(a)

Purpose. The purpose of a zoning application is to allow for consideration of applications for a change in the zoning ordinance or a change in the zone on a property shown on the official zoning map.

(1)

Zoning ordinance amendments. The zoning regulations set forth in the chapter may be amended in accordance with the procedures of this article.

(2)

Zone map change. The boundaries of the zoning designation on any property set forth on the official zoning map on file with the city clerk, may be amended by changing the zoning designation in accordance with the procedures of this article.

(b)

New applications. An application for an amendment to the zoning ordinance or for a zone map change shall be filed with the director or the director's designee by the property owner or an authorized agent on a form(s) prescribed by the director, and shall include information and/or maps which are deemed by the director to be necessary to enable the approving authority to make the required findings. The director or the director's designee shall make available, in writing, a listing of the information and/or maps which are required to be submitted. Concurrent applications may be filed and processed.

(c)

Compliance with Government Code § 65853. Any zone ordinance amendment or zone map change, which changes any property from one zone to another or imposes any regulation specified in Government Code § 65850 not previously imposed or removes or modifies any specified regulation previously imposed shall be adopted in compliance with Government Code §§ 65854 to 65857, inclusive and as specified in this article.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

An application fee for a zoning ordinance amendment or zone change shall accompany the application submittal requirements which are filed with the director. The fee(s) shall cover the costs of processing the applications in accordance with a schedule adopted from time to time by city council resolution.

(b)

Applications which are deemed incomplete and with no activity to complete the application for a period of 12 months from the filing date are considered automatically withdrawn and may be subject to a refund in accordance with this section. Applications which have been withdrawn will require a new application and fee to be submitted in order to process the application.

(c)

Application fee refunds shall be authorized by the director for applications that are withdrawn upon written request and proof of payment by the applicant, in accordance with a refund schedule based upon staff time spent on the project. Requests for application fee refunds shall be valid for a period of up to six months from the date of withdrawal.

(d)

Portions of application fees paid to another jurisdiction or agency for services to be rendered in connection with the application shall not be refunded until recovered by the city. Nothing contained in this section shall prohibit another jurisdiction or agency from refunding fees directly to the applicant. If fees have been paid out to another jurisdiction or agency, the administrative fee related to coordinating the review of applications by other jurisdictions or agencies is nonrefundable.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

The director shall investigate and prepare a written report on all applications. Copies of the report shall be provided to the approving authority and the applicant at least three calendar days prior to a hearing an the application.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

Hearing date. The director in the case of the planning commission, and the city clerk in the case of the city council shall set the time and place of the required public hearings. The hearing body, i.e., the commission, or council may change the time or place of their hearing, or may continue their hearing from time to time.

(b)

Public hearing notice. Notice of public hearings shall contain the time and place of the hearing and the location and proposed use of the subject property.

(c)

Publication. Notice of public hearing shall be published once in a newspaper of general circulation in the city not less than ten days prior to the date of the hearing.

(d)

Mailing. Notice of public hearing shall be mailed not less than ten days prior to the date of the hearing of owners of property within a radius of 500 feet of the exterior boundaries of the subject property. If the director deems the proposal to have a greater effect than the required notification radius, the director may increase the notification radius appropriately.

(e)

Testimony. A summary of all pertinent testimony offered at the public hearing, the names and addresses of the persons testifying, copies of all notices, affidavits of posting and publication, and records of action taken shall be a part of the permanent files of the project.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

Planning commission. The planning commission shall be responsible for review and recommendation of zoning ordinance amendments and zone map changes to the city council.

(b)

City council. The city council shall be responsible for the final review and approval of zoning ordinance amendments and zone map changes.

(c)

Effective date. The zoning ordinance amendment or zone map change shall become effective 30 days following the date of the second reading of the city council ordinance approving the action.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

Upon approval of a zoning ordinance amendment or zone change the following findings shall be made by the approving authority:

(a)

Zoning ordinance amendments.

(1)

That the zoning ordinance amendment is in conformance with the latest adopted general plan for the city; and

(2)

That the zoning ordinance amendment will protect the public health, safety and welfare.

(b)

Zone map change.

(1)

That the proposed change of zone is in conformance with the latest adopted general plan for the city; and

(2)

That the affected site is physically suited for the proposed zone change in terms of location, shape, size, and design; and

(3)

That the proposed change of zone is substantially compatible with adjacent zoning, established land uses, and/or the planned development patterns in the vicinity, in terms of density, development standards, and character.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

Decisions of the planning commission on a zoning ordinance amendment or zone map change are automatically scheduled for city council action. The council may affirm, modify or reverse the planning commission decision, making any findings required by this chapter and/or state law. The decision of the city council shall be final.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15; Ord. No. 1903, § 2(Exh. 1), 8-11-15)

An application for a zone change on the same property or substantially the same property following the denial of the same request shall not be accepted within one calendar year of the date of denial unless the approving authority waives the resubmittal date at the time of project denial.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

Purpose. Certain types of land uses require special consideration in a particular zone or in the city as a whole, and possess unique or special characteristics which make automatic inclusion as permitted uses either impractical or undesirable. For such uses, certain safeguards and conditions may be required to protect the public health, safety, convenience and general welfare and assure compatibility with adjacent uses.

(b)

Applicability. A conditional use permit shall be required for any use designated as requiring a conditional use permit in the city's land use matrix for the zone in which the project is located.

(c)

New applications. An application for a conditional use permit shall be filed with the director or the director's designee by the property owner or an authorized agent on a form(s) prescribed by the director, and shall include information and/or maps which are deemed by the director to be necessary to enable the approving authority to make the required findings. The director or the director's designee shall make available, in writing, a listing of the information and/or maps which are required to be submitted. Concurrent applications may be filed and processed.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

An application fee for a conditional use permit shall accompany the application submittal requirements which are filed with the director. The fee(s) shall cover the costs of processing the applications in accordance with a schedule adopted from time to time by city council resolution.

(b)

A streamlined conditional use permit with a reduced application fee may be considered in certain circumstances in which the amount of staff time required to process an application is less if the applicant can demonstrate to the satisfaction of the director that:

(1)

The use is proposed to occupy an existing building or tenant space in a legally constructed building and tenant improvements or additions do not increase the existing square footage by more than 30 percent;

(2)

The use meets all development standards of the zone, including providing for adequate parking;

(3)

The use is not detrimental to public health and safety;

(4)

The use does not include any uses determined to have a community sensitivity such as an adult business, alcohol sales, live entertainment, pawn shop, smoke shop, massage parlor, or tattoo/piercing shop;

(5)

The use is not specifically listed in other chapters of the code as requiring a conditional use permit with additional application submittal requirements or findings;

(6)

The environmental effects of the use do not require the preparation of a mitigated negative declaration or environmental impact report.

(c)

Applications which are deemed incomplete and with no activity to complete the application for a period of 12 months from the filing date are considered automatically withdrawn and may be subject to a refund in accordance with this section. Applications which have been withdrawn will require a new application and fee to be submitted in order to process the application.

(d)

Application fee refunds shall be authorized by the director for applications that are withdrawn upon written request and proof of payment by the applicant, in accordance with a refund schedule based upon staff time spent on the project. Requests for application fee refunds shall be valid for a period of up to six months from the date of withdrawal.

(e)

Portions of application fees paid to another jurisdiction or agency for services to be rendered in connection with the application shall not be refunded by the city. Nothing contained in this section shall prohibit another jurisdiction or agency from refunding fees directly to the applicant. If fees have been paid out to another jurisdiction or agency, the administrative fee related to coordinating the review of applications by other jurisdictions or agencies is nonrefundable.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15; Ord. No. 1903, § 1(Exh. 1), 8-11-15)

The director shall investigate and prepare a written report on all applications. Copies of the report shall be provided to the approving authority and the applicant at least three calendar days prior to a hearing on the application.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

Hearing date. The director in the case of the planning commission, and the city clerk in the case of the city council shall set the time and place of the required public hearings. The hearing body, i.e., the commission, or council may change the time or place of their hearing, or may continue their hearing from time to time.

(b)

Public hearing notice. Notice of public hearings shall contain the time and place of the hearing and the location and proposed use of the subject property.

(c)

Publication. Notice of public hearings shall be published once in a newspaper of general circulation in the city not less than ten days prior to the date of the hearing.

(d)

Mailing. Notice of public hearings shall be mailed not less than ten days prior to the date of the hearing of owners of property within a radius of 500 feet of the exterior boundaries of the subject property. If the director deems the proposal to have a greater effect than the required notification radius, the director may increase the notification radius appropriately.

(e)

Testimony. A summary of all pertinent testimony offered at the public hearing, the names and addresses of the persons testifying, copies of all notices, affidavits of posting and publication, and records of action taken shall be a part of the permanent files of the project.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

Planning commission. The planning commission shall be responsible for the review and approval of conditional use permits.

(b)

Conditions of approval. The planning commission may impose conditions of approval which pertain to the development of the property and the operating conditions of the proposed use. Such conditions shall promote the safe and orderly use of the property and preserve the integrity and character of the surrounding land uses, as appropriate.

(c)

Effective date. The conditional use permit shall become effective ten days following the date of approval by the applicable approving authority, unless otherwise appealed pursuant to section 90-42.6.

(d)

Action of the planning commission shall be final unless appealed in accordance with the procedures of section 90-42.6.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

Upon approval of a conditional use permit, the following findings shall be made by the approving authority:

(1)

That the proposed location of the conditional use is in accord with the objectives of this chapter and the purposes of the zone in which the site is located; and

(2)

That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and

(3)

That the use and operation is consistent with the general plan elements, goals, and policies; and

(4)

That the type, intensity, sensitivity and operating characteristics of the proposed use, and the manner in which they will be located on the site, are compatible with existing land uses, the character of established neighborhoods, or planned development in the vicinity.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

An appeal of a planning commission decision may be made by an interested party to the city council. The appeal shall be filed within ten calendar days of the commission decision by filing a letter of appeal with the director. The director shall schedule the appeal for a hearing before the city council within 30 calendar days. The council may affirm, modify or reverse any planning commission decision, making findings required by this chapter and/or state law. The decision of the city council shall be final.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

An application for a conditional use permit on the same property or substantially the same property following the same request shall not be accepted within one calendar year of the date of denial unless the approving authority waives the resubmittal date at the time of project denial.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

A conditional use permit approval shall expire 24 months after final approval unless construction has commenced and is being carried on diligently to completion, or an application for a time extension is filed prior to the expiration. If an application for extension is filed prior to the expiration, the approving authority may extend the time limit up to a maximum period of three additional years.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

Modifications or revisions to an approved application shall require the submittal of a conditional use permit modification application and shall conform to all of the submittal requirements and fees in effect at the time of application. Only the approving authority shall approve modifications or revisions to approved applications and only after the hearings required in this chapter. Modifications must be found in substantial conformance to the purpose and intent of the original approval. All copies of the revised conditional use permit including the site plan and conditions of approval shall be dated and signed by the director and made a part of the record.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

Approved conditional use permit applications run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the application provided that the use has not ceased for six months. All conditions of the application shall continue to apply to the new owner, and the change in ownership shall require a new business license and certificate of occupancy to be filed with the city.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

Suspension for violation. Upon violation of any applicable provision of this article, or, if the application was granted subject to conditions, upon failure to comply with conditions, the application shall automatically be suspended. The planning commission shall, within 40 calendar days of the suspension of the conditional use permit, hold a hearing in accordance with the requirements of section 90-42.3 to consider revocation.

(b)

Findings for revocation. A conditional use permit may be revoked if the planning commission finds:

(1)

That the use is detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; or

(2)

That the conditional use permit was obtained by fraud; or

(3)

That the use for which the conditional use permit was granted is not being exercised; or

(4)

That the use for which the conditional use permit was granted has ceased or been suspended for more than six months; or

(5)

That a status of noncompliance exists with regards to any of the conditions of the conditional use permit.

(c)

Revocation. If after the hearing the planning commission is not satisfied that the regulation, general provision or condition for which compliance is required is being met the following actions shall be taken:

(1)

The permit may be revoked and become null and void; or

(2)

The planning commission may take such action as deemed necessary and appropriate to ensure compliance with the regulation, general provision or condition; or

(3)

New requirements and/or conditions may be added.

(d)

Action of the planning commission shall be final within ten calendar days unless appealed in accordance with the procedures of section 90-42.6.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

Purpose. The purpose of an administrative use permit is to provide a shorter review process for a small select list of uses in lieu of a conditional use permit. In those instances where, in the director's opinion, a limited notification is sufficient to meet the purpose of the zone and where the use has been determined to have a limited effect to the surrounding area an administrative use permit may be processed.

(b)

Applicability. An administrative use permit shall be required for any use designated as requiring an administrative use permit in the city's land use matrix for the zone in which the project is located.

(c)

New applications. An application for an administrative use permit shall be filed with the director by the property owner or an authorized agent on a form(s) prescribed by the director, and shall include information and/or maps which are deemed by the director to be necessary to enable the approving authority to make the required findings. The director shall make available, in writing, a listing of the information and/or maps which are required to be submitted. Concurrent applications may be filed and processed.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

An application fee for an administrative use permit shall accompany the application submittal requirements which are filed with the director. The fee(s) shall cover the costs of processing the applications in accordance with a schedule adopted from time to time by city council resolution.

(b)

Applications which are deemed incomplete and with no activity to complete the application for a period of 12 months from the filing date are considered automatically withdrawn and may be subject to a refund in accordance with this section. Applications which have been withdrawn will require a new application and fee to be submitted in order to process the application.

(c)

Application fee refunds shall be authorized by the director for applications that are withdrawn upon written request and proof of payment by the applicant, in accordance with a refund schedule based upon staff time spent on the project. Requests for application fee refunds shall be valid for a period of up to six months from the date of withdrawal.

(d)

Portions of application fees paid to another jurisdiction or agency for services to be rendered in connection with the application shall not be refunded by the city. Nothing contained in this section shall prohibit another jurisdiction or agency from refunding fees directly to the applicant. If fees have been paid out to another jurisdiction or agency, the administrative fee related to coordinating the review of applications by other jurisdictions or agencies is nonrefundable.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

The director shall investigate and prepare a written report on all applications. Copies of the report shall be provided to the approving authority and the applicant at least three calendar days prior to a hearing on the application.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

Responsible party. The director shall set the time and place of the required administrative hearing. The director or the director's designee may change the time or place of the hearing, or may continue their hearing from time to time.

(b)

Hearing notice. Notice of the administrative hearing by the director shall be provided in writing to the adjacent and across the street property owners and tenants as well as any on-site tenants. The notice shall indicate the time and place of the hearing, a contact person, phone number of the contact person, where a copy of the staff investigation report may be viewed and/or obtained, and the appeal procedure.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

Director. The director shall be responsible for the review and approval of administrative use permits.

(b)

Effective date. The permit shall become effective ten days following the date of approval by the applicable approving authority, unless otherwise appealed pursuant to section 90-43.6.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

Upon approval of an administrative use permit, the following findings shall be made by the approving authority:

(a)

That the proposed location of the administrative use is in accord with the objectives of this chapter and the purposes of the zone in which the site is located; and

(b)

That the proposed location of the administrative use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and

(c)

That the use and operation is consistent with the general plan elements, goals, and policies; and

(d)

That the type, intensity, sensitivity and operating characteristics of the proposed use, and the manner in which they will be located on the site, are compatible with existing land uses, the character of established neighborhoods, or planned development in the vicinity.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

Appeal of the director's decision. An appeal by an interested party may be made to the planning commission of the director's decision. The appeal shall be filed within ten calendar days of the director's decision by filing a letter of appeal with the director and paying the required appeal fee established by city council resolution. The appeal shall be scheduled for a de novo hearing before the planning commission within 30 calendar days and shall require the same notice as indicated in section 90-43.3. The commission may affirm, modify or reverse the director's decision, making findings required by this chapter and/or state law.

(b)

Appeal of the planning commission's decision. An appeal by an interested party may be made to the city council of a planning commission decision. The appeal shall be filed within ten calendar days of the commission decision by filing a letter of appeal with the director and the required appeal fee established by city council resolution. The appeal shall be scheduled for a de novo public hearing before the city council within 30 calendar days. The council may affirm, modify or reverse the planning commission decision, making findings required by this chapter and/or state law. The decision of the city council shall be final.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

An application for an administrative use permit on the same property or substantially the same property following the same request shall not be accepted within one calendar year of the date of denial unless the approving authority waives the resubmittal date at the time of project denial.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

An administrative use permit approval shall expire 24 months after final approval unless construction has commenced and is being carried on diligently to completion, or an application for a time extension is filed prior to the expiration. If an application for extension is filed prior to the expiration, the approving authority may extend the time limit up to a maximum period of three additional years.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

Modifications or revisions to an approved application shall require re-application and shall conform to all of the submittal requirements and fees in effect at the time of application. Only the approving authority shall approve modifications or revisions to approved applications and only after the required hearings of this chapter. Modifications must be found in substantial conformance to the original approval. All copies of the revised approvals shall be dated and signed by the director and made a part of the record.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

Approved administrative use permit applications run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the application provided that the use has not ceased for six months. All conditions of the application shall continue to apply to the new owner, and the change in ownership shall require a new business license and certificate of occupancy to be filed with the city.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

Suspension for violation. Upon violation of any applicable provision of this article, or, if the application was granted subject to conditions, upon failure to comply with conditions, the application shall automatically be suspended. The director shall, within 40 calendar days of the suspension of the administrative use permit, hold a hearing. The hearing shall be in accordance with the requirements of section 90-43.3 to consider revocation.

(b)

Findings for revocation. An administrative use permit may be revoked if the director finds:

(1)

That the use is detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; or

(2)

That the administrative use permit was obtained by fraud; or

(3)

That the use for which the administrative use permit was granted is not being exercised; or

(4)

That the use for which the administrative use permit was granted has ceased or been suspended for more than six months; or

(5)

That a status of noncompliance exists with regards to any of the conditions of the administrative use permit.

(c)

Revocation. If after the hearing the director is not satisfied that the regulation, general provision or condition for which compliance is required is being met the following actions shall be taken:

(1)

The permit may be revoked and become null and void; or

(2)

The director may take such action as deemed necessary and appropriate to ensure compliance with the regulation, general provision or condition; or

(3)

New requirements and/or conditions may be added.

(d)

Action of the director shall be final within ten calendar days unless appealed in accordance with the procedures of section 90-43.6.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

Purpose. The purpose of a variance is to allow for a reduction in the development standards of the zone in which the property is located in those instances where the strict or literal enforcement of the chapter would result in practical difficulty or unnecessary hardship in consistent with the purposes and objectives of this chapter.

(b)

New applications. An application for a variance shall be filed with the director or the director's designee by the property owner or an authorized agent on a form(s) prescribed by the director, and shall include information and/or maps which are deemed by the director to be necessary to enable the approving authority to make the required findings. The director or the director's designee shall make available, in writing, a listing of the information and/or maps which are required to be submitted. Concurrent applications may be filed and processed.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

An application fee for a variance shall accompany the application submittal requirements which are filed with the director. The fee(s) shall cover the costs of processing the applications in accordance with a schedule adopted from time to time by city council resolution.

(b)

Application fee refunds shall be authorized by the director for applications that are withdrawn upon written request and proof of payment by the applicant, in accordance with a refund schedule based upon staff time spent on the project. Requests for application fee refunds shall be valid for a period of up to six months from the date of withdrawal.

(c)

Portions of application fees paid to another jurisdiction or agency for services to be rendered in connection with the application shall not be refunded by the city. Nothing contained in this section shall prohibit another jurisdiction or agency from refunding fees directly to the applicant. If fees have been paid out to another jurisdiction or agency, the administrative fee related to coordinating the review of applications by other jurisdictions or agencies is nonrefundable.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

The director shall investigate and prepare a written report on all applications. Copies of the report shall be provided to the approving authority and the applicant at least three calendar days prior to a hearing on the application.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

Hearing date. The director in the case of the planning commission, and the city clerk in the case of the city council shall set the time and place of the required public hearings. The hearing body, i.e., the commission, or council may change the time or place of their hearing, or may continue their hearing from time to time.

(b)

Public hearing notice. Notice of public hearings shall contain the time and place of the hearing and the location and proposed use of the subject property.

(c)

Publication. Notice of public hearing shall be published once in a newspaper of general circulation in the city not less than ten days prior to the date of the hearing.

(d)

Mailing. Notice of public hearing shall be mailed not less than ten days prior to the date of the hearing of owners of property within a radius of 300 feet of the exterior boundaries of the subject property. If the director deems the proposal to have a greater effect than the required notification radius, the director may increase the notification radius appropriately.

(e)

Testimony. A summary of all pertinent testimony offered at the public hearing, the names and addresses of the persons testifying, copies of all notices, affidavits of posting and publication, and records of action taken shall be a part of the permanent files of the project.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

Planning commission. The planning commission shall be responsible for the review and approval of variances.

(b)

Effective date. The permit shall become effective ten days following the date of approval by the applicable approving authority, unless otherwise appealed pursuant to section 90-44.6.

(c)

[Commission action final.] Action of the planning commission shall be final unless appealed in accordance with the procedures of section 90-44.6.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

Upon approval of a variance, the following findings shall be made by the approving authority:

(1)

There are unique physical circumstances applicable to the subject land, including size, shape, topography, location or surroundings. If the approving body finds that the physical circumstances are similar to other parcels in the zone, such circumstances are not unique and a variance shall not be granted; and

(2)

The strict application of zoning standards deprives the property of the right to use the land in a manner enjoyed by other conforming property in the vicinity under identical zoning standards; and

(3)

The approval of a variance shall not constitute a grant of special privileges which other conforming properties in the vicinity do not enjoy under identical zoning standards.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

An appeal of a planning commission decision may be made by an interested party to the city council. The appeal shall be filed within ten calendar days of the commission decision by filing a letter of appeal with the director and the required appeal fee established by city council resolution. The director shall schedule the appeal for a de novo public hearing before the city council within 30 calendar days. The council may affirm, modify or reverse the planning commission decision, making findings required by this chapter and/or state law. The decision of the city council shall be final.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

An application for a variance on the same property or substantially the same property following the same request shall not be accepted within one calendar year of the date of denial unless the approving authority waives the resubmittal date at the time of project denial.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

A variance approval shall expire 24 months after final approval unless construction has commenced and is being carried on diligently to completion, or an application for a time extension is filed prior to the expiration. If an application for extension is filed prior to the expiration, the approving authority may extend the time limit up to a maximum period of three additional years.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

Modifications or revisions to an approved application shall require re-application and shall to all of the submittal requirements and fees in effect at the time of application. Only the approving authority shall approve modifications or revisions to approved applications and only after the hearing required in this chapter. All copies of the revised approvals shall be dated and signed by the director and made a part of the record.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

Approved variance applications run with the land and shall continue to be valid upon a change of ownership of the site or structure, which was the subject of the application. All conditions of the application shall continue to apply to the new owner.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

Purpose. The purpose of an administrative adjustment is to allow for a minor variance in property development standards in the following circumstances:

(1)

In those instances where the strict or literal enforcement of the chapter would result in practical difficulty or unnecessary hardship inconsistent with the purposes and objectives of this chapter.

a.

A maximum increase of 20 percent in the allowed height of buildings or structures.

b.

A maximum decrease of 20 percent in the required setbacks for structures or the distance between structures on the same site.

c.

A maximum decrease of ten percent in the required parcel area, parcel depth, or parcel width.

d.

A maximum increase of ten percent in the allowed lot coverage requirement or floor area ratio.

e.

A reduction in the number of required parking spaces and/or of the off-street parking space design, layout, and landscape standards by not more than five percent.

f.

An adjustment of required on-site landscaping and fencing standards, including height, materials, and encroachment into setbacks.

(2)

For approval of a non-residential accessory structure in the agricultural zones pursuant to subsection 90-186(e)(2) and in the single-family residential zones pursuant to subsection 90-320(c).

(b)

New applications. An application for an administrative adjustment shall be filed with the director by the property owner or an authorized agent on a form(s) prescribed by the director, and shall include information and/or maps which are deemed by the director to be necessary to enable the approving authority to make the required findings. The director shall make available, in writing, a listing of the information and/or maps which are required to be submitted. Concurrent applications may be filed and processed.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15; Ord. No. 1957, § 1, 6-11-19)

(a)

An application fee for an administrative adjustment shall accompany the application submittal requirements which are filed with the director. The fee(s) shall cover the costs of processing the applications in accordance with a schedule adopted from time to time by city council resolution.

(b)

Applications which are deemed incomplete and with no activity to complete the application for a period of 12 months from the filing date are considered automatically withdrawn and may be subject to a refund in accordance with this section. Applications which have been withdrawn will require a new application and fee to be submitted in order to process the application.

(c)

Application fee refunds shall be authorized by the director for applications that are withdrawn upon written request and proof of payment by the applicant, in accordance with a refund schedule based upon staff time spent on the project. Requests for application fee refunds shall be valid for a period of up to six months from the date of withdrawal.

(d)

Portions of application fees paid to another jurisdiction or agency for services to be rendered in connection with the application shall not be refunded by the city. Nothing contained in this section shall prohibit another jurisdiction or agency from refunding fees directly to the applicant. If fees have been paid out to another jurisdiction or agency, the administrative fee related to coordinating the review of applications by other jurisdictions or agencies is nonrefundable.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

The director shall investigate and prepare a written report on all applications setting forth the findings for approval or denial required pursuant to section 90-45.4.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

Administrative adjustments. Administrative adjustment determinations by the director are administrative actions and generally will not require notice and a public hearing unless the project may affect the property rights or enjoyment of neighboring properties as determined by the director.

(b)

Review authority. The director shall be responsible for the review and approval of administrative adjustments. However, the planning commission shall review and approve administrative adjustment applications that accompany a development project under consideration by the planning commission.

(c)

Effective date. The administrative adjustment shall become effective ten days following the date of approval by the applicable approving authority, unless appealed pursuant to section 90-45.5.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15; Ord. No. 1971, § 4, 1-12-21)

Upon approval of an administrative adjustment, the following findings shall be made by the approving authority:

(1)

There are unique physical circumstances applicable to the subject land, including size, shape, topography, location or surroundings. If the approving body finds that the physical circumstances are similar to other parcels in the zone, such circumstances are not unique and an administrative adjustment shall not be granted; and

(2)

The strict application of zoning standards deprives the property of the right to use the land in a manner enjoyed by other conforming property in the vicinity under identical zoning standards; and

(3)

The approval of an administrative adjustment does not constitute a grant of special privileges which other conforming properties in the vicinity do not enjoy under identical zoning standards.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

An appeal by an interested party may be made to the planning commission of the director's decision. The appeal shall be filed within ten calendar days of the director's decision by filing a letter of appeal with the director and paying the required appeal fee established by city council resolution. The appeal shall be scheduled for a de novo hearing before the planning commission within 30 calendar days and shall require the same notice as indicated in section 90-45.3. The commission may affirm, modify or reverse the director's decision, making any findings required by this chapter and/or state law.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

An application for an administrative adjustment on the same property or substantially the same property following the same request shall not be accepted within one calendar year of the date of denial unless the approving authority waives the resubmittal date at the time of project denial.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

An administrative adjustment approval shall expire 24 months after final approval unless construction has commenced and is being carried on diligently to completion.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

Modifications or revisions to an approved application shall require re-application and shall conform to all of the submittal requirements and fees in effect at the time of application. Only the approving authority shall approve modifications or revisions to approved applications and only after the required hearings of this chapter. Modifications must be found in substantial conformance to the original approval. All copies of the revised approvals shall be dated and signed by the director and made a part of the record.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

Approved administrative adjustment applications run with the land and shall continue to be valid upon a change of ownership of the site or structure, which was the subject of the application.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

In order to assist in the development process and review, the development review committee is established. The development review committee shall be comprised of the police chief, fire chief, building official, city engineer, the public works director, and the community development director or their designees. The community development director or designee shall serve as the chair of the committee and shall be responsible for the agenda and the running of the meeting. The intent of the development review committee is to provide a single point for the initial city staff review and comment on proposed projects to better coordinate the application or project review process.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

The director shall, in consultation with the committee, set the time and place for regularly scheduled meetings of the committee. The schedule and committee agenda shall be posted in the planning division and on the city bulletin board. The schedule and agenda shall indicate agenda items, the time and place of the committee meetings, and a contact person for each application.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

Preliminary review. Pre-application review shall be as provided in section 90-49.

(b)

Developer assistance. If in the process of building plan check for the development of a structure and/or use allowed by chapter 90 herein, a conflict with the plans arises, the applicant may seek to resolve the conflict through the preliminary review process established in section 90-49.

(c)

Planning application review. Prior to consideration by the approving body on an application for development required by chapter 90, the committee may review specified planning applications including zoning ordinance amendments, zone map changes, specific plans, planned unit developments, tentative tract maps, tentative parcel maps, community plans, conditional use permits, administrative use permits, site development review, downtown project review, use conversions, variances, and administrative adjustments, unless otherwise determined by the director that the scope of the project does not require development review committee review. The review shall consist of a review of the applications and plans for compliance with the Hemet Municipal Code, the California Fire Code, the California Building Code, the City of Hemet General Plan, the City of Hemet standard plans and specifications for public works construction, applicable design guidelines, and other applicable local, state and federal plans and laws.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

Distribution. At least 14 days prior to the scheduled development review committee meeting the director shall distribute an agenda of the meeting indicating those items that are subject to the review of the committee, including any maps, plans and/or reports regarding the agenda items.

(b)

Comments and conditions. Each member of the committee shall prepare written comments and/or conditions for discussion with the applicant at the scheduled development review committee meeting, and shall transmit copies of the comments to the case planner prior to or at the time of the development review committee meeting.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

Editor's note— Ord. No. 1926, § 3, adopted April 25, 2017, repealed § 90-47, which pertained to downtown project review applications and derived from Ord. No. 1900, § 4(Exh. 1), adopted April 14, 2015.

Editor's note— Ord. No. 1949, § 3(Exh. A, 3), adopted September 25, 2018, repealed §§ 90-47.1—90-47.9, which pertained to downtown project review and derived from Ord. No. 1900, adopted April 14, 2015.

(a)

Purpose. The purpose of a site development review application is to ensure compliance with the development standards of this chapter, building, fire, and housing codes, applicable design guidelines and standards, specific plan requirements, and general plan policies prior to the issuance of building permits. It is further the intent of the city by this section to provide for the orderly administration of the various regulations of the city, and to minimize future problems therewith, by requiring the review and approval of development proposals by means of a site development review approval process.

(b)

Applicability. A site development review application shall be required for all new and revised development projects as provided in this section.

(1)

Major site development review. A major site development review application is required for projects consisting of:

a.

The site design and architecture of single family residential projects containing five or more parcels;

b.

Multifamily residential projects of two or more units that do not comply with article XIV (multifamily residential and mixed-use objective development and design standards), sections 90-421 through 90-432, as determined by the director or director's designee;

c.

Mixed-use development project with a residential component occupying two-thirds or greater of the overall gross floor area that do not comply with article XIV (multifamily residential and mixed-use objective development and design standards), sections 90-421 through 90-432, as determined by the director or director's designee;

d.

Institutional, public facility, or community facilities including recreation facilities and outdoor venues;

e.

Other uses for which major site development review is required by an adopted specific plan or the Hemet Municipal Code.

(2)

Minor site development review. A minor site development review application is required for projects consisting of:

a.

Single-family residential projects containing two to four parcels;

b.

Multifamily residential projects of two or more units that comply with article XIV (multifamily residential and mixed-use objective development and design standards), sections 90-421 through 90-432, as determined by the director or director's designee;

c.

Mixed-use development project with a residential component occupying two-thirds or greater of the overall gross floor area that comply with article XIV (multifamily residential and mixed-use objective development and design standards), sections 90-421 through 90-432, as determined by the director or director's designee;

d.

Commercial center upgrades or façade enhancements involving 40 percent or more of the center or facade;

e.

Churches and religious institutions in the S-1 zone or otherwise not requiring a conditional use permit;

f.

Other uses for which minor site development review is required by an adopted specific plan or the Hemet Municipal Code.

(3)

Minor site development review applications, except for multifamily residential development projects and mixed-use development projects with a residential component occupying two-thirds or greater of the overall gross floor area that comply with article XIV (multifamily residential and mixed-use objective development and design standards), sections 90-421 through 90-432, may be remanded for planning commission review and approval if determined by the director to have the potential to cause special community impacts or other unique or unusual effects.

(4)

In the event that a conditional use permit is required in addition to the site development review, only the conditional use permit application need be submitted, provided that the application materials and findings also address the requirements of this section.

(5)

If site development review is not required pursuant to this section, projects may proceed to plan check or permit, as applicable. The director may also determine that based upon the scope and circumstances of a particular project a site development review application is not required.

(c)

New applications. An application for site development review shall be filed with the director or the director's designee by the property owner or an authorized agent on a form(s) prescribed by the director, and shall include information and/or maps which are deemed by the director to be necessary to enable the approving authority to make the required findings. The director or the director's designee shall make available, in writing, a listing of the information and/or maps, which are required to be submitted. Concurrent applications may be filed and processed.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15; Ord. No. 1987, § 2, 12-14-21)

(a)

Major site development review applications. The planning commission shall be responsible for the review and approval of major site development review applications.

(b)

Minor site development review applications. The director shall be responsible for the review and approval of minor site development review applications.

(c)

Effective date. The permit shall become effective ten days following the date of approval by the applicable approving authority, unless otherwise appealed pursuant to section 90-48.6.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

An application fee for site development review shall accompany the application submittal requirements, which are filed with the director. The fee(s) shall cover the costs of processing the applications in accordance with a schedule adopted from time to time by city council resolution.

(b)

Applications which are deemed incomplete and with no activity to complete the application for a period of 12 months from the filing date are considered automatically withdrawn and may be subject to a refund in accordance with this section. Applications which have been withdrawn will require a new application and fee to be submitted in order to process the application.

(c)

Application fee refunds shall be authorized by the director for applications that are withdrawn upon written request and proof of payment by the applicant, in accordance with a refund schedule based upon staff time spent of the project. Requests for application fee refunds shall be valid for a period of up to six months from the date of withdrawal.

(d)

Portions of application fees paid to another jurisdiction or agency for services to be rendered in connection with the application shall not be refunded by the city. Nothing contained in this section shall prohibit another jurisdiction or agency from refunding fees directly to the applicant. If fees have been paid out to another jurisdiction or agency, the administrative fee related to coordinating the review of applications by other jurisdictions or agencies is nonrefundable.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

The director shall investigate and prepare a written report on all applications. Copies of the report shall be provided to the approving authority and the applicant at least three calendar days prior to a hearing on the application.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

Major site development review applications.

(1)

Hearing date. The director in the case of the planning commission, and the city clerk in the case of the city council shall set the time and place of the required public hearings. The hearing body, i.e., the commission, or council may change the time or place of their hearing, or may continue their hearing from time to time.

(2)

Public hearing notice. Notice of public hearings shall contain the time and place of the hearing and the location and proposed use of the subject property.

(3)

Publication. Notice of public hearing shall be published once in a newspaper of general circulation in the city not less than ten days prior to the date of the hearing.

(4)

Mailing. Notice of public hearing shall be mailed not less than ten days prior to the date of the hearing of owners of property within a radius of 500 feet of the exterior boundaries of the subject property. If the director deems the proposal to have a greater effect than the required notification radius, the director may increase the notification radius appropriately.

(5)

Testimony. A summary of all pertinent testimony offered at the public hearing, the names and addresses of the persons testifying, copies of all notices, affidavits of posting and publication, and records of action taken shall be a part of the permanent files of the project.

(b)

Minor site development review application.

(1)

The director shall set the time and place of the required administrative hearing. The director or the director's designee may change the time or place of the hearing, or may continue their hearing from time to time.

(2)

Notice of the administrative hearing by the director shall be provided in writing to the adjacent and across the street property owners and tenants as well as any onsite tenants. The notice shall indicate the time and place of the hearing, a contact person, phone number of the contact person, where a copy of the staff investigation report may be viewed and/or obtained, and the appeal procedure.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

Upon approval of a site development review application, the approving authority shall make the following findings:

(a)

The project complies with the all provisions of this chapter, and all other relevant city regulations, policies and guidelines including applicable design guidelines, specific plan requirements, and general plan policies;

(b)

The project complies with the California Environmental Quality Act and all applicable requirements and procedures of the act have been followed;

(c)

The design, scale, height, and layout of the project is appropriate for the site, will not unreasonably interfere with the use and enjoyment of neighboring existing or future developments, will not create traffic or pedestrian hazards and will not otherwise have a negative impact on the aesthetics, health, safety or welfare of neighboring uses;

(d)

The architectural design of the project is compatible with the character of the surrounding neighborhood and will enhance the visual character of the neighborhood through good aesthetic use of materials, texture and color;

(e)

The project applies applicable energy, water, and open space conservation practices to project design as outlined in the general plan and any relevant specific plan to help manage and conserve natural resources for the benefit of current and future residents.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

Appeal of the director's decision. An appeal by an interested party may be made to the planning commission of the director's decision. The appeal shall be filed within ten calendar days of the director's decision by filing a letter of appeal with the director and paying the required appeal fee established by city council resolution. The commission may affirm, modify or reverse the director's decision, making findings required by this chapter and/or state law.

(b)

Appeal of the planning commission's decision. An appeal by an interested party may be made to the city council of a planning commission decision. The appeal shall be filed within ten calendar days of the commission decision by filing a letter of appeal with the director and the required appeal fee established by city council resolution. The council may affirm, modify or reverse the planning commission decision, making findings required by this chapter and/or state law. The decision of the city council shall be final.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

An application for site development review on the same property or substantially the same property following the same request shall not be accepted within one calendar year of the date of denial unless the approving authority waives the resubmittal date at the time of project denial.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

Site development review approval shall expire 24 months after final approval unless construction has commenced and is being carried on diligently to completion, or an application for a time extension is filed prior to the expiration. If an application for extension is filed prior to the expiration, the approving authority may extend the time limit up to a maximum period of three additional years.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

Modifications or revisions to an approved site development review application shall require submittal of a request to the director. The director shall have the authority to permit minor modifications to an approved minor site development review application. For the purposes of this section, a minor modification means where there is less than 20 percent change to the site plan, floor area, architecture, or façade of the original approval. The planning commission shall review all other modifications or revisions in accordance with the required review procedures in this chapter. Modifications must be found in substantial conformance to the original approval. All copies of the revised site development review permit, including the site plan and conditions of approval, shall be dated and signed by the director and made a part of the record.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

Suspension for violation. Upon violation of any applicable provision of this article, or, if the application was granted subject to conditions, upon failure to comply with conditions, the application shall automatically be suspended. The approving authority shall, within 40 calendar days of the suspension of the conditional use permit, hold a hearing in accordance with the requirements of section 90-48.3 to consider revocation.

(b)

Findings for revocation. A site development review permit may be revoked if the planning commission finds:

(1)

That the site development review permit was obtained by fraud; or

(2)

That the use for which the site development review permit was granted is not being exercised; or

(3)

That the use for which the site development review permit was granted has ceased or been suspended for more than six months; or

(4)

That a status of noncompliance exists with regards to any of the conditions of the site development review permit.

(c)

Revocation. If after the hearing the approving authority is not satisfied that the regulation, general provision or condition for which compliance is required is being met, the following actions shall be taken:

(1)

The permit may be revoked and become null and void; or

(2)

The approving authority may take such action as deemed necessary and appropriate to ensure compliance with the regulation, general provision or condition; or

(3)

New requirements and/or conditions may be added.

(d)

Action of the approving authority shall be final within ten calendar days unless appealed in accordance with the procedures of section 90-48.6.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

Purpose. The purpose of the pre-application review application is to reduce the time and expense of the development review process by providing to the applicant an informative assessment early in the process to assist in the efficient and coordinated processing of projects consistent with city standards and requirements, prior to the applicant's preparation of a formal submittal. It is further the intent of the city by this section to maintain and encourage high standards of development in the interest of public health, safety, economic development, and general welfare of the city.

(b)

Applicability. A pre-application review application shall be required for all new and revised projects as provided in this section:

(1)

Annexations.

(2)

General plan amendments.

(3)

Specific plans.

(4)

Residential projects of five or more parcels.

(5)

Multiple-family residential projects.

(6)

Commercial, industrial, and institutional projects with over 5,000 square feet of building area.

(7)

Conditional use permits (excluding streamlined review applications).

(8)

Tentative tract maps and tentative parcel maps.

(9)

Large scale special events that are outdoors, open to the public, and on property that is not typically allowed or permitted as an ongoing use of the site.

(c)

New applications. An application for pre-application review shall be filed with the director or the director's designee by the property owner or an authorized agent on a form(s) prescribed by the director. The director or the director's designee shall make available, in writing, a listing of the information and/or maps, which are required to be submitted.

(d)

The director shall have the authority to waive or require pre-application review for limited projects, as applicable based on the circumstances and scope of the project.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

An application fee for pre-application review shall accompany the application submittal requirements, which are filed with the director. The fee(s) shall cover the costs of processing the applications in accordance with a schedule based on staff time spent on the project.

(b)

Applications which have been withdrawn will require a new application and fee to be submitted in order to process the application.

(c)

Application fee refunds shall be authorized by the director for applications that are withdrawn upon written request and proof of payment by the applicant, in accordance with a refund schedule based upon staff time spent on the project. Requests for application fee refunds shall be valid for a period of up to six months from the date of withdrawal.

(d)

Nonprofit organizations with a 501(c)(3) tax exemption are exempt from pre-application review application fee requirements for large scale special events.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

Within 14 days from receipt of a pre-application review application, the director will schedule when the development review committee meeting will be held to discuss the proposed project with the applicant. The development review committee shall provide an initial review of the proposed development plans for compliance with the Hemet Municipal Code, the applications required, the Hemet General Plan and applicable design guidelines and standards as well as what technical studies or materials will be required to be filed with the formal application.

(b)

Within 20 working days after the development review committee meeting reviewing the proposed project, the director shall prepare and send to the applicant a letter summarizing the preliminary comments and recommendations of the development review committee.

(c)

Pre-application review shall not be considered a final review or substitute for the application submittal process. It is solely intended to provide the necessary information to enable an applicant to make an informed decision about whether or how to proceed with a development project in the city.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

A new pre-application review application shall be required if project applications associated with the pre-application review have not been submitted within 24 months of the last development review committee meeting or the project has substantially changed.

(b)

The director may extend the expiration date of a pre-application review application for an additional six months if written request for the extension is filed prior to the date of expiration.

(Ord. No. 1900, § 4(Exh. 1), 4-14-15)

(a)

The city council finds that nonconforming lots, land uses, structures, and improvements within the city, including those that are legally established and those that are illegal, are detrimental to the orderly development of the city, and the health, safety, peace, comfort and welfare of persons and property within the city.

(b)

The purpose of this division is to provide for the orderly termination of nonconforming rights for lots, land uses, structures, and improvements that were previously legally established; however, due to revisions to the development code, the previously legally established provisions no longer comply with the development code. The orderly termination of legally established nonconforming lots, land uses, structures, and improvements is necessary to promote the public health, safety and welfare, and to bring nonconforming lots, land uses, and structures into conformity with current development code provisions, and the goals and policies of the general plan.

(c)

This division is intended to limit the expansion of nonconforming lots, land uses, structures and improvements, establish the circumstances under which they may be continued, and provide for their correction, maintenance, and removal.

(d)

This division is intended to provide for the elimination of nonconforming lots, land uses, structures, and improvements as rapidly as possible, without infringing upon the constitutional rights of their owners.

(Ord. No. 2009, § 2, 3-14-23)

(a)

Nonconforming lots, land uses, structures, and improvements may be maintained, expanded, altered, and/or abated only in accordance with the provisions of this division. It shall be the property owner's responsibility to provide evidence or information to justify the establishment of the nonconforming rights provided under this division.

(b)

A lot, land use, structure, or improvement that becomes nonconforming due to a change in zoning district boundary or development code amendment, the period prescribed for abatement of the use or improvement of the lot or structure shall begin on the effective date of the change in zoning district boundary or development code amendment.

(Ord. No. 2009, § 2, 3-14-23)

(a)

A lot that is not in compliance with the development standards prescribed by this development code, as they pertain to minimum area, dimension, or configuration, shall be deemed a "legal nonconforming lot," provided the lot was lawfully created and existing at the time the ordinance codified in this development code that created the nonconformity became effective.

(b)

A legal nonconforming lot shall be granted all development rights and land uses of the zoning district in which it is located.

(Ord. No. 2009, § 2, 3-14-23)

A use that lawfully occupied a building or land at the time an ordinance codified in this development code became effective and does not conform to the use regulations of the zoning district in which it is located, shall be deemed a "legal nonconforming use." A legal nonconforming use may continue, subject to the following:

(1)

Discontinuance and abandonment of use, and loss of legal nonconforming status.

a.

Without further action by the city, a legal nonconforming use shall lose its legal nonconforming status and shall not be reestablished if the legal nonconforming use is abandoned for any reason.

1.

Residential land uses. A legal nonconforming residential land use shall be deemed abandoned if the use is discontinued for a period of 180 or more consecutive days.

2.

Nonresidential land uses. A legal nonconforming nonresidential land use shall be deemed abandoned if the use is discontinued for a single period of 180 or more consecutive days.

b.

Wherein the determination of abandonment of a land use is in question, the determination of abandonment shall be made by the community development director, or their designee, based upon satisfactory evidence. If there are no business receipts, records, or necessary licenses available to provide evidence that the land use in question has been in continual operation, the community development director, or their designee, may make a determination of "abandonment of use" based upon consideration of [i] the removal, without replacement, of equipment, furniture, machinery, fixtures, structures, or other components necessary to business operation, and/or [ii] the shut-off or disconnect of utilities (water, electricity, and/or natural gas).

c.

Following the discontinuance of a nonconforming land use, the use of a property shall comply with all current requirements of this development code and the applicable zoning district.

(2)

Change in ownership, tenancy or management. A change in ownership, tenancy or management of a nonconforming use shall not affect its legal nonconforming status, provided the use is not discontinued pursuant to subsection (1) (discontinuation of use and loss of legal nonconforming status) above, or the type of use and/or intensity of use does not change.

(3)

New development. New development on any lot upon which a legal nonconforming use exists shall require that all uses on the property conform to the provisions of this development code.

(4)

Alterations and expansion of use. A nonconforming use shall not be enlarged or extended in such a way as to occupy any part of any structure or property that the use did not occupy prior to the creation of the nonconformity.

(5)

Intensification of use. A nonconforming use shall not be intensified in such a way as to increase the discrepancy between existing conditions and the standards set forth in this development code.

(6)

Replacement of a nonconforming use by another nonconforming use. A legal nonconforming use may be replaced by another nonconforming use if the community development director, or their designee, can clearly establish the following:

a.

The nonconforming use is similar to the use(s) originally permitted in the structure/on the site;

b.

The nonconforming use will not adversely affect, or be materially detrimental to, adjoining properties; and

c.

The previous nonconforming use has not ceased for a period of 90 or more consecutive days.

(7)

Abatement of nonconforming uses. Nonconforming uses shall be abated as follows:

a.

A use shall be discontinued upon the issuance of a cease and desist order by the city if:

1.

The use is nonconforming due to an operation or process that poses a threat to the public health, safety or welfare, as determined by the police chief, fire chief, community development director, code enforcement supervisor, building official, public works director, or any of their designees; and

2.

The owner fails to discontinue the operation or process, or to fully mitigate the hazard(s) involved.

b.

A use that does not occupy a structure, or that occupies a structure having an assessed valuation of less than $2,500.00 and causes a public or private nuisance, shall be discontinued within five years following the effective date of the ordinance codified in this development code.

c.

The abatement of nonconforming alcohol businesses shall be governed by section 90-60 (deemed approved alcohol use nuisance regulations of this division).

d.

The abatement of nonconforming tobacco businesses shall be governed by section 90-61 (deemed approved tobacco use nuisance regulations of this division).

e.

A nonconforming use that has been discontinued or abandoned shall comply with subsection (1) (discontinuance and abandonment of use, and loss of legal nonconforming status) of this section.

(Ord. No. 2009, § 2, 3-14-23)

A structure or improvement that was lawfully constructed or installed at a time an ordinance codified in this development code became effective, and does not conform to the development standards of the zoning district in which it is located, shall be deemed a "legal nonconforming structure" or "legal nonconforming improvement," as applicable. A legal nonconforming structure or improvement may continue, subject to the following:

(1)

Damage or destruction of a legal nonconforming structure.

a.

A legal nonconforming structure that is damaged or partially destroyed by fire or other calamity, or the public enemy, or other cause which is beyond the control of the property owner, and which could not otherwise have been prevented by reasonable care and maintenance of the structure, may be reconstructed, restored, or rebuilt up to the original size, placement and density, provided that total cost of the reconstruction, restoration, or rebuilding does not exceed more than 50 percent of the structure's fair market value prior to said damage or destruction. Structure reconstruction, restoration, or rebuilding shall commence within 180 days following the occurrence of damage, and shall be diligently pursued to completion.

b.

In the event that the cost of reconstructing, restoring, or rebuilding a structure exceeds 50 percent of the fair market value of the structure prior to such damage occurring, the structure may be reconstructed, restored, or rebuilt up to its original size, placement, and density prior to such damage occurring, and the use of the structure resumed, subject to the following:

1.

The planning commission, at a duly noticed public hearing, shall first find that the reconstruction, restoration, or rebuilding of the nonconforming structure:

(i)

Will not be detrimental or injurious to the health, safety or general welfare of persons residing or working in the neighborhood;

(ii)

Will not be detrimental or injurious to property and improvements in the neighborhood; and

(iii)

Continuation of the nonconforming structure will not result in an annoyance to and/or reduction of any surrounding property.

2.

The public hearing and findings prescribed in subparagraph (1)b.1. above, shall not be required for the reconstruction, restoration, or rebuilding of a legal nonconforming single-family dwelling located on a lot that is designated for single-family dwellings in the general plan.

3.

The reconstruction, restoration, or rebuilding shall be commenced within 180 days following the date that the damage or destruction occurred and diligently pursued to completion.

4.

Nothing in this section shall be construed to permit the continuation of conditions that will endanger the health, safety, or welfare of building occupants, the residents of the area, or which constitute a public or private nuisance.

(2)

Reconstruction, restoration or rebuilding of legal nonconforming multiple-family housing.

a.

Pursuant to Government Code § 65852.25, legal nonconforming multiple-family housing that has been involuntarily damaged or destroyed by fire or other catastrophic event, or the public enemy, and such involuntarily damage or destruction could not otherwise have been prevented by reasonable care and maintenance of the structure, may be reconstructed up to the original size, placement and density, excepting multiple-family housing that conforms with one or more of the following:

1.

The reconstruction, restoration, or rebuilding will be detrimental or injurious to the health, safety or general welfare of persons residing or working in the neighborhood, or will be detrimental or injurious to property and improvements in the neighborhood;

2.

The existing nonconforming use of the building or structure would be more appropriately moved to a zone in which the use is permitted, or that there no longer exists a zone in which the existing nonconforming use is permitted; or

3.

The existing nonconforming use of the building or structure has ceased for a period of 180 or more consecutive days.

b.

The reconstruction, restoration, or rebuilding of any legal nonconforming multiple-family housing pursuant shall conform to all of the following:

1.

The California Building Standards Code, as that code was in effect at the time of reconstruction, restoration, or rebuilding;

2.

Any more restrictive local building standards authorized pursuant to Health and Safety Code §§ 13869.7, 17958.7, and 18941.5, as those standards were in effect at the time of reconstruction, restoration, or rebuilding;

3.

The provisions of this development code, so long as the predamage size and number of dwelling units are maintained;

4.

Architectural regulations and standards, so long as the predamage size and number of dwelling units are maintained; and

5.

A building permit shall be obtained within two years following the date that the damage or destruction occurred, and diligently pursued to completion.

c.

The reconstruction, restoration, or rebuilding of multiple-family housing that is involuntarily damaged or destroyed by fire or other catastrophic event, or by the public enemy, shall be prohibited within any industrial zoning district.

(3)

Alterations and expansions to legal nonconforming structures. A nonconforming structure shall not be moved, altered or enlarged so as to increase the discrepancy between existing conditions and the most current standard as prescribed by the zoning district in which the structure is located. Furthermore, reasonable repairs and alterations may be made to legal nonconforming nonresidential structures, provided that no structural alterations shall be made that would prolong the life of supporting members, such as bearing walls, columns, beams, or girders, of a structure. Structural elements may be modified only if the modification or repair is immediately necessary to protect the public health and safety, occupants of the legal nonconforming structure, or adjacent property, as determined by the building official, excepting alteration and/or enlargement of the following:

a.

A nonconforming structure shall not be moved, altered or enlarged so as to increase the discrepancy between existing conditions and the most current standard as prescribed by the zoning district in which the structure is located, excepting alteration and/or enlargement of:

1.

A single-family dwelling conducted pursuant to subsection (8) (nonconforming single-family residential structures) of this section.

2.

A multiple-family development conducted pursuant to subsection (9) (nonconforming multiple-family residential development) of this section.

3.

A nonresidential lot and/or structure conducted pursuant to subsection (10) (alteration and/or expansion of a nonconforming nonresidential structure) of this section.

b.

Within nonresidential zoning and land use districts, reasonable repairs and alterations may be made to legal nonconforming nonresidential structures, provided that no structural alterations shall be made that would prolong the life of supporting members, such as bearing walls, columns, beams, or girders, of a structure. Structural elements may be modified only if the modification or repair is immediately necessary to protect the public health and safety of occupants of the legal nonconforming structure or adjacent property, as determined by the building official, except as otherwise allowed by subsection (10) (alteration and/or expansion of a nonconforming nonresidential structure) of this section. The total cost of the repairs or alterations may not exceed 50 percent of the replacement cost of the nonconforming structure; however, improvements required to reinforce an unreinforced masonry structure shall be permitted without replacement cost limitations, provided the retrofitting is strictly limited to compliance with current earthquake safety standards.

(4)

Interior modifications to legal nonconforming structures. Changes to interior partitions or other nonstructural improvements and repairs may be made to legal nonconforming structures provided that, over any consecutive five-year period, the total cost of the desired improvements or repairs does not exceed 50 percent of the replacement cost of the structure. For the purpose of this provision, the replacement cost shall be determined by the community development director.

(5)

New structures. Any new structure constructed on a lot with an existing legal nonconforming structure shall be constructed in conformance with all applicable provisions of this development code; however, in no case may a new nonresidential structure be constructed on the same lot as an existing legal nonconforming residential structure.

(6)

Abatement of nonconforming structures posing a threat to the public health, safety and general welfare. A structure that is nonconforming because of a violation or deficiency that poses a threat to the public health, safety, or general welfare, as determined by the building official, and that fails to provide necessary improvements to resolve the nonconformity or to fully mitigate the hazard involved, shall be abated, condemned or demolished upon the issuance of a nuisance abatement, condemnation, or demolition order by the city.

(7)

Conversion of nonconforming residential structures located within industrial zoning districts. A nonconforming residential structure located within an industrial zoning district shall not be converted to accommodate a commercial or industrial land use.

(8)

Alteration and/or expansion of a nonconforming single-family residential structures. In addition to the requirements of subsections (1) through (7) of this section, a nonconforming single- family residential lot and/or structure that was lawfully established and maintained prior to the adoption of the ordinance codified in this development code, but which under the provisions of this development code does not conform with the regulations of the zoning district in which it is located with respect to use, design, and/or development standards, and which is continuously used and maintained for single-family residential purposes, shall be subject to the following:

a.

Alterations and expansions to single-family structures in nonresidential zones.

1.

Necessary repairs and desirable alterations, as deemed appropriate by the community development director, may be made to a legal nonconforming single-family residential structure that is nonconforming as to use.

2.

A single-family dwelling that is nonconforming as to use may be enlarged by an additional 25 percent of the original enclosed floor area, provided the addition meets all other provisions of this development code.

3.

A single-family dwelling that is nonconforming as to its location within a zoning district that does not permit single-family dwellings, and in which the residential use was lawfully established and continuously maintained, shall be subject to the development regulations of the R-1-10 zoning district.

4.

The addition or enlargement of a garage for the purpose of providing off-street parking facilities shall be permitted and shall not be counted toward the additional floor area permitted by subsection (8)a.2. above.

b.

Continuation of a nonconforming setback. A single-family dwelling having a nonconforming side yard setback, which is added to, extended or enlarged, may continue the nonconforming setback, provided the addition, extension or enlargement maintains a side yard setback equal to or greater than the existing side yard setback, and is no greater than 14 feet in height.

c.

On-site parking. A single-family residential dwelling that is nonconforming as to site development or design, which is expanded or enlarged to include more than three bedrooms, or wherein a second unit or guesthouse is constructed, unless otherwise exempted by state law, off-street parking shall be provided, unless physical constraints exist that would make it impractical to provide the required parking facility(ies), as determined by the community development director, given the existing site design and configuration. For the purpose of this provision, a bedroom shall be considered any room within the structure that is not a clearly established garage, kitchen, bathroom, hallway or open living area (e.g. dining, family, and living rooms).

d.

Fences and walls. A street side yard fence or wall that is nonconforming as to setback and was lawfully constructed prior to 1998, may be replaced with a block wall or other fence, keeping within the existing setback, provided visual evidence (such as a photograph) of the nonconforming setback is provide to the community development department prior to building permit issuance for the new fence or wall. If a fence or wall nonconforming as to setback is demolished or removed prior to obtaining a building permit for a new fence or wall, the new fence or wall must meet the setback requirements in effect at the time of building permit issuance.

e.

Revocable encroachment agreement. A front yard fence or wall that is located in the right-of-way shall be demolished prior to the issuance of any new construction permits on the property. An existing nonconforming fence or wall located in the right-of-way may be repaired or replaced in-kind only when visual evidence has been provided (such as a photograph) demonstrating a consistent and clear historical pattern of development within the neighborhood is provided to the community development department, subject to the following criteria.

1.

The existing fencing or wall should not be located in a manner that is hazardous for traveling public, including motorists, bicyclists and pedestrians.

2.

The fencing or wall shall not impede existing travel lanes.

3.

The fencing or wall shall not conflict with existing public utility structures, such as hydrants, vault and service meters, overhead power lines, pipelines, conduits or substructures of any public utility.

4.

Prior to building permit issuance, the property owner shall enter into a revocable encroachment agreement with the city. The revocable encroachment agreement shall be terminated when roadway expansion or other improvements are necessary as required by the city.

5.

In no case, shall existing chain link fences be replaced.

6.

The community development department shall report all revocable encroachment agreements to the city engineer.

(9)

Alteration and/or expansion of a nonconforming multiple-family residential development. In addition to the applicable requirements of subsections (1) through (7) of this section, a nonconforming multiple-family residential structure that was lawfully established and maintained prior to the adoption of the ordinance codified in this development code, but which under the provisions of this development code does not conform with the regulations of the zoning district in which it is located with respect to use, design, and/or development standards, and which is continuously used and maintained for multiple-family residential purposes, shall be subject to the following:

a.

An existing multiple-family residential development that is nonconforming as to base residential density, may be granted a one-time increase in residential density, not to exceed 25 percent of the residential density before the increase, subject to the granting of a conditional use permit.

b.

The increase in residential density shall be acted on based upon the information provided in the submitted application, evidence presented in the planning department's written report, and any comments and/or testimony provided by the public, only after considering and clearly establishing all of the below-listed findings, which shall be in addition to the findings for conditional use permit approval, and giving reasons in support of each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.

1.

The density increase will protect a valuable property investment;

2.

The density increase will not adversely affect or be materially detrimental to surrounding properties;

3.

The expansion is architecturally compatible with the existing building;

4.

The density increase and building expansion is compatible with the character of the surrounding area; and

5.

The density increase will provide adequate parking.

c.

Notwithstanding the density increase described in subsection a. above, the city shall not preclude an existing multiple-family residential development that is nonconforming as to base residential, the addition of at least one dwelling unit.

(10)

Alteration and/or expansion of a nonconforming nonresidential structure. In addition to the requirements of subsections (1) through (7) of this section, a nonconforming nonresidential lot and/or structure that was lawfully established and maintained prior to the adoption of the ordinance codified in this development code, but which under the provisions of this development code does not conform with the regulations of the zoning district in which it is located with respect to use, design, and/or development standards, and which is continuously used and maintained for nonresidential purposes (excepting nonconforming alcohol businesses, which shall comply with section 90-60 (abatement of nonconforming alcohol businesses) of this division), shall be subject to the following:

a.

A nonconforming nonresidential land use or structure may be granted a one-time, 25 percent expansion in area, subject to the granting of a conditional use permit.

b.

The alteration and/or expansion of a nonconforming nonresidential lot and/or structure shall be acted on based upon the information provided in the submitted application, evidence presented in the planning department's written report, and any comments and/or testimony provided by the public, only after considering and clearly establishing all of the below-listed findings, which shall be in addition to the general findings for conditional use permits under this Code, and giving reasons in support of each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.

1.

The alteration/expansion will protect a valuable property investment;

2.

The alteration/expansion and the proposed use will not adversely affect or be materially detrimental to surrounding properties;

3.

The alteration/expansion will allow for modernization in order to properly operate the use and protect valuable property rights;

4.

The alteration/expansion is architecturally compatible with the existing building;

5.

The alteration/expansion is compatible with the character of the surrounding area; and

6.

The alteration/expansion will provide adequate parking and will not displace existing parking facilities.

(11)

Nonconforming improvements. Nonconforming improvements such as landscaping, screen walls, security fences, and enclosures for trash receptacles, shall be altered to comply with the district regulations covering the following standards as a condition of any discretionary land use or development entitlement approval required by this development code:

a.

The landscaping of setback areas, insofar as a setback exists;

b.

The landscaping of parking areas, provided fulfilling the requirement does not reduce off-street parking or loading spaces to fewer than prescribed by division 6.03 (off-street parking and loading) of this development code;

c.

The screening of outdoor storage and loading areas;

d.

The design, height, and placement of security fences; and

e.

The enclosure of trash receptacles.

(Ord. No. 2009, § 2, 3-14-23)

(a)

Findings. The city council hereby finds and declares that:

(1)

Nuisance and criminal activities such as drug dealing, public drunkenness, loitering, and other behaviors that negatively impact neighborhoods occur with disproportionate frequency at and around the premises of on and off-sale alcohol uses.

(2)

Neighborhood character can change over time and the careful regulation of nuisance activity by alcohol uses will help to ensure that such uses do not contribute to the deterioration of neighborhoods.

(3)

Poorly regulated off-sale alcohol uses increase the availability of alcohol in the communities in which they are located, and studies have demonstrated a link between the availability of alcohol and numerous negative consequences, including violence, fatal traffic crashes, and nuisance law violations.

(4)

The city currently lacks a targeted administrative mechanism to its existing nuisance laws based on the alcohol uses on a store-by-store basis through the attachment of conditions, the imposition of administrative penalties, or the revocation of use permits.

(5)

Alcohol uses operating outside of the law negatively impact those uses operating within the law and as good neighbors.

(6)

The city recognizes its responsibility to enforce the law and the need for a partnership with alcohol uses and the city, including the police department and the city attorney, to address illegal activities in proximity to an alcohol use. The city also recognizes that there are occasions when owners and employees of alcohol uses would fear for their personal safety in requesting that persons engaging in illegal activities cease those activities.

(7)

Good faith efforts on the part of the owners and employees of alcohol uses to address illegal activities in proximity to their stores, including meeting the performance standards in subsection 90-90(g), can reduce the nuisance impacts of such alcohol uses.

(b)

Title; reference. The provisions of this section 90-60 shall be known as the "deemed approved alcohol use nuisance regulations." The purpose of these regulations is to promote the public health, safety and general welfare by requiring that businesses that sell alcoholic beverages and that were permitted, conditionally permitted, or nonconforming uses before the adoption of these regulations, or that are permitted or conditionally permitted by the city after the adoption of these regulations, comply with the performance standards as specified in subsection 90-90(g) in order to achieve the following objectives:

(1)

To protect adjacent neighborhoods from the harmful effects of nuisance activities often attendant to the sale of alcoholic beverages.

(2)

To provide opportunities for businesses that sell alcoholic beverages to operate in a mutually beneficial relationship to each other and to other commercial and civic services.

(3)

To provide mechanisms to address nuisance problems often associated with the sale of alcoholic beverages, such as litter, graffiti, unruly behavior, and escalated noise levels.

(4)

To ensure that businesses that sell alcoholic beverages are not the source of undue public nuisances in the community.

(5)

To ensure that sites where alcoholic beverages are sold are properly maintained so that negative impacts generated by these activities are not harmful to the surrounding environment.

(6)

To monitor alcohol uses to ensure that they do not substantially change their mode or character of operation.

(c)

Automatic deemed approved status. All businesses or entities engaged in the sale of alcoholic beverages that are operating as permitted, conditionally permitted, or nonconforming uses prior to the effective date of this ordinance are now automatically deemed approved alcohol uses. Each such deemed approved alcohol use shall retain this status as long as it continues to comply with the performance standards as specified in subsection 90-90(g).

(d)

Status of new alcohol uses. After the effective date of the ordinance codified in this section all new permitted alcohol uses shall also be subject to the performance standards as specified in subsection 90-90(g) and shall receive the same notices and be subject to the same administrative procedures, penalties and fees as those deemed approved alcohol uses that were operating as permitted, conditionally permitted, or nonconforming uses prior to the effective date of the ordinance codified in this section.

(e)

Previously non-conforming alcohol uses. Any deemed approved alcohol use that was previously considered to be a non-conforming use shall continue to be subject to those provisions of this Code that govern non-conforming uses to the extent those provisions do not conflict with the provisions of this section.

(f)

Abandonment. Whenever a deemed approved alcohol use ceases to be operated continuously, or undergoes a substantial change in mode or character of operation, such deemed approved alcohol use shall not be resumed. A substantial change in the mode of character of operation shall not include:

(1)

Changes in ownership or an owner-to-owner transfer of an alcohol beverage control license.

(2)

Re-establishment, restoration, or repair of an existing alcohol use on the same lot after total or partial destruction or damage due to fire, riot, insurrection, toxic accident or act of God.

(3)

Temporary closure for not more than 90 days for repair, renovation or remodeling, or in cases of vacation or illness.

(g)

Notification to owners of deemed approved alcohol uses. Within six months of the enactment of the ordinance codified in this section, and every year thereafter, the community development department, in coordination with the police department, shall notify the owner of each deemed approved alcohol use of the use's deemed approved status. Such notice shall be sent via U.S. mail and shall include a copy of the performance standards as specified in subsection 90-90(g), notification that the deemed approved alcohol use is required to comply with the performance standards, and notification that the deemed approved alcohol use is required to comply with all other provisions of the deemed approved alcohol use regulations. As long as service is made following these procedures failure of any person to receive notice given pursuant to this section shall not affect the deemed approved status of the use.

The community development department shall refer to the state alcoholic beverage control department's database of all active licenses in the city to determine the names and addresses of the operators of deemed approved alcohol uses.

(h)

Education and outreach to deemed approved alcohol uses.

(1)

Within six months of the enactment of this legislation, the community development director, or his or her designee, in cooperation with the chief of the police department or his or her designee, shall develop and implement an education and outreach program to educate deemed approved alcohol uses about the steps each use may take to operate as a good neighbor in their communities, to avoid nuisance behaviors, and to abide by requirements of this Code. This education and outreach program shall be aimed towards the prevention of alcohol-related nuisances. The education and outreach program shall be directed to all deemed approved alcohol uses.

(2)

The education and outreach program shall include:

a.

The development and distribution of informational packets on the requirements and benefits of this Code and of other educational materials, including, but not limited to, culturally and linguistically appropriate informational posters, brochures, and other materials for display at deemed approved alcohol uses.

b.

Commencing within six months of the enactment of this legislation, biennially the community development department shall provide educational sessions for operators of deemed approved alcohol uses. Operators of deemed approved alcohol uses who do not attend the educational session every two years shall receive an educational site visit from the community development department. This visit should be coordinated with and, when possible, conducted with police department personnel.

(i)

Violations of performance standards. If the city attorney receives from any city official authorized to enforce the provisions of this Code, including but not limited to the community development director, the chief of police, or the designee of any of these officials, a request to consider bringing an administrative hearing or prosecuting a deemed approved alcohol use for violations of city, state and/or federal laws for violations of the performance standards, or for violations of any condition that has been placed on a deemed approved alcohol use, the city attorney may determine that it is appropriate to file a civil action against the deemed approved alcohol use and/or may determine that it is appropriate to bring the deemed approved alcohol use to an administrative hearing. At the administrative hearing, the city attorney may request that a decision be issued ordering that the violations of the performance standards be corrected, that a decision be issued imposing administrative penalties against the deemed approved alcohol use, and/or that a decision be issued imposing conditions on the continued operation of the deemed approved alcohol use.

In the event that the deemed approved alcohol use has, within the past three years, been the subject of an administrative hearing at which a finding of violation of the performance standards was made, at which conditions were imposed on the deemed approved alcohol uses' continued operations, and/or at which administrative penalties were imposed on the deemed approved alcohol use for violation of the performance standards, the city attorney may request that an administrative hearing be held to consider the revocation of the deemed approved alcohol use's deemed approved status and/or request additional penalties or conditions.

(j)

Conditional use permits. In the event that the city attorney receives a request to consider bringing an administrative hearing pursuant to this section, and determines that the alleged violations are violations of conditions imposed by the planning commission or city council through the conditional use permitting process, the city attorney shall refer its findings to the planning department for actions consistent with section 90-42.11. Notwithstanding the foregoing, any alleged violations that are not violations of conditions imposed by the planning commission or city council through the conditional use permitting process shall be subject to the administrative hearing process in this section.

(k)

Administrative hearings.

(1)

Hearings under this section shall be conducted in conformity with division 12 of article II of chapter 1 of this Code.

(2)

Notice. The notice to the owner of the deemed approved alcohol use of the administrative hearing shall be substantially in the following form, but may include additional information:

"You are hereby notified that an administrative hearing will be held before the City of Hemet Hearing Officer at the date and time contained within this Notice to determine whether, due to violations of the Performance Standards found at Hemet Municipal Code Section 90-90(g), conditions should be imposed on the Deemed Approved Alcohol Use status of the business operated at pursuant to the Deemed Approved Alcohol Use Regulations contained in the Hemet Municipal Code, whether administrative penalties should be imposed, and/or whether the Deemed Approved Status of the Alcohol Use should be revoked. You may be present and give testimony at the hearing. You may be, but need not be, represented by counsel. In the event that you or the City Attorney requests to submit briefing prior to the administrative hearing, all parties will be notified of the briefing schedule set by, the Hearing Officer appointed in this matter."

A brief statement of the reason(s) for the hearing shall also be included with the notice, including a list of which performance standards the deemed approved alcohol use is considered to be violating.

(3)

Purpose of the hearing. The purpose of the administrative hearing is to receive information as to whether the deemed approved alcohol use is in compliance with the performance standards found at subsection 90-90(g). The hearing officer shall determine whether the deemed approved alcohol use is in compliance with the performance standards. Based on this determination, the hearing officer may continue the deemed approved status for the use in question, may impose administrative penalties for violations of the performance standards, may impose such reasonable conditions as are in the judgment of the hearing officer necessary to ensure compliance with the performance standards, and may revoke the deemed approved alcohol use's deemed approved status. If the hearing officer determines instead to impose further, new conditions on the deemed approved alcohol use, such conditions shall be based upon the information then before the hearing officer.

(4)

In reaching a determination as to whether a use has violated the performance standards, or as to the appropriateness of imposing conditions on a use, revoking a use, assessing administrative penalties, or the amount of administrative penalties to assess, the hearing officer may consider:

a.

The length of time the deemed approved alcohol use has been out of compliance with the performance standard(s); and

b.

The impact of the violation of the performance standard(s) on the community; and

c.

Any information regarding the owner of the deemed approved alcohol use's efforts to remedy the violation of the performance standard.

d.

"Efforts to remedy" shall include, but are not limited to:

1.

Timely calls to the police department that are placed by the owner of the deemed approved alcohol use, his employees, or agents.

2.

Requesting that those persons engaging in activities causing violations of the performance standards cease those activities, unless the owner of the deemed approved alcohol use, or his employees or agents feels that their personal safety would be threatened in making that request.

3.

Making improvements to the use's property or operations, including but not limited to the installation of lighting sufficient to illuminate the area within the use's property line, the installation of security cameras, clear unobstructed windows, clean sidewalks, and graffiti abated within a reasonable time.

(5)

The decision of the hearing officer shall be based upon all information received at the administrative hearing, including, but not limited to, information compiled by city staff, testimony from the owner of the deemed approved alcohol use, and the testimony of all other interested persons. Any conditions imposed by the hearing officer shall be a condition of the deemed approved alcohol use's continued operation. Any condition imposed by the hearing officer shall not be considered a suspension, revocation, or withdrawal of a deemed approved alcohol use's use permit.

(6)

All determinations, decisions, and conditions made or imposed under this section regarding the use of a deemed approved alcohol use shall run with the land.

(l)

Illegal use. A deemed approved alcohol use, that has been finally revoked shall lose its deemed approved alcohol use status and shall no longer be considered a legal use of the building, structure, site, or portion thereof, and shall cease operation immediately.

(Ord. No. 2009, § 2, 3-14-23)

(a)

Findings. The city council hereby finds and declares that:

(1)

Nuisance and criminal activities such as drug dealing, loitering, and other behaviors that negatively impact neighborhoods occur with disproportionate frequency at and around the premises engaged in the sale of tobacco products.

(2)

Neighborhood character can change over time and the careful regulation of nuisance activity by tobacco uses will help to ensure that such uses do not contribute to the deterioration of neighborhoods.

(3)

Poorly regulated tobacco uses increase the availability of tobacco in the communities in which they are located, and studies have demonstrated a link between the availability of tobacco and numerous negative consequences.

(4)

The city currently lacks a targeted administrative mechanism to its existing nuisance laws based on the tobacco uses on a store-by-store basis through the attachment of conditions, the imposition of administrative penalties, or the revocation of use permits.

(5)

Tobacco uses operating outside of the law negatively impact those uses operating within the law and as good neighbors.

(6)

The city recognizes its responsibility to enforce the law and the need for a partnership with tobacco uses and the city, including the police department and the city attorney, to address illegal activities in proximity to an tobacco use. The city also recognizes that there are occasions when owners and employees of tobacco uses would fear for their personal safety in requesting that persons engaging in illegal activities cease those activities.

(7)

Good faith efforts on the part of the owners and employees of tobacco uses to address illegal activities in proximity to their stores, including meeting the performance standards subsection 90-91(f) can reduce the nuisance impacts of such tobacco uses; and

(b)

Title; reference. The provisions of this section 90-61 shall be known as the "deemed approved tobacco use nuisance regulations." The purpose of these regulations is to promote the public health, safety and general welfare by requiring that businesses that sell tobacco products and that were permitted, conditionally permitted, or nonconforming uses before the adoption of these regulations, or that are permitted or conditionally permitted by the city after the adoption of these regulations, comply with the performance standards as specified in subsection 90-91(f) in order to achieve the following objectives:

(1)

To protect adjacent neighborhoods from the harmful effects of nuisance activities often attendant to the sale of tobacco products.

(2)

To provide opportunities for businesses that sell tobacco products to operate in a mutually beneficial relationship to each other and to other commercial and civic services.

(3)

To provide mechanisms to address nuisance problems often associated with the sale of tobacco products, such as litter, graffiti, unruly behavior, and escalated noise levels.

(4)

To ensure that businesses that sell tobacco products are not the source of undue public nuisances in the community.

(5)

To ensure that sites where tobacco products are sold are properly maintained so that negative impacts generated by these activities are not harmful to the surrounding environment.

(6)

To monitor tobacco uses to ensure that they do not substantially change their mode or character of operation.

(c)

Automatic deemed approved status. All businesses or entities engaged in the sale of tobacco products that are operating as permitted, conditionally permitted, or nonconforming uses prior to the effective date of this ordinance are now automatically deemed approved tobacco uses. Each such deemed approved tobacco use shall retain this status as long as it continues to comply with the performance standards as specified in subsection 90-91(f).

(d)

Status of new tobacco uses. After the effective date of the ordinance codified in this section all new permitted tobacco uses shall also be subject to the performance standards as specified in subsection 90-91(f) and shall receive the same notices and be subject to the same administrative procedures, penalties and fees as those deemed approved tobacco uses that were operating as permitted, conditionally permitted, or nonconforming uses prior to the effective date of the ordinance codified in this section.

(e)

Previously non-conforming tobacco uses. Any deemed approved tobacco use that was previously considered to be a non-conforming use shall continue to be subject to those provisions of this Code that govern non-conforming uses to the extent those provisions do not conflict with the provisions of this section.

(f)

Abandonment. Whenever a deemed approved tobacco use ceases to be operated continuously, or undergoes a substantial change in mode or character of operation, such deemed approved tobacco use shall not be resumed. A substantial change in the mode of character of operation shall not include:

(1)

Changes in ownership.

(2)

Re-establishment, restoration, or repair of an existing deemed approved tobacco use on the same lot after total or partial destruction or damage due to fire, riot, insurrection, toxic accident or act of God.

(3)

Temporary closure for not more than 90 days for repair, renovation or remodeling, or in cases of vacation or illness.

(g)

Notification to owners of deemed approved tobacco uses. Within six months of the enactment of the ordinance codified in this section, and every year thereafter, the community development department, in coordination with the police department, shall notify the owner of each deemed approved tobacco use of the use's deemed approved status. Such notice shall be sent via U.S. mail and shall include a copy of the performance standards as specified in subsection 90-91(f), notification that the deemed approved tobacco use is required to comply with the performance standards, and notification that the deemed approved tobacco use is required to comply with all other provisions of the deemed approved tobacco use regulations. As long as service is made following these procedures failure of any person to receive notice given pursuant to this section shall not affect the deemed approved status of the use.

(h)

Education and outreach to deemed approved tobacco uses.

(1)

Within six months of the enactment of this legislation, the community development director, or his or her designee, in cooperation with the chief of the police department or his or her designee, shall develop and implement an education and outreach program to educate deemed approved tobacco uses about the steps each use may take to operate as a good neighbor in their communities, to avoid nuisance behaviors, and to abide by requirements of this Code. This education and outreach program shall be aimed towards the prevention of tobacco-related nuisances. The education and outreach program shall be directed to all deemed approved tobacco uses.

(2)

The education and outreach program shall include:

a.

The development and distribution of informational packets on the requirements and benefits of this Code and of other educational materials, including, but not limited to, culturally and linguistically appropriate informational posters, brochures, and other materials for display at deemed approved tobacco uses.

b.

Commencing within six months of the enactment of the ordinance codified in this section, biennially the community development department shall provide educational sessions for operators of deemed approved tobacco uses. Operators of deemed approved tobacco uses who do not attend the educational session every two years shall receive an educational site visit from the community development department. This visit should be coordinated with and, when possible, conducted with police department personnel.

(i)

Violations of performance standards. If the city attorney receives from any city official authorized to enforce the provisions of this Code, including but not limited to the community development director, the chief of police, or the designee of any of these officials, a request to consider bringing an administrative hearing or prosecuting a deemed approved tobacco use for violations of city, state and/or federal laws for violations of the performance standards, or for violations of any condition that has been placed on a deemed approved tobacco use, the city attorney may determine that it is appropriate to file a civil action against the deemed approved tobacco use and/or may determine that it is appropriate to bring the deemed approved tobacco use to an administrative hearing. At the administrative hearing, the city attorney may request that a decision be issued ordering that the violations of the performance standards be corrected, that a decision be issued imposing administrative penalties against the deemed approved tobacco use, and/or that a decision be issued imposing conditions on the continued operation of the deemed approved tobacco use.

In the event that the deemed approved tobacco use has, within the past three years, been the subject of an administrative hearing at which a finding of violation of the performance standards was made, at which conditions were imposed on the deemed approved tobacco uses' continued operations, and/or at which administrative penalties were imposed on the deemed approved tobacco use for violation of the performance standards, the city attorney may request that an administrative hearing be held to consider the revocation of the deemed approved tobacco use's deemed approved status and/or request additional penalties or conditions.

(j)

Conditional use permits. In the event that the city attorney receives a request to consider bringing an administrative hearing pursuant to this section, and determines that the alleged violations are violations of conditions imposed by the planning commission or city council through the conditional use permitting process, the city attorney shall refer its findings to the planning department for actions consistent with section 90-42.11. Notwithstanding the foregoing, any alleged violations that are not violations of conditions imposed by the planning commission or city council through the conditional use permitting process shall be subject to the administrative hearing process in this section.

(k)

Administrative hearings.

(1)

Hearings under this section shall be conducted in conformity with division 12 of article II of chapter 1 of this Code.

(2)

Notice. The notice to the owner of the deemed approved tobacco use of the administrative hearing shall be substantially in the following form, but may include additional information:

"You are hereby notified that an administrative hearing will be held before the City of Hemet Hearing Officer at the date and time contained within this Notice to determine whether, due to violations of the Performance Standards found at Hemet Municipal Code Section 90-91(F), conditions should be imposed on the Deemed Approved Tobacco Use status of the business operated at pursuant to the Deemed Approved Tobacco Use Regulations contained in the Hemet Municipal Code, whether administrative penalties should be imposed, and/or whether the Deemed Approved Status of the Tobacco Use should be revoked. You may be present and give testimony at the hearing. You may be, but need not be, represented by counsel. In the event that you or the City Attorney requests to submit briefing prior to the administrative hearing, all parties will be notified of the briefing schedule set by, the Hearing Officer appointed in this matter."

A brief statement of the reason(s) for the hearing shall also be included with the notice, including a list of which performance standards the deemed approved tobacco use is considered to be violating.

(3)

Purpose of the hearing. The purpose of the administrative hearing is to receive information as to whether the deemed approved tobacco use is in compliance with the performance standards found at subsection 90-91(f). The hearing officer shall determine whether the deemed approved tobacco use is in compliance with the performance standards. Based on this determination, the hearing officer may continue the deemed approved status for the use in question, may impose administrative penalties for violations of the performance standards, may impose such reasonable conditions as are in the judgment of the hearing officer necessary to ensure compliance with the performance standards, and may revoke the deemed approved tobacco use's deemed approved status. If the hearing officer determines instead to impose further, new conditions on the deemed approved tobacco use, such conditions shall be based upon the information then before the hearing officer.

(4)

In reaching a determination as to whether a use has violated the performance standards, or as to the appropriateness of imposing conditions on a use, revoking a use, assessing administrative penalties, or the amount of administrative penalties to assess, the hearing officer may consider:

a.

The length of time the deemed approved tobacco use has been out of compliance with the performance standard(s).

b.

The impact of the violation of the performance standard(s) on the community.

c.

Any information regarding the owner of the deemed approved tobacco use's efforts to remedy the violation of the performance standard.

d.

"Efforts to remedy" shall include, but are not limited to:

1.

Timely calls to the police department that are placed by the owner of the deemed approved tobacco use, his employees, or agents.

2.

Requesting that those persons engaging in activities causing violations of the performance standards cease those activities, unless the owner of the deemed approved tobacco use, or his employees or agents feels that their personal safety would be threatened in making that request.

3.

Making improvements to the use's property or operations, including but not limited to the installation of lighting sufficient to illuminate the area within the use's property line, the installation of security cameras, clear unobstructed windows, clean sidewalks, and graffiti abated within a reasonable time.

(5)

The decision of the hearing officer shall be based upon all information received at the administrative hearing, including, but not limited to, information compiled by city staff, testimony from the owner of the deemed approved tobacco use, and the testimony of all other interested persons. Any conditions imposed by the hearing officer shall be a condition of the deemed approved tobacco use's continued operation. Any condition imposed by the hearing officer shall not be considered a suspension, revocation, or withdrawal of a deemed approved tobacco use's use permit.

(6)

All determinations, decisions, and conditions made or imposed under this section regarding the use of a deemed approved tobacco use shall run with the land.

(l)

Illegal use. A deemed approved tobacco use, that has been finally revoked shall lose its deemed approved tobacco use status and shall no longer be considered a legal use of the building, structure, site, or portion thereof, and shall cease operation immediately.

(Ord. No. 2009, § 2, 3-14-23)