(2022-338, 04/06/2022) 

The purpose of this chapter is to establish the general requirements of this Title for the review and approval of proposed development and new land uses in the City.

Effective on: 1/1/1901

Except as otherwise provided in this Title, all uses and structures shall be established, maintained, constructed, reconstructed, altered, or replaced in compliance with the following requirements:

1. Allowed Uses. The use of land shall be consistent with the allowed use regulations as follows:
   1. Permanent uses. Chapter 9.155 (Agricultural and Rural Zones) through Chapter 9.180 (Public/Quasi-Public Facilities) lists the allowed uses and permit requirements for various land uses in each of the City’s base zones and overlay zones.
   2. Temporary uses. Temporary uses must comply with the requirements of Chapter 9.105 (Temporary Uses).
2. Permit and Approval Requirements.
   1. No use that requires a permit or approval of any kind under the provisions of this Title shall be established or operated until the permit or approval is finally granted and all required conditions of the permit or approval have been completed.
   2. No use that requires a permit or approval of any kind under the provisions of this Title shall be established or operated in violation of, or contrary to, any of the terms and conditions of the granted permit or approval.
3. Development Standards. All uses and structures must comply with the development standards described in this Title. In addition:
   1. No structure shall be erected, maintained, converted, reconstructed, or structurally altered, nor shall any land be used for any purpose if such structure or use is not allowed in the zone in which the structure or land is located.
   2. No structure shall be erected, maintained, reconstructed, or structurally altered to exceed the height or envelope or setback limit for the zone in which the structure is located, unless specifically approved in accordance with the provisions of this Title.
   3. No lot area shall be reduced or diminished to such an extent that the yard(s) or other open space(s) will be smaller than required by this Title, unless specifically approved in accordance with the provisions of this Title.
   4. Every structure shall be located on a lot as defined by this Title.
4. Conditions of Approval. The use of land and the construction of structures authorized by permits or approvals granted by the City in accordance with the procedures provided by this Title shall comply with any applicable conditions of approval imposed by the designated approving authority in granting the permit or approval, including any permit or approval that was granted prior to the effective date of this Title or any amendments thereto.
5. Legal Parcel. The use of land or the construction of a new structure shall only be permitted on parcels that have been legally created in compliance with Title 7 (Subdivisions) and the Subdivision Map Act as determined by the City Engineer. Legal nonconforming parcels may be used or developed in compliance with Chapter 9.15 (Nonconforming Uses and Structures).

Effective on: 1/1/1901

No use of land or buildings for which an application or approval is required pursuant to this Title is to be approved for processing under this Title unless it is consistent with the General Plan. In the event of any conflict between this Title and the General Plan, the General Plan shall prevail. In the event that this Title becomes inconsistent with the General Plan by reason of an amendment there to or an element thereof, this Title shall be amended within a reasonable time so that it is consistent with the General Plan as amended. A proposed use is consistent with the General Plan when all of the following conditions exist:

1. The proposed use is in conformance with the programs and standards of the General Plan.
2. The proposed use is to be established and maintained in a manner that is consistent with the General Plan and all applicable standards contained therein.

Effective on: 1/1/1901

1. The Community Development Director may approve minor changes to a previously approved permit at the administrative level if the proposed changes are in substantial conformance with the existing permit and would not require any additional environmental analysis. Such proposed changes shall not significantly affect the design, intensity or intent of the approved project or reduce any requirement intended to mitigate an environmental effect, alter any public improvement or facility or conditions for which other properties or developments may rely, nor have an adverse effect upon public health, safety, or welfare.
2. A substantial conformance determination may include:
   1. Structural additions to non-residential projects of less than 200 square feet. Square footage shall be the aggregate of all proposed structures.
   2. Structural additions or alterations to existing residential projects that add no additional units.
   3. Changes to parking and circulation configurations which do not change the basic parking areas or circulation concept or reduce the number of parking spaces.
   4. Landscape modifications which do not alter the general concept or reduce the effective amount of landscaping.
   5. Non-substantial changes to building configurations or layouts.
   6. Architectural or exterior material or color changes which do not change the basic form and theme of an existing building, do not change the location of windows or doors, or conflict with the original architectural form and theme of an existing building.
   7. Other requests similar to the above-listed changes, as determined by the Director.
3. No notice of decision is required for determinations of substantial conformance.

Effective on: 1/1/1901

The establishment, operation, construction or development of uses, properties and structures shall be subject to all permitting and licensing requirements imposed by other sections of this Municipal Code or applicable local, state or federal laws. All applicable permits, licenses or other approvals including, without limitation, use, building, grading or other construction permits and business licenses shall be obtained prior to the start of work or operations. This specifically includes building, grading or other construction permits and business licenses, and permits or approvals of the responsible public agencies and service districts. Nothing in this Title eliminates the need for obtaining any other permits required by the City or any permit, approval, or entitlement required by the regulations of any county, regional, special district, state, or federal agency.

Effective on: 1/1/1901

City officials are authorized to perform inspections related to permit issuance and other approvals made in accordance with this Title as follows:

1. Pre-approval Inspections. Every applicant seeking a permit or any other approval in compliance with this Title shall allow the City officials handling the application access to any premises or property that is the subject of the application. Reasonable notice shall be provided in advance of a pre-approval inspection by the City.
2. Post-approval Inspections. If the permit or other action in compliance with this Title is approved, the owner or applicant shall allow authorized City officials access to the premises in order to determine compliance with the approved permit and/or any conditions of approval imposed on the permit or approval action.

Effective on: 1/1/1901

The purpose of this chapter is to establish procedures necessary for the efficient processing of land use and development applications, permits and other approvals. These common procedures apply to all permits and approvals described in this Title, unless stated otherwise.

Effective on: 1/1/1901

1. All applications for a permit or approval, as identified in this Title, must be submitted in writing to the Community Development Department on a completed City application designated for the specific request.
2. Minimum submittal requirements shall be established by the Community Development Director and are listed on the application checklist. Additional information specific to the permit or approval and necessary for the complete analysis of an application may be required by the Director. All required material, information and fees shall be provided by the applicant before the application is accepted for processing.
3. No application shall be considered complete for acceptance and processing until the required application fees are paid in full. Applications initiated by the City shall not require an application fee.

Effective on: 1/1/1901

1. Purpose. The purpose of the pre-application review is to advise prospective applicants of current City standards and requirements, to assess whether a proposal is consistent with such standards before the applicant expends large sums of money, inform applicants of applicable requirements and thus potentially shorten the processing time for applications, and encourage designs which are sensitive to the City's environmental and development priorities.
2. Applicability. The pre-application review process is optional and is not required prior to submittal of a formal application. A prospective applicant may request a pre-application review for any potential project.
3. Request. A pre-application review request shall be made in writing to the Community Development Director on forms provided for that purpose. All requests must be accompanied by the applicable filing fee.
4. Exemption from Permit Streamlining Act. Pre-application review is not subject to the requirements of the California Permit Streamlining Act (the "Act"). An application that is undergoing pre-application review shall not be considered complete pursuant to the requirements of the Act unless and until the Director has received an application for approval of a development project, reviewed it, and determined it to be complete under Section 9.30.060 (Determination of Completeness). Requests for pre-application review shall not constitute submission and receipt by the City of a development application.
5. Recommendations are Advisory. Neither the pre-application review nor the provision of information shall be construed as a recommendation for approval or denial of the potential development proposal by City representatives.  Any recommendations that result from pre-application review are considered advisory only and shall not be binding on either the applicant or the City.  During the formal review of applications, additional information, applications, etc., may be required.

Effective on: 1/1/1901

Applications may be initiated by any interested party, the Community Development Director, Planning Commission or City Council, except that for any application proposing the specific use or development of land, such application shall only be initiated by either of the following:

1. Property owners or all contract purchasers of a subject property, or any person authorized in writing to act as an agent of the owner or contract purchasers.
2. Public agencies or utilities that have statutory rights of eminent domain for projects they have the authority to construct.

Effective on: 1/1/1901

1. Request. The Director may withdraw any application upon written request by the applicant or authorized agent representative prior to the final determination on the application.
2. Notice of Withdrawal. The Director shall mail a notice of withdrawal to the applicant within three business days to notify the applicant that the application has been withdrawn and that all processing of the application has been terminated. A copy of the notice shall be placed in the project file. If the applicant subsequently wishes to pursue the project, a new application, including fees, plans, exhibits and other materials must then be filed in compliance with the Chapter.
3. Fees Partially Refunded. Partial refunds of permit fees collected by the City may be granted, at the discretion of the Community Development Director only if, prior to staff making a determination or recommendation on the application, the applicant submits a written request to withdraw the application.

Effective on: 1/1/1901

1. Application Completeness. The formal processing of an application shall begin on the date the application is deemed complete. The statutory period of 30 days, established by state law for determining completeness (California Government Code Section 65943 [Permit Streamlining Act]), shall begin the day the application is accepted by the Community Development Department.
2. Initial Determination. Within 30 days of application acceptance, the Director shall determine whether the application is complete. The Director shall notify the applicant in writing that one of the determinations has been made:
   1. Complete Application. All submittal requirements have been satisfied and the application has been deemed complete.
   2. Incomplete Application. Specific information is still necessary to complete the application. The letter may also identify preliminary information regarding the areas in which the submitted application is not in compliance with City development standards and application requirements.
3. Determination on Resubmittal. Within 30 days of acceptance of information submitted in response to a determination of incomplete application, the Director shall determine whether the application is complete. The Director shall notify the applicant in writing that one of the determinations has been made:
   1. Complete Application. All submittal requirements have been satisfied and the application has been deemed complete.
   2. Incomplete Application. Specific information is still necessary to complete the application. The letter shall specify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application.
4. Right to Appeal. The applicant may appeal the determination in accordance with Section 9.30.100 (Appeals) and California Government Code Section 65493 (Permit Streamlining Act). A final written determination on the appeal shall be rendered not later than 60 days after receipt of the applicant’s written appeal.

Effective on: 1/1/1901

1. After acceptance of a complete application, the project shall be reviewed in accordance with the environmental review procedures of the California Environmental Quality Act (CEQA).
2. The Community Development Director may refer an application for review and comment to any other government agency and/or City department that he/she determines appropriate to ensure compliance with all provisions of the Municipal Code and other adopted policies and plans.
3. Reports for an application shall be prepared and disseminated as follows:
   1. For applications decided at the administrative level, the Director will prepare a report, including a decision to approve, conditionally approve, alter, or deny the application.
   2. For applications to be heard by the Planning Commission and/or City Council, the Director will prepare a report to the recommending authority, if applicable, and designated approving authority describing the project and may include a recommendation to approve, conditionally approve, alter, or deny the application. The report shall be provided to the applicant prior to consideration of the application, but no later than three business days prior to the hearing. The report may be amended as necessary or supplemented with additional information at any time prior to the hearing to address issues or information not reasonably known at the time the report is prepared.
4. Time Limit for Decision.
   1. The City shall comply with the following timelines for providing written documentation to an applicant if it determines that a proposed housing development project as described in Government Code Section 65589.5 is inconsistent, not in compliance, or not in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision. Such written documentation shall identify the provision or provisions, and an explanation of the reason or reasons for the determination. Written documentation shall be provided as follows:
      1. Within 30 days of the date that the application for the housing development project is determined to be complete, if the housing development project contains 150 or fewer housing units.
      2. Within 60 days of the date that the application for the housing development project is determined to be complete, if the housing development project contains more than 150 units.
   2. If the City fails to provide the required documentation pursuant to Subsection 9.30.070.D.1 the housing development project shall be deemed consistent, compliant, and in conformity with the applicable plan, program, policy, ordinance, standard, requirement, or other similar provision.

Effective on: 1/1/1901

1. Public Hearing Required. Where required pursuant to this Title, the following procedures shall govern the public notice and public hearing for a permit or other approval.
2. Notice of Public Hearing.
   1. Content. The notice of public hearing shall include the following information:
      1. Date, time and place of hearing.
      2. Identification of the reviewing or approving authority.
      3. Location of project.
      4. Project description.
      5. CEQA determination statement, if applicable.
      6. Statement related to appeals and challenges, if applicable.
      7. Information on the availability and location of staff reports and public review materials.
   2. Delivery. Pursuant to California Government Code Sections 65090 to 65094, not less than 10 days before the scheduled date of a hearing, public notice shall be given of such hearing in the manners listed below.
      1. Notice of public hearing shall be published in at least one newspaper of general circulation in the City.
      2. Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners of property within a radius of 300 feet of the exterior boundaries of the property involved in the application or to 25 property owners within a radius of up to one mile around the project, whichever is greater, as determined by the Community Development Director, using for this purpose the last known name and address of such owners as shown on the last equalized assessment roll or those names and addresses known to the City. The radius may be increased as determined to be necessary and desirable by the Director based on the nature of the proposed project. If the number of owners exceeds 1,000, the City may, in lieu of a mailed notice, provide notice by placing a notice of at least 1/3 page in one newspaper of general circulation within the City.
      3. Notice of the public hearing shall be mailed to the owner of the subject real property or the owner’s authorized agent, to the project applicant, and to each local agency expected to provide water, sewerage, streets, roads, schools or other essential facilities or services to the proposed project and whose ability to provide such facilities or services may be significantly affected.
      4. Notice of the public hearing shall be posted at City Hall.
      5. Notice of the public hearing shall be mailed to any person who has filed a written request for notice.
      6. Notice of the public hearing shall be posted on the property, which is the subject of the proposed development. Posted notices shall be informational signs measuring four feet by four feet in size. The number and location of the posted notices shall be as follows:
         1. For properties five acres or less in size, one sign per improved street frontage shall be posted on site.
         2. For properties greater than five acres in size, two signs per improved street frontage shall be posted on site.
         3. For properties that are unusually shaped or within a unique location, the Director may determine the location(s) for posted notices or require additional noticing of the proposed project.
         4. For projects that may change or intensify the existing use or zoning, the Director may require supplemental and/or larger posted notices.
      7. Notice of the public hearing shall be posted at other locations designated by the City Council.
      8. Whenever a hearing is held regarding a permit for a drive-through facility, or modification of an existing drive-through facility permit, the City shall incorporate, where necessary, notice procedures to the blind, aged, and disabled communities in order to facilitate their participation in any hearing on, or appeal of the denial of, a drive-through facility permit.
      9. For a proposed conversion of residential property to a condominium, community Apartment or stock cooperative project, such notice shall be given by first class mail to each tenant of the property, including time and place of the hearing and notice of the tenants' rights to appear and to be heard.
      10. In addition to the notice required by this section, the City may give notice of the hearing in any other manner it deems necessary or desirable.
3. Requests for Notification. Any person who requests to be on a mailing list for notice of hearing shall submit such request in writing to the City Clerk. The City may impose a reasonable fee for recovering the cost of such notification.
4. Receipt of Notice. Failure of any person or entity to receive any properly issued notice required by law for any hearing required by this Title shall not constitute grounds for any court to invalidate the actions of a designated approving authority for with the notice was given.
5. Hearing Procedure. Hearings as provided for in this chapter shall be held in accordance with the provisions of Section 2.04.020 (Council Meetings; Rules of Order and Decorum), Section 2.20.120 (Conduct of Planning Commission Hearings) and the following provisions. In the event of a conflict between the provisions of Title 2 and this section, the provisions of Title 2 shall apply.
   1. Hearings shall be held at the date, time and place for which notice has been given as required in this chapter. The recommending authority and approving authority shall conduct the public hearing and hear testimony from interested persons.
   2. Any hearing may be continued to a certain date, time, and place with no additional notice required. The continuance may occur either before the item is heard (if no one is present to testify or all those present consent to the continuance) or after testimony has been taken and before the completion of the hearing.
   3. If the hearing is not continued to a date, time, or place certain, the hearing shall be re-noticed.
6. Time Limit for Decision. Within 35 days after the conclusion of a public hearing, a decision on the matter shall be rendered by the approving authority. The failure to render such a decision shall be deemed to constitute a denial.
7. Notice of Decision. Written notice of decision of the approval authority shall be provided to the applicant and all parties requesting such notification. Notices of decision are not required for actions of a recommending body. The notice of decision shall be provided as follows:
   1. Planning Commission Determination. In addition to the provisions of Section 2.20.130 (Planning Commission Decisions and Findings), a written notice of decision shall be mailed within 3 business days of the date of decision and shall include:
      1. The application request as acted upon by the Planning Commission.
      2. Any conditions of approval or other requirements applied to the decision.
      3. The action taken by the Planning Commission.
      4. The deadlines, criteria and fees for filing an appeal.
   2. City Council Determination. The provisions of Section 2.20.170 (City Council Decision and Findings) shall apply.

Effective on: 1/1/1901

1. A.
   Recommending Authority. The recommending authority as designated in Table 9.30.090-1 (Designated Authority for Permits and Approvals) shall hear and make recommendations on the proposed land use or development permit or approval in accordance with the requirements of this Title.
2. B.
   Approving Authority. The approving authority as designated in Table 9.30.090-1 (Designated Authority for Permits and Approvals) shall approve, conditionally approve or deny the proposed land use or development permit or approval in accordance with the requirements of this Title. Generally, the Director and his/her designee will make non-discretionary and discretionary decisions at the administrative level, the Planning Commission will make discretionary decisions, and the City Council will make the legislative decisions. In acting on a permit, the approving authority decision may be appealed pursuant to procedures set forth in Section 9.30.100 (Appeals).

3. C.
   Multiple Entitlements. When a proposed project requires more than one permit or approval with more than one approving authority all project permits and approvals shall be processed concurrently and final action shall be taken by the highest-level designated authority for all such requested permits and approvals.
4. D.
   Referral to the Planning Commission. At any point in the review process, the Director may transfer approving authority to the Planning Commission at his/her discretion because of policy implications, unique or unusual circumstances, or the magnitude of the project. Decisions referred to the Planning Commission shall be considered at a noticed public hearing. Public notice shall be provided and a public hearing conducted pursuant to Section 9.30.080 (Public Hearing and Public Notice). A referral to the Planning Commission is not an appeal and requires no appeal application or fee.
5. E.
   Referral to the City Council. At any point during the Planning Commission hearing, the Planning Commission may, by simple majority, transfer approving authority to the City Council because of policy implications, unique or unusual circumstances, or the magnitude of the project. Decisions referred to the City Council shall be considered at a noticed public hearing. Public notice shall be provided and a public hearing conducted pursuant to Section 9.30.080 (Public Hearing and Public Notice). A referral to the City Council is not an appeal and requires no appeal application or fee.
6. F.
   City Council Referral back to Planning Commission. The City Council may refer any matter (including, but not limited to, those appealed to it) back to the Planning Commission in accordance with the provisions of Section 2.20.160 (City Council Referral Back to Planning Commission).

(2022-338, 04/06/2022; 2024-384, 02/07/2024; 2025-417, 07/16/2025) 

Effective on: 8/16/2025

1. Appeal Authority. Any discretionary action of the Director or Planning Commission made pursuant to this Title may be appealed to the designated appeal authority listed in Table 9.30.100-1 (Appeal Authority). Non-discretionary decisions by the Director may not be appealed. Actions taken by the Planning Commission in exercise of its appeal authority may be further appealed to the City Council. Decisions by the City Council are final and may not be appealed.

2. Appeal Procedures. The provisions of Section 2.20.150 (Appeal Procedures) shall apply.

Effective on: 1/1/1901

1. Time Limits. Any permit not exercised within the specified time limit from the date of approval shall expire and become void, except where an extension of time is approved pursuant to this Section.
2. Exercising Permits. The exercise of a permit occurs when the property owner has performed substantial work and incurred substantial liabilities in good faith reliance upon such permit(s), as determined by the Director. A permit may be otherwise exercised pursuant to a condition of the permit or corresponding legal agreement that specifies that other substantial efforts or expenditures constitutes exercise of the permit. Following are the criteria for determining if a permit has been exercised and therefore would not expire:
   1. A building permit is issued, construction commenced on the primary building on site.
   2. A certificate of occupancy is issued for the use or structure.
   3. The site is occupied in accordance with the approved permit.
   4. The site is occupied in accordance with an approved phase of a phased development and development has been diligently pursued for future phases of an approved permit.
   5. An extension of time is approved in accordance with Subsection 9.30.110.C (Permit Extensions), if applicable.
3. Permit Extensions.
   1. Extensions of Time. The approval of an extension may extend the expiration date for the following time periods from the original permit or entitlement expiration date:
      1. Up to three years for ministerial and discretionary actions, subject to the findings of Subsection 9.30.110.C.4.a.
      2. Up to ten years for plot plans permitting commercial and/or industrial uses, subject to the findings of Subsection 9.30.110.C.4.b.
   2. Process. Extension of time requests for projects shall be considered if submitted in writing to the Community Development Director at least 30 days prior to the expiration date of the permit or approval, along with the appropriate fees. The Community Development Director shall be the approving authority for extension requests, except for extension requests pursuant to Subsection 9.30.110.C.1.b, in which case the Planning Commission shall be the approving authority for such extension requests.
   3. Conditions. The permit, as extended, may be conditioned to comply with any development standards that may have been enacted since the permit was initially approved, unless the permit has vesting rights.
   4. Permit Extension Findings.
      1. The extension may be granted only when the designated approving authority finds the following:
         1. The original permit findings can still be made or there has been diligent pursuit to exercise the permit or approval that warrants such extension.
         2. There have been no significant changes in the General Plan, this Title or applicable Municipal Code requirements, or character of the area within which the project is located that would cause the approved project to become out of compliance with applicable policies and regulations and that the granting of an extension will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.
      2. The extension of plot plans for commercial and/or industrial uses beyond three years from the date of original approval may be granted only when the designated approving authority finds the following:
         1. That for reasons beyond its control, the applicant was not able to commence construction pursuant to the plot plan with the original approval period.
         2. The applicant has provided substantial evidence to demonstrate that it will be able to complete construction pursuant to the plot plan within the proposed period of extension.
         3. The applicant has demonstrated that the proposed project will provide positive economic development benefits to the City.
         4. There have been no significant changes in the General Plan, this Title or applicable Municipal Code requirements, or character of the area within which the project is located that would cause the approved project to become out of compliance with applicable policies and regulations and that the granting of an extension will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.
4. Permit Expiration.
   1. Multiple Entitlements. Notwithstanding the expiration specified for individual permit and approval types, when an approved project had more than one permit or approval processed concurrently in accordance with Subsection 9.30.090.C (Multiple Entitlements) all permit expiration dates shall be consistent. The longest permit expiration date shall apply.
   2. Expiration. If the time limits are reached with no extension requested, or a requested extension is denied or expires, the permit shall expire.
5. Permit Expiration for a Closed Business. All permits shall expire when a business or use is closed or discontinued for more than one calendar year. Approval of new permits based on current requirements shall be required prior to any business activity or use on the site.

Effective on: 1/1/1901

1. Applicability. Any person holding a permit granted under this Title may request a modification to that permit. For the purpose of this section, the modification of a previously approved permit may include amendment of the terms of the permit itself, amendment to project design, or the waiver or alteration of conditions imposed in the granting of the permit.
2. Request for Modification. An applicant may request a modification to a permit after the effective date of the permit. An application shall be made on forms provided by the Community Development Department and shall be accompanied by the applicable fee.
3. Review Process. A modification may be granted only when the designated approving authority makes all findings required for the original approval. The designated approving authority for a modification to a previously approved permit shall be determined as follows:
   1. Minor Modification. Minor modifications to a previously approved permit shall be processed as follows:
      1. Applicability. A minor modification is a non-substantive change of a previously approved permit. Minor modifications include:
         1. Structural additions to non-residential projects of more than 200 square feet and less than 2,500 square feet or 50 percent of existing square footage, whichever is less. Square footage shall be the aggregate of all proposed structures.
         2. Structural additions or alterations to existing residential projects that add no more than six units.
         3. Expansion of existing parking lots that add less than 25 parking spaces on an existing site.
         4. Modifications to parking and circulation configurations which change the basic parking areas or circulation patterns or which reduce the number of parking spaces.
         5. Landscape modifications which alter the general concept or reduce the effective amount of landscaping.
         6. Architectural or exterior material or color changes which change the basic form and theme of an existing building, such as, change the location of windows or doors, or conflict with the original architectural form and theme of an existing building.
         7. Adjustments to the standards of development established through an approved Planned Development.
         8. Other requests similar to the above-listed minor amendments, as determined by the Director.
      2. Review Process. The Director is the designated approval authority for minor modifications. No public hearing shall be required. A written notice of decision shall be issued in the same manner as the original permit. Minor modifications of discretionary permits may be appealed.
   2. Major Modifications. Major modifications to a previously approved permit shall be processed as follows:
      1. Applicability. A major modification is a substantive change of a previously approved permit. Major modifications include:
         1. Structural additions to non-residential projects of equal to or greater than 2,500 square feet or 50% of existing square footage, whichever is less.  Square footage shall be the aggregate of all proposed structures.
         2. Structural additions or alterations to existing residential projects that add more than six units.
         3. Expansion of existing parking lots that add 25 parking spaces or more on any existing site.
         4. A modification in the approved access to the project site.
         5. Changes in the allowed uses established for an approved Planned Development.
         6. Other requests similar to the above-listed major amendments, as determined by the Director.
      2. Review Process. The Planning Commission shall be the designated approving authority for major modifications. Where entitlements were processed concurrently, the designated approving authority shall be the specified approving authority in accordance with Table 9.30.090-1 (Designated Authority for Permits and Approvals) for the permit or approval subject to the request for major modification. A major modification shall be processed in the same manner and subject to the same standards as the original application. Major modifications of discretionary permits may be appealed.
4. Permit Expiration. Granting of a modification to a previously approved permit does not extend the permit expiration date. A permit extension must be reviewed and approved in accordance with the provisions of Section 9.30.110 (Permit Time Limits, Expiration, and Extensions).

(2022-351, 09/21/2022) 

Effective on: 10/21/2022

1. Applicability. An application shall not be accepted or acted upon if within the past one year the City has denied an application for substantially the same project on substantially the same real property, unless the Director finds one or more of the following circumstances to exist:
   1. New Evidence. There is new evidence that would support approving the project that was not presented during consideration of the application or at the previous hearing and could not have been previously discovered in the exercise of reasonable diligence by the applicant.
   2. Substantial and Permanent Change of Circumstances. There has been a substantial and material change of circumstances since the previous determination that affects the applicant’s real property.
   3. Mistake at Previous Hearing. A mistake was made at the previous hearing that was a material factor in the denial of the previous application.

Effective on: 1/1/1901

1. Applicability. At the time of submitting an application for a land use permit or approval all applicants requesting such an approval agree, as a part of the required application, to defend, indemnify and hold harmless the City from any claim, action or proceeding brought to attack, set aside, void or annul any subsequent approval by the City which is brought within the applicable statute of limitations. The indemnification shall include damages awarded against the City, costs of suit, attorneys’ fees and other costs and expenses incurred in connection with any such claim, action or proceeding. In addition, an indemnification agreement may be required as a condition of approval for the project.
2. Notification. In the event that a claim, action or proceeding referenced in Subsection 9.40.100.A is brought, the City shall promptly notify the applicant thereof. 

Effective on: 1/1/1901

This chapter establishes procedures for the administrative review and approval of certain conditionally permitted uses that are considered minor in nature allowing the City to confirm compliance with all applicable local standards, ordinances, and other applicable plans and policies and maintain the discretion to apply additional discretionary conditions of approval, as needed, to ensure that uses are designed, located and operated in a manner that is compatible with uses on adjacent and nearby properties. This chapter also establishes procedures for the review and approval of certain conditionally permitted uses that may be considered to have a potentially greater impact on surrounding properties and require additional review. Such conditional uses typically have operating characteristics requiring special consideration, which may necessitate discretionary conditions of approval to ensure that uses are designed, located and operated in a manner that is compatible with uses on adjacent and nearby properties.

Effective on: 1/1/1901

1. Minor Conditional Use Permit Required. A Minor Conditional Use Permit is required prior to establishment of any conditional use as indicated with a “C” on the allowed use tables contained in Chapter 9.155 (Agricultural and Rural Zones) through Chapter 9.180 (Public/Quasi-Public Facilities) and meeting any of the following criteria, except as specifically exempted by Section 9.40.020.C:
   1. When the conditional use involves an existing building.
   2. When the conditional use is processed concurrently with a Minor Plot Plan.
   3. Other conditional uses as may be determined by the Community Development Director.
   4. Uses specifically requiring a Minor Conditional Use Permit as required by this Title.
2. Major Conditional Use Permit Required. A Major Conditional Use Permit is required prior to establishment of any conditional use as indicated with a “C” on the allowed use tables contained in Chapter 9.155 (Agricultural and Rural Zones) through Chapter 9.180 (Public/Quasi-Public Facilities) and meeting any of the following criteria, except as specifically exempted by this chapter:
   1. When the conditional use is processed concurrently with a Major Plot Plan.
   2. Other conditional uses as may be determined by the Community Development Director.
   3. Uses specifically requiring a Major Conditional Use Permit as required by this Title.
3. Exemptions. Uses specifically exempt from the requirements for obtaining a Minor Conditional use Permit or a Major Conditional Use Permit in accordance with this Title.

Effective on: 1/1/1901

1. Application Filing and Processing. Applications for a Minor Conditional Use Permit or a Major Conditional Use Permit shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures).
2. Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).
3. Additional Applications May Be Required. When a conditional use is proposed in association with the physical development of a property as permitted by this chapter, a separate application for a Minor Plot Plan or Major Plot Plan, as appropriate, shall be filed for review and approval. When multiple applications are required for the same project, the applications shall be processed in accordance with Subsection 9.30.090.C (Multiple Entitlements).

Effective on: 1/1/1901

1. Minor Conditional Use Permit. Applications for a Minor Conditional Use Permit shall be reviewed and approved by the designated approving authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals). The designated approving authority is authorized to approve, conditionally approve, or deny applications for a Minor Conditional Use Permit.
2. Major Conditional Use Permit. Applications for a Major Conditional Use Permit shall be reviewed and approved by the designated authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals) as follows:
   1. Recommending Authority. The designated recommending authority shall review and make recommendations, as appropriate, to the designated approving authority for an application for a Major Conditional Use Permit.
   2. Approving Authority. The designated approving authority is authorized to approve, conditionally approve, or deny an application for a Major Conditional Use Permit.

Effective on: 1/1/1901

1. Minor Conditional Use Permit. No public hearing is required prior to action on an application for a Minor Conditional Use Permit.
2. Major Conditional Use Permit. The Planning Commission shall hold a public hearing prior to taking action on an application for a Major Conditional Use Permit. Public hearings shall be set and notice given in accordance with Section 9.30.080 (Public Hearing and Notice).

Effective on: 1/1/1901

In approving an application for a Minor Conditional Use Permit or Major Conditional Use Permit, the approving authority may impose conditions of approval to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings. Conditions may include, but shall not be limited to:

1. Requirements for special building setbacks, open spaces, buffers, fences, walls and screening.
2. Requirements for installation and maintenance of landscaping and erosion control measures.
3. Requirements for street and other infrastructure improvements and related dedications.
4. Regulation of vehicular ingress, egress, and traffic circulation.
5. Regulation of hours of operation or other characteristics of operation.
6. Requirements for security.
7. Requirements for periodic review.
8. Requirements for special building design and features to enhance aesthetics and integrate the use into the community.
9. Other conditions as may be deemed necessary to make the findings required by this chapter.

Effective on: 1/1/1901

Prior to approving an application for a Minor Conditional Use Permit or a Major Conditional Use Permit, the approving authority shall make all the following findings:

1. The proposed design and location of the conditional use is consistent with the adopted General Plan and any applicable specific plan.
2. The proposed design and location of the conditional use meets all applicable standards of development and operation of this Title, including any applicable specific use regulations.
3. That the proposed site is adequate in size and shape to accommodate the conditional use in a manner that is compatible with existing and planned uses in the vicinity.
4. That the proposed design and location of the conditional use will not be detrimental to the public health, safety or welfare, or materially injurious to uses, properties or improvements in the vicinity.

Effective on: 1/1/1901

1. Minor Conditional Use Permit. Written notice of decision shall be provided within three business days of the date of decision to the applicant and interested parties having requested such notices in writing. The Notice of Decision shall include:
   1. The application request as acted upon by the Director.
   2. The action taken by the Director.
   3. Findings as listed for the permit.
   4. The deadlines, criteria and fees for filing an appeal.
2. Major Conditional Use Permit. Written notice of decision shall be provided in accordance with Subsection 9.30.080.G (Notice of Decision).

Effective on: 1/1/1901

Minor Conditional Use Permits and Major Conditional Use Permits shall become effective on the date of approval unless a timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

Effective on: 1/1/1901

Minor Conditional Use Permits and Major Conditional Use Permits are subject to appeal. Appeals shall be processed in accordance with Section 9.30.100 (Appeals).

Effective on: 1/1/1901

Minor Conditional Use Permits and Major Conditional Use Permits shall expire three years from the date the approval was granted, unless the permit has been exercised in accordance with Section 9.30.110 (Permit Time Limits, Expiration, and Extensions).

Effective on: 1/1/1901

Minor Conditional Use Permits and Major Conditional Use Permits may be extended in accordance with Subsection 9.30.110.C (Permit Extensions).

Effective on: 1/1/1901

1. An applicant may request a modification to an approved Minor Conditional Use Permit or an approved Major Conditional Use Permit after the final written decision is issued and the permit becomes effective. Amendments shall be processed in accordance with Section 9.30.120 (Modifications to Previously Approved Permits).
2. Modifications to an approved Minor Conditional Use Permit or an approved Major Conditional Use Permit may be requested independent from and shall not require modification to, any associated permits or approvals for the same property.

Effective on: 1/1/1901

The purpose of this chapter is to provide procedures and requirements for consideration of Development Agreements in compliance with the provisions of California Government Code Sections 65864 through 65869.5. The purpose of Development Agreements is to benefit the public, in that:

1. Development Agreements increase the certainty in the approval of development projects, thereby preventing the waste of resources, reducing the cost of development to the consumer, and encouraging investment in and commitment to comprehensive planning, all leading to the maximum efficient utilization of resources at the least economic cost to the public.
2. Development Agreements provide assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules, and regulations, and subject to conditions of approval, thereby strengthening the public planning process, encouraging private participation in comprehensive planning, and reducing the economic costs of development.
3. Development Agreements enable the City to plan or and finance public facilities, including but not limited to streets, sewerage, transportation drinking water, school, and utility facilities, thereby removing a serious impediment to the development of new housing.

Effective on: 1/1/1901

1. Only a person who has legal or equitable interest in the subject property which is the subject of the Development Agreement, or his/her authorized agent, may submit an application for a Development Agreement.
2. The City may enter into a Development Agreement within the City limits or within unincorporated territory within the Sphere of Influence.

Effective on: 1/1/1901

1. Application Filing and Processing. Applications for a Development Agreement shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures).
2. Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

Effective on: 1/1/1901

1. Applications for a Development Agreement shall be reviewed and approved by the designated authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals) as follows:
   1. Recommending Authority. The designated recommending authority shall review and make recommendations, as appropriate, to the designated approving authority for an application for a Development Agreement.
   2. Approving Authority. The designated approving authority is authorized to approve, alter, or deny an application for a Development Agreement.

Effective on: 1/1/1901

The Planning Commission shall hold a public hearing to make a recommendation on applications for a Development Agreement. The Planning Commission’s recommendation shall be forwarded to the City Council. The City Council shall hold a public hearing prior to taking action on an application for a Development Agreement. Public hearings shall be set and notice given in accordance with Section 9.30.080 (Public Hearing and Notice).

Effective on: 1/1/1901

In approving a Development Agreement, the approving authority may make alterations to the proposal to ensure that the proposed agreement will comply with the required findings.

Effective on: 1/1/1901

Pursuant to Government Code Section 65867.5, a Development Agreement shall be approved by ordinance and is subject to referendum. Prior to approving a Development Agreement as prescribed by this chapter, the approving authority shall make all the following findings:

1. The proposed development agreement is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan.
2. The proposed development agreement is compatible with the uses authorized in, and the regulations prescribed for, the zone in which the real property is or will be located.
3. The proposed development agreement is in conformity with and will promote public convenience, general welfare and good land use practice.
4. The proposed development agreement will not be detrimental to the health, safety and general welfare within the city.
5. The proposed development agreement will not adversely affect the orderly development of the property or the preservation of property values.
6. The proposed development agreement will promote and encourage the development of the proposed project by providing a greater degree of requisite certainty for the developer.
7. The proposed development agreement that includes a subdivision, and any tentative map prepared for the subdivision, will comply with the provisions in Government Code Section 66473.7.

Effective on: 1/1/1901

Written notice of decision shall be provided in accordance with Subsection 9.30.080.G (Notice of Decision).

Effective on: 1/1/1901

Development Agreements shall become effective on the date specified in the agreement. For Development Agreements approved including property located outside the City limits within the Sphere of Influence which shall not become operative unless annexation proceedings annexing the property to the City are completed within the period of time specified by the agreement.

Effective on: 1/1/1901

Actions taken by the City Council are final and are not subject to appeal.

Effective on: 1/1/1901

A Development Agreement shall expire as specified in the terms of the agreement.

Effective on: 1/1/1901

Extensions of time requested following execution of a Development Agreement shall be processed in accordance with Section 9.45.130 (Modifications).

Effective on: 1/1/1901

Except as otherwise provided by law, a Development Agreement may be modified or terminated, in whole or in part, by mutual consent of all parties to the agreement or their successors in interest. The procedure for initiating and adopting an amendment or termination, in whole or in part, is the same as the procedure for entering into the original agreement. A modification or termination of a Development Agreement shall be subject to the provisions of Section 9.45.150 (Execution and Recordation).

Effective on: 1/1/1901

1. A Development Agreement shall specify:
   1. The duration of the agreement.
   2. The permitted uses of the property.
   3. The density or intensity of the use.
   4. The maximum height and size of proposed buildings.
   5. Provisions for preservation or dedication of land for public purposes.
2. The Development Agreement may include conditions, terms, restrictions and requirements for subsequent discretionary actions. The agreement may provide that construction shall be commenced within a specific time and that the project or any phase thereof be completed within a specified time. The agreement may also include terms and conditions relating to applicant or public financing of necessary public facilities and subsequent reimbursements.
3. For Development Agreements including property located outside the City limits within the Sphere of Influence, the agreement shall specify a time period by which annexation of the subject property is to be completed.

Effective on: 1/1/1901

1. After the Ordinance approving the Development Agreement takes effect, the City shall enter into the Development Agreement by signature of the Mayor or his/her designee.
2. The City shall not execute a Development Agreement until it has been executed by the applicant.
3. Not more than 10 days following the execution of a Development Agreement by the City, the City Clerk shall record with the County Recorder a copy of the executed agreement.

Effective on: 1/1/1901

The Community Development Director shall review the Development Agreement at least every 12 months. The applicant or successor in interest thereto, shall be required to demonstrate good faith compliance with the terms of the agreement. If the Community Development Director determines, based on substantial evidence, that the applicant, or successor in interest thereto has complied in good faith with all terms and conditions of the agreement during the period of review, the review for that period is concluded.

Effective on: 1/1/1901

1. Notwithstanding Subsection 9.45.160 (Annual Review), where the Community Director finds, based on substantial evidence, that the applicant, or successor in interest thereto, has not complied in good faith with the terms and conditions of the agreement, a public hearing shall be scheduled to review the applicant’s conformance with the agreement. Procedures for the conduct of such hearing shall be the same as provided herein for consideration of the original agreement. If, on the basis of substantial evidence, the applicant, or successor in interest thereto, has not complied if good faith with the terms and conditions of the agreement, the City Council may amend or terminate the agreement.
2. For Development Agreements including property located outside the City limits within the Sphere of Influence, should annexation of the subject property not be completed within the period of time specified by the agreement, or any extension thereof, the agreement is null and void.

Effective on: 1/1/1901

This Chapter establishes guidelines and procedures for amending the General Plan. The General Plan and these procedures are to be consistent with state planning laws (California Government Code Section 65300 et seq.).

Effective on: 1/1/1901

A General Plan Amendment is required for any amendment to the General Plan goals, policies or implementation actions or any change to the General Plan land use or other designations on any figures contained in the General Plan.

Effective on: 1/1/1901

1. Application Filing and Processing. Applications for a General Plan Amendment shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures).
2. Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

Effective on: 1/1/1901

Applications for a General Plan Amendment shall be reviewed and approved by the designated authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals) as follows:

1. Recommending Authority. The designated recommending authority shall review and make recommendations, as appropriate, to the designated approving authority for an application for a General Plan Amendment.
2. Approving Authority. The designated approving authority is authorized to approve, conditionally approve, or deny an application for a General Plan Amendment.

Effective on: 1/1/1901

The Planning Commission shall hold a public hearing to make a recommendation on an application for a General Plan Amendment. The Planning Commission’s recommendation shall be forwarded to the City Council. The City Council shall hold a public hearing prior to taking action on an application for a General Plan Amendment. Public hearings shall be set and notice given in accordance with Section 9.30.080 (Public Hearing and Notice).

Effective on: 1/1/1901

In approving a General Plan Amendment, the approving authority may make alterations to the proposal to ensure that the approval will comply with the required findings. Any substantial alteration made to the proposed General Plan Amendment that was not previously considered by the Planning Commission must be referred back to the Planning Commission for its recommendation in accordance with Section 9.30.090.F (Approving Authority).

Effective on: 1/1/1901

Prior to approving a General Plan Amendment, the approving authority shall make all the following findings, which shall be made by resolution:

1. The amendment is consistent with the intent of the vision, goals and policies of the General Plan as a whole.
2. The amendment prescribes reasonable controls and standards for affected land uses to ensure compatibility and integrity of those uses with other established uses.
3. The amendment provides for the protection of the general health, safety and/or welfare of the community.

Effective on: 1/1/1901

Written notice of decision shall be provided in accordance with Subsection 9.30.080.G (Notice of Decision).

Effective on: 1/1/1901

General Plan Amendments shall become effective immediately following the date of adoption.

Effective on: 1/1/1901

Actions taken by the City Council are final and are not subject to appeal.

Effective on: 1/1/1901

Approved General Plan Amendments do not expire.

Effective on: 1/1/1901

No extensions of time are necessary as an approved General Plan Amendment does not expire.

Effective on: 1/1/1901

Any amendments affecting an approved General Plan Amendment shall be handled as a new application.

Effective on: 1/1/1901

Pursuant to Government Code Section 65358, no mandatory element of the General Plan may be amended more frequently than four times during any calendar year. Subject to that limitation, an amendment may be made at any time and may include more than one change to the General Plan.

Effective on: 1/1/1901

Pursuant to Government Code Section 65352, at least 45 days prior to Council action on a proposed General Plan Amendment, the Community Development Director shall notify the County, the Local Agency Formation Commission (LAFCO), any applicable Native American Tribes, and any area-wide planning agency or federal agency whose operations may be significantly affected by the proposed action and each governmental body, commission, or board, including those of any school or special districts, whose jurisdiction lies wholly or partially within the City whose functions include recommending, preparing plans for, or constructing major public works projects.

Effective on: 1/1/1901

The purpose of this chapter is to establish a review procedure so that certain incidental and accessory uses may be established in residential neighborhoods under conditions that will ensure their compatibility with the neighborhood. They are intended to protect the rights of the residents to engage in certain home occupations that are harmonious with a residential environment.

Effective on: 1/1/1901

1. Home Occupation Permit or Home-based Business Permit Required. The provisions of this chapter shall apply to the operation of home-operated businesses and occupations in residential dwellings or on residential properties. A home-operated business may be permitted as an accessory use on any residential property with a Home Occupation Permit or a Home-Based Business Permit.
2. Level of Permit Required. The following applicability thresholds shall be used to determine if the proposed project shall require a Home Occupation Permit or a Home-Based Business Permit.
   1. Home Occupation Permit. A Home Occupation Permit shall be required if the proposed home-operated business meets all the following criteria, except as specifically exempted by this chapter:
      1. All related activities are conducted entirely within the residence .
      2. No non-resident employees visit the home in the course of operating the business
   2. Home-Based Business Permit. A Home-Based Business Permit shall be required if the proposed home-operated business meets any of the following criteria, except as specifically exempted by this chapter:
      1. Any related activities are conducted outside or within a partially enclosed structure.
      2. Non-resident employees visit in the course of operating the business.
3. Prohibited Home-Operated Businesses. Certain uses are not compatible with residential activities and shall be prohibited. Prohibited home-operated businesses shall include those that do not meet the criteria of Chapter 9.255 (Home Occupation and Home-Based Business).

Effective on: 1/1/1901

1. Application Filing and Processing. Applications for Home Occupation Permits and Home-Based Business Permits shall be filed and processed in accordance with Chapter 9.30 (Common Application Processing Procedures).
2. Application Fees. Application fees shall be collected in accordance with Chapter 9.30.020 (Applications and Fees).
3. Business License Required. A home-operated business shall require a City business license.
4. Owner Consent. For home-operated businesses conducted on rental property, the property owner’s written authorization for the proposed use shall be obtained prior to submittal of an application for a Home Occupation Permit or a Home-Based Business Permit.

Effective on: 1/1/1901

Applications for a Home Occupation Permit or a Home-Based Business Permit shall be reviewed and approved by the designated approving authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals). The designated approving authority is authorized to approve, conditionally approve, or deny applications for a Home Occupation Permit or a Home-Based Business Permit.  Pursuant to Section 9.30.090 D., At any point in the review process, the Director may transfer approving authority on a Home-Based Business Permit to the Planning Commission at his/her discretion because of policy implications, unique or unusual circumstances, or the magnitude of the project.  

Effective on: 1/1/1901

No public hearing is required prior to action on an application for a Home Occupation Permit or a Home-Based Business Permit, unless the Home-Based Business application has been referred to the Planning Commission.  

Effective on: 1/1/1901

In approving a Home Occupation Permit or a Home-Based Business Permit, the approving authority may impose reasonable and appropriate standards of approval to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings.

Effective on: 1/1/1901

1. Home Occupation Permit. Prior to approving an application for a Home Occupation Permit, the approving authority shall make all the following findings:
   1. The proposed project is consistent with the adopted General Plan and any applicable specific plan.
   2. The proposed project meets all applicable development and operational standards for development and other provisions of this Title.
2. Home-Based Business Permit. Prior to approving an application for a Home-Based Business Permit, the approving authority shall make all the following findings:
   1. The proposed project is consistent with the adopted General Plan and any applicable specific plan.
   2. The proposed project meets all applicable development and operational standards for development and other provisions of this Title.
   3. The establishment, maintenance, or operation of the home-based business will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of such use or to the general welfare of the city.

Effective on: 1/1/1901

1. Home Occupation Permit. Written notice of decision shall be provided within three business days of the date of decision to the applicant and interested parties having requested such notices in writing. The Notice of Decision shall include:
   1. The application request as acted upon by the Director.
   2. The action taken by the Director.
   3. Findings as listed for the permit.
2. Home-Based Business Permit. Written notice of decision shall be provided within three business days of the date of decision to the applicant and interested parties having requested such notices in writing. The Notice of Decision shall include:
   1. The application request as acted upon by the Director.
   2. The action taken by the Director.
   3. Findings as listed for the permit.
   4. The deadlines, criteria and fees for filing an appeal.

Effective on: 1/1/1901

1. Home Occupation Permit. Minor Home-Based Business Permits shall become effective on the date an approval is issued by the approving authority.
2. Home-Based Business Permit. Major Home-Based Business Permits shall become effective on the date of approval unless a timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

Effective on: 1/1/1901

1. Home Occupation Permit. Home Occupation Permits are ministerial and are not subject to appeal.
2. Home-Based Business Permit. Home-Based Business Permits are subject to appeal. Appeals shall be processed in accordance with Section 9.30.100 (Appeals).

Effective on: 1/1/1901

1. Home-Based Business Permit. An approved Home Occupation Permit does not expire.
2. Home-Based Business Permit. Home-Based Business Permits shall expire one year from the date the approval was granted, unless the permit has been exercised in accordance with Section 9.30.110 (Permit Time Limits, Expiration, and Extensions).

Effective on: 1/1/1901

1. Home Occupation Permit. No extensions of time are necessary as an approved Home Occupation Permit does not expire.
2. Home-Based Business Permit. Home-Based Business Permits may be extended in accordance with Subsection 9.30.110.C (Permit Extensions) are subject to appeal.

Effective on: 1/1/1901

1. Home Occupation Permit. Any modification to an approved Home Occupation Permit shall be processed as a new application.
2. Home-Based Business Permit. An applicant may request a modification to an approved Home-Based Business Permit after the final written decision is issued and the permit becomes effective. Modifications shall be processed in accordance with Section 9.30.120 (Modifications to Previously Approved Permits).

Effective on: 1/1/1901

Home Occupation Permits and Home-Based Business Permits are not transferrable to another property or business operator without approval of a new application and approval of a new business license.

Effective on: 1/1/1901

It is the policy of the City, pursuant to the California Health and Safety Code Chapter 3.6 Family Day Care Homes, to provide for family day care homes in normal residential surroundings so as to give children the home environment which is conducive to healthy and safe development. This chapter establishes procedures for the review and approval of large family day care homes to ensure that they are compatible with the surrounding neighborhood character in compliance with state law.

Effective on: 1/1/1901

A Large Family Day Care Home Permit is required prior to the establishment of a large family day care home.

Effective on: 1/1/1901

1. Application Filing and Processing. Applications for a Large Family Day Care Home Permit shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures).
2. Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

Effective on: 1/1/1901

Applications for a Large Family Day Care Home Permit shall be reviewed and approved by the designated approving authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals). The designated approving authority is authorized to approve, alter, or deny applications for a Large Family Day Care Home Permit.

Effective on: 1/1/1901

No public hearing is required prior to action on an application for a Large Family Day Care Permit.

Effective on: 1/1/1901

In approving a Large Family Day Care Home Permit, the approving authority may impose reasonable and appropriate standards of approval to achieve the purposes of this Title and consistent with Health and Safety Code Section 1597.46, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings.

Effective on: 1/1/1901

Prior to approving an application for a Large Family Day Care Permit, the approving authority shall make all the following findings:

1. The large family day care home is consistent with the adopted General Plan and any applicable specific plan.
2. The large family day care home meets all applicable standards for development and provisions of this Title, including any applicable standards of approval.

Effective on: 1/1/1901

Written notice of decision shall be provided within three business days of the date of decision to the applicant and to any interested parties who have requested notices in writing. The notice shall include:

1. The application request as acted upon by the Director.
2. The action taken by the Director.
3. Findings as listed for the request.

Effective on: 1/1/1901

Large Family Day Care Home Permits shall become effective on the date an approval is issued by the approving authority.

Effective on: 1/1/1901

Large Family Day Care Permits are ministerial and are not subject to appeal.

Effective on: 1/1/1901

A Large Family Day Care Permit shall expire one year from the date the approval was granted, unless the permit has been exercised in accordance with Section 9.30.110 (Permit Time Limits, Expiration, and Extensions).

Effective on: 1/1/1901

Large Family Day Care Home Permits may be extended in accordance with Subsection 9.30.110.C (Permit Extensions).

Effective on: 1/1/1901

Any modification to an approved Large Family Day Care Home Permit shall be processed as a new application.

Effective on: 1/1/1901

No application for a large family day care home permit shall be approved unless it complies with the following standards:

1. The applicant shall obtain a valid state license to operate a large family day care home on the site within 180 days of the date of issuance of a large family day care home permit. Within fourteen days of issuance of the state license, the applicant shall provide a certified copy of the license to the Community Development Director. The Director shall insure that the applicant has obtained a state license in a timely manner. The applicant's failure to obtain a state license or to provide a certified copy of the license to the Director may result in revocation of the large family day care home permit as provided in Subsection 9.60.140.H of this chapter.
2. The site shall be zoned for residential uses.
3. The unloading and loading of vehicle occupants shall only be permitted on the driveway, approved parking area, or directly in front of the site and shall not unduly restrict traffic flow. Residences located on arterial streets shall provide a drop-off and pickup area designed to prevent vehicles from backing into the roadway.
4. The applicant shall comply with all applicable State Fire Marshal regulations.
5. The site shall not be located within 300 feet of any other large family day care home, small family day care home, board and care home, group home or half-way house measured property line to property line.
6. To ensure the health and safety of children in family homes that provide daycare as specified within Sections 1597.30 and 1597.46 of the Health and Safety Code, if the site has a swimming pool or spa, the pool or spa shall meet all current code regulations for fencing, gate latches, and alarms.
7. An on-site identification sign may be permitted in accordance with the provisions of Subsection 9.255.040.K (Development Standards) or may be approved with the large family day care permit if submitted concurrently.

Effective on: 1/1/1901

The purpose of this chapter is to establish review procedures for a master sign program to allow for the integration of a project's signs with the design of the structures to achieve a unified architectural statement of high quality.

Effective on: 1/1/1901

1. Minor Master Sign Program. A Minor Master Sign Program shall be required for all multi-tenant shopping centers, office parks, and other multi-tenant, mixed-use, or otherwise integrated developments of three or more separate tenants/uses that share buildings, public spaces, landscape, and/or parking facilities that are proposing signs consistent with the development standards specified in Chapter 9.220 (Sign Regulations).
2. Major Master Sign Program. A Major Master Sign Program shall be required for all multi-tenant shopping centers, office parks, and other multi-tenant, mixed-use, or otherwise integrated developments of three or more separate tenants/uses that share buildings, public spaces, landscape, and/or parking facilities that are proposing signs that require exceptions to the development standards specified in Chapter 9.220 (Sign Regulations).

Effective on: 1/1/1901

1. Application Filing and Processing. Applications for a Minor Master Sign Program or a Major Master Sign Program shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures).
2. Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

Effective on: 1/1/1901

1. Minor Master Sign Program. Applications for a Minor Master Sign Program shall be reviewed and approved by the designated approving authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals). The designated approving authority is authorized to approve, alter, or deny an application for a Minor Master Sign Program.
2. Major Master Sign Program. Applications for a Major Master Sign Program shall be reviewed and approved by the designated authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals) as follows:
   1. Recommending Authority. The designated recommending authority shall review and make recommendations, as appropriate, to the designated approving authority for an application for a Major Master Sign Program.
   2. Approving Authority. The designated approving authority is authorized to approve, conditionally approve, or deny an application for a Major Master Sign Program.

Effective on: 1/1/1901

1. Minor Master Sign Program. No public hearing is required prior to action on an application for a Minor Master Sign Program.
2. Major Master Sign Program. The Planning Commission shall hold a public hearing prior to taking action on an application for a Major Master Sign Program. Public hearings shall be set and notice given in accordance with Section 9.30.080 (Public Hearing and Notice).

Effective on: 1/1/1901

In approving an application for a Minor Master Sign Program or an application Major Master Sign Program, the approving authority may impose reasonable and appropriate standards to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings.

Effective on: 1/1/1901

1. Minor Master Sign Permit. Prior to approving an application for a Minor Master Sign Permit, the approving authority shall make all the following findings:
   1. The proposed master sign program is consistent with the development standards for signs as provided in Chapter 9.265 (Sign Regulations).
   2. The design, location, and scale of proposed signs for the integrated development are in keeping with the architectural character of the development.
2. Major Master Sign Permit. Prior to approving an application for a Major Master Sign Permit, the approving authority shall make all the following findings:
   1. The design, location, and scale of proposed signs for the integrated development are in keeping with the architectural character of the development.
   2. The design, location, and scale of proposed signs will not adversely affect the interests of the public or the interests of residents and property owners in the vicinity of the project.
   3. The proposed signs are consistent with the purposes of the General Plan or any applicable specific plan or development agreement.

Effective on: 1/1/1901

1. Minor Master Sign Program. Written notice of decision shall be provided within three business days of the date of decision to the applicant and interested parties having requested such notices in writing. The notice shall include:
   1. The application request as acted upon by the Director.
   2. The action taken by the Director.
   3. Findings as listed for the permit.
2. Major Master Sign Program. Written notice of decision shall be provided in accordance with Subsection 9.30.080.G (Notice of Decision).

Effective on: 1/1/1901

1. Minor Master Sign Program. Minor Master Sign Program shall become effective on the date an approval is issued by the approving authority.
2. Major Master Sign Program. Major Master Sign Program shall become effective on the date of approval unless a timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

Effective on: 1/1/1901

1. Minor Master Sign Program. Minor Master Sign Program are ministerial and are not subject to appeal.
2. Major Master Sign Program. Major Master Sign Program are subject to appeal. Appeals shall be processed in accordance with Section 9.30.100 (Appeals).

Effective on: 1/1/1901

Minor Master Sign Programs and Major Master Sign Programs shall expire three years from the date the approval was granted, unless the permit has been exercised in accordance with Section 9.30.110 (Permit Time Limits, Expiration, and Extensions).

Effective on: 1/1/1901

Minor Master Sign Programs and Major Master Sign Programs may be extended in accordance with Subsection 9.30.110.C (Permit Extensions).

Effective on: 1/1/1901

1. Minor Master Sign Program. Any modification to an approved Minor Master Program shall be processed as a new application.
2. Major Master Sign Program. An applicant may request a modification to an approved Major Master Program after the final written decision is issued and the permit becomes effective. Modifications shall be processed in accordance with Section 9.30.120 (Modifications to Previously Approved Permits).

Effective on: 1/1/1901

Exceptions to development standards may be necessary to allow creative design solutions and to accommodate unique site conditions. The minor exception process allows minor deviations from certain requirements of this Title to be approved at the administrative level to provide relief from the unintended consequences of the strict application of development standards.

Effective on: 1/1/1901

A Minor Exception may be applied to the following development standards in any zone to the maximum reduction or increase as specified. Minor Exceptions do not apply to land use or density and shall not waive or modify a specific prohibition or procedural requirement.

1. Reduce required setbacks to a maximum exception of 10 percent.
2. Increase building height to a maximum exception of 10 percent.
3. Increase lot coverage to a maximum of 10 percent or up to 1,000 square feet, whichever is less.
4. Increase fence, wall and screen (height only) to a maximum of 10 percent.
5. Reduce off-street parking requirements (excluding stall and aisle dimensions) to a maximum of 10 percent.
6. Increase sign height to a maximum of 10 percent or 12 inches, whichever is less.
7. Increase sign letter height to a maximum of 10 percent.
8. Increase sign area to a maximum of 10 percent.
9. Location of an accessory dwelling unit to the front of a primary dwelling unit.
10. Minor exceptions as determined by the Director that provide relief of no more than 10 percent from the identified standard and meet the intent and purpose of this Title.

Effective on: 1/1/1901

1. Application Filing and Processing. Applications for a Minor Exception shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures).
2. Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

Effective on: 1/1/1901

Applications for a Minor Exception shall be reviewed and approved by the designated approving authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals). The designated approving authority is authorized to approve, conditionally approve, or deny an application for a Minor Exception.

Effective on: 1/1/1901

No public hearing is required prior to taking action on an application for a Minor Exception.

Effective on: 1/1/1901

In approving an application for a Minor Exception, the approving authority may impose reasonable and appropriate conditions in order to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings.

Effective on: 1/1/1901

Prior to approving an application for a Minor Exception, the approving authority shall make all the following findings:

1. The proposed development is compatible with existing and proposed land uses in the surrounding area.
2. Any exceptions to or deviations from the requirements or development standards result in the creation of appropriate and necessary project design solutions that would not be available through adherence to otherwise required provision of this Title provisions.
3. Granting the minor exception will not adversely affect the interests of the public or the interests of residents and property owners in the vicinity of the project.
4. The proposed development is consistent with the purposes of the General Plan or any applicable specific plan or development agreement.

Effective on: 1/1/1901

Written notice of decision shall be provided within three business days of the date of decision to the applicant and interested parties who have requested notices in writing. The notice shall include:

1. The application request as acted upon by the Director.
2. The action taken by the Director.
3. Findings as listed for the permit.
4. The deadlines, criteria and fees for filing an appeal.

Effective on: 1/1/1901

Minor Exceptions shall become effective on the date of approval unless a timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

Effective on: 1/1/1901

Actions taken on an application for a Minor Exception are subject to appeal. Appeals shall be processed in accordance with Section 9.30.100 (Appeals).

Effective on: 1/1/1901

Minor Exceptions shall expire one year from the date the approval was granted, unless the permit has been exercised in accordance with Section 9.30.110 (Permit Time Limits, Expiration, and Extensions).

Effective on: 1/1/1901

The expiration date of a Minor Exception may be extended in accordance with Subsection 9.30.110.C (Permit Extensions).

Effective on: 1/1/1901

Any modifications affecting an approved Minor Exception shall be handled as a new application.

Effective on: 1/1/1901

The purpose of a planned development is to provide a flexible vehicle for realizing the goals and policies of the adopted General Plan and securing amenities and broad community value greater than would otherwise be achieved through application of the primary zone regulations. Development within a planned development shall be demonstratively superior to the development that could occur under any other zone or combination of zones authorized by this Title that are consistent with the General Plan land use category applicable to the subject property. This chapter describes the process for adopting planned developments and approving subsequent development under a planned development.

Effective on: 1/1/1901

1. A.
   Planned Developments may be established for any property where flexibility in the applicable standards of development of this Title is necessary to take advantage of modern site planning techniques to result in a product of unique results and/or exceptional design that is in harmony with existing or potential development in the surrounding area. 
2. B.
   Planned Developments shall only be considered for parcel(s) measuring a minimum of 2.5 gross acres. 

(2025-417, 07/16/2025) 

Effective on: 8/16/2025

1. A.
   Application Filing and Processing. Applications for a Planned Development shall be filed and processed in accordance with Chapter 9.30 (Common Application and Processing Procedures).
2. B.
   Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).
3. C.
   Additional Applications May Be Required. A separate application for a Plot Plan or a Tentative Tract Map or other application, as appropriate, may be required for concurrent review and approval at the discretion of the Community Development Director. When multiple applications are required for the same project, the applications shall be processed in accordance with Subsection 9.30.090.C (Multiple Entitlements).

(2025-417, 07/16/2025) 

Effective on: 8/16/2025

Applications for a Planned Development shall be reviewed and approved by the designated authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals) as follows:

1. Recommending Authority. The designated recommending authority shall review and make recommendations, as appropriate, to the designated approving authority for an application for a Planned Development.
2. Approving Authority. The designated approving authority is authorized to approve, conditionally approve, or deny an application for a Planned Development.

Effective on: 1/1/1901

The Planning Commission shall hold a public hearing prior to taking action on an application for a Planned Development. Public hearings shall be set and notice given in accordance with Section 9.30.080 (Public Hearing and Notice).

Effective on: 1/1/1901

1. In approving an application for a Planned Development, the approving authority may impose conditions of approval to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings. The approving body may impose such conditions as may be necessary to achieve these purposes, including but not limited to the following matters:
   1. Allowable uses and restrictions on specific uses or operations.
   2. Setbacks, yard areas and open spaces.
   3. Fences, walls and screening.
   4. Building materials, building scale, and architectural treatments.
   5. Parking, parking areas, and vehicular ingress and egress.
   6. Pedestrian and other non-vehicular circulation and access.
   7. Common and private open space, landscape, and maintenance of landscape and grounds.
2. Compliance with any site plans, architectural drawings, landscape plans and related materials submitted in support of the application with such modifications thereof shall be required as a condition of approval.
3. Reasonable guarantees of compliance with required conditions, such as a deed restriction or requiring the applicant to furnish security in the form of money or surety bond in the amount fixed by the City, shall be required. The City may also require that proposed homeowner’s association documents be submitted for review and approval of the City Attorney prior to submittal to the California Bureau of Real Estate.

Effective on: 1/1/1901

Prior to approving a Planned Development, the approving authority shall make all the following findings, which shall be made by resolution:

1. The planned development is consistent with the adopted General Plan and any applicable specific plan.
2. The planned development is in substantial compliance with the purpose and intent of this Title.
3. The proposed site is adequate in size and shape to accommodate the planned development in a manner that is compatible with existing and planned uses in the vicinity.
4. The proposed development will not have a substantial adverse effect on surrounding property or the permitted use thereof and will be compatible with the planned land use character of the surrounding area. The standards of development applicable to the planned development are clearly designated.
5. The uses allowed within the planned development are clearly designated.
6. The planned development will be well integrated into its setting.
7. The planned development will make an overall contribution to the enhancement of the surrounding environment.

Effective on: 1/1/1901

Written notice of decision shall be provided in accordance with Subsection 9.30.080.G (Notice of Decision).

Effective on: 1/1/1901

Planned Developments shall become effective immediately following the date of adoption.

(2025-417, 07/16/2025)

Effective on: 8/16/2025

Actions taken on applications for a Planned Development are subject to appeal. Appeals shall be processed in accordance with Section 9.30.100 (Appeals).

Effective on: 1/1/1901

Approved Planned Developments do not expire.

Effective on: 1/1/1901

Planned Developments may be extended in accordance with Subsection 9.30.110.C (Permit Extensions).

Effective on: 1/1/1901

An applicant may request an amendment to an approved Planned Development after the final written decision is issued and the permit becomes effective. Amendments shall be processed in accordance with Section 9.30.120 (Amendments to Previously Approved Permits).

Effective on: 1/1/1901

1. Final Site Development Plan and Plot Plan. Following approval of a Planned Development and prior to exercising the Planned Development, a final site development plan for single-family residential tract homes, or a plot plan for all other developments, shall be submitted for administrative review to verify conformance with the Planned Development. The final site development plan or plot plan shall include the following:
   1. All buildings to scale.
   2. Off-street parking facilities.
   3. Landscaping.
   4. Finished grades.
   5. Other details to demonstrate conformance with all the features, conditions and characteristics upon which the Planned Development was approved.
2. Compliance. No permit shall be issued for any building or use except in full compliance with the Planned Development and final site development plan. Compliance shall be determined through the substantial conformance determination process, unless additional entitlements are required. The Director may require additional information to be submitted to demonstrate compliance.

Effective on: 1/1/1901

The purpose of this chapter is to define the procedures for review and approval of permitted uses and the associated site development. Permitted uses are typically considered acceptable uses and may be reviewed in a timely and efficient manner when no impacts are anticipated to result. This chapter establishes a ministerial review process at the administrative level to facilitate permitted uses considered minor in nature while allowing the City to ensure conformance with all applicable local standards, ordinances, and other applicable plans and policies. This chapter also establishes a discretionary review process for review and approval of permitted uses and the associated site development when projects exceed certain size thresholds as larger projects may require special consideration, which may necessitate discretionary conditions of approval to ensure that uses are designed, located and operated in a manner that is compatible with uses on adjacent and nearby properties.

Effective on: 1/1/1901

1. A.
   Minor Plot Plan Required. A Minor Plot Plan is required prior to establishment of any permitted use as indicated with a “P” on the allowed use tables contained in Chapter 9.125 (Agricultural and Rural Zones) through Chapter 9.150 (Public/Quasi-Public Facilities) and meeting the following criteria, except as specifically exempted by Section 9.80.020C below:

   1. 1.
      New construction of non-residential projects of up to 2,500 square feet of floor area where public improvements meeting City standards are in place and adequate infrastructure and utilities are provided.
   2. 2.
      New construction of a residential project of up to six units where public improvements meeting City standards are in place and adequate infrastructure and utilities are provided.
   3. 3.
      New construction of parking lots of 25 or fewer parking spaces.
   4. 4.
      Final site development plan for architectural and plotting review for single family residential track developments.
   5. 5.
      Other projects similar to the above-listed criteria, as determined by the Director.
2. B.
   Major Plot Plan Required. A Major Plot Plan is required prior to establishment of any permitted use as indicated with a “P” on the allowed use tables contained in Chapter 9.125 (Agricultural and Rural Zones) through Chapter 9.150 (Public/Quasi-Public Facilities) and meeting the following criteria, except as specifically exempted by Section 9.80.020.C below:

   1. 1.
      Projects that do not meet the applicability criteria for Minor Plot Plans specified in Subsection 9.80.020.A or are more appropriately reviewed and evaluated as a Major Plot Plan, as determined by the Director.
   2. 2.
      New construction of non-residential projects of more than 2,500 square feet of floor area.
   3. 3.
      New construction of a residential project of more than six units.
   4. 4.
      New construction of parking lots of more than 25 parking spaces.
   5. 5.
      Other projects similar to the above-listed criteria, as determined by the Director.
3. C.
   Exemptions. Single-family homes and accessory structures/amenities are not subject to review and approval of a Plot Plan.

(2025-417, 07/16/2025) 

Effective on: 8/16/2025

1. Application Filing and Processing. Applications for a Minor Plot Plan or Major Plot Plan shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures).
2. Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).
3. Additional Applications May Be Required. When a conditional use is proposed in association with the physical development of a property as permitted by this chapter, a separate application for a Minor Conditional Use Permit or Major Conditional Use Permit, as appropriate, shall be filed for review and approval. When multiple applications are required for the same project, the applications shall be processed in accordance with Subsection 9.30.090.C (Multiple Entitlements).

Effective on: 1/1/1901

1. Minor Plot Plan. Applications for a Minor Plot Plan shall be reviewed and approved by the designated approving authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals). The designated approving authority is authorized to approve, alter, or deny an application for a Minor Plot Plan.
2. Major Plot Plan. Applications for a Major Plot Plan shall be reviewed and approved by the designated authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals) as follows:
   1. Recommending Authority. The designated recommending authority shall review and make recommendations, as appropriate, to the designated approving authority for an application for a Major Plot Plan.
   2. Approving Authority. The designated approving authority is authorized to approve, conditionally approve, or deny an application for a Major Plot Plan.

Effective on: 1/1/1901

1. Minor Plot Plan. No public hearing is required prior to action on an application for a Minor Plot Plan.
2. Major Plot Plan. The Planning Commission shall hold a public hearing prior to taking action on an application for a Major Plot Plan. Public hearings shall be set and notice given in accordance with Section 9.30.080 (Public Hearing and Notice).

Effective on: 1/1/1901

In approving an application for a Minor Plot Plan or an application for a Major Plot Plan, the approving authority may impose reasonable and appropriate standards of approval to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings.

Effective on: 1/1/1901

1. Minor Plot Plan. Prior to approving an application for a Minor Plot Plan, the approving authority shall make all the following findings:
   1. The proposed project is consistent with the adopted General Plan and any applicable specific plan.
   2. The proposed project meets all applicable standards for development and provisions of this Title.
2. Major Plot Plan. Prior to approving an application for a Major Plot Plan, the approving authority shall make all the following findings:
   1. The proposed project is consistent with the adopted General Plan and any applicable specific plan.
   2. The proposed project meets all applicable standards for development and provisions of this Title.
   3. The establishment, maintenance, or operation of the proposed project will not be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of such use or to the general welfare of the City.

Effective on: 1/1/1901

1. Minor Plot Plan. Written notice of decision shall be provided within three business days of the date of decision to the applicant and interested parties having requested such notices in writing. The notice shall include:
   1. The application request as acted upon by the Director.
   2. The action taken by the Director.
   3. Findings as listed for the permit.
2. Major Plot Plan. Written notice of decision shall be provided in accordance with Subsection 9.30.080.G (Notice of Decision).

Effective on: 1/1/1901

1. Minor Plot Plan. Minor Plot Plans shall become effective on the date an approval is issued by the approving authority.
2. Major Plot Plan. Major Plot Plans shall become effective on the date of approval unless a timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

Effective on: 1/1/1901

1. Minor Plot Plan. Minor Plot Plans are ministerial and are not subject to appeal.
2. Major Plot Plan. Major Plot Plans are subject to appeal. Appeals shall be processed in accordance with Section 9.30.100 (Appeals).

Effective on: 1/1/1901

Minor Plot Plans and Major Plot Plans shall expire three years from the date the approval was granted, unless the permit has been exercised in accordance with Section 9.30.110 (Permit Time Limits, Expiration, and Extensions).

Effective on: 1/1/1901

Minor Plot Plans and Major Plot Plans may be extended in accordance with Subsection 9.30.110.C (Permit Extensions.

Effective on: 1/1/1901

1. Minor Plot Plan. Any modification to an approved Minor Plot Plan shall be processed as a new application.
2. Major Plot Plan. An applicant may request a modification to an approved Major Plot Plan after the final written decision is issued and the permit becomes effective. Modifications shall be processed in accordance with Section 9.30.120 (Modifications to Previously Approved Permits).

Effective on: 1/1/1901

It is the policy of the City, pursuant to the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (hereafter “fair housing laws”), to provide individuals with disabilities reasonable accommodation in rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. This chapter establishes a procedure for making requests for reasonable accommodation in land use, zoning and building regulations, and policies, practices and procedures of the City to comply fully with the intent and purpose of fair housing laws.

Effective on: 1/1/1901

A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing or commercial services to individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure acts as a barrier to fair housing opportunities.

Effective on: 1/1/1901

1. Application Filing and Processing. Applications for a Reasonable Accommodation shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures).
2. Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

Effective on: 1/1/1901

Applications for a Reasonable Accommodation shall be reviewed and approved by the designated approving authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals). The designated approving authority is authorized to approve, conditionally approve, alter, or deny applications for a Reasonable Accommodation. The designated authority shall make a determination on the application for Reasonable Accommodation within 30 days from receipt of the application. Should additional information, consistent with fair housing laws, be requested from the applicant, the 30-day time period for making a determination on the application shall be suspended until the additional information is provided. If the approving authority fails to make a determination within the effective 30 days, the application shall be deemed approved. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

Effective on: 1/1/1901

No public hearing is required prior to taking action on an application for a Reasonable Accommodation.

Effective on: 1/1/1901

In approving an application for a Reasonable Accommodation, the approving authority may impose reasonable and appropriate conditions in order to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings. The approving authority may approve alternative reasonable accommodations that provide an equivalent level of benefit to the applicant.

Effective on: 1/1/1901

Prior to approving an application for Reasonable Accommodation, the approving authority shall make all the following findings:

1. A.
   The housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws.
2. B.
   The requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws.
3. C.
   The requested accommodation would not impose an undue financial or administrative burden on the City, as “undue financial or administrative burden” is defined in fair housing laws.
4. D.
   The requested accommodation will not result in a fundamental alteration in the nature of the City’s zoning program, as “fundamental alteration” is defined in fair housing laws and interpretive case law.
5. E.
   The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of the public, including an "Attractive Nuisance," "Fire Hazard," or "Public Nuisance" as defined by Section 11.20.010 Definitions of the Menifee Municipal Code. 

(2024-384, 02/07/2024)

Effective on: 3/8/2024

Written notice of decision shall be provided within three business days of the date of decision to the applicant by certified mail and to interested parties who have requested notices in writing. The notice shall include:

1. The application request as acted upon by the Director.
2. The action taken by the Director.
3. Findings as listed for the permit.
4. The deadlines, criteria and fees for filing an appeal.

Effective on: 1/1/1901

Reasonable Accommodations shall become effective on the date of approval unless a timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

Effective on: 1/1/1901

Actions taken on an application for a Reasonable Accommodation are subject to appeal. Appeals shall be processed in accordance with Section 9.30.100 (Appeals), except that the period for filing an appeal of an action taken on an application for a Reasonable Accommodation shall be 30 days from the date of decision.

Effective on: 1/1/1901

Reasonable Accommodations shall expire one year from the date the approval was granted, unless the permit has been exercised in accordance with Section 9.30.110 (Permit Time Limits, Expiration, and Extensions).

Effective on: 1/1/1901

The expiration date of a Reasonable Accommodation may be extended in accordance with Subsection 9.30.110.C (Permit Extensions).

Effective on: 1/1/1901

Modifications to an approved Reasonable Accommodation shall be processed as a new application.

Effective on: 1/1/1901

1. Necessity of Accommodation. The City may consider, but is not limited to, the following factors in determining whether the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling:
   1. Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability;
   2. Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation;
   3. In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants; and
   4. In the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting.
2. Fundamental Alteration to 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 requested accommodation would result in a substantial increase in traffic or insufficient parking;
   3. Whether the requested accommodation would substantially undermine any express purpose of either the city’s general plan or an applicable specific plan; and
   4. In the case of a residential care facility, 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.

Effective on: 1/1/1901

This chapter establishes procedures for the review and approval of a Senate Bill 35 (SB35) Multi-Family Ministerial Review Permit for multi-family residential projects that provide a minimum number of lower income housing units toward meeting the City’s housing goals and housing needs of the community and which qualify for a streamlined ministerial review under SB35, in compliance with Government Code Section 65913.4.

Effective on: 5/6/2022

An SB35 Multi-Family Ministerial Review Permit applies to multi-family residential development on infill sites that provide a required number of units affordable to lower income households (i.e., households with incomes below 80% of the area median income (AMI)). To qualify, the project must meet the following criteria:

1. The development must be multifamily housing as defined in Section 102(o) of the Department of Housing and Community Development’s (HCD) SB35 Streamlined Ministerial Approval Process Guidelines.
2. The units can be offered for rental or for-sale.
3. At least two-thirds of the square footage of the development shall be designated for residential use.
4. The development must be consistent with the City’s adopted Objective Design Standards in effect at the time of submittal and incorporated herein by reference.
5. The site of the development must comply with all of the requirements of Section 401, Site Requirements of HCD’s SB35 Streamlined Ministerial Approval Process Guidelines.
6. A minimum of 10% or 50% (percentage based on HCD’s most current SB35 Statewide Determination Summary for the City of Menifee), of the total units in the development, calculated prior to any density increase, must be affordable to lower income households (80% Area Median Income or lower) in accordance with Section 402, Affordability Provisions of HCD’s SB35 Streamlined Ministerial Approval Process Guidelines.
7. The development must comply with all of the labor provisions of Section 403, Labor Provisions of the SB35 Guidelines.

Nothing in this Chapter 9.87 shall be deemed to supersede any provisions of Government Code Section 65913.4, any SB 35 Guidelines established by HCD, or any other applicate State law provisions as they may be amended.

Effective on: 5/6/2022

1. Notice of Intent to Submit. Before submitting an application for a streamlined, ministerial approval process, the development proponent shall submit a notice of its intent to submit an application, to the City of Menifee Community Development Department. The notice of intent shall be in the form of a preliminary application that includes all of the information described the City’s SB35 Eligibility Checklist and Notice of Intent to Submit Preliminary Application Form.
2. AB 168 Tribal Consultation. Within 30 days of receiving a notice of intent to submit an application, the City will provide formal notice to each California Native American Tribe that is traditionally and culturally affiliated with the geographic area of the proposed development and engage in a scoping consultation regarding potential effects the proposed development could have on a potential tribal cultural resource. A proposed project would be ineligible for the streamlined, ministerial approval process, and subject to the California Environmental Quality Act (CEQA) if:
   1. the site of the proposed development is a tribal cultural resource that is on a national, state, tribal, or local historic register list;
   2. the City and the California Native American tribe do not agree that no potential tribal cultural resource would be affected by the proposed development; or
   3. the City and California Native American tribe find that a potential tribal cultural resource could be affected by the proposed development and the parties do not document an enforceable agreement regarding the methods, measures, and conditions for treatment of those tribal cultural resources, as provided.
3. Application Filing and Processing. Applications for an SB35 Multi-Family Ministerial Review Permit shall be filed and processed in accordance with Chapter 9.30 (Common Application Processing Procedures).
4. Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

Effective on: 5/6/2022

Applications for an SB35 Multi-Family Ministerial Review shall be reviewed and approved by the designated approving authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals). The designated approving authority is authorized to approve, alter, or deny an application for an SB-35 Multi-Family Ministerial Review Permit.

Effective on: 5/6/2022

No public hearing is required prior to action on an application for an SB35 Multi-Family Ministerial Review Permit.

Effective on: 5/6/2022

An application for an SB35 Multi-Family Ministerial Review shall be considered and approved ministerially, without discretionary review or a hearing. The approving authority shall determine consistency or inconsistency with the City’s adopted Objective Design Standards and act on the application within the following timeframes from the date the City receives a completed application:

1. Within 60 calendar days of submittal of the application if the development contains 150 or fewer housing units.
2. Within 90 calendar days of submittal of the application if the development contains more than 150 housing units.
3. Documentation of inconsistency(ies) with objective standards must be provided to the development proponent within the timeframes indicated above as applicable. If such documentation is not provided within these timeframes, the development shall be deemed to satisfy the objective planning standards for purposes of the Streamlined Approval Process.

Effective on: 5/6/2022

Prior to approving an application for an SB35 Multi-Family Ministerial Review, the approving authority shall make all the following findings:

1. The project is consistent with the adopted General Plan.
2. The project meets all applicable standards of the Development Code and adopted Objective Design Standards incorporated by reference.

Effective on: 5/6/2022

Written notice of decision shall be provided within three business days of the date of decision to the applicant and interested parties having requested such notices in writing. The Notice of Decision shall include:

1. The application request as acted upon by the Director.
2. The action taken by the Director.
3. Findings as listed for the permit.

Effective on: 5/6/2022

An SB35 Multi-Family Ministerial Review Permit shall become effective on the date an approval is issued by the approving authority.

Effective on: 5/6/2022

An SB35 Multi-Family Ministerial Review Permit is not subject to appeal since it is ministerial.

Effective on: 5/6/2022

As established in Section 301(d) of the Department of Housing and Community Development’s (HCD) SB35 Streamlined Ministerial Approval Process Guidelines (SB35 Guidelines), expiration timeframes for an approved SB35 Multi-Family Residential Permit are as follows:

1. If the project includes public investment in housing affordability, beyond tax credits, where 50 percent of the units are affordable to households making at or below 80 percent of the AMI, then that approval shall not expire.
2. If the project does not include public investment in housing affordability (including local, state, or federal government assistance), beyond tax credits and at least 50 percent of the units are not affordable to households making at or below 80 percent of the AMI, that approval shall remain valid for three years from the date of the final action establishing that approval, or if litigation is filed challenging that approval, from the date of the final judgment upholding that approval. Approval shall remain valid for a project provided that vertical construction of the development has begun and is in progress. “In progress” means one of the following:
   1. The construction has begun and has not ceased for more than 180 days.
   2. If the development requires multiple building permits, an initial phase has been completed, and the project proponent has applied for and is diligently pursuing a building permit for a subsequent phase, provided that once it has been issued, the building permit for the subsequent phase does not lapse.

3. The development may receive a one-time, one-year extension if the project proponent can provide documentation that there has been significant progress toward getting the development construction ready, such as filing a building permit application.

Effective on: 5/6/2022

An SB35 Multi-Family Ministerial Review Permit may be extended in accordance with Subsection 9.30.110.C (Permit Extensions).

Effective on: 5/6/2022

Modifications to an approved SB35 Multi-Family Residential Permit shall be processed as a new application.

Effective on: 5/6/2022

The purpose of this chapter is to establish a review process for signs to ensure consistency with the requirements of this Title.

Effective on: 1/1/1901

A Sign Permit shall be required prior to the placing, erecting, moving, or reconstructing of any sign in the City, unless expressly exempted by this Title.

Effective on: 1/1/1901

1. Application Filing and Processing. Applications for a Sign Permit shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures).
2. Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

Effective on: 1/1/1901

Applications for a Sign Permit shall be reviewed and approved by the designated approving authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals). The designated approving authority is authorized to approve, alter, or deny an application for a Sign Permit. When an application proposes two or more signs, the application may be granted either in whole or in part, with separate decisions as to each proposed sign.

Effective on: 1/1/1901

No public hearing is required prior to taking action on an application for a Sign Permit.

Effective on: 1/1/1901

In approving an application for a Sign Permit, the approving authority may impose reasonable and appropriate standards in order to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings.

Effective on: 1/1/1901

Prior to approving a Sign Permit, the approving authority shall make all the following findings:

1. The sign is consistent with the adopted General Plan and any applicable specific plan.
2. The sign meets all applicable standards for development and provisions of this Title.

Effective on: 1/1/1901

Written notice of decision shall be provided within three business days of the date of decision to the applicant and interested parties who have requested notices in writing. The notice shall include:

1. The application request as acted upon by the Director.
2. The action taken by the Director.

Effective on: 1/1/1901

Sign Permits shall become effective on the date an approval is issued by the approving authority.

Effective on: 1/1/1901

Sign Permits are ministerial and are not subject to appeal.

Effective on: 1/1/1901

Sign Permits shall expire two years from the date the approval was granted, unless the permit has been exercised in accordance with Section 9.30.110 (Permit Time Limits, Expiration, and Extensions).

Effective on: 1/1/1901

The expiration date of a Sign Permit may be extended in accordance with Section 9.30.110.C (Permit Time Limits, Expiration, and Extensions).

Effective on: 1/1/1901

Any modifications affecting an approved Sign Permit shall be handled as a new application.

Effective on: 1/1/1901

The allowed use tables of this Title may not include all possible uses. When a specific use is not listed and it is unclear whether the use is permitted by right, permitted conditionally, or prohibited, the Similar Use Determination establishes a process for the review and possible addition of new uses to the allowed use tables.

Effective on: 1/1/1901

A Similar Use Determination is required when a use is not specifically listed in this Title but may be allowed if it is determined to be similar in nature to a use that is permitted by right or conditionally permitted.

Effective on: 1/1/1901

1. Application Filing and Processing. Applications for a Similar Use Determination shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures).
2. Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

Effective on: 1/1/1901

Applications for a Similar Use Determination shall be reviewed and approved by the designated approving authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals). The designated approving authority is authorized to approve, alter, or deny an application for a Similar Use Determination.

Effective on: 1/1/1901

No public hearing is required prior to taking action on an application for a Similar Use Determination.

Effective on: 1/1/1901

In approving an application for a Similar Use Determination, the approving authority may make modifications to the request in order to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings.

Effective on: 1/1/1901

Prior to approving a Similar Use Determination, the approving authority shall make all the following findings:

1. The characteristics of and activities associated with the proposed use are equivalent to one or more of the listed uses and will not involve a higher intensity of activity, environmental impact, or population density than other uses permitted in the zone.
2. The proposed use is consistent with the purposes of the applicable zone.
3. The proposed use is consistent with the goals and policies of the adopted General Plan and any applicable specific plan.

Effective on: 1/1/1901

Written notice of decision shall be provided within three business days of the date of decision to the applicant and interested parties who have requested notices in writing. The notice shall include:

1. The application request as acted upon by the approving authority.
2. The action taken by the approving authority.
3. Findings as listed for the approval.
4. The deadlines, criteria and fees for filing an appeal.

Effective on: 1/1/1901

Similar Use Determinations shall become effective on the date of approval unless a timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

Effective on: 1/1/1901

Actions taken on an application for a Similar Use Determination are subject to appeal. Appeals shall be processed in accordance with Section 9.30.100 (Appeals).

Effective on: 1/1/1901

Approved Similar Use Determinations do not expire.

Effective on: 1/1/1901

No extensions of time are necessary as an approved Similar Use Determination does not expire.

Effective on: 1/1/1901

Any modifications affecting an approved Similar Use Determination shall be handled as a new application.

Effective on: 1/1/1901

The Community Development Department shall maintain all such determinations on record for review by the public upon request.

Effective on: 1/1/1901

The purpose of this chapter is to establish procedures for adoption, maintenance and administration of specific plans in accordance with the provisions of Sections 65450 through 65457 of the California Government Code, and as may be required for the implementation of the General Plan. The purpose of a specific plan is to establish policies and development standards that address area-specific issues. The specific plan serves as a regulatory document, consistent with the General Plan.

Effective on: 1/1/1901

The following shall serve as a guide for the appropriate use of specific plans:

1. Where unique results or treatments are desired or in areas having sensitive environmental qualities.
2. Where there is a complicated mixture of conditions such as new development, deteriorated structures, underutilized land and mixed uses.
3. Where there is a need to incorporate considerable detail in a proposed development project which would justify its approval.
4. Where it is more cost-effective to include, with the proposed project, a Master Environmental Impact Report so that subsequent projects within the specific plan area would require no further environmental documentation or require only focused environmental reports.

Effective on: 1/1/1901

1. Application Filing and Processing. Applications for a Specific Plan shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures).
2. Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).
3. General Plan Land Use Map Amendment Required. Initial approval of a Specific Plan requires amendment to the General Plan Land Use Map concurrent with the approval of the Specific Plan.
4. Zone Change Required. Initial approval of a Specific Plan requires establishment of the Specific Plan (SP) Zone concurrent with approval of the Specific Plan.

Effective on: 1/1/1901

Applications for a Specific Plan shall be reviewed and approved by the designated authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals) as follows:

1. Recommending Authority. The designated recommending authority shall review and make recommendations, as appropriate, to the designated approving authority for an application for a Specific Plan.
2. Approving Authority. The designated approving authority is authorized to approve, conditionally approve, alter, or deny an application for a Specific Plan.

Effective on: 1/1/1901

The Planning Commission shall hold a public hearing to make a recommendation on an application for a Specific Plan. The Planning Commission’s recommendation shall be forwarded to the City Council. The City Council shall hold a public hearing prior to taking action on an application for a Specific Plan. Public hearings shall be set and notice given in accordance with Section 9.30.080 (Public Hearing and Notice).

Effective on: 1/1/1901

In approving an application for a Specific Plan, the City Council may make alterations to the proposal to ensure that the specific plan will comply with the required findings. Any substantial alteration made to the proposed Specific Plan Amendment that was not previously considered by the Planning Commission must be referred back to the Planning Commission for its recommendation in accordance with Section 9.30.090.F (Approving Authority).

Effective on: 1/1/1901

Prior to approving an application for a Specific Plan, the approving authority shall make all of the following findings, which shall be made by ordinance:

1. The specific plan is consistent with the intent of the goals and policies of the General Plan and is not inconsistent with any element thereof.
2. The specific plan prescribes reasonable controls and standards for affected land uses to ensure compatibility and integrity of those uses with other established uses.
3. The specific plan provides reasonable property development rights while protecting environmentally sensitive land uses and species.
4. The specific plan provides for the protection of the health, safety, and/or general welfare of the community.

Effective on: 1/1/1901

Written notice of decision shall be provided in accordance with Subsection 9.30.080.G (Notice of Decision).

Effective on: 1/1/1901

Specific Plans shall become effective on the 31st day following the date of approval.

Effective on: 1/1/1901

Actions taken by the City Council on an application for a Specific Plan are final and are not subject to appeal.

Effective on: 1/1/1901

Approved Specific Plans do not expire.

Effective on: 1/1/1901

No extensions of time are necessary as an approved Specific Plan does not expire.

Effective on: 1/1/1901

An applicant may request an modification to an approved Specific Plan after the final written decision is issued and the permit becomes effective. Modifications shall be processed in accordance with the provisions outlined in the specific plan. Where no such provisions are provided, modifications shall be processed in accordance with Section 9.30.120 (Modifications to Previously Approved Permits).

Effective on: 1/1/1901

A specific plan may include written text, maps, diagrams, and descriptions of allowable uses. At a minimum, specific plans shall include:

1. A statement of the relationship of the specific plan to the General Plan.
2. A map indicating the distribution, location, and extent of land uses, including open space, within the area covered by the plan.
3. All permitted uses and land use densities.
4. Standards and criteria by which development will proceed, and standards for the conservation, development and utilization of natural resources, where applicable.
5. A map and/or text specifying the proposed distribution, location, extent and intensity of major components of public and private transportation, sewage, water, drainage, energy and other essential facilities in the specific plan area.
6. Public works projects, programs and implementation measures necessary to carry out the specific plan’s stated purpose.
7. A program of implementation measures including regulations, programs, public works projects and financing measures necessary to carry out the above noted provisions of the specific plan.
8. Criteria for when a modification or amendment to a specific plan is required and a process for review and approval of said modification or amendment.

Effective on: 1/1/1901

1. Upon approval of the Specific Plan by the City Council, the General Plan Land Use Map shall be amended to identify the area covered by the plan.
2. The approved Specific Plan shall be filed in the office of the City Clerk and in the Community Development Department.

Effective on: 1/1/1901

Development standards, procedural regulations and other provisions of this Title shall apply within a specific plan except where they conflict with provisions of the specific plan.

Effective on: 1/1/1901

Temporary use permits provide a process for review of short-term activities that may not meet the normal development or use standards of the applicable zone but may be acceptable because of their temporary nature. The intent of these regulations is to establish a process for the review of temporary uses and to ensure that the temporary use does not adversely impact the long-term uses of the same or neighboring sites, or impact the general health, safety, and welfare of persons residing within the community.

Effective on: 1/1/1901

1. A.
   Temporary Use Permit Required. A Temporary Use Permit is required prior to establishment of any temporary use as identified in Chapter 9.105 (Temporary Uses) or as otherwise required by this Title.
2. B.
   Level of Temporary Use Permit Required. The following applicability thresholds shall be used to determine if the proposed project shall require a Minor Temporary Use Permit or a Major Temporary Use Permit.

   1. 1.
      Minor Temporary Use Permit. A Minor Temporary Use Permit shall be required for temporary uses meeting all the following criteria:

      1. a.
         The temporary use does not impact surrounding properties, as determined by the Director.  Examples include, but are not limited to the following:

         1. i.
            Weekend promotional events consisting of outdoor display and sales of merchandise within commercial land use districts, including sidewalk sales;
         2. ii.
            Flower sales (non-mobile), vendor stands (non-mobile), seasonal sales of agricultural products for limited periods of time, which, at no time, may be conducted in the public right-of-way;
         3. iii.
            Special lighting exhibits including spotlights, and specifically including holiday lighting displays;
         4. iv.
            Veterinary vaccination clinics on developed sites that are not in conjunction with a veterinary facility (i.e., pet store, groomer);
         5. v.
            Garage or yard sales conducted at the same residential location more than four times per year;
         6. vi.
            Car shows;
         7. vii.
            Private events including weddings, picnics or block parties to which 100 people are invited and/or which would  not require public road closures or significantly impact traffic on adjacent public roadways;
         8. viii.
            Live entertainment at a restaurant or bar no more than four times per year.
      2. b.
         The temporary use is exempt from CEQA.
   2. 2.
      Major Temporary Use Permit. A Major Temporary Use Permit shall be required for temporary uses meeting any of the following criteria:

      1. a.
         The temporary use does impact surrounding properties, as determined by the Director.  Examples include, but are not limited to the following:

         1. i.
            Outdoor temporary swap meets or auctions;
         2. ii.
            Christmas tree sales lots and associated jolly jumps, food sales and on-site banners and other signage; 
         3. iii.
            Pumpkin sales lots and associated jolly jumps, food sales and site banners and other signage; 
         4. iv.
            Farmer’s markets held on one day per week in the same location for a total period of time not exceeding one year
         5. v.
            Private events including weddings, picnics or block parties to which more than 100 people are invited and/or which would require public road closures or significantly impact traffic on adjacent public roadways;
         6. vi.
            Special outdoor events, when not held within premises designed to accommodate the events,  including carnivals, circuses, fairs, parades, rodeos, and large athletic, religious, or entertainment events.
      2. b.
         The temporary use is not exempt from CEQA.
3. C.
   Exempt Uses. The following uses are exempt from the requirements of this chapter:

   1. 1.
      Temporary construction office trailers in all zones under the following conditions:

      1. a.
          The construction office trailer is associated with an active, approved construction project.
      2. b.

         The construction office trailer is located within the boundaries of the project site.

      3. c.
          The construction office trailer is not in an environmentally sensitive area.

If any of the above conditions cannot be met, a Major Temporary Use Permit shall be required, subject to the Community Development Director’s discretion.

3.  
   2. 2.
       Going out of business sales with no additional merchandise and normal promotional activities conducted within the approved display area for the business.
   3. 3.
      Commercial filming regulated by other provisions of this Municipal Code.
   4. 4.
      City, state, federal, school district, community college district or other public agencies’ event when conducted wholly on that agency’s public property or with the consent of another public property owner and which will not require public road closures or significantly impact traffic on adjacent public streets.
   5. 5.
      Homeowners’ association events conducted wholly in common areas within the boundaries of the association and which do not impact public streets or other public facilities.
   6. 6.
      Small scale events (art shows, holiday events), sponsored and sanctioned by the Master Property Association or Property Manager for Regional Shopping Centers which are 20 acres or larger located within the CR - Commercial Retail or EDC - Economic Development Corridor zones, shall be exempt from the TUP process provided the entire event occurs on managed or owned properties and are not anticipated to impact parking, circulation/access, surrounding properties or generate significant traffic.
   7. 7.
      Temporary emergency facilities to accommodate emergency public health and safety needs and activities.
   8. 8.
      Yards and sheds for the storage of materials and equipment used as part of a construction project, provided a valid building permit has been issued and the materials and equipment are stored on the same site as the construction activity.
   9. 9.
      Mobile food truck operations at construction sites that are actively under construction pursuant to a valid building permit or grading permit where the mobile food truck does not vend to the general public during the stop.

4. D.
   Other Temporary Uses. For temporary uses that are not identified in this Title, the Community Development Director, at his or her discretion, may determine whether the use should be classified as a minor temporary use or a major temporary use. This determination shall be based upon the similarities and differences with temporary uses and related standards of this Chapter and consideration of the proposed temporary use’s compatibility with the applicable zone and surrounding land uses. Those temporary uses which do not fit within the criteria for minor temporary or major temporary uses shall be addressed through a Plot Plan, Conditional Use Permit or other type of permit or approval identified in this Title, as determined by the Director. A temporary use which will exceed the length of  one calendar year (even when sporadic) requires other types of land use approvals as determined by the Community Development Director.

(2022-351, 09/21/2022; 2025-417, 07/16/2025) 

Effective on: 8/16/2025

1. Application Filing and Processing. Applications for a Minor Temporary Use Permit or a Major Temporary Use Permit shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures).
2. Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).
3. Timing of Application. An application for a Minor Temporary Use Permit or a Major Temporary Use Permit should be submitted at least 60 days in advance of the first date of the proposed use. The applicant is responsible for submitting an application in a manner which allows sufficient time for processing, including noticing (if necessary) and appeal time.

Effective on: 1/1/1901

Applications for a Minor Temporary Use Permit or a Major Temporary Use Permit shall be reviewed and approved by the designated approving authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals). The designated approving authority is authorized to approve, conditionally approve, or deny applications for a Minor Temporary Use Permit or a Major Temporary Use Permit.

Effective on: 1/1/1901

No public hearing is required prior to action on an application for a Minor Temporary Use Permit or a Major Temporary Use Permit.

Effective on: 1/1/1901

In approving an application for a Minor Temporary Use Permit or an application for a Major Temporary Use Permit, the approving authority may impose conditions of approval to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings. Conditions may include, but shall not be limited to:

1. Requirements for special setbacks, buffers, or temporary fences, walls and/or screening.
2. Regulation of vehicular ingress, egress, and traffic circulation.
3. Regulation of hours of operation or other characteristics of operation.
4. Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination on adjacent properties, noise, vibration, smoke, dust, din, odors, vapors and heat.
5. Regulation of temporary structures and facilities.
6. Provision for restroom and related sanitary facilities as well as medical facilities and emergency medical services.
7. Provision for solid, hazardous and toxic waste collection and disposal.
8. Requirements for security.
9. Requirements for special parking or traffic control measures.
10. Other conditions as may be deemed necessary to make the findings required by this chapter.

Effective on: 1/1/1901

Prior to approving an application for a Minor Temporary Use Permit or an application for a Major Temporary Use Permit, the approving authority shall make all the following findings:

1. The proposed temporary use is compatible with the zone, nature, character and use of the surrounding area.
2. The temporary use will not adversely affect the adjacent uses or structures.
3. The temporary use is consistent with the applicable development and operational standards and other provisions of this Title.
4. The nature of the temporary use is not detrimental to the public health, safety or welfare of the community.

Effective on: 1/1/1901

Written notice of decision shall be provided within three business days of the date of decision to the applicant and interested parties having requested such notices in writing. The notice shall include:

1. The application request as acted upon by the Director.
2. The action taken by the Director.
3. Findings as listed for the permit.
4. The deadlines, criteria and fees for filing an appeal.

Effective on: 1/1/1901

 Minor Temporary Use Permits and Major Temporary Use Permits shall become effective on the date of approval unless a timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

Effective on: 1/1/1901

Minor Temporary Use Permits and Major Temporary Use Permits are subject to appeal. Appeals shall be processed in accordance with Section 9.30.100 (Appeals).

Effective on: 1/1/1901

Approved Minor Temporary Use Permits and approved Major Temporary Use Permits do not expire.

Effective on: 1/1/1901

No extensions of time are permitted for an approved Minor Temporary Use Permit or an approved Major Temporary Use Permit.

Effective on: 1/1/1901

Modifications to an approved Minor Temporary Use Permit or an approved Major Temporary Use Permit shall be processed as a new application.

Effective on: 1/1/1901

Minor Temporary Use Permits and Major Temporary Use Permits are not transferrable to another property or business operator without approval of a new application and approval of a new business license.

Effective on: 1/1/1901

The following standards shall apply to all temporary activities and uses, where applicable:

1. The applicable permit(s) shall be posted on the premises where the event is conducted, and/or a copy of the permit must be in the possession of the person responsible for the event at all times while it is occurring.
2. Any temporary facilities or structures used will be removed from the site within a reasonable time following the event and the property will be restored to no worse than its former condition. Submission of a performance bond or other surety devices may be required at this discretion of the City.
3. The permittee will reimburse the City for the actual cost of repair or replacement (including labor and overhead) if city property is damaged or destroyed as a result of the temporary use. The City may require a deposit therefor if the damage reasonably may be anticipated, as determined by the City.
4. Deposit for traffic control and/or clean up fees are required unless already provided with an encroachment permit.
5. The permittee and/or property owner shall provide enter into an indemnification and hold harmless agreement for use of City property.

Effective on: 1/1/1901

The following standards shall apply to the specified temporary activity or use:

1. Weekend promotional events consisting of outdoor display and sales of merchandise within commercial land use districts, including sidewalk sales, that exceed existing land use restrictions shall comply with the following provisions:
   1. Merchandise displayed or sold must be customarily sold on the premises by a permanently established business.
   2. The maximum number of consecutive days for any one event shall not exceed nine calendar days.
   3. Setup and takedown of canopies, lighting, fencing, merchandise and/or items for the event shall not be counted toward the allowable event days per event, except that setup shall not exceed 36 hours and takedown shall not exceed 36 hours unless otherwise authorized by the Community Development Director.
2. Outdoor temporary swap meets or auctions shall be limited to no more often than twice per calendar year on the same property and shall not exceed three consecutive days per event.
3. Christmas tree sales shall only be held from November 1 through December 31.
4. Pumpkin sales shall only be held from September 15 through November 2. 
5. Vendor stands (non-mobile) shall be limited to the seasonal sale of agricultural products, and shall not be located in the public right-of-way, and signage shall not exceed the standards of the zone in which the stand is located.
6. Farmers markets shall be limited to one day per week in the same location for a total period of time not exceeding one calendar year.
7. Mobile food trucks shall comply with the following provisions:
   1. General Standards.
      1. Maintain a valid business tax certificate from the City of Menifee to operate within the City.
      2. Maintain a valid County Health permit and operate in conformance with all applicable health standards.
      3. Post, in public view and without obstruction, on both the front right windshield and the back left bumper of the mobile food truck, the following items:
         5. The County of Riverside Department of Environmental Health permit certification stickers.
         6. A notice with at least 3-inch font providing “To report a violation, call the City of Menifee Code Enforcement at 951-246-6214."
      4. Sell only food and beverage items regulated under the California Retail Food Code (California Health and Safety Code Division 104, Part 7, Section 113700 et. seq., as it currently exists or as may be amended).
      5. No verbal solicitation of business from pedestrians or persons in vehicles, and no sale to persons in vehicles.
      6. No amplified sound or loudspeakers are allowed. The vendor and operation shall comply with the noise limits in Section 9.210.060 (Noise Control Regulations).
      7. No lighting, except localized lighting that is used on or in the mobile food trucks for the purpose of inside food preparation and menu illumination are allowed.
      8. No signs other than those exhibited on or in the mobile food truck are allowed.
      9. No selling or serving alcohol.
      10. Provide one trash receptacle and one recycling receptacle for use by patrons in a convenient location that does not impede pedestrian or vehicular traffic.
      11. Collect and remove all litter or debris generated within a minimum 25-foot radius of the food truck.
      12. Contain all associated equipment and operations within the mobile food truck, except for the trash and recycling receptacles required herein.
      13. No furniture, umbrellas, generators, objects or structures outside of the vehicle are allowed.
      14. No obstruction or interference with the free flow of pedestrian or vehicular traffic, including but not limited to access to or from any business, public building, or dwelling unit is allowed.
      15. No restriction of visibility area sight distance at any driveway or intersection.
      16. Mobile food trucks shall not encroach onto a public sidewalk with any part of the vehicle or any other equipment or furniture related to the operation of the business, except for required trash and recycling receptacles or any attached sign or awning. The operator shall provide an 8-foot vertical clearance for pedestrian access under any sign or awning.
      17. Mobile food truck operators shall control smoke and odors caused by food preparation to avoid a public nuisance.
   2. Mobile food trucks prohibited in the Public Right-of-Way. Mobile food truck operators are prohibited from operating in the public right-of-way, except as allowed with a temporary use permit pursuant to this chapter.
   3. Mobile Food Trucks on Private Property. Property owners and food truck operators shall comply with all of the following:
      1. Ensure that a mobile food truck operator operates only at the location designated on any permit, where applicable.
      2. Ensure that a mobile food truck operator displays a copy of the approved mobile food truck permit in a prominent and visible place within each mobile food truck, together with a letter of permission from the property owner consenting to mobile food truck operations on the site in accordance with any approved development permit, where applicable.
      3. Mobile food trucks shall operate as follows:
         1. Within a paved, level parking area, unless otherwise approved surface by the City Engineer, where it can be demonstrated that any off-street parking spaces located in that area are not otherwise reserved, encumbered, or designated to satisfy the off-street parking requirement of a business or activity that is operating at the same time as the mobile food truck.
         2. Operations shall not impede pedestrian or vehicular ingress or egress through the remainder of the parking area or adjacent public right-of-way.

(2022-351, 09/21/2022) 

Effective on: 10/21/2022

The purpose of this chapter is to establish a variance procedure to waive or modify the zoning standards under certain special circumstances if specific findings can be made. It is recognized that under certain circumstances, the strict or literal interpretation and enforcement of the provisions of the zone regulations may deprive a property of development potential enjoyed by other properties in the vicinity under the identical zone.

Effective on: 1/1/1901

An application for a Variance is required for any request to modify the requirements of this Title greater than those adjustments allowed through other permit or approval procedures. Variances do not apply to land use or density and shall not waive or modify a specific procedural requirement. In no case shall cost to the applicant be the primary reason for granting a variance. The provisions of this chapter shall not apply to public safety regulations based on authority mandated by state law or other ordinances.

Effective on: 1/1/1901

1. Application Filing and Processing. Applications for a Variance shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures).
2. Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

Effective on: 1/1/1901

Applications for a Variance shall be reviewed and approved by the designated authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals) as follows:

1. Recommending Authority. The designated recommending authority shall review and make recommendations, as appropriate, to the designated approving authority for an application for a Variance.
2. Approving Authority. The designated approving authority is authorized to approve, conditionally approve, or deny an application for a Variance.

Effective on: 1/1/1901

The Planning Commission shall hold a public hearing prior to taking action on an application for a Variance. Public hearings shall be set and notice given in accordance with Section 9.30.080 (Public Hearing and Notice).

Effective on: 1/1/1901

In approving an application for a Variance, the approving authority may impose reasonable and appropriate conditions in order to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings. Conditions may include, but shall not be limited to:

1. Requirements for special building setbacks, open spaces, buffers, fences, walls and screening.
2. Requirements for installation and maintenance of landscaping and erosion control measures.
3. Requirements for street and other infrastructure improvements and related dedications.
4. Regulation of vehicular ingress, egress, and traffic circulation.
5. Regulation of hours of operation or other characteristics of operation.
6. Requirements for increased security.
7. Requirements for periodic review.
8. Requirements for special building design and features to enhance the visual impact and integrate the use into the community.
9. Other conditions as may be deemed necessary to make the findings required by this Chapter.

Effective on: 1/1/1901

Prior to approving an application for a Variance, the approving authority shall make all the following findings:

1. Because of special circumstances applicable to the property (size, shape, topography, location or surroundings) or the intended use of the property, the strict application of the standards of this Title deprives the property of privileges enjoyed by other properties in the vicinity in the same zone.
2. Granting of the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the vicinity in the same zone.
3. Granting of the variance will not be materially detrimental to the public health, safety and/or welfare, or injurious to property or improvements.
4. Granting of the variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the property is located.
5. Granting of the variance does not allow a use or activity which is prohibited by the zone in which the property is located.
6. Granting of the variance will not be inconsistent with the goals and policies of the adopted General Plan or applicable specific plan.

Effective on: 1/1/1901

Written notice of decision shall be provided in accordance with Subsection 9.30.080.G (Notice of Decision).

Effective on: 1/1/1901

Variances shall become effective on the date of approval unless a timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

Effective on: 1/1/1901

Actions taken on applications for a Variance are subject to appeal. Appeals shall be processed in accordance with Section 9.30.100 (Appeals).

Effective on: 1/1/1901

Variances shall expire one year from the date the approval was granted, unless the permit has been exercised in accordance with Section 9.30.110 (Permit Time Limits, Expiration, and Extensions).

Effective on: 1/1/1901

Variances may be extended in accordance with Subsection 9.30.110.C (Permit Extensions).

Effective on: 1/1/1901

Modifications to an approved Variance shall be processed as a new application.

Effective on: 1/1/1901

This chapter establishes procedures for the review of changes to the Zoning Map and this Title, including amendments to or deletions from the text and/or exhibits of this Title.

Effective on: 1/1/1901

A Zone Change or Zoning Code Amendment is required for any amendment to a provision of this Title, including the adoption of new regulations or deletion of existing regulations, or any rezone or change of the zone on the Zoning Map for any parcel(s).

Effective on: 1/1/1901

1. Application Filing and Processing. Applications for a Zone Change or Zoning Code Amendment shall be filed and processed in accordance with Chapter 9.30 (Common Application Processing Procedures).
2. Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

Effective on: 1/1/1901

Applications for a Zone Change or Zoning Code Amendment shall be reviewed and approved by the designated authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals) as follows:

1. Recommending Authority. The designated recommending authority shall review and make recommendations, as appropriate, to the designated approving authority for an application for a Zone Change or a Zoning Code Amendment.
2. Approving Authority. The designated approving authority is authorized to approve, conditionally approve, alter, or deny an application for a Zone Change or a Zoning Code Amendment.

Effective on: 1/1/1901

The Planning Commission shall hold a public hearing to make a recommendation on an application for a Zone Change or Zoning Code Amendment. The Planning Commission’s recommendation shall be forwarded to the City Council, in accordance with Subsection 2.20.140.C of the Menifee Municipal Code. The City Council shall hold a public hearing prior to taking action on an application for a Zone Change or Zoning Code Amendment. Public hearings shall be set and notice given in accordance with Section 9.30.080 (Public Hearing and Notice).

Effective on: 1/1/1901

In approving an application for a Zone Change or Zoning Code Amendment, the City Council may make alterations to the proposal to ensure that the approval will comply with the required findings. Any substantial alteration made to the proposed Zone Change or Zoning Code Amendment that was not previously considered by the Planning Commission must be referred back to the Planning Commission for its recommendation in accordance with Section 9.30.090.F (Approving Authority).

Effective on: 1/1/1901

Prior to approving an application for a Zone Change or Zoning Code Amendment, the approving authority shall make all the following findings, which shall be made by ordinance:

1. The proposed zone or amendments to this Title is consistent with the intent of the goals and policies of the General Plan.
2. The proposed zone or amendments to this Title prescribes reasonable controls and standards to ensure compatibility with other established uses.
3. The proposed zone or amendments to this Title provides reasonable property development rights while protecting environmentally sensitive land uses and species.
4. The proposed zone or amendments to this Title ensures protection of the general health, safety and welfare of the community.

Effective on: 1/1/1901

Written notice of decision shall be provided in accordance with Subsection 9.30.080.G (Notice of Decision).

Effective on: 1/1/1901

Zone Changes and Zoning Code Amendments shall become effective on the 31^st day following the date of approval.

Effective on: 1/1/1901

Actions taken by the City Council on an application for Zone Change or Zoning Code Amendment are final and are not subject to appeal.

Effective on: 1/1/1901

Approved Zone Changes and approved Zoning Code Amendments do not expire.

Effective on: 1/1/1901

No extensions of time are necessary as an approved Zone Change or an approved Zoning Code Amendment do not expire.

Effective on: 1/1/1901

Any modifications affecting an approved Zone Change or an approved Zoning Code Amendment shall be handled as a new application.

Effective on: 1/1/1901

1. Purpose. The purpose of prezoning is to establish the zone for unincorporated property within the sphere of influence, prior to annexation.
2. Review Process. The method of accomplishing prezoning shall be the same as for a Zone Change.
3. Effective Date. Such prezoning shall become effective at the time annexation becomes effective.

Effective on: 1/1/1901