A.

Threshold of review. Table 20.23-1 (Threshold of Review) establishes the final reviewing authority for all land use and development entitlements in the City of Chino. The symbols contained within the table have the following meanings:

X = Approving Authority

A = Appeal Authority

R = Recommending (Advisory) Authority

B.

Multiple permit applications. A project which requires the filing of more than one land use or entitlement permit application shall, to the extent possible, file all related permits concurrently.

TABLE 20.23-1 THRESHOLD OF REVIEW

(Ord. 2010-05, § 1(exh. A), 2010; Ord. 2013-003, § 40, 2013.)

A.

Any variance or special conditional use permit granted pursuant to the provisions of any "zoning" or "districting" ordinance enacted prior to the effective date of the ordinance codified in this title, shall be construed to be a variance or special conditional use permit under this title, subject to all limitations imposed in such variance or special conditional use permit. Such variances or special conditional use permits, however, not utilized within one hundred eighty days from the effective date of the ordinance codified in this title, shall be null and void, and the property included therein shall thereafter be subject to all the regulations of the zone in which it is located.

B.

Any land use that is legally established prior to the effective date of the ordinance codified in this title, and which land use requires the approval of a special conditional use permit according to this title, is deemed to have a special conditional use permit subject to all requirements of section 20.23.080 of this Code.

(Ord. 2010-05, § 1(exh. A), 2010; Ord. 2013-003, § 41, 2013.)

A.

Purpose and intent. These provisions prescribe the procedures and requirements for the filing of applications for permits, amendments and approvals prescribed by this Zoning Code.

B.

Application filing. An application for a permit, permit modification, amendment, or any other matters pertaining to this Zoning Code shall be filed with the department of community development on a city application form, together with all required fees, plans, maps, reports, special studies, exhibits, and any other information deemed necessary by the department to process the application. The application shall be made by the owner(s) or lessee(s) of property, or their agent(s), or person(s) who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this Zoning Code, or their agent(s).

C.

Fees. The city council shall, by resolution, establish a schedule of fees for permits, amendments, and other matters pertaining to this Zoning Code. The schedule of fees may be changed or modified only by resolution of the city council. Until all applicable fees have been paid in full, review shall not commence on any application. Failure to pay all applicable fees is grounds for denial of an application.

D.

Limitation on application refiling. A final action denying an application for a land use decision or development permit relative to a specific lot(s) or parcel(s), shall prohibit the further filing of the same or a substantially similar application for a period of not less than one year from the date of application denial.

E.

Environmental review. An application for a permit, permit modification, amendment, or any other matters pertaining to this Zoning Code shall be reviewed and acted upon in accordance with the provisions of the California Environmental Quality Act and the CEQA guidelines.

F.

Applications deemed withdrawn.

1.

If an applicant does not respond in writing to a notice of nonacceptance within nine months of receipt of said notice, the application shall expire and be deemed withdrawn without any further action by the city.

2.

Any fees submitted with the project application that remain unused at the time the application is deemed withdrawn shall be returned to the applicant.

3.

After the withdrawal of an application, future city consideration of the same or another project shall require the submittal of a new, complete application, and associated filing fees.

(Ord. 2010-05, § 1(exh. A), 2010.)

A.

Purpose and intent. The purpose of these provisions is to prescribe procedures for amending, supplementing or changing the general plan of the City of Chino, whenever the public necessity, convenience, general welfare or good planning practice so requires.

B.

Applicability.

1.

Pursuant to Government Code section 65358, the city council may, by resolution, upon written recommendation of the planning commission, amend, supplement or change the general plan.

2.

No element of the general plan shall be amended more than four times during any calendar year; except that such limitation shall not apply to amendments necessary for the development of residential units where at least twenty-five percent of the proposed units will be occupied by low- or moderate-income persons as defined in Health and Safety Code section 50093.

C.

Application and filing. A general plan amendment may be initiated by the city, or by an interested party in accordance with the provisions of section 20.23.030 (Applications and Fees) of this chapter.

D.

Hearing and notice. All applications for a general plan amendment, and all actions to amend or terminate such, shall be heard, scheduled and noticed in accordance with the provisions of section 20.23.140 (Public Notices and Hearings) of this chapter.

E.

Investigation. The director of community development shall investigate the facts bearing on the application, and provide the information necessary for action on the application, consistent with state planning and zoning law, and shall report all findings to the planning commission and city council.

F.

Review and action.

1.

The planning commission shall make a written recommendation on a proposed general plan amendment whether to approve, approve in modified form or deny, based upon the findings contained in Subsection G. (Findings) of this section. The planning commission's recommendation shall be transmitted to the city council, in such manner and form as may be specified by the city council. The planning commission shall make its findings and recommendations to the city council, in writing, within sixty days following the date its decision was rendered.

2.

Upon receipt of the recommendation of the planning commission, the city council may, by resolution, approve, approve with modifications or deny a general plan amendment, based upon the findings contained in Subsection G. (Findings) of this section.

G.

Findings. In reviewing a general plan amendment application, the recommending and approving authorities shall consider and clearly establish the following findings of fact, giving specific reasons as to how each of the findings has been met:

1.

The proposed amendment is internally consistent with the general plan;

2.

The proposed amendment will not be detrimental to the public interest, health, safety, convenience or welfare of the city;

3.

The proposed amendment will maintain the appropriate balance of land uses within the city; and

4.

In the case of an amendment to the general plan land use map, the subject site is physically suitable, including, but not limited to, parcel size, shape, access, availability of utilities and compatibility with adjoining land uses, for the requested land use designation and anticipated development.

(Ord. 2010-05, § 1(exh. A), 2010.)

A.

Purpose and intent. The purpose of these provisions is to prescribe a procedure for adopting, amending, supplementing or changing specific plans for the systematic implementation of the general plan, whenever the public necessity, convenience, general welfare or good planning practice so requires.

B.

Applicability. Pursuant to Government Code section 65450 et seq., the city council may, by either resolution or ordinance, upon written recommendation of the planning commission, adopt, amend, supplement or change a specific plan.

C.

Application and filing. Specific plan adoption or an amendment to an adopted specific plan may be initiated by the city, or by an interested party in accordance with the provisions of section 20.23.030 (Applications and Fees) of this chapter. An application for specific plan adoption or amendment shall include text and diagrams which contain all of the provisions outlined in Government Code sections 65451 through 65452, in addition to all fees, plans, maps, reports, data, special studies and exhibits required by the city.

D.

Hearing and notice. All applications for a specific plan adoption or amendment, and all actions to amend or terminate such, shall be heard, scheduled and noticed in accordance with the provisions of section 20.23.140 (Public Notices and Hearings) of this chapter.

E.

Investigation. The director of community development shall investigate the facts bearing on the application, and provide the information necessary for action on the application, consistent with state planning and zoning law, and shall report all findings to the planning commission and city council.

F.

Review and action.

1.

The planning commission shall make a written recommendation on a proposed specific plan or an amendment to an adopted specific plan, whether to approve, approve in modified form or deny, based upon the findings contained in Subsection G. (Findings) of this section. The planning commission's recommendation shall be transmitted to the city council, in such manner and form as may be specified by the city council. The planning commission shall make its findings and recommendations to the city council, in writing, within sixty days following the date its decision was rendered.

2.

Upon receipt of the recommendation of the planning commission, the city council may, either by resolution or ordinance, approve, approve with modifications or deny a proposed specific plan or an amendment to an adopted specific plan, based upon the findings contained in Subsection G. (Findings) of this section.

G.

Findings. In reviewing a general plan amendment application, the recommending and approving authorities shall consider and clearly establish the following findings of fact, giving specific reasons as to how each of the findings has been met:

1.

The proposed specific plan or specific plan amendment is internally consistent with the general plan;

2.

The proposed specific plan or specific plan amendment will not be detrimental to the public interest, health, safety, convenience or welfare of the city;

3.

The proposed specific plan or specific plan amendment will maintain the appropriate balance of land uses within the city; and

4.

In the case of an amendment to a specific plan land use map, the subject site is physically suitable, including, but not limited to, parcel size, shape, access, availability of utilities and compatibility with adjoining land uses, for the requested land use designation and anticipated development.

(Ord. 2010-05, § 1(exh. A), 2010.)

A.

Purpose and intent. The purpose of these provisions is to prescribe procedures for amending, supplementing or changing this Zoning Code, or changing the zoning boundaries or zoning classification of any property within the city.

B.

Applicability. Pursuant to Government Code sections 65853 through 65859, the city council may by ordinance, upon written recommendation of the planning commission, amend, supplement or change the zoning code codified in this Zoning Code, or change the zoning boundaries or classification of any property within the city, whenever the public necessity, convenience, general welfare or good zoning practice so requires.

C.

Application and filing. A zone change or zone ordinance amendment may be initiated by the city, or by an interested party in accordance with the provisions of section 20.23.030 (Applications and Fees) of this chapter.

D.

Hearing and notice. All applications for a zone change or zoning code amendment, and all actions to amend or terminate such, shall be heard, scheduled and noticed in accordance with the provisions of section 20.23.140 (Public Notices and Hearings).

E.

Investigation. The director of community development shall investigate the facts bearing on the application, and provide the information necessary for action on the application, consistent with the zoning code and the general plan, and shall report all findings to the planning commission and city council.

F.

Review and action.

1.

The planning commission shall make a written recommendation on a proposed zone change or zoning code amendment, whether to approve, approve in modified form or deny application, based upon the findings contained in Subsection G. (Findings) of this section.

2.

The planning commission's recommendation shall be transmitted to the city council, in such manner and form as specified by the city council. The planning commission shall make its findings and recommendations to the city council, in writing, within forty-five days following the date its decision was rendered.

3.

Upon receipt of the recommendation of the planning commission, the city council may, by resolution, approve, approve with modifications or deny a zone change or zone ordinance amendment, based upon the findings contained in Subsection G. (Findings) of this section.

4.

The director of community development shall be able to make minor changes to Title 20 of the Chino Municipal Code for the purpose of correcting typographical errors, including syntax, punctuation, spelling and grammar.

G.

Findings. In reviewing a zone change or zone ordinance amendment application, the recommending and approving authorities shall consider and clearly establish the following findings of fact, giving specific reasons as to how each of the findings has been met:

1.

The proposed zone change or zoning code amendment is consistent with the goals and policies of the general plan;

2.

The proposed zone change or zoning code amendment is reasonable and beneficial, and in the interest of good zoning practice;

3.

The proposed zone change or zoning code amendment will not have a significant adverse impact on the environment;

4.

In the case of a zone change to specific property, the change will not adversely affect the harmonious relationship with adjacent parcels and land uses; and

5.

In the case of a zone change to specific property, the subject site is physically suitable, including, but not limited to, parcel size, shape, access, availability of utilities and compatibility with adjoining land uses, for the requested zoning designation and anticipated development.

H.

Urgency measure; interim zoning code. When there is a current and immediate threat to the public health, safety and general welfare, the city council may adopt as an urgency measure, an interim ordinance prohibiting any use which may be in conflict with a contemplated general plan, specific plan or zoning proposal which the city council or planning commission is considering or studying, or intends to study within a reasonable time period. Adoption of an urgency measure shall require a four-fifths vote of the city council and shall be made pursuant to the provisions of Government Code section 65858.

I.

Prezoning of unincorporated territory to be annexed.

1.

Pursuant to the provisions of Government Code section 65859, the city council may prezone unincorporated territory adjoining the city for the purpose of determining the zoning that will apply to such property in the event that it is annexed to the city.

2.

Prezoning shall be accomplished in the same manner as a zone change. Such zoning shall become effective at the same time that the annexation of a property becomes effective.

3.

At the time of public hearing before the city council for a proposed annexation, the city council shall determine in which zoning classification such property shall be placed, subject to the right of the owner(s) of any land previously zoned or restricted exclusively for agricultural purposes, to withdraw their land from the proposed annexation, pursuant to the provisions of Government Code section 35009.

4.

When any area prezoned in accordance with the provisions of this section is subsequently annexed to the city, it shall be classified immediately in accordance with its prezoning classification. The "official zoning map" shall thereupon be amended to indicate the zoning classification of such annexed areas without additional procedure.

(Ord. 2010-05, § 1(exh. A), 2010.)

A.

Purpose and intent. The purpose of these provisions is to prescribe procedures for the consideration of development agreements by and between the city and persons having a legal or equitable interest in a property proposed to be the subject of an agreement. It is intended that the provisions of this section shall be fully consistent and compliant with the provisions of Government Code section 65864 et seq., and shall be so construed.

B.

Applicability.

1.

Any person having legal or equitable interest in property within the corporate boundary of the city may request to enter into a development agreement with the city for the development of property.

2.

Any person having legal or equitable interest in property within unincorporated territory within the city's sphere of influence may request to enter into a development agreement with the city for the development of property. However, the agreement shall not become operative unless annexation proceedings annexing the property to the city are completed within a time period specified by the agreement. If the annexation is not completed within the specified time period, the agreement, or any extension of the agreement, is null and void.

3.

Unless amended or cancelled pursuant to the provisions of this section, a development agreement shall be enforceable by any party thereto, notwithstanding any change in any applicable general or specific plan, or zoning, subdivision or building regulation adopted by the city, which alters or amends the rules, regulations or policies specified in Subsection B.4. of this section.

4.

Unless otherwise provided by the development agreement, rules, regulations and official policies governing permitted land uses, density, design, improvement, and construction standards and specifications, applicable to development of the property subject to a development agreement, shall be those rules, regulations and policies applicable to the property as set forth herein, nor shall a development agreement prevent the city from denying or conditionally approving and subsequent development project application on the basis of such existing or new rules, regulations and policies.

C.

Agreement contents.

1.

A development agreement entered into pursuant to the provisions of this section shall, at a minimum, provide the following information:

a.

Duration of the agreement;

b.

The permitted use(s) of the property;

c.

The density or intensity of use;

d.

The maximum height and size of proposed buildings; and

e.

Provisions for reservation or dedication of land for public purposes.

2.

In addition to all required information, the development agreement may:

a.

Include conditions, terms, restrictions and requirements for subsequent discretionary actions, provided such conditions, terms, restrictions and requirements for subsequent discretionary actions shall not prevent development of the land for the use(s) and to the density or intensity of development set forth in the agreement;

b.

Provide that construction shall be commenced within a specified time period and that the project, or any phase thereof, be completed within a specified time;

c.

Include terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time; and

d.

Include any other such terms, conditions and requirements as deemed necessary and proper by the city council, including, but not limited to, a requirement for assuring to the satisfaction of the city, performance of all provisions of the development agreement in a timely fashion by the agreement holder.

D.

Hearing and notice. All applications for a development agreement, and all actions to amend or terminate such, shall be heard, scheduled and noticed in accordance with the provisions of section 20.23.140 (Public notices and hearings).

E.

Investigation. The director of community development shall investigate the facts bearing on the application, and provide the information necessary for action on the application, consistent with the zoning code and the general plan, and shall report all findings to the planning commission and city council.

F.

Review and action.

1.

The planning commission shall make a written determination on the consistency of the proposed development agreement with the city's general plan, based upon the findings contained in Subsection G (Findings) of this section.

2.

The planning commission's general plan consistency determination shall be transmitted to the city council, in such manner and form as specified by the city council. The planning commission shall transmit its findings and determination to the city council, in writing, within sixty days following the date its decision was rendered.

3.

Upon receipt of the recommendation of the planning commission, the city council may approve, approve with modifications or deny a development agreement application, based upon the findings contained in Subsection G. (Findings) of this section.

4.

Should the city council take action on a development agreement application to approve or approve with modifications, it shall, as part of its action, direct the city attorney to prepare a development agreement embodying the terms and conditions as approved, as well as adopt a resolution authorizing execution of the development agreement by the city manager.

5.

Not later than ten days following execution of a development agreement by the city, the city clerk shall record a copy of the agreement with the county recorder. From and after the time of such recordation, the agreement shall impart such notice thereof to all persons as is afforded by the recording laws of the state. The burdens of the agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement.

G.

Findings. In reviewing a development agreement, the recommending and approving authorities shall consider and clearly establish that the provisions of the agreement are consistent with the general plan and any applicable specific plans, giving specific reasons as to how the finding has been met.

H.

Amendments. A development agreement may be amended, or cancelled in whole or in part, by mutual consent of the parties to the agreement, or their successors in interest. Any action to amend or cancel any portion of the agreement shall be carried out pursuant to the procedures specified in Subsections D. through G. of this section.

I.

Existing agreements on newly annexed property.

1.

Any development agreement between the County of San Bernardino and any person having legal or equitable interest in property, or successor in interest, prior to the effective date of annexation of the property to the city, shall remain valid for the duration of the agreement, or eight years from the effective date of annexation, whichever is earlier, except as follows:

a.

The application for a development agreement is submitted to the county prior to the date that the first signature was affixed to the petition for annexation pursuant to Government Code section 56704, or the adoption of the resolution pursuant to Government Code section 56800, whichever occurs first.

b.

The county enters into a development agreement with an applicant prior to the date of the election on the question of annexation, or, in the case of an annexation without an election pursuant to Government Code section 57075, prior to the date that the conducting authority orders the annexation.

c.

The annexation proposal is initiated by the city. if the annexation proposal is initiated by a petitioner other than the city, the development agreement is valid unless the city adopts written findings that implementation of the development agreement would create a condition injurious to the health, safety or welfare of its residents.

d.

The property subject to a development agreement is incorporated and the effective date of the incorporation is prior to January 1, 1987.

2.

The holder of a development agreement and the city may agree that the development agreement shall remain valid for more than eight years, provided such period does not exceed fifteen years from the effective date of annexation.

3.

The holder of a development agreement and the city shall have the same rights and responsibilities with respect to each other as if the property had remained in the unincorporated territory of the county.

4.

The city may modify or suspend the provisions of a development agreement if the city determines that the failure of the city to do so would place residents of the property subject to the development agreement, or the residents of the city, or both, in a condition dangerous to their health and/or safety.

J.

Periodic review.

1.

Every development agreement approved and executed pursuant to this section shall be annually reviewed during the term of the agreement, following the date of its execution. The purpose of a review conducted pursuant to this section shall be to determine whether the holder of the development agreement has complied in good faith with the terms of the development agreement. The burden shall be placed on the holder of the development agreement to demonstrate such compliance to the full satisfaction of, and in a manner prescribed by, the city.

2.

If, as a result of periodic review pursuant to these provisions, the city council finds and determines, on the basis of substantial evidence, that the holder of the development agreement has not complied in good faith with the terms or conditions of the development agreement, the city council may amend or terminate the agreement in accordance with the procedures specified by Subsection H. (Amendments) of this section.

(Ord. 2010-05, § 1(exh. A), 2010; Ord. 2011-06, § 33, 2011.)

A.

Purpose and intent. The purpose of the special conditional use permit procedure is to assure that a degree of compatibility is maintained with respect to particular uses on a particular site, in consideration of other existing and potential uses within the general area in which such use is proposed to be located, and to recognize and compensate for variations and degrees of technological processes and equipment as related to the factors of noise, smoke, dust, fumes, vibration, odors and hazards.

B.

Applicability.

1.

Special conditional use permit approval shall be required for those conditionally permitted uses identified in Chapters 20.04 through 20.09 (Zoning Districts) of this Zoning Code.

2.

All conditions or requirements authorized by this section are enforceable to the same manner and to the same extent as any other applicable requirement of this Zoning Code.

C.

Application and filing.

1.

An application for a special conditional use permit may be initiated by the city or by an interested party in accordance with the provisions of section 20.23.030 (Applications and Fees) of this chapter.

2.

Not later than thirty days after receiving an application for a special conditional use permit, the director of community development shall determine, in writing, whether the application is complete and shall immediately transmit the determination to the project applicant. If written determination is not made within the specified thirty-day time period, the application shall be automatically deemed complete for processing. Upon receipt of any resubmittal or revision to an accepted application, a new thirty-day time period shall begin.

D.

Hearing and notice. All applications for a special conditional use permit, and all actions to amend or terminate such, shall be heard, scheduled and noticed in accordance with the provisions of section 20.23.140 (Public Notices and Hearings).

E.

Investigation. The director of community development shall investigate the facts bearing on the application, and provide the information necessary for action on the application, consistent with this Zoning Code and the general plan, and shall report all findings to the planning commission.

F.

Review and action.

1.

An application for a special conditional use permit shall be reviewed by the planning commission, whom shall then approve, conditionally approve, or deny such permit. The decision of the planning commission shall be final and conclusive in the absence of a timely filed appeal to the city council.

2.

In granting a special conditional use permit, the planning commission may attach reasonable requirements, in addition to those required by this Zoning Code, which will ensure that the use, at its proposed location:

a.

Will not endanger the public health, safety or general welfare;

b.

Will not injure the value of adjoining or abutting property;

c.

Will not result in any significant environmental impacts;

d.

Will be in harmony with the area in which it is located; and

e.

Will be in conformity with the general plan and/or applicable specific plan(s).

3.

A special conditional use permit application for which an environmental impact report is prepared pursuant to the provisions of Public Resources Code sections 21100 and 21151, shall be acted upon within one year following the date the application was accepted as complete pursuant to the provisions of Subsection C. (Application and Filing) of this section. If a negative declaration is to be adopted or the project is exempt from the provisions of Division 13 (commencing with section 21000) of the Public Resources Code, the project shall be acted upon within one hundred eighty days following the date the application was accepted as complete pursuant to the provisions of Subsection C.2. of this section.

G.

Findings.

1.

The proposed use is consistent with the goals and policies of the city's adopted general plan and/or applicable specific plan(s);

2.

The subject site is physically suitable, including, but not limited to, parcel size, shape, access and availability of utilities, for the type and intensity of use proposed;

3.

The subject site relates to streets and highways properly designed, both as to width and type of pavement to carry the type and quantity of traffic generated by the proposed use;

4.

The proposed use is compatible with those on abutting properties and in the surrounding neighborhood;

5.

The proposed location, size, and operating characteristics of the proposed use will not be detrimental to the public interest, health, safety or general welfare;

6.

The proposed use will not have a significant adverse impact on the environment; and

7.

The minimum safeguards necessary to protect the public health, safety and general welfare have been required of the proposed use.

H.

Expiration.

1.

Application approval shall expire one year from the date of approval if the approved use has not commenced.

2.

The expiration date for application approval may be extended upon written request by the applicant to the director of community development on a city application form.

3.

Upon receipt of a time extension request, the director of community development shall review the project and determine whether new or revised conditions of approval should be imposed. If the imposition of new or revised conditions of approval are warranted, the director of community development shall forward the time extension request to the planning commission, whom shall then approve, approve with new or revised conditions, or deny the time extension request.

4.

If the director of community development determines that no new or revised conditions of approval are warranted, the director may extend the expiration date for a one-year period, a maximum of three times. The planning commission shall review any subsequent time extension requests beyond the three, one-year time periods.

5.

Should the use for which special conditional use permit approval is granted cease to exist or is suspended for one hundred eighty or more consecutive days, such special conditional use permit shall be deemed null and void.

I.

Performance guarantee. The planning commission may require a project proponent provide a performance security to ensure the faithful performance of any or all conditions of approval.

(Ord. 2010-05, § 1(exh. A), 2010.)

A.

Purpose and intent. The purpose of the site approval procedure is to provide a process whereby the integrity and character of the physical fabric of the residential, commercial, industrial, and agricultural areas of the city will be protected in a manner consistent with the goals and policies of the city's general plan. This is assured through the review of development plans for the suitability of:

1.

Location of buildings;

2.

Off-street parking and loading facilities;

3.

Dedication of streets and alleys;

4.

Entrances and exits to the site;

5.

Location of walls and landscaping;

6.

Drainage and off-site improvements as recommended by the city engineer;

7.

Compatibility with the surrounding area;

8.

Exterior building materials and colors;

9.

Quality of proposed construction; and

10.

Any conditions affecting the public health, safety and general welfare.

B.

Applicability.

1.

Site approval shall be required for the physical alteration of a lot or parcel, the construction of a new building, or the addition to or alteration of an existing building, except that site approval shall not be required for:

a.

The development of buildings or structures reviewed and approved pursuant to the provisions of Section 20.23.120 (Administrative Approval);

b.

Changes in tenancy of an existing building, structure or land where that change does not involve the issuance of a special conditional use permit, or the alteration of either the site or the existing building;

c.

Tenant improvements wholly within an existing building; and

d.

Single family dwellings, accessory dwelling units, caretaker units, and agricultural buildings in agricultural zones.

2.

All conditions or requirements authorized by this section are enforceable to the same manner and to the same extent as any other applicable requirement of this Zoning Code.

C.

Application and filing.

1.

An application for site approval may be initiated by the city or by an interested party in accordance with the provisions of section 20.23.030 (Applications and Fees) of this chapter.

2.

Not later than thirty days after receiving an application for site approval, the director of community development shall determine, in writing, whether the application is complete and shall immediately transmit the determination to the project applicant. If written determination is not made within the specified thirty-day time period, the application shall be deemed complete for processing. Upon receipt of any resubmittal or revision to an accepted application, a new thirty-day time period shall begin.

D.

Hearing and notice. All applications for site approval and all actions to amend or terminate such, shall be heard, scheduled and noticed in accordance with the provisions of section 20.23.140 (Public Notices and Hearings).

E.

Investigation. The director of community development shall investigate the facts bearing on the application and provide the information necessary for action on the application, consistent with this Zoning Code and the general plan, and shall report all findings to the planning commission.

F.

Review and action.

1.

An application for site approval shall be reviewed by the planning commission, whom shall then approve, conditionally approve, or deny such permit. The decision of the planning commission shall be final and conclusive in the absence of a timely filed appeal to the city council.

2.

In granting an application for site approval, the planning commission may attach reasonable requirements (conditions), in addition to those required by this Zoning Code, which will ensure that the use, in its proposed location:

a.

Will not endanger the public health, safety or general welfare;

b.

Will not injure the value of adjoining or abutting property;

c.

Will not result in any significant environmental impacts;

d.

Will be in harmony with the area in which it is located; and

e.

Will be in conformity with the general plan and/or applicable specific plan(s).

3.

A site approval application for which an environmental impact report is prepared pursuant to the provisions of sections 21100 and 21151 of the Public Resources Code, shall be acted upon within one year following the date the application was accepted as complete pursuant to the provisions of Subsection C. (Application and Filing) of this section. If a negative declaration is to be adopted or the project is exempt from the provisions of Division 13 (commencing with section 21000) of the Public Resources Code, the project shall be acted upon within one hundred eighty days following the date the application was accepted as complete pursuant to the provisions of Subsection C.2. of this section.

4.

A site approval application for large farm employee housing shall be reviewed and approved within the time limits established in Section 17021.8 of the California Health and Safety Code.

G.

Findings. In reviewing a site approval application, the approving authority shall consider and clearly establish the following findings of fact, giving specific reasons as to how each of the findings has been met:

1.

The proposed project is consistent with the goals and policies of the city's adopted general plan and/or applicable specific plan(s);

2.

The proposed project is permitted within the zoning district in which it is proposed and complies with all applicable provisions of the city's zoning code;

3.

The subject site is physically suitable, including, but not limited to, parcel size, shape, access and availability of utilities, for the type and intensity of development proposed;

4.

The subject site relates to streets and highways properly designed, both as to width and type of pavement to carry the type and quantity of traffic generated by the proposed project;

5.

The proposed project is compatible with those on abutting properties and in the surrounding neighborhood;

6.

The proposed location, size, and operating characteristics of the proposed project will not be detrimental to the public interest, health, safety or general welfare;

7.

The proposed project will not have a significant adverse impact on the environment; and

8.

The minimum safeguards necessary to protect the public health, safety and general welfare have been required of the proposed project.

H.

Expiration.

1.

Application approval shall expire one year from the date of approval, unless building permits have been issued.

2.

The expiration date for application approval may be extended upon written request by the applicant to the director of community development on a city application form. Such a request shall be made at least thirty days prior to the project expiration date.

3.

Upon receipt of a time extension request, the director of community development shall review the project and determine whether new or revised conditions of approval should be imposed. If the imposition of new or revised conditions of approval are warranted, the director of community development shall forward the time extension request to the planning commission, whom shall then approve, approve with revised conditions, or deny the time extension request. If the director of community development determines that no new or revised conditions of approval are necessary, the director may extend the expiration date for a one-year period, a maximum of three times. The planning commission shall review a time extension request that exceeds the three, one-year time periods.

I.

Performance guarantee. The planning commission may require a project proponent provide a performance security to ensure the faithful performance of any or all conditions of approval.

(Ord. 2010-05, § 1(exh. A), 2010; Ord. 2023-008, § 6, 2023.)

A.

Minor variance.

1.

Purpose and intent. The purpose of the minor variance procedure is to provide a method whereby minor departures from the strict application of the development standards contained in this Zoning Code is permitted, when the strict application of such would deprive a property a development right possessed by other property in the same zone and vicinity.

2.

Applicability.

a.

When the strict and literal interpretation, and enforcement of this Zoning Code would result in practical difficulties, unnecessary hardships, or results inconsistent with the general purpose of this Zoning Code, the director of community development shall have the authority to grant a variance from the provisions of this Zoning Code, provided that the addition will not result in a deviation of more than twenty-five percent from a measurable standard. In no case, however, shall a variance be granted which authorizes a use, activity or property right that is not expressly permitted by this Zoning Code.

b.

All conditions or requirements authorized by this section are enforceable to the same manner and to the same extent as any other applicable requirement of this Zoning Code.

c.

A Variance shall not be required when a right-of-way dedication required by the City creates a non-conformity with a development standard required by this Zoning Code, and where the non-conformity is not created by a proposed modification to the site.

3.

Application and filing.

a.

An application for a minor variance may be initiated by the city or by an interested party in accordance with the provisions of section 20.23.030 (Applications and Fees) of this chapter.

b.

Not later than thirty days after receiving an application for a minor variance, the director of community development shall determine, in writing, whether the application is complete and shall immediately transmit the determination to the project applicant. If written determination is not made within the specified thirty-day time period, the application shall be deemed complete for processing. Upon receipt of any resubmittal or revision to an accepted application, a new thirty-day time period shall begin.

4.

Hearing and notice. All applications for a variance and all actions to amend or terminate such, shall be heard, scheduled and noticed in accordance with the provisions of section 20.23.140 (Public Notices and Hearings).

5.

Review and action.

a.

An application for a minor variance shall be reviewed by the director of community development, whom shall then approve, conditionally approve or deny such permit. The decision of the director of community development shall be final and conclusive in the absence of a timely filed appeal to the planning commission.

b.

In granting an application for a minor variance, the director of community development may attach reasonable requirements, in addition to those required by this Zoning Code, to ensure that the minor variance:

i.

Will not endanger the public health, safety or general welfare;

ii.

Will not injure the value of adjoining or abutting property;

iii.

Will not result in any significant environmental impacts;

iv.

Will be in harmony with the area in which it is located; and

v.

Will be in conformity with the general plan and/or applicable specific plan(s).

6.

Findings. In reviewing a variance request, the approving authority shall consider and clearly establish the following findings of fact, giving specific reasons as to how each of the findings has been meet:

a.

There are specific circumstances applicable to the property, including size, shape, topography, location or surroundings, when the strict application of this Zoning Code would deprive such property of privileges by other property in the vicinity and under identical zoning classification;

b.

The granting of such a variance will not constitute a grant of special privilege inconsistent with the limitations upon other property in the vicinity and zone in which the property is situated;

c.

The granting of such a variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, possessed by other property in the same zone or vicinity;

d.

The granting of such a variance will not be materially detrimental to the public welfare, or injurious to the property or improvements in the zone or district in which the property is located; and

e.

The granting of such a variance will not adversely affect the general plan or applicable specific plan(s).

7.

Expiration.

a.

Application approval shall expire one year from the date of approval, unless building permits have been issued.

b.

The expiration date for application approval may be extended upon written request by the applicant to the director of community development on a city application form. Such a request shall be made at least thirty days prior to the project expiration date.

8.

Performance guarantee. The director of community development may require a project proponent provide a performance security to ensure the faithful performance of any or all conditions of approval.

B.

Major variance.

1.

Purpose and intent. The purpose of the major variance procedure is to provide a method whereby departures from the strict application of the development standards contained in this Zoning Code is permitted, when the strict application of such would deprive a property a development right possessed by other property in the same zone and vicinity.

2.

Applicability.

a.

When the strict and literal interpretation, and enforcement of this Zoning Code would result in practical difficulties, unnecessary hardships, or results inconsistent with the general purpose of this Zoning Code, the planning commission shall have the authority to grant a variance from the provisions of this Zoning Code, if the addition will result in a deviation of more than twenty-five percent from a measurable standard. In no case, however, shall a variance be granted which authorizes a use, activity or property right that is not expressly permitted by this Zoning Code.

b.

All conditions or requirements authorized by this section are enforceable to the same manner and to the same extent as any other applicable requirement of this Zoning Code.

c.

A Variance shall not be required when a right-of-way dedication required by the city creates a non-conformity with a development standard required by this Zoning Code, and where the non-conformity is not created by a proposed modification to the site.

3.

Application and filing.

a.

An application for a variance may be initiated by the city or by an interested party in accordance with the provisions of Section 20.23.030 (Applications and Fees) of this chapter.

b.

Not later than thirty days after receiving an application for a variance, the director of community development shall determine, in writing, whether the application is complete and shall immediately transmit the determination to the project applicant. If written determination is not made within the specified thirty-day time period, the application shall be deemed complete for processing. Upon receipt of any resubmittal or revision to an accepted application, a new thirty-day time period shall begin.

4.

Hearing and notice. All applications for a variance and all actions to amend or terminate such, shall be heard, scheduled and noticed in accordance with the provisions of section 20.23.140 (Public Notices and Hearings).

5.

Investigation. The director of community development shall investigate the facts bearing on the application, and provide the information necessary for action on the application, consistent with this Zoning Code and the general plan, and shall report all findings to the planning commission.

6.

Review and action.

a.

An application for a variance shall be reviewed by the planning commission, whom shall then approve, conditionally approve, or deny such permit. The decision of the planning commission shall be final and conclusive in the absence of a timely filed appeal to the city council.

b.

In granting an application for a variance, the planning commission may attach reasonable requirements, in addition to those required by this Zoning Code, as will ensure that the use, in its proposed location:

i.

Will not endanger the public health, safety or general welfare;

ii.

Will not injure the value of adjoining or abutting property;

iii.

Will not result in any significant environmental impacts;

iv.

Will be in harmony with the area in which it is located; and

v.

Will be in conformity with the general plan and/or applicable specific plan(s).

c.

A major variance application shall be acted upon within six months following the date the application was accepted as complete pursuant to the provisions of Subsection B.3. of this section.

7.

Findings. In reviewing a variance request, the approving authority shall consider and clearly establish the following findings of fact, giving specific reasons as to how each of the findings has been meet:

a.

There are specific circumstances applicable to the property, including size, shape, topography, location or surroundings, when the strict application of this Zoning Code would deprive such property of privileges by other property in the vicinity and under identical zoning classification;

b.

The granting of such a variance will not constitute a grant of special privilege inconsistent with the limitations upon other property in the vicinity and zone in which the property is situated;

c.

The granting of such a variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, possessed by other property in the same zone or vicinity;

d.

The granting of such a variance will not be materially detrimental to the public welfare, or injurious to the property or improvements in the zone or district in which the property is located; and

e.

The granting of such a variance will not adversely affect the general plan or applicable specific plan(s).

8.

Expiration.

a.

Application approval shall expire one year from the date of approval, unless building permits have been issued.

b.

The expiration date for application approval may be extended upon written request by the applicant to the director of community development on a city application form. Such a request shall be made at least thirty days prior to the project expiration date.

c.

Upon receipt of a time extension request, the director of community development shall review the project and determine whether new or revised conditions of approval should be imposed. If the imposition of new or revised conditions of approval are warranted, the director of community development shall forward the time extension request to the planning commission, whom shall then approve, approve with revised conditions, or deny the time extension request. If the director of community development determines that no new or revised conditions of approval are necessary, the director may extend the expiration date for a one-year period, a maximum of three times. The planning commission shall review a time extension request that exceeds the three, one-year time periods.

9.

Performance guarantee. The planning commission may require a project proponent to provide a performance security to ensure the faithful performance of any and all conditions of approval.

(Ord. 2010-05, § 1(exh. A), 2010; Ord. 2013-003, §§ 42, 43, 2013.)

A.

Purpose and intent. A zoning clearance is an administrative review procedure whereby the city's action or decision is limited to only the use or reliance upon fixed standards or objective measurements, rather than being based upon policy determinations and the exercising of judgment by the approving authority in deciding whether or how the project should be carried out. The purpose of the zoning clearance is to ensure that a proposed project complies with the permitted list of activities allowed within the applicable zoning district and that all regulations applicable to the type of use or development project proposed, have been met.

B.

Applicability.

1.

Within residential zones, a zoning clearance is required for the following:

a.

Construction of or alterations to non-habitable structures accessory to residential dwellings, including garages, when such structures are six hundred square feet or less in area.

b.

Single-story additions to existing single-family or duplex dwelling units.

c.

Alterations to existing multiple family dwellings and developments, provided that the addition will not result in an increase in density.

d.

Alterations to existing parking facilities accessory to any building or structure.

e.

Alterations to existing landscaping as required by Section 20.19.020 (Applicability) of this Zoning Code.

f.

Construction or alterations to walls and fences.

g.

Construction or alterations to patios, patio covers and patio enclosures.

h.

Alterations to on-site exterior lighting.

i.

Alterations to existing single-family or duplex dwelling units.

j.

The installation of solar panels on multi-family residential homes.

k.

The keeping of chickens in the RD 4.5 zone, consistent with the standards in Section 20.21.030.

2.

Within commercial zones, a zoning clearance is required for the following:

a.

Approval of or alterations to landscaping as required by Chapter 20.19.020 (Landscaping-Applicability) of this Zoning Code.

b.

Construction of or alteration to walls and fences.

c.

Construction of patios, patio covers and patio enclosures.

d.

Changes to exterior building color.

e.

Installation of or alteration to on-site exterior lighting.

f.

Alterations and/or additions to any structure six hundred square feet or less.

g.

Roof-mounted solar panels.

3.

Within industrial zones, a zoning clearance is required for the following:

a.

Approval of or alterations to landscaping as required by Chapter 20.19.020 (Landscaping-Applicability) of this Zoning Code.

b.

Construction of or alteration to walls and fences.

c.

Establishment of or changes to exterior building color.

d.

Installation of or alteration to on-site exterior lighting.

e.

Alterations and/or additions to any structure one thousand two hundred square feet or less.

f.

Roof-mounted solar panels.

4.

Within the agricultural zone, OS 1 zone, and OS 2 zone, a zoning clearance is required for the following:

a.

Small farm employee housing pursuant to Section 20.21.490.

C.

Review authority. The director of community development or the director's designee shall process all zoning clearance actions. administrative approvals may be required for those uses requiring a zoning clearance if it is determined by the director of community development that the use may have a potential impact to adjoining property owners.

D.

Application submittal, review, and action.

1.

An application for a zoning clearance shall be filed using a form approved by the director of community development.

2.

The director of community development or the director's designee shall review the form to verify compliance with all applicable standards. If the project complies with all standards, the director of community development or the director's designee shall issue the zoning clearance.

E.

Special procedures for accessory dwelling units and junior accessory dwelling units. The development services director or the director's designee shall act on an application to create an accessory dwelling unit or a junior accessory dwelling unit as required by state law, and no zoning clearance is needed.

F.

Special procedure for small farm employee housing. The director of development services shall confirm that the standards of Section 20.21.490 and other applicable requirements of this title are met and act on an application to create small farm employee housing within ninety days from the date the city receives a completed application.

G.

Public notice and hearing. No public notice or hearing is required for a zoning clearance.

(Ord. 2010-05, § 1(exh. A), 2010; Ord. 2011-06, § 34, 2011; Ord. 2013-003, § 44, 2013; Ord. 2015-008, § 2, 2015; Ord. 2019-013, §§ 32—34, 2019; Ord. 2020-006, §§ 18, 19, 2020; Ord. 2021-001, § 18, 2021; Ord. 2022-010, § 12, 7-19-2022; Ord. 2023-008, § 6, 2023.)

A.

Purpose and Intent. Administrative approval is an administrative review procedure, which allows for the review and approval of certain land uses and minor development projects where the review is routine in nature, but by nature of the project, may require limited interpretation or discretion by the approving authority in determining compliance with established regulations or guidelines.

B.

Applicability.

1.

Administrative approval is required for all land uses designated with an "A" in Tables 20.04-1, 20.04-2, 20.05-1, 20.06-1, 20.07-1 and 20.08-1.

2.

Within residential zones, administrative approval is also required for the following:

a.

Single-family or duplex development projects consisting of four or fewer dwelling units, except for construction of a second primary unit or duplex in the RD 1, RD 2, or RD 4.5 zone, pursuant to the requirements in Section 20.04.050.

b.

Construction of habitable structures accessory to residential dwellings with the exception of accessory dwelling units.

c.

Construction of nonhabitable structures accessory to residential dwellings, including garages, when such structures are between six hundred square feet and one thousand two hundred square feet in area, excluding patios, decks, patio covers and patio enclosures.

d.

Second-story additions added to existing single-family or duplex dwelling units.

e.

The keeping of five to ten chickens in the RD 4.5 zone, consistent with the standards in Section 20.21.030.

3.

Within commercial zones, administrative approval is also required for the following:

a.

Construction of a building, structure, or addition totaling between six hundred and three thousand square feet in area, provided that all public services and facilities are available and that the development will not result in any adverse environmental impacts.

b.

Construction of parking lots accessory to any building or structure.

c.

The alteration of a building or structure's architectural features, including colors or modification of exterior finish materials, unless they do not alter or compromise the previously approved design theme, as determined by the director of community development.

d.

Addition to, or alteration of, existing parking facilities accessory to any building or structure.

e.

Freestanding solar panels.

4.

Within industrial zones, administrative approval is also required for the following:

a.

Construction of a building, structure, or addition totaling between one thousand two hundred and ten thousand square feet in area provided that all public services and facilities are available and that the development will not result in any adverse environmental impacts.

b.

Construction of parking facilities accessory to any building or structure.

c.

The alteration of a building or structures' architectural features, including colors or modification of exterior finish materials, unless they do not alter or compromise the previously approved design theme, as determined by the director of community development.

d.

The addition to, or alteration of, existing parking facilities accessory to any building or structure.

e.

Hangars up to twenty-five thousand square feet constructed at the Chino Airport.

f.

Freestanding solar panels.

5.

Should the director of community development determine that an administratively approved project would result in substantial opposition or controversy within the neighborhood wherein it is proposed or the community as a whole, the director shall refer the application to the planning commission for review and action at a public hearing held in accordance with the provisions Section 20.23.140 (Public Notices and Hearings).

C.

Application and Filing.

1.

An administrative approval may be initiated by the city or by an interested party in accordance with the provisions of Section 20.23.030 (Applications and Fees) of this chapter.

2.

Not later than thirty days after receiving an application for an administrative approval, the director of community development shall determine, in writing, whether the application is complete and shall immediately transmit the determination to the project applicant. If written determination is not made within the specified thirty-day time period, the application shall be automatically deemed complete for processing. Upon receipt of any resubmittal or revision to an accepted application, a new thirty-day time period shall begin.

D.

Hearing and notice. All administrative approval applications, and all actions to amend or terminate such, shall be heard, scheduled and noticed in accordance with the provisions of Section 20.23.140 (Public Notices and Hearings).

E.

Investigation. The director of community development shall investigate the facts bearing on the application, and compile the information necessary for action on the application, consistent with this zoning code and the general plan.

F.

Review and Action.

1.

An administrative approval application shall be reviewed by the director of community development, whom shall then approve, conditionally approve or deny such permit.

2.

An administrative approval application shall be acted upon within forty-five days following determination that such application is complete. The decision of the director of community development shall be final and conclusive in the absence of a timely filed appeal to the city planning commission.

G.

Findings. In reviewing an administrative approval application, the director of community development shall consider the following:

1.

The proposed project is permitted within the subject zoning district and complies with all applicable provisions of this Zoning Code, including prescribed use and development standards, and design guidelines;

2.

The subject site is physically suitable, including, but not limited to, parcel size, shape, access and availability of utilities, for the type and intensity of project being proposed;

3.

The proposed project is compatible with those on abutting properties and in the surrounding neighborhood;

4.

The proposed location, size and operating characteristics of the proposed project will not be detrimental to the public interest, health, safety or general welfare;

5.

The proposed project would not have a significant adverse impact on the environment; and

6.

The minimum safeguards necessary to protect the public health, safety and general welfare have been required of the proposed project.

H.

Expiration.

1.

Project approval shall expire one year from the date of approval, unless building permits have been issued or the approved use has commenced, as applicable.

2.

Should the use for which an administrative approval is granted cease to exist or is suspended for one hundred eighty or more consecutive days, such approval shall be deemed null and void.

3.

The expiration date for project approval may be extended upon written request by the applicant to the director of community development on a city application form. Such a request shall be made at least thirty days prior to the project expiration date.

(Ord. 2010-05, § 1(exh. A), 2010; Ord. 2011-06, §§ 35, 36, 2011; Ord. 2013-003, §§ 45, 46, 2013; Ord. 2017-009, §§ 32—34, 2017; Ord. 2019-013, §§ 35—38, 2019; Ord. 2021-001, § 19, 2021; Ord. 2022-010, § 13, 7-19-2022.)

A.

Purpose and Intent. The purpose of the preliminary review process is to provide an introductory review that allows the city to analyze a project at a conceptual level. The purpose of the review is to identify major issues regarding land use, building configuration, driveway locations, overall site design, and environmental impacts.

B.

Applicability.

1.

A preliminary review may be submitted for any development proposals prior to the formal submittal of an application.

2.

A preliminary review shall be required for all projects that involve a density bonus and/or other incentives as identified in Chapter 20.14.

C.

Application and Filing. An application for a preliminary review may be initiated by the city or by an interested party in accordance with the provisions of section 20.23.030 (Applications and Fees) of this chapter.

D.

Review. Within ninety days following receipt of a preliminary review application, the director of community development shall respond to the applicant in writing, providing comments on the proposal, suggestions on how to improve the proposal, consistency with general plan and zoning regulations, potential special studies that may be required, and a description of all necessary land use applications that must be filed with the city.

(Ord. 2010-05, § 1(exh. A), 2010.)

A.

Purpose and Intent. The purpose of these provisions is to prescribe specific procedures and requirements for the scheduling, noticing and hearing of each of the various classifications of land use and development applications, or any other matters pertaining to this Zoning Code.

B.

Applicability. An application for a permit, permit modification, amendment, change, revision, extension, or any other matters pertaining to this Zoning Code, shall be scheduled, noticed and heard in accordance with the provisions of this section.

C.

Notice of hearing.

1.

Minimum notification procedures. Public notice and hearing shall be provided in the manner prescribed by Table 20.23-2 (Minimum Public Notice and Hearing Requirements).

TABLE 20.23-2 MINIMUM PUBLIC NOTICE AND HEARING REQUIREMENTS

2.

A public notice shall be published one time in a newspaper of general circulation within the city, at least ten days prior to the scheduled hearing.

3.

At least ten days prior to the scheduled hearing, notice shall be provided in each of the following ways:

a.

Notice shall be mailed or delivered to the owner of the property that is the subject of the hearing or the owner's duly authorized agent, and to the project applicant.

b.

Notice shall be mailed or delivered to each local agency expected to provide water, sewer, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be affected.

c.

Notice shall be mailed or delivered to all owners of real property shown on the latest equalized assessment roll within a three hundred-foot radius of the property that is the subject of the hearing. In lieu of utilizing the assessment roll, the city may utilize records of the county assessor or tax collector that contain more recent information than the assessment roll. If the number of owners to whom the notice would be mailed or delivered pursuant to this subsection is greater than one thousand, the city may provide notice by placing a display advertisement of at least one-eighth page in a minimum of one newspaper of general circulation within the city, at least ten days prior to the hearing.

d.

The three hundred-foot radius is a minimum requirement and may be expanded if deemed necessary by the director of community development.

e.

Where it is anticipated that the subject of a hearing may result in opposition or controversy within a neighborhood, the director of community development may require the project applicant to provide notification to all renters and lessors of property within a three hundred-foot radius of the property that is the subject of the hearing.

4.

At least ten days prior to action on the application, notice shall be provided in each of the following ways:

a.

Notice shall be mailed or delivered to the owner of the property that is the subject of the hearing or the owner's duly authorized agent, and to the project applicant; and

b.

Notice shall be mailed or delivered to all owners of real property shown on the latest equalized assessment roll adjacent to the property that is the subject of the hearing. In lieu of utilizing the assessment roll, the city may utilize records of the county assessor or tax collector that contain more recent information than the assessment roll. For the purpose of these provisions, "adjacent" means any lot that touches the property line of the subject site or is located across the street.

D.

Additional notification. In addition to the noticing required by Table 20.23-2 (Minimum Public Notice and Hearing Requirements), notice of a hearing may be given in any other manner deemed necessary by the director of community development.

1.

For applications on a lot or lots combined to be greater than five acres, within six hundred feet of a residentially zoned property, the applicant shall install a sign on the subject property as follows:

a.

The sign shall be installed on all property lines directly adjacent to a public right-of-way.

b.

The sign shall be a minimum of four feet in height by eight feet in length and shall include the following:

i.

The developers name and contact information;

ii.

Name of project and file number;

iii.

Brief description of project; and

iv.

City contact name and phone number.

c.

The sign shall be easily readable from a distance of sixty feet.

d.

The sign shall be removed within seven days of the final decision of the hearing body.

E.

Notice content. At a minimum, a public notice shall include the following information:

1.

The date, time, address and location of the meeting or public hearing;

2.

The identity of the hearing body or officer holding the meeting or hearing;

3.

A general description of the proposed project;

4.

The environmental determination;

5.

The name, title and telephone number of a staff contact person;

6.

The location and hours that the case file can be reviewed;

7.

The project name and case number;

8.

The project applicant's name;

9.

A general description of project location, including streets and intersections;

10.

A vicinity map showing the project location;

11.

A statement that anyone interested in the project, and anyone who has questions or comments on the project, is invited to attend the public meeting or hearing, to appear and be heard on the request or proposal; and

12.

The following concluding statement: "If you challenge the (nature of the action) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the city prior to the public hearing".

F.

Request for notification. A notice shall be mailed or delivered, at least ten days prior to the scheduled hearing, to all persons who have filed a written request for notice with the city clerk. At the time of such request, the person shall deposit such sum requested by the city clerk to cover the city's actual cost thereof, as determined by the city clerk.

G.

Failure to receive notice. The failure of any person or entity to receive public notice given pursuant to this Zoning Code shall not constitute grounds for any court to invalidate the action for which the notice was given.

H.

Public hearing procedures.

1.

At any public hearing held pursuant to the provisions of this Zoning Code, the planning commission or city council shall hear the applicant, appellant, any interested persons, and any staff member. The planning commission or city council may preclude the introduction of any irrelevant evidence and may restrict any person's oral presentation to ten minutes. However, the planning commission or city council shall receive any person's written statement.

2.

In the event that any member of the planning commission or city council has obtained evidence outside of the hearing, such information shall be placed into the record. Thereafter, the applicant, appellant, or any interested person may rebut such information and shall be entitled to a continuance for that purpose. However, no person may examine a member of the planning commission or city council.

3.

Any action or decision of the planning commission or city council shall require a majority vote of its members. An abstention by any member who is present at the hearing and has heard all presented evidence, shall constitute an affirmative vote on any motion regarding the application or appeal.

4.

When an action or decision of the planning commission is contested, and a request is made in writing prior to the date of the hearing, the director of community development shall insure that a record of any such hearing shall be made and duly preserved, provided that a deposit is made prior to the hearing, and that the total cost thereof is made before said record is made available.

5.

Any public hearing conducted pursuant to this section may be continued from time to time. If such hearing is continued at the request of an applicant or appellant, such a continuance shall constitute a waiver of any applicable time period in which to take action or render a decision.

6.

Any action or decision of the planning commission shall be final and conclusive, unless appealed to the city council pursuant to the provisions of section 20.23.150 (Appeals) of this chapter. Any action or decision of the city council shall be final and conclusive.

(Ord. 2010-05, § 1(exh. A), 2010; Ord. 2013-003, § 47, 2013.)

A.

Administrative actions or decisions.

1.

Any applicant or any interested person may appeal to the planning commission, any action or decision of the director of community development. An appeal request shall be filed in writing with the community development department, along with the appropriate fee as determined by resolution of the city council, within ten days following the action or decision. Such appeal shall include a statement identifying the specific action or decision which is being appealed, the specific grounds for the appeal, and the relief requested from the planning commission.

2.

Upon receipt of an appeal request, the director of community development shall prepare the record before the planning commission on the subject matter of the appeal, including reports, memos and meeting notes, and transmit same to the planning commission. The director of community development shall also prepare a written response to the appeal statement, containing a recommendation on the appeal, proposed findings to deny or support the appeal, along with any appropriate conditions. The response shall be made available to the appellant at least seventy-two hours prior to the appeal hearing before the planning commission.

3.

Upon receipt of an appeal request, the planning commission shall set the matter for hearing. The hearing shall be held within sixty days following the filing of the appeal request or the next regularly scheduled planning commission meeting thereafter.

4.

Within thirty days following the conclusion of the hearing, the planning commission shall render its decision on the appeal. The planning commission may deny the appeal, or may grant the appeal in whole or in part. The decision shall include all required findings of fact.

5.

Regardless of the appellant, the burden of demonstrating that a project satisfies all applicable standards and criteria as required by this Zoning Code shall lie with the project applicant.

B.

Planning commission actions or decisions.

1.

Any applicant or any interested person may appeal to the city council, any action or decision of the planning commission. An appeal request shall be filed in writing with the community development department, along with the appropriate fee as determined by resolution of the city council, within ten days following the planning commission action or decision. Such appeal shall include a statement identifying the specific action or decision of the planning commission that is being appealed, the specific grounds for the appeal, and the relief requested from the city council. The appeal statement shall be limited to those matters raised during the public hearing before the planning commission. The city council may not consider any matter that is not raised during the public hearing before the planning commission and contained in the appeal statement.

2.

Upon receipt of an appeal request, the director of community development shall prepare the record before the planning commission on the subject matter of the appeal, including staff reports and planning commission meeting minutes, and transmit same to the city council. The director of community development shall also prepare a written response to the appeal statement, containing a recommendation on the appeal and proposed findings to deny or support the appeal, along with any appropriate conditions. The response shall be made available to the appellant at least seventy-two hours prior to the appeal hearing before the city council.

3.

A verbatim transcript of the public hearing before the planning commission on the subject matter of the appeal shall be provided if the appellant so requests. The cost of its preparation shall be deposited with the city within five days following the receipt of the appeal request.

4.

Upon receipt of an appeal request, the city council shall set the matter for hearing. The hearing shall be held within sixty days following the filing of the appeal request or the next regularly scheduled city council meeting thereafter.

5.

Within forty-five days following the conclusion of the hearing, the city council shall render its decision on the appeal. The city council may deny the appeal, or may grant the appeal in whole or in part, along with any conditions it deems necessary to protect the public health, safety and general welfare. The decision shall include all required findings of fact.

6.

Regardless of the appellant, the burden of demonstrating that a project satisfies all applicable standards and criteria as required by this Zoning Code shall lie with the project applicant.

(Ord. 2010-05, § 1(exh. A), 2010; Ord. 2023-001, §§ 8, 9, 2023.)

A.

Planning commission or city council review.

1.

The commission may call for a review of any determination or decision made by the director of community development or department staff.

2.

The city council may call for a review of any determination or decision made by the planning commission, the director of community development, or department staff.

3.

A call for review may only be initiated by the affirmative vote of the majority of the members present of the applicable review authority.

B.

Process for calling for a review.

1.

Initiation by planning commissioners. One or more commissioners may initiate a call for review of a director of community development or department staff determination or decision by filing a written request with the department within ten days following the date of the determination or decision.

2.

Initiation by city council members. One or more city council members may initiate a call for review of a planning commission, director of community development, or department staff determination or decision by filing a written request with the secretary of the planning commission within ten days following the date of the determination or decision.

C.

Consideration of call for review. The commission or council, as applicable, shall consider the call for review at its next regularly scheduled meeting.

D.

Vote by review authority. If the commission or council, as applicable, votes to review the determination or decision, a subsequent review hearing must be scheduled to consider the merits of the review.

E.

Notice to applicant. At the time the review authority votes to initiate the review, the applicant shall be informed of the aspects of the application and the determination or decision that the review authority will consider.

F.

Effect of call for review.

1.

A request for a call for review by a member of a review authority must stay the effective date of a determination or decision until the review authority can make a decision on the call for review request.

2.

The timely filing of a call for review does not extend the time in which an appeal of a determination or decision shall be filed; the normal appeal period will continue to run.

3.

If the review authority decides to call for review the subject determination or decision, then the previous determination or decision will be suspended and be of no further effect.

4.

If the review authority decides not to call for review the subject determination or decision, then the determination or decision will become final when the appeal period expires.

G.

Filing of an appeal pending a call for review.

1.

An eligible person affected by a determination or decision may file a timely appeal in compliance with this article even though a call for review has been filed in compliance with this section.

2.

The filing of the appeal shall serve to protect the rights of the appellant(s) in the event the call for review is subsequently withdrawn or overturned.

3.

Withdrawal or failure of a call for review. If a request for a call for review is withdrawn after filing, or fails, the remaining days of the call for review period will start from the date on which the call for review is withdrawn or fails.

H.

Notice and public hearing.

1.

A call for review hearing must be a public hearing only if the original determination or decision required a public hearing.

2.

Notice of the public hearing must be the same as the original determination or decision, and the hearing must be conducted, in compliance with section 20.23.140 (Public Notice and Hearings).

(Ord. 2010-05, § 1(exh. A), 2010.)

A.

The planning commission and city council shall have jurisdiction to modify or delete conditions of approval imposed upon any new or existing site approval, special conditional use permit, tentative tract or parcel map, variance, or any modification thereto, granted in accordance with the provisions of this Zoning Code, in the following manner:

1.

A proceeding to consider modification or deletion of such conditions of approval may be commenced by written application by a permittee, or by direction of the director of community development. The planning commission or city council shall conduct a noticed public hearing, pursuant to the provisions of section 20.23.140 (Public Notice and Hearings), on such modification proceedings to determine whether any condition of approval should be added, deleted or modified as follows:

a.

Upon institution of a proceeding seeking to add, modify or delete a condition of approval by the director of community development, the director shall prepare and take action to deliver to the permittee, at least sixty days prior to the public hearing, a written statement setting forth the factual basis of the proposed addition, deletion or modification of a condition of approval, together with the notice of the time, date and place of the hearing.

b.

The holder of a permit, permit modification or development entitlement may initiate the modification proceeding to add, delete or modify a condition of approval imposed upon such, by filing a written application with the director of community development, which application shall identify the property subject to the permit, permit modification or development entitlement, and the conditions of approval sought to be added, deleted or modified. In addition, the application shall contain a factual basis in support of the proposed addition, deletion or modification. Upon receipt of the application, the director of community development shall set a hearing thereon before the planning commission within sixty days of receipt of the application. Prior to the hearing on the application, the director of community development shall investigate the basis of the application and submit a written report thereon, together with recommendations to the planning commission or city council, and the applicant within seventy-two hours prior to the public hearing.

2.

No addition, modification or deletion of any condition of approval shall be granted unless the planning commission or city council determines that such addition, deletion or modification is necessary to protect the public peace, health, safety and welfare, or that such action is necessary to permit reasonable operation under the permit, permit modification or development entitlement previously granted.

3.

The decision of the planning commission to modify a permit, permit modification or development entitlement shall be final and conclusive in the absence of a timely filed appeal to the city council. Any appeal of a planning commission action shall be subject to the provisions of Section 20.23.150 (Appeals) of this chapter.

(Ord. 2010-05, § 1(exh. A), 2010.)

A.

Development and land use entitlements. The planning commission and city council shall have jurisdiction to revoke any new or existing site approval, special conditional use permit, tentative tract or parcel map, variance, or any other development or land use entitlement, or any modification thereto, granted in accordance with the provisions of this Zoning Code, in the following manner:

1.

Upon recommendation of the director of community development, the planning commission shall conduct a noticed public hearing, pursuant to the provisions of Section 20.23.140 (Public Notice and Hearing), to determine whether the subject permit, permit modification or development entitlement should be revoked. The director of community development shall prepare and deliver to the permittee, a written statement setting forth the factual basis for the proposed revocation, at least ten days prior to the hearing.

2.

A permit, permit modification or development entitlement may be revoked by the planning commission or city council based upon any one or more of the following grounds:

a.

The approval was obtained by fraud;

b.

The permit, permit modification or development entitlement granted is not being exercised;

c.

The use for which such approval was granted has ceased to exist or has been suspended for one hundred eighty days or more;

d.

The permit, permit modification or development entitlement granted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation;

e.

The permit, permit modification or development entitlement for which the approval was granted was so exercised as to be detrimental to the public peace, health, safety, welfare, or so as to constitute a nuisance; or

f.

The permit, permit modification or development entitlement was granted in error as the result of inaccurate information provided by the applicant, or mistaken assumptions by staff, or failure by staff to follow a procedure established either in this Code or in departmental policy.

3.

The decision of the planning commission to revoke a permit, permit modification or development entitlement shall be final and conclusive in the absence of a timely filed appeal to the city council. Any appeal of a planning commission action shall be subject to the provisions of section 20.23.150 (Appeals) of this chapter.

B.

Administrative actions. The director of community development shall have jurisdiction to revoke any new or existing administrative approval, as defined in section 20.23.120 (Administrative Approval), or any modification thereto, granted in accordance with the provisions of this Zoning Code, in the following manner:

1.

The director of community development shall conduct a hearing to determine whether the permit, permit modification or development entitlement should be revoked. The director of community development shall prepare and deliver to the permittee, a written statement setting forth the factual basis for the proposed revocation, at least ten days prior to the hearing.

2.

A permit, permit modification or development entitlement may be revoked by the director of community development based upon any one or more of the following grounds:

a.

The approval was obtained by fraud;

b.

The permit, permit modification or development entitlement granted is not being exercised;

c.

The permit, permit modification or development entitlement granted is being, or has been, exercised contrary to the terms or conditions of such approval, or in violation of ant statute, ordinance, law or regulation;

d.

The permit, permit modification or development entitlement for which the approval was granted was so exercised as to be detrimental to the public peace, health, safety, welfare, or so as to constitute a nuisance to the extreme annoyance of surrounding businesses or residents; or

e.

The permit, permit modification or development entitlement was granted in error as the result of inaccurate information provided by the applicant, or mistaken assumptions by staff, or failure by staff to follow a procedure established either in this Code or in departmental policy.

3.

The decision of the director of community development to revoke a permit, permit modification or development entitlement shall be final and conclusive in the absence of a timely filed appeal. Any appeal of an administrative action shall be subject to the provisions of section 20.23.140 (Public Notice and Hearings).

(Ord. 2010-05, § 1(exh. A), 2010.)

A.

Hazardous waste facilities. In addition to the requirements for a special conditional use permit, an request for approval of a hazardous waste facility shall be reviewed and processed in accordance with the following procedures:

1.

Pre-application procedures.

a.

At least ninety days prior to filing an application with the city for a land use decision relative to a hazardous waste facility, the proponent shall file a notice of intent to make an application with the State of California Office of Permit Assistance (OPA), the City of Chino, and the County of San Bernardino. The notice of intent shall specify the proposed location and include a complete description of the nature, function and scope of the project.

b.

Upon receipt of a notice of intent, the city shall provide notice in each of the following ways:

i.

Notice shall be published, at least one time, in a newspaper of general circulation in the area affected by the proposed project;

ii.

Notice shall be posted on the property upon which the facility is proposed;

iii.

Notice shall be mailed or delivered to the owner of the property that is the subject of the hearing or the owner's duly authorized agent, and to the project applicant; and

iv.

Notice shall be mailed or delivered to all owners of real property shown on the latest equalized assessment roll within a three hundred-foot radius of the property that is the subject of the hearing. In lieu of utilizing the assessment roll, the city may utilize records of the county assessor or tax collector that contain more recent information than the assessment roll.

c.

The notice of intent filed with the city shall be accompanied by the appropriate fee adopted by the city. A notice of intent is not transferable to another location, and shall remain in effect for one year from the date it is filed with the city, or until it is withdrawn by the proponent, whichever occurs first.

d.

Within ninety days following the filing of a notice of intent with OPA, OPA shall convene a pre-application meeting in the city to inform the public of the nature, function and scope of the proposed hazardous waste facility, and the procedures required for approving an application for the facility.

2.

Local assessment committee.

a.

Any time after the notice of intent is filed with the city, but no later than thirty days after the application for the land use decision is accepted as complete, the city council shall appoint a seven-member local assessment committee (LAC) for the purpose of advising the city in considering an application for a land use decision on the proposed hazardous waste facility.

b.

LAC membership shall broadly reflect the makeup of the community, and shall include three representatives of the community at large, two representatives from environmental or public interest groups and two representatives from affected businesses and industries. Members of the LAC shall have no direct financial interest (as defined in Government Code section 87103) in the proposed facility.

c.

The LAC shall, as its primary function, advise the planning commission of the terms and conditions under which the proposed hazardous waste facility may be acceptable to the community. In carrying out this function, the LAC shall:

i.

Enter into a dialogue with the project proponent to determine the measures that should be taken by the proponent in connection with the operation of the proposed facility to protect the public health, safety and welfare, and the environment of the city, as well as the special benefits and remuneration the proponent will provide to the city as compensation for the local costs associated with the operation of the facility;

ii.

Represent the interests of the residents of the city and the interests of adjacent communities in meetings with the project proponent;

iii.

Receive and expand any technical assistance grants available pursuant to Subsection A.4. (Technical Assistance Grants) of this section;

iv.

Adopt rules and procedures which are necessary to perform the duties of the LAC; and

v.

Advise the planning commission of the terms, provisions and conditions for project approval which have been agreed upon by the LAC and the project proponent, and of any additional information which the LAC deems appropriate.

d.

The city council may use the findings and recommendations of the LAC for its independent consideration of the project and shall provide staff resources to assist the LAC in performing its duties.

e.

A LAC established pursuant to this section shall cease to exist after final administrative action by the state and the city have been taken on the application for which the LAC was formed.

f.

Following completion of all pre-application procedures specified herein, the project proponent may submit a special conditional use permit application for a land use decision with the city. Within thirty days of receipt of the application, a determination must be made as to the completeness of the application. Within ten days following the acceptance of the application as complete for processing, notification shall be sent to OPA that the proposed facility has been accepted as complete.

3.

Post-application procedures.

a.

Within sixty days an application being accepted as complete, OPA shall convene a post-application meeting involving lead and responsible agencies, the project proponent, the LAC and interested members of the public.

b.

The post-application meeting shall take place within the city. The purpose of this meeting will be to determine the issues that concern the agencies that are required to review the project and the issues that concern the public. The post-application meeting shall be held following the completion and availability of an initial study or notice of preparation for an environmental impact report (EIR) for public review and comment.

c.

It shall be the responsibility of OPA to work with the lead and responsible agencies, and the LAC to find a mutually acceptable place and time for the post application meeting. OPA shall then notify the lead and responsible agencies, the project proponent, and the LAC, by letter, of the date, time and place of the post-application meeting. It shall be the responsibility of the city to notify the public and any other local agencies of the meeting. The OPA procedure for conducting the post-application meeting shall follow a format similar to of the pre-application meeting. The agenda and procedures shall be provided by OPA.

d.

Completion of the post-application meeting, and the transmittal of any summary documents to the various agencies and interested parties, constitutes the termination of OPA's routine involvement under Health and Safety Code section 25199, et. seq.

e.

Following the post-application meeting, the project proponent and the LAC shall meet and confer on the proposed hazardous waste facility for the purpose of establishing the terms and conditions under which the facility will be acceptable to the community.

f.

If the LAC and project proponent cannot resolve any differences through the meetings, OPA may assist in the resolution pursuant to Health and Safety Code section 25199.4.

g.

Upon completion of the post-application procedures, a hazardous waste facility shall be processed in accordance with the provisions of section 20.23.080 (Special Conditional Use Permits).

4.

Technical assistance grants.

a.

If the LAC finds that it requires assistance and independent advice to adequately review a proposed hazardous waste facility, it may request technical assistance grants from the city to enable the committee to hire a consultant. The LAC may then use the funds made available to it to perform any, or all, of the following:

i.

Assist the LAC in reviewing and evaluating the application for the proposed facility, any environmental documents prepared for the project pursuant to the provisions of the California Environmental Quality Act (CEQA), and any other documents, materials and information which are required by the city in connection with the application for a land use decision; and/or

ii.

Advise the LAC in their discussions with the project proponent regarding the terms and conditions under which the proposed facility will be acceptable to the community.

b.

The proponent of the proposed hazardous waste facility shall pay to the city, a fee equal to the amount of any technical assistance grants. The local agency shall deposit such fee in an account created in the city treasury, maintain records of all expenditures from the account, and return any unused funds and accrued interest to the project proponent upon completion of review of the proposed facility.

5.

Appeal procedures.

a.

Any applicant or any interested person may appeal to the city council, any action or decision of the planning commission to the city council pursuant to the provisions of section 20.23.150 (Appeals).

b.

An action or decision of the city council may be appealed to the governor, or his/her designee, within thirty days following the city council action or decision.

c.

If an application for a land use decision on a hazardous waste facility is denied by the city before an EIR for the project is prepared and certified, or before a negative declaration for the project is adopted pursuant to the provisions of CEQA, the project proponent may file an appeal of the denial with the governor, or his/her designee.

d.

If a special conditional use permit for a hazardous waste facility is approved by the city, the project proponent may file an appeal of the conditions of approval imposed on the facility with the governor, or his/her designee. Said appeal shall specify the particular condition(s) imposed by the city that is the subject of the appeal. The appeal shall be based solely upon the grounds that the condition(s) imposed on the operation of the facility by the city are so onerous and restrictive, that their imposition is the same as a denial of the proposed facility.

e.

If a special conditional use permit for a hazardous waste facility is approved by the city, any interested person(s) may file an appeal of the approval with the governor, or his/her designee. Said appeal shall state why the condition(s) imposed on the facility do not adequately protect the public health, safety or welfare, and shall specify additional conditions which are necessary to provide such protection. The appeal may be based solely upon the grounds that the condition(s) imposed upon the project by the city do not adequately protect the public health, safety or welfare.

(Ord. 2010-05, § 1(exh. A), 2010.)

A.

The director of community development shall have authority to modify the established zoning regulations for the purpose of allowing reasonable accommodation in conjunction with the Americans with Disabilities Act. Modifications from zoning standards shall only apply to additions or tenant improvements to existing buildings and shall be limited to the following areas:

1.

Additions or alterations required to retrofit an existing building to provide adequate disabled access may encroach into a required setback.

2.

The maximum lot coverage, floor area ratio, and/or landscape coverage may be deviated from if an addition or alteration to an existing building is required to provide disabled access.

(Ord. 2010-05, § 1(exh. A), 2010.)

A.

Purpose and intent. The purpose of the construction management plan is to coordinate and address construction activities that may impact adjacent residents or businesses.

B.

Applicability. The construction management plan policy shall be applied to new construction or an existing development requiring administrative or planning commission approval within the city at the discretion of the director of community development.

C.

Policy. At the discretion of the director of community development, prior to the issuance of building permits, the applicant shall prepare a construction management plan to the satisfaction of the director of community development. The plan shall coordinate and address construction activities that may impact residents or businesses. Elements of the plan shall contain, but not be limited to, the following items:

1.

A traffic plan that includes mitigation measures to minimize impacts with adjacent residents and occupants as well as information regarding the delivery and routing of construction equipment and materials, the location of the vehicle and equipment staging area, and traffic control and coordination;

2.

Hours of operation;

3.

The location of all construction offices and temporary trailers;

4.

A phasing plan;

5.

Dust control measures;

6.

Vector control measures;

7.

Preconstruction meetings;

8.

Contractor/subcontractor acknowledgement, obligations and penalties;

9.

Security and interim fencing;

10.

Signs posted on the site that meet the notification requirements of Subsection 20.03.110D., and include a contact telephone number for both the city and the contractor, the project number, developer, contractor, and addresses for the developer and contractor;

11.

Building and landscape phasing. This plan shall show which buildings and landscaping will be completed in which phases, and how each completed phase will be closed off from phases under construction so as to minimize conflict between construction vehicles and pedestrian and vehicular traffic in the center.

(Ord. 2010-05, § 1(exh. A), 2010.)

An approved project shall be established only as approved by the review authority except when changes to the project are approved in compliance with this section.

A.

Request for a change.

1.

An applicant shall request desired changes in writing, and shall also submit appropriate supporting materials and an explanation of the reasons for the request.

2.

Changes shall be approved before implementation of the changes, and may be requested either before or after construction or establishment and operation of the approved use.

B.

Notice and hearing. If the matter originally required a noticed public hearing, the review authority shall hold a public hearing, except for the minor changes outlined below (see Subsection C.), and shall give notice, in compliance with section 20.23.140 (Public Notice and Hearings).

C.

Minor changes by director. The director of community development may authorize minor changes to an approved project if the changes:

1.

Are consistent with all applicable requirements of this Zoning Code;

2.

Are consistent with the spirit and intent of the original approval;

3.

Do not involve a feature of the project that was a basis for findings in a negative declaration, mitigated negative declaration, or environmental impact report for the project;

4.

Do not involve a feature of the project that was a basis for conditions of approval for the project;

5.

Do not involve a feature of the project that was a specific consideration by the review authority in granting the approval; and

6.

Do not involve any expansion or intensification of the use or structure.

(Ord. 2010-05, § 1(exh. A), 2010.)

A.

Purpose and intent. The purpose of these provisions is to prescribe procedures for the enforcement of the provisions of this title and any entitlement thereunder.

B.

Applicability.

1.

The planning commission shall have jurisdiction of, and be responsible for, the administration of the regulations and provisions of this Zoning Code. It shall have the power to exercise this jurisdiction as hereafter provided, and shall have the authority to act in its administrative capacity on: variances, conditional use permits, site approvals, adjustments, and interpretations of this Zoning Code.

2.

In exercising its jurisdiction, the planning commission shall adopt from time to time, such general rules and regulations relating to its procedure, as may be deemed necessary.

C.

Enforcement—Remedies.

1.

It shall be the duty of the director of community development and all officers of the city otherwise charged with the enforcement of the law, to enforce the provisions of this Zoning Code.

2.

The city attorney, at the direction of the city council, planning commission or director of community development, is authorized to institute any legal proceedings necessary to enforce the provisions of this Zoning Code, including the initiation of an injunction to restrain, or any other such action or proceedings to enforce such provisions.

3.

All remedies concerning this Zoning Code shall be cumulative and not exclusive. The conviction and punishment of any person(s) hereunder shall not relieve such person(s) from the responsibility of correcting prohibited conditions or removing prohibited structures or improvements, and shall not prevent the enforced correction or removal thereof.

4.

Any construction in violation of this Zoning Code, or any condition(s) imposed on a permit, license or other entitlement, shall be subject to the issuance of a "stop work order".

D.

Penalties.

1.

Infraction.

a.

Any person, firm or corporation violating any of the provisions of this Zoning Code shall be guilty of an infraction, and upon conviction thereof, shall be punishable by a fine as established by Chino Municipal Code Subsection 1.12.010B. However, such fines and penalties shall not be deemed exclusive. When applicable, the city shall have the right to enforce the provisions of this Zoning Code by civil process, including injunction and all other civil remedies.

b.

Every day any violation of this Zoning Code continues shall constitute a separate offense.

2.

Misdemeanor. In alternative to the provisions of Subsection 1. (Infraction) of this section, at the city's discretion, any person, firm or corporation violating any of the provisions of this Zoning Code may be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine not to exceed one thousand dollars, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.

E.

Enforcement fees. The city may impose fees on complainants to cover the full costs incurred by the city for the monitoring and enforcement of the requirements of this Zoning Code, as well as those conditions and mitigation measures imposed on an approved permit, license or other such entitlement.

(Ord. 2010-05, § 1(exh. A), 2010.)