Brea City Zoning Code
Division III
Administration and Procedures
§ 20.400.010 Administration.
In accordance with the provisions of the State Planning and Zoning Law, Cal. Gov't Code Division 1 of Title 7, the City Planning Commission shall administer regulations of this title and amendments thereto; hear and act upon all matters involving variances and conditional use permits; revoke conditional use permits; hear and act upon suspensions or modifications of planned right-of-ways; and perform such other duties as are requested or delegated by the City Council.
§ 20.400.020 Building permit issuance.
A.
General provisions.
1.
It shall be unlawful for any property owner, or authorized agent thereof, to commence any work pertaining to the erection, construction, reconstruction, moving, conversion or alteration of any building, or any addition to any building, until a building permit has first been secured from the Division of Building and Safety for said work.
2.
Each application for a building permit shall be made on a printed form to be obtained at the Division of Building and Safety and shall be accompanied by accurate information and dimensions of all yards and open spaces, and such other information as may be necessary for the enforcement of these regulations. Where complete and accurate information is not readily available from existing records, the Division of Building and Safety may require the applicant to furnish a survey of the lot or parcel prepared by a licensed surveyor. The original of such application shall be kept in the office of the Division of Building and Safety.
3.
No building permit shall be issued for the erection or use of any structure or part thereof, or for the use of any land, which is not in accordance with the provisions of this title and in conformity with the approved site plan, conditional use permit or other entitlement, where required by this title. Any permit issued contrary to the provisions of this title or not in conformity with an approved site plan, conditional use permit or other entitlement for use shall be void and of no effect.
4.
No building permit shall be issued where the structure(s) to be erected will have the effect of depriving other persons of the use of their property or will have the effect of invalidating the general plan.
5.
No building permit shall be issued for a residential building or structure on a lot which does not have a minimum frontage of thirty (30) feet and access to a dedicated street or way acceptable to the Planning Commission.
B.
Flood hazard areas. The Director hereby is authorized, and shall have the duty, to refuse to issue a building permit or permits to any applicant whose lot or parcel is subject to the requirements of Division II of Title 18 of this code, except upon compliance with the requirements of said Division II of Title 18.
C.
Certificate of occupancy. No building shall be occupied or used unless a certificate of occupancy and a license for such use, where required, is first obtained from the department or person vested with the duty or authority to issue same. Such certificate shall be issued only after any construction, enlargement, or alteration has been completed in conformity with the provisions of any regulating ordinance, with any approved site plan and required conditions, and when the proposed use conforms to this title and required conditions.
§ 20.400.030 Types of procedures.
The procedures to be utilized in administration of and modification to this title include the following:
B.
Administrative procedures.
1.
Administrative interpretation. A means of resolving uncertainties or ambiguities in the meaning of any provision of this title. An interpretation is uniformly applicable to all subsequent situations in which the same set of circumstances is present. In addition, the interpretation procedure may be used to make minor adjustments of zone boundaries to conform to lot lines or to resolve uncertainty as to the precise location of a zone boundary.
2.
Administrative remedy. A simplified procedure for considering minor deviations from zoning regulations, within established parameters, designed to expedite requests therefor without requiring Planning Commission review.
3.
Conditional use permit. A discretionary action concerning a specified land use and, pursuant to criteria set forth in this title, to determine whether such use may be permitted at a given location and to determine the conditions or limitations on development in each case.
4.
Plan review. The review and conditional approval of development plans for specified categories of development or when required as a condition of approval under some other procedure, in order to ensure the intent of this title is met with regard to site arrangement, functional effectiveness, landscape design, architectural quality, and other pertinent attributes.
5.
Precise development. The review and conditional approval of development plans for specified categories of development in Mixed-Use zones and all developments in Precise Development zone, in order to ensure the intent of this title is met with regard to site arrangement, functional effectiveness, landscape design, architectural quality, and other pertinent attributes.
6.
Certificate of compatibility. A procedure to consider the compatibility of accessory dwelling units that do not conform to the established standards and mobile and/or manufactured housing to coordinate planning, architecture, aesthetics, and economic cohesiveness within residentially zoned areas of the city.
C.
Quasi-judicial procedures.
1.
Variance. A determination under criteria established in state law and this title, allowing deviation from the strict application of regulations of this title, in cases where the effect of the strict application of the regulations would deprive a particular property of privileges enjoyed by other properties in the vicinity and under identical zoning classification.
2.
Revocation. Procedure for revoking any specific development approval when violation of zoning requirements, conditions or other laws are found to have occurred.
(Ord. 1220, 3-16-2021; Ord. 1254, 3-18-2025)
§ 20.400.040 Applications.
A.
Form and information required. All applications to initiate a procedure governed by this title shall be made pursuant to the Uniform Application Procedure established by the Director and the nature of the information to be submitted therewith shall be as prescribed by the Director for each type of application.
B.
Applicant. Application to initiate any procedure set forth in this title shall be made by the owner(s) or duly authorized agent(s) thereof, of the property or by an applicant which is, or will be, the plaintiff in an action in eminent domain to acquire the property. Proof of ownership or other requisite status hereunder shall be supplied concurrently with the application submittal. Applications shall be duly executed and verified under penalty of perjury of the laws of the State of California.
C.
Acceptance.
1.
The Director shall be responsible for the acceptance of all such applications. No application shall be accepted until:
a.
All required information is submitted, including any environmental review documentation, when required (See: § 20.400.080);
b.
At least one (1) year has passed since final action on any previously denied application for substantially the same matter, except as otherwise provided by this title; and
c.
The required application fee has been paid.
2.
As soon as possible, but in no case later than thirty (30) days after receipt of an application, the Director shall determine, in writing, if such application is complete, and immediately transmit such determination to the applicant. If an application is determined not to be complete, the Director's determination shall specify the deficiencies and the manner in which the application can be made complete.
(See: Cal. Gov't Code §§ 65943 and 65944.)
3.
Upon determination that an application is complete and meets the requirements for acceptance, or expiration of the thirty (30) day period if no determination regarding completeness is made, the application shall be deemed accepted.
(See: Cal. Gov't Code § 65943.)
§ 20.400.050 Initiation by city.
When prescribed by provisions of this title for specific procedures, proceedings may be initiated by minute order or resolution of the City Council or Planning Commission, or by written order of the Director, or other public official so authorized.
§ 20.400.060 Interchangeability.
An application or other initiation of proceedings under any procedure set forth in this title may be considered as an initiation of proceedings under any other procedure set forth in this title; provided that, for each action taken, the procedural steps required for that action have been accomplished and the applicable fees paid.
§ 20.400.070 Fees.
A.
A schedule of fees shall be adopted (and revised from time to time as deemed necessary) by resolution of the City Council.
B.
When a proceeding is initiated by application, or otherwise as authorized in this title, a fee shall be paid to the city by the applicant or appellant in the amount set forth in the currently adopted schedule of fees.
C.
No fee shall be required when a proceeding is initiated or appealed by action of an officer or official body of the city.
D.
No fee shall be refunded except upon order of the City Council for good cause shown.
§ 20.400.080 Environmental review.
A.
For purposes of applying procedural time limits under this title, a procedure will not be considered to have been initiated until one (1) of the following has occurred pursuant to the California Environmental Quality Act:
B.
If, after having determined otherwise, it is determined that either a negative declaration or an environmental impact report is required, or that a supplement to a draft environmental impact report is required, the running of time limits applicable to the zoning procedure shall be suspended until the applicable environmental review step has been accomplished.
C.
Any hearing on an environmental impact report shall be held before or concurrently with the last hearing to be held on a zoning matter to which it relates.
D.
Certification of final environmental impact report or adoption of a negative declaration, when required, shall be made prior to a final decision on a zoning matter.
§ 20.400.090 Investigation.
Except as otherwise directed by the City Manager, for each matter initiated under a procedure established by this title, the Director shall cause an investigation to be made and a report prepared providing factual information and recommendations as appropriate for action in accordance with the provisions of this title.
(See: Cal. Gov't Code § 65804(d).)
§ 20.404.010 Zoning ordinance text amendment.
A.
Purpose. Any amendment to the text of this title which imposes any regulation not theretofore imposed, removes or modifies any regulation theretofore imposed or adds any use to any zone not theretofore listed shall be made according to the following procedure.
B.
Procedure.
1.
Initiation. Proceedings may be initiated by motion of the Planning Commission or by motion of the City Council. Proceedings initiated by the City Council shall be submitted to the Planning Commission.
2.
Notice of commission hearing. Notice of the time and place of the Planning Commission hearing shall be given as required by law. (See: Chapter 20.416)
3.
Commission hearing. The Planning Commission shall hold a public hearing upon the amendment and thereupon, within forty (40) days after the conclusion of said hearing, shall make a determination and report thereof to the City Council.
4.
Council action. The City Council, after receipt of the report and recommendation from the Planning Commission, shall give notice and hold public hearings on the proposed change(s). Upon completion of the public hearing(s) the City Council may either approve, modify or reject the recommended action. If modified, the City Council shall refer the matter back to the Planning Commission for a report. Said report shall be filed with the City Council within forty (40) days after the referral.
§ 20.404.020 Change of zone.
An amendment to the Zoning Map changing a property from one zone to another shall be made in accordance with the provisions of this chapter.
A.
Criteria for granting a change of zone. The Planning Commission, in recommending and the City Council in approving a proposed change of zone, shall consider the following:
1.
That the proposed zone change is in conformity with the General Plan as amended. Where conflicts exist between the zone change and the General Plan, and it is determined that the proposed change of zone is in the interest of the city, the General Plan may be amended concurrently with the zone change.
2.
That the subject property is suitable for the uses permitted in the proposed zone, in terms of access, size of parcel, relationship to similar or related uses and other considerations deemed relevant by the Planning Commission and City Council.
3.
That the proposed change of zone is not detrimental to the use of land in any adjacent zone.
B.
Procedure.
1.
Initiation. Such change may be initiated by the City Council, Planning Commission, owner, or duly authorized agent thereof, of any land or by an applicant who is, or will be, the plaintiff in an action in eminent domain to acquire the property. An application for change of zone shall be filed in accordance with § 20.400.040.
2.
Filing fee. The applicant shall be required to pay appropriate fees as determined by City Council resolution to cover costs and expenses involved in processing an application for change of zone.
3.
Filing prior to hearing. Any and all applications to be filed under and pursuant to the provisions of this section must be filed with the Planning Commission not less than fifteen (15) days prior to the date set for the hearing of said application.
4.
Notice of hearing. Forthwith upon the filing of a completed application for a change of zone, the Secretary to the Planning Commission shall set a public hearing before the Planning Commission on the subject of the Planning Commission's prospective recommendation to the City Council on the proposed change of zone. Notice shall be given as required by law. (See: Chapter 20.416)
5.
Commission hearing. The Planning Commission shall conduct a public hearing upon the matters referred to in such an application. Within forty (40) days after conclusion of said hearing, the Planning Commission shall make a determination and report thereon to the City Council.
6.
Commission findings and decisions. If, from the facts presented to the Planning Commission in the application, at the public hearing, or by investigation, the Planning Commission, by a majority vote of a quorum then present, finds that public necessity, convenience, general welfare, or good zoning practice, require the proposed change of zone involved or any portion thereof, the Planning Commission shall recommend such proposed change to the City Council; otherwise the application shall be disapproved. The Planning Commission shall make its findings and recommendation in writing within forty (40) days from the date of completion of the hearing and shall forthwith transmit a copy thereof to the applicant. If the Planning Commission recommends approval of the proposed change or any portion thereof, it shall transmit the application together with its report and recommendation relative thereto, to the City Council for its action. If the Planning Commission fails to make a determination within the time limit herein specified, it shall lose jurisdiction and applicant may appeal to the City Council as hereinafter provided.
7.
Council action. Upon receipt of the application together with the Planning Commission's report and recommendations relative thereto, the City Council shall hold a public hearing noticed as required by law. After City Council has conducted said hearing, it shall either:
a.
Confirm the recommendations of the Planning Commission and effect such change by ordinance; or
b.
If the City Council does not agree with all or any part of the Planning Commission's recommendations, City Council shall refer the matter back to the Planning Commission for a report of the parts in question. Upon receiving the report of the Planning Commission, or after forty (40) days after the date of the referral, the City Council may, by ordinance, effect any change even though the Planning Commission does not concur.
8.
Denial and appeal. If, after the original hearing, the Planning Commission denies the application or does not make a determination within the time limit specified, the applicant may, within ten (10) days from the date on which the notification of denial was mailed to said applicant or upon termination of the time limit, appeal to the City Council by written notice of appeal filed with the City Clerk.
9.
Alternate action. Where there is an application for a zone change and the Planning Commission and/or City Council find that the public interest would best be protected by, as an alternate, granting a conditional use permit to allow a more limited but appropriate group of uses than permitted in the requested zone, such permit may be recommended by the Planning Commission and granted by the City Council, provided there is a finding that the site is appropriate for one or more, but not all of the uses listed in the zone applied for, and where the Planning Commission or City Council determine that a time limit or other conditions are essential to protect the public health, safety, general welfare and the policies set forth in the general plan.
§ 20.408.010 Administrative interpretation.
A.
The purpose of this section is to provide a means for resolving uncertainty or ambiguity as to the meaning or intent of any provision of this title, including:
1.
Further definition and enumeration of the uses permitted in the various zones;
2.
Determination of parking space requirements for uses not specifically listed in the vehicular provisions of this title;
3.
Determination of the precise location of zone boundaries, or minor adjustment thereof to conform to lot lines.
B.
Except in the case of zone boundary determinations, each interpretation made under this section is generally applicable to all future situations of the same type and with similar circumstances, and is not limited or directed to specific properties or circumstances thereon.
C.
Initiation. The preparation of an interpretation may be initiated by order of the City Council or the Planning Commission, by the Director, or by application pursuant to § 20.400.040. An interpretation shall not be initiated when a zoning ordinance text amendment or change of zone involving the same issue has been initiated and is still under consideration.
D.
Basis for Interpretation. An interpretation shall be based upon an examination of the intent of this title considering all the relevant provisions thereof, and shall be consistent with such intent. Careful consideration shall be given to the similarities and differences among the uses permitted, development standards, and other regulations applicable to the various zones.
E.
Preparation. Within forty (40) days after the initiation of an interpretation request, the Director shall prepare a written interpretation and transmit it to the City Council and Planning Commission.
F.
Notice. Upon transmittal of an interpretation to the City Council and Planning Commission, public notice that such interpretation has been prepared shall be given in the same manner as for a zoning ordinance text amendment (See: § 20.416.020), or in the case of a zone boundary determination, notice shall be made in the same manner as for a change of zone (See: § 20.416.010). The notice shall explain that the interpretation may become effective without a hearing unless a written request for a hearing is received.
G.
Commission hearing and action.
1.
If a written request for a hearing is received from any interested party within ten (10) days after notice is made, the Planning Commission shall conduct such hearing. If no such request is made, the Commission may consider the matter without hearing, and the matter may be placed on the Commission agenda as a consent calendar item.
2.
The Planning Commission may adopt, modify, or disapprove an interpretation as submitted by the Director, or may refer the matter back to the Director for further study. The Planning Commission shall act within forty (40) days after transmittal of an interpretation from the Director, except that a referral back to the Director is considered as an initiation of an other interpretation.
H.
If the Planning Commission action on an interpretation is appealed, the City Council shall hear and decide the matter with notice given in the same manner as the initial notice under paragraph F. of this section.
§ 20.408.020 Administrative remedy.
A.
Purpose. Administrative remedy is hereby established to expedite and relieve the Commission and Council of minor modifications from the requirements of this title, within the limits established by this section.
B.
Authority of the Community Development Director.
1.
Minor modification. In the public interest, the Director, without a public hearing, may consider and approve, conditionally approve, or deny modifications from the provisions of this title, limited to the following circumstances:
a.
Where dimensional problems of an existing parcel require reduction of lot area or dimensions by not more than five percent (5%) of that required by the zone provided that such reductions are requested on not more than one (1) lot within any one (1) subdivision or tract.
b.
Where dimensional problems of an existing parcel require reduction of yards and/or distance between buildings by not more than ten percent (10%) of the requirements of the zone provided that such reductions are not requested for more than one (1) lot within any one (1) subdivision or tract.
c.
Reduction of number of required parking spaces by not more than ten percent (10%) and/or modification of parking (dimension) standards by not more than five percent (5%).
d.
Modification of wall and fence heights, not to exceed twelve (12) inches.
e.
Modification of projections/encroachment into required yard areas by not more than five percent (5%) of the required yard areas in the zone, provided that such does not violate fire, housing or building codes.
f.
Modification of maximum permitted lot coverage not to exceed ten percent (10%) of the maximum lot area coverage permitted in the zone.
g.
Modification of maximum height regulation by not more than ten percent (10%) of the requirements of the zone.
h.
Modification of the size, height, and area of signs by not more than five percent (5%).
2.
Such additional matters as may be delegated to the Director by the Council, provided that the limits and scope of the Director's authority shall be set forth by the Council.
C.
Procedure. The following procedure shall apply to administrative remedy applications:
1.
Application for administrative remedy shall be made pursuant to § 20.400.040.
2.
The Director may refer any administrative remedy application to the Planning Commission for review at his/her discretion.
3.
The Director, if the application was not referred to the Planning Commission, within thirty (30) days after filing of the complete application, shall either:
4.
A copy of the proceedings and findings of the Director shall be submitted, in writing, to the Commission as a matter of record.
D.
Findings. The Director, in approving an administrative remedy application, shall find as follows:
1.
That the minor modifications from the requirements of this title, with any conditions to be imposed, applied for at the location set forth in the application is properly one(s) for which an administrative remedy is authorized by this title.
2.
That the minor modifications from the requirements of this title, with any conditions to be imposed, are necessary or desirable for the development of the community, in harmony with the various elements or objectives of the General Plan, and will not be out of character or detrimental to the neighborhood.
3.
That with the conditions stated in the permit, the minor modification of standards will not adversely affect the public health, safety, or general welfare.
(Ord. 1250, 5-21-2024; Ord. 1254, 3-18-2025; Ord. 1269, 12/2/2025)
§ 20.408.030 Conditional use permit.
A.
Intent and purpose. The minor conditional use permit and conditional use permit are intended for minor modification of standards and those land uses which require special consideration in a particular zone or in the city as a whole due to their characteristics, size of the area required for full development of such uses, potential effects of such uses on adjoining land uses and on the growth and development of the area. Uses existing on the effective date of this title which are listed as permitted subject to minor conditional use permit or conditional use permit may continue without securing such a permit; however, any extension or expansion of such use shall comply with provisions of this section.
B.
Uses permitted subject to conditional use permit.
1.
Uses listed in each zone requiring a minor conditional use permit or conditional use permit may be permitted in such zone subject to the provisions of this section.
2.
Modification of standards.
a.
The following circumstances may be permitted with an approval of a minor conditional use permit.
(1)
Where dimensional problems of an existing parcel require a reduction of lot area or dimensions by more than five percent (5%) but not more than ten percent (10%) of that required by the zone provided that such reduction is requested on not more than one (1) lot within any one (1) subdivision or tract.
(2)
Where dimensional problems of an existing parcel require a reduction of yards and/or distance between buildings by more than ten percent (10%) but not more than twenty percent (20%) of the requirements of the zone provided that such reductions are not requested for more than one (1) lot within any one (1) subdivision or tract.
(3)
Reduction of number of required parking spaces by more than ten percent (10%) but not more than twenty percent (20%).
(4)
Modification of wall and fence heights to increase more than twelve (12) inches but not to exceed twenty-four (24) inches.
(5)
Modification of projections/encroachment into required yard areas by more than five percent (5%) but not to exceed ten percent (10%) of the required yard areas in the zone, provided that such does not violate fire, housing or building codes.
(6)
Modification of maximum permitted lot coverage to increase by ten percent (10%) but not to exceed twenty percent (20%) of the maximum lot area coverage permitted in the zone.
(7)
Modification of maximum height regulation by more than ten percent (10%) but not to exceed twenty percent (20%).
3.
Other special or unusual uses for which no provision is made in this title or which provide for an unusual combination of uses not otherwise provided for nor otherwise prohibited in this title may be permitted with an approval of a conditional use permit.
C.
Procedure.
1.
Application. Application for a minor conditional use permit and a conditional use permit shall be made pursuant to § 20.400.040. The application shall include a site plan and elevations of the proposed development at minimum. Appropriate fees shall be paid as determined by City Council resolution.
2.
Staff investigation. The Planning Division shall make an investigation of the facts bearing on the case to provide the information necessary for the action consistent with the intent of this title and the General Plan, and shall report the findings to the approval authority.
3.
Approval authority.
a.
Conditional use permit. The Commission, at a public hearing, has the authority to approve, conditionally approve, or disapprove a conditional use permit application.
b.
Minor conditional use permit. The Director, without a public hearing, has the authority to approve, conditionally approve, or disapprove a minor conditional use permit application. The Director may refer any minor conditional use permit to the Planning Commission for review at his/her discretion.
4.
Public notice.
a.
Conditional use permit. Notice of public hearing for conditional use permit shall be made pursuant to Chapter 20.416.
b.
Minor conditional use permit. A public notice shall be made to owners of property located within three hundred (300) feet of the subject property, and such notice shall be made by first class mail. Such notice shall be given at least ten (10) calendar days before the Director's decision. In addition, a notice of decision shall be made to individuals who have requested to be notified of the Director's decision in a method requested by such individuals. Such notice shall be made within two (2) calendar days of the Director's decision.
D.
Findings. The Director or the Commission, in approving a minor conditional use permit or a conditional use permit, shall find as follows:
1.
That the use(s) or modification of standards applied for at the location set forth in the application is properly one(s) for which a minor conditional use permit or a conditional use permit is authorized by this title.
2.
That such use(s) or modification of standards, with any conditions to be imposed, is necessary or desirable for the development of the community, in harmony with the various elements or objectives of the General Plan, and not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use(s) is to be located.
3.
That the site is adequate in size and shape to accommodate the proposed development and all of the yards, setbacks, walls or fences, landscaping, and other features required to bring about conformity with other elements in the neighborhood.
4.
That the proposed site relates to streets and highways which are properly designed and improved to carry the type and quantity of traffic generated or to be generated by the proposed development.
5.
That with the conditions stated in the permit, the uses will not adversely affect the public health, safety, or general welfare
E.
Time limit.
1.
Each permit hereafter granted shall automatically expire and be of no further force or effect if not exercised within two (2) years of its effective date, unless the permit specifies a longer period; provided that the Planning Commission, subject to appeal to the Council in the same manner and time as with the permit itself, may extend any such permit for successive periods not to exceed six (6) months each, upon showing of good cause therefor, if written application for such extension is filed prior to the expiration thereof.
2.
"Exercise" of a permit shall mean substantial construction work pursuant to a building permit, and shall not include preparation of plans, engineering work or grading. In case of any dispute thereon, applicant or its successor in interest may request in writing that the Planning Commission conduct a hearing of which the requesting party shall be given ten (10) days advance written notice by first class mail directed to the address of the requesting party given in such written request for hearing. The decision of the Planning Commission may be appealed to the Council pursuant to Chapter 20.424.
3.
Each permit issued hereunder shall have appended thereto a copy of this paragraph F. and Chapter 20.412, and shall contain substantially the following provision: "Any permit is subject to expiration and revocation as provided in Chapter 20.412, and such provisions are specifically made a part hereof without negating the applicability of any other provision of this title or of any other ordinance."
4.
Upon expiration of the period of time set forth in paragraph E.2. above, if, in the opinion of the Secretary to the Commission, any permit has been revoked or has expired, written notice thereof may be directed to the holder of the permit according to city records at its last address of record. The same shall be sent by first class mail, postage prepaid. Unless a hearing is requested by any interested person as provided for in paragraph E.2. above, with such request being received by the city within thirty (30) days of date of mailing of such letter, nonexercise of such permit shall be conclusively presumed. Any notices to be given under this paragraph E. shall be deemed given upon deposit in the United States mail, whether actually received or not.
F.
Revisions to site plan approved as part of conditional use permit.
1.
Minor revision to a site plan approved as part of a conditional use permit may be made after review and approval by the Director pursuant to the Plan Review, § 20.408.040. Minor revisions are hereby defined as revisions which in no way change the requirements set forth by the Commission or Council or violate the intent of any of the standards or conditions of the permit or of the zone.
2.
Revisions other than minor revisions, as defined above, shall be made pursuant to the conditional use permit procedure set forth in this section.
3.
All copies of the approved revised site plan shall be dated and signed by the Director and made a part of the record of the subject conditional use permit. One (1) copy of such approved revised site plan shall be mailed to the applicant.
G.
An amendment to an existing conditional use permit shall be subject to a minor conditional use permit if the uses that were approved under a conditional use permit are allowed with a minor conditional use permit on the effective date of this Chapter.
H.
Reapplication. No person shall reapply for a similar conditional use permit on the same land, building, or structure within a period of one (1) year from the date of the final decision on such previous application unless such decision is a denial without prejudice.
(Ord. 1066, 4-20-2004; Ord. 1250, 5-21-2024; Ord. 1254, 3-18-2025)
§ 20.408.040 Plan review.
A.
Purpose. The purpose of the plan review procedure is to enable responsible city departments to review development proposals for conformity with applicable provisions of this code and all requirements of law.
1.
Applicability. This chapter shall apply to the following types of developments:
a.
New single-family dwellings part of a larger development that includes two or more lots, not exempt from local, state, or federal law, in the R-1 (Single-Family Residential), R-1 5,000 (Single-Family Residential 5,000), and R1-H (Single-Family Residential - Hillside) Zones.
b.
All developments in the R-2 (Multiple-Family Residential) and R-3 (Multiple-Family Residential Zones), not exempt from local, state, or federal law, except for modification to the existing single-family dwellings.
c.
All developments in commercially zoned properties.
d.
All developments in industrially zoned properties.
e.
Exceptions. This section does not apply to developments that only involve interior modifications.
B.
Procedure.
1.
Application for plan review shall be submitted in accordance with § 20.400.040, together with the requisite fee therefor.
2.
The plans shall be reviewed by the Director for conformity with provisions of this title. The plans may be approved and signed by the Director which stipulate that the development as shown (with any changes noted by the Director) conforms with the development regulations of the zone.
3.
For any project not requiring Planning Commission review, the Director shall provide the applicant a written decision approving, denying or conditionally approving a proposed project within thirty (30) days following submission of a complete application pursuant to Chapter 20.400. The Director's decision shall contain the appropriate findings and reasons for decision. The Director shall maintain a copy of the decision on file in the Development Services Department. The Director's decision shall be final and shall become effective ten (10) days following the date of decision subject to appeal pursuant to Chapter 20.424.
4.
All development projects subject to Planning Commission review and approval, shall be placed on the Planning Commission agenda for consideration. The Planning Commission shall consider and act upon each discretionary application according to the provisions of this title. The Planning Commission's decision shall be noted on the plans and recorded in the Planning Commission minutes.
5.
No building permit shall be issued until all required plans have been approved in accordance with this section and no certificate of occupancy shall be issued unless the development complies with the approved plan review application and all conditions attached thereto.
C.
Contents of plans required. All plans required to be submitted to the Community Development Director shall indicate clearly, and with full dimensions, the information required by the application. The applicant shall provide any additional information as required by the Director to establish that the project satisfies all applicable development standards of this title.
D.
Art in public places program requirements.
1.
Except as otherwise provided in this title, all development projects are subject to the requirements contained in the most recently adopted or amended version of the Art in Public Places Manual.
2.
All developers of commercial projects, industrial projects, including attached and detached additions to existing commercial and industrial buildings, and residential projects of five (5) dwelling units or more with a total building valuation are required to select, purchase and install permanent outdoor sculpture accessible by the general public. The required minimum art allocation shall be as established in the Art in Public Places Manual. For any custom home development, the art requirement will be based on an estimate of the homes' market value, based on lot size and existing market. If development of a project is to proceed in phases, the phasing plan shall include information reflecting compliance with the Art in Public Places requirements and shall be subject to review and approval, all as specified in the Art in Public Places Manual. Additional requirements of the city's Art in Public Places Program are set forth in the Art in Public Places Manual.
3.
All property owners are responsible for maintaining the art work in clean, undamaged condition for the lifetime of the art work. The obligation to maintain the art work shall be evidenced by written instrument recorded with the County Recorder setting forth such obligation. A copy of the instrument shall be submitted to the city immediately following recordation.
(Ord. 1050, 6-19-2001; Ord. 1250, 5-21-2024; Ord. 1254, 3-18-2025)
§ 20.408.050 Certificate of compatibility.
A.
Intent and purpose. The certificate of compatibility considers the compatibility of accessory dwelling units that do not conform to the established standards, and mobile or manufactured homes to coordinate land planning, architecture, aesthetics, and economic cohesiveness within the surrounding neighborhood. The issuance of a certificate of compatibility shall be obtained prior to submittal of an application for a building permit.
(Ord. 1220, 3-16-2021; Ord. 1254, 3-18-2025)
§ 20.408.060 Determination of public convenience or necessity.
A.
Determinations of public convenience or necessity relating to the sale of alcoholic beverages (including beer and wine) required by Cal. Business and Professions Code § 23958.4 or a successor statute shall be made by the Planning Commission on behalf of the City except as provided in paragraph B.
B.
The Director shall have the authority to make determinations of public convenience or necessity on behalf of the City for uses classified as follows:
(Ord. 1250, 5-21-2024)
§ 20.408.070 Precise development.
A.
Purpose. The purpose of the precise development procedure is to enable responsible city departments to review development proposals for conformity with applicable provisions of this code and all requirements of law for specified categories of development in Mixed-Use zones and all developments in Precise Development zone.
B.
Procedure.
1.
Application for plan review shall be submitted in accordance with § 20.400.040, together with the requisite fee therefor.
2.
Application for precise development shall include submission of the following, where appropriate:
a.
A boundary survey map of the property. (A tentative subdivision map may be substituted for this requirement if the applicant proposes to subdivide the property.)
b.
Existing topography of the development area shall be shown with contours at not more than two (2) foot intervals.
c.
The gross land area of the development, the present zoning classification thereof, and the zoning classification and existing land use on all adjacent properties, including the location of structures and other improvements thereon.
d.
A general development plan with at least the following details shown to scale and dimensioned:
(1)
Location and use or uses proposed for each existing and each proposed structure in the development area, the number of stories, gross building area, and approximate location of entrances.
(2)
All existing and proposed storage, curb cuts, driving lanes, parking areas and loading areas.
(3)
All pedestrian walks and open areas for the use of occupants of the proposed development and the public.
(4)
Types of surfacing proposed for all walks and driveways.
(5)
A detailed plan for the landscaping of the development, including the location and heights of all proposed walls, fences and screen plating, and a statement setting forth the method by which such landscaping and fencing shall be preserved and maintained.
(6)
A grading plan for the entire development.
(7)
All existing or proposed physical features such as hydrants, utility facilities, flood lights, drainage facilities and recreation facilities, and a statement setting forth the method by where these features shall be preserved and maintained.
(8)
Any additional drawings or information as may be required by the city.
e.
Plans and elevations of one (1) or more structures to indicate architectural type and materials of construction.
C.
Review authority.
1.
The Planning Commission shall be the review authority for the Precise Development review, except as specified in § 20.260.010 of this chapter.
2.
Planning Commission authority.
a.
The Planning Commission shall have the authority, as an administrative act, subject to the provisions of this section, to require conditions of development in addition to those required by the zone where, it is determined that such conditions are necessary to further the objectives of the General Plan and are in harmony with the intent, purpose and spirit of this section and/or where such additional requirements are deemed essential to protect the public safety and general welfare of the community.
b.
All special conditions established by the Planning Commission in accordance with this section may be appealed to City Council.
3.
Community Development Director authority.
a.
The Director shall have the authority, as an administrative act, subject to the provisions of this section, to require conditions of development in addition to those required by the zone where it is determined that such conditions are necessary to further the objectives of the General Plan and are in harmony with the intent, purpose and spirit of this chapter and/or where such additional requirements are deemed essential to protect the public safety and general welfare of the community.
(Ord. 1254, 3-18-2025)
§ 20.412.010 Variance.
A.
Purpose. The purpose of a variance is to provide for deviations from the strict application of the requirements of this title due to special circumstances applicable to a property which deprive the property of privileges enjoyed by other properties in the vicinity which are subject to identical zoning regulations.
B.
Commission hearing procedure.
1.
Application. Application for a variance shall be filed pursuant to § 20.400.040 together with the appropriate fee as determined by City Council resolution.
2.
Staff investigation. The Planning Division shall make an investigation of the facts bearing on the case to provide the information necessary for the action consistent with the intent of this Chapter and the general plan, and shall report the findings to the Commission.
C.
Findings. The Planning Commission, in approving a variance, must make the following findings:
1.
There are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which result in the strict application of the requirements of this title, depriving the property of privileges enjoyed by other properties in the vicinity and under identical zoning classifications.
2.
The variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.
3.
The granting of the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the property.
D.
Commission action.
1.
The Planning Commission may approve, conditionally approve, or disapprove the application and shall announce and record its decision within 21 days following the conclusion of the public hearing. The decision shall set forth the findings by formal resolution of the Commission and shall be filed with the City Council. A copy of the resolution shall be mailed to the applicant.
(Ord. 1269, 12/2/2025)
§ 20.412.020 Revocation of permit, approval or variance.
A.
Any permit, approval or variance granted pursuant to this title, or granted under any of the prior zoning ordinances in the city and is still in effect, including any which may have been granted automatically for a nonconforming prior use, shall be revoked upon a finding that one (1) or more of the following conditions exist:
1.
That the use is detrimental to the public health or safety or is a nuisance;
2.
That the permit, approval or variance was obtained by fraud;
3.
That the use for which the permit, approval or variance was granted has ceased, or has been suspended for one (1) year or more;
4.
That the applicant has not complied with one or more of the conditions of approval or the permit, approval or variance.
B.
Any such finding shall be by the Planning Commission after public hearing of which the initial applicant (or any successor of record whose address has been furnished) shall be given ten (10) days advance written notice by first class mail directed to applicant's address of record (or such successor's address so furnished), as per the files of the Planning Commission. Said finding of the Commission and its determination pursuant thereto shall be subject to appeal pursuant to Chapter 20.424. Action of the Planning Commission, or the Council, shall be by resolution, shall contain specific findings and specific action relative to revocation.
C.
Notwithstanding the provisions set forth above, the Commission, or the Council, as the case may be, with respect to any ground of revocation coming with paragraphs A.3. or A.4., above, may grant a period of time within which the use may be reactivated, or within which noncompliance with conditions may be remedied. In such event, the resolution shall be considered interlocutory, and the hearing shall be continued automatically, without further notice, to the first regular meeting of the body adopting the resolution following such extended date or dates set for full compliance. Thereupon by further resolution, the body theretofore otherwise finally acting shall take final action with respect thereto. No further appeal from any action of the Planning Commission shall be permitted, and such action of the Planning Commission or Council shall be final and conclusive.
§ 20.416.010 Setting of hearings.
A.
Planning Commission hearings.
1.
Except for matters considered by or appealed from the Director, when a public hearing is required on a zoning matter, the first such hearing shall be held by the Planning Commission.
2.
Except as otherwise provided herein, when a public hearing is to be held by the Planning Commission, the Director shall set the time and place for such hearing. The time of such hearing shall be at least ten (10) days and not more than forty (40) days after the acceptance of an application or the receipt of written notice or other instruction from the Planning Commission or City Council initiating the matter.
B.
Council hearings.
1.
When a public hearing is required on a zoning matter following any decision or recommendation by the Planning Commission, such hearing shall be held by the City Council.
2.
Upon acceptance of an appeal, or receipt of a written report from the Planning Commission required to be heard by the City Council, the City Clerk shall set the time and place for such hearing. The time of such hearing shall be at least ten (10) days and not more than forty (40) days after the end of the period for filing an appeal or after receipt of the report.
§ 20.416.020 Notice of application filing.
A.
Notice of application filing. The following development project application types shall post a project information sign on the project site, consistent with the requirements of subsection C of this section:
1.
Changes of Zone as identified in § 20.404.020, when proposed as part of a development project;
2.
Residential development projects comprised of five or more dwelling units;
3.
Commercial or Industrial development projects containing 10,000 square feet or more of new building area;
4.
Hotel development projects containing more than 50 rooms;
5.
Large-scale development projects, as determined by the Community Development Director.
B.
Posting of notice of application filing. Notices shall be posted by the applicant on the project site in compliance with the following requirements:
1.
Fees. The applicant shall be notified of required sign bonding fees and sign permit filing requirements. A cash deposit is required to ensure compliance with the supplemental notification requirements including maintenance and removal of the large notification sign. The project application shall not be deemed complete until the noticing sign(s) are installed and the required cash deposit has been made.
2.
Sign criteria. The following standards shall apply to public noticing signage:
a.
Sign size and specification. Noticing sign(s) shall be four feet by eight feet in size and be constructed to the specifications determined by the Planning Division. The specific project information text on the sign shall be provided by the Planning Division.
b.
Location. At least one noticing sign shall be posted on each street frontage of the project site at a location that maximizes its visibility to pedestrians and motorists passing by the project site.
c.
Timing. Notices shall be posted within 60 days of filing a development application, or within 30 days of receipt of notice that the application requires a public hearing. Projects shall not be scheduled for a hearing until all noticing sign(s) are installed by the applicant at the project site in accordance with the above criteria. Once the project application is deemed complete and all noticing sign(s) installed per city standards, the project will be scheduled for a hearing.
d.
Sign removal and maintenance. Noticing sign(s) shall be kept adequately maintained and remain in place until the final decision on the application has been made or the application has been withdrawn. Noticing sign(s) shall be removed by the applicant within 30 days of the final decision or date of withdrawal. Failure to remove the sign(s) within the prescribed period may result in forfeiture of the cash deposit and removal of the sign by the city.
C.
Notice of hearing. Development projects that require a public hearing shall revise the project information sign on the project site to include the public hearing information at least 10 calendar days before the date set for such hearing, consistent with the requirements of subsection B of this section.
(Ord. 1073, 8-3-2004; Ord. 1269, 12/2/2025)
§ 20.416.030 Notice of hearings.
A.
Time. Notice of each public hearing shall be given at least 10 calendar days before the date set for such hearing. (See: Cal. Gov't Code §§ 65090 and 65091).
B.
Content. Each notice of public hearing shall include the following information: (See: Cal. Gov't Code § 65094).
1.
Time and place of the hearing;
2.
Who will conduct the hearing;
3.
A general explanation of the matter to be considered, including the type and magnitude of any proposed changes in development or development regulations;
4.
Identification of the property and the area affected;
5.
Where further information can be obtained;
6.
A statement of the right to appear and be heard.
C.
Publication of notice. When newspaper publication of a notice of public hearing is required, such notice shall be published at least once in a newspaper of general circulation which is published and circulated in the city, or in the area affected if the matter is a prezoning of a proposed annexation to the city. (See: Cal. Gov't Code §§ 65090 and 65091).
D.
Posting of notice. The on-site posting of notices for discretionary applications that require a public hearing shall be posted on the project site at a location that maximizes its visibility to pedestrians and motorists passing by the project site.
E.
Notice to owners of property within 500 feet.
1.
Where a public hearing is required by this code, written notification of such hearing shall be provided to owners of property located within 500 feet of the subject property, and such notice shall be made by delivery by city employees or by first class mail to all persons, including businesses, corporations, or other public and private entities, shown on the last equalized assessment roll as owning real property which is located within 500 feet of the subject property. (See: Cal. Gov't Code § 65091(a)(4)).
2.
If the matter to be considered is a legislative matter as identified in § 20.404.010, and the number of owners to whom notice would be sent pursuant to subsection E.1 of this section is greater than 1,000, notice may be given, in lieu of the method described in subsection E.1. of this section, by placing a display advertisement of at least one-eighth page in a newspaper of general circulation in the area affected.
F.
Notice to owners of adjacent property. When notice of a public hearing is required to be given to owners of adjacent property, such notice shall be made by delivery by city employees or by first class mail to all persons, including businesses, corporations, or other public and private entities, shown on the last equalized assessment roll as owning real property which is adjacent to the property or zone boundary directly involved in the matter under consideration.
G.
Notice to persons requesting notice. For all public hearings or zoning matters, in addition to other notices, notice shall be given by first class mail to any person who has filed a written request therefor with the Commission. Such a request shall be effective for the balance of the calendar year in which the request is submitted. A reasonable fee for this service may be established by the City Council for the purpose of recovering the cost thereof. (See: Cal. Gov't Code § 65092).
H.
Responsibility for giving notice. The officers responsible for giving required notices of public hearings shall be as follows:
(Ord. 1269, 12/2/2025)
§ 20.416.040 Conduct of hearings.
A.
Rules.
1.
The City Council, Planning Commission, and Director shall adopt and publish rules for the conduct of their respective hearings or meetings on zoning matters. (See: Cal. Gov't Code § 65804(a)).
2.
When a city staff report exists concerning a zoning matter, such report shall, if possible, be made available to the public prior to any subsequent public hearing on the matter and shall be presented and made a part of the public record at the beginning of any such hearing. (See: Cal. Gov't Code §§ 65804(c), (d)).
B.
Continuance. Any hearing on a zoning matter may be continued from time to time and place to place, provided the time and place to which continued is announced prior to adjournment of the meeting from which continued. (See: Cal. Gov't Code § 65095).
C.
Record of hearing. When a zoning matter is contested and a prior written request is made to the body conducting a hearing on the matter, a record of the hearing shall be made, and copies made available to any interested party at cost. A deposit may be required with such request. (See: Cal. Gov't Code § 65804(b)).
(Ord. 1269, 12/2/2025)
§ 20.420.010 Findings.
A.
For each discretionary decision under a procedure prescribed by this title, whether made by the City Council, Planning Commission or Director, written findings shall be adopted pertinent to the applicable criteria of state law and this title based upon the investigation, hearings, and record of the case.
B.
When decisions under more than one (1) type of zoning procedure are being made concurrently with respect to the same subject property or subject matter, the findings and decision for each such procedure shall be separately identified.
§ 20.420.020 Form of decision.
§ 20.420.030 Vote required.
Except as otherwise required by law, actions on zoning matters by the City Council or Planning Commission shall require the concurring vote of a majority of the members present, with a quorum present.
§ 20.420.040 Time limits.
A.
On a zoning matter to be decided by the Director, such decision shall be made within forty (40) days after acceptance of the application or other initiation of the matter. An extension of this time limit may be made only with the consent of the applicant or body initiating the matter.
B.
On a zoning matter initiated by application, the Planning Commission shall make its recommendation or decision within forty (40) days after opening its first hearing on the matter or, if no hearing is held, within forty (40) days after acceptance of the application. The Planning Commission may extend the time limit prescribed for its action only with the consent of the applicant and only to the extent such extension is not in conflict with other laws.
C.
On a zoning matter initiated by the Planning Commission, the Commission shall act within one hundred eighty (180) days of such initiation, or such other period as may be requested by the City Council.
D.
On a zoning matter initiated by the City Council and referred to the Planning Commission, and on any matter referred back to the Commission by the City Council after previous consideration by the Commission, the Commission shall act within forty (40) days after referral, or such longer period as may be set by the City Council. (See: Cal. Gov't Code §§ 65853 and 65857.)
E.
For any zoning matter initiated by the City Council, the Council shall act within one hundred eighty (180) days of such initiation unless extended by the Council for good cause. For any other zoning matter presented to the City Council, the Council shall act within forty (40) days after opening its first hearing on the matter; or, if no hearing is held on the matter, within forty (40) days after the Council receives the matter; or, if referred back to the Planning Commission, within forty (40) days after receipt of the Commission's report or within forty (40) days after expiration of the Commission's time limit for such report. The Council may extend the period for its action for good cause shown.
§ 20.420.050 Notice of decision.
A.
For each decision on a zoning matter, within five (5) days after such decision is made, notice of the decision shall be sent by first class mail or delivered by a city employee to the applicant or other person initially requesting consideration of the matter and to any other person who has filed a written request for such notice with the officer responsible for giving such notice.
C.
Upon the final approval of a zone change, conditional use permit, or variance, the responsible officer as identified above shall, within thirty (30) days, and on behalf of the City Council, notify the County Assessor of the action. (See: Cal. Gov't Code § 65863.5)
§ 20.424.010 Appellate authority.
§ 20.424.020 Appellants.
Any interested party is eligible to file an appeal on any zoning matter which is subject to appeal. (See: Cal. Gov't Code § 65856)
§ 20.424.030 Time for filing of appeal.
An appeal must be filed within ten (10) days after the date of action by the Planning Commission or within ten (10) days after the date of decision by the Director.
§ 20.424.040 Effect of timely appeal.
The filing of a timely appeal shall suspend the decision of the Director or the Planning Commission, as the case may be, until the final determination thereof or dismissal of the appeal by the appellant.
§ 20.424.050 Form of appeal.
All appeals shall be in writing and, except for an appeal initiated by a City Council member, shall include:
§ 20.424.060 Filing of appeal.
A.
All appeals on zoning matters shall be filed with the City Clerk together with any required appeal fee as set forth in the current schedule of fees adopted pursuant to § 20.400.070. The City Clerk shall cause the date and time of receipt of each appeal to be endorsed thereon.
B.
If the information included with an appeal is found by the City Clerk to be deficient, the City Clerk shall notify the appellant by U.S. certified mail as to the particulars of the deficiencies. If such deficiencies are not corrected within ten (10) days of such notice, the appeal shall be deemed withdrawn.
§ 20.424.070 Transmittal of record upon appeal.
Upon acceptance of an appeal, the City Clerk shall notify the Director, and the Director shall transmit to the appellate body a summary of factual data and a record of the action taken on the matter being appealed. Such information shall be before the appellate body prior to its consideration of the appeal.
§ 20.424.080 Consideration of appeal.
Each appeal shall be considered de novo. Insofar as practicable, and unless otherwise provided in this title, the appellate body shall follow the same procedures and apply the same criteria as prescribed for the original proceeding on a matter. When a hearing is required or held, notice shall be given in the same manner as prescribed for hearing in the original proceeding; or, if no previous hearing was required, in such manner as deemed appropriate by the appellate body.
§ 20.424.090 Appellate decision.
An appellate body may affirm, modify, or reverse the decision appealed from. The appellate decision shall be supported by written findings and, unless appealed as authorized hereunder, shall be final and conclusive.
§ 20.424.100 Irregularities in proceedings.
Any irregularity in any procedure set forth in this title shall not invalidate the proceeding if there is compliance with the minimum requirements of state law. Notwithstanding the foregoing, failure to timely file an appeal or to pay the requisite fee therefor shall render the appeal null and void.