Moreno Valley City Zoning Code

Minor Development Review Process.

Major Development Review Process.

Development Review Index. The following list indicates the review process required for each application type shown.

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).

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.

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.

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.

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:

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.

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.

Required Findings. An amendment to the text or maps of the general plan may be made if:

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.

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:

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.

Authority.

Required Determinations. Amendments to this title, including amendments to the zoning atlas, may be made if:

Prezoning.

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.

Interim Zoning.

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.

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.

Required Findings. A conditional use permit may be approved in whole or in part, if all of the following findings can be made:

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.

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.

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.

Authority.

Required Findings. A plot plan may be approved in whole or in part, if all of the following findings can be made:

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.

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.

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.

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.

Authority. The community development director may approve administrative plot plans subject to the requirements, provisions and intentions of this title.

An administrative plot plan may be approved if all of the following findings can be made:

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.

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.

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.

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.

Limitations on Administrative Variances. Only the following variances may be granted by the community development director and subject to the following limitations:

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:

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:

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.

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.

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:

Required Findings. The planning commission shall make all the following findings in its decision to grant a variance request:

Conditions. Conditions of approval for a variance may include, but shall not be limited to:

Authority. Section 65864 of the California Government Code authorizes the city to enter into a development agreement with any person having a legal or equitable interest in real property located within the city for the development of the respective property. Section 65864 further authorizes the city to enter into a development agreement with any person having a legal or equitable interest in real property in unincorporated territory within that city's sphere of influence for the development of the respective property, provided the development agreement shall not become operative unless annexation proceedings annexing the property to the city are completed within the period of time specified by the development agreement.

Purpose. The purpose of this section is to set forth the procedures and requirements for the consideration of development agreements upon application by, or on behalf of, the property owner or other person having a legal or equitable interest in the subject real property.

Benefits.

Application and Application Fee. An applicant for a development agreement shall complete the necessary application form provided by the city and pay any requisite application fees duly adopted by the city.

Environmental Review. A development agreement shall be subject to environmental review pursuant to the California Environmental Quality Act (CEQA) and the applicable provisions of the CEQA Guidelines.

Intent. The intent of a development agreement is to provide assurances to a development agreement applicant that upon approval of the respective project, the applicant may proceed with the project in accordance with existing policies, rules, and regulations, and subject to the conditions of approval, in effect at a time certain as set forth in the development agreement.

Content.

Public Hearings.

Findings to Approve.

Approval by Ordinance. A development agreement may only be approved by an ordinance duly adopted by the city council.

Subject to Referendum. Pursuant to Section 65867.5 of the California Government Code, since the approval of a development agreement is a legislative act, the ordinance approving a development agreement may be repealed by voter referendum.

Effective Date. The effective date of a development agreement shall be no earlier than 30 days after the second reading of the ordinance approving the development agreement, unless the applicant has not yet acquired a fee interest in the subject property, in which case the effective date may not be any earlier than the date the applicant acquires a fee interest in the subject property.

Recordation. The city clerk shall record a development agreement with the county recorder no later than 10 days after the effective date of the development agreement.

Notice. From and after the time of recordation of a development agreement, the development agreement shall impart such notice thereof to all persons as is afforded by the recording laws of the state, and the burdens of the development agreement shall be binding upon, and the benefits of the development agreement shall inure to, all successors in interest to the parties to the development agreement.

Major Amendments or Cancellation. A development agreement may be subject to major amendments or cancellation of any of the mandatory or optional terms in whole or in part by mutual consent of the parties to the development agreement or their successors in interest, pursuant to procedural requirements of Section 65868 of the California Government Code, subject to the approval of the city council. Notice of intention to approve a major amendment or a cancellation as described herein shall be given in the manner provided by Section 65867 of the California Government Code. In addition, a major amendment to a development agreement or a cancellation as described herein shall be subject to the provisions of Section 65867.5 of the California Government Code and both shall be subject to repeal by voter referendum.

Major Amendments. Major amendments include any change, revision or elimination of any mandatory or optional terms of a development agreement as described in this section.

Minor Amendments. A minor amendment to a development agreement may be approved by the city manager or designee administratively. A minor amendment shall include, but not be limited to, any amendment that does not change, revise, or eliminate any of the mandatory or optional terms of a development agreement as described in this section.

Annual Review. Each development agreement shall be subject to periodic review by the city council at least every 12 months, at which time the applicant, or successor in interest thereto, shall be required to demonstrate good faith compliance with the terms of the respective development agreement. If, as a result of such periodic review, the city council finds and determines, on the basis of substantial evidence, that the applicant or successor in interest thereto has not complied in good faith with terms or conditions of the development agreement, the city council may terminate or modify the development agreement.

Enforcement. Pursuant to Section 65865.4 of the California Government Code, unless amended or canceled pursuant to Section 65868 of the California Government Code, or modified or suspended pursuant to Section 65869.5 of the California Government Code, and except as otherwise provided in subdivision (b) of Section 65865.3 of the California Government Code, a development agreement shall be enforceable by any party thereto notwithstanding any change in any applicable general or specific plan, zoning, subdivision, or building regulation adopted by the city, which alters or amends the rules, regulations, or policies specified in Section 65866 of the California Government Code.

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:

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.

Applicability.

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.

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:

Contents of a Surface Mining Permit Request.

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.

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.

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.

Required Findings. The community development director shall make the following findings if he determines to approve a home occupation permit:

Conditions for Issuance of Home Occupation Permits. The following conditions shall apply to all home occupation permits:

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:

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.

Authority.

Permitted Temporary Uses. The following table identifies those uses which may be permitted subject to the issuance of a temporary use permit:

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:

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:

Criteria for Permit Issuance. The community development director shall consider the following criteria in rendering a decision relative to a temporary use permit application:

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:

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.

Applicability. The community development director may approve tenant improvements which comply with the requirements, provisions and intentions of this title.

Required Finding. The community development director may approve a tenant improvement if all of the following findings can be made:

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.

Applicability. The community development director may grant land use approvals which comply with the requirements, provisions and intentions of this title.

Required Findings. The community development director may approve a land use approval if all of the following findings can be made:

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.

Definitions.

Applicability. This section applies to all legal nonconforming uses, legal nonconforming improvements and legal nonconforming parcels, except as described below:

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.

Continuation and Maintenance.

Alteration of Nonconforming Uses and Improvements.

Restoration of a Damaged Legal Nonconforming Use or Improvement.

Exceptions to Provisions for Legal Nonconforming Uses and Improvements.

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.

The following findings shall be made to support any requests provided under subsections H and I:

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.

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:

Determination of Completeness.

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.

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.

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.

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.

Consideration of Concurrent Applications.

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.

Time Limit for Approving Applications.

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:

Incomplete and Inactive Applications.

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.

Public Hearing Date.

Notice of Hearing. Whenever a public hearing is prescribed in this title, notice of public hearings shall be given by:

Conduct of Public Hearings.

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.

Expiration. 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 or by state or federal law.

Definitions. For purposes of this section, the following definitions shall apply:

Tolling of Expiration Date Due to Pending Litigation. The period of time before a permit or project approval issued by the city expires shall not include the period of time during which an action or proceeding involving the approval or conditional approval of the permit or project approval is or was pending.

Request for Extension of Expiration Date. A permit holder may request an extension of the expiration date of a permit by submitting a complete application provided by the city and paying any requisite application fees duly adopted by the city, at least sixty calendar days before the expiration of the permit.

Qualifying Circumstances. Unless otherwise provided in this section or governed or preempted by applicable state law, a request to extend the expiration date of a permit may be submitted under the following circumstances:

Administrative Extension of Expiration Date. The community development director or designee is authorized to extend the expiration date of a permit administratively unless a condition of approval in the permit specifically provides otherwise.

Referral to Planning Commission or City Council. The community development director is authorized to refer an application to extend the expiration date of a permit to the body that took final action on the approval of the subject permit.

Tolling Pending Extension Decision. The expiration date of a permit shall be tolled pending a final decision on the requested extension.

Maximum Time Extension. Under no circumstances shall an expiration date of a permit be extended for more than 24 months at any given time, but the applicant shall not be precluded from subsequently requesting additional extensions unless a condition of approval in the permit provides otherwise.

Necessary Findings. An extension of time may only be approved based on the following findings:

Appeal of Action.

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.

Appeal Hearings. Public notice of an appeal hearing shall be given, as required by law.

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.

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.

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.

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:

Notification and Time Limits for Correction.

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.

Authority.

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.

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.

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:

Applicability. A substantial conformance approval may include expansions of approved projects, where the proposal meets zoning code requirements.

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.

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.

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.

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.

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.

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.

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.

Definitions. The following terms as used in this section shall, unless the context clearly indicates otherwise, have the following meanings:

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.

Procedure for Application Review.

Basis for Approval or Denial of a Reasonable Accommodation.

Notice of Decision.

Expiration, Time Extension, Violation, Discontinuance, and Revocation.

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.