Pursuant to the provisions of Cal. Gov’t Code §§ 65900 through 65905, the office of Zoning Administrator is established. The Zoning Administrator shall be the Planning Director, Deputy Planning Director or a senior planner, as designated by the Director of Community Development. A member of the Planning Division staff as appointed by the Director of Community Development shall serve as the secretary at Zoning Administrator hearings and shall make, keep and maintain all records of the proceedings.

(`78 Code, § 17.99.010.) (Ord. 2157 § 3 (part), 1993; Ord. 2047 § 1 (part), 1991.)

   (A)   The Zoning Administrator shall hear and decide applications for permits for the sale of alcoholic beverages, as defined in Cal. Business and Professions Code § 23004, for on-premises consumption.

   (B)   The Zoning Administrator may grant an alcoholic beverages permit under this chapter if he or she makes a finding that the following four conditions exist:

   The Zoning Administrator shall hear and decide applications for permits for temporary events. Temporary use permits are intended for events that are held in conjunction with an established commercial business holding a valid business license that normally operates in that location. The following uses are permissible in any zone in the city subject to the granting of a temporary use permit pursuant to the provisions of this chapter.

   (A)   Specific events or activities that require a temporary use permit are as follows:

      (1)   Outdoor display and sale of merchandise, such as sidewalk sales, within commercial land use districts or the M-1, M-2, or M-4 Zones, in areas not previously designed and approved for such use. These events shall be limited to a total of 120 days in a calendar year, including only merchandise customarily sold, manufactured, assembled, fabricated or processed on the premises by a permanently established business;

      (2)   Indoor retail sales in the M-1, M-2, or M-4 Zones of merchandise manufactured, assembled, fabricated or processed on the premises by a permanently established business. These events all shall be limited to a total of 120 days in a calendar year.

      (3)   Grand opening events which involve outdoor activities and entertainment, not to exceed five consecutive days and limited to one event per business. One ground breaking or ribbon cutting ceremony per business that does not exceed two hours in duration is exempt from the permit requirement;

      (4)   Temporary shade structures, such as tents and canopies, for automobile dealerships only, provided they comply with the following conditions:

         (a)   The shade structure is placed in an area where vehicles are displayed on a daily basis and shall not obstruct required customer parking spaces, drive aisles or any access designed for public safety. The shade structure shall be limited to a total of 120 days in a calendar year;

         (b)   No banners, balloons, flags or other attraction devices may be mounted on any portion of the shade structure, nor shall any vendor not associated with the automobile dealership’s sales staff occupy the structure, without prior approval of a special use permit subject to Corona Municipal Code § 17.98.030;

         (c)   The shade structure shall observe the applicable development standards of the zone in which it is located;

         (d)   The physical and aesthetic components of the shade structure shall be maintained so as to prevent breakage, tearing, fading or fraying of the individual pieces. Any portion of the structure displaying evidence of wear shall be replaced or repaired immediately;

         (e)   The applicant shall also obtain a tent permit from the Fire Department.

      (5)   Uses similar to those listed above, as determined by the Planning Director.

   (B)   Rooftop mounted balloons, pennants, spinners, tethered helium balloons, either stacked or arched, and similar devices are permitted with the issuance of a temporary use permit granted by the Zoning Administrator. If such devices are in conjunction with an event associated with a special use permit as described in § 17.98.030, the issuance of the permit shall be granted by the Board of Zoning Adjustment. The use of such devices shall be limited to 120 days in a calendar year per business.

(`78 Code, § 17.99.030.) (Ord. 3017 § 1 (part), 2009; Ord. 2980, § 1 (part), 2009; Ord. 2940 § 3 (part), 2008; Ord. 2572 § 2, 2002; Ord. 2157 § 3 (part), 1993; Ord. 2047 § 1 (part), 1991.)

   The Zoning Administrator shall hear and decide applications for permits for small recycling centers in the C-2 and C-3 zones and similar specific plan designations, provided they comply with the following conditions:

   (A)   The small recycling center shall be established in conjunction with a permitted commercial use;

   (B)   The small recycling center shall be located away from the entrances and main drive aisles of the shopping center in which it is located and any nearby commercial enterprises;

   (C)   Shall be set back at least ten feet from any property line and shall not obstruct pedestrian or vehicular circulation;

     (D)   Shall accept only recyclable paper and glass, plastic and aluminum beverage containers;

   (E)   Shall have no power driven equipment except for reverse vending machines;

   (F)   Shall store all recyclable materials in enclosed containers or within the mobile unit when attendant is not present;

   (G)   Shall be maintained free of litter and any other unsightly or intrusive materials;

   (H)   Shall have identification signs with a maximum of 16 square feet in addition to informational signs which:

      (1)   Clearly identify the type of material which may be deposited;

      (2)   List the name and telephone number of the facility operator and hours of operation; and

      (3)   Give notice stating that no material shall be left outside the recycling enclosure or containers. Area and placement of these informational signs shall be subject to the review and approval of the Zoning Administrator as part of the temporary use permit submittal.

   (I)   The facility shall not reduce the area of landscaping required by the respective zone or Chapter 17.70;

   (J)   The facility may occupy only parking spaces above the minimum number required by Chapter 17.76 for the host user;

   (K)   Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present;

   (L)   The Zoning Administrator may require additional landscaping or other improvements as deemed necessary to buffer any noise or visual impacts of the facility from the public right-of-way and/or surrounding residences.

(`78 Code, § 17.99.050.) (Ord. 2940 § 3 (part), 2008; Ord. 2157 § 3 (part), 1993; Ord. 2047 § 1 (part), 1991.)

   (A)   The Zoning Administrator shall review and decide applications for smoking lounges that are an ancillary use to a primary business, provided they comply with the following:

      (1)   The application request complies with the supplemental development standards for smoking lounges in § 17.33.160.

      (2)   The application adheres to applicable zoning regulations for the property.

(Ord. 3215 § 4, 2015.)

   The Zoning Administrator shall decide on applications for permits for collection containers, as provided for in Chapter 17.75, and shall take all other actions authorized by Chapter 17.75.

(Ord. 3219 § 2, 2015.)

   (A)   The Zoning Administrator shall hear and decide applications for variances from the following property development standards within the following limitations:

      (1)   Reduction of lot area or lot dimensions by not more than 5% of that required in the subject zone for not more than 5% of the lots or dwelling units proposed to be built, except that a reduction of lot area or lot dimensions of a single lot for not more than 5% of that required in the A-Agricultural Zone may be considered;

      (2)   Reduction of yards and distance between buildings by not more than 20% of the requirement of the subject zone;

      (3)   Reduction of the number of the required parking spaces by not more than 5% or reduction of the width of required parking spaces by not more than six inches and modification of other parking design standards measurable in quantity by not more than 5%;

      (4)   Allowance of one additional dwelling unit on a lot in a multiple-residential zone; provided, the lot area for the unit is 50% or more of the lot area per dwelling unit required in the subject zone and all other dwelling units on the lot have the full lot area per dwelling unit required in the zone;

      (5)   An increase of not more than 20% in the allowed height of fences, walls and vegetation; provided, however, the increase for a fence, wall or vegetation along the side lot line of a corner lot may exceed 20% if the height of the fence, wall or vegetation after the increase does not exceed six feet;

      (6)   An increase of not more than 10% in the allowed lot coverage requirement of the subject zone;

      (7)   An increase of not more than 20% in the allowed height of primary residential structures that are two stories high on lots having a minimum area of 20,000 square feet or greater, provided than an additional one foot of setback is provided in the lesser of the two side yards for each one foot of additional height;

      (8)   Establishment of lot or building access rights via properties other than streets or highways per the requirements of Chapter 17.68.

   (B)   The Zoning Administrator may grant a minor variance if he or she finds that the following three conditions exist:

       (1)   Because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification;

      (2)   The minor variance is being granted subject to conditions that will assure that the variance is not a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated;

      (3)   The variance will not adversely affect property and the use thereof in the vicinity of the subject property, nor will it adversely affect the public health, safety or general welfare.

(`78 Code, § 17.99.060.) (Ord. 2572 § 3, 2002; Ord. 2157 § 3 (part), 1993; Ord. 2047 § 1 (part), 1991.)

   Subject to Zoning Administrator approval, parking for warehouses shall be provided at a ratio of one parking space for each 1,000 square feet of warehouse space. The Zoning Administrator’s approval shall be based on the following findings:

   (A)   The building or unit shall have at least 1,000 square feet of contiguous warehouse space;

   (B)   The primary use of the building or unit is warehousing or distribution. Upon declaring that a deviation from this ratio is warranted, the Zoning Administrator shall make a record of the findings leading to such a conclusion. The Zoning Administrator may impose additional requirements as appropriate, including, but not limited to, a requirement that security in the form of a bond be posted to assure the retention of the designated use as a warehouse or recordation of a deed restriction for the same purpose.

(`78 Code, § 17.99.065.) (Ord. 2157 § 3 (part), 1993; Ord. 2084 § 5, 1991.)

   Within the M-1, M-2, M-3 and M-4 zones only, the Zoning Administrator may defer parking improvements required under §§ 17.76.090 and 17.76.100 by finding that at least one of the following conditions exist:

   (A)   Only a predetermined portion of the building on the parcel is to be occupied;

   (B)   The number of parking spaces actually needed on the parcel is less than the number required under § 17.76.030. Upon declaring that deferral of parking improvements is warranted, the Zoning Administrator shall make a record of the findings leading to such conclusion.

(`78 Code, § 17.99.070.) (Ord. 2157 § 3 (part), 1993; Ord. 2084 § 4, 1991; Ord. 2047 § 1 (part), 1991.)

   (A)   The Zoning Administrator shall hear and decide applications for an increase in the allowable area and height of freeway signage. Freeway signage is considered signage that is within a freeway viewshed, as defined in § 17.74.020. Such signage is allowed the following:

      (1)   An additional 30% in enterprise or parcel identification sign area of commercial businesses;

      (2)   An increase of not more than 20% in the allowable height of pylon signs in commercial zones.

   (B)   The Zoning Administrator shall not approve the increases in the area or height of freeway signage allowed under this section unless the following findings are made:

      (1)   The business requesting the additional freeway-oriented sign area or height is a retail use;

      (2)   Careful evaluation indicates that the view of the sign from the freeway will retrain unobstructed, taking into account the likely ultimate development of surrounding properties based on current General Plan and zoning regulations;

      (3)   The sign will be oriented towards freeway traffic;

      (4)   The sign creates no hazards to the health, safety or welfare of the general public; and

      (5)   The proposal is consistent with the goals and objectives of the General Plan.

(`78 Code, § 17.99.075.) (Ord. 2572 § 4, 2002; Ord. 2157 § 3 (part), 1993.)

   (A)   The Zoning Administrator shall hear and decide applications for reasonable accommodations as provided by the federal Fair Housing Amendments Act and California's Fair Employment and Housing Act to allow reasonable remedy from zoning standards for individuals with physical or mental impairment that substantially limits one or more major life activities, or anyone who is regarded as having that type of impairment, or anyone who has a record of that type of impairment, not including individuals currently using illegal substances, unless they have a separate disability.

   (B)   The following criteria should be used to make determinations of reasonable accommodation:

      (1)   The housing which is the subject of the request for reasonable accommodation will be used by an individual protected under fair housing laws;

      (2)   The request for reasonable accommodation is necessary to make housing available to an individual protected by fair housing laws;

      (3)   The requested accommodation does not impose an undue financial or administrative burden on the jurisdiction; and

      (4)   The requested accommodation does not require a fundamental alteration in the jurisdiction's land use and/or zoning programs.

(Ord. 3139 § 10 (part), 2013.)

   (A)   The Community Development Director shall prescribe the form and scope of applications under this chapter and any necessary accompanying data.

   (B)   Applications under this chapter shall be made by the property owner or the property owner’s authorized agent in writing on the form provided by the city’s Planning Division, accompanied by such data and material as required by the Community Development Director. If the applicant is not the property owner, a letter from the property owner authorizing the applicant to act as his or her agent on his or her behalf shall accompany the application.

   (C)   When an application under this chapter is filed, a uniform fee as established by City Council resolution shall be paid for the purposes of defraying the costs incidental to the proceedings except for reasonable accommodations requests made pursuant to fair housing laws.

   (D)   Applications under this chapter shall be considered and acted on by the Zoning Administrator within 15 business days from the date the application is received for filing.

   (E)   Applications for reasonable accommodations shall be deemed automatically approved if not acted upon by the Zoning Administrator within 30 days of the complete application submittal.

(`78 Code, § 17.99.080.) (Ord. 3215 § 5, 2015; Ord. 3139 § 10 (part), 2013; Ord. 2157 § 3 (part), 1993.)

   (A)   The Zoning Administrator may approve, conditionally approve or deny any application filed under this chapter. The Zoning Administrator shall announce his or her decision and shall issue written findings outlining the basis for the decision. A copy of the decision shall be forwarded to the applicant by mail immediately after it has been signed by the Zoning Administrator.

   (B)   The Zoning Administrator shall have the right to impose on an approved application reasonable conditions which the Zoning Administrator deems necessary to protect the public health, safety and general welfare and to insure the fulfillment of the intent and purpose of the city’s General Plan and zoning regulations. If an application is approved subject to conditions precedent to its becoming effective, it shall become effective only after the conditions have been fulfilled or after the applicant has provided reasonable and sufficient guarantees to the satisfaction of the Zoning Administrator that the conditions be fulfilled.

   (C)   The Zoning Administrator shall keep accurate records of all decisions under this chapter. The records shall be a part of the permanent files of the case and shall be retained in the offices of the Community Development Department.

(`78 Code, § 17.99.090.) (Ord. 3215 § 6, 2015; Ord. 2157 § 3 (part), 1993.)

   (A)   No application shall become effective until all conditions precedent have been met.

   (B)   All permits shall be valid only for the dates specified in the application. These dates may be amended as part of the Zoning Administrator’s action or according to the amendment provisions of this chapter.

   (C)   No building permit shall be issued in any case where a permit is required by the provisions of this code, unless and until such permit or application has been finally granted, is effective and all conditions precedent to the issuance of a building permit have been met. No certificate of occupancy or clearance to operate shall be issued until all provisions of this code and all conditions of the permits have been completed and fulfilled.

   (D)   Each approval of an application by the Zoning Administrator under this chapter, with the exception of temporary use permits, shall contain the following condition: "The rights granted pursuant to this approval shall be exercised within 12 months of the effective date thereof or otherwise this approval shall lapse." The Zoning Administrator, however, shall have the authority to extend the time limit upon a finding of unavoidable delay.

(`78 Code, § 17.99.100.) (Ord. 2157 § 3 (part), 1993.)

   (A)   Any person aggrieved by any decision of the Zoning Administrator or Board of Zoning Adjustment, with the exception of decisions of the Board of Zoning Adjustment made pursuant to Chapters 8.32 and 15.56, or asserting that the Zoning Administrator or the Board of Zoning Adjustment has failed to act within the time prescribed by this code, may not later than ten working days from the date of the decision or ten working days from the date of the alleged failure of the Administrator or the Board to act in a timely manner, file with the Secretary of the Planning Commission a written notice of appeal therefrom.

   (B)   An appeal shall be accompanied by the filing fee established by the City Council.

(`78 Code, § 17.99.110.) (Ord. 2533 § 4, 2001; Ord. 2157 § 3 (part), 1993.)

   Any approval or permit granted under this chapter may be suspended or revoked by the Zoning Administrator for the following reasons and in the following manner.

   (A)   The Zoning Administrator, on his or her own motion may, and upon the direction of the City Council shall, hold a hearing upon the question of the revocation of a permit or approval granted under, or pursuant to, the provisions of this chapter.

   (B)   The Zoning Administrator may suspend or revoke a permit if he or she finds that:

      (1)   The activity taking place pursuant to the permit or approval is being conducted in a manner which is detrimental to the public health, safety or general welfare of the city or constitutes a public nuisance;

      (2)   The applicant acquired the permit or approval by making or causing to be made factual misrepresentations, material nondisclosure or false or misleading statements in the application for such permit or approval or in any statement or representation to the Zoning Administrator;

      (3)   The applicant has failed to comply with any condition of the permit or approval;

      (4)   The activity taking place pursuant to the permit or approval is contributing to illegal activities or to substantially increased police activity in the vicinity; or

      (5)   The activity permitted has terminated or has been suspended for at least six months.

   (C)   No suspension or revocation shall be ordered until the Zoning Administrator has served or caused to be served upon the permittee a notice specifying the grounds for the proposed suspension or revocation and fixing a time, date and place at which the Zoning Administrator shall hear and determine the factual basis for the grounds of the proposed suspension or revocation, which time and date shall not be less than three days from the date of the service of the notice. At the hearing, the permittee shall have the opportunity to be heard and to make his or her defense against any complaints and allegations made as to the activities authorized under this chapter.

   (D)   Upon making a decision to suspend or revoke a permit or approval granted under this chapter, the Zoning Administrator shall notify the permittee in writing of his or her action and shall give the reasons for the suspension or revocation.

(`78 Code, § 17.99.120.) (Ord. 2157 § 3 (part), 1993.)

   It is unlawful for any person to conduct a use which requires a permit or application under this chapter without first obtaining the approval or permit or to continue such use which has been suspended or revoked. Violations of this chapter or the conditions of approval of any permit or application under this chapter shall be enforced pursuant to Chapter 17.108.

(`78 Code, § 17.99.130.) (Ord. 2157 § 3 (part), 1993.)