The purpose of this chapter is to describe the authority and responsibilities of the council, commission, department, director, and city staff in the administration of this Development Code.

(Ord. No. 02(1998), § 2, 11-3-98)

As provided by state law, the Diamond Bar city council, planning commission, hearing officer, community and development services director, and community and development services department (referred to in this Development Code as the department) shall perform the functions of a planning agency.

(Ord. No. 02(1998), § 2, 11-3-98)

The council shall perform the duties and functions prescribed in this Development Code, which include the following:

(1)

Review authority on specified planning matters. Final decisions on development agreements, Development Code amendments, environmental documents, general plan amendments, specific plans, zoning map amendments, and other applicable policy or ordinance matters related to the city's planning process; and

(2)

Appeals. The review of appeals filed from commission decisions.

The above listed functions shall be performed in compliance with section 22.44.020 (Authority for land use and zoning decisions), Table 4-1, Review Authority and the California Environmental Quality Act (CEQA).

(Ord. No. 02(1998), § 2, 11-3-98)

(a)

Appointment. The commission shall consist of five members appointed by the council, in compliance with Council Ordinance No. 25C (1998). The terms of the commissioners shall be two years. Commissioners may be removed at any time during their term by a majority vote of the council. All vacancies shall be filled for the unexpired term in the same manner as the original appointment.

(b)

Duties and authority. The commission shall perform the duties and functions prescribed by state law and this Development Code, including the following:

(1)

The review of development projects; and

(2)

The recommendation, to the council for final decisions, on development agreements, Development Code amendments, environmental documents, general plan amendments, specific plans, zoning map amendments, and other applicable policy or ordinance matters related to the city's planning process.

The above listed functions shall be performed in compliance with section 22.44.020 (Authority for land use and zoning decisions), Table 4-1, Review Authority and the California Environmental Quality Act (CEQA).

(c)

Meeting rules. The commission shall adopt the policy and procedures manual which incorporates, by reference, the League of California Cities Planning Commission Handbook.

(Ord. No. 02(1998), § 2, 11-3-98)

(a)

Appointment. The director shall be the deputy city manager responsible for community and development services as appointed by the city manager.

(b)

Duties and authority. The director shall:

(1)

Have the responsibility to perform all of the functions designated by state law;

(2)

Perform the duties and functions prescribed in this Development Code, including the review of administrative development projects, in compliance with section 22.44.020 (Authority for land use and zoning decisions), Table 4-1, Review Authority, state law (Government Code § 65901 et seq.), and the California Environmental Quality Act (CEQA);

(3)

Perform other responsibilities assigned by the council and commission;

(4)

Appoint the hearing officer;

(5)

Delegate the responsibilities of the director to department staff under the supervision of the director; and

(6)

Serve in an advisory capacity, in compliance with state law (Map Act section 66415), where the specific responsibilities are identified in title 21 (subdivision code). The director is charged with the responsibility of making investigations and reports on the design and improvement of proposed divisions of real property.

(Ord. No. 02(1998), § 2, 11-3-98)

(a)

Appointment. The hearing officer shall be appointed by the director in compliance with state law.

(b)

Duties and authority. The hearing officer shall:

(1)

Perform the duties and functions prescribed in this Development Code, including the review of development projects, in compliance with section 22.44.020 (Authority for land use and zoning decisions), Table 4-1, Review Authority and the California Environmental Quality Act (CEQA); and

(2)

Perform other responsibilities assigned by the director.

Except where otherwise provided by this Development Code, the responsibilities of the hearing officer may also be carried out by department staff under the supervision of the director.

(c)

Supervision. When the director designates a department staff person as hearing officer, the staff person shall perform the duties assigned by the director in addition to those listed in section 22.64.060(b) (Duties and authority), above, as appropriate to the personnel title of the designee.

(Ord. No. 02(1998), § 2, 11-3-98)

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

(Ord. No. 02(1998), § 2, 11-3-98)

Administrative development review, development review, minor variances, variances, minor conditional use permits or conditional use permits shall become effective on the 11th day following the date the decision is rendered by the appropriate review authority, provided that no appeal of the review authority's action has been filed, in compliance with chapter 22.74 (Appeals). Development agreements, specific plans, and amendments to the general plan, zoning map and this Development Code shall become effective on the 30th day following the date the decision is rendered by the council. Permits, certificates and/or other entitlements shall not be issued until the effective date.

The applicant shall sign the affidavit of acceptance or other entitlement, within 30 days of approval, indicating full understanding and concurrence with the approval and all conditions imposed by the review authority, or the entitlement will be deemed void.

(Ord. No. 02(1998), § 2, 11-3-98)

A permit application deemed approved in compliance with state law (Government Code § 65956) shall be subject to all applicable provisions of this Development Code, which shall be satisfied by the applicant before a building permit is issued or a land use not requiring a building permit is established.

(Ord. No. 02(1998), § 2, 11-3-98)

A permit applicant may be required by conditions of approval or by action of the director or hearing officer to provide adequate security to guarantee the faithful performance of any or all conditions of approval imposed by the review authority. The director or hearing officer, in concert with the building official, shall be responsible for setting the amount of the required security.

(Ord. No. 02(1998), § 2, 11-3-98)

(a)

Time limits. To ensure continued compliance with the provisions of this chapter, each approved permit or entitlement shall expire one year from the date of approval, unless otherwise specified in the permit or entitlement, if the use has not been exercised. Time extensions may be granted in compliance with chapter 22.66 (Permit Implementation and Time Extensions), if a written request is submitted by the applicant, and received by the department, at least 30 days prior to the expiration of the permit.

If a permit or entitlement has not been exercised within the established time frame, and a time extension is not granted, the provisions of section 22.66.050(c) (Extensions of time), below shall deem the permit or entitlement void.

(b)

Permit implementation; exercising the permit or entitlement.

(1)

Exercised, defined. An approved permit or entitlement shall be exercised before its expiration. The permit or entitlement shall not be deemed exercised until the permittee has:

a.

Obtained a building permit and continuous on-site construction activity including pouring of foundations, installation of utilities, or other similar substantial improvements has commenced;

b.

Obtained a grading permit and has completed a significant amount of on-site grading, as determined by the director;

c.

Actually implemented the allowed land use, in its entirety, on the subject property in compliance with the conditions of approval.

(2)

Project phasing.

a.

Two or more phases. Where the permit or entitlement provides for development in two or more phases or units in sequence, the permit or entitlement shall not be approved until the review authority has approved the final phasing plan for the entire project site. The project applicant shall not be allowed to develop one phase in compliance with the preexisting base zoning district and then develop the remaining phases in compliance with this section, without review authority approval.

b.

Commencement for each phase. If a project is to be built in preapproved phases, each subsequent phase shall have one year from the previous phase's date of construction commencement to the next phase's date of construction commencement to have occurred, unless otherwise specified in the permit or entitlement, or the permit or entitlement shall expire and be deemed void.

c.

Tentative map. If the application for the permit or entitlement also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the permit or entitlement shall be exercised before the expiration of the companion tentative map.

(c)

Extensions of time.

(1)

On the applicant's own motion and on the filing of a request for extension by the applicant at least 30 days before the expiration, the original review authority may extend the time to establish an approved permit.

(2)

The applicant shall file a written request for an extension of time with the department, together with the filing fee required by the city's fee resolution. The review authority shall then determine whether the permittee has made a good faith effort to establish the permit. The burden of proof is on the permittee to establish, with substantial evidence beyond the control of the permittee (e.g., demonstration of financial hardship, legal problems with the closure of the sale of the parcel, poor weather conditions in which to complete construction activities, etc.), why the permit should be extended.

(3)

If the review authority determines that the permittee has proceeded in good faith and has exercised due diligence in seeking to establish the permit, the review authority shall grant an extension for up to two successive periods, not to exceed six months each.

(d)

Hearing on expiration/extension. If the matter originally required a noticed public hearing, the review authority shall hold a public hearing on the proposed extension of a permit or entitlement, and give notice, in compliance with chapter 22.72 (Public Hearings).

Upon good cause shown, the first extension may be approved, approved with modifications or disapproved by the director, whose decisions may be appealed to the commission, in compliance with chapter 22.74 (Appeals). Subsequent extensions may be approved, approved with modifications or disapproved by the commission, whose decisions may be appealed to the council. The maximum number of months that a permit or entitlement may be extended shall not exceed a total of two additional six-month periods beyond the expiration of the original approval.

(Ord. No. 02(1998), § 2, 11-3-98)

A development or new land use authorized through a temporary use permit, administrative development review, development review, minor variance, variance, minor conditional use permit or conditional use permit shall be established only as approved by the review authority and subject to conditions of approval, except where changes to the project are approved in compliance with this section. An applicant shall request desired changes in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request. Changes may be requested either before or after construction or establishment and operation of the approved use.

If the matter originally required a noticed public hearing, the review authority shall hold a public hearing on the requested change(s), and give notice, in compliance with chapter 22.72 (Public Hearings).

(1)

Minor changes. The director may authorize minor changes to an approved site plan, architecture, or the nature of the approved use if the changes:

a.

Are consistent with all applicable provisions of this Development Code and the spirit and intent of the original approval;

b.

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

c.

Do not involve a feature of the project that was specifically addressed or was a basis for conditions of approval for the project or that was a specific consideration by the review authority (e.g., the director, hearing officer, commission, or council) in the approval of the permit; and

d.

Do not result in an expansion of the use.

(2)

Major changes. Major changes involve features described in subsections (1)b. and (1)c. (Minor changes), above, and shall only be approved by the review authority through a new entitlement application or modification, processed in compliance with this Development Code.

(Ord. No. 02(1998), § 2, 11-3-98)

For a period of one year following the approval, disapproval or revocation/modification of a discretionary land use permit or entitlement, no application for the same or substantially similar discretionary permit or entitlement for the same site shall be filed. The director shall determine whether the new application is for a discretionary land use permit or entitlement which is the same or substantially similar to the previously approved or disapproved permit or entitlement. The determination of the director may be appealed to the commission, in compliance with chapter 22.74 (Appeals).

(Ord. No. 02(1998), § 2, 11-3-98)

(a)

Covenant may be required. When necessary to achieve the land use goals of the city, the city may require a property owner(s) holding property in common ownership to execute and record a covenant of easement in favor of the city and providing for parking access, ingress, egress, emergency access, light and air access, landscaping, or for open space. The covenant may be imposed as a condition of approval by the hearing officer, commission, or council, in compliance with state law.

(b)

Form of covenant. The covenant of easement shall describe the real property to be subject to the easement and the real property to be benefited by the easement. The covenant shall also identify the approval or permit granted which relied on or required the covenant. The form of the covenant shall be approved by the city attorney.

(c)

Effect of covenant. The covenant shall be effective when recorded and shall act as an easement in compliance with state law (Chapter 3 (commencing with section 801) of Title 2 of Part 2 of Division 2 of the Civil Code), except that it shall not merge into any other interest in the real property. Civil Code § 1104 shall be applicable to the conveyance of the affected real property.

From and after the time of its recordation, the covenant shall impart notice to all persons to the extent afforded by the recording laws of the state. Upon recordation, the burdens of the covenant shall be binding on, and the benefits of the covenant shall inure to, all successors in interest to the real property.

(d)

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

(e)

Release of covenant. The covenant may be released upon the initiation of the city, or a request of an affected property owner, and after a public hearing, on a determination that the covenant on the property is no longer necessary to achieve the land use goals of the city. The covenant may be released only by the council. A notice of the release of the covenant shall be recorded by the city with the county recorder's office.

(f)

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

(Ord. No. 02(1998), § 2, 11-3-98)

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

It is the intent of this Development Code to discourage the long-term continuance of these nonconformities, providing for their eventual elimination, but to permit them to exist under the limited conditions outlined in this chapter. Generally, this chapter is intended to be administered in a manner which encourages the eventual abatement of these nonconformities.

(Ord. No. 02(1998), § 2, 11-3-98)

(a)

Nonconforming use of land. A nonconforming use of land may be continued, transferred or sold, provided that the use shall not be enlarged or intensified, nor be extended to occupy a greater area than it lawfully occupied before becoming a nonconforming use except as provided for in this chapter.

(b)

Nonconforming use of a conforming structure. The nonconforming use of a structure that otherwise conforms with applicable provisions of this Development Code may be continued, transferred, and sold, as follows, provided that no structural alterations, except those required by law, are made:

(1)

Expansion of use. The nonconforming use of a portion of a conforming structure may be extended throughout other portions of the structure. However, an expansion shall not:

a.

Be granted more than one time; and

b.

Exceed a maximum of ten percent of the total floor area of the structure before the expansion.

(2)

Relocation of use. A nonconforming use located in a conforming structure may be relocated within the same structure or to an adjacent conforming structure(s) on the same parcel.

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 03(2024), § 24, 7-16-24)

(a)

Building envelope. A structure shall be deemed nonconforming if the structure fails to conform to the building envelope regulations (e.g., lot coverage, height, or setback requirements) identified in Article II, Table 2-4, Residential District General Development Standards, Table 2-7, Commercial/Industrial Residential District General Development Standards and Article III, Table 3-15, Required Setbacks—Accessory Uses and Structures.

(b)

Changes to, or expansion of, a structure. The addition, enlargement, extension, reconstruction, relocation or structural alteration of a nonconforming structure, may be allowed with minor conditional use permit approval, in compliance with chapter 22.56, (Minor Conditional Use Permits). The hearing officer may approve a minor conditional use permit only if the following findings can be made, in addition to those contained in section 22.56.040 (Findings and decision).

In the case of residential dwelling units with nonconforming setbacks or distance separations to dwelling units on adjoining parcels, a minor conditional use permit shall not be required if the proposed change or expansion meets the following criteria:

(1)

The addition or improvement conforms to all other applicable provisions of this Development Code; and

(2)

An addition to the first floor (i.e., the floor level closest in elevation to the adjacent street grade) or lower levels may have the same side setbacks as the adjoining portion of the existing structure; however, if the existing adjoining side setback is less than five feet, the exterior limits of new construction shall maintain a minimum five-foot setback.

(c)

Findings. The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming:

(1)

Incompatible with other structures in the neighborhood;

(2)

Inconsistent with the general plan or any applicable specific plan;

(3)

A restriction to the eventual/future compliance with the applicable regulations of this Development Code;

(4)

Detrimental to the health, safety and general welfare of persons residing in the neighborhood; and

(5)

Detrimental and/or injurious to property and improvements in the neighborhood.

(d)

Nonconforming due to parking. A nonconforming structure, rendered nonconforming due to lack of compliance with current standards regarding off-street parking, may undergo changes in compliance with section 22.68.030 (Restrictions on nonconforming structures), above, without the approval of a conditional use permit, subject to the following provisions:

(1)

Residential uses. Additional parking spaces or driveway paving shall not be required provided the change does not result in an increase in the number of dwelling units within the structure, nor the elimination of the only portion of the parcel which can be used for the required/existing vehicle parking or access; or

(2)

Nonresidential uses. Structures with parking space deficiencies shall be permitted to be occupied by new allowed uses provided that:

a.

The new use has the same or lesser parking requirement as the existing or previous use;

b.

The new use has a greater requirement than the existing or previous use and a sufficient number of additional parking spaces have been provided to accommodate the increased number of required spaces; or

c.

The new use will be underparked by 25 percent or more and a parking study has been prepared to determine the required number of parking spaces.

(e)

Maintenance and repair. A nonconforming structure may undergo maintenance and repairs in the following manner:

(1)

Minor. Minor normal maintenance and repairs to a nonconforming structure:

a.

Provided no structural alterations are made (exception: see subsection (b)(4), above), and the work does not exceed 25 percent of the current appraised/ replacement value of the structure as shown in the county assessor's records in a one-year period; and

b.

When required structural alteration work exceeds 25 percent of the current appraised/replacement value of the structure, as shown in the county assessor's records, subject to the approval of the hearing officer in compliance with chapter 22.56 (Minor Conditional Use Permits).

(2)

Major. Major repairs to a nonconforming structure, when the cost of repairing or replacing the damaged portion of the structure exceeds 50 percent of the current appraised/replacement value of the structure, as shown in the county assessor's records, before damage or destruction, in compliance with section 22.68.050(b)(2) (Termination by destruction), below.

(f)

Seismic retrofitting; building code compliance. Repairs or alterations required by law shall be allowed. Reconstruction required to reinforce unreinforced masonry structures or to comply with building code requirements shall be allowed without cost limitations. The seismic retrofitting and code compliance shall be limited exclusively to compliance with earthquake safety standards and other applicable building code requirements, including, state law (e.g., Title 24, California Code of Regulations, etc).

(g)

Other modifications allowed. The addition, enlargement, extension, reconstruction, or structural alteration of a nonconforming structure may be allowed provided the modification(s) is necessary to secure added safety or to reduce the fire hazard and/or to secure aesthetic advantages through the alignment, architecture, or closer conformity to surrounding allowed structures in the immediate neighborhood, with minor conditional use permit approval in compliance with chapter 22.56 (Minor Conditional Use Permits).

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 02(2000), 4-4-00; Ord. No. 04(2001), § 5, 11-20-01; Ord. No. 02(2003), 9-16-03; Ord. No. 04(2012), § 16, 4-17-12; Ord. No. 03(2017), § 7, 5-2-17; Ord. No. 03(2024), § 25, 7-16-24)

Single and multifamily residential dwelling units damaged or destroyed due to a catastrophic event may be reconstructed or replaced provided:

(1)

Development standards. The new structure(s) shall use the same development standards originally applied to the damaged or destroyed structure(s) (e.g., building envelope and footprint standards), in compliance with state law (Government Code § 65863.4); and

(2)

Building and fire code compliance. The new construction shall comply with the current building and fire code requirements.

(Ord. No. 02(1998), § 2, 11-3-98)

(a)

Termination by discontinuance.

(1)

If a nonconforming use of land or a nonconforming use of a conforming structure is discontinued for a continuous period of at least 180 days or more, rights to a legal nonconforming status shall terminate, regardless of the owner's intention to abandon.

(2)

The determination of abandonment shall be supported by evidence, satisfactory to the director (e.g., the actual removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, the turning-off of the previously connected utilities, or where there are no business receipts/records available to provide evidence that the use is in continual operation).

(3)

Without further action by the city, further use of the site or structure shall comply with all of the regulations of the applicable zoning district and all other applicable provisions of this Development Code.

(b)

Termination by destruction. If a nonconforming structure, or a conforming structure used for a nonconforming use, is damaged, destroyed or demolished, the right to continue occupancy of the nonconforming structure, or to continue the nonconforming use shall cease; provided however, that the structure may be repaired or rebuilt and reoccupied only as follows:

(1)

If the cost of repairing or replacing the damaged portion of the structure does not exceed 50 percent of the current appraised/replacement value of the structure, as shown in the county assessor's records, immediately before damage or destruction, the structure may be restored and the use continued if the restoration is started within one year of the date of damage or destruction and is diligently pursued to completion; and

(2)

If the cost of repairing or replacing the damaged portion of the structure does exceed 50 percent of the current appraised/replacement value of the structure, as shown in the county assessor's records, immediately before damage or destruction, a minor conditional use permit, in compliance with chapter 22.56, shall be required to authorize the restoration of the structure and continue the use.

(Ord. No. 02(1998), § 2, 11-3-98)

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

(1)

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

(2)

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

(3)

Variance or lot line adjustment. The parcel was approved through the variance procedure, in compliance with chapter 22.54 (Variances) or resulted from a lot line adjustment; or

(4)

Partial government acquisition. The parcel was created in compliance with the provisions of this Development Code, but was made nonconforming when a portion of the parcel was acquired by a governmental entity so that the parcel size is decreased not more than 20 percent and the yard facing a public right-of-way was decreased not more than 50 percent.

Where structures have been erected on a nonconforming parcel, the area where structures are located shall not be later divided so as to reduce the building site area and/or frontage below the requirements of the applicable zoning district or other applicable provisions of this Development Code, or that makes the use of the parcel more nonconforming.

(Ord. No. 02(1998), § 2, 11-3-98)

A use existing at the time of adoption of this Development Code, in a zoning district that allows the use subject to the granting of a conditional use permit, shall be deemed a conforming use, but only to the extent that it previously existed (e.g., maintain the same site area boundaries, hours of operation, etc.).

(Ord. No. 02(1998), § 2, 11-3-98)

A use in existence by virtue of a conditional use permit issued in compliance with the regulations in effect at the time of application for a land use activity which, under the new regulations is not allowable by conditional use permit, may continue, but only in compliance with the provisions and terms of the original conditional use permit. If the conditional use permit specified a termination date, then the use shall terminate in compliance with the original permit.

(Ord. No. 02(1998), § 2, 11-3-98)

Uses and structures which did not comply with the applicable provisions of this Development Code or prior planning and zoning regulations when established are violations of this Development Code and are subject to the provisions of chapter 22.78 (Enforcement). No right to continue occupancy of property containing an illegal use or structure is granted by this chapter. The activity shall not be allowed to continue unless/until permits and entitlements required by this Development Code and the Municipal Code are first obtained.

(Ord. No. 02(1998), § 2, 11-3-98)

This chapter provides procedures for the amendment of the general plan, this Development Code, and the zoning map. A general plan amendment may include revisions to strategies, goals, land use designations, objectives, or text. Amendments to this Development Code may modify any procedures, provisions, requirements, or standards, applicable to the development and/or use of property within the city. Zoning map amendments have the effect of rezoning property from one zoning district to another.

(Ord. No. 02(1998), § 2, 11-3-98)

Upon receipt of a complete application to amend the general plan, this Development Code, or the zoning map, or on initiation by the director, commission, or council, and following department review, public hearings shall be set before the commission and council. Notice of the hearings shall be given in compliance with chapter 22.72 (Public Hearings).

(Ord. No. 02(1998), § 2, 11-3-98)

The commission shall make a written recommendation to the council whether to approve, approve in modified form, or disapprove the proposed amendment, based on section 22.70.050 (Adoption of amendment), below.

(Ord. No. 02(1998), § 2, 11-3-98)

Upon receipt of the commission's recommendation, the council shall approve, approve in modified form, or disapprove the proposed amendment, based on section 22.70.050 (Adoption of amendment), below.

If the council proposes to adopt a substantial modification to the amendment not previously considered by the commission during its hearings, the proposed modification shall be first referred back to the commission for its recommendation, in compliance with state law (Government Code § 65356, General Plan Amendments and § 65857, Development Code/Zoning Map Amendments).

(Ord. No. 02(1998), § 2, 11-3-98)

The council shall adopt an amendment to the general plan, this Development Code, or the zoning map only if it finds that the proposed amendment is internally consistent with the general plan and other adopted goals and policies of the city.

(Ord. No. 02(1998), § 2, 11-3-98)

(a)

Purpose. An unincorporated property within the city's sphere of influence may be prezoned for the purpose of determining the zoning that will apply to the property in the event of subsequent annexation to the city. The initiation and the procedures for the prezoning shall be the same procedures which govern the rezoning of property within the city.

Upon the effective date of annexation of property which has been prezoned in compliance with this section, the zoning designation shall become the official zoning designation for the property and shall be so designated on the city's official zoning map.

(b)

Commission action on prezoning. The commission shall make a written recommendation to the council whether to approve, approve in modified form, or disapprove the proposed prezoning, based on section 22.70.050 (Adoption of amendment), above.

(c)

Council action on prezoning. Upon receipt of the commission's recommendation, the council shall approve, approve in modified form, or disapprove the proposed prezoning based on section 22.70.050 (Adoption of amendment), above.

If the council proposes to adopt a substantial modification to the prezoning not previously considered by the commission during its hearings, the proposed modification shall be first referred back to the commission for its recommendation, in compliance with state law (Government Code § 65857).

(Ord. No. 02(1998), § 2, 11-3-98)

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

(Ord. No. 02(1998), § 2, 11-3-98)

(a)

Content of notice. Notice of a public hearing shall include: the date, time and place of the hearing; the name of the hearing body; a general explanation of the matter to be considered; and a general description, in text or by diagram, of the location of the property that is the subject of the hearing.

If a proposed negative declaration or final environmental impact report has been prepared for the project in compliance with the city's CEQA guidelines, the hearing notice shall include a statement that the hearing body will also consider approval of the proposed negative declaration or certification of the final environmental impact report.

(b)

Method of notice distribution. Notice of a public hearing required by this chapter for a land use permit, amendment, or appeal shall be given as follows, as required by state law:

(1)

Notice shall be published at least once in a local newspaper of general circulation in the city at least ten days before the hearing;

(2)

Notice shall be posted, at least ten days before the hearing, in the following manner:

a.

On the subject parcel, on a display board measuring at least four foot by six foot. The applicant is responsible for the preparation, installation, maintenance and removal of the display board. The display board shall be removed no later than three days after the date of the scheduled public hearing has concluded.

b.

In at least three public places in the area of the property which is the subject of the hearing.

(3)

Notice shall be mailed or delivered at least ten days before the hearing to:

a.

The owner(s) of the property being considered or the owner's agent, and the applicant;

b.

Each local agency expected to provide water, schools or other essential facilities or services to the project, whose ability to provide the facilities and services may be significantly affected;

c.

All owners of real property as shown on the county's latest equalized assessment roll within the following radii of the subject property (see Table 5-1); and

TABLE 5-1
NOTICE REQUIREMENTS

d.

A person who has filed a written request for notice with the director and has paid the fee set by the most current city's fee resolution for the notice.

(c)

Alternative notice. If the number of property owners to whom notice would be mailed is more than 1,000, the director may choose to provide the alternative notice allowed by state law.

(d)

Additional notice. In addition to the types of notice required by subsection (b) above, the director may provide additional notice with content or using a distribution method as the director determines is necessary or desirable (e.g., on the Internet).

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 02(2001), § 26, 11-6-01)

The director/hearing officer may announce and record the decision at the conclusion of a scheduled hearing, refer the matter to the commission for determination, or defer action and announce and record the decision at a later date. The decision shall contain applicable findings, any conditions of approval and reporting/monitoring requirements deemed necessary to mitigate impacts and protect the public health, safety and welfare of the city. Following the hearing, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown on the application.

(Ord. No. 02(1998), § 2, 11-3-98)

The commission may announce and record the decision at the conclusion of a scheduled hearing or defer action and take specified items under advisement and announce and record the decision at a later date. The decision shall contain applicable findings, any conditions of approval and reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public health, safety and welfare of the city. Following the hearing, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown on the application.

(Ord. No. 02(1998), § 2, 11-3-98)

The decision of the director, hearing officer, or commission is final unless appealed in compliance with chapter 22.74 (Appeals).

(Ord. No. 02(1998), § 2, 11-3-98)

At the conclusion of a public hearing on a proposed amendment to the general plan, this Development Code, the zoning map, a specific plan or a prezoning, the commission shall forward a recommendation, including all required findings, to the council for final action. Following the hearing, a notice of the commission's recommendation shall be mailed to the applicant at the address shown on the application.

(Ord. No. 02(1998), § 2, 11-3-98)

For applications requiring council approval, the council shall announce and record its decision at the conclusion of the public hearing. The decision shall contain the findings of the council, any conditions of approval and reporting/monitoring requirements deemed necessary to mitigate impacts and protect the public health, safety and welfare of the city.

(Ord. No. 02(1998), § 2, 11-3-98)

This chapter provides procedures for the following:

(1)

The council's review of a decision rendered by the commission; and

(2)

The filing of an appeal of a decision rendered by the director, hearing officer, or commission.

(Ord. No. 02(1998), § 2, 11-3-98)

The council may choose to review a decision rendered by the commission. A member of the council may request the opportunity to discuss any decision rendered by the commission; however, a majority vote of the council is required to initiate an appeal of the commission's decision. Once the vote to initiate an appeal is passed by a majority, the matter shall be set for hearing by the city clerk. The decision of the council on the appeal shall be final and shall become effective upon adoption of the resolution by the council.

(Ord. No. 02(1998), § 2, 11-3-98)

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

(1)

Director and hearing officer appeals. A decision rendered by the director or hearing officer may be appealed to the commission except that a decision by the director pursuant to section 22.42.135 related to small wireless facilities may be appealed to the city manager; and

(2)

Commission appeals. A decision rendered by the commission may be appealed to the council.

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 02(2021), § III, 9-21-21)

(a)

Timing and form of appeal. Appeals shall be submitted in writing and filed with the department or city clerk, as applicable, on a city application form, within ten days after the date the decision is rendered by the director or the adoption of the resolution by the hearing officer or commission. The appeal shall specifically state the pertinent facts of the case and the basis for the appeal. Appeals addressed to the commission or city manager shall be filed with the department, while appeals addressed to the council shall be filed with the city clerk. Appeals shall be accompanied by the filing fee set by the city's fee resolution.

(b)

Report and scheduling of hearing. When an appeal has been filed, the director shall prepare a report on the matter, and schedule the matter for consideration by the appropriate appeal body identified in subsection (a), above. Appeals to the council shall appear on the council's soonest available, regularly scheduled, meeting agenda.

(c)

Action. If the matter originally required a noticed public hearing, the department or city clerk, as applicable, shall notice the hearing in compliance with section 22.72.020 (Notice of hearing). At the hearing, the appeal body may consider any issue involving the matter that is the subject of the appeal, in addition to the specific grounds for the appeal.

(1)

The appeal body may, by resolution, affirm, affirm in part, or reverse the action, the decision or determination that is the subject of the appeal.

(2)

When reviewing an appeal, the appeal body may adopt additional conditions of approval, that may address other issues or concerns than the subject of the appeal.

(3)

If new or different evidence is presented on appeal, the commission or council, may, but shall not be required to, refer the matter to the director, hearing officer, or commission for further consideration.

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 02(2021), § IV. 9-21-21)

This chapter provides procedures for securing revocation or modification of previously approved applications, permits and entitlements.

(Ord. No. 02(1998), § 2, 11-3-98)

(a)

Hearings and notice. The appropriate review authority shall hold a public hearing to revoke or modify an application, permit or entitlement granted in compliance with the provisions of this Development Code. Ten days before the public hearing (except for temporary use permits), notice shall be delivered in writing to the applicant and/or owner of the property for which the permit was granted. Notice shall be deemed delivered two days after being mailed, first class postage paid, to the owner as shown on the county's current equalized assessment roll and to the project applicant, if not the owner of the subject property.

(b)

Review authority action.

(1)

Permit revocation or modification. A land use permit or entitlement may be revoked or modified by the review authority (e.g., director, hearing officer, commission, or council) which originally approved the permit or entitlement, or the equivalent city review authority, for permits or entitlements originally approved under the county's authority, if any one of the following findings can be made and/or in addition to the findings under (b)(2):

a.

Circumstances have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be made and/or the public health, safety and welfare require the revocation or modification;

b.

The permit was obtained by misrepresentation or fraud;

c.

The use or improvement authorized in compliance with the permit has not been established in a timely manner and a time extension is not warranted;

d.

That one or more of the conditions of the permit have not been met or have been violated;

e.

The use, structure or construction for which the permit was granted has ceased to exist or has been suspended for at least six months, as defined in section 22.68.050(a) (Loss of nonconforming status);

f.

The improvement authorized in compliance with the permit is in violation of any code, law, ordinance, regulation or statute; or

g.

The improvement/use allowed by the permit has become detrimental to the public health, safety or welfare, or the use operates in a manner which constitutes a nuisance.

(2)

Minor variance or variance revocation/modification. A minor variance or variance may be revoked or modified by the review authority which originally approved the minor variance or variance, if any one of the following findings can be made, in addition to those outlined in subsection (b)(1), above:

a.

Circumstances have been changed by the applicant to a degree that one or more of the findings contained in the original approval can no longer be made, and the grantee has not substantially exercised the rights granted by the minor variance or variance; or

b.

That one or more of the conditions of the minor variance or variance have not been met, or have been violated, and the grantee has not substantially exercised the rights granted by the minor variance or variance.

(Ord. No. 02(1998), § 2, 11-3-98)

This chapter provides procedures which are intended to ensure compliance with the requirements of this Development Code and the conditions of land use permit approval.

(Ord. No. 02(1998), § 2, 11-3-98)

(a)

Public nuisance. Any use, structure, or property which is altered, enlarged, erected, established, maintained, moved or operated, contrary to the provisions of this Development Code or any applicable condition of approval, is hereby declared to be unlawful and a public nuisance, and shall be subject to the remedies and penalties specified in the Municipal Code, including this chapter.

(b)

Infraction/misdemeanor. Any person, partnership, firm or corporation, whether as principal, agent, employee or otherwise, violating or failing to comply with any provision(s) of this Development Code or a condition imposed on any development permit, entitlement, map, or license, shall be guilty of an infraction on each separate day the violation or failure to comply exists, except as otherwise specified herein; provided that a person responsible for these violations who has previously been convicted three or more times during a 12-month period for any other violation(s) of this Development Code shall be guilty of a misdemeanor.

(c)

Stop work order. Construction in violation of this Development Code or a condition(s) imposed on a permit shall be subject to the issuance of a "stop work order." A violation of a stop work order shall constitute a misdemeanor.

(Ord. No. 02(1998), § 2, 11-3-98)

All remedies contained in this Development Code for the handling of violations or enforcement of the provisions of this Development Code shall be cumulative and not exclusive of any other applicable provisions of city, county, state or federal law.

If a person is found guilty and convicted of an infraction or misdemeanor for the violation of any provision of this Development Code, the conviction shall not prevent the city from pursuing any other available remedy(s) to correct the violation.

(Ord. No. 02(1998), § 2, 11-3-98)

Every applicant seeking an application, permit or any other action in compliance with this Development Code shall allow appropriate city officials access to any premises or property which is the subject of the application. If the permit or other action, in compliance with this Development Code, is approved, the owner or applicant shall allow appropriate city officials access to the premises to determine continued compliance with the approved permit and/or any conditions of approval.

Failure to allow inspections for compliance shall automatically make all permits and approvals void.

(Ord. No. 02(1998), § 2, 11-3-98)

This section describes the procedures for initiating enforcement action in cases where the director has determined that property within the city is being used, maintained or allowed to exist in violation of the provisions of this Development Code. It is the objective of these provisions to encourage the voluntary cooperation of responsible parties in the prompt correction of violations, so that other enforcement measures, provided by this section, may be avoided.

(1)

Notice to responsible parties. The director shall provide the record owner of the subject site and any person in possession or control of the site with a written notice of violation, which shall include the following information:

a.

A time limit for correcting the violation, in compliance with subsection (2), below;

b.

A statement that the city intends to charge the property owner for all administrative costs associated with the abatement of the violation(s), in compliance with section 22.78.070 (Recovery of costs), and/or initiate legal action as described in section 22.78.060 (Legal remedies); and

c.

A statement that the property owner may request and be provided a meeting with the director to discuss possible methods and time limits for the correction of the violations.

(2)

Time limit for correction. The notice of violation shall state that the violation shall be corrected within ten days from the date of the notice to avoid further enforcement action by the city, unless the responsible party contacts the director within that time to arrange for a longer period for correction. The director may approve a time extension where it is determined that the responsible party will likely correct the violation within a reasonable time.

If the director determines that the violation constitutes a hazard to public health or safety, or if deemed appropriate, the director may require immediate corrective action.

(3)

Use of other enforcement procedures. The enforcement procedures of section 22.78.060 (Legal remedies) may be employed by the director after or instead of the provisions of this section where the director determines that this section would be ineffective in securing the correction of the violation within a designated period of time.

(Ord. No. 02(1998), § 2, 11-3-98)

The city may choose to undertake any of the following legal actions to correct and/or abate nuisances or violations of this Development Code:

(1)

Civil actions.

a.

Injunction. At the request of the council, on recommendation of the director, the city attorney may apply to a court of competent jurisdiction for injunctive relief to terminate a violation of this Development Code.

b.

Abatement. Where a person, firm or corporation fails to abate a violation after being provided a notice of violation in compliance with section 22.78.050(1) (Notice to responsible parties) and the opportunity to correct or end the violation, the council, on recommendation of the director, may request the city attorney to apply to a court of competent jurisdiction for an order authorizing the city to undertake actions necessary to abate the violation and requiring the violator to pay for the cost of the actions.

(2)

Civil remedies and penalties.

a.

Civil penalties. Any person who willfully violates the provisions of this Development Code, or a permit issued in compliance with this Development Code, shall be liable for a civil penalty not to exceed the maximum amount allowed by law for each day that the violation continues to exist.

a.

Costs and damages. Any person violating any provisions of this Development Code, or permits issued in compliance with this Development Code, shall be liable to the city for the costs incurred and the damages suffered by the city, its agents and agencies as a direct result of the violations. Costs shall include, but not be limited to, city staff costs, attorney fees, expert fees and court costs.

c.

Procedure. In determining the amount of the civil penalty to impose, the court shall consider all relevant circumstances, including the following:

1.

The extent of the harm caused by the conduct constituting a violation;

2.

The nature and persistence of the conduct;

3.

The length of time over which the conduct occurred;

4.

The assets, liabilities and net worth of the defendant, whether corporate or individual; and

5.

The corrective action taken by defendant.

(3)

Criminal actions and penalties.

a.

A person violating provisions of this Development Code, or a permit issued in compliance with this Development Code, shall be guilty of an infraction or a misdemeanor, in compliance with section 22.78.060(3)b., below, and upon conviction thereof, shall be punishable by a fine not exceeding those specified in the Municipal Code, chapter 1.04.

b.

An offense that would otherwise be an infraction may, at the discretion of the city attorney, be filed as a misdemeanor if the defendant has previously been convicted three or more times during a 12-month period for any other violation(s) of this Development Code.

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 04(2011), § 2, 7-5-11)

This section establishes procedures for the recovery of administrative costs (e.g., staff, legal, etc.), including staff time expended in the enforcement of the provisions of this Development Code, in cases where no permits are required to correct a violation. The intent of this section is to recover city administrative and legal costs reasonably related to the required enforcement action(s).

(1)

Record of costs. The department shall maintain records of all administrative costs, incurred by responsible city departments, associated with the processing of violations and enforcement of this Development Code, and shall recover the costs from the property owner, in compliance with this section. Staff time shall be calculated at an hourly rate established and revised from time to time by the council. Attorney and expert time shall be based on the hourly rates paid by the city for those services.

(2)

Notice. Upon investigation and a determination that a violation of a provision(s) of this Development Code is found to exist, the director shall send a notice to the record owner, or any person having possession or control of the property, and post a copy of the notice on the subject property, specifying the existence of the violation. The notice shall also specify the department's intent to charge the property owner for all administrative costs associated with enforcement and of the owner's right to a hearing on any objections they may have. The notice shall be in a form approved by the city attorney.

(3)

Summary of costs and notice. At the conclusion of the case, the director shall send a summary of costs associated with enforcement to the owner and/or person having possession or control of the property by certified mail. The summary shall include a notice, in a form approved by the city attorney, advising the responsible party of their right to request a hearing on the charges for city cost recovery within ten days of the date of the notice, and that if no request for hearing is filed, the responsible party will be liable for the charges.

In the event that no request for hearing is timely filed or, after a hearing during which the director affirms the validity of the costs, the property owner and/or person in control shall be liable to the city in the amount stated in the summary or any lesser amount determined by the director. These costs shall be recoverable in a civil action in the name of the city, in a court of competent jurisdiction within the county.

(4)

Request for hearing on costs. A property owner, and/or other person having possession or control of the subject property, who receives a summary of costs shall have the right to a hearing before the director on their objections to the proposed costs.

a.

A request for hearing shall be filed with the department within ten days following the date of service of the department's summary of costs, on a form provided by the department.

b.

Within 30 days of the filing of the request, and on ten days written notice to the owner, the director shall hold a hearing on the owner's objections and determine their validity.

c.

In determining the validity of the costs, the director shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered include the following:

1.

Whether the present owner created the violation(s);

2.

Whether there is a present ability to correct the violation(s);

3.

Whether the owner moved promptly to correct the violation(s);

4.

The degree of cooperation provided by the owner; and

5.

Whether reasonable minds can differ as to whether a violation(s) exists.

d.

The director's decision shall be appealable to the council, in compliance with chapter 22.74 (Appeals).

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 04(2011), § 3, 7-5-11)

A person who establishes a land use, or alters, constructs, enlarges, erects, maintains or moves a structure without first obtaining a permit required by this Development Code, shall pay the additional permit processing fees established by the city's fee resolution for the correction of the violation(s), before being granted a permit for a use or structure on the site.

(Ord. No. 02(1998), § 2, 11-3-98)

(a)

A reinspection fee shall be imposed on each person who receives a notice of violation, notice and order or letter of correction of any provision of the Municipal Code, adopted building code or state law. The fee amount shall be established by the city's fee resolution. The fee may be assessed for each inspection or reinspection conducted when the particular violation for which an inspection or reinspection is scheduled is not fully abated or corrected as directed by, and within the time and manner specified in, the notice or letter.

The fee shall not apply to the original inspection to document the violations and shall not apply to the first scheduled compliance inspection made after the issuance of a notice or letter, whether or not the correction has been made.

(b)

If a notice or letter has been previously issued for the same violation and the property has been in compliance with the provisions of this Development Code or the Municipal Code for less than six months, the violation shall be deemed a continuation of the original case and all inspections or reinspections, including the first inspection for the repeated offense, shall be charged a reinspection fee. This fee is intended to compensate for administrative costs for unnecessary city inspections, and not as a penalty for violating this Development Code or the Municipal Code.

Any reinspection fee(s) imposed shall be separate and apart from any fines or penalties imposed for violation of this Development Code or the Municipal Code, or costs incurred by the city for the abatement of a public nuisance.

(Ord. No. 02(1998), § 2, 11-3-98)