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La Palma City Zoning Code

ARTICLE IV

ADMINISTRATIVE PROCEDURES

DIVISION 2. - HEARINGS[4]


Footnotes:
--- (4) ---

State Law reference— Public notice of public hearings for planning and zoning matters, Government Code §§ 65090, 65091; planning commission public hearing on proposed zoning ordinance or amendment to zoning ordinance, Government Code § 65854.


DIVISION 3. - APPEALS[5]


Footnotes:
--- (5) ---

State Law reference— Authority of local government to provide by ordinance procedures for appeals from zoning decisions, Government Code § 65903.


DIVISION 7. - AMENDMENTS[6]


Footnotes:
--- (6) ---

State Law reference— Procedure for amending a general plan, Government Code § 65350; procedure for amendment to zoning ordinance, Government Code § 65853.


Sec. 44-475. - Purpose.

The purpose of this division is to describe the authority and responsibilities of the City staff and officials in the administration of this chapter.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-476. - Planning agency defined.

As provided by State law (Government Code § 65100), the City Council, Development Committee, and the Community Development Director shall perform the functions of the planning agency.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 18, 5-3-2016)

State Law reference— Local planning agencies, Government Code § 65100 et seq.

Sec. 44-477. - Review authorities.

The following review authorities shall make decisions on the procedures authorized by this Development Code, and as identified in Table IV-1:

(1)

City Council.

(2)

Development Committee.

(3)

Special Permit Committee.

(4)

Special Permit Subcommittee.

(5)

City Manager.

(6)

Community Development Director.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 19, 5-3-2016)

Sec. 44-478. - City council duties and authority.

The City Council shall perform the duties and functions prescribed in this chapter, including reviewing, or making determinations on applications for development projects in compliance with Table IV-1.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-479. - Reserved.

Editor's note— Ord. No. 2016-06, § 20, adopted May 3, 2016, repealed § 44-479 in its entirety. Former § 44-479 pertained to "Planning commission," and was derived from Ord. No. 2015-01, § 3, adopted May 5, 2015.

Sec. 44-480. - Development and circulation committee.

The Development and Circulation Committee is an advisory committee consisting of citizens-at-large appointed by the City Council. It shall be the duty of the Development and Circulation Committee:

(1)

To review proposed projects for consistency with the Circulation and Infrastructure Element of the General Plan; and

(2)

To recommend to the City Council ways and means for improving transportation, transit, and circulation conditions and matters in Chapter 40 "Vehicles and Traffic"; and

(3)

To advise the City Council on matters affecting the review, study, evaluation, design, and installation of traffic control devices in compliance with the Guidelines and Warrants of the CAMUTCD.

(4)

To advise the City Council on matters affecting accessibility, parking, and transportation modes, including pedestrian, bicycle, and automobiles on all public rights-of-way and paths within the City limits; and

(5)

To perform the duties and functions prescribed in Chapter 44, including reviewing, making recommendations, or making determinations on applications for development projects in compliance with Table IV-1;

(6)

To advise the City Council and perform such advisory duties and functions relating to planning, land use, transportation and circulation issues as the City Council may direct; and

(7)

The Development and Circulation Committee shall also serve as the board of appeals related to disputes concerning the building standards code.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2017-01, § 4, 3-7-2017)

Editor's note— Ord. No. 2017-01, § 4, adopted March 7, 2017, amended § 44-480 to read as set out herein. Previously § 44-480 was titled "Development committee."

Sec. 44-481. - Special permit committee.

(a)

Membership. A representative of each City department shall comprise a Special Permit Committee to investigate, conduct meetings to issue certain special permits, and consider the revocation or extension of special permits.

(b)

Duties and authority. The Special Permit Committee shall perform the duties and functions prescribed in this chapter, including making determinations on applications for special permits in compliance with Table IV-1.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-482. - Special permit subcommittee.

(a)

Membership. The Special Permit Committee Subcommittee shall be composed of three members. The members shall include the City Manager, the Community Development Director, and a representative from the Police Department.

(b)

Duties and authority. The Special Permit Subcommittee shall perform the duties and functions prescribed in this chapter, including making determinations on applications for special permits in compliance with Table IV-1.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-483. - City manager.

The City Manager shall perform the duties and functions prescribed in this chapter, including reviewing, making recommendations, or making determinations on applications for development projects in compliance with Table IV-1.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-484. - Community development director.

The Community Development Director shall perform the duties and functions prescribed in this chapter, including reviewing, making recommendations, or making determinations on applications for development projects in compliance with Table IV-1.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-485. - Authority for land use and zoning decisions.

Table IV-1 identifies the City official or authority responsible for reviewing and making decisions on each type of application or land use entitlement required by this chapter.

TABLE IV-1. REVIEW AUTHORITY
Type of entitlement
or decision
Section of
Development
Code
Community
Development
Director
Development
Committee
City Council Special Permit
Committee
Artificial turf permit 44-335 Decision Appeal N/A N/A
Conditional use permits 44-849 Recommend N/A Decision/
appeal
N/A
Conditional use permits, minor 44-849 Decision N/A Appeal N/A
Development agreements N/A Recommend N/A Decision N/A
Development Code
amendments
44-666 Recommend N/A Decision/
appeal
N/A
General plan amendments 44-666 Recommend N/A Decision/
appeal
N/A
Interpretations 44-4 Decision N/A Appeal N/A
Outdoor display and seating
permit
44-1137 Decision Appeal Appeal N/A
Precise plan 44-784 Recommend Recommend Decision/
appeal
N/A
Precise plan, minor 44-783 Decision Appeal Appeal N/A
Precise plan, amendment Decision Appeal Appeal N/A
Amendment 44-824 Recommend Decision Appeal N/A
Single family residential
duplexes
44-823 Decision N/A N/A N/A
Urban lot splits 44-1257 Refer to 44-1257 (City Engineer)
Specific plans 44-1071 Recommend Recommend Decision/
appeal
N/A
Temporary use permits 44-1006 Decision N/A Appeal N/A
Variances 44-1038 Recommend Recommend Decision/
appeal
N/A
Minor exceptions 44-1038 Decision Appeal N/A N/A
Zoning map amendments 44-666 Recommend N/A Decision/
appeal
N/A
Sign permits and master sign plan 44-875 Refer to 44-487 (sign review authority)
Reasonable accommodation 44-1157 Decision N/A Appeal N/A
Electric vehicle charging
station
44-367 Refer to 44-367 (Building
Official)
N/A Appeal N/A

 

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 21, 5-3-2016; Ord. No. 2022-01, § 18, 5-3-2022; Ord. No. 2023-02, § 8, 2-7-2023; Ord. No. 2024-04, § 4, 12-10-2024)

Sec. 44-486. - Special permit review authority.

Table IV-2 identifies the City official or authority responsible for reviewing and making decisions on each type of special permit application as required by this chapter.

TABLE IV-2. SPECIAL PERMIT REVIEW AUTHORITY
Type of Special Permit Special
Permit
Committee
Special Permit Subcommittee City Manager City Council
Block parties N/A N/A Decision Appeal
Community events Decision N/A N/A Appeal
Filming Decision N/A N/A Appeal
Special business N/A Decision N/A Appeal
Short-term rental special
business permit
N/A Decision N/A Appeal

 

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2022-06, § 10, 8-2-2022)

Sec. 44-487. - Sign review authority.

Table IV-3 identifies the City official or authority responsible for reviewing and making decisions on each type of sign application as required by this chapter.

TABLE IV-3. SIGN REVIEW AUTHORITY
Type of sign Approval Appeal
Building-mounted Community Development Department Development and
Circulation Committee
Monument Community Development Department Development and
Circulation Committee
Electronic monument (1) City Council
On-site directional Community Development Department Development and
Circulation Committee
Window Community Development Department Development and
Circulation Committee
Flag poles Community Development Department Development and
Circulation Committee
Master sign plan Development and
Circulation Committee
City Council
Master sign plan, not to exceed two signs Community Development Department Development and Circulation Committee
Master sign plan, amendment Community Development Department Development and Circulation Committee
Temporary sign on non-residential property Community Development Department Development and
Circulation Committee

 

* N/A—Not applicable

(1)

Electronic monument signs are allowed in the public/institutional zoning district only and are subject to a precise plan permit. The bodies with decision making and appeal authority for a precise plan permit are identified in table IV-1 in section 44-485, and the decision-making body will consider applications based upon recommendations of both the Community Development Department and the Development and Circulation Committee.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 22, 5-3-2016; Ord. No. 2021-03, § 6, 12-7-2021; Ord. No. 2024-04, § 4, 12-10-2024)

Sec. 44-488. - Public hearings required.

(a)

The Development Committee and City Council, where identified as having review or appeal authority in Table IV-1, shall hold a public hearing prior to considering, reviewing, and/or taking action on any of the following entitlements:

(1)

Conditional use permits.

(2)

Precise plans and precise plan amendments.

(3)

Variances.

(4)

Specific plans.

(b)

All public hearings shall comply with the notification and procedural requirements in Section 44-518.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 23, 5-3-2016)

Sec. 44-489. - Specific plan initiation.

Adoption of a new specific plan or an amendment to an existing specific plan may be initiated in the following manner:

(1)

Council. The City Council may initiate the preparation of a specific plan.

(2)

Property owner. The property owner or the authorized agent, or an affected party, may file an application for a specific plan. If the property for which a specific plan or specific plan amendment is proposed has more than one owner, all of the owners or their authorized agents shall join in filing the application.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-517. - Purpose.

This division provides procedures for scheduling and conducting public hearings before the Development Committee and City Council. When a public hearing is required by this Development Code, public notice shall be given and the hearing shall be conducted in compliance with this division.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 24, 5-3-2016)

Sec. 44-518. - Notice of public hearing.

Notice of the time and place of public hearings shall be given in accordance with State law.

(1)

Notice of a public hearing shall be posted at City hall, the public library, Community Center, and when applicable in front of the subject property.

(2)

Additional requirements for drive-through facilities. In accordance with Government Code § 65090, whenever a local agency considers the adoption or amendment of policies or ordinances affecting drive-through facilities, the local agency shall incorporate, where necessary, notice procedures to the blind, aged, and disabled communities in order to facilitate their participation. Access restrictions to commercial establishments affecting the blind, aged, and disabled is a critical statewide problem.

(3)

Additional requirements for subdivision approvals. In accordance with Government Code § 65091, any notice relating to an approval governed by the Subdivision Map Act, Government Code § 66410 et seq., or Article VI of this chapter shall also be given to any owner of a mineral right pertaining to the subject real property who has recorded a notice of intent to preserve the mineral right pursuant to Civil Code § 883.230.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-519. - Content of notice.

Notices shall contain the following information:

(1)

The required description of the property under consideration, which shall use either a street address, a legal description, or other method that substantially identifies the property.

(2)

The purpose or nature of the application or public hearing.

(3)

The time, place, and the review body for the public hearing.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-520. - Continuance.

If for any reason the public hearing is to be continued beyond the day set, the public hearing may be continued; such continuance shall not be subject to the notice requirements set forth in Section 44-518.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-521. - Summary of testimony.

A summary of all pertinent testimony offered at a public hearing and the names of persons testifying shall be condensed in writing and made a part of the permanent files of the case.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-522. - Notice of decision.

Following the rendering of a decision on an application, a copy of the decision shall be mailed to the applicant and any other person who has made a written request for a copy of the decision.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-553. - Authority.

Any decision made by an approval authority designated in Section 44-485, Table IV-1, Section 44-486, Table IV-2, or Section 44-487, Table IV-3 may be appealed pursuant to the procedures established in this division. The appeal authority shall be that person or body designated in the appropriate review authority table referenced herein.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-554. - Form and content.

The appellant shall state in writing the specific reasons for the basis of the appeal. Only those items raised in the written appeal shall be considered by the appeal authority. Appeal applications shall include the required fee.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-555. - Status of original decision.

From the time that the appeal is filed until such time that the appeal is decided upon by the appeal authority, the entire original decision shall be suspended and no action on the application or permit shall be taken by the applicant or the City until such time that the appeal is resolved. Once the appeal is resolved, all elements of the original decision, excluding those items raised in the appeal, shall be in effect.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-556. - Time period for appeal.

The appeal shall be filed with the City Clerk within 15 calendar days following the date of the decision by the appropriate review authority.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-557. - Progression of appeals.

(a)

When more than one body is designated as having appeal authority in a subject review authority table, the appeal shall be presented to the bodies in the following order:

(1)

Community Development Director.

(2)

Development Committee.

(3)

City Council.

(b)

The appeal process may continue until the matter is resolved or is abandoned by the appellant or until all appeal options have been exhausted. Only those appeal bodies listed in a subject review authority table for a given action shall be included in the appeal progression for that action.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 25, 5-3-2016)

Sec. 44-578. - Purpose.

This division provides requirements for the implementation of the permits and entitlements specified by this chapter, including time limits and procedures for granting extensions of time.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-579. - Expiration of permit/entitlement.

Unless otherwise specified, permits and entitlements not subject to the Subdivision Map Act shall comply with the following provisions:

(1)

The applicant for a permit shall file a written acceptance of the terms and conditions imposed by the permit with the Community Development Director within 15 days of the issuance of the permit.

(2)

The applicant must agree to indemnify the City for all costs, including any legal fees and court costs, which may result from a challenge to the issuance of the permit/entitlement.

(3)

The permit/entitlement shall expire and be of no further force or effect if:

a.

The permit is not established within 180 days of the permit's effective date or such other time period designated by the permit's approval, by State law or by this Code.

b.

After establishment, the use or activity for which the permit was approved is discontinued or abandoned for a period of one year.

(4)

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

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-580. - Time extensions.

An extension of a permit or entitlement shall be subject to the following provisions:

(1)

Written request. The applicant shall file a written request for an extension of time prior to the expiration of the permit/entitlement, together with the filing fee required.

(2)

Decision on request for extension. Upon showing good cause, the request for a time extension may be approved, approved with modifications, or disapproved by the original approval authority. This decision may be appealed to the City Council.

(3)

Limits on extensions. The maximum number of years that a permit/entitlement may be extended may not exceed a total of three additional years beyond the expiration date of the original approval. Extensions shall be limited to one-year increments.

(4)

Criteria for granting an extension. An extension of the approval of a permit/entitlement may be granted only if it is found that there have been no significant changes in the general plan, applicable specific plans, this chapter, this Code, or the character of the area surrounding the subject property that would cause the approved permit/entitlement to be injurious to the public convenience, health, safety, or general welfare.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-609. - Purpose.

The purpose of this division is to provide a process for revoking or modifying permits, in order to protect the public convenience, health, safety, and general welfare, as well as the rights to due process of permit holders within the City. In order to ensure the protection of the greater public interest and to enforce the provisions of this chapter, it may become necessary to revoke or modify a previously approved permit or entitlement.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-610. - Authority.

The original approval body is authorized to revoke or modify a permit or the entitlement following a public hearing in compliance with Division 2 of this article.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-611. - Initiation.

Revocation or modification of a permit may be initiated by a vote of the City Council, or the original approval authority based on reasonable evidence demonstrating one of the findings listed in Section 44-612.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-612. - Findings.

A permit or entitlement may be revoked or modified if any one of the following findings of fact can be made:

(1)

The use for which the approval was granted has been exercised so as to be detrimental to the public health or safety, or to constitute a nuisance.

(2)

The approval was obtained by fraud.

(3)

The use for which such approval is granted is not being exercised within the time specified.

(4)

The use for which approval was granted has ceased to exist or has been suspended for one year or more.

(5)

The permit as granted is being or recently has been exercised contrary to the terms and conditions of approval or in violation of a statute, ordinance, law, or regulation.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-613. - Actions.

At the conclusion of the public hearing, the original approval body may revoke or modify the subject permit.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-614. - Appeal.

The decision to revoke or modify a permit may be appealed to the City Council, subject to Division 3 of this article. The subsequent decision by the City Council shall be final.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-632. - Purpose.

This division provides procedures to ensure compliance with the requirements of this chapter. Enforcement of these provisions and any approvals granted by the City shall be diligently pursued in order to provide for effective administration, ensure compliance with any conditions of approval, promote the City's planning efforts, and protect the public convenience, health, safety, and general welfare.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-633. - Responsibility for enforcement.

The Community Development Director shall be responsible for monitoring and enforcing the conditions and standards imposed on all land use permits, entitlements, licenses, maps, and approvals granted by the City. The enforcement shall include the right to inspect properties and structures to ensure adequate compliance with the standards of this chapter. The Police Department, a peace officer, or code enforcement officials may issue citations to enforce this section.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-634. - Violations.

(a)

Any use, structure, or property which is altered, enlarged, erected, established, maintained, moved, or operated, contrary to the provisions of this chapter and/or other related ordinances of the City, or any applicable condition of approval, is hereby declared to be unlawful and a public nuisance, and shall be subject to the remedies and penalties specified in this Code, including this division. The term "public nuisance" does not include legal nonconforming uses provided under Section 44-706.

(b)

A violation of any provision of this chapter shall be subject to enforcement under Article XI.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-635. - Remedies are cumulative.

(a)

Cumulative, not exclusive. All remedies contained in this chapter for the handling of violations or enforcement of the provisions of this chapter and other related ordinances of the City shall be cumulative and not exclusive of any other applicable provisions of City, County, State, or federal law.

(b)

Other remedies. If a person is found guilty and convicted of an infraction or misdemeanor for the violation of any provision of this Code, the conviction shall not prevent the City from pursuing any other available remedies to correct the violation.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-636. - Initial enforcement action.

This section describes the procedures for initiating enforcement action in cases where it has been determined that property within the City is being used, maintained, or allowed to exist in violation of the provisions of this chapter or other related ordinances of the City.

(1)

Notice to responsible parties. The City shall provide the record owner of the subject site and any person in possession or control of the site (referred to as the responsible party) with a written notice. The Community Development Director shall send a notice by either personal delivery or United States mail to the last known address of the responsible party, specifying the existence of the violation. The notice shall include the following information:

a.

A description of the property by street address, parcel number, or other reference sufficient to identify the property.

b.

A description of the violations that exist on the property.

c.

Reference to the specific legal authority under which the enforcement action is being taken.

d.

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

e.

A statement outlining the penalties for violating the provisions of this Code.

f.

A statement that the City intends to charge the property owner for all enforcement and administrative costs associated with the abatement of the violation, in compliance with Section 44-638 and/or initiate legal action as described in Section 44-637.

g.

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

h.

Other information that the City deems pertinent to obtain compliance.

(2)

Time limit for correction.

a.

The specific time period for correcting the violations shall be determined by the Community Development Director and shall be based on the severity of its impact upon the community and surrounding properties and the amount of time and expense estimated to be necessary to correct the violation.

b.

The written notice shall state that the violation shall be corrected within the specified number of days from the date of the notice to avoid further enforcement action by the City, unless the responsible party contacts the Community Development Director within the specified time to arrange for a longer period for correction.

c.

The Community Development Director may approve a time extension where it is determined that the responsible party would likely correct the violation within a reasonable time.

d.

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

(3)

Use of other enforcement procedures. The enforcement procedures of Section 44-637 may be employed by the Community Development Director after or instead of the provisions of this section where the Community Development Director determines that this section would be ineffective in securing the correction of the condition/violation within a designated/reasonable period of time.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-637. - Legal remedies.

In order to enforce the regulations and standards of this chapter, the City may choose to undertake legal actions as prescribed in Section 2-350 through 2-352.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-638. - Recovery of costs.

This section establishes procedures for the recovery of administrative costs (e.g., staff, legal, etc.), including staff time expended in the enforcement of the provisions of this chapter and other related ordinances of the City, in cases where no entitlements are required to correct a violation. The intent of this section is to recover City administrative and legal costs reasonably related to the required enforcement actions.

(1)

Record of costs.

a.

The Community Development Director shall maintain records of all administrative costs, incurred by responsible City departments, associated with the processing of violations and enforcement of the Code, and shall recover the costs from the property owner, in compliance with this section.

b.

Staff time shall be calculated at an hourly rate as established and revised from time to time by resolution of the City Council.

(2)

Summary of costs and notice.

a.

At the conclusion of the case, the Community Development Director shall send a summary of costs associated with enforcement to the responsible party by United States mail. The summary shall include a notice, in a form approved by the City Attorney, advising the responsible party of their right to request a hearing on the charges for City cost recovery within ten days of the date of the notice, and that if no request for hearing is filed, the responsible party shall be liable for the charges.

b.

In the event that no request for hearing is filed or, after a hearing, the responsible party shall be liable to the City in the amount stated in the summary or any lesser amount determined by the City Manager.

(3)

Request for hearing on costs. A responsible party who receives a summary of the costs shall have the right to a hearing before the City Council on any objections to the charges.

a.

A request for hearing shall be filed with the City within ten days following the date of mailing the summary of costs.

b.

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

c.

In determining the validity of the costs, the City Council shall consider whether total costs are reasonable and necessary in the circumstances of the case.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-665. - Purpose.

The purpose of this division is to provide procedures for the amendment of the general plan, the zoning map, and this chapter, whenever required by public convenience, health, safety, and general welfare. In addition, State law (Government Code § 65400 et seq.) requires that the general plan be periodically updated.

(Ord. No. 2015-01, § 3, 5-5-2015)

State Law reference— Duties of local planning agency to periodically update general plan, Government Code § 65400 et seq.

Sec. 44-666. - Authority.

Authority for the approval of amendments to the general plan, the zoning map, and this Development Code shall be vested in the City Council. The Community Development Director shall provide written recommendations to the City Council regarding the amendments.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 26, 5-3-2016)

Sec. 44-667. - Hearing required.

A public hearing in compliance with Division 2 of this article shall be required.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-668. - Amendments requiring general plan amendment.

Amendments to zoning district designations or text of this chapter that are not consistent with the adopted general plan shall be accompanied by a general plan amendment application.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-669. - Method of adoption.

(a)

General plan. Amendments to the general plan shall be adopted by resolution of the City Council.

(b)

Zoning map and this chapter. Amendments to the zoning map or this chapter shall be adopted by ordinance.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-670. - General plan consistency.

The City Council may amend all or part of the general plan, or any element thereof. Zoning districts, specific plans, and other plans of the City that are applicable to the same area or matter affected by the general plan amendment shall be reviewed and amended concurrently as necessary to ensure consistency with the general plan.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-671. - City council action on amendments.

Upon receipt of the Community Development Director's recommendation, the City Council shall approve, approve in modified form, or disapprove the proposed amendment based on the findings contained in section 44-672.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 27, 5-3-2016)

State Law reference— Procedure for modification of proposal or amendment to zoning ordinance by legislative body not previously considered by the Planning Commission, Government Code § 65857.

Sec. 44-672. - Findings for amendments.

An amendment to the general plan, zoning map, or this chapter may be approved only if all the following findings can be made. It is the responsibility of the applicant to establish evidence in support of the required findings.

(1)

Mandatory required findings for all amendments. The following shall be required for all amendments to the general plan, zoning map, and this chapter:

a.

The proposed amendment is consistent with all of the applicable objectives, policies, general land uses, programs, and actions of all applicable elements in the general plan.

b.

The proposed amendment shall not be detrimental to the public convenience, health, safety, or general welfare of the City.

c.

The proposed amendment is in compliance with the provisions of the California Environmental Quality Act (CEQA).

(2)

Additional required finding for zoning map amendments. The site is physically suitable, including access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints, for the requested zoning designation and anticipated land use development.

(3)

Additional required finding for this chapter amendments. The proposed amendment is internally consistent with other applicable provisions of this chapter.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-673. - Limits on general plan amendments.

Except as otherwise provided in State law, no mandatory element of the general plan shall be amended more frequently than four times during a calendar year. Each amendment may include more than one change to the general plan.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-705. - Purpose.

Within the zoning districts established by this chapter, there exist land uses, structures, and lots that were lawful and in compliance with existing standards at the time they were established, constructed, or formed, but that are now prohibited, regulated, or restricted differently under the requirements of this chapter. This division establishes uniform provisions for the regulation of these legal nonconforming land uses, structures, and lots.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2022-06, § 9, 8-2-2022; Ord. No. 2023-02, § 9, 2-7-2023)

Sec. 44-706. - Restrictions on nonconforming uses and structures.

(a)

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

(b)

Nonconforming structures. A nonconforming structure may undergo normal/necessary maintenance and repairs, provided no additions or structural alterations are made. The term "maintenance and repairs" as used in this section shall include roof repair and replacement, removal of a non-bearing wall, window replacement/repair, painting, garage door replacement, electric vehicle charging stations and any associated equipment, and other types of similar activities.

(c)

Except for the activity described in subsection (b), an alteration and/or expansion of a nonconforming structure or use may only be undertaken if the alteration/expansion is performed in compliance with all applicable land use regulations and procedures in existence at the time of the alteration or expansion.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2022-06, § 9, 8-2-2022; Ord. No. 2023-02, § 9, 2-7-2023)

Sec. 44-707. - Loss of nonconforming status.

(a)

Termination by discontinuance. If a nonconforming use of land or a nonconforming use of a conforming structure is discontinued for a period of at least 180 consecutive days or a total of 12 nonconsecutive months, rights to a legal nonconforming status shall be terminated, regardless of the owner's intention to abandon.

(b)

Termination by destruction.

(1)

If a nonconforming structure or a conforming structure used for a nonconforming use is damaged, destroyed, or demolished, the right to continue occupancy of the nonconforming structure or to continue the nonconforming use shall cease.

(2)

If the cost of repairing or replacing the damaged portion of the structure does not exceed 50 percent of the current appraised value of the structure, as shown in the County Assessor's records or established by a State licensed appraiser, the structure may be restored and the use continued if the restoration is started within six months of the date of damage or destruction and is diligently pursued to completion.

(c)

Residential unit exemptions. Nonconforming single-family and multiple-family residential dwelling units damaged or destroyed due to a catastrophic event, including damage by fire, may be reconstructed or replaced with a new structure using the same development standards applied to the damaged or destroyed structure and at the same densities that existed prior to the catastrophic event. The new construction shall comply with the current building and fire code requirements.

(d)

Electric vehicle charging exemptions. If an electric vehicle charging station or stations and any associated equipment interfere with, reduce, eliminate, or in any way impact the municipal Code required parking spaces for new and existing uses, the number of required parking spaces for the existing uses shall be automatically reduced by the amount necessary to accommodate the electric vehicle charging station(s) and any associated equipment.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2022-06, § 9, 8-2-2022; Ord. No. 2023-02, § 9, 2-7-2023)