(Ord. 612 Exhibit A (part), 2008).

      (1)   Zoning code interpretation (exclusive of use interpretations). An administrative interpretation of certain provisions (exclusive of use provisions) of the zoning ordinance in an effort to resolve ambiguity in the regulations and to ensure their consistent application (Chapter 21.94).

      (2)   Zoning clearance/plan check. An administrative plan check process of nonexempt uses and structures that do not otherwise require review to determine conformance with applicable provisions of this title (Chapter 21.96).

      (3)   Home occupation permit. An administrative permit authorizing limited non-residential activities on residential properties in compliance with specific criteria and performance standards (Chapter 21.98).

      (4)   Temporary use permit. An administrative permit authorizing specific limited-term uses in conformance with specified conditions and performance criteria set forth in Chapter 21.100.

      (5)   Administrative adjustment. An administrative permit granting limited exceptions to certain development standards of this title where strict compliance would result in a unique hardship (Chapter 21.102).

      (6)   Temporary sign permit. An administrative permit authorizing a variety of temporary signs for limited-term promotional advertising in conformance with specific provisions and conditions of this title (Chapter 21.104). Temporary signs may also be approved in conjunction with a temporary use permit (Chapter 21.100).

      (7)   Site plan review. An administrative review process providing for review of projects for compliance with the provisions of this title and compliance with any site plan or architectural design guidelines adopted by the city (Chapter 21.114).

      (8)   Large family day care home permit (LDC). An administrative permit authorizing a properly licensed applicant to operate a large family day care home, which provides care for nine to fourteen children, from a single-family zoned residence and in compliance with specific criteria and performance standards in Chapter 21.103 of this Title.

   (b)   Quasi-judicial Permits and Actions. Except when combined with legislative actions, the planning commission is the designated approving authority for quasi-judicial permits and actions. A public hearing is required for the following quasi-judicial actions:

      (1)   Zoning code use interpretation. An action establishing a use determination in an effort to resolve ambiguity in the use regulations and to ensure their consistent application (Chapter 21.106).

      (2)   Variance. An action granting exception to the development standards of this title in cases where strict compliance would result in a unique hardship. This permit applies to all requests for exception to the development standards of this title that do not qualify as a minor variance (Chapter 21.108).

      (3)   Conditional use permit. A permit authorizing the operation of a specific use of land or a building in a particular location consistent with the provisions of this title (Chapter 21.110).

      (4)   Certificate of compatibility. An action authorizing the design compatibility of new single-family homes with surrounding neighborhoods beyond consistency with applicable zoning provisions of this title (Chapter 21.112).

      (5)   Abatement/extension of nonconforming uses/structures. An action requiring the abatement or authorizing the extension of nonconforming uses or structures pursuant to provisions of Article IX, Chapter 21.130 (Chapter 21.114).

   (c)   Legislative Actions. The designated approving authority for all legislative actions by the city is the city council. A public hearing is required for all following legislative actions:

      (1)   Planned unit development. An action adopting a special area plan addressing the use and/or development of land that may not conform to the underlying zoning map or district regulations, but which complies with the goals and policies of the general plan for a particular area (Chapter 21.116).

      (2)   Specific plan. A regulatory document prepared pursuant to the Government Code Section 65450 et seq. for the systematic implementation of the general plan for a particular area (Chapter 21.118).

      (3)   Zoning ordinance text/map amendment. An action authorizing either a text amendment to this title or a map amendment changing the zoning designation of particular property consistent with the general plan (Chapter 21.120).

      (4)   General plan text/map amendment. An action authorizing either a text amendment to the general plan or a map amendment changing the general plan land use designation of particular property(s) (Chapter 21.122).

      (5)   Development agreement. An agreement between the city and a party with legal or equitable interest in the real property relating to the development of property (Chapter 21.124).

   (d)   Subdivisions and Other Building Regulations. In addition to the permits listed in this title, regulations governing the subdivision of land are established in Title 20 of the Municipal Code. Provisions for construction and building are established in Title 17 of the Municipal Code.

(Ord. 651, § 10, 2012; Ord. 612 Exhibit A (part), 2008; Ord. 705, § 8, 2018).

The following activities and uses of land and/or structures are exempt from the land use and development permit requirements of this title. However, activities/uses shall comply with all other relevant provisions of this title and may require other permits.

   (1)   Decks and paths. Decks, platforms, and on-site paths that are less than thirty inches above natural grade, are not over any basement or story below, and are unenclosed except for a safety railing with a maximum height of forty-two inches.

   (2)   Fences in residential zoning districts. Certain fences in residential zoning districts are exempt from land use permit requirements, as provided in Chapter 21.62.

   (3)   Portable spas, hot tubs, fish ponds. Portable spas, hot tubs, fish ponds, and similar structures that are less than one hundred twenty square feet in area (including related equipment), contain less than two thousand gallons of water, and are less than three feet in depth.

   (4)   Accessory structures. Accessory structures, as defined in Article X, that are smaller than one hundred twenty square feet in size, are not located in the required front yard, and have no portion of the structure equal to or greater than eight feet in height.

   (5)   Interior remodeling. Interior alterations that do not increase the gross floor area within the structure or change/expand the permitted use of the structure.

   (6)   Repairs and maintenance. Ordinary repairs and maintenance, if:

      (A)   The work does not change the approved land use of the site or the structure or add to, enlarge or expand the area occupied by the land use, or the floor area of the structure.

      (B)   Within a parking lot, the work does not alter the number or configuration of parking and/or landscape planters in any manner.

      (C)   Any exterior repairs employ the same materials and design as the original construction.

   (7)   Solar collectors. The addition of solar collection systems to the roofs of existing structures.

   (8)   Utilities. The erection, construction, alteration, or maintenance by a public utility or public agency of underground or overhead utilities intended to service existing or nearby approved developments (e.g., water, gas, electric or telecommunication supply or disposal systems, including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, and similar facilities and equipment), but not including new transmission lines and structures. Satellite and cellular telephone antennas are subject to compliance with Chapter 21.46.

   (9)   Activities/uses.

      (A)   Garage sales in residential zoning districts and neighborhoods, provided a garage sale permit has been issued.

      (B)   Emergency public health and safety needs/land use activities including, but not limited to emergency utility and response facilities.

(Ord. 612 Exhibit A (part), 2008).

      (1)   Any other Municipal Code provisions, including building, grading, or other construction permits (Title 17); a business license, if required; or subdivision approval if required by Title 20; or

      (2)   Any applicable county, regional, state, or federal regulations.

   (b)   All necessary permits shall be obtained before starting work or establishing a new use.

(Ord. 612 Exhibit A (part), 2008).

   (b)   Precedence. Each permit shall be evaluated on a case-specific basis. Therefore, granting of a prior permit does not create a precedent and is not justification for the granting of a new permit.

(Ord. 612 Exhibit A (part), 2008).

   (b)   Findings Required. In acting on an application, the approving authority shall make the applicable findings required for a particular permit or approval and as may be required by other laws and regulations.

   (c)   Appeals. An action of the approving authority may be appealed pursuant to procedures set forth in Chapter 21.88.

Table 21.82.020
Approving Authority

(Ord. 736, § 5 (part), 2025; Ord. 651, § 11, 2012; Ord. 612 Exhibit A (part), 2008).

When a proposed project requires more than one permit application with more than one approving authority, all project permits shall be processed concurrently as interrelated permits for a project and shall not be bifurcated. The highest designated approving authority for all such requested permits shall take final action on multiple permits. For example, the planning commission takes final action on a conditional use permit. However, when processed in conjunction with a development agreement, the conditional use permit shall be reviewed and acted upon by the city council in conjunction with the other application request(s). The planning commission provides recommendations to the city council on both entitlement requests. (Ord. 736, § 5 (part), 2025; Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

   (a)   Every application for a land use or development permit shall include a completed application form designated for the particular request, the applicant signature(s), the agent authorization as appropriate, and processing fee(s) established by city council resolution. Additionally, each application shall include particular maps, plans, and other data about the project development, project site and vicinity deemed necessary by the community development director to provide the recommending and final approving authorities with adequate information on which to base decisions.

    (b)   Applications will not be accepted by the planning department without required signed application forms and permit fees as established by resolution of the city council.

(Ord. 612 Exhibit A (part), 2008).

   (1)   When the application or appeal is filed by a public agency of the city, state, or federal government; or

   (2)   When the application is for a variance to permit the relocation of a building on the same lot, if such relocation is necessary solely because of the condemnation for a public use or the sale to a public agency on a portion of such lot.

(Ord. 612 Exhibit A (part), 2008).

   (1)   Within thirty days of application submittal, the community development director shall determine whether or not the application is complete. The applicant shall be notified in writing of the determination either that: a) all the submittal requirements have been satisfied and that the application has been accepted as complete; or b) specific information is still necessary to complete the application. The letter may also identify preliminary information regarding the areas in which the submitted plans are not in compliance with city standards and requirements. The applicant may appeal the determination in accordance with Chapter 21.88 and the Permit Streamlining Act (California Government Code Section 65943).

   (2)   To expedite the determination of completeness for administrative permits and actions of the community development director, administrative permit applications shall be deemed complete within seven working days, unless the applicant is otherwise notified in writing within the seven days that additional information is necessary to complete the application.

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

   (b)   Staff Determinations, Recommendations, and Reports.

      (1)   For administrative permits, the community development director shall create a written record of action to approve, conditionally approve, or deny the permit.

      (2)   For quasi-judicial and legislative actions, the community development director shall prepare a staff report that analyzes the proposed land use and development application for compliance and consistency with the provisions of this title, other applicable sections of the city's Municipal Code, the general plan, any applicable planned unit development, and applicable state law. The staff report shall include recommendations on the approval, approval with conditions, or disapproval of the application, taking into account the information provided by CEQA documentation. The staff report shall be mailed or delivered to the approving authority and the applicant not less than three days prior to public hearing or action on the application.

(Ord. 612 Exhibit A (part), 2008).

(Ord. 624 § 10, 2008; Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

   (b)   Notice of the public hearings shall be provided as required by law.

   (c)   Notice of the public hearing shall be mailed, postage prepaid, to the owners of property within a radius of three hundred feet of the exterior boundaries of the property involved in the application, using for this purpose that last known name and address of such owners as shown upon the current tax assessors records. If the number of owners to whom notice would be mailed or delivered is greater than one thousand, notice may be given by placing a display advertisement of at least one-eighth page in the newspaper of general circulation in the city in lieu of the above-required mailed or delivered notice.

   (d)   Notice of the public hearing shall be mailed, postage prepaid, to the owner of the subject real property or the owner's authorized agent, and to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the proposed project.

(Ord. 624 § 11, 2008; Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

   (b)   The summary minutes shall be prepared and made part of the permanent file of the case.

   (c)   Any hearing may be continued, and no further public notice shall be required unless the hearing is not continued to a specific date/time, in which instance the hearing shall be re-noticed.

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

   (a)   Any person dissatisfied with an interpretation or action of the community development director or permit review board made pursuant to this article may appeal such action to the planning commission within ten business days from the date of the action. Similarly, any person dissatisfied with an interpretation or action of the planning commission or city manager made pursuant to this article may appeal such action to the city council within ten business days of the planning commission action. Actions by the city council are not subject to appeal. Table 21.82.020 identifies the appeal authority for each of the city's land use and development permits and actions.

   (b)   In the event that city initiates an appeal, the city shall be exempt from the payment of fees.

(Ord. 612 Exhibit A (part), 2008).

(Ord. 623 § 6, 2008; Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

      (1)   Generally, the action to approve, conditionally approve, or deny a permit authorized by this title shall be effective on the eleventh calendar day after the date of action, immediately following expiration of the ten-day appeal period. However, where the last of the specified number of days falls on a weekend or city holiday, the time limit of the appeal shall extend to the end of the next working day.

      (2)   Legislative actions of the city council normally become effective thirty days from the date of final action and may not be appealed. Therefore, administrative and quasi-judicial permits that are processed in conjunction with (or that are contingent upon) a legislative action shall not be acted upon until the effective date of the required legislative action. Permit(s) shall not be issued until the effective date of required permit.

   (b)   Effect of Permit. The approval of a land use or development permit authorizes the applicant to proceed with the proposed project upon the effective date of the permit, subject to all conditions or restrictions imposed by the approving authority. However, all other permits, licenses, certificates and other grants of approval to which the proposed development project is subject must be secured before the development or use may commence.

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

   (b)   The term of a temporary use permit may not be extended.

   (c)   The approval of an extension extends the expiration date for one year from the original permit date. No additional extensions shall be granted for a permit which has been active for a period of two years, unless otherwise provided for in the conditions of approval or by this title.

   (d)   The permit, as extended, may be conditioned to comply with any development standards that may have been enacted since the permit was initially approved.

   (e)   The extension may be granted only when the designated approving authority finds that the original permit findings can be made and that there are changing circumstances or that there has been diligent pursuit to exercise the permit that warrants such extension.

   (f)   Extensions related to the terms of nonconforming uses and structures are governed by Article X, Chapter 21.130 and by Article VIII, Chapter 21.114.

(Ord. 612 Exhibit A (part), 2008).

   (b)   Unless otherwise provided, permits that have not been exercised prior to a zoning code amendment which makes the approved use or structure of the permit nonconforming shall automatically be deemed invalid on the effective date of the zoning code amendment.

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

   (b)   Exception. The home occupation permit is personal to the resident named on the permit and valid only for the occupation to be conducted by the resident at the location stated on the permit. The home occupation permit is not transferable to another person or site and shall not run with the land.

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

   (b)   If the community development director determines that a proposed project action is not in substantial conformance with the original approval, the community development director shall notify the property owner of the requirement to submit a permit modification application for consideration and action by the same approving authority as the original permit.

   (c)   A permit modification may be granted only when the approving authority makes all findings required for the original approval, and the additional finding that there are changed circumstances sufficient to justify the modification of the approval.

(Ord. 612 Exhibit A (part), 2008).

   (b)   Revocation or Modification of a Permit for Cause. A permit may be revoked or modified for cause as provided by the provisions of this section.

      (1)   Grounds for revocation. A permit may be revoked upon a finding of any of the following grounds:

         (A)   The permit was obtained or extended by false, misleading or incomplete information.

         (B)   One or more of the conditions upon which the permit was approved have been violated, or have not been complied with.

         (C)   The use or development is being conducted in a manner detrimental to public health, safety, or welfare, or such use or development constitutes a nuisance in accordance with this title.

      (2)   Initiation of action. The revocation of a permit may be initiated by any of the city department. The responsible department shall specify in writing to the permittee the basis upon which the action to revoke the permit is to be evaluated during the hearing to revoke.

   (c)   Revocation Hearing.

      (1)   A public hearing is required for any action to revoke a permit. The original approving authority for the subject permit shall hold the hearing. The hearing shall be noticed in the same manner required for the granting of the original permit.

      (2)   At its discretion, the designated approving authority may modify or delete the conditions of approval or add new conditions of approval in lieu of revoking a permit in order to address the issues raised by the revocation hearing.

      (3)   An action on a revocation is subject to appeal in accordance with the provisions of Chapter 21.88.

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

   (1)   Development standards applicable to a particular zoning district or use.

   (2)   Zoning boundaries.

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

   (1)   Issuance of a business license for a new use, change in use, or expansion of an existing use.

   (2)   Issuance of building permit for any structure, including signs.

   (3)   Issuance of building or similar permits for exterior mechanical equipment, air conditioning and/or filtration units, attic ventilators, roof-mounted fans and gable-end fans, and windmill systems.

   (4)   Initial paving, resurfacing and/or restriping of off-street parking lots which alters the number and/or configuration of parking spaces or corresponding landscape planters for multi-family and non-residential uses.

   (5)   Recycling facilities as specified in Chapter 21.50.

   (6)   Approval of exterior mechanical equipment plans for residential structures, as described in Section 21.18.050.

   (7)   Approval of the co-location of a wireless telecommunication facility, provided such co-location meets the requirements set forth in Section 21.46.030(d).

   (8)   Review any residential development that does not require a public hearing for compliance with the zoning code. (Ord. 736, § 5 (part), 2025; Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

   (b)   The following conditions shall be imposed as part of any home occupation permit to ensure that the use of the property is consistent with the residential character of the neighborhood:

      (1)   No persons other than the residents of the premises shall work on the premises in connection with the home occupation.

      (2)   There shall be no sale of goods or products to customers or other customer activity on the premises.

      (3)   The home occupation shall not involve the use of commercial vehicles for the delivery of materials to or from the premises.

      (4)   No activity upon the premises related to the home occupation will violate the city's residential noise standards.

      (5)   No display of any sign visible from the exterior of the home shall be permitted indicating the presence of a home occupation therein.

      (6)   Parking of vehicles on the site or in the vicinity of the home occupation not substantially utilized by resident for personal purposes, but rather, used in connection with the home occupation, is prohibited.

      (7)   No display of any kind shall be visible from the exterior of the building.

      (8)   There shall be no traffic to or from the premises by customers, salesmen, repairmen, service vehicles, delivery persons, messengers, or others beyond the amount of such traffic incidental to residential uses.

      (9)   Alterations of the premises are not permitted, including entrance or exit ways specifically provided in the dwelling or on the premises for the conduct of the home occupation.

      (10)   The conduct of a home occupation shall not interfere with the maintenance of the required parking spaces within the garage of the residence.

      (11)   No more than one room in a dwelling unit, or the maintenance of an office open to the general public, shall be used in connection with the home occupation.

      (12)   No hazardous materials shall be stored or utilized.

      (13)   There shall be no generation or creation of any radio, television or computer interference or any vibration, noise, or odor not normally associated with the residential use.

      (14)   There shall be complete conformity to the provisions of the La Mirada Municipal Code adopted or as may be amended by the city.

   (c)   The community development director may impose additional conditions necessary to ensure that the home occupation does not substantially or materially change the residential character of the surrounding neighborhood.

(Ord. 612 Exhibit A (part), 2008).

   (b)   The home occupation may not begin operation until a business license has been obtained.

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

      (1)   The following activities may be permitted for a maximum period of four days within a ninety-day period at any one location for a given applicant.

         (A)   Exhibits, demonstrations or sales of goods, equipment, merchandise or services.

         (B)   Aircraft, helicopter, hot air balloon and parachutist demonstrations and landings.

         (C)   Promotional events.

         (D)   Halloween haunted houses.

         (E)   Art and craft shows and exhibits.

         (F)   Health and safety services, demonstration and training.

         (G)   Revivals.

      (2)   Patriotic, historic or similar displays or exhibits adjacent to commercial buildings, parking areas, or sidewalks and special outdoor holiday sales or displays may be permitted for a maximum period of fifteen days within a ninety-day period at any one location for a given applicant.

      (3)   Carnivals, circuses, fairs, rodeos, pony riding, or similar traveling amusement enterprises may be permitted for a maximum period of seven days or three weekends of operation within a one hundred eighty-day period at any one location for a given applicant.

   (b)   The community development director, upon consulting with the permit review board, may approve other similar temporary uses in accordance with the provisions of this chapter and title. Any request to exceed the specified time limits for temporary uses herein shall require a conditional use permit pursuant to Chapter 21.110.

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

      (1)   The temporary use or activity is in harmony with the various elements and objectives of the city's general plan;

      (2)   The temporary use or activity complies with all applicable standards of the zoning ordinance with respect to the location of the proposed activity;

      (3)   The temporary use or activity will not be detrimental to persons or properties adjacent to or in the vicinity of the proposed location of the activity; and

      (4)   Provisions for adequate traffic circulation, off-street parking and pedestrian safety have been provided and will be maintained during the operation of the use or activity.

   (b)   Conditions. The permit review board may impose such terms, conditions and restrictions upon the operation or conduct of the use or activity as deemed necessary or expedient to protect the public peace, health, safety, morals, or welfare of the citizens of the city. Such conditions may include a requirement for temporary fencing. A notice of decision with written record of findings and conditions shall be mailed to the applicant in accordance with provisions of Section 21.84.090.

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

   (1)   Site clean up. A cash deposit may be required to ensure clean up of the site following the event. If the applicant fails to clean up the site to its original condition within seven days from the termination of the permit, the city may apply the applicant's deposit for the payment of all costs associated with site clean up.

   (2)   Liability. Liability insurance may be required in compliance with the city's insurance requirements in effect at the time of permit issuance. Such condition is mandatory if the temporary use or activity is conducted on public property.

(Ord. 612 Exhibit A (part), 2008).

   (b)   Suspension Upon Notice. If the temporary use or activity is being conducted in violation of the permit conditions or there has been a material misrepresentation in the application, the city manager may provide written notice of the violation. The notice shall specify that immediate compliance is required, and that failure to do so within the time set forth therein will result in suspension of the permit. If the permittee fails to comply with the notice, the permit shall be suspended in accordance with the dates on the violation notice. The suspension is deemed permanent unless contested by filing a written request for hearing with the city clerk within two business days from the date of suspension. If the suspension is contested, a hearing shall be scheduled with the city council at the next regularly scheduled council meeting. Notice of the final decision shall be mailed to the permittee.

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

      (1)   A reduction in the dimensions of a side yard or a rear yard up to ten percent.

      (2)   A reduction in the depth of a front yard not exceeding ten percent of the requirement.

      (3)   An increase in the percentage of lot coverage by not more than ten percent of the specified percentage.

      (4)   Any adjustment in the height of a fence or wall.

      (5)   An adjustment by not more than ten percent in the number of parking or loading spaces required.

      (6)   A decrease of up to ten percent any required landscaping.

      (7)   A decrease of up to ten percent of the required distance between buildings.

      (8)   Construction of a pylon sign in the CF zone up to thirty-five feet in height.

   (b)   Modifications in excess or other than those cited in subsection (a) shall require a variance (see Chapter 21.108).

   (c)   Except as otherwise specified herein, administrative adjustment applications shall be processed in accordance with standard administrative processing procedures.

(Ord. 612 Exhibit A (part), 2008).

   (b)   Once the community development director has made a written determination to approve, conditionally approve, or deny the administrative adjustment application, the community development director shall send a notice of decision to the applicant and owners of abutting property per Section 21.84.090. The notice of decision shall include information regarding the action taken, findings and conditions for action as applicable, along with the appeal period.

(Ord. 612 Exhibit A (part), 2008).

   (1)   The granting of the administrative adjustment will not be detrimental to persons or properties adjacent to the subject property, and will not be detrimental to the public interest, health, safety, convenience, or general welfare; and

   (2)   The subject property is physically suitable for the type of administrative adjustment proposed; and

   (3)   The granting of the administrative adjustment is consistent with the goals and policies of the general plan; and

   (4)   The granting of the administrative adjustment meets the intent of the provisions of this title.

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

(Ord. 651, § 12, 2012).

   (1)   Every applicant for a LDC shall submit a complete city administrative permit application together with all fees, plans, maps and other required information. The fee shall be established by resolution of the city council.

   (2)   The applicant for an LDC shall reside in the home where the large family day care home is proposed.

   (3)   When the applicant is not the property owner of the site where the large family day care home is proposed, a notarized property owner's affidavit of consent to operate a large family day care home shall be submitted in conjunction with the application.

   (4)   The community development director or designee ('Director') shall conduct the LDC review process, including notification and a public hearing (if requested by the applicant or affected person) in accordance with California Health and Safety Code Section 1597.46, or any successor provision.

   (5)   The decision to approve or deny a LDC shall be made by the director within thirty calendar days of the date of submission of a completed application. Applications determined to be incomplete shall be returned with written notification of the deficiency.

   (6)   If the application is denied, the director shall specify the grounds for the decision in a written notice to the applicant. A copy of the decision shall be mailed to any affected person who requested a hearing. The applicant and any affected person shall have the right to appeal the decision to the planning commission. Appeals shall be filed and processed in accordance with Chapter 21.88 (“Appeals”) of Title 21 of the city's Municipal Code. However, noticing for the appeal hearing shall be limited to the affected persons and the applicant. The appellant shall be responsible for payment of any appeal fees as established by resolution of the city council. When more than one appeal is received, the costs shall be evenly divided among the appellants.

   (7)   The applicant and any affected person shall have the right to appeal the decision of the planning commission to the city council. Appeals shall be filed and processed in accordance with Chapter 21.88 ('Appeals') of Title 21 of the city's Municipal Code. However, noticing for the appeal hearing shall be limited to the affected persons and the applicant. The appellant shall be responsible for payment of any appeal fees as established by resolution of the city council. When more than one appeal is received, the costs shall be evenly divided.

(Ord. 651, § 12, 2012).

   Not less than ten calendar days prior to the date on which the director intends to issue a decision granting an LDC permit, the director shall provide notice of the proposed use to all persons owning real property within a one hundred-foot radius of the property line of the proposed large family day care home (‘affected persons’). The applicant shall be responsible for providing the director with all notification materials, including a radius map, and certified address list sheets with mailing labels. Notices shall be sent via U.S. Postage, first class mail, in compliance with Health and Safety Code Section 1597.46. If within the ten-day notice period, a request for a hearing is made by the applicant or any affected person, a hearing shall be held by the director. The date of the hearing shall be set to occur within ten calendar days of the hearing request, and notice of the hearing shall be provided to the applicant and all persons requesting the hearing.

(Ord. 651, § 12, 2012).

   (1)   The granting of the LDC will not be detrimental to the persons or properties adjacent to the subject property, and will not be detrimental to the public interest, health, safety, convenience, or general welfare;

   (2)   The subject property is physically suitable for the operation of a large family day care home;

   (3)   The granting of the LDC is consistent with the goals and policies of the general plan, and;

   (4)   The granting of the LDC meets the intent of the provisions of this Title.

(Ord. 651, § 12, 2012).

   (1)   The home where the use is being conducted shall conform to the residential development standards of the zoning district in which it is located;

   (2)   The use shall be licensed pursuant to California Health and Safety Code Sections 1597.30 through 1597.621, including any or successor provisions;

   (3)   The operator shall obtain a city business license in accordance with Title 5 (‘Business Licenses’) of the city’s Municipal Code;

   (4)   There shall be one additional on-site parking space for each nonresident employee of the large family day care home. The parking shall comply with this Code;

   (5)   Based upon the potential for noise emanating from the day care home, as determined by the director, construction of a six-foot-high, solid decorative fence or wall may be required as a noise mitigation measure. The fence or wall shall be constructed pursuant to Chapter 21.62 ('Fences and Walls'), of this Title;

   (6)   Based upon the potential for noise emanating from the large family day care home, as determined by the director, additional landscaping may be required as a noise mitigation measure. A landscape plan shall be submitted for review and approval by the director. Implementation and maintenance of the landscaping plan shall be required for as long as the large family day care home is in operation;

   (7)   A large family day care home cannot be located within five hundred lineal feet of an existing large family day care home, boarding home, or rooming house, measured property line to property line, except as hereinafter provided. If an applicant can demonstrate that the concentration of said uses within five hundred feet will not adversely affect traffic circulation or create congestion in the vicinity, then the large family day care home may be located no less than three hundred lineal feet from an existing large family day care home, boarding home, or rooming house; and

   (8)   Each large family day care home shall comply with the state fire marshal's fire and life safety standards, as specifically required by the California Health and Safety Code and the California Building Standards Code.

(Ord. 651, § 12, 2012).

(Ord. 651, § 12, 2012).

   (1)   If conditions giving rise to a complaint that this chapter or permit condition is being violated, and that is determined to be well-founded by the director, have not been corrected within fourteen calendar days of the date a written notice to correct was served, and/or if the operator and/or property owner has been unable or unwilling to modify its operation to correct the violation, or to eliminate or reduce the adverse effects of the violation to an insignificant level;

   (2)   A change in circumstances that would substantially change the findings, conditions, or requirements set forth in the LDC application and/or permit;

   (3)   If the information on the LDC application was false or the permit was obtained by misrepresentation or fraud;

   (4)   If any of the requirements of this chapter, or conditions imposed on a permit, have not been met and continuously maintained;

   (5)   If the use is being conducted in a manner detrimental to public health, safety, or welfare, or such use constitutes a nuisance in accordance the city's Municipal Code;

   (6)   When the Director determines that the use or how it is being conducted, is in violation of any statute, ordinance, law, or regulation.

(Ord. 651, § 12, 2012).

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

   (1)   The proposed use meets the intent of, and is consistent with the goals, policies, and objectives of the general plan;

   (2)   The proposed use meets the stated purpose and general intent of the zoning district in which the use is proposed to be located;

   (3)   The proposed use will not adversely impact the public health, safety, and general welfare of the city's residents; and

   (4)   The proposed use shares characteristics common with, and is not of greater intensity, density, or environmental impact, than those uses listed in the land use zoning district in which it is to be located.

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

   (b)   Variances may not be approved for uses or activities not otherwise expressly authorized by this title. A variance is not a substitute for a zone change, zone text amendment, or conditional use permit.

   (c)   Financial hardship in and of itself does not represent grounds on which to file a variance application.

(Ord. 618 § 7, 2008; Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

   (1)   That there are special circumstances applicable to the property including size, shape, topography, location or surroundings, which do not generally apply to other property in the same district;

   (2)   That the granting of the minor variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated.

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

   (b)   To ensure compatibility with zoning regulations and surrounding properties, conditional uses require special consideration. The planning commission is empowered to grant and deny applications for conditional use permits and to impose reasonable conditions upon the granting of such permit.

   (c)   Applications for conditional use permits may be submitted only for those uses specified as allowable conditional uses in the applicable zone district. A conditional use permit is not a substitute for a change of zone or zoning ordinance text amendment.

(Ord. 612 Exhibit A (part), 2008).

   (1)   The use is one conditionally permitted within the subject zone and complies with the intent of all applicable provisions of this title;

   (2)   The use will not impair the integrity and character of the zone in which it is to be located;

   (3)   The subject site is physically suitable for the type of land use being proposed;

   (4)   The use is compatible with any land uses presently on the subject property;

   (5)   The use will be compatible with existing and future land uses within the zone and the general area in which the proposed use is to be located;

   (6)   Adequate provisions for water, sanitation, and public utilities and services are available to ensure that the use will not be detrimental to public health and safety;

   (7)   Adequate provisions for public access are available to serve the use;

   (8)   The use is consistent with the general plan; and

   (9)   The use will not be detrimental to the public interest, health, safety, convenience, or welfare.

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

   (1)   Substantial conformity to approved plans and drawings;

   (2)   Guarantees as to compliance with the terms of approval;

   (3)   Dedication of and improvement of streets and other public facilities;

   (4)   Special yard, planting, fences or walls;

   (5)   Limitations on signs; and

   (6)   Limitations as to the time of day during which specified activities may be conducted.

(Ord. 612 Exhibit A (part), 2008).

The final action on the conditional use permit by the planning commission shall constitute approval of the permit. Such permit shall only become valid after the designated ten-day appeal period has expired.

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

   (b)   For the purpose of this chapter, “compatible” shall mean consistent and harmonious in terms of scale, massing, use of landscaping, and quality of workmanship and materials. (Ord. 736, § 5 (part), 2025; Ord. 623 § 7, 2008; Ord. 612 Exhibit A (part), 2008).

      (1)   Construction of a new commercial or industrial building where the gross floor area exceeds five thousand square feet.

      (2)   An expansion of an existing commercial or industrial building where the expansion exceeds fifty percent of the structure’s existing gross floor area.

   (b)   Processing. Applications shall be processed in accordance with the standard permit processing provisions of this article. (Ord. 736, § 5 (part), 2025; Ord. 623 § 8, 2008; Ord. 612 Exhibit A (part), 2008).

   1.   The proposed structure or addition is designed so that it complies with the development standards of the zoning code in which it is to be located and the city's general plan;

   2.   The proposed structure or addition complies with the most recent edition of the California Building Code as adopted and amended by the city; applicable public works development standards, policies and requirements; standards, and any other applicable regulations, policies or standards;

   3.   The proposed structure or addition, as conditioned, is not economically or aesthetically detrimental to existing or previously approved uses or structures within the surrounding area; and

   4.   The proposed structure or addition is aesthetically compatible with the existing uses and structures within the surrounding area, and complies with any applicable design guidelines, policies and/or standards established for the purposes of the certificate of compatibility, including application review and approval. (Ord. 736, § 5 (part), 2025; Ord. 656 § 4 (part), 2012; Ord. 623 § 9, 2008; Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

   Additions to single-family dwellings are subject to Section 21.112 (Certificate of compatibility) if the combined total floor area ratio (FAR) of the existing and new floor area exceeds the maximum FAR standard of the residential district in which the dwelling is located pursuant to Table 21.18.040 (Floor Area Ratio Standards).

   (b)   In circumstances whereby no other discretionary application or review is required pursuant to the provisions of this title, site plan review shall be conducted by the community development director, and no public hearing shall be required.

   (c)   In circumstances whereby a separate discretionary application or review is required, site plan review shall be conducted concurrent with that discretionary application, as set forth in Section 21.82.030.

(Ord. 722, § 11, 2022; Ord. 623 § 11, 2008; Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

   (a)   Standards of Review. Site plan review shall be conducted after an application has been deemed complete (Chapter 21.84). Upon receiving a complete application, the community development director or designee shall consider the location, design, site plan configuration, setbacks from all property lines, land coverage, building height and bulk, landscaping, access, parking, circulation, and the overall effect of the proposed project upon its surroundings, as set forth in Section 21.114.050 below. Site plan review shall be conducted by utilizing applicable general plan policies, any applicable specific plan or planned development, adopted development standards, design guidelines, and other applicable city ordinances and regulations.

   (b)   Modifications and Action. Within fifteen days of receiving a completed application, the community development director or designee shall review the application for compliance with the provision of this chapter and title, and shall prepare and mail to the applicant a site plan review letter specifying any required modifications. The applicant shall be provided the opportunity to make the required modifications and to provide revised materials to the community development director for subsequent review. Within fifteen days of receiving revised materials, the community development director shall act to approve the application, approve the application subject to conditions and modifications, or deny the application.

(Ord. 612 Exhibit A (part), 2008).

   (b)   General.

      (1)   The development shall create a pleasant character and be harmonious with the past development.

      (2)   The development shall minimize disruption of existing natural features such as trees and other vegetation and natural ground forms.

      (3)   The development shall illustrate a design compatibility with the desired developing character of the surrounding area.

   (c)   Building and Site Planning Relationships.

      (1)   The building site shall avoid crowding structures and allow for a functional use of space between buildings.

      (2)   The building or buildings shall reflect attention to shadows, changing climatic conditions, and noise impacts.

      (3)   The building design exterior facade and architectural features (including window types, entrance areas, porches, chimneys, and the use of building modulation) shall complement and blend in with the surrounding area.

      (4)   Building height, profile of the structures, building materials, finishes, and colors on exterior surfaces, and roof designs and materials shall complement the surrounding area.

   (d)   Site Design.

      (1)   The orientation of building(s) and site layout shall be compatible with the surrounding area, including entrances, parking areas, driveways, landscape areas, setbacks, trash enclosures, and common and private recreation areas (multiple-family development).

      (2)   The scale and bulk of building(s) shall be compatible with the surrounding area.

      (3)   Pedestrian walkways and paving materials shall be clearly indicated in the circulation design.

      (4)   Loading and unloading areas shall provide for adequate ingress and egress.

      (5)   Lighting for safety of pedestrians and vehicles shall be integrated into the design elements of the building(s) and landscaping.

      (6)   Art work, including sculpture, murals, fountains, and other ornamental or decorative features for scale, design, shall be compatible with the surrounding properties.

   (e)   Circulation.

      (1)   The development shall minimize impacts on surrounding properties and streets and accommodate emergency vehicles.

      (2)   The development shall create a circulation system that avoids conflicts among vehicular, bicycle and pedestrian traffic.

      (3)   The development shall accommodate individuals with physical disabilities via the provision of conveniently located handicapped parking stalls, ramps and the like.

   (f)   Landscaping.

      (1)   The development shall design landscaping to create a pleasing appearance from both within and off the site.

      (2)   The development shall ensure landscaping accommodates adequate sight distances for motorists and pedestrians entering and exiting the site and does not interfere with circulation effectiveness.

   (g)   Buffering.

      (1)   Adequate screening shall be provided for exterior trash and storage areas and service yards from view of adjacent streets and structures in a manner that is compatible with building site design.

      (2)   Adequate buffering shall be provided to minimize the noise within the project as well as noise created by the proposed project (traffic, air conditioning, use, etc.) that may negatively impact the surrounding area.

(Ord. 612 Exhibit A (part), 2008).

A site plan review application shall be granted only when the community development director finds the proposed use or development action to be in conformance with all applicable provisions of this chapter and title and other adopted policies of the city. The community development director may modify plans in whole or in part, apply conditions of approval, or require guarantees to ensure compliance with applicable provisions of this chapter and title.

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

   (b)   The planned unit development is intended to provide a process for consideration of development proposals substantially improved by modifications of conventional development regulations, provided the development is consistent with the general plan.

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

   (b)   Minimum Area and Dimensions of Lots. The minimum required area, width, and depth of individual lots within the PUD area shall be established as part of the conditions of approval. The following factors will be considered in the establishment of such requirements:

      (1)   Topography.

      (2)   Proposed lot coverage.

      (3)   The location and amount of common open space areas.

      (4)   Aesthetic relationships between individual units, buildings, and open space.

   (c)   Yards and Setbacks. Minimum front, side, and rear yard requirements shall be established as part of the conditions of approval, and building lines shall be indicated on the approved site plan map.

   (d)   Maximum Building Height. Maximum building heights shall be established as part of the conditions of approval. In no event, however, shall the maximum height of residential buildings exceed thirty-five feet, or nonresidential or mixed-use buildings exceed fifty feet. The planning commission shall take into account surrounding properties and uses in establishing the maximum building height.

   (e)   Parking and Loading. Parking and loading facilities shall be provided as set forth in Chapter 21.68.

   (f)   Landscaping. A comprehensive landscape plan shall be approved as part of the conditions of approval. Required landscape coverage shall equal that required in this title for the use or uses most similar to that/those proposed for the PUD.

   (g)   Signs. A comprehensive sign plan shall be prepared. Sign regulations shall those applicable to the CO zoning district, unless the planning commission establishes alternative regulations through the conditions of approval, taking into consideration the uses proposed and surrounding land uses.

   (h)   Other Design Components. As part of the conditions of approval for the PUD, the planning commission may establish development standards for common and private open space, pedestrian access to recreational amenities, common open space areas, privacy, and any other design or development component the commission believes requires standards to achieve high design quality and functionality of the development.

(Ord. 612 Exhibit A (part), 2008).

   (1)   Pre-application conference requirement. Prior to filing a formal application for a planned unit development zone change and permit, the applicant shall submit preliminary plans to the community development director for review for consistency with the general plan, appropriateness for the area proposed, and general overall use and design concepts.

   (2)   Planning commission recommendation. The planning commission recommendation to city council on all planned unit development applications shall be in the form of an adopted resolution for approval, approval with modifications, or denial of the application.

   (3)   Modifications. If the city council proposes any substantial modification to the specific plan not previously considered by the planning commission, the council shall refer the matter back to the commission for consideration. No public hearing shall be required. Failure of the commission to act within forty days of receiving the council's request shall provide the council with the authority to act without the recommendation.

(Ord. 612 Exhibit A (part), 2008).

   (1)   The proposed development is consistent with the general plan.

   (2)   The location, design, and proposed uses are compatible with the character of existing development in the vicinity.

   (3)   The proposed development will be well integrated into its setting.

   (4)   Provision is made for both public and private open spaces at least equivalent to that required by the superceded district regulations.

   (5)   Suitable provision is made, where appropriate, for schools, parks, and playgrounds, and for the protection and maintenance of private areas reserved for common use.

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

The purpose of this section is to implement the provisions of California Government Code Section 65941.1, the Housing Crisis Act of 2019, which aims to increase housing supply by expediting the review process for certain housing development projects and offering greater certainty by allowing an optional vesting opportunity through the Preliminary Application process.

(Ord. 736, § 5 (part), 2025).

   (a)   A housing development project shall be subject only to the ordinances, policies, and standards adopted and in effect when a preliminary application including all of the information required by this chapter was submitted except as specified in Government Code Section 65586.5. To be eligible for the preliminary application process and obtain vesting rights a housing development project shall consist of one of the following and satisfy all other applicable provisions of this Chapter:

      (1)   Residential units only (not including hotels) and creates two or more new dwelling units on a project.

      (2)   Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use; or

      (3)   Transitional housing or supportive housing.

(Ord. 736, § 5 (part), 2025).

   (a)   The applicant shall submit a preliminary application set forth by this chapter to establish a project's vested rights.

   (b)    Within 180 days of submitting a complete preliminary application, the applicant shall submit a Planning Application for the required land use entitlement required for the project. If the City determines that the Planning Application is not complete pursuant to Government Code Section 65943, the applicant shall submit the specific information needed to complete the application within 90 days of receiving the City's written incomplete notice. If the applicant does not submit this information within the 90-day period, then the preliminary application shall expire and have no further force or effect.

   (c)    Within 30 days of the date that an application is deemed complete for residential developments proposing 150 units or fewer, and within 60 days for residential developments proposing greater than 150 units the city has to inform an applicant that their project is consistent or inconsistent with an applicable plan, program, policy, ordinance, standard, requirement, or similar provision.

   (d)    After submittal of all of the required information, if the development proponent revises the project such that the number of residential units or square footage of construction changes by 20% or more, exclusive of any increase resulting from the receipt of a density bonus, incentive, concession, waiver, or similar provision, the housing development project shall not be deemed to have submitted a preliminary application until the development proponent resubmits the required information so that it reflects the revisions.

(Ord. 736, § 5 (part), 2025).

An applicant for a housing development project shall be deemed to have submitted a preliminary application upon providing all of the following information about the proposed project to the City and upon payment of the permit processing fee:

   (a)   The specific location, including parcel numbers, a legal description, and site address, if applicable.

   (b)   The existing uses on the project site and identification of major physical alterations to the property on which the project is to be located.

   (c)   A site plan showing the location on the property, elevations showing design, color, and material, and the massing, height, and approximate square footage, of each building that is to be occupied.

   (d)   The proposed land uses by number of units and square feet of residential and nonresidential development using the categories in the applicable zoning ordinance.

   (e)   The proposed number of parking spaces.

   (f)   Any proposed point sources of air or water pollutants.

   (g)   Any species of special concern known to occur on the property.

   (h)   Whether a portion of the property is located within any of the following:

      (1)   A very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178.

      (2)   Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

      (3)   A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Article 5 (commencing with Section 78760) of Chapter 4 of Part 2 of Division 45 of the Health and Safety Code.

      (4)   A special flood hazard area subject to inundation by the 1% annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency.

      (5)   A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.

      (6)   A stream or other resource that may be subject to a streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code.

   (i)   Any historic or cultural resources known to exist on the property.

   (j)   The number of proposed below market rate units and their affordability levels.

   (k)   The number of bonus units and any incentives, concessions, waivers, or parking reductions requested pursuant to California Government Code Section 65915.

   (l)   Whether any approvals under the Subdivision Map Act, including, but not limited to, a parcel map, a tentative map, or a condominium map, are being requested.

   (m)   The applicant's contact information and, if the applicant does not own the property, consent from the property owner to submit the application.

   (n)   The number of existing residential units on the project site that will be demolished and whether each existing unit is occupied or unoccupied.

   (o)   A site map showing a stream or other resource that may be subject to a streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code and an aerial site photograph showing existing site conditions of environmental site features that would be subject to regulations by a public agency, including creeks and wetlands.

   (p)   The location of any recorded public easement, such as easements for storm drains, water lines, and other public rights of way.

(Ord. 736, § 5 (part), 2025).

   (a)   If a proposed housing development project complies with the applicable, objective general plan and zoning standards in effect at the time an application is deemed complete, after the application is deemed complete, the city shall not conduct more than five hearings, or any other law, ordinance, or regulation requiring a public hearing in connection with the approval of that housing development project. If the City continues a hearing subject to this section to another date, the continued hearing shall count as one of the five hearings allowed under this section.

(Ord. 736, § 5 (part), 2025).

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

   (b)   Scope of a Specific Plan. Each specific plan shall identify specific land uses, standards, and criteria necessary for the development, maintenance, and use of the subject property in compliance with the policies and programs of the general plan. Each specific plan shall clearly specify how and to what extent the plan is to improve upon, supplement, or supersede any adopted ordinance, regulations, and standards. Where not otherwise specifically referenced and addressed by a specific plan, all adopted ordinances, regulations, standards, and guidelines of the city shall apply.

   (c)   Content. In addition to the minimum content requirements specified in Government Code Section 65451, the following shall be included in all specific plans:

      (1)   Statement of the relationship of the specific plan to the general plan.

      (2)   Policies for development and standards for regulating development within the plan area.

      (3)   The proposed land uses for all areas covered by the plan.

      (4)   General site design standards and guidelines for all developments.

      (5)   The location of and types of streets.

      (6)   Public facilities and infrastructure required to serve developments within the plan area.

      (7)   Landscaping and parking lot treatments.

      (8)   Proposed conservation, open space and/or recreation areas, if any.

      (9)   Any other programs, guidelines or standards appropriate for the area covered by the plan.

(Ord. 612 Exhibit A (part), 2008).

   (1)   Planning commission recommendation. The planning commission recommendation to city council on all specific plan applications shall be in the form of an adopted resolution for approval, approval with modifications, or denial of the application.

   (2)   Modifications. If the city council proposes any substantial modification to the specific plan not previously considered by the planning commission, the council shall refer the matter back to the commission for consideration. No public hearing shall be required. Failure of the commission to act within forty days of receiving the council's request shall provide the council with the authority to act without the recommendation.

(Ord. 612 Exhibit A (part), 2008).

   (1)   The proposed specific plan is consistent with and provides for the orderly, systematic, and specific implementation of the general plan.

   (2)   The land use and development regulations within the specific plan are comparable in breadth and depth to similar zoning regulations contained in this title.

(Ord. 612 Exhibit A (part), 2008).

Specific plan documents may be adopted by ordinance or resolution of the city council. The rezoning of the subject property to a SP district shall be adopted by ordinance of the city council.

(Ord. 612 Exhibit A (part), 2008).

   (1)   Changes to the text or maps other than the addition of information that does not change the effect of any regulation.

   (2)   Changes in any specific plan boundary.

   (3)   Increase or decrease in the specified density for any area.

   (4)   Changes in standards or regulations, including landscaping and design standards.

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

   (1)   Upon resolution of the city council.

   (2)   Upon resolution of the planning commission.

   (3)   Upon application by a property owner or owners of any parcel subject to requirements of this title.

(Ord. 612 Exhibit A (part), 2008).

   (b)   Planning Commission Recommendation. The planning commission shall make a recommendation to the city council, in the form of an adopted resolution for approval, approval with modifications, or denial, on all zoning code text and/or map amendments that achieve any of the following:

      1.   Regulate the use of buildings, structures, and land as between industry, business, residences, open space, including agriculture, recreation, enjoyment of scenic beauty, use of natural resources, and other purposes.

      2.   Regulate signs and billboards.

      3.   Regulate the location, height, bulk, number of stories, and size of buildings and structures.

      4.   Regulate the size and use of lots, yards, courts, and other open spaces.

      5.   Regulate the percentage of a lot which may be occupied by a building or structure.

      6.   Regulate the intensity of land use.

      7.   Establish requirements for off-street parking and loading.

      8.   Establish and maintain building setback lines.

      9.   Create civic districts around civic centers, public parks, public buildings, or public grounds, and establish regulations for those civic districts.

   When a proposed zoning code text and/or map amendment does not achieve any of the above ((b)1 to (b)-9) the action shall not require planning commission review.

   All resolutions recommending denial of a zoning code text and/or map amendment shall be placed on the city council agenda as a receive-and-file item. The commission’s decision shall be considered and no further action by the city council will be required unless an appeal is filed in accordance with the provisions of Chapter 21.88, or unless at least one council member chooses to set the matter for hearing.

   (c)   Modifications. If the city council proposes any substantial modification to the zoning code amendment not previously considered by the planning commission, the council shall refer the matter back to the commission for consideration. No public hearing shall be required. Failure of the commission to act within forty days of receiving the council's request shall provide the council with the authority to act without the recommendation.

   (d)   Adoption. Zoning code map/text amendments shall be adopted by ordinance of the city council, which constitutes final action.

(Ord. 624 § 12, 2008; Ord. 612 Exhibit A (part), 2008).

   (1)   That the proposed zoning ordinance text or map amendment is consistent with the goals, policies, and objectives of the general plan;

   (2)   That the proposed zoning ordinance text or map amendment will not adversely affect surrounding properties; and

   (3)   That the proposed zoning ordinance text or map amendment promotes public health, safety, and general welfare and serves the goals and purposes of this title.

(Ord. 612 Exhibit A (part), 2008).

   (1)   Upon resolution of the city council.

   (2)   Upon resolution of the planning commission.

   (3)   Upon application by a property owner or owners of any parcel subject to the general plan.

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

   (1)   Planning commission recommendation. The planning commission recommendation to city council on all general plan text and/or map amendment applications shall be in the form of an adopted resolution for approval, approval with modifications, or denial of the application.

   (2)   Modifications. If the city council proposes any substantial modification to the general plan amendment not previously considered by the planning commission, the council shall refer the matter back to the commission for consideration. No public hearing shall be required. Failure of the commission to act within forty days of receiving the council's request shall provide the council with the authority to act without the recommendation.

(Ord. 612 Exhibit A (part), 2008).

   (1)   That the proposed general plan amendment is consistent with all other goals, policies, and objectives of the general plan;

   (2)   That the proposed general plan amendment will not adversely affect surrounding properties;

   (3)   That the proposed general plan amendment promotes public health, safety, and general welfare and serves the goals and purposes of this title; and

   (4)   That the proposed amendment will not conflict with provisions of this title or the city's subdivision regulations.

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

      (1)   The duration of the agreement.

      (2)   The permitted uses of the property.

      (3)   The density and intensity of permitted use.

      (4)   The maximum height and size of proposed buildings.

      (5)   Provisions for reservation or dedication of lands for public purposes.

   (b)   Optional Contents. The development agreement may also contain the following information:

      (1)   Conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided such conditions, terms, provisions and requirements do not prevent development of land for the purposes and level of use set forth in the agreement.

      (2)   Requirements that construction be commenced within a specified time period, and that the project or any phase thereof be completed within a specified time frame.

(Ord. 612 Exhibit A (part), 2008).

   (1)   Planning commission recommendation. The planning commission recommendation to city council on all development agreement applications shall be in the form of an adopted resolution for approval, approval with modifications, or denial of the application.

   (2)   Modifications. If the city council proposes any substantial modification to the development agreement not previously considered by the planning commission, the council shall refer the matter back to the commission for consideration. No public hearing shall be required. Failure of the commission to act within forty days of receiving the council's request shall provide the council with the authority to act without the recommendation.

(Ord. 612 Exhibit A (part), 2008).

   (1)   The development agreement is consistent with the general plan objectives, policies, land uses, and implementation programs and any other adopted plans or policies applicable to the agreement;

   (2)   The development agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located;

   (3)   The development agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole.

   (4)   The development agreement is consistent with the provisions of California Government Code Section 65864 through 65869.5.

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

It is the City of La Mirada's policy to provide individuals with disabilities reasonable accommodation in regulations and procedures to ensure equal access to housing, and to facilitate the development of housing. The purpose of this chapter is to provide a procedure under which a disabled person may request a reasonable accommodation in the application of zoning requirements. This chapter is based on requirements of the federal and state fair housing laws, and implements the housing element of the City of La Mirada's general plan. It is distinct from the requirements for a variance set forth in Government Code Section 65906 and Chapter 21.108 of this code. (Ord. 736, § 5 (part), 2025; Ord. 661 § 9 (part), 2012).

   (b)   Availability of information. Information regarding this reasonable accommodation procedure shall be prominently displayed at the public information counters in the city hall, advising the public of the availability of the procedure for eligible applicants.

   (c)   Balancing rights and requirements. The City of La Mirada will attempt to balance (1) the privacy rights and reasonable request of an applicant for confidentiality, with (2) the land use requirements for notice and public hearing, factual findings and rights to appeal, in the city's requests for information, considering an application, preparing written findings and maintaining records for a request for reasonable accommodation. (Ord. 736, § 5 (part), 2025; Ord. 661 § 9 (part), 2012).

   (b)   Review with other land use applications. If the project for which the reasonable accommodation is being requested also requires some other discretionary approval, then the applicant shall submit the reasonable accommodation application first for a determination by the community development department, before proceeding with the other applications.

   (c)   Fee. The fee for an application for reasonable accommodation shall be established by resolution of the city council. (Ord. 736, § 5 (part), 2025; Ord. 661 § 9 (part), 2012).

   (a)   Is the requested accommodation necessary to afford a disabled person an equal opportunity to use and enjoy a dwelling? To determine whether the accommodation is necessary, the director may consider, among other things: The nature of the disability including the special needs created by the disability, the physical attributes and setting of the property and structures, the potential benefit that can be accomplished by the requested accommodation, and alternative accommodations that may provide a comparable level of benefit.

   (b)   Is the requested accommodation reasonable? A requested accommodation is not reasonable if it would impose an undue financial or administrative burden on the City. It is also not reasonable if it would fundamentally alter a City program, such as the City's zoning scheme.

      (1)   In considering the financial or administrative burden on the City, the director may consider, among other things, the extent to which the City would have to dedicate resources, such as staff time and funds, to grant the request and other requests like it.

      (2)   In considering the potential alteration to a City program, such as the City's zoning scheme, the director may consider, among other things, whether granting the request would be consistent with the City's General Plan, with the purpose and nature of the particular zoning district, and with nearby uses. The director may also consider whether the requested accommodation would potentially have adverse external impacts on properties in the vicinity. (Ord. 736, § 5 (part), 2025).

   (a)   The requested accommodation is requested by or on the behalf of one or more individuals with a disability protected under the fair housing laws.

   (b)   The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling.

   (c)   The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others.

   (d)   The requested accommodation will not result in a fundamental alteration in the nature of the City's zoning program. The City may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the City's zoning program:

      (1)   Whether the requested accommodation would fundamentally alter the character of the neighborhood.

      (2)   Whether the accommodation would result in a substantial increase in traffic or insufficient parking.

      (3)   Whether granting the requested accommodation would substantially undermine any express purpose of either the City's general plan or an applicable specific plan.

      (4)   Whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.

      (5)   Any other factors that would cause a fundamental alteration in the city's zoning program, as may be defined in the Fair Housing Law. (Ord. 736, § 5 (part), 2025).

An affordable housing implementation plan (AHIP) provides a process to review and grant density bonuses, concessions, incentives, and development standard waivers in compliance with Government Code Section 65915 et seq. and Chapter 21.49. (Ord. 736, § 5 (part), 2025).

Any development project which requests a density bonus, concession/incentive, and/or development standard waiver shall apply for an Affordable Housing Implementation Plan. (Ord. 736, § 5 (part), 2025).

An application for an affordable housing implementation plan shall include the following information:

   (a)   A legal description of the project site where the target dwelling units will be located including a statement of present ownership and present and proposed zoning.

   (b)   A letter signed by the present owner stating what specific density bonus, incentives or concessions, waivers or modifications in development standards are being requested from the City and if reduced parking pursuant to Section 21.49.060 is being requested.

   (c)   A detailed vicinity map showing the project location and such details as the location of the nearest commercial retail, transit stop, potential employment locations, park or recreation facilities or other social or community service facilities.

   (d)   Site plans, floor plans, and building elevations, which shall designate the total number of units proposed on the site, including the number and location of target dwelling units and density bonus dwelling units, and supporting plans per the application submittal requirements.

   (e)   If the project site contains existing dwelling units, a description of the existing dwelling units. This shall include the number of units, whether owner-occupied or rentals, the number of bedrooms in each of the units, and evidence to household income of occupants for the previous five years.

   (f)   In the case of a request for any incentive or concession, evidence that the request will result in identifiable and actual cost reductions.

   (g)   In the case of a request for a waiver or reduction of development standards, evidence that the development standard being waived or reduced will have the effect of physically precluding the construction of the development at the densities proposed.(Ord. 736, § 5 (part), 2025).

The review authority for affordable housing implementation plans shall be as follows:

   (a)   For requests for increases in density and parking reductions, the Director shall be the final action authority, subject to appeal to the Planning Commission.

   (b)   For concessions/incentives, excluding financial incentives, or development standard waivers/reductions, the Planning Commission shall be the final action authority, subject to appeal to the City Council.

   (c)   For financial incentives, fee waivers, and waivers to dedication requirements, the City Council shall be the final action authority. (Ord. 736, § 5 (part), 2025).

The review authority shall approve the affordable housing implementation plan, unless it adopts one of the following findings:

   (a)   The project would have a specific, adverse impact on the health and safety of the public and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households.

   (b)   The project would have a specific, adverse impact on any real property that is listed in the California Register of Historical Resources and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households.

   (c)   A proposed concession/incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs or rents for the targeted units.

   (d)   Approval of the affordable housing implementation plan would be contrary to state or federal law.

   (e)   Approval of the financial incentives, fee waiver, or waivers to dedication requirements would not result in a public benefit. (Ord. 736, § 5 (part), 2025).