This chapter shall be known as, and may be cited as, the city of Jurupa Valley Land Use Ordinance.

Pursuant to Government Code Title 7, Division 1, Chapter 3, Article 1 (Gov. Code Section 65100 et seq.), the planning agency for the city shall consist of the City Council, the city Planning Commission, and the Planning Department. The planning agency shall perform all functions required by state law and this chapter.

The City Council shall consist of five (5) members elected in the manner provided by law. The City Council shall perform the duties and functions specified by state law and this chapter including, but not limited to, the duties related to legislative matters and the duties related to the appeal of quasi-judicial matters. The City Council shall also perform those planning and zoning duties and functions which are not expressly delegated or reserved to another body or officer.

A.

When a provision of this chapter requires notice of a public hearing to be given pursuant to this section, notice shall be published once in at least one (1) newspaper of general circulation within the city at least ten (10) days prior to the hearing.

B.

The notice shall include the information specified in Section 9.05.080.

C.

In addition to the notice required by this section, the Community Development Director may direct that notice of the hearing be given in any other manner deemed necessary or desirable. The failure of any person or entity to be given such optional additional notice pursuant to this subsection, or to receive any such notice, shall not constitute grounds for the invalidation of any action of the city.

D.

Whenever the city considers the adoption or amendment of policies or ordinances affecting drive-through facilities, the city shall incorporate, where necessary, notice procedures to the blind, aged, and disabled communities in order to facilitate their participation. Such notice shall be satisfied by providing mailed notice of hearing to at least one (1) organization which works with the blind community, at least one (1) organization which works with the aged community, and at least one (1) organization which works with the disabled community.

(Ord. No. 2021-09, § 4, 4-15-2021)

A.

When a provision of this chapter requires notice of a public hearing to be given pursuant to this section, notice shall be given in all of the following ways:

(1)

Notice of the hearing shall be mailed or delivered at least ten (10) days prior to the hearing to the owner of the subject real property as shown on the latest equalized assessment roll. Instead of using the assessment roll, the city may use records of the County Assessor or Tax Collector if those records contain more recent information than the information contained on the assessment roll. Notice shall also be mailed to the owner's duly authorized agent, if any, and to the project applicant.

(2)

Notice of the hearing shall be mailed or delivered at least ten (10) days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

(3)

Notice of the hearing shall be mailed or delivered at least ten (10) days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within three hundred (300) feet of the real property that is the subject of the hearing. In lieu of using the assessment roll, the city may use records of the County Assessor or Tax Collector which contain more recent information than the assessment roll. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection or subsection A.(1) of this section is greater than one thousand (1,000), the city, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth (⅛) page in at least one (1) newspaper of general circulation within the city at least ten (10) days prior to the hearing.

(4)

If the notice is mailed or delivered pursuant to subsection A.(3) of this section, the notice shall also be published once in at least one (1) newspaper of general circulation within the city at least ten (10) days prior to the hearing. Alternatively the notice shall be posted at least ten (10) days prior to the hearing in at least three (3) public places within the city, including one (1) public place in the area directly affected by the proceeding.

B.

The notice shall include the information specified in Section 9.05.080.

C.

In addition to the notice required by this section, the Community Development Director may direct that notice of the hearing be given in any other manner deemed necessary or desirable. The failure of any person or entity to be given such optional additional notice pursuant to this subsection, or to receive any such notice, shall not constitute grounds for the invalidation of any action of the city.

D.

Whenever a hearing is held regarding a permit for a drive-through facility, or modification of an existing drive-through facility permit, the city shall incorporate, where necessary, notice procedures to the blind, aged, and disabled communities in order to facilitate their participation in any hearing on, or appeal of the denial of, a drive-through facility permit. Such notice shall be satisfied by providing mailed notice of hearing to at least one (1) organization which works with the blind community, at least one (1) organization which works with the aged community, and at least one (1) organization which works with the disabled communities.

(Ord. No. 2021-09, § 4, 4-15-2021)

State Law reference— Similar provisions, Government Code §§ 65090, 65091.

When a provision of this chapter requires notice of a public hearing to be given pursuant to Section 9.05.040 or 9.05.050, the notice shall also be mailed or delivered at least ten (10) days prior to the hearing to any person who has filed a written request for notice with the Community Development Director accompanied by the fees set forth in County Ordinance No. 671. Any such request for notice shall expire after one (1) year unless renewed by the filing of a new request accompanied by the fees set forth in County Ordinance No. 671.

(Ord. No. 2021-09, § 4, 4-15-2021)

The failure of any person or entity to receive notice required to be given pursuant to this chapter shall not constitute grounds for any court to invalidate the actions of the city for which the notice was given. The failure of any person or entity to be given optional additional notice pursuant to either Section 9.05.040C. or 9.05.050C., or to receive any such notice, shall not constitute grounds for the invalidation of any action of the city.

As used in this chapter, "notice of a public hearing" means a notice that includes the date, time, and place of a public hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered, and a general description, in text or by diagram, of the location of the real property, if any, that is the subject of the hearing.

Any public hearing conducted under this chapter may be continued from time to time.

A.

Appeal of quasi-judicial Planning Commission decisions; time for appeal. For any quasi-judicial decision of the Planning Commission in which it has rendered a final decision, rather than a recommendation to the City Council, that decision shall be considered final unless a written appeal, with the required appeal fee, is filed with the city Clerk within ten (10) calendar days after the date of the decision and the appeal shall be processed and resolved in accordance with the provisions of this section. In the event the tenth day falls on a Saturday, Sunday or city holiday, the appeal and the applicable appeal fee shall be filed with the city Clerk on or before the close of business on the next city business day thereafter. The written appeal and appeal fee shall be filed on or before the close of business on the last day of the appeal period.

(1)

"Quasi-judicial decisions" include, without limitation, tentative subdivision maps, tentative parcel maps, conditional use permits, site development permits, variances, or public use permits.

(2)

"Legislative decisions" include, without limitation, a General Plan Amendment, zone change, specific plan specific plan amendment, development agreement. Legislative decisions are made by the City Council following a recommendation of the Planning Commission under procedures established by law and this Code, therefore there is no appeal of a Planning Commission recommendation on a legislative decision.

B.

Persons who may file an appeal; appeal fee. An appeal may be filed by the applicant for a land use entitlement, the owner of the property subject to the application, a person who presented oral or written comments to the Planning Commission, or any other interested person. An appeal may be filed by an individual Council Member or by the City Council, provided, however, that any such appeal shall be solely on the basis that the issues related to the application are important to the city and should be decided by the entire City Council, and, provided further, that an appeal by an individual Council Member or the Council shall not mean, nor shall it be construed to mean, that the individual Council Member or the City Council is expressing a view in favor of or in opposition to the application. Except for appeals by an individual Council Member or the City Council, the appeal shall be accompanied by the appeal fee set forth in Chapter 3.65 or resolution of the City Council. Any appeal filed by an individual Council Member or by a majority vote of the Council does not require the payment of a fee. The Community Development Director shall prepare appeal forms for these appeals.

C.

Suspension of Planning Commission decision upon appeal. Upon the filing of an appeal, the decision of the Planning Commission appealed from shall be suspended until such time as the appeal is decided by the City Council or is otherwise resolved as provided in this section.

D.

Multiple Planning Commission decisions deemed appealed. In the event there are two (2) or more quasi-judicial land use applications for a project decided by the Planning Commission, an appeal of one (1) or more of those applications shall be deemed to be an appeal of all of the quasi-judicial land use applications for the project. The purpose of this section is to enable the City Council to hear and decide all of the land use entitlements for a project in a comprehensive and coordinated manner.

E.

City Clerk sets date for City Council appeal hearing. After an appeal with the required appeal fee is filed with the city Clerk as provided in this section, the city Clerk shall set the matter for public hearing before the City Council not less than thirteen (13) nor more than sixty (60) days after the date the appeal is filed. Unless otherwise provided in this Code, public hearings for appeals shall be noticed using the same procedures applicable to the Planning Commission's hearing on the application.

F.

De novo hearing. The City Council shall hear the appeal de novo; however, the documents and the minutes of the hearing before the Planning Commission shall be a part of the City Council's record at its hearing on the matter.

G.

City Council to sustain, reverse or modify the decision of Planning Commission. The City Council shall hear relevant testimony and receive written comments from interested persons prior to or at the hearing. Within a reasonable time after the close of the hearing, the City Council shall make its decision sustaining, reversing or modifying the decision of the Planning Commission. The decision of the City Council shall be made by resolution and shall require three (3) affirmative votes of the City Council. In making its decision sustaining the decision of the Planning Commission or sustaining the decision of the Planning Commission with modifications, the City Council may adopt by reference the findings of the Planning Commission. In making its decision reversing a decision of the Planning Commission, the City Council shall make the findings required by law and this Code and shall approve, conditionally approve or disapprove the applications appealed. The decision of the City Council shall be final.

H.

Effect of tie vote or less than three (3) affirmative votes. In the event of a tie vote on an appeal or an affirmative vote of less than three (3) Members of the City Council on an appeal, the decision of the Planning Commission being appealed shall be deemed sustained and the Planning Commission decision reinstated and final as to the applications. In the event of a tie vote on an appeal or an affirmative vote of less than three (3) Members of the City Council on a General Plan Amendment, zone change, specific plan specific plan amendment, development agreement or other legislative action, there is no action on the a General Plan Amendment, zone change, specific plan specific plan amendment, development agreement or other legislative action and such actions shall not be effective until such time as there are three (3) affirmative votes of the City Council.

I.

Transcript of oral proceedings before Planning Commission or City Council. Whenever any person desires to obtain a transcript of the oral proceedings of a public hearing before the City Council or Planning Commission, or desires to have a record made of such proceedings, he or she shall, not less than seven (7) days before the hearing, notify in writing the city Clerk, if the hearing is before the City Council, or the Secretary of the Planning Commission if the hearing is before the Planning Commission. The written request shall be accompanied by a deposit of a sum equal to one (1) day's fee for a court reporter as determined by the city Clerk. The Clerk or Secretary shall thereupon arrange to have a court reporter present at the hearing. If the hearing is thereafter continued to another day, a like request, deposit an arrangement for a Court Report shall be made, if the record is desired. Such a person may directly arrange for attendance and payment of a court reporter instead of making such arrangements through the city Clerk of Secretary by the person desiring the same.

J.

Clerk's transcript of documents before Planning Commission and City Council. Whenever any person desires to obtain a Clerk's transcript of the documents involved in a proceeding before the City Council, or the Planning Commission, he shall make a written request to the city Clerk, if the matter is before the City Council or to the Secretary of the Planning Commission, if the matter is before the Planning Commission. The Clerk or Secretary shall determine the number of pages involved and require payment in advance for the transcript at the rate set by resolution of the City Council.

K.

Uniform appeal procedures; supersedes conflicting appeal procedures. The provisions of this section are intended to establish a uniform appeal procedure for quasi-judicial Planning Commission decisions made pursuant to Title 7, Subdivisions, and Title 9, Planning and Zoning of this Code and shall supersede any conflicting appeal provisions of Title 7, Subdivisions, and Title 9, Planning and Zoning.

(Ord. No. 2019-05, § 1, 2-21-2019; Ord. No. 2021-09, § 4, 4-15-2021)

A.

Applicability. This section shall apply to any housing development project that must be approved ministerially pursuant to state law. For purposes of this section, ministerial approval means a project that is approved by staff on the basis of objective standards and is not subject to a public hearing before the Planning Commission or City Council.

B.

Applications. Any housing development project that must be approved ministerially pursuant to state law shall apply for an administrative use permit.

1.

Applications for consideration of an administrative use permit shall be made to the Community Development Director on the forms provided by the Planning Division, shall be accompanied by a filing fee as established by fee resolution of the City Council and shall include such information and documents as may be required by the Planning Division checklist for the particular application, in addition to the following:

(a)

Name and address of the applicant and all persons that own any part of the property, including evidence that all owners agree to the application.

(b)

Location or address, and legal description of property.

(c)

A site plan, drawn to scale, that shows the following:

i.

Boundary and dimensions of property.

ii.

Topography of the property.

iii.

Location of adjacent streets, drainage structures, utilities, buildings, signs, and other features that may affect the use of the property.

iv.

Proposed development, including planned buildings and structures, access, drainage, yards, drives, parking areas, landscaping, signs and walls or fences.

v.

Dimensioned elevations, including details of proposed materials for elevations.

2.

Action on administrative use permits.

(a)

The Community Development Director shall approve, conditionally approve or disapprove an administrative use permit based upon the standards set forth in state law for approval or disapproval of the project and within the time period specified by state law and shall give notice of the decision, including any required conditions of approval, by mail, to the applicant and any other persons requesting notice.

3.

Approval period.

(a)

Unless otherwise specified by state law, any administrative use permit that is approved shall remain valid and be used within two (2) years from the effective date thereof, or within such additional time as may be specified in the conditions of approval, which shall not exceed a total of five (5) years for the entitlement; otherwise, the administrative use permit shall be null and void. Notwithstanding the foregoing, if an administrative use permit is required to be used within less than five (5) years, the applicant or his/her successor-in-interest may, prior to its expiration, request up to three (3), one-year extensions of time in which to use the administrative use permit. A request for extension of time shall be made on forms provided by the Planning Division and shall be filed with the Community Development Director, accompanied by the fee established by resolution of the City Council. Within thirty (30) days following the filing of a request for an extension, it shall be considered by the Community Development Director. An extension of time may be granted upon a determination that valid reason exists for the applicant or his/her successor-in-interest not using the administrative use permit within the required period of time. If an extension is granted, the total time allowed for use of the administrative use permit shall not exceed a period of five (5) years, calculated from the effective date of the issuance of the administrative use permit. The term "use" shall mean the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion, or the actual occupancy of existing buildings or land under the terms of the authorized use.

(Ord. No. 2025-07, § 2, 3-20-2025)

A.

Applicability. This section shall apply to any housing development project that must be approved ministerially pursuant to state law. For purposes of this section, ministerial approval means a project that is approved by staff on the basis of objective standards and is not subject to a public hearing before the Planning Commission or City Council.

B.

Appeals to Planning Commission. Any person seeking to appeal the decision of the Community Development Director to either approve or deny a housing development project that is subject to ministerial review, may appeal such decision by filing an appeal with the City Clerk within fifteen (15) calendar days of the date of the written notice of the decision. The appeal shall be made on the forms provided by the Planning Division and shall be accompanied by the applicable filing fee as set forth by resolution. Upon receipt of a completed appeal form, the City Clerk shall set the matter of the appeal for hearing before the Planning Commission not less than fifteen (15) nor more than sixty (60) days thereafter and shall give written notice of the hearing to the applicant, appellant, and the Community Development Director. The Planning Commission shall hear the appeal de novo. The Planning Commission shall render its decision within thirty (30) days following the close of the appeal hearing.

C.

Appeals to City Council. An appeal of the Planning Commission decision to the City Council shall be filed and processed pursuant to the procedures set forth in Section 9.05.100. An appeal may be filed by the applicant, owner of the property subject to the application, a person who presented oral or written comments to the Planning Commission, or any other interested person. An appeal may also be filed by an individual Council Member or by the City Council, provided, however, that any such appeal shall be solely on the basis that the issues related to the application are important to the city and should be decided by the entire City Council, and, provided further, that an appeal by an individual Council Member or the Council shall not mean, nor shall it be construed to mean, that the individual Council Member or the City Council is expressing a view in favor of or in opposition to the application.

(Ord. No. 2025-03, § 2, 1-16-2025; Ord. No. 2025-07, § 3, 3-20-2025)

A.

Applicability. This section shall apply to any development project that is subject to California Government Code Section 65920 (the Permit Streamlining Act).

B.

An applicant for a development project that is subject to the Permit Streamlining Act may appeal staff's determination that the zoning application is incomplete.

C.

The appeal shall be in writing and shall state the facts and basis for the appeal, and the relief or action sought, and shall be accompanied by the required fee.

D.

The appeal shall be filed with the City Clerk within fifteen (15) calendar days of the date of the written determination that the application is incomplete.

E.

The appeal shall be heard by the City Council no later than sixty (60) days after the filing of the appeal.

F.

After receiving an appeal from the determination that the application is incomplete, and following a public hearing, the City Council, whose decision is final, by the affirmative vote of a majority of its voting members, shall determine whether the application is complete or incomplete. In order to determine that an application is incomplete, the City Council must make all of the following findings:

(1)

The item or items identified as incomplete by the city were included in the city's submittal requirement checklist.

(2)

The city provided the applicant with a notice of the incomplete item or items within thirty (30) calendar days after the city received the applicant's application.

(3)

The notice specified those parts of the application that were incomplete and indicated the manner in which they could be made complete, including a list and thorough description of the specific information needed to complete the application.

(4)

The applicant resubmitted the application.

(5)

The materials provided by the applicant with the resubmitted application did not include information identified and described in the notice of incompleteness.

G.

The city shall provide the applicant a written notice of the City Council's decision following the hearing and before the expiration of the sixty-day period for hearing the appeal.

(Ord. No. 2025-03, § 3, 1-16-2025; Ord. No. 2025-07, § 4, 3-20-2025)

Notwithstanding any other provisions of this title, in the event that a project requires a general plan amendment, zone change, specific plan specific plan amendment, development agreement or other legislative action in addition to the tentative subdivision map, site development permit, conditional use permit, variance or other quasi-judicial land use applications for the project, the Planning Commission shall make a recommendation to the City Council to approve, modify or deny the applications for the legislative action for the project and a recommendation to the City Council to approve, conditionally approve or deny the quasi-judicial land use applications. The Council shall hear the applications for the legislative actions along with applications for the quasi-judicial actions for the project in one (1) public hearing before the Council in accordance with the applicable procedures of Section 9.05.100. The decision of the City Council shall be made by ordinance or resolution as required by law and shall require three (3) affirmative votes of the City Council. The purpose of this section is to enable the City Council to hear and decide all of the land use entitlements for a project in a comprehensive and coordinated manner.

(Ord. No. 2019-05, § 2, 2-21-2019)