Monrovia City Zoning Code

   The Council shall:

   (A)   Adopt zoning regulations as stated in this title and amendments hereto;

   (B)   Approve any changes to the zoning map;

   (C)   Consider appeals of Commission decisions; and

   (D)   Perform such other duties as are required by state law as set forth in Chapter 2.12.

(`83 Code, § 17.52.010) (Ord. 94-03 § 6, 1994)

   The Commission shall:

   (A)   Review, advise the Council on, and administer regulations of this title and amendments hereto;

   (B)   Grant or deny variances and hillside development permits;

   (C)   Grant, deny, modify, or revoke conditional use permits; and

   (D)   Perform such other duties as are required by the Council or state law as set forth in Chapter 2.52.

(`83 Code, § 17.52.020) (Ord. 94-03 § 6, 1994; Ord. 2001-17 § 6, 2002; Ord. 2025-13 § 1, 2025)

   The Committee shall be responsible for approving minor exceptions, minor conditional use permits and other applications as authorized. The Committee may also approve minor modifications to a development plan approved by the Commission and/or Council as set forth in Chapter 2.52.

(`83 Code, § 17.52.030) (Ord. 94-03 § 6, 1994; Ord. 2004-11 § 12 (part), 2004)

   The Department shall:

   (A)   Advise the Council, Commission and Committee on matters concerning zoning regulations;

   (B)   Maintain records of all matters relating to administration of zoning regulations;

   (C)   Advise the public of the provisions of this title;

   (D)   Issue building permits and certificates of occupancy subject to the provisions of this title.

(`83 Code, § 17.52.040) (Ord. 94-03 § 6, 1994)

   Subject to the provisions of the state Planning and Zoning Law, proceedings to change zones or uses within zones, to alter boundaries of zones, to impose regulations not heretofore imposed, and to remove or modify any regulation heretofore imposed may be initiated and conducted in the following manner:

   (A)   Motion of the Council on its own initiative;

   (B)   By motion of the Commission on its own initiative;

   (C)   By filing with the Commission of an application by the owner(s) of record of the parcel(s) of property for which a change is sought, or by a purchaser thereof under a contract in writing, duly executed and acknowledged by both the buyer and the seller, by a lessee in possession thereof with the written consent of the owner(s) or by the agency of any of the foregoing, duly authorized thereto in writing.

   (D)   Notwithstanding the provisions of this section, no amendment to the General Plan, any applicable specific plan, or this code that would result in a redesignation of property designated as Hillside Wilderness Preserve (HWP) for non-HWP uses or Hillside Recreation (HR) for non-HR uses shall be effective for any purpose unless such amendment is first approved by the voters of the city.

   (E)   Notwithstanding the provisions of this section, no amendment to the specific plan, alternative “C” modified density map, adopted by the voters on July 11, 2000, that results in any increase in the permitted density of development for any property shall be effective for any purpose unless such amendment is first approved by the voters of the city.

   (F)   In the event any amendment requiring voter approval pursuant to divisions (D) or (E) of this section is proposed, the city shall first follow the procedures for adoption or amendment specified in this section and the California Environmental Quality Act. If, following such process, the decision of the City Council is to approve the proposed amendment, the City Council shall take the actions necessary to place the matter on the ballot at the next regular municipal election. The applicant for any such amendment may choose, at the applicant's sole expense, to have the matter considered by the voters at an earlier special election called for that purpose. The applicant shall make such a request to the City Council in writing, together with a cash deposit in the amount reasonably estimated by the City Clerk to be the cost of such special election. At such election, if a majority of those voting vote in favor of the amendment, it shall be approved.

   (G)   If the decision of the City Council is to deny the requested amendment, the City Council's action shall be final, and the matter shall not be submitted for the voters' consideration.

   (H)   The voter approval requirements of this section shall not apply to any of the following actions, provided at least one noticed public hearing is held by the City Council prior to final action:

      (1)   Amendments or adoptions found by the courts or, on the advice of legal counsel, to be necessary to avoid an unconstitutional taking of the landowner's property;

      (2)   Reorganization, renumbering or updating elements of the General Plan in accordance with state law, provided that there in no reduction in the property designated as open space;

      (3)   Amendments or adoptions to designate new or additional property as Hillside Wilderness Preserve or Hillside Recreation.

(`83 Code, § 17.52.050) (Ord. 94-03 § 6, 1994; Ord. 2000-06 § 6, 2000)

   An application for a change of zone shall contain such information as is requested by the Director. The accuracy of all information, maps and lists submitted shall be the responsibility of the applicant. The Department may reject any application that does not supply the information requested.

(`83 Code, § 17.52.060) (Ord. 94-03 § 6, 1994)

   A uniform fee set by Council resolution shall be paid to the city with the filing of each such application, to cover the costs and expenses involved.

(`83 Code, § 17.52.070) (Ord. 94-03 § 6, 1994)

   (A)   No application, other than one initiated by the Commission or Council, shall be accepted, for a change of zone, or other change listed above in this chapter, for the parcels of property, or portions thereof, which have been included in an application upon which final action has been taken by the Council within 12 months prior to the date of said application, for the same or substantially the same change.

   (B)   If, however, a substantial change of circumstances is shown to have occurred since the previous unsuccessful application, the applicant may reapply after the elapse of six months from the final action on the prior application, by applying to the Commission for permission to file the subsequent application for rezoning. A denial by the Commission of permission to file a new application for rezoning may be appealed.

(`83 Code, § 17.52.080) (Ord. 94-03 § 6, 1994)

   (A)   The Commission shall hold one public hearing upon the matters referred to in a petition for a zone change. Additional hearings may be held at the discretion of the Commission.

   (B)   Within 40 days of the first hearing, the Commission shall make a determination and a written recommendation thereof to the Council, unless the matter is continued for further investigation and study.

   (C)   When such hearings, investigations and studies have been completed, the Commission shall render its decision in the form of a written recommendation to the Council.

   (D)   The Council, after receipt of said recommendation, shall hold one public hearing and may in its discretion hold additional hearings, after the completion of which it shall either approve, modify or reject the same.

   (E)   Notice of the public hearing shall be given pursuant to § 17.52.320.

(`83 Code, § 17.52.090) (Ord. 94-03 § 6, 1994)

   The hillside development permit procedure is intended to protect the integrity and character of established neighborhoods and minimize potential environmental impacts of new construction on infill hillside lots. The Planning Commission shall have the power to grant hillside development permits.

   (A)   Application. Application for a hillside development permit shall be filed with the Department on a city application form, together with all fees, plans, maps and any other information required by the Department. Applications shall be reviewed and processed in a manner consistent with the provisions of Cal. Gov't Code § 65090.

   (B)   Public hearing. The Commission shall hold a public hearing to consider applications for hillside development permits.

   (C)   Notice. Not less than ten days before the date of a hearing, public notice shall be given of such hearing in the following manner:

      (1)   By mailing to all owners of real property as shown on the latest equalized assessment roll within 500 feet of the exterior boundaries of the property involved in the application.

      (2)   When a vacant lot is developed, publication in a newspaper of general circulation within the city is also required.

   (D)   Setting of conditions. The Commission shall set forth such conditions as it deems necessary and reasonable to protect the best interests of the surrounding property or neighborhood, and the general plan or the intent thereof.

   (E)   Findings. The Commission shall make its findings and render its decision granting or denying the hillside development permit, in writing, within 40 days after the date of the first hearing, unless continued for further investigation, study or hearing. The Commission shall make the following findings before granting a hillside development permit:

      (1)   That the project provides adequate roadway access for the emergency ingress and egress.

      (2)   That the project provides adequate water, sewer, gas, telephone and electrical utilities.

      (3)   That the project preserves the natural character of the foothills, taking special care to protect environmentally sensitive and valuable ecosystems.

      (4)   That the project utilizes current good practices of design, architecture, landscape architecture, civil engineering, and hillside land planning to develop a project that is sensitive to the environment and compatible with the surrounding neighborhood.

      (5)   That the project provides safety with respect to fire, earthquake faults, drainage, and erosion control.

      (6)   That the project preserves mature trees, rare plant and animal species, riparian ecosystems, significant natural features and prominent ridgelines.

      (7)   That the site is physically suitable for the development.

      (8)   That the proposed development of the lot is consistent with existing development in the area.

   (F)   Decision final. The decision of the Commission shall be final following a ten-day appeal period, unless appealed to the City Council within ten days of the Commission's decision. The development to which the permit applies, if not part of a parcel map or tract map, must begin within one year after the approval of the permit or it will expire. One or more extensions may be granted prior to the expiration date, but the number of extensions may not exceed three years in total. If it is part of a parcel map or tract map application, the hillside development permit shall remain in effect as long as the map is active.

(`83 Code, § 17.52.095) (Ord. 2001-17 § 7, 2002)

   (A)   Variances from the terms of this title shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.

   (B)   Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which much property is situated.

   (C)   A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property. The provisions of this chapter shall not apply to conditional use permits.

(`83 Code, § 17.52.100) (Ord. 82-35 § 1 (part), 1982; Ord. 94-03 § 6, 1994)

   (A)   In appropriate cases the Committee shall have the power to grant minor exceptions to the development standards of this title in those cases where such minor exceptions are warranted by practical difficulties, unnecessary hardships or results that may be inconsistent with the general intent of the code. The Committee shall have the power to grant the following deviations from the provisions of this title:

      (1)   An increase of up to 10% in floor area ratio over the maximum allowed;

      (2)   A reduction in setbacks as follows:

         (a)   Front setback: 15% maximum reduction;

         (b)   Side setback: two feet maximum reduction, or for additions in alignment with an existing structure, a minimum three feet from the property line;

         (c)   Rear setback: 20% maximum reduction;

         (d)   Between buildings: 20% maximum reduction, with the exception of single-family developed lots that may be considered at a 30% maximum reduction;

         (e)   In the Residential Foothill Zone for lots with graded pads: a 20% maximum reduction for all setbacks.

         (f)   Front or side setback for open-air non-habitable accessory structures: setback reductions for non-habitable, architecturally compatible, open-air (unenclosed) accessory structures (such as arbors, trellises, pergolas, or similar elements) in bungalow courts, as provided in § 17.12.070(C).

      (3)   Exceptions pertaining to swimming pools;

      (4)   Allow an addition to a residential structure in any residential zone to exceed the maximum building height for the structure to match the height of the original house if the home is architecturally or historically significant.

      (5)   Up to 5% reduction of the minimum floor area for dwelling units;

      (6)   Exceptions pertaining to fences, hedges and walls;

      (7)   Allowance of the use of common recreation space as a substitute for private recreation space;

      (8)   Area, width and setback reductions up to 10% of the amount prescribed for service stations;

      (9)   Deviations pertaining to parking requirements with the following exceptions:

         (a)   Parking reductions for existing single-family and existing multiple-family residential units, except for the elimination of all parking;

         (b)   Over a 10% reduction in parking for nonresidential uses;

      (10)   Deviations pertaining to the sign regulations.

   (B)   Applications for minor exceptions shall be made to the Committee in writing. The application shall contain such information as is requested by the Director.

   (C)   Notice of the public hearing shall be mailed or delivered at least ten days prior to the hearing to all owners of real property, as shown on the latest equalized assessment roll, within 100 feet of the real property that is the subject of the hearing. In lieu of utilizing the assessment roll, the local agency may utilize records of the County Assessor or Tax Collector which contain more recent information than the assessment roll.

(`83 Code, § 17.52.110) (Ord. 94-03 § 6, 1994; Ord. 96-06 § 4, 1996; Ord. 99-03 § 4, 1999; Ord. 2004-11 § 14, 2004; Ord. 2005-01 § 7, 2005; Ord. 2016-08 §§ 34, 35, 2016; Ord. 2025-11 § 10, 2025)

   (A)   Excepting exceptions which may be granted by the Committee as set forth in § 17.52.110 above, the Commission, upon its own motion, may, or upon the verified application of any interested person, shall initiate proceedings for consideration of the granting of a variance from the provisions of this title, pursuant to state law.

   (B)   Applications for variances shall be made to the Commission in writing, and shall contain such information as may be specified by the Director.

   (C)   A uniform fee set by Council resolution shall be paid to the city upon filing of each application.

   (D)   The Commission shall hold one public hearing upon the matters referred to on the application. Additional hearings may be held at the discretion of the Commission. Within 40 days of said first hearing, the Commission shall make a determination and report thereof, unless the matter is continued for further investigation and study.

   (E)   Notice of the public hearing shall be given pursuant to § 17.52.320.

   (F)   The decision of the Commission shall be final, following a ten-day appeal period. The use or development to which the variance applies, if not part of a parcel map or tract map, must begin within one year after its approval or it will expire. One or more extensions may be granted prior to the expiration date, not to exceed three years in total. If the variance is part of a parcel map or tract map application, the variance approval shall remain in effect as long as the map is active.

(`83 Code, § 17.52.120) (Ord. 94-03 § 6, 1994; Ord. 97-07 § 3, 1997)

   Certain uses may be permitted in a zone subject to securing a conditional use permit when such uses or any associated development are in conformance with the provisions of the general plan and are not detrimental to existing uses or those permitted in the zone. Minor conditional use permits may be granted by the Committee and major conditional use permits may be granted by the Commission, which, in their opinion, will help to safeguard the health, safety and property values in the zone. Minor and major conditional use permits may be modified or revoked by the Commission after notice and a public hearing, as provided in § 17.52.325.

(`83 Code, § 17.52.130) (Ord. 94-03 § 6, 1994; Ord. 2025-13 § 2, 2025)

   In appropriate cases as listed in Chapters 17.08 and 17.46, the Committee shall have the power to grant minor conditional use permits.

(`83 Code, § 17.52.140) (Ord. 94-03 § 6, 1994; Ord. 2011-04 § 11, 2011)

   Applications for minor conditional use permits shall be made to the Committee, in writing, and shall contain such information as may be specified by the Director.

(`83 Code, § 17.52.150) (Ord. 94-03 § 6, 1994)

   A uniform fee, set by Council resolution, shall be paid to the city upon the filing of each application.

(`83 Code, § 17.52.160) (Ord. 94-03 § 6, 1994)

   The Committee shall investigate the facts bearing on each case to provide information necessary to assure action consistent with the intent and purpose of this title.

(`83 Code, § 17.52.170) (Ord. 94-03 § 6, 1994)

   The Committee shall hold a public hearing to consider applications on minor conditional use permits.

(`83 Code, § 17.52.180) (Ord. 94-03 § 6, 1994)

   Notice of the public hearing shall be given pursuant to § 17.52.320.

(`83 Code, § 17.52.190) (Ord. 94-03 § 6, 1994)

   The Committee shall make its findings and render its decision granting or denying the minor conditional use permit in writing within 40 days after the date of the first hearing, unless continued for further investigation, study or hearing. The Committee shall make the following findings before granting a minor conditional use permit:

   (A)   That the site is adequate in size, shape and topography for the proposed use;

   (B)   That the site has sufficient access to streets and highways, adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use;

   (C)   That the proposed use is compatible with the general plan and any applicable specific plan, and will not adversely impact the objectives of the general plan and any applicable specific plan;

   (D)   That the use will comply with the applicable provisions of the zoning ordinance, except for approved variances;

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

(`83 Code, § 17.52.200) (Ord. 94-03 § 6, 1994)

   The Committee shall set forth such conditions as it deems necessary and reasonable to protect the best interests of the surrounding property or neighborhood, and the general plan or the intent thereof.

(`83 Code, § 17.52.210) (Ord. 94-03 § 6, 1994)

   The decision of the Committee shall be final following a ten-day appeal period unless appealed to the Planning Commission with ten days of the Committee's decision. The use or development to which the conditional use permit applies must begin within one year after its approval or it will expire unless extended by the Committee prior to said expiration.

(`83 Code, § 17.52.220) (Ord. 94-03 § 6, 1994)

   In appropriate cases as listed in Chapter 17.08, the Commission shall have the power to grant major conditional use permits.

(`83 Code, § 17.52.230) (Ord. 94-03 § 6, 1994)

   Applications for major conditional use permits shall be made to the Commission, in writing, and shall contain such information as may be specified by the Director.

(`83 Code, § 17.52.240) (Ord. 94-03 § 6, 1994)

   A uniform fee, set by Council resolution, shall be paid to the city upon the filing of each application.

(`83 Code, § 17.52.250) (Ord. 94-03 § 6, 1994)

   The Commission shall investigate the facts bearing on each case to provide information necessary to assure action consistent with the intent and purpose of this title.

(`83 Code, § 17.52.260) (Ord. 94-03 § 6, 1994)

   The Commission shall hold a public hearing to consider applications for major conditional use permits.

(`83 Code, § 17.52.270) (Ord. 94-03 § 6, 1994)

   Notice of the public hearing shall be given pursuant to § 17.52.320.

(`83 Code, § 17.52.280) (Ord. 94-03 § 6, 1994)

   The Commission shall make its findings and render its decision granting or denying the major conditional use permit in writing within 40 days after the date of the first hearing, unless continued for further investigation, study or hearing. The Commission shall make the following findings before granting a major conditional use permit:

   (A)   That the site is adequate in size, shape and topography for the proposed use;

   (B)   That the site has sufficient access to streets and highways, adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use;

   (C)   That the proposed use is compatible with the General Plan and any applicable specific plan, and will not adversely impact the objectives of the General Plan and any applicable specific plan;

   (D)   That the use will comply with the applicable provisions of the zoning ordinance, except for approved variances;

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

(`83 Code, § 17.52.290) (Ord. 94-03 § 6, 1994)

   The Commission shall set forth such conditions as it deems necessary and reasonable to protect the best interests of the surrounding property or neighborhood, and the general plan or the intent thereof.

(`83 Code, § 17.52.300) (Ord. 94-03 § 6, 1994)

   The decision of the Commission shall be final, following a ten-day appeal period, unless appealed to the City Council within ten days of the Commission's decision. The use or development to which the major conditional use permit applies, if not part of a parcel map or tract map, must begin within one year after its approval or it will expire. One or more extensions may be granted prior to the expiration date, not to exceed three years in total. If the conditional use permit is part of a parcel map or tract map application, the conditional use permit approval shall remain in effect as long as the map is active.

(`83 Code, § 17.52.310) (Ord. 94-03 § 6, 1994; Ord. 97-07 § 4, 1997)

   When an application requires notice of public hearing to be given, notice shall be given in all of the following ways:

   (A)   Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to the owner of the subject real property or the owner's duly authorized agent, and to the project applicant.

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

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

   (D)   If the notice is mailed or delivered pursuant to division (C), the notice shall also either be:

      (1)   Published in at least one newspaper of general circulation within the city which is conducting the proceeding at least ten days prior to the hearing;

      (2)   Posted at least ten days prior to the hearing in at least three public places within the boundaries of the city, including one public place in the area directly affected by the proceeding.

   (E)   Notice of hearing in residential zones shall also be given in the following manner:

      (1)   For all residential zones (except as noted), the properties fronting the street upon which the subject property is located up to the intersecting streets shall be notified.

      (2)   In the RF zone, owners of real property within 500 feet of the real property that is the subject of the hearing shall be notified.

(`83 Code, § 17.52.320) (Ord. 94-03 § 6, 1994)

   (A)   If the Director determines there is evidence to present to the Commission which may support the modification or revocation of a minor or major conditional use permit as provided in § 17.52.325(B), the Director may initiate a modification or revocation proceeding before the Commission.

   (B)   Upon initiation of a modification or revocation proceeding, and following notice to the permit holder, the Commission shall hold a duly-noticed public hearing on the possible modification or revocation of a minor or major conditional use permit. Notice of the public hearing shall be provided pursuant to § 17.52.320. After such hearing, the Commission may modify or revoke the conditional use permit if the Commission determines there is substantial evidence that:

      (1)   The permittee has violated, on more than one occasion, a condition of their conditional use permit, or violated, on more than one occasion, any provision of this code that applies to the operation of the conditionally permitted activity or the land on which it is located and has failed to correct such violation after notice from the city; or

      (2)   The conditional use permit was obtained in a fraudulent manner; or

      (3)   The use as operated is detrimental to the public health or safety, or is a nuisance, or is detrimental to existing uses or those permitted in the zone; or

      (4)   One or more of the required findings made in conditionally approving the use is no longer valid.

   (C)   The decision of the Commission shall be final unless appealed to the City Council within ten days of the Commission’s decision in the manner provided in § 2.52.070.

(Ord. 2025-13 § 3, 2025)

      (1)   Applications for reasonable accommodation shall be made to the Department of Community Development in writing, and shall contain such information as may be specified by the Director.

      (2)   A uniform fee set by Council resolution shall be paid to the city upon the filing of each application.

      (3)   Requests must demonstrate a clear nexus between the request and a disability. It is the applicant's responsibility to describe the connection between the disability and the reasonable accommodation requested by the applicant, and the application shall include:

         (a)   The specific code section, regulation, procedure, or policy of the city from which relief is sought;

         (b)   A site plan or illustrative drawing showing the proposed accommodation, if applicable;

         (c)   An explanation of why the specified code section, regulation, procedure, or policy is denying, or will deny a person with a disability equal opportunity to use and enjoy the dwelling;

         (d)   The basis for the claim that the fair housing laws apply to the applicant and evidence satisfactory to the Director supporting the claim, which may include a letter from a medical doctor or other licensed health care professional, a disabled license, or any other appropriate evidence;

         (e)   A detailed explanation of why the accommodation is reasonable and necessary to afford the person with the disability an equal opportunity to use and enjoy the dwelling; and

         (f)   Any other information required to make the findings required by § 17.52.327(E), consistent with the fair housing laws.

      (4)   When an application is made, the city may engage in an interactive process with the applicant to devise alternative accommodations that provide the applicant with an opportunity to use and enjoy a dwelling, where such alternative accommodations would reduce impacts to neighboring properties and residents or the surrounding area.

      (1)   (a)   The Director of Community Development shall have the authority to consider and act on requests for reasonable accommodation. Alternatively, the Director of Community Development may refer the application to the Development Review Committee for an administrative review and determination.

         (b)   Applications referred to the Development Review Committee may include, but are not limited to, requests that could result in a physical modification to the property that cannot be easily restored or terminated after the reasonable accommodation is no longer needed and may cause a significant adverse impact on an adjacent property. Notice of the public meeting for applications that are referred to the Development Review Committee shall be mailed at least ten days prior to the meeting to all owners of real property abutting the subject site, utilizing the records of the County Assessor.

      (2)   Requests for reasonable accommodation submitted concurrently with another discretionary land use application shall be reviewed by the hearing body having the review authority over the discretionary land use application.

      (3)   The review and determination of requests for reasonable accommodation shall be based on the ability to make the required findings as set forth in § 17.52.327(E).

      (1)   That the dwelling, which is the subject of the request for reasonable accommodation, shall be used by an individual with a disability who is protected under state or federal fair housing laws.

      (2)   That the requested accommodation is necessary to afford an individual with a disability equal opportunity to use and enjoy a dwelling.

      (3)   That the requested accommodation will not impose an undue financial or administrative burden on the city.

      (4)   That the requested accommodation will not require a fundamental alteration to the city's zoning, building, or land use laws, regulations, policies and/or procedures.

      (1)   The reviewing authority shall set forth the findings and any conditions of approval in a written decision, which shall be sent to the applicant.

      (2)   In granting a request for reasonable accommodation, the reviewing authority may impose conditions to ensure that the reasonable accommodation complies with the findings required by this section. Conditions also may be imposed to ensure that any removable structures or physical design features that are constructed or installed in association with the reasonable accommodation request shall be removed once those structures or physical design features are no longer necessary to accommodate a person with a disability or to reduce impacts upon neighboring properties.

      (3)   The decision of the Director of Community Development shall be final, unless appealed by the applicant to the Development Review Committee in writing within ten days of the Director's decision. Decisions of the Development Review Committee shall be final unless within ten days after the decision by the Development Review Committee, the applicant or any other person aggrieved by such decision submits an appeal to the Planning Commission in accordance with § 2.56.050. Decisions of the Planning Commission shall be final unless within ten days after the decision by Planning Commission, the applicant or any other person aggrieved by such decision submits an appeal to the City Council in accordance with § 2.52.070.

      (4)   The use or development to which the reasonable accommodation applies shall begin within one year after its approval or it will expire unless extended by the reviewing authority prior to its expiration.

(Ord. 2014-08 § 9, 2014; Ord. 2020-12 § 10, 2021)

   (A)   No building erected, moved, enlarged or altered shall be occupied, used or changed in use until a certificate of occupancy has been issued by the Department.

   (B)   Such certificate shall be applied for coincidentally with the application for a building permit and shall be issued only after such building, erection, enlargement, or alteration has been completed in conformity with the provisions of this title and when the proposed use conforms thereto. Any use legally occupying an existing building at the time this title became effective may be continued, but shall not be changed unless a certificate of occupancy for the new use has been issued by the Department, after finding that such use conforms with the provisions of this and other applicable titles and ordinances.

(`83 Code, § 17.52.330) (Ord. 94-03 § 6, 1994)

   It shall be the duty of the Department to enforce the provisions of this title pertaining to the location, design, erection, construction, reconstruction, moving, conversion, alteration of, or addition to, any building structure or other improvements; and to enforce the requirements of occupancy in any dwelling, apartment house, or other building not otherwise regulated by the license officer as stated in this title.

(`83 Code, § 17.52.340) (Ord. 94-03 § 6, 1994)

   It shall be the duty of the Police Department of the city to assist the Department, License Officer, or other administrative officer or agent of the city in enforcing all of the requirements of this title pertaining to land use, development or occupancy, and it shall be the duty of all police officers to service all complaints filed or to be filed against all persons violating any of the requirements of this title unless such action is otherwise delegated, as stated in this title.

(`83 Code, § 17.52.350) (Ord. 94-03 § 6, 1994)

   The City Council shall adopt CEQA guidelines for the city consistent with the environmental review procedures required by the California Environmental Quality Act. Evaluation of projects subject thereto shall be consistent with the CEQA guidelines.

(`83 Code, § 17.52.360) (Ord. 94-03 § 6, 1994)

   The city official responsible for processing any application pursuant to this title shall consult with the Director of Public Works or his or her designee to determine whether such application proposes new construction or other development within a flood-prone area per Chapter 15.48 of this code.

(Ord. 2006-09 § 4, 2006)

   The applicant of a residential or mixed-use development project approved pursuant Chapter 17.38 or Chapter 17.42 shall agree to construct, operate and maintain affordable units in accordance with an affordable housing agreement with the city or the city's designee. The affordable housing agreement shall be executed in a recordable form prior to the issuance of a building permit for any portion of a housing development subject to the requirements of Chapters 17.38 and 17.42. The affordable housing agreement shall be recorded and binding upon all future owners and successors in interest.

            1.   The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining the affordable units for qualified tenants.

            2.   Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with Chapters 17.38 and 17.42.

            3.   Provisions requiring owners to submit an annual report to the city, which includes the name, address and income of each person occupying each affordable unit, and which identifies the bedroom size and monthly rent or cost of each affordable unit.

            6.   Upward mobility allowance. When a tenant occupying an affordable unit no longer qualifies under the income requirements, verified through the monitoring program required as part of the affordable housing agreement, that tenant may then be charged market rate rent. If this occurs, any currently vacant unit of similar type to the affordable unit in question or, if no vacancies exist at the time of the conversion, the next market rate unit that becomes available, shall then immediately be designated as an affordable unit, and the owner shall immediately attempt to secure tenants in accordance with Chapters 17.38 and 17.42 . The owner is required to maintain at all times during the use restriction the minimum number of affordable units identified in the affordable housing agreement.

            1.   Affordable units shall be sold to eligible very low-income, low-income or moderate-income households at an affordable sales price and housing cost, or to qualifying residents in the case of a senior citizen housing development.

            2.   Affordable units shall be owner-occupied by eligible very low-income, low-income or moderate-income households, or by qualifying residents in the case of a senior citizen housing development.

            3.   The initial purchaser of each affordable housing unit shall execute an affordable housing agreement approved by the Director and City Attorney restricting the sale of the affordable housing unit in accordance with Chapters 17.38 and 17.42 during the applicable use restriction period. Such agreement shall be recorded against the parcel containing the affordable housing unit, shall run with the land for the term of the restriction, and shall contain such provisions as the city may require to ensure continued compliance with Chapters 17.38 and 17.42.

            4.   The affordable housing agreement shall stipulate that, when the terms of affordability expire on an affordable unit, the city and/or a qualified nonprofit housing organization identified by the city shall have a first right of purchase option 60 days prior to the affordable unit being advertised on the market.

            5.   For density bonus projects subject to Chapter 17.38, the affordable unit is subject to an equity sharing agreement that complies with Cal. Gov't Code § 65915(c)(2), as may be amended from time to time, unless such requirement conflicts with another public funding source or law, in which case the agreement may defer to the recapture provisions of that funding source.

            6.   Leasing, subleasing, or other non-owner occupancy of affordable ownership units shall be prohibited, unless expressly authorized by the city or the city's designee under limited circumstances.

            7.   Affordable units shall be completed on the same schedule as similarly located market rate units.

      (9)   Other provisions. Other provisions deemed necessary by the Director or the City Attorney to ensure implementation and compliance with Chapters 17.38 and 17.42 .

(Ord. 2025-09 § 17, 2025)