El Monte City Zoning Code

Division 12

Applications and Permits

CHAPTER 17.120 - ZONING CLEARANCES AND BUSINESS PERMITS[4]

Footnotes:

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Editor's note— Ord. No. 3023, § 4.B(Exh. B), adopted May 2, 2023, repealed the former Ch. 17.120, §§ 17.120.010—17.120.070, and enacted a new Ch. 17.120 as set out herein. The former Ch. 17.120 pertained to zoning clearances and administrative permits and derived from Ord. No. 3011, § 3(Exh. B), adopted June 21, 2022.

17.120.010 - Purpose.

Zoning clearances are ministerial acts that ensures developments are consistent with the city's general plan and this title. Zoning clearances are intended to implement architectural standards, site planning, circulation, landscaping and other zoning and planning policies. Director level zoning clearances are intended to ensure adjacent properties are not negatively impacted by any secondary effects of the proposed activity. Business occupancy permits are also ministerial acts that ensure new uses and changes to existing uses comply with this title.

(Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.120.020 - Applicability.

Staff Level Zoning Clearances. Approval of a staff level zoning clearance shall be received prior to obtaining any other planning or building permit or prior to commencing work. Specifically, a zoning clearance shall be required for any of the following:

Automated Teller Machine (ATM);

Building murals;

Buildings and structures, including new construction, additions or conversions;

Decks that are more than two (2) feet above the adjacent grade at any point;

Exterior mounted security bars for nonresidential uses, for existing buildings only (constructed prior to January 1, 2022) and when there is no option to locate them in the interior of the building. The bars shall be retractable during business hours and they shall be decorative in style;

Exterior spas, hot tubs, or swimming pools, provided they shall be setback a minimum ten (10) feet from the street side yard. In addition, they shall be setback a minimum fifty (50) feet from the front yard setback, or located within the rear fifty (50) percent of the depth of the lot, whichever is less; and

Fences and walls that are more than two (2) feet above the adjacent grade;

Occupancy of an existing tenant space in a nonconforming multi-tenant commercial or industrial center. This shall only be required when the vacancy of the center is less than fifty (50) percent of the total gross floor area and if the vacancy has been in place for more than one year ¹^[5];

Outdoor seating/dining areas in excess of one hundred twenty (120) square feet in area;

10.

Patio covers, patio enclosures, gazebos, porch or trellis covers, breezeways and similar structures;

11.

Reconstructing or restoring a damaged building or structure.

12.

Self-service (i.e. reverse vending machines) recycling facilities, subject to Section 17.112.150 (Standards for Nonresidential Uses—Recycling Facilities) of this title;

13.

Storage structures and tool sheds in excess of one hundred twenty (120) square feet in area; and

14.

Vending machines.

Director Level Zoning Clearances. Approval of a director level zoning clearance shall be required for any of the following:

Affordable housing density bonus, with or without concessions;

Development Opportunity Reserve (DOR) within the Downtown Specific Plan;

Downtown parking credits;

Large group homes with seven (7) or more residents;

Large residential care homes with seven (7) or more residents;

Small or large collection containers, subject to Section 17.112.060 (Standards for Nonresidential Uses—Collection Containers) of this title;

Small recycling facilities, subject to Section 17.112.160 (Standards for Nonresidential Uses—Recycling Facilities) of this title; and

Other improvements that require approval from the Community Development Director.

Business Occupancy Permits. Approval of a business occupancy permit shall be required for all new home occupation permits, new nonresidential uses, changes to existing nonresidential uses, business name changes and business ownership changes. It may also be required for certain temporary uses.

(Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

Footnotes:

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Note— If the vacancy is greater than 50 percent, the new use shall comply with the zoning district; if the vacancy has for less than one, the use does not need a zoning clearance.

17.120.030 - Exempt projects.

Zoning Clearances. The following projects shall be exempt from a zoning clearance:

Buildings and structures that received application or permit approvals as outlined in any of the following Chapters: 17.122 (Design and Minor Design Review), 17.123 (Conditional and Minor Use Permits), 17.125 (Variance and Minor Variance), 17.126 (Modification for an Individual with a Disability) and/or 17.127 (Planned Residential Development) of this title;

Repainting of buildings or structures provided the color is not fluorescent, luminescent or bright and provided the building colors were not specified under a previously approved land use entitlement;

Landscaping improvements or restorations less than five hundred (500) square feet in area; and

Concrete flatwork that does not cover more than forty (40) percent of the front or street side yard of any residentially zoned or used property.

Business Occupancy Permits. Residential uses and business license renewals shall not require a business occupancy permit.

(Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.120.040 - General procedures.

The rules and procedures for applications, records and investigations applicable to zoning clearance shall be as follows:

Application. Applications for a zoning clearance and business occupancy permit shall be made on the appropriate form. The Community Development Director shall determine the minimum filing procedures, content and form of materials which must be submitted before the Planning Division can review and take action on the request. The filing procedures and applications shall be published and made available to the public. No application shall be received unless it complies with all filing requirements.

Records. Applications filed pursuant to this chapter shall be numbered consecutively in the order of their filing and shall be part of the permanent official records of the Planning Division.

Decisions. The Planning Division or Director of Community Development shall issue a decision letter for a staff level zoning clearance and director level zoning clearance, respectively, within thirty (30) days of deeming the application complete. The Planning Division shall issue or reject a business occupancy permit within ten (10) days of receiving all requested information.

(Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.120.050 - Guidelines.

Zoning Clearances. The Planning Division or Community Development Director shall review the applicable guidelines outlined below, to determine if the request is appropriate:

The proposed improvements will not be detrimental to the public health, safety or welfare or injurious to the subject property or other improvements in the area;

The orientation and location of the buildings or structures are appropriate for the property;

The vehicular and pedestrian circulation on the property allow for the safe movement of people regardless of their mode of travel;

The functionality of the floor plans is superior; and

The scale, character and quality of the improvements are consistent with purpose, goals and policies of the city's general plan, Zoning Code, any applicable specific plan and its comprehensive design guidelines.

Business Occupancy Permits. The Planning Division shall review the applicable guidelines outlined below, to determine if the request is appropriate:

The proposed use or changes to the existing use are clearly defined and permitted in the applicable zoning district;

The proposed use or changes to the existing use will comply with all applicable provisions of this title; and

Conditions of approval have been added to minimize any potential impacts.

(Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.120.060 - Time periods.

The zoning clearances and business occupancy permits shall be valid for twelve (12) months after the date of approval by Planning Division.

If the applicant has proceeded in good faith toward the implementation of the permit granted as determined by the Community Development Director, then the applicant may request a twelve-month extension of the zoning clearance or business occupancy permit. The applicant shall submit the request prior to the expiration date. The extension shall be considered by the Community Development Director within thirty (30) days of the request. No additional extensions shall be permitted.

(Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.120.070 - Appeals.

Planning Division and Community Development Director decisions regarding this chapter are appealable to the Planning Commission. The Planning Commission's decision shall be final. Refer to Section 17.10.100 (General Regulations—Ability to Appeal) of this title for additional information.

(Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.121.010 - Purpose.

Projects should use sound design principles to establish buildings of high quality design consistent with the city's general plan and comprehensive design guidelines. In order to achieve this, the Initial Plan Review process has been established. Through this process, the applicant submits a preliminary site plan, elevations and other items for review by the Planning Division, other city divisions and outside agencies for comments relevant to the proposed project. These comments should then be incorporated as part of the formal application submittal.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022)

17.121.020 - Applicability.

The Planning Division shall review and provide comments on the site configuration, architectural design, signage and landscaping for the following:

New nonresidential buildings greater than five thousand (5,000) square feet in gross floor area;

New drive-thru facilities;

New vehicle car wash facilities, vehicle sales (new and/or used vehicles), vehicle service and repair facilities and vehicle service stations;

New mixed-use projects with multiple-family residential units;

Housing development projects with two (2) new units on a property, including developments with two (2) new urban dwelling units; and

Housing development projects with three (3) or more units that do not meet the eligibility requirements under subsection 17.122.020(C)(8) (Design Review—Applicability) of this title.

The Community Development Director may, at his or her discretion, have the initial plan review requirement waived, provided both of the following apply:

The project was approved and expired within the past three (3) years or the same or substantially similar project went through the Initial Plan Review process within the past three (3) years; and

A general plan or zoning amendment, as defined in Section 17.128.020 (General Plan and Zoning Amendment—Applicability) of this title, has not occurred where the proposed use and/or the proposed site plan and elevations would no longer be permitted.

The Community Development Director may, at his or her discretion, have the initial plan review and entitlement review run concurrently. This shall only occur when the Planning Division and the applicant have had extensive preliminary discussions on the development project prior to the typical submittal period of an initial plan review. In addition, the Community Development Director must find that the site configuration and architectural design are consistent with the city's comprehensive design guidelines.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.121.030 - General procedures.

The rules and procedures for applications, records and investigations applicable to an initial plan review shall be as follows:

Applications. Applications for an initial plan review shall be made on the appropriate form. The Community Development Director shall determine the minimum filing procedures, content and form of materials which must be submitted before Planning Division and other city departments for review and comments. The filing procedures and applications shall be published and made available to the public. No application shall be received unless it complies with all filing requirements.

Records. Applications filed pursuant to this chapter shall be numbered consecutively in the order of their filing and shall be part of the permanent official records of the Planning Division.

Decisions. The Planning Division shall issue a comment letter within ninety (90) days after a complete application is filed.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.121.040 - Time periods.

Comments provided by the Planning Division are advisory and shall not be binding. If a general plan amendment or zoning amendment have been approved by the City Council after the initial plan review comments have been provided, the development project shall comply with the new regulations. In addition, if new fees have been adopted after the initial plan review comments have been provided, the development project shall be subject to the new fees.

An entitlement application should be submitted within three hundred sixty-five (365) days from the date Planning Division comments were provided. After that period, a new Initial Plan Review should be required unless the initial plan review can be waived or run concurrent with other entitlements, subject to subsections 17.121.020(B) and (C) of this chapter.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.122.010 - Purpose.

New construction needs to be compatible and harmonious with the design and uses of surrounding properties. In order to achieve this, the Planning Commission or Community Development Director may grant design review approval for new buildings and additions or remodels to existing buildings, provided the architecture, building materials and landscaping are of high quality and are consistent with the city's comprehensive design guidelines. Conditions of approval may be added to ensure that the spirit and purpose of this title will be observed and that public health, safety and welfare are protected.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022)

17.122.020 - Applicability.

Levels of Review.

Design Review Applications. The Planning Commission shall review and approve, conditionally approve or deny the site configuration, architectural design, signage and landscaping.

Minor Design Review Applications in the Rurban Homesteads Overlay District (RHOD). The Community Development Director shall review and approve, conditionally approve, deny or refer to the Planning Commission the architectural design.

All other Minor Design Review Applications. The Community Development Director shall review and approve, conditionally approve, deny or refer to the Planning Commission the site configuration, architectural design, signage and landscaping.

Thresholds for Review. Tables 17.112-1 and 17.112-2 prescribe the thresholds for design review and minor design review applications.

Thresholds that Conflict. In the event of conflicting thresholds, the more specific threshold shall apply. For example, new buildings over five thousand (5,000) square feet in gross floor area require design review. However, if a new building for a drive-thru is proposed, it would require design review, regardless of the size of the building.

Thresholds are Cumulative. The thresholds identified in this section shall be cumulative over a five-year period. The starting point for the five (5) years shall be when the certificate of occupancy has been issued.

Table 17.122-1—Thresholds for Review

Nonresidential Uses	Planning Division	Minor Design Review	Design Review
Canopy structure, new or additions	≤3,500 sq. ft.	≥3,500 sq. ft. in gross floor area	—
Building, new	<500 sq. ft.	500 sq. ft. to 5,000 sq. ft. in gross floor area	>5,000 sq. ft. in gross floor area
Building, additions	<10% of the gross floor area	10% to 25% of the gross floor area	>25% or 2,500 sq. ft., whichever is greater
Building, increased height	<10% of the roof area	10% to 25% of the roofed area	>25% of the roofed area and visible from a street
Building, exterior remodel	≤25% of elevations	>25% of elevations	—
Conversion, from residential to a nonresidential use	—	New conversion, may expand <50% of the gross floor area	New conversion with an expansion ≥50% of the gross floor area
Billboards	—	—	New, remodel or expansion of an existing
Cannabis activity, commercial	—	New or expansion of an existing	—
Drive-thru facilities	—	Expansion of an existing	New
Pylon signs	≤25 ft. in height	Remodel of existing signs >25 ft. in height (height shall not be increased)	New signs >25 ft. in height
Vehicle retail and service uses ²	—	—	New or expansion of an existing
Residential Uses
1 unit on a lot	All other new or expansion of an existing unit	New or expansion of existing units greater than 1 story in the RHOD	—
2 units on a lot	Expansion of existing units	1 or 2 new units	—
≥3 units on a lot		1 new unit	≥2 new units
Mixed-use with residential or live/work	—	Expansion of existing projects	All new projects
Certain special housing projects ³	—	All new units and expansion of existing units	—

Notes:

² Shall not include vehicle parts and accessory store or vehicle rental when they are the primary use.

³ Certain special housing projects shall include the following: 1) "Housing Development Projects" as defined by the Housing Accountability Act (Section 65589.5(h)(2) of the California Government Code); 2) housing projects with more than 10 units where a minimum 20% are designed for lower-income or very-low income households as defined in Sections 50079.5 and 50105, respectively, of the California Health and Safety Code; 3) affordable housing in commercial areas as defined in Chapter 17.150 of this title; 4) corridor housing as defined in Chapter 17.150 of this title; and 5) religious institutions housing as defined in Chapter 17.150 of this title.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.122.030 - General procedures.

Applications. Applications for a design review permit shall be made on the appropriate form. The Community Development Director shall determine the minimum filing procedures, content and form of materials which must be submitted before the Planning Commission or director can review and take action on the request. The filing procedures and applications shall be published and made available to the public. No application shall be received unless it complies with all filing requirements. Refer to Section 17.10.080 (General Regulations—Projects with Multiple Applications or Actions) of this title if more than one entitlement or action is needed for the project.

Records. Applications filed pursuant to this chapter shall be numbered consecutively in the order of their filing and shall be part of the permanent official records of the Planning Commission.

Public Notices.

Design Review and Minor Design Review applications as listed in Subsections 17.122.020(A)(1) and (A)(2), respectively, of this chapter. Public notices shall be provided and processed in a manner consistent with the provisions of Section 65090 and/or 65091 of the California Government Code as required, and shall be given by the method specified as follows:

Publish a notice once in a newspaper of general circulation in the city a minimum ten (10) days prior to each public hearing. The notice shall include the date, time, place of hearing and location of the property and the nature of the request.

Mail a notice, postage prepaid, to the applicant and to owners of all properties within a specified radius. Such notice shall be mailed a minimum ten (10) days prior to each public hearing or director-level decision. The applicant shall use the last known name and address of such owners as shown upon the last assessment roll of the city:

For design review applications, the mailing radius shall be five hundred (500) feet of the exterior boundaries of the subject property. The Community Development Director may direct the applicant to increase the mailing radius, but in no event shall it be greater than seven hundred (700) feet.

ii.

For minor design review applications, the mailing radius shall be three hundred (300) feet of the exterior boundaries of the subject property.

Post the Property. A minimum of one notice shall be posted along each street frontage. The posting shall be placed in the ground or on a fence, wall or building façade that is set back no more than ten (10) feet from the street property line.

Minor Design Review applications as listed in subsection 17.122.020(A)(3) of this chapter. Public notices shall not be required.

Public Hearings and Decisions.

Design review and minor design review applications as listed in subsection 17.122.020(A) of this chapter. Public hearings as provided for in this chapter shall be held before the Planning Commission at the time and place for which public notice has been given as before required in this chapter. The Planning Commission shall make its decision by resolution.

Minor design review applications as listed in subsection 17.122.020(B) of this chapter. Public hearings shall not be required. However, the public shall be given an opportunity to provide comments a minimum of ten (10) days prior to the Community Development Director making a decision. The Community Development Director shall issue a decision letter within thirty (30) days of deeming the application complete.

Minor design review applications as listed in subsection 17.122.020(C) of this chapter. Public hearings shall not be required. The Community Development Director shall issue a decision letter within thirty (30) days of deeming the application complete.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.122.040 - Necessary findings.

Before a design review or minor design review approval may be granted, the Planning Commission or Community Development Director shall make all of the following findings, unless otherwise noted:

The design review or minor design review will not be detrimental to the public health, safety or welfare or injurious to the subject property or other improvements in the vicinity;

The architectural design provides a desirable environment for its occupants, neighbors and visitors through its careful placement of building mass and its use of materials, textures and colors and will remain appealing through ongoing maintenance;

The site plan and layout incorporate measures to encourage and protect alternative modes of transportation such as pedestrians, bicyclists and transit riders (only required when the proposed project includes a new site plan or revisions to an existing site plan);

The landscaping, including the location, type, size, quantity and maintenance, complies with Chapter 17.72 (Landscaping Requirements) and Chapter 17.74 (Water Efficiency) of this title (only required when landscaping is proposed or required); and

The design review or minor design review is consistent with purpose, goals and policies of the city's general plan, zoning code, any applicable specific plan and its comprehensive design guidelines.

For a project that is defined as a "Housing Development Project" by the Housing Accountability Act (Section 65589.5(h)(2) of the California Government Code), the reviewing body must approve or conditionally approve Design Review unless it makes one of the following findings supported by a preponderance of the evidence in the record:

The project does not comply with all applicable objective general plan, zoning, subdivision and development standards including objective design review standards.

The project would result in a specific adverse impact to public health and safety that cannot be feasibly mitigated without denying the project or reducing its density.

As used in subsection F above, a "specific, adverse impact" is defined by California Government Code Section 65589.5(j) and means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.122.050 - Time periods.

The design review or minor design review shall be valid for two (2) years after the effective date of approval by the Planning Commission or Community Development Director.

If the applicant has proceeded in good faith toward the implementation of the design review or minor design review, as determined by the Community Development Director, the applicant may request a twelve-month extension. The applicant shall submit the request prior to the expiration date. The extension shall be considered by the Community Development Director within thirty (30) days of the request. The applicant may request additional extensions, which shall be considered by the Planning Commission.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.122.060 - Appeals.

Planning Commission decisions regarding this chapter are appealable to the City Council. Community Development Director decisions regarding this chapter are appealable to the Planning Commission and ultimately, the City Council. Refer to Section 17.10.100 (General Regulations—Ability to Appeal) of this title for additional information. For decisions that may be appealed by the public, the effective date of the decision shall not commence until the deadline to appeal has expired.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.123.010 - Purpose.

When certain uses of this title may have potential negative impacts or need to be looked at on a case-by-case basis, the Planning Commission or Zoning Review Committee may grant a conditional use permit or minor use permit, respectively. Conditions of approval may be added to ensure that the spirit and purpose of this title will be observed and that public health, safety and welfare are protected.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022)

17.123.020 - Applicability.

Refer to Chapter 17.A (Matrix of Permitted Uses) of this title for comprehensive lists of uses that require the approval of a conditional use permit and minor use permit. Conditional use permit applications shall be reviewed by the Planning Commission and minor use permit applications shall be reviewed by the Zoning Review Committee.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022)

17.123.030 - General procedures.

The rules and procedures for applications, records, investigations, notices and public hearings applicable to conditional use permits and minor use permits shall be as follows:

Applications. Applications for a conditional use permit or minor use permit shall be made on the appropriate form. The Community Development Director shall determine the minimum filing procedures, content and form of materials which must be submitted before the Planning Commission or Zoning Review Committee can review and take action on the request. The filing procedures and applications shall be published and made available to the public. No application shall be received unless it complies with all filing requirements. Refer to Section 17.10.080 (General Regulations—Projects with Multiple Applications or Actions) of this title if more than one entitlement or action is needed for the project.

Records. Applications filed pursuant to this chapter shall be numbered consecutively in the order of their filing and shall be part of the permanent official records of the Planning Commission.

Public Notices. Public notices shall be provided and processed in a manner consistent with the provisions of Section 65090 and/or 65091 of the California Government Code as required, and shall be given by the methods specified as follows:

Mail a notice, postage prepaid, to the applicant and to owners of all properties within a specified radius. Such notice shall be mailed a minimum ten (10) days prior to each public hearing. The applicant shall use the last known name and address of such owners as shown upon the last assessment roll of the city.

For conditional use permit applications for the following uses, the mailing radius shall be seven hundred (700) feet of the exterior boundaries of the subject property:

Boarding or rooming houses with seven (7) or more residents;

ii.

Community care facility with seven (7) or more residents;

iii.

Correctional facilities in accordance with Section 17.112.070 (Standards for Nonresidential Uses—Correctional Facilities) of this title;

iv.

Emergency shelter (twenty-five (25) or more occupants/beds) in accordance with Section 17.112.090 (Standards for Residential Uses—Emergency Shelters) of this title; and

Massage establishments.

For all other conditional use permit applications, the mailing radius shall be five hundred (500) feet of the exterior boundaries of the subject property. The Community Development Director may direct the applicant to increase the mailing radius, but in no event shall it be greater than seven hundred (700) feet.

For conditional use permit applications for new industrial construction over five thousand (5,000) square feet and within one hundred fifty (150) feet of a residential zoning district, notices shall also be mailed to all residents within one hundred fifty (150) feet of the property.

For minor use permit reviews, the mailing radius shall be three hundred (300) feet of the exterior boundaries of the subject property.

Public Hearings. Public hearings, as provided for in this chapter, shall be held before the Planning Commission for conditional use permits and the Zoning Review Committee for minor use permits.

Decisions. The Planning Commission shall make its decision by resolution. The Zoning Review Committee shall make its decision through a decision letter.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.123.040 - Necessary findings.

Before a conditional use permit or minor use permit may be granted, the Planning Commission or Zoning Review Committee shall make all of the following findings:

The conditional use permit or minor use permit will not be detrimental to the public health, safety or welfare or injurious to the subject property or other improvements in the vicinity;

The proposed use applied for at the location indicated is one for which a conditional use permit or minor use permit is authorized;

The subject property for the proposed use is adequate in size and shape to accommodate such use and that all yards, spaces, walls, fences, parking, loading, landscaping and other features required for the proposed use are provided;

The subject property abuts streets and highways adequate in width and pavement type to carry the kind of traffic which will be generated by the proposed use; and

The conditional use permit or minor use permit is consistent with the purpose, goals and policies of the city's general plan, zoning code and any applicable specific plan.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022)

17.123.050 - Time periods.

The conditional use permit or minor use permit shall be valid for two (2) years after the effective date of approval by the Planning Commission or Zoning Review Committee.

If the applicant has proceeded in good faith toward the implementation of the conditional use permit or minor use permit, as determined by the Community Development Director, the applicant may request a twelve-month extension. The applicant shall submit the request prior to the expiration date. The extension shall be considered by the Community Development Director within thirty (30) days of the request. The applicant may request additional extensions, which shall be considered by the Planning Commission.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.123.060 - Abandonment.

If the use authorized by any conditional use permit or minor use permit is, or has been, unused, abandoned or discontinued for a period of twelve (12) months, such conditional use permit or minor use permit shall become null and void.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022)

17.123.070 - Appeals.

Planning Commission decisions regarding this chapter are appealable to the City Council. Zoning Review Committee decisions regarding this chapter are appealable to the Planning Commission, and ultimately to the City Council. Refer to Section 17.10.100 (General Regulations—Ability to Appeal) of this title for additional information. The effective date of the decision shall not commence until the deadline to appeal has expired.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.124.010 - Purpose.

When certain short-term activities require individual consideration but not intensive review, the Community Development Director may grant a temporary use permit. Conditions of approval may be added to ensure the spirit and purpose of this title will be observed and that public health, safety and welfare are protected.

(Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.124.020 - Applicability.

Construction Yards, Off-Site. Off-site contractors' construction, in conjunction with an approved construction project on a different site. The permit shall be removed immediately upon completion of the construction project, or the expiration of the building permit authorizing the construction project, whichever occurs first.

Seasonal Sales Events. The temporary sale of seasonal merchandise shall comply with the following:

Zoning. May be permitted in all Multiuse, Commercial and Manufacturing Zoning Districts.

Types of Events.

Temporary Use Permit Required. Outdoor events including pumpkin patches, Christmas tree lots and flower stands (for Valentine's Day, Mother's Day, etc.) and similar seasonal sales of merchandise.

Temporary Use Permit Not Required. Fireworks stands shall be exempt from this chapter and shall require Permit Committee approval.

Duration.

A maximum of three (3) sales events per property per calendar year may occur. Shopping centers, office complexes, industrial parks and other similar campus settings shall be considered one property.

The maximum duration of one sales event shall be forty-five (45) days.

The maximum combined duration of all events shall be sixty (60) days.

Hours of Operation. Shall be limited to 7:00 a.m. to 10:00 p.m. on Mondays through Saturdays and 8:00 a.m. to 8:00 p.m. on Sundays and federal holidays.

Size. For properties occupied by an existing use, a maximum of twenty-five (25) percent of the parking areas may be utilized. For vacant properties, a maximum of seventy-five (75) percent of the parking areas may be utilized. Other outdoor areas may also be used. All Los Angeles County Fire Department access shall be maintained.

Site Cleanup. After the sales are completed, all associated structures, signage and refuse shall be removed from the property within twenty-four (24) hours.

Other Approvals. The applicant shall obtain any other required approvals for temporary structures, tents, power/lighting, portable restrooms, concessions, security, signage and/or other items prior to operations.

Special Events. The special event shall comply with the following:

Zoning. Religious assembly events may be permitted in any zoning district where religious institutions are permitted. All other events may be permitted in all Multiuse, Commercial and Manufacturing Zoning Districts and the Downtown Specific Plan (SP-4).

Types of Events.

Temporary Use Permit Required. Outdoor events including business openings, business closings, food events (without food trucks), arts and crafts exhibits, outdoor meetings, religious assembly and merchandise sales (related to an existing business on the property). Events may be private or open to the public.

Temporary Use Permit Not Required.

Groundbreaking and ribbon cutting ceremonies in coordination with the City or local chamber of commerce shall be exempt from this chapter.

ii.

Outdoor events including animal shows, carnivals, circuses, concerts and farmers' markets shall require Permit Committee approval.

iii.

Any outdoor event that includes amplified sound, food trucks, fireworks, alcohol sales (off-site or on-site sales or use), street closures, traffic control and/or off-site parking shall require Permit Committee approval.

Duration.

A maximum of four (4) special events per property per calendar year may occur. Shopping centers, office complexes, industrial parks and other similar campus settings shall be considered one property.

The maximum duration of one special; events shall be four (4) days. A period longer than four (4) consecutive days shall require Permit Committee approval.

Multiple special events shall be separated by a minimum of thirty (30) days.

The maximum combined duration of all events shall be sixteen (16) days.

The maximum combined duration of all events shall include all special events approved through the temporary use permit and Permit Committee process, with exception to subsection (C)(2)(b)(i) above.

Hours of Operation.

Residential Zoning Districts. Shall be limited to 7:00 a.m. to 6:00 p.m. on Mondays through Fridays and 8:00 a.m. to 6:00 p.m. on Saturdays, Sundays and federal holidays.

All Other Zoning Districts. Shall be limited to 7:00 a.m. to 10:00 p.m. on Mondays through Saturdays and 8:00 a.m. to 8:00 p.m. on Sundays and federal holidays.

Size. A maximum of twenty-five (25) percent of the parking areas may be utilized. Other outdoor areas may also be used. A percentage greater than twenty-five (25) percent shall require Permit Committee approval. All Los Angeles County Fire Department access shall be maintained.

Site Cleanup. After the sales are completed, all associated structures, signage and refuse shall be removed from the property within twenty-four (24) hours.

Temporary Living Trailers. A trailer or mobile home may be used in any zoning district as a temporary residence during the construction of a permanent residence, provided the trailer is located on the same site where the permanent residence will be located and will be occupied by the same people that will ultimately live in the permanent residence. The application may be approved for a maximum period of one hundred twenty (120) days.

Temporary Model Homes/Units. Temporary model homes/units and related facilities may be established in any zoning district within the area of an approved residential project, solely for the sale of homes. The application may be approved for a maximum period of eighteen (18) months.

Temporary Real Estate Sales Offices. A temporary real estate office may be established in any zoning district within the area of an approved development project solely for the first sale of homes/units. The application may be approved for a maximum period of eighteen (18) months.

Temporary Structures. A temporary classroom, office or similar portable structure, including a manufactured or mobile unit, may be approved in a nonresidential zoning district as an accessory use or as the first phase of a development project. The application may be approved for a maximum period of eighteen (18) months.

Temporary Work Trailers. A trailer or mobile home may be used as a temporary work site for employees of a business in any zoning district: 1) during construction of a subdivision or other development project as part of an active building permit; and 2) upon demonstration by the applicant that the temporary work trailer is a short-term necessity, while a permit work site is being obtained. The application may be approved for a maximum period of eighteen (18) months.

Vehicle Parking. The temporary parking of stationary vehicles on vacant sites shall conform with the following:

Use Type. Shall be limited to overflow inventory for a vehicle sales and lease use (general, new vehicles only). Other types of vehicles shall not be considered through subsection (J) below.

Zoning. May be permitted in the Neighborhood Commercial (C-2), General Commercial (C-3), Office Professional (OP), Light Manufacturing (M-1) and General Manufacturing (M-2) Zoning Districts. Other zoning districts shall not be considered through subsection (J) below.

Duration. The application may be approved for a maximum period of eighteen (18) months.

Property. Property shall be vacant (no existing use of the property). Vehicles must be parked on a paved surface.

Site Cleanup. After the duration of the parking is completed, all associated structures, signage and refuse shall be removed from the site within seventy-two (72) hours.

Similar Temporary Uses. Similar temporary uses which, in the opinion of the Community Development Director, are compatible with the zoning district and the surrounding land uses.

(Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.124.030 - Exempt uses.

The following uses shall be exempt from a temporary use permit:

Car Washes. Car washes sponsored by a cultural institution, K-12 school—public or private, preschool—public or private or philanthropic or charitable institution on property zoned nonresidential.

City Facility. Any temporary event conducted at City Hall or another city facility.

Construction Yard, On-Site. On-site contractors' construction yards in conjunction with an approved construction project on the same site. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the building permit authorizing the construction project, whichever occurs first.

Emergency Facilities. Emergency public health and safety needs/land use activities.

Filming Permit. Activities associated with an approved filming permit.

Permit Committee. Uses and activities that receive approval from the Permit Committee.

(Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.124.040 - General procedures.

The rules and procedures for applications, records and investigations applicable to temporary use permits shall be as follows:

Applications.

Applications for a temporary use permit shall be made on the appropriate form. The Community Development Director shall determine the minimum filing procedures, content and form of materials which must be submitted before the Planning Division can review and take action on the request. The filing procedures and applications shall be published and made available to the public. No application shall be received unless it complies with all filing requirements.

One temporary use permit application may be submitted for multiple seasonal sales events or multiple special events. However, events that require Permit Committee approval shall be submitted separately.

Records. Applications filed pursuant to this chapter shall be numbered consecutively in the order of their filing and shall be part of the permanent official records of the Planning Division.

Decisions. The Community Development Director shall issue a decision letter within ten (10) days of deeming the application complete.

(Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.124.050 - Necessary findings.

The temporary use permit will not be detrimental to the public health, safety or welfare or injurious to the subject property or other improvements in the vicinity;

Conditions of approval have been incorporated to ensure: 1) the site is secure and the surrounding area is safeguarded; 2) the use is conducted in an orderly and efficient manner; and 2) impacts such as noise, light/glare, odors, smoke, traffic and vibration are limited; and

The temporary use permit will not adversely affect the purpose, goals and policies of the General Plan, the Zoning Code and any applicable specific plan.

(Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.124.060 - Time periods.

The temporary use permit shall only be valid for the dates and times specified by the Community Development Director. The applicant may request in writing to revise the specified dates and times. The requested revision shall be considered by the Community Development Director within ten (10) days of the request.

The temporary use permit shall be void if not used within the dates and times specified by the Community Development Director.

(Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.124.070 - Appeals.

Planning Division decisions regarding this chapter are appealable to the Planning Commission. The Planning Commission's decision shall be final. Refer to Section 17.10.100 (General Regulations—Ability to Appeal) of this title for additional information.

(Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.125.010 - Purpose.

When the strict interpretation of any provision of this title creates practical difficulties or unnecessary hardships, the Planning Commission or Zoning Review Committee may grant a variance or minor variance, respectively. Such approvals allow an applicant to deviate from a specific requirement of this title. Conditions of approval may be added to ensure that the spirit and purpose of this title will be observed and that public health, safety and welfare are protected.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022)

17.125.020 - Applicability.

For minor variance applications, the Zoning Review Committee shall review and approve, conditionally approve, deny or refer to the Planning Commission relief from the following development standards:

Waiver of up to twenty-five (25) percent of automobile parking space or ten (10) parking spaces, whichever is greater, or waiver of loading space requirements;

Square footage, location, dimensions, quantity and other requirements for signs as stated in Chapter 17.80 (Signage Regulations) of this title, with exception to changeable copy signs, electronic copy signs and signs listed in Section 17.80.040 (Signage Regulations—Prohibited Signs) of this title. In addition, pylon signs greater than twenty-five (25) feet high shall require design review approval from the Planning Commission;

Yard setbacks requirements;

Building separation requirements;

The location, setbacks, materials, height and other requirements for fences, walls and hedges;

Landscaping requirements (as outlined in Chapter 17.72 of this title);

The height of nonresidential structures, provided it will not exceed the maximum height by five (5) feet or ten (10) percent, whichever is less; and

Satellite dish antenna regulations. The term "satellite dish antenna" shall have the same meaning as set forth under Chapter 17.150 (Definitions—Uses) of this title.

For variance applications, the Planning Commission shall review and approve, conditionally approve or deny relief from all other development standards of this title, unless otherwise noted.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.125.030 - General procedures.

The rules and procedures for applications, records, investigations, notices and public hearings applicable to variances and minor variances shall be as follows:

Applications. Applications for a variance and minor variance shall be made on the appropriate form. The Community Development Director shall determine the minimum filing procedures, content and form of materials which must be submitted before the Planning Commission or Zoning Review Committee can review and take action on the request. The filing procedures and applications shall be published and made available to the public. No application shall be received unless it complies with all filing requirements. Refer to Section 17.10.080 (General Regulations—Projects with Multiple Applications or Actions) of this title if more than one entitlement or action is needed for the project.

Records. Applications filed pursuant to this chapter shall be numbered consecutively in the order of their filing and shall be part of the permanent official records of the Planning Commission.

Mail a notice, postage prepaid, to the applicant and to owners of all properties within a specified radius. Such notice shall be mailed a minimum ten (10) days prior to each public hearing. The applicant shall use the last known name and address of such owners as shown upon the last assessment roll of the city.

For variance applications, the mailing radius shall be five hundred (500) feet of the exterior boundaries of the subject property. The Community Development Director may direct the applicant to increase the mailing radius, but in no event shall it be greater than seven hundred (700) feet.

For minor variance applications, the mailing radius shall be three hundred (300) feet of the exterior boundaries of the subject property.

Public Hearings. Public hearings as provided for in this chapter shall be held before the Planning Commission or Zoning Review Committee at the time and place for which public notice has been given as before required in this chapter.

Decisions. The Planning Commission shall make its decision by resolution. The Zoning Review Committee shall make its decision through a decision letter.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.125.040 - Necessary findings.

Before a variance or minor variance may be granted, the Planning Commission or Zoning Review Committee shall make all of the following findings:

The variance or minor variance will not be detrimental to the public health, safety or welfare or injurious to the subject property or other improvements in the vicinity;

The variance or minor variance will not authorize a use or activity that is not otherwise expressly authorized in the subject property's zoning classification;

There are exceptional or extraordinary circumstances applicable to the property involved (e.g. location, shape, size, surroundings and topography), so that the strict application of this title denies the property owner privileges enjoyed by others in the vicinity and under identical zoning classifications;

The variance or minor variance will not provide special privileges for the property involved, which are inconsistent with other properties in the vicinity and within the same zoning classification; and

The variance or minor variance will not adversely affect the purpose, goals and policies of the general plan, the zoning code and any applicable specific plan.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022)

17.125.050 - Time periods.

The variance or minor variance shall be valid for two (2) years after the date of approval by the Planning Commission or Zoning Review Committee.

If the applicant has proceeded in good faith toward the implementation of the variance or minor variance, as determined by the Community Development Director, the applicant may request a twelve-month extension. The applicant shall submit the request prior to the expiration date. The extension shall be considered by the Community Development Director within thirty (30) days of the request. The applicant may request additional extensions, which shall be considered by the Planning Commission.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.125.060 - Appeals.

Planning Commission decisions regarding this chapter are appealable to the City Council. Zoning Review Committee decisions regarding this chapter are appealable to the Planning Commission and ultimately, the City Council. Refer to Section 17.10.100 (General Regulations—Ability to Appeal) of this title for additional information. The effective date of the decision shall not commence until the deadline to appeal has expired.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.126.010 - Purpose.

A modification for an individual with a disability provides a mechanism for the city, in compliance with federal and state law, to grant relief from the strict requirements of this title, as necessary to provide individuals with disabilities reasonable accommodations to avoid discrimination against, eliminate barriers and ensure equal access to housing for individuals with disabilities. Conditions of approval may be added to ensure that the spirit and purpose of this title will be observed and that public health, safety and welfare are protected.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.126.020 - Applicability.

A request for a modification for an individual with a disability may be made by any disabled person, his or her representative, a developer providing housing for disabled persons or a provider of housing for disabled persons. The applicant may request any applicable development standard be modified or waived, with exception to density and floor area ratio (FAR), to eliminate barriers to housing opportunities and prevent discrimination against the individual on the basis of the individual's disability.

The Community Development Director shall have the authority to grant a reasonable accommodation modification for an individual with a disability for relief from all development standards of this title.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022)

17.126.030 - General procedures.

Applications. Applications for a modification for an individual with a disability shall be made on the appropriate form. The Community Development Director shall determine the minimum filing procedures, content and form of materials which must be submitted before the director can review and take action on the request. The filing procedures and applications shall be published and made available to the public. No application shall be received unless it complies with all filing requirements. Refer to Section 17.10.080 (General Regulations—Projects with Multiple Applications or Actions) of this title if more than one application or action is needed for the project.

Records. Applications filed pursuant to this chapter shall be numbered consecutively in the order of their filing and shall be part of the permanent official records of the Planning Division.

Confidential Information. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

Assistance. If an individual needs assistance in making the request for a Modification, the city will provide assistance to ensure that the process is accessible.

Decisions. The Community Development Director shall issue a decision letter within thirty (30) days of deeming the application complete and may either grant, grant with modifications or deny a request for reasonable accommodations in accordance with the required findings.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.126.040 - Necessary findings.

Before a modification for an individual with a disability may be granted, the Community Development Director shall make all of the following findings:

The person that will live in the housing which is the subject of the modification for an individual with a disability is a qualified individual with a disability protected under fair housing laws;

The modification for an individual with a disability is necessary to make housing available to disabled persons protected under fair housing laws; and

The modification for an individual with a disability will not adversely affect the purpose, goals and policies of the city's general plan, zoning code and any applicable specific plan.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.126.050 - Time periods.

A modification for an individual with a disability shall be valid for two (2) years after the effective date of approval by the Community Development Director.

If the applicant has proceeded in good faith toward the implementation of the modification granted as determined by the Community Development Director, the applicant may request a twelve-month extension of the modification. The applicant shall submit the request prior to the expiration date. The extension shall be considered by the Community Development Director within thirty (30) days of the request. No additional extensions shall be permitted.

The Community Development Director may, at his or her discretion, require the improvements be removed upon the future sale of the property and/or the disabled person no longer resides on the property. This shall be limited to site improvements such as excess paving or a second driveway.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.126.060 - Appeals.

Community Development Director decisions regarding this chapter are appealable to the Planning Commission. The Planning Commission's decision shall be final. Refer to Section 17.10.100 (General Regulations—Ability to Appeal) of this title for additional information.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022)

17.127.010 - Purpose.

While the strict application of zoning regulations may result in larger multiple-family housing projects, the Planned Residential Development process is intended to encourage more creative designs and a better environment through more flexible standards. The PRD process is further intended to facilitate development that provides a harmonious variety of housing choices, a higher level of residential amenities, and preservation of natural resources and open space. Through the Planned Residential Development process, projects should include a variety of dwelling unit types, site arrangement plans and greater amounts of open space for recreational and visual uses. In return, the applicant can receive flexibility in numerous development standards such as building placement, building separation, building setbacks and open space dimensions.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.127.020 - Applicability.

Zoning. Planned Residential Developments shall only be permitted on property zoned Medium-density Multiple-family Dwelling (R-3), High-density Multiple-family Dwelling (R-4), Office Commercial (C-1), Neighborhood Commercial (C-2) and General Commercial (C-3).

Land Area. For properties zoned R-3 and R-4, the minimum parcel size shall be one acre. For properties zoned C-1 and C-2 and within one-quarter (¼) of a Commercial or Transit Hub (CTH) and zoned C-3, the minimum parcel size shall be two (2) acres.

Density. For properties zoned R-3, the minimum density shall be ten (10) units per acre. For properties zoned R-4, C-1, C-2 and C-3, the minimum density shall be 20 units per acre.

Open Space.

A minimum forty (40) percent of the units shall have their entrances face directly onto a street or one or more main common open space area(s).

Main Common Open Space Areas.

Shall have a minimum dimension of twenty (20) linear feet horizontally in each direction (compared to fifteen (15) feet for a regular multiple-family project) with an unobstructed vertical height of seven (7) feet.

Shall have a minimum size of eight hundred (800) square feet.

Dwelling Unit Type. All units shall be developed and sold for individual ownership.

A variance shall not be permissible to deviate from the requirements in this section.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.127.030 - General procedures.

The rules and procedures for applications, records, investigations, notices and public hearings applicable to Planned Residential Developments shall be as follows:

Applications. Applications for Planned Residential Developments shall be made on the appropriate form. The Community Development Director shall determine the minimum filing procedures, content and form of materials which must be submitted before the Planning Commission can review and take action on the request. The filing procedures and applications shall be published and made available to the public. No application shall be received unless it complies with all filing requirements. Refer to Section 17.10.080 (General Regulations—Projects with Multiple Applications or Actions) of this title if more than one application or action is needed for the project.

Records. Applications filed pursuant to this chapter shall be numbered consecutively in the order of their filing and shall be part of the permanent official records of the Planning Commission.

Mail a notice, postage prepaid, to the applicant and to owners of all properties within a specified radius:

The notice shall be mailed a minimum ten (10) days prior to each public hearing. The applicant shall use the last known name and address of such owners as shown upon the last assessment roll of the city.

The mailing radius shall be five hundred (500) feet of the exterior boundaries of the subject property. The Community Development Director may direct the applicant to increase the mailing radius, but in no event shall it be greater than seven hundred (700) feet.

Public Hearings. Public hearings as provided for in this chapter shall be held before the Planning Commission at the time and place for which public notice has been given as before required in this chapter.

Decisions. The Planning Commission shall make its decision by resolution.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.127.040 - Permitted exceptions.

Design Flexibility.

Reduce yard setbacks, with exception to the front yard and any street side yard; however, in no event shall any hard setback be less than five (5) feet;

Reduce upper floor building setbacks, provided the elevations have step backs and/or projections every twenty (20) feet;

Reduce building separation requirements; however, in no event shall a separation be less than five (5) feet;

Increase the lot coverage by up to five (5) percent;

Reduce private open space dimensions; however, in no event shall a dimension be less than four (4) feet;

Adjust the open space allocation between private open space and common open space; and

For properties or project areas that are split zoned, the lot coverage, floor area ratio (FAR) and/or density may be transferrable from one zoning district to another, subject to the following:

If planned residential developments are permitted in both zoning districts:

The transferred lot coverage and/or density may extend a maximum two hundred (200) feet within the adjacent zoning district;

ii.

Structures within the transferred area shall comply with the maximum height and minimum ground floor setback requirements of the underlying zone. For all other development standards, the structures may comply with either zoning district; and

iii.

The transfer may be required as part of the planned residential development application.

If residential uses are permitted in both zoning districts, but not planned residential developments. Comply with Section 17.12.070 (Rules and Measurements—Properties and Project Areas that are Split Zoned) of this title.

Additional Standards. Any development standards not identified in this chapter shall follow the standards of the underlying zoning district.

Additional Regulations. After reviewing an application for a planned residential development, the Planning Commission may, in its approval thereof, impose conditions or requirements in addition to or in excess of those specified in this chapter if it finds that such additional requirements or conditions are necessary for the protection of the public health, safety or welfare.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.127.050 - Necessary findings.

Before a Planned Residential Development may be granted, the Planning Commission shall make all of the following findings:

The Planned Residential Development will not be detrimental to the public health, safety or welfare or injurious to the subject property or other improvements in the vicinity;

The Planned Residential Development is centered around common open space, recreational areas and/or the public streets;

The subject property (or properties) are physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested/anticipated planned residential development. The internal street and walkway system is designed for the efficient and safe movement of vehicles, bicyclists and pedestrians;

The planned residential development is demonstratively superior to the development that could have occurred under the standards applicable to the underlying zoning district, and will achieve superior community design, environmental preservation and/or substantial public benefit; and

The planned residential development is consistent with the purpose, goals and policies of the city's general plan and Zoning Code.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.127.060 - Time periods.

The planned residential development shall be valid for two (2) years after the effective date of approval by the Planning Commission Resolution.

If the applicant has proceeded in good faith toward the implementation of the Planned Residential Development granted as determined by the Community Development Director, then the applicant may request a twelve-month extension of the Planned Residential Development. The applicant shall submit the request prior to the expiration date. The extension shall be considered by the Community Development Director within thirty (30) days of the request. The applicant may request additional extensions, which shall be considered by the Planning Commission.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.127.070 - Appeals.

Planning Commission decisions regarding this chapter are appealable to the City Council. Refer to Section 17.10.100 (General Regulations—Ability to Appeal) of this title for additional information. For decisions that may be appealed by the public, the effective date of the decision shall not commence until the deadline to appeal has expired.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.128.010 - Purpose.

This chapter establishes provisions for amending the general plan or this title whenever deemed necessary. This includes amending, supplementing or changing standards, districts or regulations of the general plan or this title. In addition, this chapter outlines the process for the Planning Commission to make general plan conformity findings for street and alleyway vacations.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022)

17.128.020 - Applicability.

General Plan Amendments.

Revise any text;

Revise any map, table, graphic illustration, other than the Land Use Policy Plan (or the land use map) located in the Land Use Element; or

Revise the General Plan Land Use Policy Plan (or the land use map) located in the Land Use Element. This has the effect of changing the land use from one category to another.

Zoning Amendments.

Revise any text, table, graphic or illustration of this title (or a zoning code amendment); or

Revise the zoning map (or a zone change). This has the effect of rezoning property from one zoning district to another.

General Plan Conformity Applications. Vacate a public street, alleyway or easement.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.128.030 - General procedures.

Applications.

Applications for a general plan amendment, general plan conformity or zoning amendment shall be made on the appropriate form. The Community Development Director shall determine the minimum filing procedures, content and form of materials which must be submitted before the Planning Commission and City Council can review and take action on the request. The filing procedures and applications shall be published and made available to the public. No application shall be received unless it complies with all filing requirements. Refer to Section 17.10.080 (General Regulations—Projects with Multiple Applications or Actions) of this title if more than one application or action is needed for the project.

The following may submit or initiate an application for a general plan amendment, general plan conformity or zoning amendment:

A majority of the City Council;

A majority of the City Council may adopt an urgency ordinance or interim Zoning Code amendment in compliance with Section 65858 of the California Government Code;

The Community Development Director; or

An owner or authorized applicant of property for which the amendment is sought. If the property is under more than one ownership, all of the owners or their authorized agents shall join in filing the application. The Community Development Director also has the authority to initiate expanding the boundaries.

Records. Applications filed pursuant to this chapter shall be numbered consecutively in the order of their filing and shall be part of the permanent official records of the Planning Commission and City Clerk.

Public notice for a general plan or zoning amendment that includes one or more properties:

Mail a notice, postage prepaid, to the applicant and to owners of all properties within a specified radius. Such notice shall be mailed a minimum ten (10) days prior to each public hearing. The applicant shall use the last known name and address of such owners as shown upon the last assessment roll of the city.

ii.

If the number of effected properties exceed one thousand (1,000), the Community Development Director or City Clerk may reduce the mailing radius to three hundred (300) feet or, in lieu of a mailed or written notice, provide notice by placing a display advertisement of at least one-eighth (⅛) page in at least one newspaper of general circulation.

Post the Property. A minimum of one notice shall be posted along each street frontage a minimum ten (10) days prior to the public hearing. The posting shall be placed in the ground or on a fence, wall or building façade that is set back no more than ten (10) feet from the street property line. If the number of effected properties exceeds five (5), the Community Development Director or City Clerk may remove this requirement.

Public notice for a general plan or zoning amendment that does not include a specific property as the subject of the application. Publish a notice once in a newspaper of general circulation in the city a minimum ten (10) days prior to each public hearing. The notice shall include the date, time, place of hearing and the nature of the request.

Public notice shall not be required for a general plan conformity.

Public Hearings for a General Plan or Zoning Amendment.

At the conclusion of a Planning Commission public hearing on a proposed general plan or zoning amendment, the Planning Commission may recommend the City Council approve the amendment, approve the amendment with revisions or deny the amendment. If evidence received shows facts which the provisions of this chapter would entitle a person to a variance or conditional use permit, the Planning Commission may concurrently recommend the City Council entitle the applicant to a variance or conditional use permit.

At the conclusion of a City Council public hearing on a proposed general plan or zoning amendment, the City Council may approve or deny the amendment, or it may refer the amendment back to the Planning Commission for further consideration. If the Planning Commission concurrently recommends the City Council approve a variance or conditional use permit, the City Council may approve, deny or refer the recommendation back to the Planning Commission for further consideration.

The Planning Commission is not required to review an urgency ordinance or interim Zoning Code amendment in compliance with Section 65858 of the California Government Code.

Public Meetings for Conformity Applications. The Planning Commission shall make or deny the conformity findings. The findings shall then be forwarded to the City Council to complete the street or alleyway vacation process.

Decisions. The Planning Commission shall make its recommendation or decision on a general plan, zoning amendment and/or conformity by resolution. The City Council shall make its decision on a general plan amendment by resolution and its decision on a zoning amendment by ordinance.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.128.040 - Necessary findings.

Before a general plan or zoning amendment may be granted, the Planning Commission (on recommendation) and City Council shall make all of the following findings:

The amendment will not be detrimental to the public health, safety or welfare or injurious to the city;

The subject property (or properties) proposed for the amendment are physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested/anticipated land uses/developments (only required when the Amendment is for a specific property or series of properties); and

The amendment is consistent with the purpose, goals and policies of the city's general plan.

Before a general plan conformity may be granted, the Planning Commission shall make all of the following findings:

The proposed vacation is anticipated to serve the public interest and be a public benefit; and

The proposed vacation is consistent with the purpose, goals and policies of the city's general plan.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022)

17.128.050 - Time periods.

A general plan amendment shall become effective immediately upon the adoption of a resolution by the City Council.

A general plan conformity shall become effective immediately upon the adoption of a resolution by the Planning Commission.

A zoning amendment shall become effective thirty (30) days following the second reading of an ordinance. However, an urgency ordinance or an interim zoning code amendment in compliance with Section 65858 of the California Government Code shall take effect immediately.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.128.060 - Appeals.

Planning Commission denials regarding this chapter are appealable to the City Council. Refer to Section 17.10.100 (General Regulations—Ability to Appeal) of this title for additional information.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022)

17.129.010 - Purpose.

Development agreements are contracts approved by the City Council, where the city and a developer expressly define a development project's rules, regulations, commitments, and policies for a specific period of time. The purpose is to strengthen the public planning process by encouraging private participation in the achievement of comprehensive planning goals and reducing the economic costs of development. A development agreement reduces the risks associated with development, thereby enhancing the city's ability to obtain public benefits beyond those achievable through existing ordinances and regulations.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022)

17.129.020 - Applicability.

There are no specific minimum requirements for a proposed project to include a development agreement. An applicant is able to request an application for a development agreement on any proposed development. A majority of the City Council may initiate a development agreement. However, a development agreement cannot be sanctioned on a developer.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022)

17.129.030 - General procedures—Submittal.

Applications. An application for a development agreement may be made to the Community Development Director in accordance with the procedures set forth herein:

Applications may be made by any qualified applicant. In addition, applications may be initiated by a majority of the City Council by resolution. If an application is made for a development agreement by the City Council, the city shall obtain and attach a notarized statement of consent to proceed with the proposed agreement executed by the owner of the subject property. Refer to Section 17.10.080 (General Regulations—Projects with Multiple Applications or Actions) of this title if more than one permit or action is necessary for the project.

The Community Development Director shall determine the minimum filing procedures, content and form of materials which must be submitted before the Planning Commission and City Council can review and take action on the request. The filing procedures and applications shall be published and made available to the public.

For applications made by a qualified applicant, no petition shall be received unless it complies with all filing requirements.

Investigation. For applications made by a qualified applicant, the applicant shall bear the burden of providing sufficient documents and exhibits that allow the Planning Commission and City Council to render a decision upon the application under consideration. The Planning Commission and City Council may request additional information before rendering a decision. Further, it is the responsibility of the applicant to certify the information contained therein. The filing of an application also grants the Planning Division the right to enter the property to make any inspections necessary to render a decision on the application. Prior to an inspection, the applicant shall be given notice a minimum of forty-eight (48) hours in advance.

Qualifications of the Applicant. A qualified applicant includes an authorized agent of a qualified applicant. The Community Development Director may require an applicant to submit proof of his/her interest in the real property and of the authority of the agent to act for the qualified applicant. Such proof may include a title report, policy or guarantees issued by a title insurance company licensed to do business in the state of California evidencing the requisite interest of the applicant in the real property.

If the application is made by the holder of an equitable interest, the application shall be accompanied by a title guarantee issued by a title insurance company report and by a notarized statement of consent to proceed with the proposed development agreement executed by the holder of the legal interest. Before processing the application, the Community Development Director shall obtain the opinion of the City Attorney as to the sufficiency of the qualified applicant's interest in the real property to enter into the development agreement as a qualified applicant hereunder.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.129.040 - General procedures—Application contents.

The submitted application shall include, at minimum, the following items in order to proceed forward through the public hearing process:

The parties to the development agreement;

The nature of the qualified applicant's legal or equitable interest in the real property constituting such person as a qualified applicant hereunder;

A description of the development project sufficient to permit the development agreement to be reviewed under the applicable criteria of this chapter. Such description may include, but is not limited to, references to site and building plans, elevations sufficient to determine heights and areas, relationships to adjacent properties and operational data. Where appropriate, such description may distinguish between elements of the development project which are proposed to be fixed under the development agreement, those which may vary and the standards and criteria pursuant to which the same may be reviewed;

An identification of the approvals and permits for the development project enacted to the date of or contemplated by the development agreement;

The proposed duration of the development agreement;

The proposed site improvements, building improvements and design standards;

The proposed phasing of the construction, and any public improvements to be required;

A program and criteria for regular periodic review under this chapter;

Proposed provisions providing security for the performance of the qualified applicant under the development agreement; and

Any other relevant provisions which may be deemed necessary by the Community Development Director under this chapter.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022)

17.129.050 - General procedures—Agreement contents.

A development agreement shall specify its duration, the permitted uses of the property thereunder, the density and/or intensity of use, the maximum height and size of proposed buildings and improvements, and provisions for reservation or dedication of land for public purposes.

A development agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions; provided, that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the property for the uses and to the density or intensity, height, and size of development set forth in the development agreement and phasing if and to the extent the development agreement so provides. Without limitation as to types of conditions, terms, and restrictions, the development agreement may provide for the phasing of construction of development projects and any improvements with respect thereto, and the development agreement may also provide that the construction shall be commenced and completed within specified times and that the development project, public improvements, or any phase thereof be commenced and completed within specified times.

A development agreement shall include all conditions imposed by the city, and may also include conditions imposed by other agencies, and all obligations agreed to by the city and other parties to the development agreement with respect to the development project thereunder including those conditions authorized by law and/or required pursuant to the California Environmental Quality Act, or the National Environmental Protection Act, and the city's regulations with respect thereto in order to eliminate or mitigate environmental and traffic impacts caused by or aggravated as a result of the development project proposed under the development agreement.

A development agreement shall contain an indemnity and insurance clause in form and substance acceptable to the City Attorney, requiring the qualified applicant to protect, defend, indemnify and hold harmless the city against claims arising out of the development process; provided, that such a provision does not violate applicable law or constitute a joint venture, partnership or other participation in the business affairs of qualified applicant by the city.

A development agreement shall include appropriate provisions acceptable to the City Attorney providing security for the performance under the development agreement.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022)

17.129.060 - General procedures—Public notices.

Public notices shall be provided and processed in a manner consistent with the provisions of Section 65090 and/or 65091 of the California Government Code as required, and shall be given by the methods specified as follows:

Mail a notice, postage prepaid, to the applicant and to owners of all properties within a specified radius:

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.129.070 - Planning Commission public hearing.

The Planning Commission may recommend adoption of a development agreement as a method of implementing or providing standards and criteria for any approval of the Planning Commission or permits or approvals issued or made by any other agency, including, but not limited to:

Rezoning and/or conditions imposed upon approval of rezoning;

Issuance of a conditional use permit;

Conditions imposed upon approval of a permit after discretionary review;

Conditions imposed in connection with the adoption of any general plan amendment or specific plan;

Site-specific conditions imposed in any other district;

Approval of and/or conditions imposed upon approval of a subdivision map;

The separate review and approval by the City Attorney of conditions, covenants and restrictions (CC&Rs) affecting the subject property where the development project affects, or is proposed to affect, more than one legal parcel, which CC&Rs shall include enforcement provisions acceptable to the city including without limitation the grant of power to the city by the applicant to enforce the property maintenance standards set forth in such CC&Rs as if the city was a property owner party to such CC&Rs. Such CC&Rs shall be recorded against the lands included in the development project prior to issuance by the city of any certificate of occupancy;

The formation of any assessment district, benefit district, maintenance district or special benefit district or any other procedure, for the installation of required or necessary on-site or off-site improvements or infrastructure; and/or

Mitigation measures imposed upon a development project pursuant to the California Environmental Quality Act (CEQA).

The Planning Commission shall make a recommendation in writing to the City Council as follows:

That the development agreement be adopted as proposed;

That the development agreement be adopted with revisions, as proposed by the Planning Commission; or

That the development agreement be denied.

Any action taken by the Planning Commission shall occur at a noticed public hearing as outlined in Section 17.129.060 of this chapter.

The Planning Commission shall make all recommendations by resolution.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022)

17.129.080 - City Council public hearing.

A development agreement is a legislative act and it shall be enacted or amended by ordinance. The ordinance shall be subject to a referendum and shall incorporate by reference the text of the development agreement.

The development agreement shall not be binding or enforceable prior to the effective date of the ordinance approving the development agreement and execution of the development agreement by all parties thereto.

Because a development agreement is also a contract which requires the consent of each party in order to become binding, the City Council reserves the right to disapprove entering into any development agreement, regardless of the provisions hereof, and the ordinance shall be advisory only and shall not require the acceptance of any development agreement.

The City Council may do any of the following:

Refer the issue back to the Planning Commission for further hearing and recommendation whereupon Planning Commission shall reconsider the referral from the City Council within thirty (30) days thereafter;

Act on all or any such issue without reference back to the Planning Commission;

Approve the development agreement as recommended by the Planning Commission;

Approve the development agreement with revisions; or

Reject the development agreement, in whole or in part.

Any action taken by the City Council shall occur at a noticed public hearing as outlined in Section 17.129.060 of this chapter.

The City Clerk shall record a fully executed copy of the development agreement and ordinance within ten (10) days of the effective date of the ordinance. The development agreement shall be binding upon, and the benefits of the development agreement shall inure to the parties and all successors in interest to the parties to the development agreement.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.129.090 - Necessary findings.

Before a development agreement may be granted, the Planning Commission (on recommendation) and City Council shall make all of the following findings:

The development agreement will not be detrimental to the public health, safety or welfare or injurious to the city;

The development agreement will have a positive effect on the orderly development of property or the preservation of neighboring property values;

The development agreement will provide sufficient benefits to the community to justify entering into the agreement; and

The development agreement is consistent with the purpose, goals and policies of the city's general plan, and any applicable specific plan.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.129.100 - Development agreement reviews.

Community Development Director Periodic Review.

The city shall review the performance of the developer under a development agreement periodically on a regular basis as determined in the development agreement or at least once every twelve (12) months for the term of the development agreement.

The anniversary of the effective date of the development agreement shall be ninety (90) days prior to the "established date or dates for regular periodic review," or such other substitute date or dates, mutually agreed to by the developer and city in writing. The developer shall submit evidence to the Community Development Director showing good faith compliance with the development agreement.

If the Community Development Director determines that such evidence is insufficient for the regular periodic review, or if the developer fails to submit any evidence, the Community Development Director shall deliver or mail written notice to the developer prior to seventy-five (75) days of the established date or dates of the regular periodic review. The notice shall state the developer's failure to submit any evidence or additional information reasonably required to review whether the developer has shown good faith compliance with the development agreement.

The developer shall have thirty (30) days after the mailing or delivery of such written notice by the Community Development Director in which to respond. If the developer fails to provide such information to the Community Development Director within the thirty-day period, the Community Development Director shall find that the developer has not complied in good faith with the terms of the development agreement.

Community Development Director Special Review.

Reviews which are not periodic reviews are defined as special reviews and may occur either by agreement between the developer and city or by initiation of the city by the affirmative vote of the City Council, but in any event shall not be held more frequently than three (3) times a year.

The Community Development Director shall deliver or mail to the developer a thirty-day notice of intent for the city to undertake a special review to determine if the developer has complied in good faith with the terms of the development agreement. The developer shall provide the city with any evidence supporting good faith compliance with the terms of the development agreement.

If the Community Development Director determines that such evidence is insufficient for the special review, or if the developer fails to submit any evidence within the thirty-day period, the Community Development Director shall deliver or mail written notice to the developer within forty-five (45) days of the delivery or mailing date of the notice of intent. The notice shall outline the developer's failure to submit any evidence or additional information reasonably needed in order to review the developer's good faith compliance with the terms of the development agreement.

The developer shall have thirty (30) days after mailing or delivery of such written notice by the Community Development Director in which to respond. If the developer fails to provide such information to the Community Development Director within the thirty-day period, the Community Development Director shall find that the developer has not complied in good faith with the terms of the development agreement.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022)

17.129.110 - Good faith compliance.

Finding of Good Faith Compliance. If the Community Development Director finds good faith compliance by the developer with the terms of the development agreement for the period or special review, the Community Development Director, upon request of developer, shall issue a certificate of compliance for such period reviewed. The certificate of compliance shall be in a recordable form and may be recorded by the developer in the official records of Los Angeles County. The issuance of a certificate of compliance by the Community Development Director shall conclude the review for the applicable period for which the finding was made and such determination shall be final in the absence of fraud.

Failure to Find Good Faith Compliance.

If the Community Development Director does not find, on the basis of substantial evidence, that the developer has complied in good faith with the terms of the development agreement, he or she shall so notify the City Council and the developer. The Community Development Director shall specify the reasons for the determination, the information relied upon in making such decision and any findings made with respect thereto.

The Community Development Director's findings shall be presented to the City Council. The City Council may do any of the following:

Compliance. Determine on the basis of evidence presented that there has been good faith compliance by the developer with the terms of the development agreement, in which event the Community Development Director, upon request of the developer, shall issue a certificate of compliance in accordance with Section 17.129.110 of this chapter.

Failure to Find Good Faith Compliance. If the City Council is unable to determine on the basis of the evidence presented that there has been good faith compliance by the developer with the terms of the development agreement, the City Council shall do one or both of the following:

Additional Time. Upon receipt of sufficient justification to City Council, grant the developer additional time in which to establish good faith compliance with the terms of the development agreement at a subsequent duly called council meeting; or

ii.

Hearing. Set a date for a public hearing on the issue of compliance by the developer with the terms of the development agreement and the possible conditioning and/or termination or revision of the development agreement. The public hearing shall follow the procedures outlined in Section 17.129.060 of this chapter.

Necessary City Council Finding. Based upon substantial evidence, the developer has or has not complied in good faith with the terms and conditions of the development agreement.

City Council Public Hearing to Determine Good Faith Compliance:

Compliance. If the City Council finds good faith compliance by the developer with the terms of the development agreement, the Community Development Director upon request of the developer and subject to the written concerns of the City Attorney shall issue a certificate of compliance, which shall be in recordable form and may be recorded by the developer in the official records of the Los Angeles County.

Noncompliance. If the City Council does not find good faith compliance by the developer with the terms of the development agreement, it may do any of the following:

Determine, on the basis of substantial evidence, that the developer has not complied in good faith with the terms and conditions of the development agreement during the period under review, the City Council may allow the development agreement to be continued by imposing new terms and conditions intended to remedy such noncompliance or to be otherwise modified.

ii.

Mutually with the developer, or unilaterally, terminate the development agreement or take the action authorized by California Government Code Section 65865.1.

iii.

Impose such terms and conditions to the development agreement as it considers necessary to protect the interests of the city.

iv.

The decision of the City Council shall be final. The rights of the parties after termination shall be as set forth in Section 17.129.120 of this chapter.

Necessary City Council Finding. Based upon substantial evidence, the developer has or has not complied in good faith with the terms and conditions of the development agreement.

Ordinance. Any termination, revision or imposition of new terms and conditions pursuant to this section shall be by ordinance. The ordinance shall recite the facts, findings, information relied on and/or the lack thereof, and the reasons which, in the opinion of the City Council, make the termination, revision or imposition of new terms and conditions of the development agreement necessary. The enactment of such an ordinance by the City Council shall be final and conclusive as to its effect on the subject development agreement. Not later than ten (10) days following the adoption of the ordinance, one copy thereof shall be forwarded to the developer. The development agreement shall be terminated, or the amendments to the development agreement shall become effective, on the effective date of the ordinance or as otherwise provided in such ordinance.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022)

17.129.120 - Initiation of amendment or cancellation.

A development agreement may be amended or canceled, in whole or in part, by mutual consent of the parties to the development agreement or their successors in interest. Any such person may propose an amendment to or cancellation in whole or in part of the development agreement previously entered into.

The procedure for amendment or cancellation in whole or in part of a development agreement by mutual consent shall be as follows:

A request for an amendment to or cancellation in whole or in part of the development agreement shall be submitted to the Community Development Director. A public hearing before the City Council shall be held within ninety (90) days of receipt of the request. The public hearing. The public hearing shall follow the procedures outlined in Section 17.129.060 of this chapter.

Any amendment, cancellation or imposition of new terms and conditions pursuant to this section shall be by ordinance. The ordinance shall recite the facts, findings, information relied on, and reasons which, in the opinion of the City Council, make the amendments or cancellation of the development agreement necessary. Not later than ten (10) days following the adoption of the ordinance, one copy thereof shall be forwarded to the developer. The amendment to or cancellation of a development agreement shall become effective on the effective date of such ordinance unless otherwise indicated therein.

Although approved by the City Council, an amendment to or cancellation of a development agreement shall not be binding or enforceable prior to the effective date of the ordinance approving the amendment or cancellation of the development agreement and the execution of such amendment or a written consent to such cancellation by all parties to the development agreement or by their successors in interest.

Rights of the Parties after Cancellation or Termination.

In the event that a development agreement is canceled, or otherwise terminated, unless otherwise agreed to in writing by city, all rights of the developer, property owner or successors in interest under the development agreement shall terminate and any and all benefits, including money or land, received by the city shall be retained by the city.

Notwithstanding subsection B.1 above, any termination of the development agreement shall not prevent the developer from completing a building or other improvements authorized to be constructed pursuant to a valid operative building permit previously approved by the city and under construction at the time of termination.

The city may take any action permitted by law to prevent, stop, or correct any violation of law occurring during and after construction, and neither the developer nor any tenant shall occupy any portion of the project or any building not authorized by an occupancy permit.

As used herein: (a) "construction" shall mean work on site under a valid building permit; (b) "completing" shall mean completion of construction for beneficial occupancy for developer's use, or if a portion of the project is intended for use by a lessee or tenant; and (c) "completion" shall mean completion of construction except for interior improvements such as partitions, duct and electrical run outs, floor coverings, wall coverings, lighting, furniture, trade fixtures, finished ceilings, and other improvements typically constructed by or for tenants of similar buildings. All such uses shall, to the extent applicable, be deemed nonconforming uses and shall be subject to the nonconforming use provisions of the El Monte Municipal Code (EMMC).

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.129.130 - Irregularity in proceeding.

Formal rules of evidence or procedure which must be followed in a court of law shall not be applied in the consideration of a proposed development agreement, its revision, cancellation, or termination. Rather, the provisions of this chapter shall apply. The qualified applicant or developer has the burden of presenting substantial evidence at each of the public hearings on the proposal and shall be given an opportunity to present evidence in support of the qualified applicant's or developer's position.

No action, inaction, or recommendation regarding the proposed development agreement, its revision, cancellation, or termination shall be held void or invalid or be set aside by a court on the ground of the improper admission or rejection of evidence or 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 finds 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 resulted if error is shown.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022)

17.129.140 - Subsequently adopted federal and state laws.

All development agreements shall be subject to the regulations and requirements of federal and state law, any codes, statutes or executive mandates and any federal or state court decision. In the event that any such law, code, statute, or decision made or enacted after a development agreement has been entered into prevents or precludes compliance with one or more provisions of the development agreement then such provisions of the development agreement shall be modified or suspended as may be necessary to comply with such law, code, statute, mandate or decision, and every such development agreement shall so provide.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

Editor's note— Ord. No. 3023, § 4.B(Exh. B), adopted May 2, 2023, amended § 17.129.140 and in doing so changed the title of said section from "Subsequently adopted state and federal laws" to "Subsequently adopted federal and state laws," as set out herein.

17.129.150 - Effect of rules, regulations and policies on a development agreement.

Unless otherwise provided by the development agreement, or imposed for reasons of health or safety during the term of the development agreement, rules, regulations and official policies of the city governing permitted uses of the land, governing density and governing design, improvement, and construction standards and specifications, applicable to development of the property subject to a development agreement, shall be those rules, regulations, and official policies in force at the time of execution of the agreement.

A development agreement shall not prevent the city, in subsequent actions applicable to the property or to the city in general, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property at the time of execution of the development agreement, nor shall a development agreement prevent the city from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations, and policies.

Each development agreement shall provide, and it is provided in this section, that this section and the provisions thereof do not apply to taxes, imposts, assessments, fees, charges or other exactions imposed by or payable to city unless specifically and to the extent otherwise expressly agreed to by city in the development agreement, and that all of such shall be in amounts fixed at the time they are payable.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022)

17.129.160 - Enforcement of development agreements.

Except as provided in subsection B below, a development agreement shall be enforceable by any party thereto notwithstanding any change in any applicable general plan, zoning code, specific plan, subdivision map, or building regulation adopted by the city which alters or amends the rules, regulations, or policies specified in Section 17.129.150 of this chapter or in the development agreement itself.

An exception to the certainty intended by execution of a Development Agreement as expressed in Sections 17.129.010 and 17.129.020 of this chapter, shall be when a change to the Development Agreement is imposed or required not by a city initiated action, but rather by city response to (i) federal or state court or administrative agency determination or (ii) federal or state legislative or administrative agency regulation requirement.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022)

17.129.170 - Severability clause.

Should any provision of this chapter or of a subsequent development agreement be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this chapter and development agreement shall remain in full force and effect unimpaired by the holding, except as may otherwise be provided in a development agreement. The City Council hereby declares that it would have adopted and enacted this chapter and each provision thereof irrespective of the fact that any one or more of the provisions, or the applications thereof to any person or place, be declared invalid or unconstitutional. For the purpose of this section, a "provision" is a section, subsection, paragraph, sentence, clause, phrase or portion of any thereof.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022)

17.129.180 - Condemnation.

All and every part of a development agreement is subject to condemnation proceedings and entering into such agreement is not intended to restrict the exercise of eminent domain by the city or any other public agency.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022)

17.129.190 - Judicial review—Time limitation.

Any judicial review of the initial approval by the city of a development agreement shall be by writ of mandate pursuant to Section 1085 of the California Code of Civil Procedure; and judicial review of any city action taken pursuant to this chapter, other than the initial approval of a development agreement, shall be by writ of mandate pursuant to Section 1094.5 of the California Code of Civil Procedure.

Any action or proceeding to attack, review, set aside, void, or annul any decision of the city taken pursuant to this chapter shall not be maintained by any person unless the action or proceeding is commenced within ninety (90) days after the date of a City Council decision.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

El Monte City Zoning Code

Division 12

Applications and Permits

CHAPTER 17.120 - ZONING CLEARANCES AND BUSINESS PERMITS[4]

Footnotes:

--- (4) ---

17.120.010 - Purpose.

(Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.120.020 - Applicability.

Automated Teller Machine (ATM);

Building murals;

Buildings and structures, including new construction, additions or conversions;

Decks that are more than two (2) feet above the adjacent grade at any point;

Fences and walls that are more than two (2) feet above the adjacent grade;

Outdoor seating/dining areas in excess of one hundred twenty (120) square feet in area;

10.

Patio covers, patio enclosures, gazebos, porch or trellis covers, breezeways and similar structures;

11.

Reconstructing or restoring a damaged building or structure.

12.

Self-service (i.e. reverse vending machines) recycling facilities, subject to Section 17.112.150 (Standards for Nonresidential Uses—Recycling Facilities) of this title;

13.

Storage structures and tool sheds in excess of one hundred twenty (120) square feet in area; and

14.

Vending machines.

Director Level Zoning Clearances. Approval of a director level zoning clearance shall be required for any of the following:

Affordable housing density bonus, with or without concessions;

Development Opportunity Reserve (DOR) within the Downtown Specific Plan;

Downtown parking credits;

Large group homes with seven (7) or more residents;

Large residential care homes with seven (7) or more residents;

Small or large collection containers, subject to Section 17.112.060 (Standards for Nonresidential Uses—Collection Containers) of this title;

Small recycling facilities, subject to Section 17.112.160 (Standards for Nonresidential Uses—Recycling Facilities) of this title; and

Other improvements that require approval from the Community Development Director.

(Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

Footnotes:

--- (5) ---

Note— If the vacancy is greater than 50 percent, the new use shall comply with the zoning district; if the vacancy has for less than one, the use does not need a zoning clearance.

17.120.030 - Exempt projects.

Zoning Clearances. The following projects shall be exempt from a zoning clearance:

Landscaping improvements or restorations less than five hundred (500) square feet in area; and

Concrete flatwork that does not cover more than forty (40) percent of the front or street side yard of any residentially zoned or used property.

Business Occupancy Permits. Residential uses and business license renewals shall not require a business occupancy permit.

(Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.120.040 - General procedures.

The rules and procedures for applications, records and investigations applicable to zoning clearance shall be as follows:

Records. Applications filed pursuant to this chapter shall be numbered consecutively in the order of their filing and shall be part of the permanent official records of the Planning Division.

(Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.120.050 - Guidelines.

Zoning Clearances. The Planning Division or Community Development Director shall review the applicable guidelines outlined below, to determine if the request is appropriate:

The proposed improvements will not be detrimental to the public health, safety or welfare or injurious to the subject property or other improvements in the area;

The orientation and location of the buildings or structures are appropriate for the property;

The vehicular and pedestrian circulation on the property allow for the safe movement of people regardless of their mode of travel;

The functionality of the floor plans is superior; and

Business Occupancy Permits. The Planning Division shall review the applicable guidelines outlined below, to determine if the request is appropriate:

The proposed use or changes to the existing use are clearly defined and permitted in the applicable zoning district;

The proposed use or changes to the existing use will comply with all applicable provisions of this title; and

Conditions of approval have been added to minimize any potential impacts.

(Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.120.060 - Time periods.

The zoning clearances and business occupancy permits shall be valid for twelve (12) months after the date of approval by Planning Division.

(Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.120.070 - Appeals.

(Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.121.010 - Purpose.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022)

17.121.020 - Applicability.

The Planning Division shall review and provide comments on the site configuration, architectural design, signage and landscaping for the following:

New nonresidential buildings greater than five thousand (5,000) square feet in gross floor area;

New drive-thru facilities;

New vehicle car wash facilities, vehicle sales (new and/or used vehicles), vehicle service and repair facilities and vehicle service stations;

New mixed-use projects with multiple-family residential units;

Housing development projects with two (2) new units on a property, including developments with two (2) new urban dwelling units; and

Housing development projects with three (3) or more units that do not meet the eligibility requirements under subsection 17.122.020(C)(8) (Design Review—Applicability) of this title.

The Community Development Director may, at his or her discretion, have the initial plan review requirement waived, provided both of the following apply:

The project was approved and expired within the past three (3) years or the same or substantially similar project went through the Initial Plan Review process within the past three (3) years; and

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.121.030 - General procedures.

The rules and procedures for applications, records and investigations applicable to an initial plan review shall be as follows:

Records. Applications filed pursuant to this chapter shall be numbered consecutively in the order of their filing and shall be part of the permanent official records of the Planning Division.

Decisions. The Planning Division shall issue a comment letter within ninety (90) days after a complete application is filed.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.121.040 - Time periods.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022; Ord. No. 3023, § 4.B(Exh. B), 5-2-2023)

17.122.010 - Purpose.

(Ord. No. 3011, § 3(Exh. B), 6-21-2022)

17.122.020 - Applicability.

Levels of Review.

Design Review Applications. The Planning Commission shall review and approve, conditionally approve or deny the site configuration, architectural design, signage and landscaping.

Thresholds for Review. Tables 17.112-1 and 17.112-2 prescribe the thresholds for design review and minor design review applications.

Table 17.122-1—Thresholds for Review

Nonresidential Uses	Planning Division	Minor Design Review	Design Review
Canopy structure, new or additions	≤3,500 sq. ft.	≥3,500 sq. ft. in gross floor area	—
Building, new	<500 sq. ft.	500 sq. ft. to 5,000 sq. ft. in gross floor area	>5,000 sq. ft. in gross floor area
Building, additions	<10% of the gross floor area	10% to 25% of the gross floor area	>25% or 2,500 sq. ft., whichever is greater
Building, increased height	<10% of the roof area	10% to 25% of the roofed area	>25% of the roofed area and visible from a street
Building, exterior remodel	≤25% of elevations	>25% of elevations	—
Conversion, from residential to a nonresidential use	—	New conversion, may expand <50% of the gross floor area	New conversion with an expansion ≥50% of the gross floor area
Billboards	—	—	New, remodel or expansion of an existing
Cannabis activity, commercial	—	New or expansion of an existing	—
Drive-thru facilities	—	Expansion of an existing	New
Pylon signs	≤25 ft. in height	Remodel of existing signs >25 ft. in height (height shall not be increased)	New signs >25 ft. in height
Vehicle retail and service uses ²	—	—	New or expansion of an existing
Residential Uses
1 unit on a lot	All other new or expansion of an existing unit	New or expansion of existing units greater than 1 story in the RHOD	—
2 units on a lot	Expansion of existing units	1 or 2 new units	—
≥3 units on a lot		1 new unit	≥2 new units
Mixed-use with residential or live/work	—	Expansion of existing projects	All new projects
Certain special housing projects ³	—	All new units and expansion of existing units	—