A.

The City Council. The Council Shall adopt zoning regulations as stated in this title; approve any changes to the Zoning Map; consider Appeals of Commission Decisions; and perform such other duties as are required by state Law.

B.

The Planning Commission. The Commission Shall review, advise the Council on, and administer regulations of, this title; grant or deny Conditional Use Permits and Variances; and perform such other duties as are required by the Council and/or state Law.

C.

The Development Services Department. The Department Shall advise the Council, and Planning Commission on Matters concerning zoning regulations; Shall maintain records of all Matters relating to administration of zoning regulations; Shall advise the public of the provisions hereof; and Shall review Building Permits and Business Occupancy Permits as to the provisions of this title. The Department May also approve Minor modifications to a Development plan Approved by the Commission and/or Council.

D.

The Department of Public Works.

1.

The Director of Public Works, or his or her Designee(s), Shall determine whether a public works Project is exempt from environmental review, pursuant to CEQA and the City's CEQA guidelines.

i.

Where the Project is exempt, the Director of Public Works, or his or her Designee(s), Shall make such findings and file all required forms.

ii.

Where the Project is not exempt, the Director of Public Works, or his or her Designee(s), Shall determine which, if any, document(s) need to be prepared under the provisions of CEQA and the City's Local CEQA guidelines and Shall recommend to the City Council the appropriate environmental document in accordance with the City's Local CEQA guidelines.

2.

The environmental determination of the Director of Public Works, or his or her Designee, regarding public works Projects Shall, if required, be subject to the Approval of and/or Appeal to the City Council only.

(Ord. 0-12-06 § 1, 2006: Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

(Ord. No. O-03-14, § 8, 3-4-2014)

A.

No Building erected, moved, enlarged or altered Shall be occupied, Used, or changed in Use or ownership until a Business Occupancy Permit has been issued by the Department. Such Business Occupancy Permit Shall be applied for coincidentally with the Application for a Building Permit and Shall be issued only after such Building, erection, enlargement or Alteration has been completed in conformity with the provisions of this title and when the proposed Use conforms thereto. Any Use legally occupying an existing Building at the time the Ordinance codified in this title became effective May be continued but Shall not be changed unless a Business Occupancy Permit for the new Use Shall have been issued by the Department, after finding that such Use conforms with the provisions of this and other applicable chapters and Ordinances.

B.

The conformity to the Property Development standards of this title May include the provisions of required Walls, Landscaping, parking, trash Enclosures, Street Improvements, aesthetic Improvements and all other Improvements determined by the Community Development Department to be necessary or required by any regulating Ordinance for the particular Use.

C.

A Business Occupancy Permit Shall also be applied for before any Vacant land is hereafter Used or before an existing Use of Vacant land is changed. The Director Shall issue such Permits, provided such Use is in conformity with the provisions of this title. No Business Occupancy Permit Shall be required where the land is to be Used for tilling the soil and growing thereon farm, garden or orchard products.

D.

The Business Occupancy Permit Shall state that the Building or proposed Use of a Building or land complies with all the Laws and Ordinances and with the provision of this title. A record of all Permits Shall be kept on file in the Department and copies Shall be furnished on request to any Person having a proprietary or Tenancy interest in the Building or land affected.

(Ord. 0-6-94 § 1, 1994; Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

A.

Authority.

1.

The Director is authorized to review, approve, deny or conditionally approve all Development Applications as further described in this section.

2.

The Director Shall be assisted in his/her decisions by an Application Review Committee ("Committee") and May appoint members to the Committee to assist him/her in carrying out the Application review procedures outlined in this section.

3.

The Director May receive recommendations from the Committee on all Projects described in this section.

4.

The Director May have regularly scheduled meetings of the Committee and May call special meetings at his/her convenience or as the situation May warrant.

B.

Intent and purpose. The City finds that an administrative Application review process will support the implementation of the General Plan and Zoning Code by ensuring compliance with all purposes, objectives, policies and standards in an efficient and objective manner.

C.

Powers. Notwithstanding other provisions of this Code, the Director is granted power to receive, administratively hear and determine Applications and collect a fee in accordance with the most current adopted fee schedule on the Following Matters only:

1.

Minor deviations. The Director Shall have the power to hear and approve, conditionally approve or deny minor deviations from the provisions of the zoning regulations in the limited situations enumerated below:

a.

An increase of up to ten percent of Floor Area Ratio or lot coverage over the maximum allowed;

b.

A ten percent maximum reduction on the front Setback, two feet maximum reduction on the side Setback, twenty percent maximum reduction on the rear Setback, and twenty percent maximum reduction on the separation between Buildings;

c.

Width reduction not exceeding two feet of the amount prescribed for paved vehicular Access;

d.

A maximum of five percent reduction of the minimum Floor Area for Dwelling Units;

e.

A maximum height increase of two feet for Fences, Hedges and Walls;

f.

Allowance for the Use of common Recreation Space as a substitute for private Recreation Space;

g.

Area, width and Setback reductions up to ten percent of the amount prescribed for automobile service stations;

h.

Reduction of up to ten percent of the amount of Parking Spaces required.

i.

Increase of up to ten percent of the maximum sign area, maximum height, or increase/reduction of ten percent in maximum/minimum letter height for Building attached or freestanding signs.

j.

Modify front yard paving and landscaping requirements within the R-1 Zone for properties with no available on-street parking within sixty (60) feet of property line.

2.

Minor Subdivisions. Where basic criteria for a Minor Subdivision are met as prescribed by Section 16.20.020 of this Code, the Director Shall have the power to recommend Approval, conditional Approval or disapproval to the Public Works Director of any proposed Minor Subdivision in the Following limited situations and provided no Variances are required:

a.

Realignment of Lot Lines, where the Minor Subdivision Application consists of the realignment of existing Lot Lines;

b.

Where the Application for the Minor Subdivision consists of an Application to split off a portion of the Lot (or to acquire a portion of another Lot) not to exceed twenty-five percent of the Lot of the Applicant involved;

c.

Where the Application consists of division into not more than four Parcels.

3.

Architectural and Site Plan Review. The Director Shall review, and approve, deny or conditionally approve Architectural and Site Plan Review for Projects which do not exceed fifteen thousand square feet of gross floor area. The Director Shall only make recommendations on Projects of larger size and the Planning Commission Shall have the authority to approve, deny or conditionally approve Architectural and Site Plan Review for all such proposed Projects in the City that exceed fifteen thousand square feet of gross floor area. Only plans for the Development of a Single-Family detached Dwelling including accessory Buildings, and additions or Alterations to existing Structures, fences, hedges and walls which do not change the external appearance nor increase the intensification of Use of the Structure, Shall be exempt from Architectural and Site Plan Review. The Director and/or the Planning Commission Shall approve or conditionally approve Architectural and Site Plan Review , except where they make one or more of the Following findings:

a.

The provisions for vehicular parking and for vehicular and Pedestrian circulation on the site, and onto adjacent public Right-of-Way will create safety hazards;

b.

The bulk, location and height proposed will be detrimental or injurious to other Development in the neighborhood or will result in the loss of or damage to unique natural or topographic features of the site that are important to the environmental quality of life for the citizens of Colton, and the Project is feasible in a manner that will avoid such detrimental or injurious results or such loss or damage;

c.

The provisions for on-site Landscaping do not provide adequate protection to neighboring Properties from detrimental features of the proposed Project that could be avoided by adequate Landscaping;

d.

The provisions for exterior lighting are either inadequate for human safety or will diminish the value and/or usability of adjacent Property;

e.

The exterior design of the Buildings and Structures will be injurious or detrimental to the environmental or historic features of the immediate neighborhood in which the proposed Project is located and will cause irreparable damage to Property in the neighborhood, to the City and to its citizens;

f.

The proposed Project will impose an undue burden upon Off-Site public services, including sewer, water and streets, which conclusion Shall be based upon a Written report of the City Engineer; and there is no provision in the capital works program of the City to correct the specific burden within a reasonable period after the Project will be completed.

4.

Signs. The Director Shall review Applications for all Signs within the City, recognizing that the height, size, shape, number, color, lighting and movement of any Sign Shall be proportional to the size and/or intensification of Use of any given Development. The Director Shall have the authority to approve, conditionally approve or deny those signs identified in Table 18.50-1 of this Title as being subject to Approval by the Director.

5.

Determination of appropriate environmental documents to be prepared pursuant to CEQA. Except as otherwise provided in Subsection D. herein, the Director Shall direct City staff regarding the appropriate document(s) to prepare on each proposed Project for Commission and/or Council review and certification pursuant to the California Environmental Quality Act (CEQA). Where the Project is deemed to be exempt from environmental review pursuant to CEQA Guidelines, the Director Shall make such findings and file all required forms.

6.

Approval of architectural and site plan review within a Specific Plan Area. In cases where all standards, criteria and guidelines specified by a specific plan are met, the Director Shall have the power to approve any Architectural and Site Plan Review.

7.

Unlisted Uses. The Director Shall make determinations whether a use not specifically listed in this Zoning Code is permitted, conditionally permitted or not permitted pursuant to Subsection 18.060.060 K.

D.

Environmental determination for public works projects. Notwithstanding any other provision in this title, the Director of Public Works, or his or her Designee(s), Shall determine the appropriate level of environmental review necessary for CEQA compliance. In the event a Project is not exempt from CEQA, the Director of Public Works Shall recommend to the City Council the appropriate environmental document in accordance with CEQA Guidelines. If required, the Decision of the Director of Public Works, and his or her Designee(s), Shall be subject to the Approval of and/or Appeal to the City Council only. The procedures for Appeal to the City Council Shall be the same as those set forth in Subsections F.2. and F.3. of this section, except that such Appeal Shall be in writing and delivered to the Director of Public Works and the City Clerk, rather than the Director.

E.

Decisions.

1.

All Decisions Shall be effective ten Days after the Director's Decision.

2.

In all cases, Written Notice of the Director's Decision Shall be mailed or personally delivered to the Applicant. If personally delivered, the Written Notice Shall be deemed received by the Applicant upon personal delivery. If mailed, the Written Notice Shall be deemed received by the Applicant three calendar days following deposit in the mail.

F.

Appeals and Discretion to decline jurisdiction.

1.

Notwithstanding any provisions giving the Director the power and the authority to hear and determine the foregoing Matters, the Director May, at his/her discretion, decline to hear or determine the Matter and instead May refer it to the Commission.

2.

Any Applicant not satisfied with a determination by the Director Shall have the right to Appeal to the Planning Commission. Such Appeal Shall be made in writing and delivered to the Office of the Director within ten calendar Days after the Applicant's receipt of notification of the Director's Decision. A Fee Shall be paid as established by City Council Resolution.

3.

In the event of an Appeal as provided in Subsection F.1. or F.2. of this section, the action of the Director in the Matter Shall be suspended pending the Appeal. After a Decision by the Commission, Appeal Shall be to the Council. Such Appeal Shall be made in the same time and manner as the Appeal to the Commission, except that the Appeal Shall be Written and delivered to the City Clerk, rather than the Director.

G.

Filing Fee. With respect to Applications filed under the provisions of Subsections C.1., C.2., C.4. and C.8. of this section, a Uniform Fee set by Council Resolution Shall be paid to the City upon the filing of each Application to cover the costs and expenses involved.

(Ord. 0-12-06 § 2, 2006: Ord. 0-16-05 § 10, 2005; Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

(Ord. No. O-03-14, § 8, 3-4-2014; Ord. No. O-11-20, § 14, 10-20-2020; Ord. No. O-01-21, § 12, 2-16-2021)

A.

Variances from the terms of this title Shall be granted only when, because of special circumstances applicable to the Property, including size, shape, topography, location or surroundings, the strict Application deprives such Property of privileges enjoyed by other Property in the vicinity and under identical zoning classification.

B.

Any Variance granted Shall be subject to such conditions as will assure that the adjustment thereby authorized Shall not constitute a grant of special privileges inconsistent with the limitations upon other Properties in the vicinity and zone in which such Property is situated.

C.

The Planning Commission, upon its own motion May, or upon the verified Application of any interested Person Shall, initiate proceedings for consideration of the granting of a Variance from the provision of this title.

D.

Application for Variances Shall be made to the Commission in writing, and Shall contain such information as May be specified by the Director. In cases where the Department considers the conditions set forth on the Application not within the scope of the Variance procedure, the Applicant Shall be so informed, whereupon, if the Application is accepted, it Shall be signed by the Applicant to the effect that he was informed.

E.

A Uniform Fee set by Council Shall be paid to the City upon filing of each Application.

F.

The Commission Shall hold one Public Hearing upon the Matters referred to in the Application. Additional hearings May be held at the discretion of the Commission. Within forty Days of said first hearing, the Commission Shall make a determination and report thereon, unless the Matter is continued for further investigation and study.

G.

Notice of Time and place of the hearing shall be given through the United States mail, with postage prepaid, to all persons shown on the last equalized assessment roll of the County, as owning property and tenants within a distance of six hundred sixty feet from the external boundaries of the property described in the application.

H.

In Addition, further Notice May be given by publication in a newspaper of general circulation in the City, or in such manner as May be deemed necessary or desirable.

I.

Any Variance granted Shall be subject to such conditions as deemed necessary and reasonable to protect the best interests of the surrounding Property or neighborhood, the General Plan, or the intent thereof. Such conditions May include the dedication and Development of Streets adjoining the Property, and other Improvements. All such conditions Shall be binding upon the Applicants, their successors and assigns.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

(Ord. No. O-03-14, § 9, 3-4-2014; Ord. No. O-05-16, § 3, 4-5-2016; Ord. No. O-11-20, § 15, 10-20-2020)

A.

Subject to the provisions of the state planning and zoning Law, proceedings to change zones and/or General Plan or specific plan Designations, or Uses within zones and/or Designations, to alter boundaries of zones and/or Designations, to impose regulations not heretofore imposed May be initiated and conducted in the Following manner:

1.

By motion of the Council on its own initiative;

2.

By action of the Commission on its own initiative, or the Owner(s) of record of the Parcel(s) of Property for which a change is sought, or by a purchaser thereof under a contrast in writing duly executed and acknowledged by both the Buyer and the seller, by a lessee in possession thereof with the Written consent of the Owner(s) or by the agent of any of the foregoing, duly authorized thereto in writing.

B.

Any Application for a change of zone and/or General Plan or specific plan Designation Shall contain such information as is requested by the Director. The accuracy of all information, maps and lists submitted Shall be the responsibility of the Applicant. The Department May reject any Application that does not supply the information requested.

C.

A Uniform Fee set by Council Resolution Shall be paid to the City upon the filing of each such Application.

D.

No Application (other than one initiated by the Commission or Council) Shall be accepted, for a change of zone and/or General Plan Designation, for Parcels of Property, or portions thereof, which have been included in an Application upon which final action has been taken by the Council within twelve Months prior to the date of said Application for the same or substantially the same change. If, however, a substantial change of circumstance is shown to have occurred since the previous unsuccessful Application and good cause is shown therefor, the Applicant May reapply after the final action on the prior Application, by applying to the Commission for Permission to file the subsequent Application for the change. A denial by the Commission of Permission to file a new Application May be Appealed.

E.

The Commission Shall hold one Public Hearing upon the Matters referred to in a petition for a zone change and/or General Plan amendment. Additional hearing May be held, at the discretion of the Commission. Within forty Days of the first hearing, the Commission Shall make a determination and a Written recommendation thereof to the Council, unless the Matter is continued for further investigation and study, in which event, the Commission Shall make a progress report to the Council at least once every forty Days. When such hearings, investigations and studies have been completed, the Commission Shall render its Decision in the form of a Written recommendation to the Council. The Council, after receipt of the recommendation, Shall hold one Public Hearing and May in its discretion hold additional hearings, after the completion of which it Shall either approve, modify or reject the same. Any Decision by the Council Shall be by majority vote of the entire membership of the Council.

F.

In considering any request for a change of zone, the Commission Shall satisfy itself that the Following conditions prevail before recommending to the Council that the change be granted:

1.

That the proposed change of zone is in conformity with the General Plan of the City;

2.

That there is a need in the community for more of the types of Uses Permitted by the zone;

3.

That the proposed change of zone would not adversely affect the surrounding area or the community in general.

G.

Notice of Time and place of the hearing shall be given through the United States mail, with postage prepaid, to all persons shown on the last equalized assessment roll of the County, as owning property and tenants within a distance of six hundred sixty feet from the external boundaries of the property described in the application.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992; Ord. No. O-11-20, § 16, 10-20-2020)

A.

The purpose of a Conditional Use Permit or Minor Conditional Use Permit is to allow certain Uses that contribute to the orderly growth and Development of the City to be properly integrated into the overall community pattern and zone where located.

B.

A Minor Conditional Use Permit application may be filed for uses that are of less complexity and require less staff time to process than uses which require a Conditional Use Permit. Uses subject to a Minor Conditional Use Permit are listed in Section 18.06.060—Uses Permitted in each Zone.

C.

In considering a Conditional Use Permit or Minor Conditional Use Permit, the Commission Shall affix those conditions which it determines will tend to safeguard the public health, safety and general welfare in the zone.

D.

Applications for Conditional Use Permits or Minor Conditional Use Permits Shall be made to the Commission, in writing, and Shall contain such information as May be specified by the Director.

E.

A Uniform Fee, set by Council Resolution, Shall be paid to the City upon the filing of each Application.

F.

The Commission Shall hold one Public Hearing upon the Matters referred to in the Application. Additional hearings May be held, at the discretion of the Commission. The Commission Shall investigate the facts bearing on each case to provide information necessary to assure action consistent with the intent and purpose of this title.

G.

Notice of Time and place of the hearing shall be given through the United States mail, with postage prepaid, to all persons shown on the last equalized assessment roll of the County, as owning property and tenants within a distance of six hundred sixty feet from the external boundaries of the property described in the application.

H.

In addition, further Notice May be given by publication in a newspaper of general circulation in the City, or in such other manner as May be deemed necessary or desirable.

I.

Before approving a Conditional Use Permit or Minor Conditional Use Permit, the Commission Shall make certain findings that the circumstances prescribed below do apply:

1.

That the proposed Use is in accord with the General Plan, the objectives of this title, and the purposes of the zone in which the site is located;

2.

That the proposed Use, together with the conditions applicable thereto will not be detrimental to the public health, safety or welfare, or Materially injurious to Properties or Improvements in the vicinity;

3.

That the proposed Use complies with each of the applicable provisions of this title.

J.

The Commission Shall make its findings and render its Decision granting or denying the Conditional Use Permit or Minor Conditional Use Permit in writing forty Days after the date of the first hearing, unless continued for further investigation, study or hearing.

K.

A revision or modification to an Approved Conditional Use Permit or Minor Conditional Use Permit such as, but not limited to, change in conditions, expansions, intensification, location, hours of operation or change of ownership May be requested by an Applicant. The Applicant Shall supply necessary information as determined by the City, to indicate reasons for the requested change.

L.

The Planning Commission May periodically review any Conditional Use Permit or Minor Conditional Use Permit to ensure that it is being operated in a manner consistent with conditions of Approval or in a manner which is not detrimental to the public health, safety or welfare, or Materially injurious to Properties in the vicinity. If, after review, the Commission deems that there is sufficient evidence to warrant a full examination, then a Public Hearing date Shall be set.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

(Ord. No. O-05-16, § 4, 4-5-2016; Ord. No. O-11-16, § 4, 8-2-2016; Ord. No. O-11-20, § 17, 10-20-2020)

Any land Use entitlement described in this chapter granted by the Commission becomes subject to revocation or surrender if not exercised within one Year of the date of Approval thereof. Upon Written Application by the Applicant or Property Owner filed prior to the expiration of the Approved land Use entitlement, the time at which the land Use entitlement expires May be extended by the Commission for an additional one Year period, at a time, for good cause. The existence of "Good Cause" will be determined at the sole discretion of the Commission. No more than four extensions May be granted for any Approved land Use entitlement. Upon Written Application by the Applicant or Property Owner filed prior to the expiration of the land Use entitlement, the Approved land Use entitlement Shall automatically be extended for thirty Days or until the Application for extension is Approved or denied, whichever occurs first. All requests for extension Shall be acted upon by the Commission on the consent calendar.

(Ord. 0-15-07 § 15, 2007: Ord. 0-21-99 § 1, 1999; Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

(Ord. No. O-13-17, § 2, 12-19-2017)

A.

Any land Use entitlement described in this chapter may, by action of the Commission, be revoked or surrendered upon any one or more of the Following grounds:

1.

That the Approval was obtained by fraud;

2.

That the Use for which such Approval is granted has not been exercised within one Year of the date of Approval thereof;

3.

That the Use for which such Approval was granted has ceased to exist or has been suspended for one Year or more;

4.

The land Use 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;

5.

That the Use for which Approval was granted was so exercised as to be detrimental to the public health and safety, or so as to constitute a Nuisance;

6.

That the Use for which such Approval is granted has not been exercised and the Owner wishes to surrender or remove the land Use entitlement.

B.

A Public Hearing Shall be held before the Commission or before a Neutral Hearing Officer, appointed as specified in Section 18.58.101, to determine whether there are grounds to revoke or surrender the land Use entitlement. Written Notice of the Public Hearing Shall be served on the Owner of the Property for which such land Use entitlement was granted, at least ten Days before such Public Hearing. The Notice May be served either personally or by registered mail, postage prepaid, return receipt requested.

C.

At the Public Hearing, the Commission or the Hearing Officer, as applicable, Shall investigate the facts bearing on each case and render its Decision in writing within forty Days after the date of the first hearing, unless continued for further investigation, study or hearing. The Decision of the Commission or the Hearing Officer on the revocation of any land Use entitlement Shall be final Following a ten-Day Appeal period.

(Ord. 0-15-07 § 16, 2007)

(Ord. No. O-13-17, § 3, 12-19-2017)

Notwithstanding any provision hereof giving the Commission the power and authority to hear and determine whether there are grounds for an extension or a revocation of a land Use entitlement, the Commission may, at its discretion, decline to hear or determine the Matter and instead May refer it to the City Council. The City Council May consider the foregoing Matters, or May instead refer such Matters to a neutral Hearing Officer, to be appointed as further specified in Section 18.58.101.

(Ord. 0-15-07 § 17, 2007)

A.

The Decision of the Commission on all land Use Applications Shall be final Following a ten-Day Appeal period. The Commission Shall, within two working Days from the date of the Commission's action of any land Use Application, notify the Applicant by forwarding a Copy of the Resolution to the address shown upon the Application.

B.

The action of the Planning Commission in denying an Application Shall be final and conclusive unless, within ten calendar Days Following the Notice of the Commission's action to the Applicant, an Appeal in writing is filed with the City Clerk by the Applicant, persons residing or owning property within six hundred sixty feet from the external boundaries of the Property subject to the Planning Commission's decision, or the City Council pursuant to subsection H below.

C.

Upon receipt of a Written Appeal, the City Clerk Shall advise the Secretary of the Planning Commission who Shall transmit the Planning Commission's Complete Record of the case.

D.

Within forty Days Following receipt of the filing of a Written Appeal, the City Council Shall conduct a duly advertised Public Hearing on the Matter, or Shall appoint a Neutral Hearing Officer, as further specified in Section 18.58.101, to conduct a duly advertised Public Hearing on the Matter, Public Notice of which Shall be given.

E.

The City Council Shall announce its findings and Decision by formal Resolution not more than forty Days Following the conclusion of the hearing, and the Resolution Shall recite, among other things, the facts and reasons which, in the opinion of the City Council, make the Approval or denial of the Application necessary to carry out the general purpose of this title.

F.

The action by the City Council Shall be by a majority vote of those members present and voting and Shall be final and conclusive. Any Resolution adopted shall require a minimum of four (4) votes.

G.

In the event of an Appeal as provided above, the action of the Commission in the Matter Shall forthwith be suspended pending the Appeal. Upon the City Council's or Hearing Officer's rendering of a decision on Appeal, the action of the Commission in the Matter shall be void and of no force of effect. In the event that the City Council is unable to render a decision on Appeal, the decision of the Commission shall be final and conclusive.

H.

Any two members of the City Council May Appeal the Decision of the Commission on a land Use Application, within ten calendar Days after mailing of the Notice of the Commission's decision. Notice of the Commission's decision Must be mailed within two working Days after such decision to the members of the City Council.

(Ord. 0-15-07 § 18, 2007)

(Ord. No. O-13-17, § 4, 12-19-2017; Ord. No. O-06-18, § 2, 4-3-2018)

A.

If a Decision regarding a land Use entitlement is referred for consideration to a Neutral Hearing Officer according to the provisions set forth in this chapter, the City Shall arrange for a qualified Hearing Officer pursuant to any of the Following methods selected in its sole discretion: (1) pursuant to an agreement for a qualified Attorney with the California Office of Administrative Hearings; (2) pursuant to an agreement for a qualified Attorney with the County of San Bernardino; (3) by mutual agreement with the holder of the land Use entitlement/appellant; or (4) pursuant to any other method or agreement which satisfies applicable Law. "Qualified Attorney" means an Attorney at Law having been admitted to practice before the Courts of this state for at least five Years prior to his/her appointment. Hearing Officers Shall be assigned to Matters on a rotating basis to assure fair and impartial review and analysis of applicable issues. The City Shall have no role in the selection, assignment or rotation of the Hearing Officers, except as provided for in (3) above when mutually selected with the appellant.

B.

The City and holder of the land Use entitlement/appellant Shall each be responsible for paying one-half of the Fees and costs charged by the Hearing Officer, unless and except to the extent that a specific provision of this Code provides otherwise.

C.

Nothing contained in this section Shall be construed to prohibit any Person from seeking prompt judicial review of a Decision of a City Official regarding an activity protected by the First Amendment of the United States Constitution, as applicable. The City Shall comply with all requirements provided for by the California Government Code, Code of Civil Procedure, or other applicable Laws, rules or regulations necessary for prompt judicial review.

(Ord. 0-15-07 § 19 (part), 2007)

A.

Purpose. The purpose of this section is to establish procedures and requirements for the City's consideration of Development agreements upon Application by, or on behalf of, a Property Owner or other Person having a legal or equitable interest in the Property which is to be the subject of a Development agreement. In adopting this section, the City Council has considered the General Plan of the City and the legislative findings and declarations set forth in Section 65864 of the Government Code.

B.

Development Agreement—Authorized. Pursuant to the provisions of Chapter 2.5 of Division 1 of Title 7 of the Government Code (Section 65864 et seq.), the City Council is authorized to enter into Development agreements upon Application by, or on behalf of, a Property Owner or other Person having legal or equitable interest in the Property which is the subject of the proposed agreement.

C.

Development Agreement—Application, Fees.

1.

A Developer wishing to enter into a Development agreement with the City Shall submit to the Planning Director a Written Application on a form provided by the Planning Director.

2.

The Planning Director May require the Developer to submit such additional information and supporting data as May be considered necessary to properly evaluate the proposed Development agreement.

3.

The Written Application required in this section Shall be accompanied by a nonrefundable processing Fee in an amount as set by Resolution of the City Council.

D.

Proposed Form of Agreement. Each Application Shall be accompanied by the form of Development agreement proposed by the Applicant.

E.

Review of Application. The Planning Director Shall review the Application to determine whether or not it is complete. If it is found that the Application is complete, the Planning Director Shall accept it for filing. If the Application is found to be incomplete, the Planning Director Shall refuse to accept the Application for filing and Shall inform the Applicant of the items necessary to properly complete the Application.

F.

Development Agreement—Hearing by Planning Commission.

1.

The Planning Director Shall refer all Applications for Development agreement to the Planning Commission for a Public Hearing.

2.

Upon receipt of the Application, the Planning Director Shall set a date for the Public Hearing.

3.

The Planning Director Shall insure that the public is given proper Notice of said Public Hearing in accordance with state planning, zoning and Development Law.

G.

Conduct of Hearing. The Public Hearing held pursuant to this section Shall be conducted as nearly as May be possible in accordance with the procedural standards adopted under Government Code Section 65804 for the conduct of zoning hearings. Each Person interested in the Matter Shall be given an opportunity to be heard. The Applicant Shall have the burden of proof at the Public Hearing on the proposed Development agreement.

H.

Irregularity in Proceedings. No action, inaction or recommendation regarding the proposed Development agreement Shall be held void or invalid, or be set aside by a Court by reason of any error, irregularity, informality, neglect or omission ("error"), as to any Matter pertaining to petition, Application, Notice, finding, record, hearing, report, recommendation, or any Matters of procedure whatever unless after an examination of the entire case, including the evidence, the Court is of the opinion that the error complained of was prejudicial and that by reason of the error the complaining Party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed. There is no presumption that error is prejudicial or that injury was done if error is shown.

I.

Determination by Planning Commission.

1.

After the hearing by the Planning Commission, the Planning Commission Shall forward its Written recommendation and the Application to the City Council. The recommendation Shall include the Planning Commission's determination of whether or not the Development agreement proposed:

a.

Is consistent with the objectives, policies, general land Uses and programs specified in the General Plan and any applicable specific plan;

b.

Is compatible with the Uses authorized in, and the regulations prescribed for, the land Use District in which the Real Property is located;

c.

Is in conformity with public convenience, general welfare, and good land Use practice;

d.

Will be detrimental to the health, safety and general welfare;

e.

Will adversely affect the orderly Development of Property or the preservation of Property valued.

2.

The recommendation Shall include the factual bases for said determination.

J.

Development Agreement—Hearing by City Council.

1.

Upon receipt of the Application and the Written recommendation of the planning, the City Council Shall set a date for a Public Hearing on the Matter.

2.

The City Clerk Shall insure that the public is given Notice of the Public Hearing in accordance with the state planning, zoning and Development Laws.

K.

Action by City Council.

1.

After the Public Hearing, the City Council May approve, modify or disapprove the recommendation of the Planning Commission. It May refer back to the Planning Commission, for report and recommendation, Matters not previously considered by the Planning Commission.

2.

Upon receipt of a referral as set forth in subsection (K)(1) of this section, the Planning Commission, without further Public Hearing, Shall consider the new Matters and report its recommendations in writing to the City Council within forty Days after receipt of said referral. Failure to act within the forty-Day limit Shall constitute a favorable endorsement on the Matters set forth in the referral.

3.

If the City Council approves the Development agreement, it Shall do so by Ordinance.

L.

Requirements for Approval. No Development agreement May be Approved by the City Council unless all of the Following conditions are met:

1.

The City Council Must find that:

a.

The provisions of the agreement are consistent with the General Plan and any applicable specific plan, and

b.

The Development agreement complies with all applicable zoning, Subdivision, and Building regulations, and with the general and any relevant specific plan;

2.

The agreement Must state:

a.

The specific duration of the agreement,

b.

The Permitted Uses of the Property,

c.

The density and intensity of Use,

d.

The maximum height and size of proposed Buildings,

e.

Specific provisions for reservations or dedication of land for public purposes.

M.

Effective Date of Development Agreement. In adopting this subsection, the City Council recognizes the fact that a Development agreement is a legislative Act which is subject to referendum. Therefore, notwithstanding the fact that the City Council adopts an Ordinance ap-proving a Development agreement and causes said agreement to be signed, said agreement Shall be effective and Shall only create obligations on the Part of the City from and after the date that the Ordinance approving said Development agreement takes effect.

N.

Development Agreement—Amendment or Cancellation. Either Party May propose an amendment to or cancellation in whole or in Part of a Development agreement previously entered into. However, with the exception of modification or revocation pursuant to subsections Q through V of this section, both parties Must agree in writing to an amendment, or cancellation, of a Development agreement before it Shall be effective.

O.

Amendment or Cancellation Procedure.

1.

The procedure for proposing an adoption of an amendment to or cancellation in whole or in Part of the Development agreement is the same as the procedure for entering into an agreement in the first instance as outlined in this section.

2.

However, where the City Council initiates the proposed amendment to or cancellation in whole or in Part of the Development agreement, it Shall first give Notice to the Property Owner of its intention to initiate such proceedings at least fifteen calendar Days in advance of the giving of Notice of the Public Hearing regarding the amendment or cancellation pursuant to subsection F of this section.

P.

Recordation of Development Agreement, Amendment or Cancellation.

1.

Within ten Days after the effective date of the Development agreement, the City Clerk Shall have the agreement recorded with the County Recorder.

2.

If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in Government Code Section 65868, or if the City terminates or modifies the agreement as provided in Government Code Section 65865.1 for failure of the Applicant to comply in good faith with the terms or conditions of the agreement, the City Clerk Shall have Notice of such action recorded with the County Recorder.

Q.

Periodic Review of Development Agreement.

1.

Notwithstanding the foregoing, the City Council shall review the Development agreement at least once every twelve Months after the effective date of the Adopting Ordinance (hereinafter called periodic review). The City Council may, on its own motion or on the advice of the City Manager, review the Development agreement more often than once every twelve Months as it is deemed necessary (hereinafter "Special Review").

2.

The City Council May delegate or refer the periodic review of the Development agreement to the Planning Commission or to the City Manager or his Designated Representative.

R.

Notice of Periodic Review. Notice of periodic review Shall be given as follows:

1.

Notice to Developer.

a.

The Planning Director Shall give the Developer thirty calendar Days' advance Notice of the review by placing such Notice to the Developer into the U.S. mail, first class, postage prepaid, and addressed to such address as the Developer has listed in the Development agreement.

b.

The City Clerk Shall give the Developer Notice of a special review in the same manner as provided in subsection (R)( 1 )(a) of this section for annual review.

2.

Notice to the Public. Public Notice of periodic or special reviews Shall be accomplished as set forth in subsection F of this section.

S.

Periodic Review—Hearing, Burden, Findings.

1.

Any periodic review conducted pursuant to subsection Q of this section Shall be accomplished in the form of a Public Hearing as required by subsection G of this section.

2.

The burden Shall be on the Developer or his successor in interest, to demonstrate good-faith compliance with the terms of the agreement.

3.

At the conclusion of the Public Hearing, the City Council Shall make findings regarding whether or not the Developer has, for the period under review, complied in good faith with the terms and conditions of the agreement.

T.

Periodic Review—Action by Council.

1.

If the City Council finds and determines on the basis of the evidence given that the Property Owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period Shall be concluded.

2.

If the City finds and determines on the basis of substantial evidence that the Property Owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the Council May modify or terminate the agreement.

3.

If the periodic review has been referred by the City Council to the Planning Commission or to the City Manager or his Designated Representative, the determination resulting from said review Shall be Appealable in writing to the City Council within ten calendar Days after the final action. A hearing Shall be conducted in accordance with the City Council's rules for consideration of Appeals.

4.

If the periodic review is conducted by the City Council, the determination resulting from said review Shall be deemed to be final for all purposes.

U.

Periodic Review—Modification or Termination of Agreement—Public Hearing, Notice.

1.

If, upon a finding pursuant to subsection (V)(2) of this section, the City determines to proceed with modification or termination of the agreement, the City Shall set a hearing date and give Notice to the Property Owner and the public of the hearing. Said Notice Shall be given in the manner set forth in subsections F and R of this section.

2.

In addition to the informational content required by subsections F and R of this section, the Notice required by this section Shall contain:

a.

A statement concerning whether the City proposes to terminate or to modify the Development agreement;

b.

Other information which the City considers necessary to inform the Property Owner of the nature of the proceedings.

V.

Periodic Review—Modification or Termination—Hearing.

1.

Any Public Hearing on the subject of modification or termination of the agreement based upon a periodic review Shall be conducted in the manner prescribed in subsection G of this section.

2.

Upon concluding said hearing, the City Council May take whatever action it deems necessary to protect the interest of the City.

3.

The Decision of the City Council Shall be final.

(Ord. 0-15-07 § 19 (part), 2007)

(Ord. No. O-12-18, § 42, 12-18-2018)