Moreno Valley City Zoning Code
CHAPTER 9
02 PERMITS AND APPROVALS
§ 9.02.010 Purpose and intent.
These provisions identify permitted uses and prescribe the procedures for filing applications for permits, variances, appeals, amendments, approvals and the like, and the procedures for processing and consideration when required or permitted by this chapter or by other provisions in this title.
(Ord. 359, 1992)
§ 9.02.020 Permitted uses.
The following tables contain columns with headings identifying zoning districts, and list uses by indicating the zoning district or districts in which each use is permitted or allowed and whether the stated use is permitted subject to district requirements, or whether the stated use is allowed only after obtaining a conditional use permit. Where the table indicates, a use is allowed with conditional use permit, unless otherwise expressly provided, all district uses and other standards and requirements shall apply. Permitted Uses Table 9.02.020-1 identifies all zoning districts within the city except for the mixed-use zones/corridors and mixed-use overlay districts, which are in Permitted Uses Table 9.02.020-2.[1]
(Ord. 359, 1992; Ord. 386 § 1, 1993; Ord. 398 § 1, 1993; Ord. 433 § 1, 1994; Ord. 449 § 1, 1995; Ord. 464 § 1, 1995; Ord. 468 § 1, 1995; Ord. 474 § 1, 1995; Ord. 488 § 1, 1996; Ord. 508 § 1, 1996; Ord. 513 § 1, 1997; Ord. 528 § 1, 1997; Ord. 540 § 1, 1998; Ord. 558 § 2, 2000; Ord. 567 § 2, 2000; Ord. 575 § 2, 2000; Ord. 590 § 2, 2001; Ord. 604 § 2, 2002; Ord. 613 § 6, 2002; Ord. 655 § 2, 2004; Ord. 684 § 2, 2005; Ord. 693 § 2, 2005; Ord. 757 § 2, 2008; Ord. 808 § 2, 2010; Ord. 810 § 3, 2010; Ord. 819 § 3, 2010; Ord. 864 § 3, 2013; Ord. 869 § 3, 2013; Ord. 912 §§ 17, 22, 2016; Ord. 917 § 5, 2016; Ord. 932 § 4, 2018; Ord. 968 § 2, 2020; Ord. 981 § 3, 2021; Ord. 990 §§ 3, 4, 2022; Ord. 994 § 3, 2023; Ord. 999 § 3, 2023; Ord. 1005, 12/19/2023; Ord. 1013, 6/25/2024)
[1]
Editor's Note: Said tables are included as an attachment to this title.
§ 9.02.030 Development review process.
The purpose and intent of this section is to identify types of development review process or processing and to establish, by application type, the procedures and requirements for each type of development review process.
A.
Minor Development Review Process.
1.
Purpose and Intent. The purpose of minor development review is to provide a process for administrative review of development projects which are of limited size and scope. The intent of this process is to ensure that such limited projects comply with all applicable city guidelines, standards and ordinances; are not detrimental to the public health, safety or welfare; and are not materially damaging to surrounding properties or improvements. The minor development review process shall not be construed to include routine maintenance, reconditioning of an existing building, or other land use approvals construed to fall under Section 9.02.170 of the development code. Routine maintenance includes, but is not limited to, painting, stucco work, repairing existing buildings, and parking lot resurfacing/restriping.
2.
Authority. The community development director is authorized to approve, approve with reasonable conditions, or disapprove applications for minor development review. In approving an application, the community development director may impose reasonable conditions to ensure compliance with this title. Conditions may include requirement for open spaces, buffers, walls, fences and screening; requirements for street improvements and dedications, regulation of vehicular ingress, egress and traffic circulation; requirements for installation and maintenance of landscaping and erosion control measures; regulations of signs; regulations of hours of operation; establishment of time limits for performance or completion; and such other conditions as the community development director may deem necessary to make the determinations required by subsection (A)(6) of this section.
3.
Minor Development Review Criteria. Unless otherwise specified for major development review pursuant to criteria outlined in subsection (B)(2) of this section, applications which include any of the following criteria shall be subject to the minor development review process and approval by the community development director:
a.
Parking lot construction, reconstruction or expansion;
b.
Construction, reconstruction or expansion of outdoor storage areas which are a permitted use in the applicable zone;
c.
Construction and/or placement of satellite dishes, antennas, roof- or ground-mounted equipment visible from public view, or similar structures or equipment, as determined by the community development director;
d.
New structures or additions which qualify for a categorical exemption pursuant to the California Environmental Quality Act (CEQA) and city of Moreno Valley "Rules to Implement CEQA";
e.
Development of any other uses, facilities, or structures for which minor development review is specified elsewhere in this title;
g.
Exterior remodeling of industrial, commercial or multifamily facilities;
h.
Model homes and changes in production unit sizes within single-family residential tracts, except as otherwise provided in Section 9.08.210 of this title.
i.
Projects within existing commercial centers when consistent with existing zoning.
4.
Applications. An application for a minor development review shall be filed with the community development department in a manner prescribed by the community development director.
5.
Project/Design Review. If it is determined by the community development director that the site contains unique or unusual characteristics and therefore requires additional design review, the community development director may refer the application to the project review staff committee.
6.
Required Determinations. Before granting approval of a minor development review application, the community development director shall make the following determinations:
a.
That the proposed project is consistent with the goals, objectives, policies and programs of the Moreno Valley general plan and any applicable specific plan;
b.
That the proposed project, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity;
c.
That the proposed project is in compliance with each of the applicable provisions of this title.
B.
Major Development Review Process.
1.
Purpose and Intent. The major development review process is intended to implement general plan policies and other adopted policy and design standards, regulations and guidelines. To achieve quality development that is functionally as well as aesthetically enhancing to the community, and to minimize adverse effects on surrounding properties and the environment, the purposes of major development review are to ensure the following:
a.
That the location and configuration of structures developed within the city are visually harmonious with their sites and with natural landforms and surrounding sites, structures, and streetscapes;
b.
That the proposed design produces harmonious transitions in both the scale and character of development between adjacent land uses;
c.
That site access and circulation thereon is safe and convenient for pedestrians, bicyclists and vehicles;
d.
That adverse environmental effects are minimized;
e.
That building site and architectural design is accomplished in an energy-efficient manner;
f.
That the materials, textures, colors and details of proposed construction are an appropriate expression of the design concept and function, and are, to the extent feasible, compatible with the adjacent and neighboring structures and functions;
g.
That development proposals do not unnecessarily block scenic views from other buildings or from public ways, or visually dominate their surroundings with respect to mass and scale, to an extent inappropriate to their use;
h.
That the amount, location and configuration of open space and landscaping conforms to the requirements of this title, provides visually pleasing settings, and is appropriate to the design and function of the structure, site and surrounding area;
i.
That the design and location of signs and their materials and colors are consistent with the scale and character of the buildings to which they are attached or are located on the same site, and to ensure visual harmony between signs and surrounding developments;
j.
That excessive and unsightly grading of hillsides does not occur, and to ensure the preservation of the character of natural landforms and existing vegetation where feasible;
k.
That excellence in architectural design is maintained in order to enhance the visual environmental of the city and to protect the economic value of existing structures;
l.
That historically significant structures and sites are developed as much as possible in a manner consistent with their historic values;
m.
That the public health, safety and general welfare are protected;
n.
That development plans comply with applicable policies, standards, ordinances and design guidelines.
2.
Authority.
a.
Discretionary projects, which are not specifically subject to minor development review pursuant to the provisions of subsection A of this section, shall be subject to the major development review process.
b.
Unless the city council is designated as the approving body, the planning commission is authorized to approve, conditionally approve or disapprove projects subject to the major development review process.
3.
Conditions of Approval. In approving an application subject to the major development review process, conditions may be imposed to ensure compliance with applicable city regulations. Conditions may include:
a.
Requirements for fences and walls, screening and buffering of adjacent properties, open spaces, and installation and maintenance of landscaping and erosion control measures;
b.
Requirements for street improvements and dedications, regulation of vehicular ingress and egress, and traffic circulation;
c.
Regulation of signs;
d.
Regulation of hours or other characteristics of operation;
e.
Establishment of time limits for performance or completion; and
f.
Such other conditions as may be deemed necessary to ensure compatibility with surrounding uses; to preserve the public health, safety and welfare; and to enable the planning commission to make the findings supporting its decision, as required by subsection (B)(5) of this section.
4.
Project/Design Review Procedure.
a.
Upon determination that an application is complete, the proposed project shall be forwarded to the project review and community development director for their review and comment.
b.
In addition to the project review committee and the community development director, projects subject to the provisions of subsection shall also be submitted to such other city committees and boards, as may be required by the provisions of this title, as well as to such other committees and boards as the community development director determines to be appropriate.
c.
Each committee or board to which a project is submitted pursuant to the provisions of this subsection shall review the case at its first available meeting and supply written recommendations to the community development director.
d.
In addition to city committees and boards, the community development director shall forward the proposed project to such other public agencies whose operations or areas of responsibility could be affected by the proposed project for their review and comment.
e.
If after review and consideration pursuant to subsections (B)(4)(a) through (B)(4)(d) of this section, the project is determined to be unacceptable, the community development director shall inform the applicant of identifiable issues, and suggest alternatives to resolve such issues. The applicant shall then be directed to return with revisions and/or work with staff to resolve issues prior to public hearing or decision by the planning commission.
5.
Findings. Following the noticed public hearing pursuant to Section 9.02.200 of this chapter and unless otherwise specified in this chapter, the planning commission shall make the following findings before approving a major development review application:
a.
That the proposed project is consistent with the general plan;
b.
That the proposed use is in compliance with each of the applicable provisions of this title;
c.
That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity of the proposal.
C.
Development Review Index. The following list indicates the review process required for each application type shown.
Development Review Index Table 9.02.030-2 | |
|---|---|
Major*** Development Review | Minor Development Review |
General Plan Amendment | * Lot Line Adjustment |
** Specific Plan | * Lot Merger |
Zone Change | * Certificate of Compliance |
Conditional Use Permit | Home Occupation Permit |
Plot Plan | Large Family Day Care Permit |
Variance | Temporary Use Permit |
* Tentative Tract Map | Administrative Variance |
* Tentative Parcel Map | Administrative Plot Plan |
* Vesting Map | **** Model Home Complex |
* Reversion to Acreage | Extension of Time for Any Major Development Review Projects |
Surface Mining Permit | Sign Permits |
Development Agreements | |
Extension of Time for Any Major Development Review | |
Notes: | |
|---|---|
* | Refer to Chapter 9.14 (Land Divisions) of this title for further information. |
** | Refer to Chapter 9.13 (Specific Plans) of this title for further information. |
*** | Requires a noticed public hearing pursuant to Section 9.02.200 of this chapter before planning commission and/or city council as established in each section of this title specifying findings for each major development review. |
**** | Subject to the provisions contained in Section 9.08.210 of this title. |
D.
Concurrently Filed Applications. An application which is dependent on approval of a change of zone or other enabling application(s) shall be processed concurrently with such enabling application(s). Approval authority for such dependent application(s) shall be vested with the body authorized to approve the enabling application(s).
(Ord. 359, 1992; Ord. 393 §§ 1.4, 1.5, 1.6, 1993; Ord. 398 § 1.12, 1993; Ord. 402 § 1.5, 1993; Ord. 426 §§ 3.1(c), 3.2, 3.3, 1994; Ord. 475 § 1.4, 1995; Ord. 534 § 1.1, 1998; Ord. 694 § 1.1, 2005; Ord. 698 § 3.1 (a), 2005; Ord. 975 § 3, 2021)
§ 9.02.040 General plan amendments.
A.
Purpose and Intent. As conditions within the city change, it may, from time to time, become necessary to amend the general plan to enhance its effectiveness. In addition, state law requires that the general plan be periodically updated. The purpose of this section is to provide a method for amending the general plan to ensure its continued effectiveness.
B.
Authority. Authority for approval of general plan amendments shall be vested in the city council. The community development director and planning commission shall provide recommendations to the city council regarding general plan amendments. The city council may amend all or part of the general plan, or any element thereof. All zoning districts, any specific plan and other plans of the city that are applicable to the same areas or matters affected by the general plan amendment, and which by law must be consistent with the general plan, shall be reviewed and amended concurrently as necessary to ensure consistency between the general plan and implementing zoning, specific plans, and other plans.
C.
Restriction on Number of Amendments. Except as otherwise specified by state law (e.g., Government Code Section 65358), no mandatory element of the general plan shall be amended more frequently than four times during any calendar year.
D.
Initiation of Amendments to the General Plan. An amendment to the general plan or any element thereof may be initiated by any of the following actions:
1.
Recommendation of the planning commission and city council concurrence;
2.
Recommendation of the city council; and
3.
A privately filed application involving a change in land use designation for a specific property shall be submitted by the property owner or the owner's authorized agent and shall be accompanied by all required applications. Applications for amendment limited to changes in goals, objectives, policies and implementing actions may be submitted by any affected party. General plan amendment actions for any element, as necessary, will occur on approximately a quarterly basis.
E.
Limited Review. Amendments to the general plan or any element thereof shall be reviewed and considered prior to the submittal of any related development applications for quasi-judicial actions, such as, but not limited to, conditional use permits, subdivision maps, and plot plans.
F.
Authority and Hearings. Authority for approval of general plan amendments shall be vested in the city council. The community development director and planning commission shall provide recommendations to the city council regarding general plan amendments.
1.
Planning Commission Review.
a.
A public hearing before the planning commission shall be noticed in accordance with Section 9.02.200 of this chapter and held within a reasonable time (unless otherwise specified by state law), after the close of the quarterly filing period in which a privately initiated application is deemed complete and after required environmental documentation has been completed. A longer period of time may be prescribed by the city council in the case of a city-initiated amendment.
b.
The planning commission shall make a written recommendation on the proposed amendment to approve, approve in modified form or disapprove.
c.
Planning commission action recommending disapproval of proposed general plan amendment, regardless of how such amendment was initiated, shall be final unless appealed pursuant to the provisions of Section 9.02.240 of this chapter, within 10 consecutive calendar days after the planning commission's recommended disapproval or unless the city council assumes jurisdiction by the request of any member thereof, prior to the end of the 10 day appeal period.
2.
City Council Review and Action. A public hearing before the city council shall be noticed in accordance with Section 9.02.200 of this chapter and held on the earliest appropriate date after the recommendation of the planning commission to approve a proposed general plan amendment or appeal of a decision by the planning commission to disapprove a proposed general plan amendment or a decision by the city council or at least two council members to hear the matter. The city council may approve, approve with modifications, or disapprove any proposed amendment. Prior to council action, any substantial modification proposed by the city council which was not previously considered by the planning commission shall first be referred to the planning commission for its recommendation. Failure of the planning commission to report within 45 calendar days, or within the time period set by the city council, shall be deemed a recommendation for approval.
G.
Required Findings. An amendment to the text or maps of the general plan may be made if:
1.
The proposed general plan amendment will promote public health, safety, and welfare;
2.
The proposed general plan amendment will not eliminate or omit any mandatory element of the general plan;
3.
The proposed general plan amendment will not create any internal inconsistencies within the general plan;
4.
The proposed general plan amendment was adequately reviewed under the California Environmental Quality Act; and
5.
The proposed general plan amendment is in the public interest.
§ 9.02.050 Amendments to zoning districts or other provisions of Title 9.
A.
Purpose and Intent. This section establishes the procedures for amendments to this title. The amendment process is necessary to ensure compliance with the procedures required by state law, and to establish a reasonable and fair means to allow amendments and changes which will ensure consistency with the general plan, and to ensure that amendments to this title will provide a public benefit to the community beyond those that may be unilaterally imposed by the city through the traditional exaction process.
B.
Initiation of Amendments to Zoning Districts and Other Provisions of Title 9. An amendment to this title, including the zoning classification or redistricting of any property may be initiated by any of the following actions:
1.
Recommendation of staff or the planning commission;
2.
Recommendation of the city council;
3.
An application from a property owner or his authorized agent, relating to the owner's property, filed with all required applications; or
4.
An application from any affected party, which does not request redistricting of property.
C.
Term. Any amendment approved under this section shall terminate 12 months following the final approval, without any further action by the city, unless otherwise provided in a development agreement approved by the city pursuant to Section 9.02.110 of this title.
D.
Authority.
1.
Authority for approval of amendments to this title, including amendments to the zoning atlas (relating to change in zoning classification or redistricting), shall be vested in the city council. Amendments to this title may be adopted by the city council in the same manner as other ordinances, except when an amendment is proposed to the zoning atlas by changing any property from one zone classification to another or proposes, removes or modifies any of the following regulations, then the public hearing procedures of Section 9.02.200 of this chapter shall be followed. The proposed removal or modification of the following regulations shall be subject to the hereinafter prescribed public hearing procedures:
a.
Regulating the use of buildings, structures and land as between industry, business, residences, open space, including agriculture, recreation, enjoyment of scenic beauty, use of natural resources and other purposes;
b.
Regulating signs and billboards;
d.
Establishing requirements for off-street parking and loading;
e.
Establishing and maintaining building setback lines;
f.
Creating civic districts around civic centers, public parks, public buildings, or public grounds, and establishing regulations for those civic districts.
2.
The community development director and planning commission shall provide recommendations to the city council regarding amendments which require public hearings, as hereafter described:
a.
Planning Commission Review.
i.
A public hearing by the planning commission shall be noticed and held, as required by state law and this title, after a privately initiated application is deemed complete and after required environmental documentation has been completed.
ii.
The planning commission shall render its decision in the form of a written recommendation to the city council, approving, approving with modifications or disapproving the proposed amendment, taking into account whether the proposed amendment will provide a public benefit to the community beyond those that may be unilaterally imposed by the city through the traditional exaction process. The recommendation shall include the reasons for the recommendation and the relationship of the proposed amendment to the general plan and any applicable specific plan. If the planning commission's recommendation is for the city council to approve the proposed amendment, then the recommendation shall include findings regarding the public benefits that will be provided by the applicant under this section.
iii.
Planning commission action recommending disapproval of a proposed amendment, regardless of how such amendment was initiated, shall be final unless appealed pursuant to the provisions of Section 9.02.240 of this chapter, or unless the city council assumes jurisdiction by the request of at least two council members, prior to the end of the appeal period.
b.
City Council Review and Action. When a public hearing is required before the city council, it shall be duly noticed and held after the recommendation of the planning commission to approve a proposed amendment to this title, including amendments to the zoning atlas, or following appeal of a decision by the planning commission to disapprove a proposed amendment to this title, including amendments to the zoning atlas, or if the city council or a council member elects to have the matter set for a public hearing after a planning commission recommendation of disapproval. The city council may approve, approve with modifications, or disapprove any proposed amendment. Prior to city council action, any modification not previously considered by the planning commission shall first be referred to the planning commission for report and recommendation, unless the modification(s) pertain to the public benefits requirement as described in this section. Failure by the commission to report within 45 days, or such longer period, as may be designated by the city council, shall be deemed a recommendation for approval of the proposed modification.
E.
Required Determinations. Amendments to this title, including amendments to the zoning atlas, may be made if:
1.
The proposed amendment is consistent with the general plan and its goals, objectives, policies, and programs, and with any applicable specific plan;
2.
The proposed amendment will not adversely affect the public health, safety or general welfare;
3.
The proposed amendment is consistent with the purposes and intent of this title; and
4.
The proposed amendment will provide public benefits to the general community beyond those that may be unilaterally imposed by the city through the traditional exaction process, which will enhance public safety services, promote public health, increase recreational opportunities, improve general community services for children.
F.
Prezoning.
1.
For the purpose of establishing prezoning which shall become effective at the same time the annexation becomes effective, property, outside of and adjoining the corporate boundaries of the city, may be classified within one or more districts in the same manner and subject to the same procedural requirements as prescribed in subsections B, C and D of this section.
2.
Upon passage of an ordinance establishing the applicable prezoning designation for adjoining property outside the city, the zoning atlas shall be revised to identify each district or districts applicable to such property with the label "Pre-" in addition to such other map designation, as may be applicable.
G.
Recordation of Zoning Atlas Amendments. A change in district boundaries shall be indicated by listing on the zoning atlas the number of the ordinance amending the map.
H.
Interim Zoning.
1.
Without following the procedures otherwise required prior to adoption of an amendment to this title, including an amendment to the zoning map, the city council may, in order to protect the public health, safety and welfare, adopt as an urgency measure an interim ordinance prohibiting any uses which may be in conflict with a contemplated general plan, specific plan or zoning proposal which the city council or planning commission is considering, studying or is intending to study within a reasonable time.
2.
Adoption of such an urgency measure shall require a four-fifths vote of the city council for adoption.
3.
An interim ordinance adopted pursuant to the provisions of this subsection shall be of no further force and effect 45 days from the date of adoption thereof; provided, however, that after notice pursuant to California Government Code Section 65090 and a public hearing, the city council may extend such interim ordinance for a period of 10 months and 15 days, and subsequently extend the interim ordinance for an additional one year. Any such extension shall also require a four-fifths vote for adoption. Not more than the two extensions described in this subsection may be adopted.
4.
Alternatively, an interim ordinance may be adopted by a four-fifths vote following notice pursuant to Government Code Section 65090 of the State Planning and Zoning Law and hearing, in which case, it shall be of no further force and effect 45 days from its date of adoption; provided, however, that after notice pursuant to Government Code Section 65090 and public hearing, the city council may, by a four-fifths vote, extend such interim ordinance for 22 months and 15 days.
5.
When any interim ordinance has been adopted, every subsequent interim ordinance adopted pursuant to this subsection, covering the whole or a part of the same property, shall automatically terminate and be of no further force or effect upon the termination of the first interim ordinance or any extension thereof, as provided in this subsection.
6.
The city council shall not adopt or extend any interim ordinance pursuant to this subsection unless the ordinance contains a finding that there is a current and immediate threat to the public health, safety or welfare and that approval of additional subdivisions, use permits, variances, building permits or any other applicable entitlements for use which are required in order to comply with an existing zoning ordinance, would result in a threat to the public health, safety or welfare.
7.
At least 10 days prior to the expiration of the ordinance or any extension, the community development director shall propose for issuance by the city council a written report on the measures taken to alleviate the condition which led to adoption of the ordinance.
8.
Interim zoning shall be designated on the zoning map by reference to the applicable zoning symbols preceded by "I-".
9.
For the period of time that the interim zoning ordinance is in effect, the permanent zoning shall be deemed to be superseded. However, the area shall continue to be subject to all other applicable provisions of this title.
10.
Upon expiration of an interim zoning ordinance, the permanent zoning shall again be in full force and effect, unless it has been replaced by new permanent zoning.
§ 9.02.060 Conditional use permits.
A.
Purpose and Intent. A conditional use permit is intended to allow the establishment of those uses which have some special impact or uniqueness such that their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location. The permit application process allows for the review of location, design, configuration of improvements, and potential impact on the surrounding area based on fixed and established standards.
B.
Authority. Authority for approval of conditional use permits shall be vested with the planning commission, except as described herein. Conditional use permit applications shall be subject to the major development review procedures pursuant to Section 9.02.030(B) of this chapter and public hearing procedures pursuant to Section 9.02.200 of this chapter. The community development director may approve conditional use permits for uses identified with the "♦" symbol in Table 9.02.020-1 of this chapter if: (1) the use is proposed within an existing building with no expansion; and (2) the building or use is located more than 300 feet from a residential zone; and (3) there are fewer than three residences within 300 feet in a nonresidential zone. Projects may be referred to the planning commission at the discretion of the community development director.
C.
Required Findings. A conditional use permit may be approved in whole or in part, if all of the following findings can be made:
1.
The proposed project is consistent with the goals, objectives, policies and programs of the general plan;
2.
The proposed project complies with all applicable zoning and other regulations;
3.
The proposed project will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity;
4.
The location, design and operation of the proposed project will be compatible with existing and planned land uses in the vicinity.
D.
Conditions of Approval. In approving a conditional use permit, the approving authority shall impose conditions of approval for the project regarding on-site improvements, off-site improvements, the manner in which the site is used and any other conditions as may be deemed necessary to protect the public health, safety and welfare and ensure that the project will be developed in accordance with the purpose and intent of this title.
E.
Revisions or Modifications. Revisions or modifications of conditional use permits may be requested by the applicant. Further, the planning commission may periodically review, modify or revoke a conditional use permit.
1.
Revisions or Modifications Requested by Applicant. A revision or modification to an approved conditional use permit such as, but not limited to, change in conditions, expansions, intensity or hours of operation may be requested by an applicant. The requested revision or modification shall be processed in the same manner as the original conditional use permit.
2.
Review by Planning Commission. The planning commission may periodically review any conditional use permit to ensure that it is being operated in a manner consistent with conditions of approval or in a manner which is not detrimental to the public health, safety or welfare, or materially injurious to properties in the vicinity. If, after review, the commission deems that there is sufficient evidence to warrant a full examination, then a public hearing date shall be set. At such public hearing, the planning commission may modify or revoke the permit pursuant to the provisions of Section 9.02.260 of this chapter.
(Ord. 959 § 3.5, 2019)
§ 9.02.070 Plot plan.
A.
Purpose and Intent. The purpose of this section is to provide a mechanism by which all new construction of industrial, commercial or multiple-family residential can be reviewed when not subject to other discretionary review processes which have review authority over project design. Unless a specific application for a particular use is identified within this title, the plot plan application shall be used to implement the major development review process requirements.
B.
Authority.
1.
Except as otherwise provided herein, authority for approval of plot plans shall be vested with the planning commission. Plot plan applications shall be subject to major development review procedures pursuant to Section 9.02.030 of this chapter.
2.
The community development director may approve projects within industrial districts or commercial districts without a public hearing, when such projects are located greater than 300 feet from a residential zone and there are fewer than three residences within 300 feet in a nonresidential zone. The community development director, however, may approve the expansion of existing commercial and industrial uses regardless of their distance to residential zones or residential uses. The decision of the community development director may be appealed to the planning commission.
3.
Authority to act on a plot plan application which depends on approval of another enabling application(s), but not limited to, a variance or general plan amendment, shall be vested with the review body authorized to act on the enabling application(s).
C.
Required Findings. A plot plan may be approved in whole or in part, if all of the following findings can be made:
1.
The proposed project is consistent with the goals, objectives, policies and programs of the general plan;
2.
The proposed project complies with all applicable zoning and other regulations;
3.
The proposed project will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity;
4.
The location, design and operation of the proposed project will be compatible with existing and planned land uses in the vicinity.
D.
Conditions of Approval. In approving a plot plan, the approving authority shall impose conditions of approval for the project regarding on-site improvements, off-site improvements, the manner in which the site is used and any other conditions as may be deemed necessary to protect the public health, safety and welfare and ensure that the project will be developed in accordance with the purpose and intent of this title.
E.
Modifications or Revisions. Modification or revision of plot plans may be requested by the applicant. A modification or revision to an approved plot plan may include, but shall not be limited to, change in conditions, expansion, intensity, or hours of operation. The requested modification or revision shall be processed in the same manner as the original plot plan.
F.
Notice. Notice of plot plan public hearing and the proposed environmental determination shall be provided, as specified in Section 9.02.200 of this title. For plot plan applications not subject to review at a public hearing, but requiring notice, the notice shall be provided for the decision date in the same manner and time frames, as described in Section 9.02.200 of this title.
(Ord. 959 § 3.6, 2019)
§ 9.02.080 Administrative plot plan.
A.
Purpose and Intent. The purpose of this section is to provide an administrative application under which development proposals listed as subject to the minor development review process may be processed. Unless a specific application for a particular use is identified within this title, the administrative plot plan application may be used to implement the minor development review process requirements.
B.
Authority. The community development director may approve administrative plot plans subject to the requirements, provisions and intentions of this title.
C.
An administrative plot plan may be approved if all of the following findings can be made:
1.
The proposed project is consistent with the goals, objectives, policies and programs of the general plan;
2.
The proposed project complies with all applicable zoning and other regulations;
3.
The proposed project will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity;
4.
The project conforms with any applicable provisions of any city redevelopment plan;
5.
Landscaping Setbacks. In any commercial or industrial district, the community development director may decrease minimum setbacks by not more than 10% where the proposed setback area is in character with the surrounding neighborhood, and where such decrease will not unreasonably affect contiguous sites.
D.
Revisions or Modifications. Major revisions or modifications to an administrative plot plan shall be processed in the same manner as the original administrative plot plan. Minor revisions or modifications approvable by the community development director may be processed with an administrative/research letter.
E.
Conditions of Approval. In approving an administrative plot plan, the approving authority shall impose conditions of approval for the project regarding on-site improvements, off-site improvements, the manner in which the site is used and any other conditions as may be deemed necessary to protect the public health, safety and welfare and ensure that the project will be developed in accordance with the purpose and intent of this title.
(Ord. 959 § 3.7, 2019; Ord. 975 § 3, 2021)
§ 9.02.090 Administrative variances.
A.
Purpose and Intent. The purpose of administrative variances is to allow for an administrative procedure for limited adjustments to the provisions of this title in order to prevent unnecessary hardships that might result from a strict or literal interpretation and enforcement of certain regulations prescribed by this title. It is also intended that, with respect to accessory structures for existing single-family residential uses, certain adjustments shall be subject to the director's review procedures, rather than an administrative variance.
B.
Authority. The community development director may grant administrative variances where there is a justifiable cause or reason; provided, however, that it does not constitute a grant of special privilege inconsistent with the provisions and intentions of this title. A public hearing shall not be required for granting of an administrative variance.
C.
Limitations on Administrative Variances. Only the following variances may be granted by the community development director and subject to the following limitations:
1.
Fence Height. In any district, the maximum height of any fence, wall or equivalent screening may be increased by a maximum of one foot where the topography of sloping sites or a difference in grade between adjoining sites warrants an increase in height to maintain a level of privacy, or to maintain the effectiveness of screening, as would generally be provided by such fence, wall or screening.
2.
Setbacks. In any residential district, the community development director may decrease minimum setbacks by not more than 10% where the proposed setback area or yard is in character with the surrounding neighborhood, and where such decrease will not unreasonably affect contiguous sites.
3.
Lot Coverage. In any residential district, the community development director may increase the maximum allowable lot coverage by not more than 10% where such increase is necessary for significantly improved site planning or architectural design, creation or maintenance of views or would otherwise facilitate highly desirable features or amenities, and where such increase will not unreasonably affect contiguous sites.
4.
Height. In any district, the community development director may authorize a 10% increase in the maximum allowable building height. Such increases may be approved only where necessary to accommodate architectural design, where scenic views or solar access on surrounding properties are not affected and where there is no increase in usable square footage of the proposed structure.
5.
Decrease in Building Frontage Requirements. In any mixed-use overlay district, the community development director may authorize up to a 10% decrease in the distance threshold established to specify the required percentage of a building frontage to be built to the build-to-zone, as indicated in Table 9.07.095-10, Mixed-Use Overlay District Development Standards [i.e., the distance threshold from street intersections for the purposes of calculating building frontage length may be reduced from 300 feet to 270 feet]. The community development director is not authorized to reduce the percentage of the building frontage that is required to be built to the build-to-zone.
D.
Notification. The community development director shall notify contiguous property owners and other such interested parties as he or she deems necessary of the application and pending decision. The notification shall state the following:
1.
Requested action;
2.
Location of requested action (parcel and lot number);
3.
Name and address of applicant; and
4.
Date after which a decision will be made on application.
If a protest of the proposed administrative variance is received by the community development director from an affected party prior to its effective date, the community development director shall forward the administrative variance to the planning commission for review and action. |
E.
Required Findings. The community development director, when acting on an administrative variance, shall make all of the following findings prior to approving an application for an administrative variance:
1.
That the strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship;
2.
That there are exceptional circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same district;
3.
That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by other property owners in the same district;
4.
That the granting of the administrative variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district, and will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and
5.
That the granting of an administrative variance is consistent with the objectives and policies of the general plan and the intent of this title.
(Ord. 359, 1992; Ord. 398 § 1.15, 1993; Ord. 475 § 1.4, 1995; Ord. 694 § 1.1, 2005; Ord. 864 § 3.3, 2013)
§ 9.02.100 Variances.
A.
Purpose and Intent. The purpose of variances is to provide for equity in use of property, and to prevent unnecessary hardships that might result from a strict or literal interpretation and enforcement of certain regulations prescribed by this title.
B.
Authority. The authority to grant variances shall be vested with the planning commission, and shall require a public hearing pursuant to the provisions of Section 9.02.200 of this chapter. Variances from the terms of the zoning regulations of this title shall be granted only when, because of special circumstances applicable to the property in question, including size, shape, topography, location or surroundings, the strict application of the zoning regulations deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Consequently, variances to a zoning regulation prescribed by this title may be granted with respect to development standards such as, but not limited to, walls, fences, screening and landscaping, site area, width and depth, coverage, front, side and rear yards, height of structures, usable open space, and on-street and off-street parking and loading facilities. In approving a variance, the planning commission may impose reasonable conditions.
C.
Content of Variance Requests. Application for a variance shall be made to the community development director on a form provided by the community development department, and shall include the following data:
1.
Name and address of the applicant;
2.
Statement that the applicant is the owner of the property, or is the authorized agent of the owners;
3.
Address and legal description of the property;
4.
Statement of the precise nature of the variance requested and the hardship or practical difficulty which would result from the strict interpretation and enforcement of this title;
5.
Such sketches, drawings, diagrams, or photographs which may be necessary to clearly show applicant's proposal; and
6.
Additional information, as required by the community development director.
D.
Required Findings. The planning commission shall make all the following findings in its decision to grant a variance request:
1.
That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary hardship not otherwise shared by others within the surrounding area or vicinity;
2.
That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property which do not apply generally to other properties in the vicinity and under the same zoning classification;
3.
That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity and under the same zoning classification;
4.
That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and under the same zoning classification;
5.
That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and
6.
That the granting of a variance is consistent with the objectives and policies of the general plan and the intent of this title.
Also, a variance may be granted from the parking requirements of this title to allow some or all of the required parking spaces to be located off-site, or by providing in-lieu fees or facilities, provided the conditions required by Government Code Section 65906.5 are met. |
E.
Conditions. Conditions of approval for a variance may include, but shall not be limited to:
1.
Requirements for open spaces, fences, walls, and screening buffers; requirements for landscaping and erosion control measures, including maintenance thereof;
2.
Requirements for dedications and street improvements;
3.
Regulation of vehicular ingress and egress and traffic circulation; and
4.
Regulation of hours of operation; and such other conditions the commission deems necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enable the planning commission to make all the findings required in this section.
(Ord. 359, 1992; Ord. 475 § 1.4, 1995; Ord. 694 § 1.1, 2005)
§ 9.02.110 Development agreements.
A.
Purpose and Intent. Article 2.5 of the California Government Code permits local agencies and property owners to enter into development agreements as to matters such as the density, intensity, timing and conditions of development of real properties. Such development agreements provide an enhanced degree of certainty in the development process for both the property owner/developer and the public agency. The purpose of this section is to specify the rules and procedures under which development agreement requests are to be reviewed and acted upon.
B.
Application. An application for a development agreement shall be submitted upon those forms provided by the community development director and shall be accompanied by information required by the form and the community development director and applicable fees.
C.
Contents. A development agreement shall specify the following:
1.
Duration of the agreement;
2.
Permitted uses of the property, including a plan of development, unless waived by the city council;
3.
The range of permitted density and intensity of use;
4.
The maximum height and size of proposed buildings; and
5.
Provisions for reservation or dedication of land for public purposes, or the payment of fees in lieu thereof.
The development agreement may include conditions, terms, restrictions and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions and requirements for subsequent discretionary action shall not prevent development of the land for the uses, and to the density or intensity of development set forth in the agreement. The development agreement may provide that construction shall be commenced within a specified 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 financing of necessary public facilities and subsequent reimbursement over time. |
D.
Authority. Authority for approval of development agreements shall be vested in the city council.
1.
Community Development Director Review. The community development director shall review the application and accept it for filing if it is complete and if it appears to comply with the applicable provisions of this section. The community development director shall forward a copy of the proposed development agreement to the city manager, city attorney, and other affected city departments and outside servicing agencies for review and comment. Upon receipt of such comments, the community development director shall determine any additional requirements necessary to complete the agreement, and shall prepare a report and recommendation to the planning commission and city council on the proposed development agreement, with any proposed amendments.
2.
Planning Commission Review. A public hearing shall be noticed and held pursuant to the provisions of Section 9.02.200 of this chapter. After the hearing by the planning commission, the planning commission shall make its recommendation in writing to the city council. A recommendation for approval shall include the following findings:
a.
The proposed development agreement is consistent with the goals, objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan;
b.
The proposed development agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located;
c.
The proposed development agreement is in conformity with public convenience, general welfare and good land use practice;
d.
The proposed development agreement will not be detrimental to the public health, safety and general welfare; and
e.
The proposed development agreement will not adversely affect the orderly development or the preservation of property values for the subject property or any other property.
3.
City Council Decision. A public hearing before the city council shall be noticed and held pursuant to the provisions of Section 9.02.200 of this chapter. After the city council completes the public hearing, it may accept, modify or disapprove the recommendation of the planning commission. A development agreement shall be approved by ordinance and shall not be approved unless the city council makes or approves those findings outlined in subsection (D)(2) of this section.
E.
Amendment or Cancellation.
1.
Either party to a development agreement may propose an amendment to, or cancellation in whole or in part of, any development agreement. Any amendment or cancellation shall be by mutual consent of the parties, except as provided below, or as otherwise permitted by law.
2.
The procedure for proposing and adopting an amendment to or the canceling in full or in part of the development agreement shall be the same as the initial procedure for entering into an agreement. However, if the city initiates a proposed amendment to, or a cancellation in whole or in part of, an agreement, the city shall first give written notice to the party executing the agreement of its intention to initiate such proceedings not less than 30 days in advance of giving public notice of the public hearing to consider an amendment or cancellation. Such notice shall be given in a manner which provides a record of receipt.
3.
Except for clerical or strictly technical corrections which do not affect the substantive terms and conditions agreed to by the parties, a public hearing shall be held following notice of intention to amend or cancel a development agreement, in whole or in part, pursuant to the provisions of Section 9.02.200 of this title.
F.
Recordation. Within 10 days after the city enters into a development agreement, or any modification or the cancellation thereof, the city clerk shall have a copy of the agreement, modification, or cancellation recorded in the office of the county recorder of the county of Riverside, which shall describe the land subject thereto.
G.
Periodic Review.
1.
The community development director shall review the terms and conditions of the development agreement every 12 months from the date the agreement is entered into. During this review, the applicant or applicant's successor in interest must demonstrate good faith compliance with the terms of the development agreement. The burden of proof on this issue is upon the applicant or the applicant's successor.
2.
The community development director shall report the findings and determinations of the annual review to the city council.
3.
When the city clerk places the report on the city council agenda, if the city council or any council member determines on the basis of the evidence presented by the director that the applicant or applicant's successor appears not to have complied in good faith with the terms and conditions of the agreement during the period under review, they may initiate proceedings to modify or terminate the agreement.
(Ord. 359, 1992; Ord. 475 § 1.4, 1995; Ord. 694 § 1.1, 2005)
§ 9.02.120 Surface mining permits.
A.
Purpose and Intent. It is the purpose and intent of this section to create and maintain an effective surface mining and reclamation policy, as authorized by the California Surface Mining and Reclamation Act of 1975 (Public Resources Code Section 2710 et seq.). While the preservation and extraction of economically viable mineral resources has been determined to be in the interests of the people of California by the State Legislature, it is also recognized that surface mining activities may result in significant adverse environmental impacts. It is therefore the intent of this section to regulate surface mining operations so as to assure that:
1.
The adverse effects of surface mining operations will be prevented or minimized, and that mined lands will be reclaimed to a usable condition which is readily adaptable for alternative land use;
2.
The reclamation of mined lands will be carried out in such a way that the continued mining of valuable minerals will not be precluded; and
3.
The production and conservation of minerals will be encouraged, while giving consideration to values related to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment, and that potential residual hazards to the public health and safety will be eliminated.
B.
Authority. Authority for approval of surface mining permits and reclamation plans shall be vested in the city council. The planning commission shall provide recommendations to the city council regarding surface mining permits and reclamation plans.
C.
Applicability.
1.
The provisions of this section shall not apply to:
a.
Excavations or grading conducted for farming or on-site construction, or for the purpose of restoring land following a flood or natural disaster;
b.
Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in total amounts of less than 1,000 cubic yards in any one location. This exemption shall not apply to any single excavation which is greater than one acre in size;
c.
Surface mining operations that are required by federal law in order to protect a mining claim, if such operations are conducted solely for that purpose; and
d.
Such other surface mining operations which the State Mining and Geology Board finds are exempt from the provisions of the California Surface Mining and Reclamation Act of 1975 because they are of an infrequent nature and involve only minor surface disturbances.
2.
Unless exempted by the provisions herein, no person, firm, corporation or private association shall conduct surface mining operations in the incorporated area of the city without first obtaining a surface mining permit.
D.
Application. In addition to the application provisions set forth in Section 9.02.190 of this chapter, all applications for a surface mining permit shall also include a mining plan and a reclamation plan pursuant to the provisions of this section.
1.
Upon receipt of a completed application, the community development director shall notify the state geologist of the filing of request for a surface mining permit. In addition, the community development director shall include the state geologist in the public hearing notification list.
2.
Review of a surface mining permit application shall be conducted pursuant to Section 9.02.030(B), Major development review, of this chapter.
E.
Required Findings. A surface mining permit application may be approved in whole or in part, with or without conditions, only if all of the following affirmative findings of fact can be made:
1.
The proposed use would not impair the integrity and character of the district in which it is to be established or located;
2.
The proposed site is suitable for the type and intensity of the proposed mining operation;
3.
There are adequate provisions for water, sanitation and public utilities and services to ensure public health and safety;
4.
The proposed use will not be detrimental to the public health, safety or welfare, or adversely affect properties and improvements in the vicinity;
5.
The proposed use is consistent with the California Surface Mining and Reclamation Act of 1975 (Public Resources Code Section 2710 et seq.); and
6.
The mined lands will be reclaimed to a usable condition which is readily adaptable for an alternative land use appropriate to the district within which the site is located.
F.
Contents of a Surface Mining Permit Request.
1.
The required mining plan shall, where applicable, contain information regarding:
a.
Progression of all operations of the facility, including time frames for each phase and the estimated life of the operation;
b.
Location of equipment, stockpiles, settling ponds, interim drainage, machinery, waste dumps and areas to be mined;
c.
Progression of stripping and excavating through the use of cross sections, elevations and topographic maps;
d.
Time lags between mining and reclamation and equipment siting, removal or relocation;
e.
Proposed methods of handling simultaneous excavation and reclamation, if applicable;
f.
Locations of all streams, roads, railroads, sewage disposal systems, water wells and utility facilities within 500 feet of the site, and the location of all proposed access roads to be constructed in conducting the surface mining operation; and
g.
Type of and amount of mineral commodities to be removed, the amount of waste materials to be retained on the site and the amount of waste materials to be disposed off-site, including the method and location of disposal of said waste materials.
2.
The mining plan shall be accompanied by a reclamation plan which shall:
a.
Indicate the methods to be used to reclaim the land following mining operations, including a detailed schedule of the phasing and timing of each stage of reclamation;
b.
Describe the physical condition of the site upon the completion of all reclamation, including the proposed uses or potential uses of the reclaimed site;
c.
Contain a map which will delineate, through the use of cross sections and elevations, the physical characteristics of the land upon the conclusion of reclamation. A topographic map shall also be provided clearly indicating the location of the reclaimed land;
d.
Describe the manner in which derelict machinery, waste materials and scraps will be removed from the reclaimed site, and how contaminants will be controlled;
e.
Describe the methods to be used to ensure that the site will contain stable waste piles and slopes;
f.
Describe how reclamation of this site may affect the future use of the area for mining purposes;
g.
Show that the proposed site in its final form will, to the extent reasonable and practical, be revegetated for soil stabilization, free of drainage and erosion problems, coordinated with present and anticipated future land use, and compatible with the topography and general environment of surrounding property; and
h.
A surface mining permit may include a condition to post bonds to secure completion of reclamation activities.
G.
Periodic Review. As a condition of approval for a mining and reclamation plan, an annual review shall be conducted to evaluate and ensure compliance with said plan. The community development department shall report the findings of the annual review to the planning commission.
(Ord. 359, 1992; Ord. 475 § 1.4, 1995; Ord. 694 § 1.1, 2005)
§ 9.02.130 Home occupation permits.
A.
Purpose and Intent. The home occupation permit is intended to limit enterprises which are conducted within homes to those which are clearly incidental and secondary to the use of the dwelling unit and compatible with surrounding residential uses. A home occupation permit allows for the gainful employment in the home by the occupant(s) of a dwelling, to the extent that the enterprise does not require frequent customer access or have associated characteristics which would reduce the surrounding residents' enjoyment of their neighborhood.
B.
Authority. Authority for approval of home occupation permits shall be vested with the community development director. A public hearing shall not be required for issuance of a home occupation permit.
C.
Required Findings. The community development director shall make the following findings if he determines to approve a home occupation permit:
1.
That the requested home occupation is not prohibited under the provisions of subsection E of this section;
2.
That the requested home occupation permit will comply with all conditions specified in subsection D of this section; and
3.
That the issuance of the home occupation permit will not be detrimental to the public health, safety or general welfare.
D.
Conditions for Issuance of Home Occupation Permits. The following conditions shall apply to all home occupation permits:
1.
The home occupation shall be clearly subordinate to the use of the property for residential purposes. Further, not more than 20% of the gross floor area, excluding the garage area, shall be used for a home occupation. If the home occupation is conducted within a garage parking area, alternative on-site parking shall be provided on the driveway or other improved surface. Any structural modification of a garage that requires a permit shall not impair the use of a garage as a parking shelter for at least one automobile in a single-car garage or at least two automobiles in a double-car or larger garage.
2.
The home occupation shall not alter the appearance of the dwelling unit such that the structure is likely recognized as serving a nonresidential use (either by color, materials or construction, lighting, signs, sounds or noises, vibrations and the like).
3.
There shall be no sale or display of goods or merchandise on the premises. Mail order sales are permitted. Unless otherwise prohibited by law, merchandise shall be shipped or delivered off-site to the customer.
4.
There shall be no signs other than the address and name of resident(s).
5.
There shall be no advertising on or in the vicinity of the property or otherwise which identifies the home occupation by street address.
6.
No commercial vehicles may be used for delivery of materials, with the exception of occasional and reasonable courier services to or from the premises. No more than two commercial vehicles may be used in connection with a home occupation permit. Each vehicle shall not have dimensions larger than eight feet in total outside width, or seven feet in total height, or 21 feet in bumper-to-bumper length. No attachments or equipment shall be permitted when vehicles are not in use and within view of the public right-of-way. Vehicles used for mobile vending shall be subject to the State Health and Safety Codes. The aforementioned vehicles and vehicles for hire shall be subject to the parking restrictions contained in Chapters 12.38 and 12.42 of the municipal code.
7.
Activities conducted and equipment or material or hazardous materials used shall be identified on the home occupation permit application.
8.
No use shall create or cause noise, dust, vibration, odors, smoke, glare, electrical interference, or other conditions in violation of the performance standards given in Chapter 9.10 of this title.
9.
Not more than one employee, other than the residents of the dwelling unit, shall be allowed to work, gather or congregate on the premises in connection with a home occupation with the exception of babysitters or domestic staff. Home occupations utilizing an outside employee must provide adequate on-site parking.
10.
The home occupation shall comply with and shall not violate any applicable local, state or federal law or regulation.
11.
Any outdoor storage of materials or supplies shall be located within an accessory structure or located on the vehicle that is used in conjunction with the home occupation, and shall be of the scale typically found in a residential neighborhood of similar density. The storage shall not constitute a public nuisance as defined in the municipal code.
12.
The home occupation shall not generate pedestrian or vehicular traffic beyond that which is normal and incidental to a residence.
13.
The home shall be subject to inspection if the community development director finds that there is reasonable cause to believe that the premises are being used in violation of the home occupation permit. The cost of the inspection shall be borne by the holder of the permit.
14.
The home occupation permit shall be valid only for the person to whom it is issued, at the address for which it is issued, and during the period of time for which a valid, unexpired city business license is in effect. Failure to properly renew the annual business license, or failure to comply with any of these conditions of approval will render the home occupation permit null and void. The permit is subject to any changes in city ordinances, codes or regulations, and the permit holder is responsible for determining any such changes.
15.
If the applicant is not the property owner, written authorization of the property owner or authorized representative for the proposed use shall be provided prior to acceptance of an application for a home occupation.
16.
A minimum of two-car parking shall be provided within an enclosed garage, or as required at the time building permits were issued for the construction of the residence.
E.
Prohibited Home Occupation Uses. The following uses, either by operation or nature, are not considered to be incidental to or compatible with residential activities and therefore shall not be permitted as home occupations:
1.
Automotive and other vehicle (inclusive of motorcycles or recreational vehicles) repair (body or mechanical), upholstery, painting or storage;
2.
Towing;
3.
The sale, use or manufacture of ammunition, explosives or fireworks;
4.
Spa Facilities. This shall not be construed to prohibit medical massage performed by licensed professionals, as defined in this title;
5.
Junk yards;
6.
Escort services; and
7.
Quantities of materials which may present a health and/or safety hazard, including, but not limited to: explosives; flammable or combustible dusts, liquids or gases; corrosives; irritants and toxic materials.
(Ord. 359, 1992; Ord. 388 §§ 1.1, 1.2, 1993; Ord. 422 § 1.1, 1994; Ord. 475 § 1.4, 1995; Ord. 520 §§ 1.1, 1.2, 1997; Ord. 694 § 1.1, 2005; Ord. 757 § 2.2, 2008; Ord. 912 §§ 9, 23, 2016)
§ 9.02.140 Small and large family day care home standards in residential dwelling units.
A.
Purpose and Intent. The use of a home as a small or large family day care home shall be considered a residential use of property.
B.
Small and large family day care homes shall be constructed, maintained and operated in the following manner:
1.
The facility shall conform to all property development standards and operational standards of the residential land use district in which it is located.
2.
Fences and walls shall be installed and maintained pursuant to Section 9.08.070 (Fences and walls), applicable to the residential land use district and type of residence in which the family day care home is located.
3.
On-site landscaping shall be installed and maintained pursuant to Chapter 9.17 (Landscape and Water Efficiency Requirements) applicable to the residential land use district and type of residence in which the family day care home is located.
4.
The facility shall contain a fire extinguisher, smoke detector and carbon monoxide devices as required by state law, and meet all state standards and codes, and comply with any other standards adopted by the city of Moreno Valley for residential uses in the same zone.
5.
All family day care homes shall be state licensed and shall be operated according to all applicable requirements of the State of California Health and Safety Code, as well as all state licensing requirements as set forth by state law (1597.46).
C.
A small and large family day care home shall be reviewed ministerial by the city to ensure conformance with the standards identified herein.
(Ord. 359, 1992; Ord. 475 § 1.4, 1995; Ord. 520 §§ 1.3, 1.4, 1997; Ord. 694 § 1.1, 2005; Ord. 990 § 5, 2022)
§ 9.02.150 Temporary use permits.
A.
Purpose and Intent. The temporary use permit is intended to allow for short-term activities on privately owned property with appropriate regulations so that such activities will be compatible with the surrounding areas.
B.
Authority.
1.
Authority for approval of temporary use permits shall be vested with the community development director through the minor development review process.
2.
A permit shall not be required for events that occur in theaters, meeting halls, or other permanent public assembly facilities. Temporary uses may be subject to additional permits, other city department approvals, licenses, and inspections, as required by any applicable laws or regulations.
C.
Permitted Temporary Uses. The following table identifies those uses which may be permitted subject to the issuance of a temporary use permit:
Temporary Uses Table 9.02.150-3 | ||
|---|---|---|
Permitted Temporary Uses (With a Temporary Use Permit) | Locations | Max. No. Days per Calendar Year1 |
Commercial and noncommercial Christmas tree sales, and incidental sales of Christmas lights, tree stands and decorations, but excluding gift items | All zones | 30 |
Mobile health clinic | All commercial and industrial districts | 14 |
Merchandise sale or provision of services - outdoors or in mobile or temporary enclosures - in conjunction with established businesses (see subsection D of this section) | All commercial districts | 36 days per shopping or commercial center |
Merchandise sale - outdoors or in mobile or temporary enclosures, sponsored by and on the premises of a bank, savings and loan association or credit union of merchandise typically financed by that institution in the normal course of its lending business (see subsection D of this section) | Banks, savings and loan associations and credit unions | 12 days per shopping or commercial center |
Real estate offices on the site of a proposed subdivision | All districts | n/a |
Construction and security personnel offices on active construction sites | All districts | n/a |
Temporary construction yards not located on active construction sites | All districts | n/a |
Tent meetings | All districts | 30 |
Commercial carnival, concert, exhibit, festival or similar event outdoors or in temporary enclosures | All commercial and industrial districts | 14 |
Noncommercial carnival, fair, concert, exhibit, festival or similar; outdoors or in temporary enclosures | All districts | 14 |
Pumpkin sales lots | All zones | 30 |
Seasonal produce stands | All zones | 120 |
Any other use deemed appropriate by the community development director | All districts | n/a |
Notes: | |
|---|---|
1 | The community development director may extend the maximum number of days per calendar year based on special circumstances. |
D.
Special Requirement for Merchandise Sales. The following shall apply to merchandise sales or provision of services, as delineated in the Temporary Uses Table 9.02.150-3:
1.
"Merchandise sale in conjunction with established businesses" means an event managed and operated by the owner or operator of a permanently established business, on the premises of that business (or upon immediately adjacent common area of a shopping or commercial center in which the business is located), conducting the sale, lease, rental or other transfer of control of merchandise which is inventory of the established business or the provision of services and which is of the same or similar kind and quality normally offered as immediately available to the public by that business at that business site. Sales operated by outside vendors shall not be permitted under this provision. An outdoor sale of merchandise or provision of services on the premises of a business that ordinarily only displays merchandise and/or conducts sales or lease transactions for customer delivery or provides services at another site or at another time shall not be permitted under this provision. This subsection shall not apply to "merchandise sales on the premises of a bank, [etc.]," as listed in the Temporary Uses Table.
2.
Merchandise sales or provision of services sponsored and sanctioned by the Master Property Association or Property Manager for Shopping Centers, shall be a maximum of 36 days per calendar year. An outdoor sale of merchandise or provision of services on the premises of a business that ordinarily only displays merchandise and/or conducts sales or lease transactions for customer delivery or provides services at another site or at another time shall be permitted under this provision.
3.
Food and Entertainment. Upon approval of the community development director and in compliance with all other laws and regulations, food or entertainment may be sold or provided by secondary vendors incidental to the merchandise sale or provision of services, such as a hot dog cart, snow cone or popcorn wagon, pony ride, inflatable jumper, etc., provided that such uses occupy not more than 25% of the total space occupied by the sale or 400 square feet, whichever is less.
4.
No secondary vendors, incidental to the merchandise sale or provisions of services provided, shall conduct business without a buffer of at least 200 feet from any established business on site that sells similar products unless written consent from either the Master Property Association, Property Manager, or established business(es), for a lesser buffer, has been presented to the city of Moreno Valley.
5.
Merchandise sales (including display areas) or provision of services shall not occupy landscaped areas or unimproved surfaces.
6.
Merchandise sales or provision of services taking place upon parking surfaces shall be confined to improved parking surfaces. Merchandise sales or provision of services shall not occupy more than 20% of the legally required improved parking spaces for the business conducting the sale or services, unless approved by the community development director. No merchandise sale or provision of services shall occupy parking spaces legally required for another business, including other businesses located in the same shopping or commercial center, or parking spaces otherwise required for the shopping or commercial center in which the business is located. Merchandise sales or provision of services may occupy on-site improved parking spaces that are not so legally required, subject to all other provisions of this chapter. No merchandise sale or provision of services shall occupy or encumber more than 125 parking spaces.
7.
Merchandise sales or provision of services shall not negatively affect the vehicular and pedestrian circulation patterns of the subject site or nearby streets, or the usability of the remaining parking spaces for the site, and shall allow unabated access for public safety personnel and vehicles.
8.
Setup and Takedown. One day of setup before a merchandise sale and one day of takedown/cleanup after the sale shall not be counted against the total number of permitted sale days. No sales activity shall occur on such setup or takedown/cleanup days.
9.
No Use of Public Right-of-Way. Any and all personal properties or merchandise or services shall be solely contained on private property and shall not extend into the public right-of-way.
10.
Cleanup. The permittee shall be responsible for cleanup of the site within 24 hours of termination of the event.
E.
Application Requirements. Applications for temporary use permits shall be filed a minimum of 30 days prior to the date of the proposed event with the community development department. Applications must be accompanied by all appropriate fees and deposits, as determined by resolution of the city council. The application shall include, at a minimum, the following information:
1.
A site plan identifying the area to be occupied, including the location of merchandise or provision of services, proposed signage, temporary structure(s) (e.g., tents, shade structures, vending stands, etc.) and all pedestrian areas, parking lot areas and/or drive aisles proposed to be closed, blocked, obstructed and/or barricaded and their proximity to major circulation aisles, public rights-of-way and buildings. The site plan shall provide proof of compliance with all requirements of applicable laws, ordinances and regulations;
2.
Written authorization from the property owner or the property owner's duly authorized agent;
3.
Written operational/environmental statement identifying the proposed dates, defining the nature of the event or use and containing such other information as the community development director or designee shall consider necessary to determine the expected effects and impacts of the event or use;
4.
Proof of all applicable city business licenses.
F.
Criteria for Permit Issuance. The community development director shall consider the following criteria in rendering a decision relative to a temporary use permit application:
1.
The operation of the requested use at the location proposed and within the time period specified will not jeopardize, endanger, or otherwise constitute a menace to the public health, safety or general welfare;
2.
The proposed site is adequate in size and shape to accommodate the temporary use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the site;
3.
The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use will or could reasonably be expected to generate;
4.
Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be available either on site or at alternate locations acceptable to the community development director and the city traffic engineer;
5.
The property shall be posted at least 10 days prior to issuance of a permit for a temporary outdoor event anticipated to accommodate 2,500 or more persons on a single site;
6.
Neither the applicant nor any person actually managing or operating the temporary use shall have been in violation of any prior temporary use permit within 12 months of the date of application.
G.
Conditions of Approval. In approving an application for a temporary use permit, the community development director may impose conditions that are deemed necessary to ensure that the permit will be applied in accordance with the criteria outlined above. These conditions may involve any factors affecting the operation of the temporary use or event, and may include, but are not limited to:
1.
Provision of temporary parking facilities, including vehicular ingress and egress;
2.
Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination of adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases and heat;
3.
Regulation of temporary buildings, structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;
4.
Provision of sanitary and medical facilities;
5.
Provision of solid waste collection and disposal;
6.
Provision of security and safety measures, including deputized officers if necessary, as determined by the chief of police, with all costs borne by the applicant for security and police services;
7.
Regulation of signs, including without limitation, placement of any signage outside of the city limits;
8.
Regulation of operating hours and days, including limitation of the duration of the temporary use to a shorter time period than that requested;
9.
Submission of a performance bond or other surety device to assure that any temporary facilities or structures used for the proposed temporary use will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition;
10.
Submission of a site plan indicating any information required by this section; all events, structures, equipment, merchandise and activities shall be confined to the area designated on the approved site plan for that event;
11.
A requirement that the approval of the requested temporary use permit is contingent upon compliance with applicable provisions of other ordinances;
12.
All noncity sponsored groups and individuals who wish to utilize city of Moreno Valley, Moreno Valley community service district (MVCSD) or redevelopment agency (RDA) facilities shall be subject to the following requirements:
a.
Noncity sponsored groups or individuals must complete an application which includes an indemnification and hold harmless clause protecting the city and MVCSD or RDA from the lessee's activities;
b.
Noncity sponsored groups or individuals must provide the city with evidence of adequate general liability insurance by either:
i.
Providing the city with an original certificate of liability insurance and endorsement binder naming the city of Moreno Valley, MVCSD or RDA, where appropriate, as an additional insured,
ii.
Participating in the city's special events insurance program if available and approved by the city manager;
13.
Other conditions which will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accordance with the intent and purpose of this section;
14.
Timely payment of all business license fees, gross receipts taxes and sales and use taxes attributable to the temporary use.
(Ord. 359, 1992; Ord. 386 §§ 1.6, 1.7, 1993; Ord. 404 § 1.1 , 1993; Ord. 508 § 1.1, 1996; Ord. 664 § 2, 2004; Ord. 694 § 1.1, 2005; Ord. 912 § 16, 2016; Ord. 931 §§ 2, 3, 2018; Ord. 975 § 3, 2021; Ord. 994 § 5, 2023)
§ 9.02.160 Tenant improvements.
A.
Purpose and Intent. The purpose of this section is to provide guidelines for the processing and review of tenant improvements to structures. Any proposed tenant improvement, which in its initial review indicates an increase in land use intensity, e.g., an increase in parking demand, may be subject to the minor development review process.
B.
Applicability. The community development director may approve tenant improvements which comply with the requirements, provisions and intentions of this title.
C.
Required Finding. The community development director may approve a tenant improvement if all of the following findings can be made:
1.
The proposed use is permitted within the applicable district pursuant to the provisions of this title, and complies with all of the applicable provisions of this title;
2.
The site for the proposed use is adequate in size, shape, topography, accessibility and other physical characteristics to accommodate the proposed use and development in a manner compatible with existing and proposed surrounding land uses; and
3.
The proposed use will not be detrimental to the public health, safety or welfare, or adversely affect properties and improvements in the vicinity.
(Ord. 359, 1992; Ord. 475 § 1.4, 1995; Ord. 694 § 1.1, 2005)
§ 9.02.170 Land use approvals.
A.
Purpose and Intent. The purpose of this section is to provide an efficient plan check process for a variety of minor land use approvals that may be approved at the public counter with minimum review.
B.
Applicability. The community development director may grant land use approvals which comply with the requirements, provisions and intentions of this title.
C.
Required Findings. The community development director may approve a land use approval if all of the following findings can be made:
1.
The proposed use is permitted within the applicable district pursuant to the provisions of this title, and complies with all of the applicable provisions of this title;
2.
The site for the proposed use is adequate in size, shape, topography, accessibility and other physical characteristics to accommodate the proposed use and development in a manner compatible with existing and proposed surrounding land uses;
3.
The proposed use will not be detrimental to the public health, safety or welfare, or adversely affect properties and improvements in the vicinity;
4.
The proposal/map is consistent with any related previously approved project and/or conditions of approval; and
5.
All new construction, including, but not limited to, room additions and accessory structures, shall be compatible with the main structure color, materials or roofline.
(Ord. 359, 1992; Ord. 475 § 1.4, 1995; Ord. 520 § 1.5, 1997; Ord. 694 § 1.1, 2005)
§ 9.02.180 Legal nonconforming uses, improvements and parcels.
A.
Purpose. The primary purpose of this section is to limit the number and extent of legal non-conforming uses, improvements and parcels by prohibiting or limiting their expansion, their re-establishment after abandonment, or their restoration after destruction of the structures they occupy.
B.
Definitions.
1. "Legal nonconforming parcel" "Legal nonconforming improvement" "Legal nonconforming use" "Alter" "Enlarge" "Expand"
The following terms as used in this section shall, unless the context clearly indicates otherwise, have the following definitions:
means any parcel of real property that was lawfully established and in compliance with all applicable ordinances and laws, but which, due to a subsequently enacted ordinance or law, no longer complies with all the applicable regulations and standards of the zone in which the property is located.
means any structure, building or improvement upon the land, that was lawfully established and in compliance with all applicable ordinances and laws at the time the structure, building or improvement was established, but which, due to a subsequently enacted ordinance or law, no longer complies with all of the applicable regulations and standards of the zone in which the structure, building, or improvement is located.
means any use of land that was lawfully established and in compliance with all applicable ordinances and laws at the time the use was established, but which, due to subsequently enacted ordinance or law, no longer complies with all of the applicable regulations and standards of the zone in which the use is located.
means change.
means an increase in size or area.
means an increase in size, area or scope.
2.
Uses, improvements and parcels not having acquired the applicable permits shall be considered "illegal" and shall not be deemed as a "legal nonconforming parcel," "legal nonconforming improvement" or "legal nonconforming use."
C.
Applicability. This section applies to all legal nonconforming uses, legal nonconforming improvements and legal nonconforming parcels, except as described below:
1.
Legal nonconforming noncommercial animal keeping uses shall be subject to the provisions established within Section 9.09.090(C) of this title.
D.
Discontinuation of Legal Nonconforming Uses. Whenever a legal nonconforming use has been discontinued for a continuous period of 12 months or more, the use shall not be reestablished, and the use of the structure or site thereafter shall be in conformity with the regulations for the district in which it is located. Discontinuation shall include termination of a use regardless of intent to resume the use. The community development director may, however, grant an extension of the 12 month period, based on a finding that such extension will not adversely affect the public health, safety or welfare.
E.
Continuation and Maintenance.
1.
Notwithstanding the provisions of Section 9.02.020 of this chapter, any legal nonconforming use or improvement that was expressly authorized by way of a design manual, development agreement, conditional use permit, building permit or similar form of authorization in effect prior to the effective date of the ordinance which made it nonconforming, may be established as a legal non-conforming use or improvement.
2.
Notwithstanding that a legal nonconforming parcel does not meet the minimum lot size or lot dimensions established for the district in which it is located, such parcel may be developed in accordance with the provisions of this title.
3.
A legal nonconforming use, other than a legal nonconforming temporary use, may be continued, except as otherwise provided in this section. A legal nonconforming temporary use may continue for the period established by the permit issued in accordance with this title.
4.
The following legal nonconforming commercial, agricultural and animal uses may be continued and maintained for the periods of time hereinafter set forth:
5.
Routine maintenance and repairs may be performed on a legal nonconforming use or improvement.
F.
Alteration of Nonconforming Uses and Improvements.
1.
A legal nonconforming use or improvement shall not be moved, altered, expanded or enlarged unless required by law, or unless the moving, alteration, expansion or enlargement will result in the elimination or substantial reduction of the nonconformity, except as permitted below under subsection H of this section.
2.
No legal nonconforming use shall be replaced with another nonconforming use that is different in character or would increase the degree of nonconformity.
3.
A legal nonconforming use shall not be enlarged or expanded in such a way as to occupy any part of the structure or site or another structure or site which it did not occupy at the time it became a nonconforming use.
4.
A legal nonconforming improvement shall not be altered or reconstructed so as to increase the discrepancy with the standards prescribed in the regulations for the zone in which the improvement is located.
G.
Restoration of a Damaged Legal Nonconforming Use or Improvement.
1.
Whenever a legal nonconforming use or improvement is destroyed by fire, calamity or act of God, to the extent of 50% or less, the improvement may be restored and the nonconforming use may be resumed, provided that restoration is started within one year and diligently pursued to completion. When the destruction exceeds 50% or the structure is voluntarily razed or is required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the zone in which it is located and the nonconforming use shall not be resumed.
2.
If the use or improvement is destroyed by fire, calamity or act of God, to the extent of 50% or more, the use or improvement may not be restored except as provided for below in subparagraphs 5, 6, 7 and 8.
3.
The extent of damage shall be based upon the ratio of the estimated cost of restoring the improvement to its condition prior to such damage to the estimated cost of duplicating the entire improvement, as it existed prior thereto. Estimates for this purpose shall be made by or shall be reviewed and approved by the city building official and shall be based on the minimum cost of construction in compliance with the building code and other applicable laws and regulations.
4.
Any legal nonconforming improvement rebuilt after destruction by fire, calamity, or act of God, shall to the degree feasible, be rebuilt to eliminate or reduce the nonconformity with the regulations for the district in which it is located.
5.
In any district, a legal nonconforming residential use destroyed by fire, calamity or act of God may be restored and the use may be resumed, provided that the restoration is started within three years and diligently pursued to completion.
6.
In any district, a legal nonconforming place of worship or other quasi-public use or improvement destroyed by fire, calamity or act of God may be restored and the use may be resumed, provided that the restoration is started within three years and diligently pursued to completion.
7.
In any commercial district, a legal nonconforming commercial use destroyed by fire, calamity or act of God may be restored and the use may be resumed, provided that the restoration is started within one year and diligently pursued to completion.
8.
In any industrial district, a legal nonconforming industrial use destroyed by fire, calamity or act of God may be restored and the use may be resumed, provided that the restoration is started within one year and diligently pursued to completion.
9.
Any legal nonconforming use or improvement restored after damage and allowed within this section is subject to review under an administrative plot plan and shall adhere to the following findings:
a.
The proposal shall not be for the purpose of increasing the number of living units on the property.
b.
The proposal shall benefit the health, safety and welfare of the occupants on the site, and not be detrimental to any surrounding properties.
c.
The proposal shall be architecturally compatible with the existing building.
d.
The proposal shall not displace required on-site parking, landscaping or other conforming Municipal Code requirements.
e.
Any legal nonconforming improvement rebuilt after destruction by fire, calamity, or act of God, shall to the degree feasible, be rebuilt to eliminate or reduce the nonconformity with the regulations for the district in which it is located.
H.
Exceptions to Provisions for Legal Nonconforming Uses and Improvements.
1.
Legal nonconforming single-family residential uses may be altered or expanded as follows:
a.
In any district, a legal nonconforming single-family dwelling may be altered or expanded, provided the alteration or expansion meets all other provisions of this title; and adds a total of no more than 250 square feet of floor area of habitable space on the parcel; yields a total floor area on the parcel of garage or carport of no more than 400 square feet; and results in a total floor area on the parcel of no more than 240 square feet of storage shed(s). New fences and walls, patio covers, swimming pools, decorative treatments, energy conservation measures, heating and air conditioning equipment, lighting and similar improvements are also allowed.
2.
A legal nonconforming multiple-family residential use or improvement may not be expanded, but may be altered by adding or upgrading carports or garages, fences and walls, trash enclosures, façade treatments, energy conservation measures, heating and air conditioning equipment, lighting and similar improvements. Alteration of a legal nonconforming multiple family residential use shall be subject to an administrative plot plan with notice. Alteration of a legal nonconforming multiple family use or improvement in a district that does not allow multiple family uses shall be subject to the provisions of the R-1 5 district.
3.
A legal nonconforming nonresidential use or improvement may not be expanded, but may be altered by adding or upgrading fences and walls, trash enclosures, façade treatments, energy conservation measures, heating and air conditioning equipment, lighting and similar improvements. Exterior remodeling of a legal nonconforming nonresidential use shall also comply with the provisions of Section 9.08.050(B). Alteration of a legal nonconforming nonresidential use shall be subject to an administrative plot plan.
I.
Community Development Director's Determination. Any request for alteration, expansion, restoration, or reconstruction of a legal nonconforming use or improvement, shall be reviewed by the community development director to determine compliance with the provisions of this section, or, at the discretion of the community development director referred to the planning commission for its review. The community development director shall notify adjoining property owners of the application and pending decision.
J.
a.
The proposal shall not be for the purpose of increasing the number of living units on the property.
b.
The proposal shall benefit the health, safety and welfare of the occupants on the site, and not be detrimental to any surrounding properties.
c.
The proposal shall be architecturally compatible with the existing building.
d.
The proposal shall be compatible with the character of the surrounding area.
e.
The proposal shall not displace required on-site parking, landscaping or other conforming municipal code requirements.
(Ord. 359, 1992; Ord. 398 § 1.16, 1993; Ord. 405 § 1.4, 1993; Ord. 475 § 1.4, 1995; Ord. 520 §§ 1.6, 1.7, 1997; Ord. 602 (Exh. A), 2002; Ord. 694 § 1.1, 2005)
§ 9.02.190 Application filing.
A.
Purpose and Intent. These provisions are intended to prescribe the procedure for filing applications for permits, appeals, amendments and approvals when required or permitted by this title.
B.
Application Forms. Requests for permits, appeals, amendments, approvals and other actions required or permitted by this title, shall require that a completed application, on a form provided by the community development department, be submitted to the community development director in addition to any other materials, reports, dimensioned plans or other information required to take an action on the application. Each application form shall, at a minimum, contain:
1.
A list or description of the information, reports, dimensioned plans and other materials needed in order to deem an application complete;
2.
The criteria by which the community development director will determine the completeness of the application;
3.
Instructions necessary to complete or supply the required information; and
4.
Such other information as may be required by this title or state law.
C.
Determination of Completeness.
1.
No application shall be processed pursuant to this title prior to the determination by the community development director that the application is complete.
2.
A completed application shall consist of:
a.
The application form with all applicable information included on, or attached to, the form;
b.
The additional information, reports, dimensioned drawings and other material specified on the application form;
c.
A description of how the proposed project or requested action is consistent with the goals, objectives, policies, programs and other provisions of the adopted general plan;
d.
Any other information or forms required for implementation of the California Environmental Quality Act pursuant to state and Moreno Valley guidelines for the implementation of CEQA;
e.
Payment in full of the required fees for processing the application; and
f.
Other information or actions as may be required on the application form, as prescribed by the community development director.
3.
The community development director shall determine in writing the completeness of the application and shall transmit this determination to the applicant within the time limits and in such form and content and with respect to such types of project applications, as established by applicable state law and local regulation.
4.
The statutory time periods for processing any applications pursuant to this title, which are subject by state law to such time limits, shall commence upon the date the application is accepted as complete, as provided in the state law relative to review and approval of development projects.
D.
Additional Information. Notwithstanding procedures established in subsection C of this section for determination of completeness, the community development director may request the applicant to submit additional information in the course of processing the application if such information could not be anticipated as part of the original application. Such a request to clarify, amplify, correct or otherwise supplement submitted information shall not invalidate the original determination that the application was complete at the time the determination was originally made. The community development director may request any additional information needed to prepare adequate environmental documentation pursuant to the California Environmental Quality Act and any applicable guidelines to implement CEQA.
E.
Fees. The city council shall, by resolution, establish, and from time to time amend, a schedule of fees for permits, appeals, amendments and approvals required or permitted by this title to reimburse the city for costs incurred as the result of its administration of the provisions of this title.
F.
Who May File Application. Unless otherwise specified, applications for permits and approvals pursuant to this chapter may be made only by the affected property owner or the property owner's authorized agent or representative.
G.
Applicant Notification. At the time of filing an application, the community development director shall inform the applicant that he or she may make a written request to receive notice from the city of any proposal to adopt or amend the general plan, a specific plan, zoning ordinance, or an ordinance affecting building permits which may affect the application being filed. The applicant shall specify, in writing, the proposed action for which notice is requested. Prior to taking any of those actions, the community development director shall give notice to any applicant who has requested notice of the type of action proposed and whose development proposal is pending before the city if the community development director determines that the proposal is reasonably related to the applicant's pending development request.
H.
Consideration of Concurrent Applications.
1.
Where approval authority rests with the community development director for cases being processed pursuant to the provisions of this title, and one or more related cases with approval authority vested at the planning commission or city council are being processed concurrently, approval for all permits and approvals resting with the community development director shall not become effective until the effective date of related approvals by the planning commission or city council.
2.
Where approval authority rests with the planning commission for cases being processed pursuant to the provisions of this title, and one or more related cases with approval authority vested at the city council are being processed concurrently, approval for items which are within the planning commission's authority shall not become effective until the effective date of related approvals by the city council.
I.
Environmental Review. No permit or approval shall be granted pursuant to this title prior to the completion of applicable environmental review, as required by the California Environmental Quality Act and the city's rules to implement CEQA.
J.
Time Limit for Approving Applications.
1.
When required by state law, action shall be taken on projects requiring the preparation and certification of an environmental impact report, within one year of the date that the application was accepted as complete.
2.
When required by state law, final action shall be taken on projects that are exempt from the provisions of the California Environmental Quality Act or which require the adoption of a negative declaration within six months of the date that the application was accepted as complete.
3.
Extension of the time limit for action on an application, as specified in subsections (J)(1) and (J)(2) of this section, may be granted if mutually agreed upon by the applicant and community development director, to the extent permitted by law.
K.
Transmittal of Plans. When notification is required, a copy of the plans shall be provided to the following departments and districts for review and comment:
L.
Incomplete and Inactive Applications.
1.
The community development director may close any incomplete application that has been inactive for a period of 180 days or more. An application shall be considered both incomplete and inactive if the applicant or the applicant's representative fails to submit information, materials or fees that are necessary for the application to be considered complete and accepted for filing in accordance with state law and this section.
2.
Refunds of processing fees for incomplete and inactive applications that are closed shall be provided in accordance with Section 9.01.150 of this title.
3.
The community development director may grant a request to renew any incomplete and inactive application, provided that: (1) prior to closure, the applicant files a request for renewal together with any applicable fee; and (2) the associated development proposal complies with all applicable laws, ordinances and regulations at the time of the request for renewal.
(Ord. 359, 1992; Ord. 475 § 1.4, 1995; Ord. 604 § 2.2, 2002; Ord. 694 § 1.1, 2005)
§ 9.02.200 Public hearing and notification procedures.
A.
Purpose. This section defines procedures for conducting public hearings for applications pursuant to this title unless otherwise specified in this title. The purpose of this section is to ensure public awareness and full and open public discussion and debate regarding proposed actions pursuant to this title.
B.
Public Hearing Date.
1.
Where required by state law, and unless otherwise specified in this title, a public hearing on any application shall be scheduled before the planning commission, on the earliest appropriate date.
2.
A public hearing upon an application shall be heard before the appropriate hearing body when:
a.
The community development director has determined that the application complies with all applicable ordinances and requirements of the city; and
b.
All procedures required by the city's rules and procedures for the implementation of the California Environmental Quality Act to hear a matter has been completed.
C.
Notice of Hearing. Whenever a public hearing is prescribed in this title, notice of public hearings shall be given by:
1.
Publication in a newspaper of general circulation within the city at least 10 calendar days prior to the public hearing;
2.
Mailing, at least 10 calendar days prior to the public hearing, to all owners of property within a radius of 600 feet from the exterior boundaries of the property involved in the application. For this purpose, the last known name and address of each property owner, as contained in the records of the latest equalized Riverside County assessor rolls, shall be used. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection is greater than 1,000, in lieu of mailed or delivered notice, notice may be provided by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation in the city at least 10 days prior to the hearing;
3.
Mailing, at least 10 calendar days prior to the public hearing, or delivering at least 10 calendar days prior to the public hearing, to each local agency expected to provide water, sewer, schools, or other essential services or facilities to the project whose ability to provide those facilities and services may be significantly affected;
4.
Mailing, at least 10 calendar days prior to the public hearing, or delivering at least 10 calendar days prior to the public hearing, to the owner of the subject real property or to the owner's duly authorized agent, to the project applicant and the applicant's authorized representative, if any;
5.
Mailing, at least 10 calendar days prior to the public hearing, to any person who has filed a written request with the community development director and has provided the community development director with a self-addressed stamped envelope for that purpose;
6.
Whenever a Planning Commission hearing is held for a zoning ordinance or amendment to zoning ordinance, notice of the hearing shall be given as required by this Section, except that the notice shall be published, mailed, and/or advertised at least 20 calendar days prior to the public hearing;
7.
For a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, such notice shall also be given by mail to each tenant of the subject property, and, in addition to notice of the time and place of the public hearing, shall include notification of the tenant's right to appear and the right to be heard;
8.
Whenever a hearing is held regarding a permit for a drive-through or modification of an existing drive-through facility permit, the city shall provide notice 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. This shall include a notice sent to the city senior center and other agencies and nonprofit entities that provide services to the blind, aged, and disabled communities within the city;
9.
The community development director may require that additional notice of the hearing be given in any other manner deemed necessary or desirable by the director or the director's representative to ensure that all notice requirements provided by law for the proposal are complied with;
10.
The public review period for a draft EIR shall not be less than 30 days nor should it be longer than 60 days, except under unusual circumstances. When a draft EIR is submitted to the State Clearinghouse for review by state agencies, the public review period shall not be less than 45 days, unless a shorter period, not less than 30 days, is approved by the State Clearinghouse.
The public review period for a proposed negative declaration or mitigated negative declaration shall be not less than 20 days. When a proposed negative declaration or mitigated negative declaration is submitted to the State Clearinghouse for review by state agencies, the public review period shall not be less than 30 days, unless a shorter period, not less than 20 days, is approved by the State Clearinghouse;
11.
All notices of public hearings shall include a description of the project, the identity of the hearing body or officer(s), shall describe the property, and the date, time and place of the scheduled hearing, a statement that application and associated documents and environmental review are available for public inspection at a specified location, and the manner in which additional information and/or testimony may be received.
D.
Conduct of Public Hearings.
E.
Proceeding Before the City Council. Where the authority for approval is not vested solely with the city council, the decision of the planning commission is considered final and no decision by the city council is required unless an appeal is filed or, prior to the end of the appeal period, the city council assumes jurisdiction by the request of any member thereof.
§ 9.02.210 Approval to extend with land.
Unless otherwise specified, all permits and approval granted pursuant to this title shall run with the land, and shall continue to be valid upon a change of ownership of the site or structure to which it applies.
(Ord. 359, 1992)
§ 9.02.220 Effective date of decision.
Unless appealed or the city council assumes jurisdiction prior to expiration of the appeal period, a decision subject to appeal becomes effective immediately after the appeal period has expired. When heard by the city council, any decision of the city council shall be final and shall become effective on the date of decision.
(Ord. 359, 1992; Ord. 386 § 1.9, 1993)
§ 9.02.230 Expiration dates and extensions of time.
A.
Expiration Date. Other than general plan amendments, zone changes, specific plans, specific plan amendments, development agreements, tentative tract maps, and parcel maps, all permits issued under this chapter shall expire 36 months from the permit's approval date, unless a different expiration date is specifically established as a condition of approval of by state or federal law. The permit, however, shall not expire if a building permit has been validly issued and remains operative and in good standing.
B.
Extension of Time. The permit holder may request an extension of time, unless otherwise governed or preempted by applicable state or federal law, for an eligible development permit issued under this chapter.
C.
Authority. The community development director or designee shall be vested with the final authority to approve any requests for an extension of time only if the permit holder submits a complete city application and pays the required fees at least 60 days before the respective development permit's expiration date. Otherwise, the planning commission shall be vested with the final authority to approve any requests for an extension of time if the permit holder does not submit a complete city application and pays the required fees at least 60 calendar days before the respective development permit's expiration date.
D.
Qualifying Circumstances. Unless otherwise governed or preempted by applicable state law, any eligible development permit issued under this chapter may have its expiration date extended under the following circumstances:
1.
International embargoes;
2.
Pandemics, epidemics, or quarantines;
3.
Severe, prolonged weather conditions;
4.
National, regional, or local disasters, calamities, or catastrophes;
5.
Inability to obtain labor or materials (or reasonable substitutes therefor) at reasonable costs;
6.
Failure of, or inability to obtain, utilities necessary for performance of work;
7.
Federal, state or county governmental restrictions, orders, limitations, regulations, or controls;
8.
Declaration of local, state or national emergencies;
9.
Terrorism, insurrection, riots, or civil disturbance;
10.
Fire or another casualty;
11.
Pending litigation;
12.
Settlement agreement in which the city is a named party;
13.
Court order; or
14.
Any other causes or events beyond the reasonable control of the permit holder.
E.
Request for Extension of Time. Before expiration of any given development permit issued under this chapter, a permit holder may request an extension of time for any development permit issued under this chapter under the circumstances outlined in this section subject to the permit holder submitting a complete city application and paying the requisite application fee in the amount determined by the city to be equal to the estimated cost of processing the respective extension of time.
F.
Duration. No extension of time shall exceed 180 days, unless approved by the city council, or otherwise provided by applicable state or federal law.
G.
Discretion. The community development director or designee may refer any requested extension of time to the planning commission for its review and consideration, and the planning commission may refer any requested extension of time to the city council.
H.
Necessary findings. An extension of time may only be approved based on the following findings:
1.
The requested extension of time is based on one of the qualifying circumstances outlined in this section;
2.
The requested extension of time is consistent with the general plan and any applicable specific plan;
3.
The requested extension of time is consistent with any applicable tentative map, tract may or parcel map;
4.
The requested extension of time is consistent with any applicable development agreement;
5.
The requested extension of time is consistent with the applicable zoning;
6.
The requested extension of time is consistent with all applicable mitigation measures and conditions of approval;
7.
The requested extension will promote public health, safety, and welfare; and
8.
The requested extension of time is in the public interest.
(Ord. 359, 1992; Ord. 386 § 1.10, 1993; Ord. 402 § 1.6, 1993; Ord. 475 §§ 1.1, 1.4, 1995; Ord. 512 §§ 1.1, 1.2 , 1997; Ord. 694 § 1.1, 2005; Ord. 984 § 3, 2022; Ord. 1028, 6/17/2025)
§ 9.02.240 Appeals.
B.
Filing of Appeals. Appeals shall be addressed to the appellate body in a letter submitted to the community development director and shall be accompanied by the required fee. The appellant shall state the specific reasons for the appeal. Unless otherwise required by law, including as specified in Sections 9.02.040 and 9.14.050 of this title, appeals shall be filed with the community development director within 10 consecutive calendar days following the date of action for which an appeal is made, or, if no public hearing was held for the taking of such action, then within 10 consecutive calendar days following the date of deposit of notice of such action in the United States mail to the applicant, or any person who has requested notice.
C.
Appeal Hearings. Public notice of an appeal hearing shall be given, as required by law.
D.
Effective Date of Appealed Actions. Except as otherwise provided for in this title, an action which has been appealed shall not become effective until a final determination is made by the appellate body.
(Ord. 359, 1992; Ord. 386 § 1.11, 1993; Ord. 475 § 1.4, 1995; Ord. 694 § 1.1, 2005; Ord. 698 § 3.1(b), 2005; Ord. 975 § 3, 2021)
§ 9.02.250 New applications following denial.
Following the denial or revocation of an application, no application for the same or substantially the same use on the same site shall be filed within one year from the effective date of the denial. This provision shall not apply in the case of an application that is denied without prejudice, or where otherwise permitted to be filed by a vote of at least two-thirds of the approving authority.
(Ord. 359, 1992; Ord. 757 § 2.6, 2008)
§ 9.02.260 Revocation of approvals or permits.
A.
Purpose and Intent. In order to protect the public health, safety and welfare, and in order to enforce the provisions of this title, it may, from time to time, become necessary to revoke a previously authorized approval or approved permit. The purpose of this section is to provide a process for revoking approvals or permits to protect the public health, safety and welfare, as well as the rights to due process of permit holders within the city.
B.
Authority. Authority to revoke permits or approvals shall be vested with the planning commission where planning commission was the final approval authority, or city council where the city council was the final approving authority in granting the permit or approval. Authority to revoke permits or approvals which were administratively approved shall be vested with the community development director. A public hearing pursuant to Section 9.02.200 of this chapter shall be required for revocation of permits or approvals granted by the planning commission or city council.
C.
Required Findings. A permit or approval subject to revocation pursuant to the provisions of this section may be revoked by the community development director, planning commission or city council if any one of the following findings is made:
1.
That the permit or approval was obtained by misrepresentation or fraud;
2.
That the use for which the permit or approval was granted has ceased for 12 or more consecutive calendar months;
3.
That the conditions of the permit or approval have not been met or the permit or approval granted is being or has been exercised contrary to the terms of the permit or approval or in violation of any statute, ordinance, law or regulation; or
4.
That the public health, safety and welfare can be served only by revocation.
D.
Notification and Time Limits for Correction.
1.
The community development director shall notify the holder of the permit or approval in writing of the decision to initiate a pending revocation, and shall state specifically the reasons for the proposed revocation, and provide a period of 30 days for the holder to correct or show substantial progress toward correcting the defect(s) which serve as the basis for the proposed revocation. In the event the defects are not corrected within 30 consecutive calendar days from the date the notice is mailed, or substantial progress is not made during such 30 day period and diligently continued until fully corrected, a public hearing date before the planning commission or city council, where applicable, shall be set pursuant to the provisions of Section 9.02.200 of this chapter.
2.
In taking action to revoke a permit, the planning commission or city council shall have the discretion to set the effective date of the revocation in order to allow the permit holder adequate and appropriate time in which to make necessary corrections.
(Ord. 359, 1992; Ord. 405 § 1.5, 1993; Ord. 475 § 1.4, 1995; Ord. 694 § 1.1, 2005; Ord. 757 §§ 2.3, 2.3.2, 2008)
§ 9.02.270 Reports on conformity with general plan or specific plan.
A.
Purpose and Intent. Pursuant to the provisions of the California Government Code and Education Code, as well as other applicable laws, rules and regulations, public agencies, including departments of the city of Moreno Valley, may be required to seek a determination as to the consistency of a project being proposed by the public agency with the Moreno Valley general plan or with an adopted specific plan. The purpose of this section is to provide a process for requesting and granting such reports.
B.
Authority.
1.
Authority to provide reports on the consistency of a proposed public project with the Moreno Valley general plan, or with an adopted specific plan, shall be vested in the community development director.
2.
Within 40 days after receipt of such request, the community development director shall make a report to the applicant as to the conformity of the proposed project with the adopted general plan, or any part thereof, or with any adopted specific plan for the area affected by the proposed project.
3.
If the community development director does not report within the specific time period, or such other period as may be mutually agreed upon, it shall be deemed that a finding has been made that the proposed project is in conformity with the general plan, or any applicable specific plan.
(Ord. 359, 1992; Ord. 475 § 1.4, 1995; Ord. 694 § 1.1, 2005)
§ 9.02.280 Substantial conformance.
A.
Purpose and Intent. The substantial conformance is intended to address minor modifications to approved plot plans, conditional use permits and similar previously approved projects. The substantial conformance application is not intended to authorize a deviation from any applicable development standard specified in this title.
B.
Authority. Authority to approve a substantial conformance shall be vested in the community development director. A substantial conformance may be approved subject to further conditions of approval to ensure continued preservation of public health, safety and welfare.
C.
Review Requirements. A substantial conformance application shall be subject to minor development review procedures. A substantial conformance application may be filed in lieu of an applicable major development review application, provided that the proposal complies with the limitations described below:
1.
That the proposal is not inconsistent with the expressed intent of the original project approval;
2.
That the proposal qualifies as a categorical exemption under the California Environmental Quality Act and/or the proposal is consistent with the environmental determination for the original project and where no further environmental determination is necessary; and
3.
That the proposed modifications do not have the potential to adversely affect surrounding land uses or improvements.
D.
Applicability. A substantial conformance approval may include expansions of approved projects, where the proposal meets zoning code requirements.
(Ord. 386 § 1.12, 1993; Ord. 475 § 1.4, 1995; Ord. 694 § 1.1, 2005; Ord. 975 § 3, 2021)
§ 9.02.290 Modification of conditions.
A.
Purpose and Intent. The purpose of a modification of conditions is to provide a mechanism for reviewing modifications to conditions of approval for projects. The modification of conditions application is intended for the consideration of changes that exceed the limits prescribed in Section 9.02.280 (Substantial conformance) of this chapter. The provisions contained herein are not intended to limit the authority of the community development director to approval nonsubstantive changes to conditions of approval.
B.
Authority. The authority to approve a modification of conditions for any project that is subject to a public hearing shall be vested with the planning commission. The authority to approve a modification of conditions for a project that is not subject to a public hearing shall be vested with the community development director. However, the community development director is authorized to make nonsubstantive or clerical modifications to conditions of approval; provided, that such modifications do not undermine or significantly revise the intent and purpose of the original project approval or the associated environmental determination.
C.
Review Requirements. A modification of conditions shall be subject to the development review procedures, including public notice procedures prescribed in this title with respect to the previously approved project for which the modification is being requested.
(Ord. 386 § 1.12, 1993; Ord. 475 §§ 1.3, 1.4, 1995; Ord. 694 § 1.1, 2005)
§ 9.02.300 Adult business use permit.
See Section 9.09.030 entitled "Adult businesses."
(Ord. 613 § 5, 2002)
§ 9.02.310 Indemnification of city for discretionary approvals.
A.
Except when precluded by law, at the time of submitting an application for a discretionary approval subject to the requirements of this title, and/or for environmental clearance under the California Environmental Quality Act, the applicant shall agree to defend, indemnify, and hold harmless the city and its agents, officers, attorneys and employees from any claim, action or proceeding brought against the city, its agents, officers, attorneys or employees to attack, set aside, void or annul any such approval of the city, or any action taken to provide environmental clearance under the California Environmental Quality Act by its advisory agencies, appeal boards, planning commission, or city council. The indemnification shall include damages awarded against the city, if any, cost of suit, attorney's fees, administrative expenses, and other costs and expenses incurred in connection with such action, including, but not limited to, all such city costs and expenses incurred by enforcing this indemnification provision. This duty to defend, indemnify, and hold harmless the city and its officials and employees is a condition of approval of all such permits, entitlements, and approvals whether or not expressly set forth in such permit, entitlement, or approval.
B.
Applicant shall defend, indemnify and hold harmless the city, its agents, officers, employees and attorneys for all costs incurred in additional investigation of or study of, or for supplementing, preparing, redrafting, revising, or amending any document (such as a negative declaration, EIR, specific plan or general plan amendment), if made necessary by such proceeding and if applicant desires to pursue securing such approvals, after initiation of such proceeding, which are conditioned on the approval of such documents.
C.
In the event that a claim, action or proceeding described in subsection A of this section is brought, the city shall promptly notify the applicant of the existence of the claim, action or proceeding and the city will cooperate fully in the defense of such claim, action or proceeding. Nothing in this section shall prohibit the city from participating in the defense of any claim, action or proceeding. In the event that the applicant is required to defend the city in connection with any such claim, action or proceeding, the city shall retain the right to: (1) approve the counsel to so defend the city; (2) approve all significant decisions concerning the manner in which the defense is conducted; and (3) approve any and all settlements, which approval shall not be unreasonably withheld. The city shall also have the right not to participate in such defense, except that the city agrees to cooperate with the applicant in the defense of such claim, action or proceeding. If the city chooses to have counsel of its own defend any claim, action or proceeding where the applicant has already retained counsel to defend the city in such matters, the fees and expenses of the counsel selected by the city shall be paid by the applicant. Notwithstanding the immediately preceding sentence, if the city attorney's office participates in the defense, all city attorney fees and costs shall be paid by the applicant.
(Ord. 707 § 1.1, 2006)
§ 9.02.320 Reasonable accommodation procedures.
A.
Purpose and Intent. It is the purpose of this section to provide reasonable accommodations in the city's zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling.
B. "Applicant" "Fair Housing Laws" "Person with a disability" "Reasonable accommodation" "Special needs populations"
Definitions. The following terms as used in this section shall, unless the context clearly indicates otherwise, have the following meanings:
means a person, business, or organization making a written request to the city for reasonable accommodation in the strict application of the city's zoning and land use laws, rules, policies, practices and/or procedures.
means the Federal Fair Housing Act (42 U.S.C. Section 3601, et seq.), the Americans with Disabilities Act, and the California Fair Employment and Housing Act (California Government Code Section 12900, et seq.), as these statutes now exist or may be amended from time to time, and each Act's implementing regulations.
means an individual who has a physical or mental impairment that limits one or more of that person's major life activities; anyone who is regarded as having such impairment; or anyone who has a record of having such an impairment. Such an impairment shall not include an individual's current, illegal use of a controlled substance.
in the land use and zoning context means providing individuals with disabilities or developers of housing for people with disabilities with flexibility in the application of land use and zoning and building regulations, policies, practices and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to provision of housing or service opportunities.
means disabled households, agricultural workers, single-parent households, survivors of physical abuse, homeless persons or persons at risk of becoming homeless, chronically ill persons including those with HIV and mental illness, displaced teenage parents (or expectant teenage parents), homeless youth as defined in Government Code Section 11139.5, individuals exiting from institutional settings, chronic substance abusers, or other specific groups with unique housing needs as determined by the state. "Special needs populations" do not include seniors or the frail elderly unless they otherwise qualify as a special needs population.
C.
Authority of the Planning Official. The planning official is hereby designated to approve, conditionally approve, or deny, without public hearing, all applications for a reasonable accommodation.
D.
Procedure for Application Review.
1.
Applicant. A request for a reasonable accommodation may be made by any person with a disability, his or her representative, or a developer or provider of housing for individuals with a disability.
2.
Application. An application for a reasonable accommodation shall be made on a form provided by the planning department. No fee shall be required for a request for reasonable accommodation, but if the project requires another discretionary permit, then the prescribed fee shall be paid for all other discretionary permits. If an individual needs assistance in making the request for reasonable accommodation, the city will provide assistance to ensure that the process is accessible.
3.
Other Discretionary Permits. If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval, the applicant may file the request for reasonable accommodation together with the application for the other discretionary permit or approval. The processing procedures of the discretionary permit shall govern the joint processing of both the reasonable accommodation and the discretionary permit.
4.
Required Submittals. An application for a reasonable accommodation shall include the following:
a.
Documentation that the applicant is: (i) a person with a disability, (ii) applying on behalf of one or more persons with a disability, or (iii) a developer or provider of housing for one or more persons with a disability;
b.
The name and address of the individual(s) requesting the reasonable accommodation;
c.
The name and address of the property owner(s);
d.
The address of the property for which accommodation is requested;
e.
A description of the reasonable accommodation requested by the applicant;
f.
An explanation of how the specific reasonable accommodation requested by the applicant is necessary to provide one or more persons with a disability an equal opportunity to use and enjoy the residence;
g.
Where applicable, documentation that the requested accommodation is designed and constructed pursuant to Title 24 of the California Code of Regulations to allow access, circulation and full use of the building and facilities by persons with disabilities.
E.
Basis for Approval or Denial of a Reasonable Accommodation.
1.
Findings. The written decision shall be based on the following findings, all of which are required for approval:
a.
The requested accommodation is requested by or on behalf of one or more persons with a disability protected under the Fair Housing Laws.
b.
The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling.
c.
The requested accommodation will not impose an undue financial or administrative burden on the city.
d.
The requested accommodation will not result in a fundamental alteration in the nature of the city's zoning program.
e.
The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others.
2.
In determining whether the requested reasonable accommodation is necessary to provide one or more persons with a disability an equal opportunity to use and enjoy a dwelling, the city may consider, but is not limited to, the following factors:
a.
Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability;
b.
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;
c.
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;
d.
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.
3.
Rules While Decision Is Pending. 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.
F.
Notice of Decision.
1.
The planning director shall issue a written determination to approve, conditionally approve, or deny a request for a reasonable accommodation. The planning director may elect to forward the matter to the planning commission for consideration of the application.
G.
Expiration, Time Extension, Violation, Discontinuance, and Revocation.
1.
Expiration. Any reasonable accommodation approved in accordance with the terms of this section shall expire within 24 months from the effective date of the approval, or at an alternative time specified as a condition of the approval, unless:
2.
Time Extension.
a.
The planning director may, upon an application being filed prior to expiration and for good cause, grant a time extension of up to three one-year extensions of time. Each extension of time shall be granted in one-year increments only. Upon granting of an extension, the planning director shall ensure that conditions of the administrative approval comply with all current development code provisions.
b.
Notice. Notice of the planning director's decision on a time extension shall be provided in writing. All written decisions shall give notice of the right to appeal and to request reasonable accommodation in the appeals process.
c.
Appeal of Determination. A time extension for a reasonable accommodation shall be final unless appealed to the city council within 14 calendar days of the date of mailing of the determination. An appeal shall be made in writing and shall be noticed and heard pursuant to the procedures established in Section 9.02.240 of this code.
3.
Discontinuance. If the person(s) with a disability for whom the reasonable accommodation was originally granted vacate the residence to which the reasonable accommodation applies the reasonable accommodation shall remain in effect only if the planning director determines that: (a) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the municipal code; or (b) the accommodation is necessary to give another person with a disability an equal opportunity to enjoy the dwelling. The planning director may request that the applicant, or his or her successor-in-interest, provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within 30 days of the date of a request by the city shall constitute grounds for discontinuance by the city of a previously approved reasonable accommodation.
4.
Revocation. Procedures for revocation shall be as prescribed by Section 9.02.260. Any reasonable accommodation approved in accordance with the terms of this code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith.
H.
Amendments. A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be treated as a new application. The planning director may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval.
(Ord. 869 § 3.11, 2013; Ord. 990 § 6, 2022; Ord. 999 § 4, 2023)