the General Plan, and any applicable specific plan.

2.

Reasonable Accommodation. The review authority may also grant a variance or minor variance to the site planning or development standards of this Development Code in compliance with this section, based on the finding that the variance or minor variance is necessary to accomplish a reasonable accommodation of the needs of a disabled person in compliance with the Americans with Disabilities Act (ADA), or needs under the Federal Religious Land Use and Institutionalized Persons Act (RLUIPA).

G.

Conditions of Approval. In approving a variance or minor variance, the review authority:

1.

Shall impose conditions to ensure that the approval does not grant special privileges inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is located; and

2.

May impose any reasonable conditions to ensure that the approval complies with the findings required by subsection F. (Findings and decision).

H.

Post Approval Procedures. The procedures and requirements in Chapter 88.52 (Permit Implementation, Time Limits, and Extensions), and those related to appeals in Chapter 88.56 (Appeals), shall apply following the decision on an application for a variance or minor variance.

(Ord. No. 06-O6, § 1B, 8-7-06)

A.

Initiation. Notwithstanding the provisions of Chapter 88.50 (Planning Permit Filing and Processing) of this Development Code, initiation of amendments to the zoning map or modification of the provisions of this Development Code shall be as follows:

1.

By action of the city council; or

2.

By action of the planning commission; or

3.

By action of city staff; or

4.

By application by one or more property owners of property proposed for rezoning. Such application shall be filed as required by Chapter 88.50 (Planning Permit Filing and Processing). Furthermore, the application shall explain the reason of public necessity, convenience, health, safety, or general welfare requiring such amendment.

B.

Investigation by Planning Commission. The planning commission shall direct its staff to investigate the facts bearing upon the proposed zone change or Development Code amendment, including the analysis of precedent cases as appropriate, to provide the necessary information to enable the commission to act.

C.

Proceedings - Planning Commission.

1.

Upon the acceptance of a completed application or direction to take action as described in Section 88.51.060.A, the director or his designee shall review the application pursuant to Section 88.51.060.B above. The director shall prepare a recommendation and forward the recommendation, application, and other relevant materials to the secretary to the planning commission. The secretary shall schedule the matter for public hearing before the planning commission pursuant to the provisions of this Development Code.

2.

The planning commission shall hear and take action upon the application pursuant to the provisions of Section 88.58 (Public Hearings). The commission may continue the hearing from time to time, and no additional notification shall be required.

3.

The commission shall act to recommend approval, approval with modifications, or denial of the application. A majority vote of the commission voting members is required to recommend approval or approval with modifications.

4.

The commission shall make its findings and recommendations in writing and shall transmit its report, together with the application, to the city clerk not more than 35 days from completion of the hearing. A copy of the report shall also be transmitted to the applicant.

D.

Proceedings - City Council.

1.

Upon receipt of a planning commission report recommending denial of a zone change or amendment, no additional action shall be taken, and the recommendation of the planning commission will be considered final and the commission's decision will be considered final unless, within 20 calendar days after the planning commission's decision, an appeal is filed pursuant to Section 88.56 (Appeals) of this Development Code, or unless the city council sets the matter for council hearing. All such hearings shall be noticed and conducted as provided for in Section 88.58 (Public Hearings).

2.

Upon receipt of a planning commission report recommending approval of a zone change or amendment, the city clerk shall set the matter for hearing before the city council as provided for in Section 88.58 (Public Hearings).

3.

If there is a hearing, thel city council shall hear and take action upon the application pursuant to the provisions of Section 88.58 (Public Hearings).

4.

If there is a hearing, the council shall act to approve or deny the application requesting a zone change or Development Code amendment.

5.

If the council proposes any substantial modification to the application not previously considered by the planning commission, the council shall refer the matter back to the commission for consideration. No public hearing shall be required. Failure of the commission to act within 40 days of receiving the council's request shall provide the council with the authority to act without the commission's recommendation.

E.

Findings Required. The planning commission and city council shall be required to make the following findings of fact before approving a zone change or Development Code amendment:

1.

That the proposed amendment is consistent with the goals, policies, and objectives of the general plan, any applicable specific plan, development agreement, owner participation agreement or disposition and development agreement; and

2.

That a proposed zone change will not adversely affect surrounding properties.

(Ord. No. 06-O6, § 1B, 8-7-06)

A.

Initiation. Notwithstanding the provisions of Chapter 88.50 (Planning Permit Filing and Processing) of this Development Code, initiation of a specific plan or an amendment to a specific plan shall be as follows:

1.

By action of the city council; or

2.

By action of the planning commission; or

3.

By action of city staff; or

4.

By application by one or more property owners of property for which the specific plan is proposed. Such application shall be filed as required by Chapter 88.50 (Planning Permit Filing and Processing). Furthermore, the application shall explain the reason of public necessity, convenience, health, safety, or general welfare requiring the adoption or amendment to a specific plan.

B.

Investigation by Planning Commission. The planning commission shall direct its staff to investigate the facts bearing upon the proposed specific plan or amendment, including the analysis of precedent cases as appropriate, to provide the necessary information to enable the commission to act.

C.

Proceedings - Planning Commission.

1.

Upon the acceptance of a completed application or direction to take action as described in Section 88.51.070.A, the director or his designee shall review the application pursuant to Section 88.51.070.B above. The director shall prepare a recommendation and forward the recommendation, application, and other relevant materials to the secretary to the planning commission. The secretary shall schedule the matter for public hearing before the planning commission pursuant to the provisions of this Development Code.

2.

The planning commission shall hear and take action upon the application pursuant to the provisions of Section 88.58 (Public Hearings). The commission may continue the hearing from time to time, and no additional notification shall be required.

3.

The commission shall act to recommend approval, approval with modifications, or denial of the application. A majority vote of the commission voting members is required to recommend approval or approval with modifications.

4.

The commission shall make its findings and recommendations in writing and shall transmit its report, together with the application, to the city clerk not more than 35 days from completion of the hearing. A copy of the report shall also be transmitted to the applicant.

D.

Proceedings - City Council.

1.

Upon receipt of a planning commission report recommending denial of a specific plan or amendment, no additional action shall be taken, and the recommendation of the planning commission will be considered final and the commission's decision will be considered final unless, within 20 calendar days after the planning commissions decision, an appeal is filed pursuant to Section 88.56 (Appeals) of this Development Code, or unless the city council sets the matter for council hearing. All such hearings shall be noticed and conducted as provided for in Section 88.58 (Public Hearings).

2.

Upon receipt of a planning commission report recommending approval of a specific plan or amendment, the city clerk shall set the matter for hearing before the city council as provided for in Section 88.58 (Public Hearings).

3.

If there is a hearing, the city council shall hear and take action upon the application pursuant to the provisions of Section 88.58 (Public Hearings).

4.

If there is a hearing, the council shall act to approve or deny the application requesting a approval of a specific plan or amendment.

5.

If the council proposes any substantial modification to the application not previously considered by the planning commission, the council shall refer the matter back to the commission for consideration. No public hearing shall be required. Failure of the commission to act within 40 days of receiving the council's request shall provide the council with the authority to act without the commission's recommendation.

E.

Findings Required. The planning commission and city council shall be required to make the following findings of fact before approving a specific plan:

1.

That the proposed specific plan is consistent with the goals, policies, and objectives of the general plan, any applicable specific plan, development agreement, owner participation agreement or disposition and development agreement; and

2.

That a proposed specific plan will not adversely affect surrounding properties.

(Ord. No. 06-O6, § 1B, 8-7-06)

A.

Initiation. Amendments to the general plan text or land use policy map may be initiated in the same manner as a zone change or Development Code amendment, as provided for in Sections 88.51.060.

B.

Proceedings - Planning Commission.

1.

Upon the acceptance of a completed application or upon receiving direction to take action as described in Section 88.51.080.A, the director or his designee shall review the application. The director shall prepare a recommendation and forward the recommendation, application, and other relevant materials to the secretary to the planning commission. The secretary shall schedule the matter for public hearing before the planning commission pursuant to the provisions of this chapter.

2.

The planning commission shall hear and take action upon the application pursuant to the provisions of Section 88.58 (Public Hearings). The commission may continue the hearing from time to time, and no additional notification shall be required.

3.

The commission shall act to recommend approval, approval with modifications, or denial of the application or resolution. A majority vote of the commission voting members is required to recommend approval or approval with modifications.

4.

The commission shall make its findings and recommendations in writing and shall transmit its report, together with the application, to the city clerk not more than 35 days from completion of the hearing. A copy of the report shall also be transmitted to the applicant.

C.

Proceedings - City Council.

1.

Upon receipt of the planning commission report, the city clerk shall set the matter for hearing before the city council as provided for in Section 88.58 (Public Hearings).

2.

The city council shall hear and take action upon the application pursuant to the provisions of Section 88.58 (Public Hearings).

3.

The council shall act to approve, approve with modifications, or deny the application. A majority vote of the total council voting members is required to adopt or amend the general plan.

4.

The council's action to adopt or amend the general plan shall be by formal resolution.

5.

If the council proposes any substantial modifications to the application not previously considered by the planning commission, the council shall refer the matter back to the commission for consideration. No public hearing shall be required. Failure of the commission to act within 40 days of receiving the council's request shall provide the council with the authority to act without the commission's recommendation.

D.

Findings Required. Prior to approving or recommending approval of a general plan amendment, the responsible hearing body shall make the following findings:

1.

That the proposed amendment is in the public interest, and that there will be a community benefit resulting from the amendment;

2.

That the proposed amendment is consistent with the other goals, policies, and objectives of the general plan;

3.

That the proposed amendment will not conflict with provisions of the Development Code, subdivision regulations, or any applicable specific plan; and

4.

In the event that the proposed amendment is a change to the land use policy map, that the amendment will not adversely affect surrounding properties.

(Ord. No. 06-O6, § 1B, 8-7-06)

A.

Time Limit for Resubmittal. Following the disapproval, or revocation of a use permit, minor use permit, variance, or minor variance, no application for the same or substantially similar project for the same site shall be filed for a minimum of 12 months.

B.

Director's Determination. The director shall determine whether a new application is for a project that is the same or substantially similar to the previously approved or disapproved permit or entitlement.

C.

Appeal. The determination of the director may be appealed to the commission, in compliance with Chapter 88.56 (Appeals).

D.

Council Waiver. The council may waive the resubmittal limitations of this section.

(Ord. No. 06-O6, § 1B, 8-7-06)

This chapter provides requirements for the implementation or "exercising" of the permits required by this Development Code, including time limits, and procedures for extensions of time.

The approval of a planning permit (e.g., use permit, temporary use permit, variance, etc.) shall become effective on the 21st day following the date of application approval by the review authority, where no appeal of the approval has been filed in compliance with Chapter 88.56 (Appeals).

A permit applicant may be required by conditions of approval or by action of the director to provide adequate security to guarantee the faithful performance and proper completion of any approved work, and/or compliance with conditions of approval imposed by the review authority. The provisions of this section apply to performance guarantees for projects authorized by any of the planning permits covered by this article.

A.

Form and Amount of Security. The required security shall be in a form approved by the director and city attorney. The amount of security shall be as determined by the director to be necessary to ensure proper completion of the work and/or compliance with conditions of approval.

B.

Security for Maintenance. In addition to any improvement security required to guarantee proper completion of work, the director may require security for maintenance of the work, in an amount determined by the director to be sufficient to ensure the proper maintenance and functioning of improvements.

C.

Duration of Security. Required improvement security shall remain in effect until final inspections have been made and all work has been accepted by the director, or until any warranty period required by the director has elapsed. Maintenance security shall remain in effect for one year after the date of final inspection.

D.

Release or Forfeit of Security.

1.

Upon satisfactory completion of work and the approval of a final inspection (or after the end of the required time for maintenance security), the improvement and/or maintenance deposits or bonds shall be released.

2.

Upon failure to complete the work, failure to comply with all of the terms of any applicable permit, or failure of the completed improvements to function properly, the city may do the required work or cause it to be done, and collect from the permittee or surety all the costs incurred by the city, including the costs of the work, and all administrative and inspection costs.

3.

Any unused portion of the security shall be refunded to the funding source after deduction of the cost of the work by the city.

A.

Permits to Run with the Land. A planning permit granted in compliance with this chapter shall continue to be valid upon a change of ownership (e.g., of the site, structure, or use that was the subject of the permit application), provided that the use remains in compliance with all applicable provisions of this Development Code and any conditions of approval.

B.

Time Limits.

1.

Unless conditions of approval or other provisions of this Development Code establish a different time limit, any permit or approval granted in compliance with Chapter 88.51 (Permit Review and Decisions) and Article IV of Chapter 66 (Subdivisions) that is not exercised within the time limits listed below after its approval shall expire and be subject to revocation, except where an extension of time is approved in compliance with subsection C., below.

2.

The permit shall not be deemed "exercised" until the permittee has obtained a building permit, or has commenced the operation of a land use not requiring a building permit.

3.

The planning permit shall remain valid after it has been exercised as long as it has not been revoked, and a building permit is active for the project, or a final building inspection or certificate of occupancy has been granted.

4.

If a project is to be developed in approved phases, each subsequent phase shall be exercised within two years from the date that the previous phase was exercised, unless otherwise specified in the permit, or the permit shall expire and be deemed void. If the project also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the permit shall be exercised before the expiration of the tentative map, or the permit shall expire and be subject to revocation.

C.

Extensions of Time. Upon request by the applicant, the review authority may extend the time for an approved permit to be exercised.

1.

The applicant shall file a written request for an extension of time with the department prior to the date of expiration of the permit, together with the filing fee required by the council's fee resolution.

2.

The burden of proof is on the permittee to establish with substantial evidence that the permit should not expire. If the review authority determines that the permittee has proceeded in good faith and has exercised due diligence in complying with the conditions in a timely manner, the review authority may grant a time extension for up to an additional two years from the date of the decision, provided that the review authority first finds that:

a.

The proposed extension is consistent with the general plan, and any applicable specific plan, and the overall project remains consistent with those plans as they exist at the time the extension request is being considered; and

b.

There are adequate provisions for public services and utilities (e.g., access, drainage, fire protection, sewers, water, etc.), to ensure that the proposed extension would not endanger, jeopardize, or otherwise constitute a hazard to the public health, safety, or general welfare, or be injurious to the property or improvements in the vicinity and applicable zoning district.

3.

No more than two time extensions shall be granted. After the expiration of the second extension, the permit shall expire and be subject to revocation.

D.

Hearing on Expiration. The review authority shall hold a hearing to consider revocation of an expired permit, in compliance with Chapter 88.58 (Public Hearings).

(Ord. No. 2020-02, § 3, 2-3-20)

Development or a new land use authorized through a permit granted in compliance with this Development Code shall be established only as approved by the review authority and subject to any conditions of approval, except where changes to the project are approved in compliance with this section.

A.

Request for Change. An applicant shall request desired changes in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request. Changes may be requested either before or after construction or establishment and operation of the approved use.

B.

Minor Changes. The director may approve changes to an approved site plan, architecture, or the nature of the approved use if the changes comply with all of the following:

1.

Are consistent with all applicable provisions of this Development Code;

2.

Will not involve a change to an environmental determination for the project;

3.

Do not involve a feature of the project that was specifically addressed in, or was a basis for conditions of approval for the project or that was a specific consideration by the review authority in the approval of the permit; and

4.

Do not expand the approved floor area or any outdoor activity area by ten percent or more over the life of the project.

C.

Major Changes. Changes to the project that do not comply with subsection B., above, shall only be approved by the appropriate review authority through a new permit application.

A.

Applicability. When necessary to achieve the land use goals of the city, the review authority may impose conditions on the approval of a discretionary planning permit application requiring the property owners of an approved project who hold property in common ownership to execute and record a covenant of easement in favor of the city, in compliance with Government Code Sections 65870 et seq.

1.

A covenant of easement may be required to provide for emergency access, landscaping, light and air access, ingress and egress, parking, solar access, or for open space.

2.

The covenant of easement may be imposed as a condition of approval by the review authority.

B.

Form of Covenant. The form of the covenant shall be approved by the city attorney, and the covenant of easement shall:

1.

Describe the real property to be subject to the easement;

2.

Describe the real property to be benefited by the easement;

3.

Identify the city approval or permit granted which relied on or required the covenant; and

4.

Identify the purpose of the easement.

C.

Recordation. The covenant of easement shall be recorded in the county recorder's office.

D.

Effect of Covenant. From and after the time of its recordation, the covenant of easement shall:

1.

Act as an easement in compliance with state law (Chapter 3 (commencing with Section 801) of Title 2 of Part 2 of Chapter 2 of the Civil Code), except that it shall not merge into any other interest in the real property. Civil Code Section 1104 shall be applicable to the conveyance of the affected real property; and

2.

Impart notice to all persons to the extent afforded by the recording laws of the state. Upon recordation, the burdens of the covenant shall be binding on, and the Covenant shall benefit, all successors-in-interest to the real property.

E.

Enforceability of Covenant. The covenant of easement shall be enforceable by the successors-in-interest to the real property benefited by the covenant and the city. Nothing in this section creates standing in any person, other than the city, and any owner of the real property burdened or benefited by the covenant, to enforce or to challenge the covenant or any requested amendment or release.

F.

Release of Covenant. The release of the covenant of easement may be effected either by the commission, or the council on appeal, following a public hearing in compliance with Chapter 88.52 (Public Hearings).

1.

The covenant of easement may be released by the city, at the request of any person, including the city or an affected property owner, on a finding that the covenant, on the subject property, is no longer necessary to achieve the land use goals of the city.

2.

A notice of the release of the covenant of easement shall be recorded by the director with the county recorder's office.

G.

Fees. The city shall impose fees to recover the city's reasonable cost of processing a request for a release. Fees for the processing shall be established by the city fee resolution.

(Ord. No. 06-O6, § 1B, 8-7-06)

This chapter establishes procedures and requirements for the review and approval of development agreements, consistent with Government Code Sections 65864, et seq.

A.

Filing. Any person having legal or equitable interest in real property for the development of the property may request and apply through the director to enter into a development agreement provided that the application is made on forms approved, and contains all information required, by the director.

B.

Processing. The director is hereby empowered to receive, review, process and prepare, together with recommendations for commission and council consideration, all applications for development agreements.

C.

Application Filing and Processing.

1.

An application for a development agreement shall be filed and processed in compliance with Chapter 88.50 (Planning Permit Filing and Processing).

2.

The application shall be accompanied by the information identified in the department handout for development agreement applications.

A.

Commission Consideration. Upon finding the application for a development agreement complete, the director shall set the application and draft agreement, together with staff recommendations, for a public hearing before the commission in compliance with Chapter 88.58 (Public Hearings). Following conclusion of the public hearing, the commission shall make a written recommendation to the council.

B.

Council Consideration. Upon receipt of the commission's recommendation, the city clerk shall set the application, draft agreement, and written report for public hearing before the council in compliance with Chapter 88.58 (Public Hearings). Following conclusion of the public hearing, the council shall approve, conditionally approve or disapprove the application and draft agreement.

C.

Required Findings for Approval. The approval of a development agreement shall require that the review authority first find that the agreement and approved development are consistent with the general plan.

D.

Council Action. Should the council approve or conditionally approve the application and draft agreement, it shall as a part of its action, direct the preparation of a final development agreement embodying the terms and conditions of the draft as approved or conditionally approved, and an ordinance authorizing execution of the development agreement by the city manager.

E.

Ordinance Content. The ordinance shall contain findings that the development agreement is consistent with this chapter, the general plan, and any applicable specific plans.

A.

Mandatory Contents. A development agreement entered into in compliance with this chapter shall contain the mandatory provisions specified by state law (Government Code Section 65865.2 [Agreement contents]), including the following specific provisions.

1.

The duration of the agreement.

2.

The permitted uses of the property.

3.

The density or intensity of permitted uses.

4.

The maximum height and size of proposed structures.

5.

Provisions for reservation or dedication of lands for public purposes.

6.

The development agreement may also contain the following information:

a.

Conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided such conditions, terms, provisions, and requirements to not prevent development of land for the purposes and level of use set forth in the agreement.

b.

Requirements that construction be commenced within a specified time period, and that the project or any phase thereof be completed within a specified time frame.

B.

Permissive Contents. A development agreement entered into in compliance with this chapter may contain the permissive provisions specified by state law (Government Code Section 65865.2 [Agreement contents]).

A.

Effective Date. The city shall execute development agreements on or after the effective date of the ordinance approving the agreement.

B.

Recordation. A development agreement shall be recorded in the office of the county recorder no later than ten days after it is executed.

A.

Applicable Regulations. Unless otherwise provided by the development agreement itself, the rules, regulations, and official policies governing allowed uses of the land, density and intensity of use, design, improvement, and construction standards and specifications, applicable to development of the property subject to a development agreement, are the rules, regulations, and official policies in force at the time of execution of the agreement.

B.

Additional Requirements. A development agreement does not prevent the city, in subsequent actions, from applying new rules, regulations, and policies that do not conflict with those applicable to the property, nor does a development agreement prevent the city from conditionally approving or disapproving any subsequent development project application on the basis of existing or new rules, regulations and policies.

A.

Changes to Approved Development. If any development agreement is amended during its term, any change shall be consistent with the provisions of the general plan and any applicable specific plan.

B.

Extension of Agreement. If the term of a development agreement is extended, any development that occurs after the original expiration date shall be consistent with the provisions of the general plan as of the adoption date of the amended development agreement.

This chapter establishes uniform provisions for the regulation of nonconforming land uses, structures, and parcels.

A.

Within the zoning districts established by this Development Code, there exist land uses, structures, and parcels that were lawful before the adoption, or amendment of this Development Code, but which would be prohibited, regulated, or restricted differently under the terms of this Development Code or future amendments.

B.

It is the intent of this Development Code to discourage the long-term continuance of nonconformities, but to permit them to exist under limited conditions.

C.

This chapter does not apply to land uses, structures, and parcels that were illegally established, constructed, or divided. These are instead subject to remedies provided by the Municipal Code.

Nonconforming uses and structures shall comply with the requirements of this section.

A.

Nonconforming Uses of Land. A nonconforming use of land, or a nonconforming use within a structure, may be continued, transferred, or sold, only as follows. Where applicable, a nonconforming use of land shall also comply with Section 88.54.100 (Required Termination of a Nonconforming Use).

1.

Prohibited Activities for a Nonconforming Use. An owner or tenant of a nonconforming use shall not:

a.

Enlarge or increase the nonconforming use;

b.

Extend the nonconforming use to occupy a greater area of land than occupied by the use at the time it become nonconforming; or

c.

Move the nonconforming use, in whole or in part, to any other location on the site.

2.

Change of Use. A nonconforming use shall not be changed or expanded, except to reduce the extent of its nonconformity or to remove it from the site.

3.

Loss of nonconforming Use Status. Except where a land use was authorized by use permit, without any further action by the city, a nonconforming use shall not retain the benefits under this chapter if:

a.

The nonconforming use ceases for any reason for one year or more;

b.

The structure in which the nonconforming use is conducted or maintained is moved any distance on the site for any reason, or is removed from the site; or

c.

The structure in which the nonconforming use is conducted or maintained is destroyed. For the purposes of this section, "destroyed" means destruction by any means to more than 75 percent of the replacement value of the structure, excluding the value of the land.

4.

Additional Uses. Additional conforming uses may be allowed on the site of a nonconforming use only in the case of a multi-tenant structure or site, or where the nonconforming use is first discontinued, and any replacement use complies with all applicable provisions of this Development Code.

5.

Replacement Uses. The use of the site after the discontinuance or removal of a nonconforming use shall comply with all applicable requirements of this Development Code and the applicable zoning district, including all Development Standards, except as provided by Section 88.54.040 for dwelling units.

B.

Nonconforming Structures. A nonconforming structure may be altered or replaced as follows:

1.

Additions or Alterations. A nonconforming structure may undergo additions or alterations, normal maintenance and repairs, including painting, interior and exterior wall surface repair, window and roof repair, and fixture replacement, provided that:

a.

The additions and alterations, and/or repairs comply with all applicable provisions of this Development Code; and

b.

The cost of the work as determined by the building permit does not exceed 50 percent of the assessed value of the structure in any 24-month period, as determined by the county assessor.

c.

An addition to a house with a nonconforming side yard setback shall encroach no further into the required setback than the existing house, and shall comply with the minimum California Building Standards Code requirements for side yards.

An addition or alteration that does not comply with subsection B.1.b. shall require that the entire structure be brought into compliance with all applicable standards of this Development Code; except that a nonconforming single-family dwelling shall be required only to be brought into compliance with all requirements of this Development Code applicable to front and street side setbacks, and street-facing facades.

2.

Replacement After Destruction. A nonconforming structure that is destroyed by any means to more than 75 percent of its replacement value excluding the value of the land shall be reconstructed or replaced only in compliance with all applicable provisions of this Development Code, except as provided by Section 88.54.040 for residential structures.

3.

Seismic Retrofitting/Building Code Compliance. Repairs or alterations otherwise required by law shall be allowed in the following circumstances:

a.

Reconstruction required to reinforce unreinforced masonry structures shall be allowed without cost limitations, provided the retrofitting is limited exclusively to compliance with earthquake safety standards; and

b.

Reconstruction required to comply with California Building Standards Code requirements shall be allowed without cost limitations, provided the retrofitting/Code compliance is limited exclusively to compliance with earthquake safety standards, as identified in subsection B.3.a, above and other applicable building code requirements, including state law (e.g., Title 24, California Code of Regulations, etc).

(Ord. No. 10-O1, § 21, 3-1-10)

Requirements for nonconforming signs are provided by Section 88.38.080 (Nonconforming Signs).

A.

Residential Uses. A dwelling that is a nonconforming use or a nonconforming structure shall comply with the following requirements, in addition to other applicable provisions of this chapter. In the event of any conflict between the provisions of this section and other requirements of this chapter, this section shall control.

1.

Single-Family Homes, Multi-Family Structures. A nonconforming single-family or multi-family dwelling that has been involuntarily damaged or destroyed, may be reconstructed or replaced with a new structure using the same development standards that applied to the damaged or destroyed structure (e.g., setbacks, building height, and density standards).

2.

Mobile Homes. A nonconforming mobile home may be replaced with a new, or newer and larger mobile home placed in the same location as the former unit.

3.

Code Compliance. All new construction shall comply with current Building. Electrical, Plumbing, and Fire Code requirements.

B.

Public Facilities and Utilities. Nothing in this chapter shall be construed to require the discontinuance, removal, or termination, or to prohibit the alteration, expansion, maintenance, modernization, rebuilding, reconstruction, repair, or replacement of a publicly owned structure or utility.

C.

Azusa Pacific University (APU). The APU property designated on the zoning map in the INS zone is exempt from the regulations of this chapter during the period prior to the adoption of a specific plan by the city for the APU holdings.

D.

Nonresidential Wall/Fence Height within Front Setback. Where a nonconforming front setback has been established by the location of an existing surface parking lot, said setback line shall function as the front setback for the purpose of regulating allowable fence or wall heights.

(Ord. No. 06-O6, § 1B, 8-7-06)

A.

Determination of Nonconforming Status. A nonconforming parcel of record that does not comply with the access, area, or dimensional requirements of this Development Code for the zoning district, shall be considered to be a legal building site if it meets one of the criteria specified by this section. It shall be the responsibility of the applicant to produce sufficient evidence to establish the applicability of one or more of the following.

1.

Approved Subdivision. The parcel was created through a subdivision approved by the city.

2.

Individual Parcel Legally Created by Deed. The parcel is under one ownership of record, and was legally created by a recorded deed before the effective date of the zoning amendment that made the parcel nonconforming.

3.

Variance or Lot Line Adjustment. The parcel was approved through the variance procedure (Section 88.51.070) or its current configuration resulted from a legally granted lot line adjustment.

B.

Use of Nonconforming Parcels. Nonconforming parcels shall be developed and used only in compliance with all applicable provisions of this Development Code.

C.

Further Subdivision Prohibited. Where structures have been erected on a nonconforming parcel, the area where the structures are located shall not be later subdivided, nor shall lot lines be altered through lot line adjustment, so as to reduce the building site area and/or frontage below the requirements of the applicable zoning district or other applicable provisions of this Development Code, or in any way that makes the use of the parcel more nonconforming.

A.

Use Allowed With Use Permit Approval. A land use that was legally established without a use permit, but would be required by current Development Code provisions to have use permit approval, shall be considered a nonconforming use and shall not be altered in any way unless a use permit is first obtained.

B.

Use No Longer Allowed with Use Permit Approval. A land use that was established with use permit approval, but is not allowed with use permit approval by the current Development Code may continue in compliance with the original use permit, except where:

1.

The use is subject to termination in compliance with Section 88.54.100 (Required Termination of a Nonconforming Use); or

2.

The original use permit was revoked by the city.

A site that does not conform to the current requirements of this Development Code for off-street parking (number or size of spaces, layout, etc.), landscaping, or other aspects of site layout and development not involving structures may continue to be occupied and used, provided that the approval of any proposed addition to an existing structure or a new structure on the site shall require that the nonconforming aspects of site development be corrected to comply with all applicable provisions of this Development Code.

A.

Violations. Uses and structures which did not comply with the applicable provisions of this Development Code or prior planning and zoning regulations when established are violations of this Development Code and are subject to the remedies provided by the Municipal Code.

B.

Illegal Uses and Structures Prohibited. This chapter does not grant any right to continue occupancy of property containing an illegal use or structure.

C.

Permits Required. The illegal use or structure shall not continue unless/until permits and entitlements required by this Development Code and the Municipal Code are first obtained.

A.

Amortization Schedule and Effect of Termination Requirement. The council finds and determines that nonconforming uses, structures, and site improvements are contrary to the orderly development of the City of Azusa, and have the potential to adversely affect public health, safety, and welfare, and shall, therefore, be discontinued, or brought into conformity with all applicable provisions of this Development Code in compliance with this section.

1.

Amortization and Termination Required. A land use, structure, or site improvement that is made nonconforming by the adoption of this Development Code or an amendment to this Development Code shall be discontinued, or brought into conformity with all applicable provisions of this Development Code, within the following time periods from the date of the service of notice by the city in compliance with subsection B.

a.

A nonconforming land use located on a site within the TOD Specific Plan District - 20 years.

b.

Adult business—Six months, or as extended in compliance with Chapter 88.40 (Adult Business Regulations).

c.

Auto wrecking and/or scrap yard—20 years.

d.

Contractor's storage yard—20 years.

e.

Outdoor shooting range—18 months; provided that the amortization period may be replaced by an executed development agreement.

f.

Surface mining operation—Five years, except where a vested right exists.

g.

Mobile recycling—Six months.

h.

Trash enclosure—One year.

2.

Amortization Schedule for Prior Nonconformities. An owner of property that is in receipt of an official city notice regarding the property's nonconformity before March 25, 2005 (the effective date of this Development Code), shall conform to the amortization schedule in effect at the time of the original notice. An owner of property that is in receipt of an official city notice regarding the property's nonconformance before March 25, 2005 shall complete the amortization appeal process by March 31, 2006, if an appeal is desired. The amortization appeal process is defined in Section 88.54.100.C and 88.54.100.D.

3.

Nuisance Abatement. A use that does not comply with this subsection shall be deemed a public nuisance and shall be abated accordingly, unless an extension is granted by the council in compliance with subsection F.

B.

Notice. Upon determination that the provisions of this section apply to a given parcel of land, the director shall send a notice by certified mail, return receipt requested, to the owner as shown on the current tax assessor's rolls, shall cause the property to be posted with a similar notice, and shall publish the notice at least once in a newspaper of general circulation.

1.

The notice required by this subsection shall state the following:

a.

That the property in question is a nonconformity;

b.

The date of abatement established in subparagraph 1. (Amortization schedule), above; and

c.

That the date of abatement may be appealed to the council within 30 days of the date indicated on the notice.

2.

The city has no legal obligation to notify subsequent owners of an affected parcel

C.

Appeal.

1.

For those parcels deemed nonconforming as a result of this Development Code's implementation, the owner of any parcel upon which a nonconforming structure or use is being maintained may appeal the length and/or the classification of the required amortization period by submitting a written appeal, on a form provided by the director and accompanied by any required fee in compliance with the city's fee resolution, within 30 days of the date on the notice.

2.

For those parcels deemed nonconforming and receiving written notice prior to the adoption of this Development Code, the owner of any parcel upon which a nonconforming structure or use is being maintained may appeal the length and/or the classification of the required amortization period by submitting a written appeal, on a form provided by the director and accompanied by any required fee in compliance with the city's fee resolution. The appeal process must be completed by March 31, 2006.

D.

Hearing. Within 60 days after receipt of an appeal, the council shall hold a public hearing to determine whether the nonconformity should be abated as indicated in the notice, or whether a time extension should be granted as provided in subsection F.

1.

Notice of the hearing shall be provided in the same manner as the notice of abatement, and shall also be provided by mail to the owners of abutting parcels.

2.

The council shall receive written and oral testimony at the hearing relating to the term of abatement. During the hearing, the owner shall be permitted to call witnesses and be represented by counsel.

3.

Council consideration of amortization period.

a.

For those parcels deemed nonconforming as a result of this Development Code's implementation - At the close of the hearing, the council shall determine whether the nonconformity should be abated, and whether the owner of the parcel can amortize the investment in the term for abatement required by subsection A., and if not, what term for abatement should be provided. The burden of proof shall be upon the owner to demonstrate, by a preponderance of the evidence, that the owner is entitled to a longer abatement period than required by subsection A.

b.

For those parcels deemed nonconforming as a result of a previous Development Code's implementation - At the close of the hearing, the council shall determine whether the nonconformity should be abated, and whether the owner of the parcel can amortize the investment in the term for abatement required by the previous Development Code, and if not what term for abatement should be provided, not to exceed ten years. The burden of proof shall be upon the owner to demonstrate, by a preponderance of the evidence, that the owner is entitled to a longer abatement period than established by the previous Development Code. The criteria for granting an extension includes but is not limited to, value of buildings and other structures located on the parcel, compatibility with neighboring structures and uses, condition of structures located on the parcel, and condition of the property.

4.

In the case of a nonconforming use, the council shall also determine whether the structure accommodating the nonconforming use can economically be used in its present condition or can successfully be modified for a purpose allowed by the applicable zoning district.

5.

The council may require reasonable modifications or alterations to any nonconformity to improve the nonconformity's appearance or compliance with this Development Code, Municipal Code, or state law; except that any modification or alteration that would extend the useful life of the nonconformity is expressly prohibited.

E.

Decision and Order. The decision of the council and supporting findings shall be in the form of a written order and shall be served upon the property owner personally or by certified mail, return receipt requested, within ten days after the decision is rendered. The order shall also be recorded in the office of the county recorder. The order shall be binding upon the owner, and the owner's successors, heirs, and assignees.

F.

Extension of time.

1.

The council may grant an extension of the time for abatement of a nonconformity where it finds that an unreasonable hardship would otherwise be imposed on the property owner; and

2.

The council shall base its decision as to the length of the allowed amortization period on any competent evidence presented, including but not limited to the following:

a.

Criteria for extending amortization period.

b.

Maximum Time Extension. The maximum extension of time for parcels made nonconforming as a result of a previous Development Code's implementation is ten years. However, the Director of Economic and Community Development may grant an additional seven (7) year amortization period, with the possibility of one more three-year extension, based on the criteria in Table 2.a.

(Ord. No. 06-O6, § 1B, 8-7-06; Ord. No. 12-O6, § 2, 11-19-12; Ord. No. 2017-05, § 4, 7-17-17)

In the event that a nonconforming use or structure is found to constitute a public nuisance, appropriate action shall be taken by the city, in compliance with the Municipal Code Chapter.

This chapter establishes procedures for the appeal and review of determinations of the director, zoning administrator, or commission.

Determinations and actions that may be appealed, and the authority to act upon an appeal shall be as follows.

A.

Ordinance Administration and Interpretation. The following determinations and actions of the director and department staff may be appealed to the commission and then to the council:

1.

Determinations on the meaning or applicability of the provisions of this Development Code that are believed to be in error, and cannot be resolved with staff; and

2.

Any determination that a permit application or information submitted with the application is incomplete, in compliance with state law (Government Code Section 65943).

B.

Permit and Hearing Decisions. Decisions by the director or zoning administrator may be appealed to the commission. Decisions by the commission may be appealed to the council.

A.

Eligibility. An appeal may be filed by:

1.

Any person affected by an administrative determination or action by the director, as described in Section 88.56.020, above.

2.

In the case of a planning permit or hearing decision described in Section 88.56.020, above, by anyone who, in person or through a representative, presented testimony at a public hearing in connection with the decision being appealed, or who otherwise informed the city in writing of the nature of their concerns before the hearing.

3.

The city council, by a majority vote, may call up a decision of the director, zoning administrator, or planning commission.

B.

Timing and Form of Appeal. Appeals shall be filed with the department within 20 calendar days following the final date of the determination or action being appealed. All appeals shall be submitted in writing, together with the name, address, phone number, and signature of the appellant, and the filing fee required by the council's fee resolution. The written appeal shall specifically state the pertinent facts of the case and the basis for the appeal.

C.

Scope of Planning Permit Appeals. An appeal of a decision by the director, zoning administrator, or commission on a planning permit shall be limited to issues raised at the public hearing, or in writing before the hearing, or information that was not known at the time of the decision that is being appealed.

D.

Rights. Pending a decision on an appeal in compliance with this Development Code, all rights emanating from the permit, license, or other entitlement that is the subject of the appeal, and all relevant time periods, shall be suspended.

E.

Multiple Actions. In the event an appeal is filed regarding a decision on one of multiple permits or city approvals concurrently granted for a single project (for example, the approval of a use permit is appealed on a project for which a negative declaration was approved at the same time), all concurrently granted city permits and approvals for the project shall be automatically appealed, and shall be considered and acted upon in compliance with this chapter.

A.

Scheduling of Hearing. After an appeal has been received in compliance with Section 88.56.030, the director shall schedule the matter for a commission agenda, or the city clerk shall schedule the matter for a council agenda, as applicable to the appeal.

B.

Report. After the appeal hearing has been scheduled, the director shall prepare a report on the matter, and forward the report to the appropriate appeal body.

C.

Joining an Appeal. Only those persons who file an appeal within the 20-day appeal period in compliance with Section 88.56.030 shall be considered appellants of the matter under appeal.

1.

Any person who wishes to join an appeal shall follow the same procedures for an appellant in compliance with Section 88.56.030.

2.

No person shall be allowed to join an appeal after the end of the 20-day appeal period.

D.

Findings and Decision.

1.

General Procedure. The appeal body shall conduct a public hearing in compliance with Chapter 88.58 (Public Hearings).

a.

Scope of Review. When reviewing an appeal the review authority may consider any issues associated with the decision being appealed, in addition to the specific grounds for the appeal. The review authority shall also consider any environmental determination applicable to the entitlement or decision being appealed.

b.

New Evidence. If new or different evidence is presented during the appeal hearing, the commission or council, may refer the matter back to the director or commission, as applicable, for a report on the new or different evidence prior to a final decision on the appeal.

c.

Decision. After a public hearing, the appeal body may:

(1)

Approve, modify, or disapprove the action appealed either in whole or in part, based on the record on appeal and the evidence received at the hearing on appeal; and

(2)

Adopt additional conditions of approval deemed reasonable and necessary; or

(3)

Disapprove the planning permit approved by the previous review authority, even if the appeal only requested modification or elimination of one or more conditions of approval.

2.

Appeals to the Council. A decision by the commission may be appealed to the council as provided by Section 88.56.030 (Filing of Appeals), above.

a.

Authority of Council. The council shall have the authority to approve, modify, or disapprove the action appealed, either in whole or in part, based on the record on appeal and the evidence received at the hearing on appeal. The appeal may be upheld by a majority of council members when a quorum of at least three members is present. The lack of an affirmative majority vote on the appeal, or a tie vote, shall constitute denial of the project appealed.

b.

Subdivisions. Appeals on subdivision applications are governed by Municipal Code Chapter ___.

c.

Referral. The council may refer any appeal to the commission for a report and recommendation, or for further proceedings. In this event, if the commission changes its decision based on new evidence, and the appeal is thereafter returned to the council, the appeal shall be deemed to be from the decision of the commission as modified.

d.

Finality of Decision. The findings, decision, and action of the council on an appeal shall be final.

E.

Effective Date of Appeal Decision. A decision by the commission on an appeal is effective on the 21st day after the decision, when no appeal to the decision has been filed with the council. A decision by the council is effective as of the date of the decision.

Upon determination that there has been a violation of the terms or conditions of any permit or approval granted under this chapter 88 (Development Code), or if a determination is made that a permit or approval was obtained by deception or fraud, or has been determined to be a public nuisance, the director, planning commission, or city council shall have the authority to initiate revocation proceedings.

(Ord. No. 06-O6, § 1B, 8-7-06)

A.

The director shall schedule a hearing before the zoning administrator, planning commission, or city council, whichever authority commenced the original proceedings approving the permit application.

B.

At least ten days prior to the hearing, written notice of the hearing shall be served to the owner of the property for which the permit or approval was granted. The notice may be served either in person or by registered mail, return receipt requested.

C.

At the hearing, the director shall present evidence supporting the motion for permit or approval revocation. The owner of the property subject to the hearing shall be given the opportunity to present reasons why the permit or approval shall not be revoked.

D.

The hearing body shall make a decision regarding the revocation based upon the information presented at the hearing and shall make findings and report its decision in a formal and numbered resolution. The property owner shall have the same right of appeal as is applicable for the original permit or approval.

(Ord. No. 06-O6, § 1B, 8-7-06)

This chapter establishes procedures for public hearings before the zoning administrator, commission, and council. When a public hearing is required by this Development Code, public notice shall be given and the hearing shall be conducted as provided by this chapter.

When a planning permit or other matter requires a public hearing, the public shall be provided notice of the hearing in compliance with state law (Government Code Sections 65090, 65091, 65094, and 66451.3, and Public Resources Code 21000 et seq.), as applicable.

After the completion of any environmental documents required by the California Environmental Quality Act (CEQA), the matter shall be scheduled for public hearing on a Commission, or Council agenda (as applicable).

A.

Decision.

1.

The review authority may announce and record their decision on the matter being considered at the conclusion of a scheduled hearing, defer action and continue the matter to a later meeting agenda in compliance with Section 88.58.070 (Hearing Procedures).

2.

Following the director's review, or at the conclusion of a hearing conducted by the director may instead refer the matter to the commission for determination. A referral will require a new noticed hearing before the commission.

3.

The decision of the council on any matter shall be final.

B.

Notice of Decision. After the final decision or recommendation by the review authority, notice of the decision shall be mailed to the applicant, and the property owner, if different from the applicant.

At the conclusion of a public hearing on a general plan amendment, a specific plan, the zoning map, or this Development Code, the commission shall forward a recommendation, including all required findings, to the council for final action.

A decision of the director or commission (other than a recommendation in compliance with Section 88.58.050) is final and effective on the 21st day following the decision unless an appeal is filed in compliance with Chapter 88.56 (Appeals).

A hearing shall be held at the date, time, and place described in the required public notice.

A.

Hearing Comments. During a public hearing the applicant for a project shall have the right to be represented, provide testimony, present evidence, and the right to ask questions of opposing witnesses. All other persons shall have the right to comment on any relevant aspect of the application under consideration.

B.

Action of Hearing Body. Following the completion of testimony at a public hearing, action shall be taken to approve, conditionally approve, deny, continue or take under advisement the subject of the public hearing.

C.

Continuances. If a hearing cannot be completed on the scheduled day, the presiding councilperson or commissioner, before the adjournment or recess of the hearing, may continue the hearing by publicly announcing the date, time, and place to which the hearing will be continued. Additional notice for the continued hearing is not required.

D.

Application Denial - Re-Application. If an application has been denied, no new application for the same or similar request may be accepted within one year of the denial, unless the director finds that the conditions surrounding the application have sufficiently changed to warrant a new application.